Key Benefits:
(Application No. 110 of the People's Government Order No. 110 of 9 April 2002) Chapter I General Article I, in order to strengthen land management, regulate land registration and protect the legitimate rights of landowners, users and landowners (hereinafter referred to as land rights), develop this approach in line with the provisions of the People's Republic of China Land Management Act, the People's Republic of China Urban Property Management Act and other relevant laws, regulations and regulations. Article II applies to the registration of State land tenure rights in the territorial administration, collective land ownership, collective land use in non-agricultural land-building and land rights (hereinafter referred to as land rights). All unused, deserted, beached, beached and water (hereinafter referred to as “four”) land-use rights are registered in the administrative region of the province, in accordance with the provisions of this approach. The right to ownership, use and water and beaching are registered in accordance with the relevant provisions of the People's Republic of China Forest Act, the People's Republic of China Fisheries Act. Article 3. The land registrations described in this approach include initial land registration, changes in land registration, registration of land rights and cancellation of land registration. This approach refers to the rights of land arising from land tenure and land ownership, including mortgage rights, tenancy rights and other land rights registered as required by law, regulations and regulations. Article IV. The right to land registered by law is protected by law and no unit or individual may be violated. Article 5 Government of the population at the district level is the State Land Use Rights, Collective Land ownership, collective land use in non-agricultural land-building, as well as the registration of collective “four-black” land rights under the law, and specific matters of land registration certificates are handled by the territorial administration authorities of the Government of the more than the population (hereinafter referred to as land authorities). Article 6 (i) National land used by units and individuals in accordance with the law, which is registered by the Government of more than the people of the land area, where the State's land is used by law, is registered by the Government of the Provincial People; and the State Land used by the provincial entrepreneurship units in accordance with the law, which is registered by the provincial people's Government or the provincial people's government; (ii) All collective land, collective land for non-agricultural construction and collective “four” land tenure rights under the law, are registered by the Government of the people of more than the land area. Article 7. Land registration should be carried out by law and be impartial and open and socially monitored. Land registration information can be made public. Article 8. The land for registration is subject to local price assessments as required by the relevant provisions of the State and the province, and should be provided with an assessment of the territorial value of an intermediary with the quality of the land assessment. Chapter II Applications for land registration Article 9. Land registration shall be submitted by the land owner to the land authorities of the people with land registration jurisdiction. The owner of the land registration is determined by the following provisions and is otherwise provided by the law, regulations and regulations: (i) State ownership of land use, by unit or individual application using State land, except for municipal public facilities; (ii) Collective land ownership and application by collective landowners; (iii) Collective land non-agricultural land tenure rights, by unit or individual applications using collective land, which are applied by the original land rights owner as a cooperative venture; (iv) The right to collective “four” land use in accordance with the law shall be applied by the right to “four” land-use rights; (v) A joint venture financed by land-use rights in accordance with the law and is requested by a joint venture; (vi) The right of the land to be applied jointly by the relevant rights; (vii) The development of commodity buildings, which are requested by the developmenters; (viii) The purchase of homes, which is sought by the purchaser, which sells the commodities for the first time, can be sought by the developmentr of the requisitioner. Article 10. Applications for land registration may be entrusted to others. The author's application for the registration of the land should also be submitted to the commissioner and the representative's eligibility certificate. An external applicant shall be entrusted to another person, who shall be accredited by a State. Article 11 requires that land registration be carried out by a unit of name. Landowners with or using more than two lands should be registered separately. More than two land rights holders jointly use one land and are registered by rights. This approach refers to closed land blocks surrounded by land rights boundaries. Article 12 Applications for land registration shall be submitted to the following documents: (i) Applications for land registration; (ii) The applicant's identity certificate that the personal identity of the individual is a personal identity card or a household certificate of his or her legal representative; (iii) The origin of the right to land (with buildings, other consignments, and corresponding rights certificates should also be submitted); (iv) Other relevant documentation provided by law, legislation. The right to land use through the transfer or administrative allocation of land is also to be submitted to the financial sector for the payment of the payment of the income. The written report on the evolution of the right to land shall also be submitted to the written report of the source and rights of the land, as well as to the certificate of satisfaction of legal