(On March 27, 2002 Jiangxi Province Government 79th times Executive Conference considered through on April 9, 2002 Jiangxi Province Government makes 110th, announced) first chapter General first article for strengthening land management, specification land registration behavior, protection land owner, and using who and land he items right people (following collectively land right people) of lawful rights and interests of, according to People's Republic of China land management method, and People's Republic of China City real estate management method and other about legal, and regulations of provides,
Combined with the facts of the province, these measures are formulated.
Second article this regulation is applicable in the province within the administrative area of State-owned land and collective land ownership, collective land for non-agricultural construction land tenure and land rights (hereinafter referred to as land rights) to register.
Obtaining collectives according to law within the administrative area of the province does not use barren hills, wasteland, wasteland, shortage of water (hereinafter "four wastes") land shall be registered in accordance with these regulations.
Forest land ownership, tenure and water surfaces and tidal flats of the breeding rights, respectively, in accordance with the People's Republic of China forest and the People's Republic of China registration of relevant provisions of the Fisheries Act.
Article III land registration in these measures include: initial registration of land, land registration, land rights and cancellation of land registration.
Land rights in these measures refers to land arising from land use and land ownership rights, including mortgages, leases and laws and regulations need to be registered to other land rights.
Article fourth legal registration of land rights are protected by law and no unit or individuals may infringe upon it.
The fifth State-owned land-use rights, the people's Governments above the county level shall be the collective land ownership, land for non-agricultural construction land use right according to law and shall obtain the collective of "four wastes" land registration and certification authorities, certification of land registration land administrative departments of the people's Governments above the county level for specific services (hereinafter referred to as departments in charge of land). Sixth article land registration sent card of jurisdiction permission by following provides implementation: (a) units and personal law using of State-owned land, by land location of County above government registration sent card, which provincial government law using of State-owned land, by Province Government registration sent card; provincial enterprises law using of State-owned land, by Province Government or province Government delegate of city, and County Government registration sent card; (ii) collective of land, and collective land law for non-agricultural construction of and law made collective "
Four wastes "of land, by the people's Governments above the county level, where the land registration certificate.
Seventh land registration should be carried out and be fair, open, subject to public supervision.
Land registry data queries can be made public.
The eighth land of an application for registration in accordance with national and provincial regulations requiring land price assessment, should be provided with land evaluation evaluation report of qualified intermediaries.
Chapter II application for land registration, land registration Nineth shall be registered by the land rights to the land jurisdiction apply to the Government departments in charge of land.
Land registration applicants by following provides determine, legal, and regulations another has provides of, from its provides: (a) State-owned land right, by using state-owned land of units or personal application, but for municipal public facilities of except; (ii) collective land ownership, by collective land owner application; (three) collective land non-agricultural construction with to right, by using collective land of units or personal application, which to collective land right as cooperation conditions set up cooperation enterprise of, by original land right people application;
(Four) law made collective "four shortage" land right of, by made "four shortage" land right of right people application; (five) law to land right pricing funded set up joint venture enterprise of, by joint venture enterprise application; (six) land he items right, by related right people common application; (seven) development housing of, by developers application; (eight) purchase housing of, by purchase people application, which first sold housing of, can by developers unified generation purchase people application.
Article tenth of the land register, and may authorize others to deal with. Entrusts an agent to apply for registration of land, should also submit a power of Attorney and agent qualification identification.
Overseas applicants authorize others to deal with, the power of attorney shall be in accordance with State provisions for notarization, certification.
11th land registration applications for units. The land rights of ownership or use of land over two people, should apply for registration.
Land rights in two or more people share a land, by the right of people to apply for registration.
Cases mentioned in these measures refers to the blind area of land surrounded by the property boundary.
12th article application land registration, should submitted following file information: (a) land registration applications; (ii) applicants identity proved, which is units of for statutory representative people proved and statutory representative people of personal identity proved, is personal of for personal identity card or household proved; (three) land ownership source proved (has buildings, and other attached real of, also should submitted corresponding of ownership proved); (four) legal, and regulations provides of other about file information.
By transfer or administrative transfer transfer of land use right of the land, shall also submit the income from compensated use of land issued by the financial sector pay vouchers.
Where the original documents are incomplete or insufficient evidence of land ownership, land tenure shall also submit the source and written report on the evolution of ownership and liability of recognizance bond.
