Key Benefits:
(Summit 5th ordinary meeting of the Government of the Shanghai City of 21 April 2003 to consider the adoption of Decree No. 3 of 23 April 2003 by the Government of the Shanghai City) Article 1 In order to follow up on the implementation of the Shanghai City Property Registration Regulations (hereinafter referred to as the Regulations), this provision is developed. Article 2 The engineering of property registration staff is organized by the Land Resources Authority of the Shanghai City (hereinafter referred to as the Urban Housing Resources Authority). The qualification is granted by the Urban Housing Resources Authority. A person who has not obtained a induction certificate shall not engage in the registration of property. Article 3 Housing, land survey reports submitted by the owner of the real estate registration should be made by a professional body involved in the housing land survey. Of these, land survey reports should be confirmed by the professional body involved in housing land surveys in advance by the Municipal Housing Resources Authority or by the territorial property management in the district (zone). Article IV The judiciary, the executive branch, after making decisions on limitation measures such as the implementation of property conservation, registered with the real estate registry (hereinafter referred to as the registration body) and the registry shall be checked within five working days of receipt of limitation measures such as property preservation. The parties, property and property registers that are subject to restrictions, such as property conservation, should be registered; incompatible with the property registry, the relevant judiciary, the executive body should be informed. Article 5 The executive body, after making decisions relating to the right to property, such as the application of collective land, the approval of the construction of land, the relocation of homes and the licence for the sale of commodity premises, shall be registered to the registration body and the registration body shall be registered on the date of receipt of the relevant documents. Article 6 The right to residency, the right to movement, etc. may be granted by the parties in an agreement to apply to the registration body for the registration of his own rights. Article 7 (Conferences to which the parties may proceed with the registration request) “Documents relating to property rights”, as set out in article 16 of the Regulations, include: (i) The People's Court, the arbitral body and the executive body have received evidence of the disputed nature of the right to property; (ii) The commitment document of the land-use mortgagee, the housing construction work mortgageer to renounce the corresponding collateral right at the time of the sale of the housing module; (iii) The parties will need other documents relating to the right to property in the registration file. Article 8 In accordance with article 18, paragraph 1, of the Regulations, the owner shall apply for a correction to the registry of property, which shall, within seven working days of the date of receipt of the request for corrections, verify the relevant documentation submitted by the owner and the registration documents based on the document of the original property registration. Upon verification, the real estate registry has documented errors, and the registration body should be corrected and communicated in writing to the applicant; the property registry does not document wrongly and without correction, and the registration body shall notify the applicant in writing and explain the reasons. Article 9 After the three-month period in which the registration objection was recorded, the original applicant once again made a registration objection on the same matter and the registry should not be registered. Article 10 (Status of initial registration of land-use rights) The parties should apply for the initial registration of land-use rights due to the granting of land-use property and the processing of land-use rights. The use of the same land-use owner is converted to a concession or lease and should apply for the initial registration of the right to land. Article 11 In one of the following cases, the parties shall apply for the transfer of property to register: (i) Increases in the number of people with shared property; (ii) A share of the share of the total owner of the total property. In one of the following cases, the parties shall apply for the registration of a change in property: (i) The addition of the other spouse to all property registered as a spouse; (ii) All real estate changes registered as a spouse; (iii) The registration of changes in property that are shared by the spouses; (iv) Shared property relationships are converted to common common pools, or are converted to a common share; (v) The transferee of the right to land use enters into supplementary agreements with the lender to change the name of the transferee of the contract to the project company established by him, with the exception of the transferee's investment in the land use right. Article 12 The amount of the collateral for the construction of homes was registered, including the right to land use in the construction of the house. Article 13 The commitment document of the land-use mortgage collateral, the housing construction work mortgage, which was made by the land-use mortgage collateral, shall be registered at the time of approval of the pre-removing of commodity premises. Article XIV (registration of common property for all owners) In applying for the initial registration of home ownership, the real estate that belongs to the owner should apply for registration. The registry should document it in the real estate registry but not issue certificates of property rights. Article 15 The registration body shall, in accordance with article 41 of the Regulations, write-off of property registration, be based on the following documents: (i) Removal of houses from the place of the house (at the district) property management; (ii) Agreement between the Municipal Housing Resources Authority or the Territorial (Parliament) Real estate management and the rights owner to remove land-use rights from contracts, land-use lease contracts; (iii) Removal of land-use rights by the Municipal Housing Resources Authority or by sector (zone) real estate management, and the right to lease land is terminated by the end of the land-use period. Article 16 (Definitions of conflict when initial registration requests) In the area of land for initial registration of land rights, other land-use documents should be found to be in conflict with the documentation of the real estate registry. The land for the initial registration of home titles is covered by the following documents, and it should be determined that there is a conflict between the application for registration and the documentation of the real estate registry: (i) A single party with a housing construction project transfer is registered; (ii) A single party for the development of land-use transfer is registered. Article 17 The application for the transfer of registered property has the following documents, and it should be determined that there is a conflict between the application for registration and the documentation of the capital registry: (i) The registration of a notice by another person for the purchase of a commodity house or a notice by a single party for the transfer of property by another person, but the application for a transfer of the right to land is not applicable to this provision for the construction of a housing construction project; (ii) Registration of legal documents containing restrictive measures, such as the legal application of property preservation by the judiciary, the executive branch; (iii) The registration of documents that are disputed by the People's Court, the arbitral body, the executive branch. Article 18 The application for a change of registration due to the division of property or the circumstances under article 11, paragraph 2, shall be found to be a conflict between the application for registration and the documentation of the capital registry. Article 19 Applications for write-offs due to the abandonment of land-use rights and the ownership of the home should be found to be in conflict with the documentation of the real estate registry for registration purposes: (i) A registration of his right to property; (ii) Registration of objections; (iii) Registration of advance notices; (iv) Registration of legal documents containing restrictive measures, such as the legal application of property preservation by the judiciary, the executive branch; (v) The registration of documents that are disputed by the People's Court, the arbitral body, the executive branch. Article 20 (Definition of the circumstances in which the right to be registered) In addition to applying for the write-off of his rights, the property subject to the registration of his rights is registered in the legal documents of the judiciary, the executive body, which implements the restrictions on property conservation in accordance with the law and should be found to be in conflict with the documentation of the property registry. The application for the registration of property in respect of his rights, with the registration of documents in disputed by the People's Court, the arbitral body and the administrative body, should be found to be in conflict with the documentation of the registry. Article 21 The application for pre-registration of property has the following documents and should be found to be in conflict with the documentation of the real estate registry: (i) The registration of legal documents containing restrictive measures, such as the legal application of property preservation by the judiciary, the executive branch; (ii) The registration of documents that are disputed by the People's Court, the arbitral body, the executive branch. The application for the acquisition of property for pre-registration of commodity premises, which is registered in the record matter provided for in paragraph 1 of this article or in advance of the purchase of commodity premises by others, should be found to be in conflict with the documentation of the capital registry. The application for the write-off of the pre-registration of commodity premises, which is registered in the record matter provided for in paragraph 1 of this article or with the pre-emption collateral notice of the commodity property, should be determined to be in conflict with the documentation of the capital registry. The right to apply for housing construction pre-registration, with the record of the matter provided for in paragraph 1 of this article or a record of a licence for the sale of a licence, should be found to be in conflict with the documentation of the capital registry. Article 2 (Security registration fees) The owner of the real estate registry shall pay the royalties as specified. Access to the real estate registry and relevant information shall be made to the required information on the registration of the estate. The cost of registration of property, access to information on the registration of property, shall be vested in the required amount. The project for the registration of property and for access to information on the registration of property is funded by the Urban Premier Resource Authority, which is implemented by the municipal financial sector with approval by the municipal price management; the fee rate is proposed by the Urban Premier Resource Authority and is implemented by the municipal price management with approval by the municipal financial sector. Article 23. The application for registration of property, which had been accepted by 30 April 2003 but had not been completed, was processed in accordance with the Regulations in accordance with the application for registration of property in the Shanghai City, adopted at the twenty-third meeting of the Standing Committee of the Tenth People's Congress on 30 November 1995 (hereinafter referred to as the former Regulations) and the application for registration of property, which had been received effective 1 May 2003. The provisions of the Regulations apply to pre-registration registration as of 1 May 2003, in accordance with the Procedural Registration of the Proceeds of Goods, the Registration of Removable Goods, the Registration of Housing Construction Work Guarantees. Of these, the initial registration of home ownership has been undertaken and the two-year period under article 49, paragraph 4, of the Regulations has been calculated as from 1 May 2003. Article 24 This provision was implemented effective 1 May 2003. |