responsibility. Article 13 states ownership of land use, collective land ownership and collective land shall be used by law for the use of non-agricultural land without registration by the Government of the people at the district level, and land rights shall apply for initial land registration to competent land authorities within 30 days of the date of the registration of their registration by land authorities or within 30 days of the date of the determination of the facts. Article 14. (i) Changes in the ownership of land due to the transfer, transfer, provision of funds (entry units), adjustment, exchange of land and land confiscation; (ii) Changes in land rights due to unit consolidation and separation; (iii) Changes in land rights due to the restructuring or rejuvenation of enterprises; (iv) Changes in land rights due to the sale, transfer, division of buildings and accompanying material; (v) Changes in land rights due to inheritance, grant and etc.; (vi) Changes in land rights due to the disposition of mortgage properties; (vii) Transfer and change of land rights due to the judgement of the People's Court; (viii) Transfer and change of land rights arising from arbitral bodies' decisions; (ix) Changes in land use or use status; (x) Other reasons give rise to changes in land rights. The preceding paragraph relates to the registration of a change in the right to housing under the law and shall apply for a change in land registration to land authorities within 15 days of the registration of a change in the right to housing. Changes in land titles and gates should be applied to land authorities within 30 days of the change. Article 15. The rent shall be allocated to the State's land use rights, and the parties shall apply to land authorities for registration of their rights within 30 days of the date of the lease contract and the land-use lease contract, as well as the payment of the income earned by the financial sector. The renting of State-owned land-use houses is transferred to the same land authorities by the housing sector for the registration of housing rental claims. Article 16 states that the right to land can be mortgaged by law or that, together with the right to land, the parties shall apply to land authorities for registration of their rights within 30 days of the signing of the mortgage contract, the mortgage or the territorial valuation report, land-use documents, etc. The same land creates a number of mortgage rights and should be registered in the order of application and admissibility. Article 17 units and individuals need temporary land for more than six months and shall apply, on an ad hoc basis, to land authorities for registration of their rights, within 15 days of the date of ratification. In one of the following cases, the land rights owner shall, within 30 days of the date of the termination of the land rights, apply to land authorities for the write-off and return to the land rights certificate: (i) The time period for the use of contracts with compensation, such as the right to land use, expires without the application for the duration of the extension or for the extension period not approved; (ii) Removal of State land or collective land use rights by law; (iii) All collective land has been converted to urban residents by all members of the rural collective economic organization, in accordance with the law; (iv) The termination of land rights due to force majeure, such as natural disasters; (v) The right of the land to terminate; (vi) The transfer of State-owned land-use units has been withdrawn, moved or insolvency, disbanded; (vii) Other circumstances where land rights are terminated. Article 19 The land registration applicant may apply for a period of 10 days after the removal of the barrier, owing to force majeure or other obstacles. Chapter III Inspection and clearance of land registered Article 20 states that land authorities shall be given back after receipt of submissions from the land registry applicant and, within five working days, decide on admissibility. Article 21, the relevant documentation submitted by land authorities to the land registry applicant shall be reviewed in accordance with the conditions set out. One of the following cases is inadmissible and in writing to the applicant within three working days of the date of the decision: (i) The land for registration is not within the scope of registration; (ii) The land for registration is not limited to the scope of the jurisdiction of registration in the present administrative area or beyond registration; (iii) The applicant for land registration has no legal identity; (iv) The information on the documents is incomplete or incompatible with the provisions; (v) Non-registration in accordance with legal, legislative and regulatory provisions. Article 22 provides for a land registration application co-sponsored by more than two parties, for which one party applies for a registration of the land, for which the land authorities may accept the party's application and inform the parties of the deadline for the registration of the land. His party's failure to apply for registration of land has been delayed and may, by law, approve the party's land registration application and inform other parties. Article 23, after the land authorities receive the land registration application, conducts a comprehensive review of the submissions submitted by the applicant and conducts the localization survey, the right to be reviewed in accordance with the relevant provisions of the State and the province. Article 24 Reviews of initial land registrations of land claims by land authorities shall be issued within the corresponding limits of the local newspapers, television or the location of the initial registered land area for a notice of 30 days. During the period of notice, any objection to the content of the notice may be made to the land authorities and to submit the relevant evidence; the land authorities shall conduct a review within 30 days of the date of receipt of the objection and inform the