Zhejiang Province Land Registration

Original Language Title: 浙江省土地登记办法

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(Released March 30, 2002, Zhejiang Provincial people's Government, the 141th) Chapter I General provisions article in order to strengthen the management of land tenure, land market order, land owners, users and other rights guaranteed the legitimate rights and interests of the parties, in accordance with the People's Republic of China land administration law, the Zhejiang Provincial implementation of People's Republic of China land management provisions of the law approach, combined with the facts of the province, these measures are formulated.
    Article within the administrative area of the province's State-owned land-use, land owners, land users and the land rights of the other party, must, in accordance with the regulations, apply for registration of land.
    Confirmed forest ownership or use, water surfaces and tidal flats of the farming right to, respectively, in accordance with the People's Republic of China forest and the People's Republic of China Fisheries Act regulations.
    Third land administrative departments of the people's Governments above the county level shall be responsible for land registration work within their respective administrative areas.
    The fourth legal registration of land ownership, use and other rights are protected by law and no unit or individuals may infringe upon it.
    Without legal registration of land, no transfer, lease and mortgage.
    Chapter II title, right and his right to register the fifth to land as the basic unit of land registration.
    Possession or use of more than two land owners or users of land, should apply for registration.
    Two or more users are using the same land, each Party shall apply for registration.
    Article sixth allocation of State-owned land, land users should be fixed in the field layout within 30th of, to the land administrative departments of the people's Governments above the county applied for land registration, the people's Governments above the county level shall register, issued by the State-owned land use right certificate, confirm the right.
    Paid use of State-owned land in accordance with law, shall, in accordance with the contract of paid use of land use, land use right transfer fees and other user fees paid within 30th of, to the land administrative departments of the people's Governments above the county applied for land registration, the people's Governments above the county level shall register, issued by the State-owned land use right certificate, confirm the right.
    Did not determine the use right of State-owned land, the people's Governments above the county level shall register and is responsible for the protection and management.
    Seventh provincial government agencies, provincial enterprises, institutions and social groups, as well as enterprises and institutions directly under the central legal use of State-owned land within the administrative area of the province registered certification, land administrative departments of the provincial governments are responsible for, or entrusted by its land is located city and County land administration authority.
    Registration of provincial land administrative departments of people's Governments of the issues in dispute be decided according to law, violation of provisions revoked the certification of land registration results, land registration law back to delegates.
    Article eighth farmers collectively-owned land, the land owner to land is located or the employer should apply for land registration land administrative departments of people's Governments at the county level, the County Register, issuance of certificate of collective land ownership and confirm the ownership.
    Set up district municipality to the municipal area of rural collective land register.
    Peasant collective ownership of all land registration rules, enacted by the land administrative departments of the people's Government of the province.
    The Nineth of farmers ' collective use of land for non-agricultural construction, land users should be fixed in the field layout within 30th of, the land administrative departments of people's Governments at the county level, where the land applied for land registration, County Register issued by the land use right certificate, confirm the right. Peasant collective ownership of agricultural land, land users should be to the land administrative departments of people's Governments at the county level, where the land applied for land registration, County Register issued by the land use right certificate, confirm the right. Has been issued by the certificate of the right of rural collective land contract, you can no longer apply for land registration.
    No issuance of certificate of right to contracted management of rural collective land, land contracts as a basis for land registration, and issued land certificates.
    Farmers ' collective of barren hills, waste valleys, barren hillocks, wasteland, wasteland (free of responsibility, cropland) law for agricultural production, land users should be contracting, leasing, bid contract approval date of 30th, brought to the land land administrative departments of people's Governments at the County land registration applications from the County Register, issued by the land use right certificate, confirm the right.
    Tenth independently using underground space, the users shall be approved within 30th of, to the land administrative departments of the people's Governments above the county applied for land registration, the people's Governments above the county level shall register and issuance of underground space in land-use right certificate, confirm the right.
    11th under any of the following circumstances, the land owner, user shall, at the date of signing the contract in the 15th, to the registration office for registration of land rights is set as follows: (a) legal security of land tenure, (ii) leased land in accordance with laws and (iii) set the other laws and regulations need to be registered right.
    His right is changed, and the Parties shall approve the change or change of date in the 15th, the original registration organ for change registration.
    12th article has following case one of of, land owner, and using who should in land ownership change of day up 30th within, to original registration organ application handle land ownership change registration: (a) law transfer land right of; (ii) law inherited land right of; (three) for Exchange, and adjustment land and occurred land ownership, and right change of; (four) for disposition mortgage property and made land right of; (five) for units merged, and Division, and merger, reasons caused land right change of;
    (Vi) other circumstances that land ownership law changes.
    13th land use change or change of land use, land owners, users, or other rights the Parties shall approve the change or changes occur within 30th of, the original registration organ for change registration.
    Land development in the 14th after the completion of construction projects, land rights should be passed the acceptance date of the 30th, the original registration organ for change registration.
