Heilongjiang Province, Land Registration

Original Language Title: 黑龙江省土地登记办法

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(On April 22, 2004 Heilongjiang Province Government 11th times Executive Conference considered through on July 15, 2004 Heilongjiang Province Government makes 2nd, announced since on October 15, 2004 up purposes) first chapter General first article for maintenance land of Socialist-public, protection land owner, and using who and he items right who (following collectively land right people) of lawful rights and interests of, strengthening land assets and urban and rural lands of unified management, according to about legal, and regulations provides, combined this province actual,
    These measures are formulated.
    Land registration in these measures in article, refers to the people's Governments above the county level, according to law on State-owned land use rights, land ownership, land use and land rights (hereinafter referred to as land rights) the establishment, change, cancellation, confirmation and issuance of land titles Act.
    Land rights in these measures refers to ownership of land and land use rights of land-use rights, including mortgage, lease and other land rights State requires registration.
    Land registration is divided into initial land register and land register.
    Article III land registration in the administrative area of the province shall abide by these measures.
    Confirm the ownership and use of forest land and grassland, confirm the right to use the surface of beach culture, respectively, according to the forestry law, grassland law and the relevant provisions of the Fisheries Act.
    Fourth article in accordance with the registration of land rights recognized in the present measures are protected by law and no unit or individuals may infringe upon it.
    No unit or individual shall not be arbitrarily detained lawfully obtained land certificates.
    Fifth article not handle or not allowed handle land registration of, according to following provides processing: (a) land right shall not transfer, and rental, and mortgage, and pricing funded or shares; (ii) by approved expropriation, and occupied land or implementation demolition, caused land right change or out lost of, land ownership, and right not compensation; (three) ground buildings and the other attached real involved ownership transfer of, not handle property transfer registration procedures.
    Sixth land administrative departments of people's Governments above the County in accordance with these measures is responsible for land registration work within their respective administrative areas.
    Reclamation area belongs to agriculture, animal husbandry and forestry sites legally obtained State-owned land use right of the land within, State-owned land within the forest and a number of provincial belongs to agriculture, animal husbandry, forestry, fishery and forces use State-owned land, the provincial governments register and issue certificates confirming that right. Seventh land administrative departments of people's Governments above the County land periodic inspection a certificate confirmation.
    Specific measures for identification confirmation by land administrative departments of the people's Government of the province in conjunction with the departments concerned separately. Land registry data queries can be made public.
    Query specific measures in accordance with the relevant provisions of the State, province. Implementing agency of land registration.
    Provincial land administrative departments of the people's Government is responsible for land registration agents within the administrative area of the province known intermediary qualification.
    Certified system of land registration personnel. Chapter II application and accept the eighth land rights to the land administrative departments of local people's Governments above the county where the land applied for land registration.
    Cross City (area), district (City) land use in the administrative area, shall be respectively to the land administrative departments of local people's Governments above the county where the land to apply for land registration.
    Reclamation area approved by the law of agriculture, animal husbandry, State-owned land within the forest change and changes in land use, forest industry approved by the law of Forestry Administration (field) within the construction land change and change of use, the land administrative departments of the people's Government of the province an application to Agency applications. As the basic unit of land registration. Rights of ownership or use of land of more than two people, should apply for registration.
    Two or more people shared the same land parcel of land rights, each Party shall apply for registration of land. Nineth article application land registration of, according to following provides handle: (a) State-owned land right by using state-owned land of units or personal application registration; (ii) collective land belongs to village within farmers collective organization of farmers collective of, by village within collective organization or villagers group application registration; belongs to village farmers collective of, by village collective organization or village Committee application registration; belongs to Xiang (town) farmers collective of, by Xiang (town) collective organization application registration,
    Xiang (town) collective organization not sound of, can by Xiang (town) Government on behalf of application registration; (three) collective land right by using collective land of units or personal application registration; (four) public facilities with to by its competent units application registration; (five) to land right pricing funded or shares and foreign held joint venture, and cooperation enterprise of, by joint venture enterprise or China cooperation who application registration; (six) foreign owned enterprise, and joint-stock enterprise with to, by the enterprise application registration;
    (Seven) by approved and ground land right separation of independent using of underground space, by using who application underground space of land registration; (eight) land he items right by land he items right people and obligations people to original land registration organ application registration; (nine) temporary using land of, by with to units application registration; (ten) legal, and regulations provides of other case, according to its provides application registration.
    Article tenth of land registration land register applicant has appointed a representative, authorized agent shall submit a power of Attorney and agent identification.
    Outside the power of Attorney of the applicant shall, in accordance with the national regulations for notarization.
    Representative is a legal person or other organization, it shall meet the qualifications on land registration agency.