13th where State-owned land-use rights, collective land ownership and collective land for non-agricultural construction land use right according to law without a certificate of registration and the people's Governments above the county level, land right holder should be lands departments informed of the date of registration in the 30th, or date of the ownership of land to establish the facts in the 30th, the jurisdiction of the competent authority for the initial land registration. 14th article has registration of land right, met has following case one of of, land right people should in land registration content change of day up 30th within, to land competent sector application change land registration: (a) for allocated, and transfer, and pricing funded (shares), and adjustment, and exchange land and the land was expropriation caused land ownership change of; (ii) for units merged, and Division, reasons caused land ownership change of; (three) for enterprise restructuring or restructuring caused land ownership change of; (four) for sale, and transfer, and
Segmentation ground buildings, and attached real, caused land ownership change of; (five) for inherited, and gift, caused land ownership change of; (six) for disposition mortgage real estate caused land ownership change of; (seven) for court judgment caused land right transfer, and change of; (eight) for arbitration institutions ruling caused land right transfer, and change of; (nine) change land uses or using status of; (ten) other reasons caused land ownership change of.
Involved in the preceding paragraph shall go through the ownership of housing registration, should handle the housing changes in ownership in the 15th after registration, apply to the Lands Department land-register.
Land rights of man changed its name or the name and number is changed, shall, on the date of the change in the 30th, apply to the Lands Department land-register.
15th rental transfers of State-owned land use right, parties should be on the lease contract within 30th of land use permits and land-leasing contract, paid use of land issued by the financial sector, such as proof of income, common application to the Lands Department land right registration.
Rental houses on the allocation of State-owned land use right of the land, rented by the Housing Department registration CC at the land authority.
Article 16th can mortgage the land or home mortgage along with the land, the Parties shall in the mortgage contract is signed within 30th of mortgage contracts, mortgage land or land valuation report, land use permits, common application to the Lands Department land right registration.
Same land set a number of mortgages, each Party shall apply for land that he rights and acceptance of order registration.
17th unit and individual needs of temporary sites for more than 6 months shall be from the date of provisional application was approved in the 15th, holding temporary approval documents to the competent authority for the registration of land rights.
18th article has following case one of of, land right people should since land right terminated facts occurred of day up 30th within, holding about proved material to land competent sector application land cancellation registration, and make back land right certificate: (a) land right transfer, paid using contract agreed of term expires, not application continued period or application continued period not was approved of; (ii) law recovered state-owned land or collective land right of;
(C) land was owned collectively by all requisitioned or all members of the rural collective economic organization into urban residents; (d) the land is due to force majeure such as natural disasters, the right to terminate, and (v) land that he rights to terminate, and (vi) transfers of State-owned land use right of the land units had been withdrawn, migration, dissolution or insolvency; (VII) land rights terminated in other circumstances.
Article 19th applicant due to force majeure or other causes not within the period specified in the application for registration of land, in the 10th after the obstacle is removed, you can apply for extended registration period.
Chapter III registration of land receive and review 20th land authorities upon the receipt of land registration documents submitted by the applicant, and shall give a receipt, and within 5 working days to decide whether to accept. 21st land Department on land registration information after reviewing the relevant documentation submitted by the applicant in accordance with the conditions prescribed, shall be admissible.
Has following case one of of, not accepted, and in made decided of day up 3 a days within written notification applicants: (a) application registration of land is not registration range within of; (ii) application registration of land is not this administrative within or not is registration jurisdiction permission of; (three) land registration applicants no legal identity proved of; (four) about file information not complete or not meet provides of; (five) according to legal, and regulations provides cannot registration of. 22nd article this regulation jointly by two or more parties applications for land registration, apply for registration of land, he does not apply for land departments may accept the application of a party, and notification by the other party in the deadline to apply for land registration.
Overstayed his party had not applied for registration of land, legally approved party land registration applications, and to inform the other party.
Article 23rd after the Department accepts applications for land registration, on the comprehensive review of the documents submitted by the applicant and in accordance with national and provincial cadastral survey audit, and ownership of the relevant provisions.
24th land Department on land rights who applied for the initial registration of land audit results should be in local newspapers, TV, or apply for registration within the location of the corresponding initial announce announcement deadline is 30th.
During the term of notice, who disagrees with the announcement, you can apply to the Lands Department objected, and submit the relevant evidence, land Department shall from the date of receipt of the objection within the 30th review, and will review a written notice of objection to the applicant and the applicant.