applicant and the land registration applicant in writing of the review. Chapter IV Land registration and issuance Article 25 Land authorities have, from the date of receipt of land registration requests, the time period for the processing of land registrations: (i) Initial registration of 60 days; (ii) Changes in registration 30 days; (iii) The registration of 15 days of his right to lease, mortgage etc.; (iv) Write-off of 10 days. The time taken to deal with the objection is not calculated for the period specified in the previous paragraph. Article 26 provides for the acquisition of land registration, which is investigated and confirmed by the right to land is lawful, clear and precise, in accordance with the conditions of land registration, and is granted by the Government of the people at the district level to the land rights owner, respectively, the National Land Use Certificate, the Collective Land All Evidence, the Collective Land Use Certificate, the Land Use Certificate, and the Land Rights Certificate is issued by land authorities to him. Article 27 provides for the acquisition of land registration, subject to investigation and clearance, which is not in accordance with the conditions of land registration, and the land authorities shall make non-registration decisions and inform the land registration applicant in writing. In one of the following cases, land authorities should make a decision to suspend land registration and inform the applicant in writing: (i) The land rights dispute has not been resolved; (ii) Land violations have not been dealt with or are being processed; (iii) Restrictions on the rights of land due to the legal limitation of land rights or the seizure of buildings in accordance with the law; (iv) The demolition, natural collapse and other causes resulting in no reuse of land after the loss of land; (v) Laws, regulations stipulate other conditions for suspension of registration. After the elimination of the registration situation, the land authorities should approve registration. Article 29 is one of the following cases, and is determined by the land authorities by the authorities of the more than the people of the district to decide to withdraw all or parts of the land registration. (i) The parties do not have legal rights with respect to registered lands; (ii) The parties conceal the true situation when applying for the registration of the land or obtain registration by falsification of relevant documents, documents, etc.; (iii) Land registration is wrong or inappropriate. The withdrawal of land registration shall be communicated by the land authorities in writing within 15 days of the decision. In one of the following cases, land authorities may write directly to land registration: (i) No request for the write-off of land is made under article 18 of this scheme; (ii) Forfeiture of land-use rights by law; (iii) The Government of the people, the People's Court of Justice, which has legal effect, mediation, decision, decision, judgement, judgement, judgement, and the right to land is registered without the write-off of land following a mandatory transfer by law; (iv) The arbitration body ruled that land rights were not registered after the transfer of legal effects; (v) Other laws should directly write off land registration. In accordance with the preceding paragraph, the land authorities shall notify the parties in writing within 10 days of their return to the land rights certificate. The parties did not return to the land rights certificate within the time limit, and the land authorities informed the parties of the land rights certificate to be invalidated and made public. Article 31 of the land rights certificate is detrimental to the use of the land authority, which can be recovered after the identification of the land authorities and file the original land rights certificate. Article 32 remains lost, lost, and land rights holders should be given a written report to the land authorities and be published in local newspapers; no objection was made within 30 days of the release of the land rights certificate. The application for the issuance of land rights certificates shall be submitted to the following documents: (i) Written statements of loss, cause of loss and assurances of satisfaction with legal responsibility; (ii) The publication of a newspaper of lost and lost land rights certificates. Removal certificates of land rights should be added to the word “addressed”. Chapter V Article 33 does not register land changes in accordance with article 14, paragraphs 1, 2 and 2, of this scheme, and is subject to the responsibility of the land authorities to fill registration procedures. Article 34 provides for the acquisition of land rights certificates by means of deception, or for the rehabilitation of land rights certificates, which are not validated by land authorities. Individuals are liable to fines of up to $50 million; the unit and the fine of over 1000. Article 33 fractures and omissions of land registration staff due to the fault of land registration staff, and land authorities should be corrected or filled in a timely manner, causing loss to land rights defenders and compensated by law. Article XVI governs administrative actions by land authorities toys negligence, abuse of authority, provocative fraud, which constitutes a crime and hold criminal responsibility under the law. Annex VI Article 37 states that have not yet been identified for the use of rights, are registered by the Government of more than the population at the district level and do not have a land-use certificate. Article 338 provides that a land registration fee shall be paid by the State and that the land registry applicant pays the land registration fee in accordance with the standards established by the State and the province. Article 39 of this approach is implemented effective 1 June 2002. Prior to the operation of this approach, the certificates of land rights issued under the law by the Government of the people at the district level continue to be effective. |