    11th article application land registration, applicants should submitted following information: (a) land registration applications; (ii) corporate and statutory representative people proved, personal identity proved or household proved, after notary of outside enterprise or organization provides of identity proved; (three) land ownership source proved and figure pieces, including County above Government approved with to of effective file, and with to prospecting determination territories figure, and State-owned land right paid using contract, and has according to contract agreed pay land paid using costs of voucher,;
    (Iv) other relevant information can prove ownership of land.
    12th allocated to acquire State-owned land, land users should be in the people's Governments above the county level, to approve the allocation of land within 30th of, applications for land registration.
    Old city transformation involves the reallocation of land, right to person should be implemented within 30th of old city reconstruction, holds the relevant documents of ratification, implementation of programmes, as well as the lands of the former State-owned land-use certificates, applications for land registration.
    13th with paid access to state-owned land use rights, land users should sign land use contracts and pay the land use fee in full and in accordance with the contract within 30th of, applications for land registration.
    14th underground space use in accordance with these measures the 12th, 13th section apply for registration of land.
    15th the lawful use of land should be receiving the approval of the people's Governments above the County files within 30th of, approval for the use of documents and related agreements, applications for land registration.
    16th section land right registration, the Parties shall from the date of signing of the contract in the 15th, holding land certificates, contracts and relevant documents to apply for land registration.
    Land use right according to law set him right, shall submit the certificate of collective land owner.
    The same land use right according to law set two or more mortgages, each Party shall apply for registration of mortgage.
    Do not need to sign the contract of his right by the parties in accordance with the relevant provisions of the land registration.
    17th commercial and affordable housing presale pre-sale housing permits should be made within 30th of, land certificates and pre-sale permits registration of housing presale segmentation of the land registration authority for land, receiving divided transfer registration certificate.
    Housing and affordable housing the purchaser shall from the date of receiving housing title certificate in the 30th, segment assignment registration certificates, the certificates of title to the land registration office of housing registration procedures for land.
    The 18th sale of public housing, housing unit shall hold a certificate of the land alteration registration and segmentation; buyers in property rights registration certificate within 30th of, property ownership certificates and land division transfer of registration to apply for land registration. 19th article has following case one of of, party should since land right change facts occurred of day up 30th within application land change registration: (a) collective land ownership for land expropriation, and Exchange, and adjustment, reasons occurred transfer of; (ii) land right transfer, and inherited, and gift, and segmentation, and merged of; (three) to gift, and inherited, and sale, and Exchange, and segmentation, and demolition, way disposition ground buildings and other attached real involved land right transfer of; (four) land right people name or address, and
    Land use, land use and other conditions change (v) other circumstances as stipulated by laws and regulations.
    20th renewal of a land use application for the expiry, land users should be on the renewal applications for land within 30th of land registration.
    21st land right change or terminate, the parties should sign a contract or other rights from the date of termination of the land in the 15th, holding contracts or supporting documents to the registration authority for land use change or cancellation of registration.
    The 22nd under any of the following circumstances, land rights from the termination occurred within 30th of land rights, relevant supporting materials to the land administrative departments of the people's Governments above the County to apply for cancellation of registration of land: (a) land use expiry from the use of, (b) land loss due to force majeure, (iii) land rights terminated in other circumstances.
    Article 23rd applicant due to force majeure or justified not in accordance with the provisions of the term applied for, may extend the registration period.
    The 24th land administrative departments of people's Governments above the County at the time of receiving the applications for land registration, should fill out the receipt of land registration form, and on the 15th's decision to accept or not to accept.
    25th under any of the following circumstances, inadmissible applications for land registration: (a) applying for registration are not covered by this registration area, (ii) land registration no legal proof of identity of the applicant, (iii) sources of land ownership illegal and (iv) the application documents are incomplete or do not meet the requirements; (e) the other could not legally register certification.
    Inadmissible applications for land registration, it shall notify the applicant in writing and state the reasons.
    Chapter III investigating and adjudicating the 26th land administrative departments of people's Governments above the County after accepting an application for land registration and cadastral survey should be carried out, ascertain the nature, source, time, the ownership of land uses, location, shape, location, grade, size and so on. Land registration the applicant and interested party shall cooperate with the adjacent cadastral survey and site. Land administrative departments of the people's Governments above the county should be in the 3rd applicant and territories adjacent to the interested person. Adjacent to the applicant or an interested person if not on time, you can change the context of the land registration authority.
    Adjacent to the applicant or an interested person does not apply for a change of time and is not present, land administrative departments of the people's Governments above the county level, according to the cadastral information, status of parcel boundaries and territories determined boundaries.
    27th land administrative departments of people's Governments above the county based on land ownership laws, rules and regulations, confirmation of land ownership.
    Actual situation inconsistent with their approval of land use, land administrative departments of the people's Governments above the county level, according to the confirmed ownership of land; the location of the actual land, boundary, boundary lines consistent with the documents, does not match the actual area of the original area, land tenure shall be subject to the actual area to confirm.