The fourth chapter registration and certification of the 25th land authorities from the date of accepting an application for land registration, land registration deadlines are as follows: (a) initial registration 60 days, (ii) registration 30th; (c) the lease, mortgage, encumbrance registered 15th; (d) the cancellation of registration of 10th.
Handling objections within the period of time set out in the preceding paragraph is not calculated.
26th article on accepted of land registration application, by survey and audit confirmed land ownership legal, and boundary clear, and area accurate, meet land registration conditions of, by County above Government to land right people respectively issued State-owned land using card, and collective land all card, and collective land using card; land he items right certificate by land competent sector to land he items right people issued.
27th to the admissibility of applications for land registration, investigations and audits do not meet the conditions for registration of land, land registration should be made to the competent authority a decision, and notify the applicant. 28th article has following case one of of, land competent sector should made suspended land registration of decided, and written notification applicants: (a) land ownership dispute yet solution of; (ii) land violations yet processing or is processing of; (three) for law limit land right or law seized ground buildings, and attached real and limit land right of; (four) demolition, and natural collapsed and other reasons caused ground buildings and other attached real out lost Hou not again using land of; (five) legal, and
Rules for conditional registration in other circumstances.
Provisions of the preceding paragraph after the suspension of registration or eliminate, departments in charge of land shall be approved and registered.
29th article has following case one of of, by County above Government decided revoked all or part land registration of matters, which involved land he items right of, by land competent sector decided: (a) party on registration of land not has legal right of; (ii) party in application land registration Shi hide real situation, or to forged of about documents, and file information, cheat registration of; (three) land registration matters errors or improper of.
Withdrawal of land registration shall, on the date of the decision in the 15th by the land authorities notify the parties in writing.
30th article has following case one of of, land competent sector can directly cancellation land registration: (a) not by this approach 18th article provides application cancellation land registration of; (ii) law confiscated land right of; (three) Government, and Court has legal effectiveness of mediation, and ruled, and ruling, and judgment, land ownership law with of occurred mandatory transfer Hou not handle cancellation land registration of; (four) arbitration institutions ruling land ownership transfer occurred legal effectiveness Hou not handle cancellation land registration of;
(E) other law shall direct cancellation of registration of land. Direct cancellation of land registration according to the provisions of the preceding paragraph, the land Department shall notify the parties in writing in the 10th, returned to the land rights certificates of limited duration.
Party land rights certificate is not returned within the time limit, by the land authorities notify the land rights certificates revoked and shall be published.
31st damages affect the use of the certificate of land rights, land authority inspection can be renewed, and indigenous land rights certificate file.
32nd loss, loss of land rights certificates, land rights should be reported in writing to departments of land, and placed ads in local newspapers; announcement published no objection within the 30th, you can apply for the issuance of land-use rights certificates.
Apply for the issuance of land-use rights certificate shall submit the following documents: (a) loss, cause of loss written recognizance bond and legal responsibilities, (ii) publishing a loss, loss of land rights certificate notice of newspapers.
Reissue certificate of land rights should be raised "issued retrospectively".
Chapter fifth penalty 33rd article, these measures are not in accordance with the 14th article of land registration first to second paragraph, by the land authorities shall order the parties to go through registration procedures within. Article 34th deception to obtain land-use rights certificates, or the unauthorized alteration of land-use rights certificates, and the land rights certificate was invalid, by the Department of lands to be seized.
Is an individual, and fines of between 50 Yuan and 200 Yuan; units, and concurrently impose a fine of less than 200 Yuan more than 1000 Yuan.
35th due to fault of land registration land registration staff mistake, leak, the land Department shall promptly correct or supplement, to cause loss of land rights and compensation according to law.
Article 36th dereliction of duty, abuse of power, favoritism by the land authorities, administrative sanctions according to law constitutes a crime, criminal responsibility shall be investigated according to law.
The sixth chapter supplementary articles article 37th use right of State-owned land has not been determined, the people's Governments above the county level shall register and not issuing land use right certificate.
38th by the State should pay the registration fee, land registration applicants in accordance with the criteria set out in the national and provincial land registration fees paid. 39th these measures come into force on June 1, 2002.
Before the implementation of these measures, issued by the people's Governments above the county level in accordance with the land-use rights certificates remain valid.