    Name, legal representative, address, change of registered particulars such as conditions of use, land owners, users, or other rights the Parties shall approve the change or change of date in the 15th, the original registration organ for change registration.
    15th article has following case one of of, land owner, and using who or he items right party should to original registration organ application handle cancellation registration: (a) law recovered land right of; (ii) State-owned land right transfer or rental expires, not application continued period or application continued period not was approved of; (three) for natural disasters caused land out lost of; (four) land he items right terminated of; (five) legal, and regulations, and regulations provides should cancellation registration of case.
    Parties of any of the circumstances listed in the previous paragraph, does not apply for cancellation of registration in accordance with this approach, the original registration authorities direct the cancellation of registration, cancellation of the land certificate.
    16th section land registration, land administrative departments of the people's Governments above the county level find fault, cheat or leaks, should be corrected in time to register; land owners, users, his right parties and other interested persons found to be false or missing can apply for the correction of the registration, land administrative departments of the people's Governments above the county level shall handle the correct registration.
    Go through the correct registration, it shall be announced.
    17th chapter land registration procedures apply for land registration, by the land owners, users and other rights of the parties to apply for, or Commission agency of land registration, apply for registration.
    Land registration agency shall, in accordance with national and provincial social intermediary organizations management conditions and procedures prescribed by the establishment; engaged in land registration agency shall be subject to qualification for land administrative departments of the people's Government of the province. 18th article application land registration, application who should to County above government land administrative competent sector submitted following file: (a) land registration applications; (ii) land registration applicants of ID Ming (personal of identity proved or household proved, units of license and the statutory representative people proved); (three) land ownership source proved; (four) has ground buildings and other facilities of, should submitted its ownership proved; (five) need paid land tax of, should submitted tax paid proved; (six) legal, and
    Regulations, rules and regulations should be submitted to the other.
    Entrusts an agent to apply for registration of land, should also submit a power of Attorney and agent identification.
    19th land registration application shall set forth the following major items: (a) the name and address of the applicant; (b) the location, area, use of land, and (iii) sources of land ownership or the right of ownership of and other rights and (iv) the signature and seal of the applicant; (v) other matters set forth. 20th article applicants submitted land ownership source proved, should meet following provides: (a) to allocated way made State-owned land right of, should submitted County above government law approved of with to file and State-owned land allocated decided book; (ii) using collective land for construction or agricultural production of, should submitted County above government law approved of with to file or land using contract; (three) to transfer way made State-owned land right of,
    Should submitted state-owned land right transfer contract and the land right transfer gold paid voucher; (four) to shares way made State-owned land right of, should submitted land right shares of approved file and shares contract; (five) law tenant land of, should submitted land rental of approved file and rental contract; (six) to other way made land right of, should submitted legal of ownership source proved and other about file.
    21st article County above government land administrative competent sector should since received land registration application of day up 10th within, on applicants submitted of file information for full review, and by following provides processing: (a) meet this approach provides of, should made accepted decided; (ii) applicants provides of proved material not complete or not meet provides of, should written notification applicants deadline correction; (three) has this approach 22nd article case one of of, should made not accepted decided;
    (D) the 23rd one of these measures, it should be decided to suspend registration.
    Department of land administration land registration applications received within the time prescribed in the preceding paragraph would neither require the deadline correction, and refusing to make a decision on admissibility, expiry of the review shall be accepted. 22nd article application land registration has following case one of of, County above government land administrative competent sector not accepted: (a) not belongs to this organ jurisdiction of; (ii) in correction notification provides time within not correction about proved material of; (three) cannot provides legal land ownership source proved of; (four) land right transfer, and rental term over land right transfer highest years of; (five) by provides should declared premium and not declared of, or hide, and false premium of; (six) legal, and regulations, and
    Rule inadmissible under other circumstances.
    23rd article has following case one of of, County above government land administrative competent sector should suspended registration: (a) land ownership dispute yet solution of; (ii) land violations yet processing or is processing of; (three) for law seized ground buildings and other attached real, reasons limit land right of; (four) legal, and regulations, and regulations provides should suspended registration of other matters.
    After the circumstances listed in the previous paragraph is removed, land administrative departments of the people's Governments above the county level shall be registered in accordance with the law of the land.
    The 24th land administrative departments of the people's Governments above the county level shall legally inadmissible or suspension of registration, it shall make a written decision, state the reasons and basis, and inform the applicant of the right to apply for administrative reconsideration or bring an administrative suit right; if necessary, the hearing shall be organized in advance.
    25th land administrative departments of people's Governments above the county level after accepting an application for land registration, cadastral surveys should be carried out, reviewing land ownership, size, usage, and so on; meets the requirements of registration, shall, within the scope of the administrative public offer newspapers or designated by the people's Governments above the county level fixed place announce announcement deadline is 15th, but this way except for land registration article 14th.
    26th the claimant and any other interested person objects to the announcement, within the notice period to accepting an application for registration of land administrative departments to review and submit application for review and the relevant evidentiary material.
    Land administrative departments upon receipt of the application for review shall be reviewed in the 10th, and written notice to review the review results to the applicant.