    28th the need for changes of cadastral surveys, land administrative departments of the people's Governments above the county level, organizational changes of cadastral surveys. The fourth chapter audit and registration article 29th initial cadastral survey result by the receiving competent administrative departments of people's Governments, meet the conditions for registration shall be published.
    Objections by the parties, during the announcement period can issue a public notice to the land administrative departments of people's governments apply for a review.
    30th article land registration application by County above government land administrative competent sector audit, think ownership legal, and boundary clear, and area accurate of, by County above government land administrative competent sector handle registered registration, by County above Government to state-owned land using who issued State-owned land using card; to collective land owner issued collective land ownership certificate; to collective land using who issued collective land using card.
    Approved by the State or province, provincial units and cross City (area) District land, provincial land administrative departments of people's Governments shall be registered according to law, the provincial governments issuing land certificates.
    31st has yet to determine the land use right of State-owned land, land administrative departments of the people's Governments above the county level, registration and management.
    32nd article has following case one of of, County above government land administrative competent sector should suspended registration: (a) land dispute yet solution of; (ii) illegal with to, and illegal building without processing of; (three) without approved change uses of; (four) illegal transfer, and rental, and mortgage land right, without processing of; (five) for demolition, and natural collapsed and other reasons caused ground buildings and other attached real out lost Hou not reconstruction of; (six) legal, and regulations provides of other suspended registration of matters. 33rd article has following case one of of, County above Government can in accordance with provides directly handle cancellation land registration, and Yu 15th within written notification original land right people: (a) in accordance with this approach provides should application cancellation registration and not application of; (ii) law recovered land right of; (three) mortgage land was law disposal of; (four) land was law expropriation or rural collective organization all members into formed to town residents of; (five) party in application registration Shi,
    By concealing or forging relevant documents and other deception are registered, and (vi) other circumstances can cancel its land registration according to law.
    After the 34th land registration, finding wrong registration or had registered, land administrative departments of the people's Governments above the county should go through the correct registration; a party or an interested person may apply to the correction of the registration. A party or an interested person found to be false registration or misses a registered application registration, land administrative departments of people's Governments shall, from the date of acceptance of the application in the 15th for review.
    Results for the registration is incorrect, should be within the 30th for correction of the registration, renewal of land titles; the original registration results are correct, you should notify the parties and interested persons in the 15th. Land administrative departments of the people's Governments above the County found the wrong registration or leakage of correct registration registration, shall correct the reason in writing notify the parties and interested persons. A party or an interested person without objection, should be to the original registration organ within the 30th registration procedures for correcting; the party or interested person disagrees with should be checked in the 15th from the date of receipt of the notification.
    Parties did not apply for a review within the time limit and refuses to deal with correction of the registration procedures, certification authorities may notice certificate of the land set aside. 35th land certificate is lost or destroyed, land rights should the original issuing authorities for the record in a timely manner, apply for the issuance of a new license, notice in the local newspaper.
    Of no objection within the 30th since the date of the announcement, the original land certificate issuing authority cancelled the original and reissue a new certificate.
    Article 36th land certificate records and land registration (book) does not match the records, land registration (book) records shall prevail.
    37th fifth chapter legal liability article violates these rules, do not regularly go through the land alteration registration, land administrative departments of the people's Governments above the county level, ordered to handle; fails to go through, and fined not more than ten yuan per square meter.
    Article 38th to transferring acquired land for real estate development, failing to obtain land use rights certificates and transfer of real estate, handled by the illegal transfer of land.
    39th land rights in accordance with the provisions accepted land certification examination confirmed the time limit, the land administrative departments of the people's Government ordered to undergo inspection; fails to accept the identification of confirmed, individuals used to impose a fine of less than 200 Yuan and 500 Yuan, the unit fined 2000 Yuan and 10,000 yuan fine.
    40th deception to obtain certificates of land, land administrative departments of the people's Governments above the county level, fined 5,000 yuan fine, approved by the people's Governments above the County, cancellation of land certificates.
    41st sabotages the boundary point marks, land administrative departments of the people's Governments above the county level shall order restitution party deadline, and may impose a fine of less than 2000 Yuan.
    42nd unlawful land sales by the printed certificate, the land administrative departments of the people's Governments above the county level, the confiscation of illegal production, land certificates and sold illicitly acquired and fined parties illegal gains 10% to 50% constitutes a crime, criminal responsibility shall be investigated according to law.
    43rd land administrative departments of people's Governments above the County staff with one of the following acts, shall be given administrative punishments: (a) are in accordance with the statutory conditions and procedures for issuing land certificates; (b) abuse of authority or engages in a minor, (iii) negligence, fails to perform the statutory duties. Sixth chapter supplementary articles article 44th these measures come into force on October 15, 2004.
                                                                                                                              Heilongjiang provincial people's Government on February 8, 1996, issued by the abolition of land registration in Heilongjiang province at the same time.

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