    27th posting expires, who meet the conditions for registration of land, land administrative departments shall be reported by the people's Government at the same level, shall draw up a register of land cards, issuance, replacement, modification and cancellation of land certificates. Land registration and land rights of land certificates are legal documents.
    Land certificate lost, destroyed, the Parties shall promptly apply for a replacement to the original land registration authority in accordance with the relevant provisions. Applicant shall be paid in accordance with the provisions of the registration fee.
    Standard registration fee charged shall, in accordance with permission by the Department of land administration, price approved by the Department of finance.
    28th article County above government land administrative competent sector should in following provides term within handle land registration: (a) State-owned land right, and collective land ownership, and collective land right registration for 30th; (ii) land uses change or change land using status registration for 30th; (three) he items right registration for 15th; (four) cancellation registration for 15th; (five) other matters change registration for 15th.
    Prescribed in the preceding paragraph from accepting land is calculated from the date on which the application for registration, except for the notice period.
    Supervision and administration of the fourth chapter 29th people's Governments above the county level shall establish and improve the monitoring of land registration systems and accountability system, perform his duties of supervision and management.
    Provincial land administrative departments should strengthen supervision and inspection of land registration, and special inspection according to the actual situation, found illegal or improper land registration, and shall promptly rectify or investigation. Article 30th land administrative departments of the people's Governments above the county level shall take measures to establish a sound work mechanism, strengthen the supervision and administration of land registration.
    When inspecting registration documents and land violations are found, shall perform monitoring functions in land supervision, found to apply for land registration, shall order the party to deadline for registration.
    Units and individuals on land administrative departments of the people's Governments above the county level carry out land registration, land monitoring duties, shall support and coordination, and may not refuse or hinder land management personnel from performing their duties of supervision and inspection. 31st article natural persons, legal persons and other organizations to the land administrative departments of the land registration Act, is entitled to appeal to the higher administrative authority or the Prosecutor.
    Higher administrative authorities should carefully check, and respond in a timely manner the verification results to the complainant or informant.
    32nd land administrative departments of the people's Governments above the county level shall be in an appropriate manner to the public land registration conditions, procedures, deadlines, fees, applicants, and consciously accept the supervision.
    33rd persons involved in land registration should be national or provincial land administrative departments of the people's Government issued by the land registry qualification certificates, certificates. 34th land administrative departments of people's Governments above the county level should carry out land certificate identification system, timely correction of illegal or improper land registration.
    Specific measures shall be formulated by the land administrative departments of the people's Government of the province.
    Article 35th of the land owners, users and the rights of the other party shall, in accordance with the terms as provided herein, apply for registration of land shall not be misrepresented or concealed.
    No unit and individual shall forge, alter, copy certificates, land registry documents, land certificates, land registration documents must not be used to engage in illegal activities.
    36th on the organizations and individuals can query the land registry material, except for matters involving State secrets, business secrets, a land administrative departments of people's Governments at above county level shall not refuse.
    Fifth 37th of the lands chapter legal liability offence stipulated by laws and regulations on administrative penalties, in accordance with the provisions of relevant laws and regulations.
    The 38th article violates this article sixth, eighth and Nineth and tenth, 11th paragraph, do not apply for land registration, land administrative departments of the people's Governments above the county level shall be ordered within a processing limit; still not processed and given a warning and fined 2000 Yuan fine.
    39th disobey article 11th, 12th, 13th article, land owners, users do not go through the land alteration registration, the land administrative departments of people's Governments at above county level shall order its deadline to handle; if omitted, give a warning, and may be fined not more than 10 Yuan and 20 Yuan per square meter.
    40th article violates this way 14th section, land owners, users and other rights of the parties do not go through the land alteration registration, the land administrative departments of people's Governments at above county level shall order its deadline to handle; fails to go through, given a warning and fined 1000 Yuan fine.
    The 41st under any of the following circumstances, the land administrative departments of people's Governments at above county level shall order correction within, fined a maximum of more than 1000 10000 Yuan, and collecting the land certificate: (a) the deceit, obtaining land registration, (ii) falsified land certificates; (c) altered land use certificate.
    42nd article in land registration work in the has following behavior one of of, about administrative organ should law on directly responsibility personnel and competent personnel give administrative sanctions: (a) abuse, and engages in, and fraud of; (ii) for work serious dereliction of caused wrong, and leak registration, or registration improper and not corrected of; (three) leaked work in the knows of commercial secret of; (four) lost registration material, to applicants caused major loss of; (five) bewilders party, or received bribery of;
    (F) breach charges; (VII) refuse to accept the supervision and inspection of the superior administrative departments.
    Land administrative departments and their staff due to negligence, losses occur, compensation shall be made.
    43rd article violates these rules, suspected of a crime, the relevant administrative authorities shall, in accordance with laws, administrative regulations, the provisions transferred to the judicial organs for handling.
                                                                                                                        Sixth chapter supplementary articles article 44th these measures as of June 1, 2002.