No.40
The Measures for Land Registration, which was deliberated and adopted at the 5th ministerial meeting of the Ministry of Land and Resources on October 28th, 2007, is hereby promulgated and shall come into force as of February 28th, 2008.
Minister Xu
Press release issued on 30 December 2007
Measures for land registration
Chapter I General Principles
Article 1 In order to standardize land registration and protect the legitimate rights and interests of land owners, these Measures are formulated in accordance with the Property Law of People's Republic of China (PRC), the Land and Land Administration Law of People's Republic of China (PRC), the Urban Real Estate Administration Law of People's Republic of China (PRC) and the Implementation Regulations of the Land and Land Administration Law of People's Republic of China (PRC).
Article 2 The term "land registration" as mentioned in these Measures refers to the act of recording and publicizing land rights such as state-owned land use right, collective land ownership, collective land use right, land mortgage and easement that need to be registered according to law in the land register.
The state-owned land use right mentioned in the preceding paragraph includes the state-owned construction land use right and the state-owned agricultural land use right; Collective land use right, including collective construction land use right, homestead use right and collective agricultural land use right (excluding land contractual management right).
Article 3 Land registration shall follow the principle of territorial registration.
The applicant shall, in accordance with these measures, apply to the administrative department of land and resources of the people's government at or above the county level where the land is located, report it to the people's government at or above the county level for registration, and issue a certificate of land rights. However, land mortgage and easement shall be registered by the administrative department of land and resources of the people's government at or above the county level, and a certificate of other rights of land shall be issued.
Land used across county-level administrative regions shall be reported to the people's governments at or above the county level for land registration.
The land used by central state organs in Beijing shall be implemented in accordance with the provisions of the Measures for the Registration of Land Used by Central State Organs in Beijing.
Article 4 The state practices the system of land registration personnel holding certificates. The staff engaged in the examination and registration of land ownership shall obtain the land registration certificate issued by the administrative department of land and resources of the State Council.
Chapter II General Provisions
Article 5 Land shall be registered on a parcel basis.
A plot refers to a plot or space with a closed land ownership boundary.
Article 6 Land registration shall be conducted in accordance with the application, except as otherwise provided by laws, regulations and these Measures.
Seventh land registration by both parties, but in any of the following circumstances, you can apply unilaterally:
(1) General land registration;
(two) the initial registration of state-owned land use rights, collective land ownership and collective land use rights;
(3) Registration of land rights acquired by inheritance or bequest;
(four) the registration of land rights has been obtained because of the legally effective decision of the people's government on the settlement of land ownership disputes;
(five) the registration of land rights has been obtained because of the legally effective legal documents of the people's courts and arbitration institutions;
(6) Registration of corrections or objections;
(7) Registration of change of name, address or use;
(eight) replacement or renewal of land rights certificate;
(nine) other circumstances that can be unilaterally applied by the parties in accordance with the regulations.
Article 8 Two or more land users who use the same land may apply for land registration separately.
Article 9 An applicant applying for land registration shall submit the following materials according to different registration items:
(1) An application for land registration;
(2) the applicant's identification materials;
(three) proof of the source of land ownership;
(four) cadastral questionnaire, parcel map and parcel boundary coordinates;
(five) the ownership certificate of the attached objects on the ground;
(6) Certificates of tax payment or tax reduction or exemption as prescribed by laws and regulations;
(seven) other certification materials as stipulated in these measures.
The cadastral questionnaire, parcel map and parcel boundary coordinates specified in Item (4) of the preceding paragraph may be obtained by entrusting qualified professional and technical units to conduct cadastral survey.
When applying for land registration, the applicant shall truthfully submit relevant materials to the administrative department of land and resources and reflect the real situation, and be responsible for the authenticity of the substantive contents of the application materials.
Tenth minors' land rights shall be registered by their guardians. To apply for land registration of minors, in addition to the materials specified in Article 9 of these Measures, the identity certification materials of guardians shall also be submitted.
Eleventh entrusted agent to apply for land registration, in addition to the materials specified in Article 9 of these measures, it shall also submit the power of attorney and the identity certificate of the agent.
To apply for land registration on behalf of overseas applicants, the power of attorney and the identity certificate of the principal shall be notarized or authenticated according to law.
Twelfth of the parties to apply for land registration, the administrative department of land and resources shall be dealt with according to the following circumstances:
(1) If the land applied for registration is not in the registration area, it shall make a decision of rejection on the spot and inform the applicant to apply to the administrative department of land and resources;
(2) If there are errors in the application materials that can be corrected on the spot, the applicant shall be allowed to correct them on the spot;
(3) If the application materials are incomplete or do not conform to the statutory form, the applicant shall be informed of all the contents that need to be corrected on the spot or within five days;
(4) If the application materials are complete and conform to the statutory form, or the applicant submits all the corrected application materials as required, the application for land registration shall be accepted.
Thirteenth administrative departments of land and resources, after accepting the application for land registration, may, when necessary, ask the applicant about the relevant registration matters, or conduct on-site inspection of the land for registration.
Fourteenth administrative departments of land and resources shall examine the accepted land registration applications and go through the registration formalities in accordance with the following provisions:
(a) according to the audit results of the application for land registration, fill in the land register with the parcel as the unit;
(two) according to the relevant contents of the land register, fill in the land ownership card with the right person as the unit;
(three) according to the relevant contents of the land register, fill in the certificate of land rights on a parcel basis. If * * * * has a piece of land, two or more land owners should fill in the land rights certificate respectively.
The administrative departments of land and resources shall report to the people's government at the same level for approval before handling the registration procedures of land ownership and land use rights.
Fifteenth land register is the basis for the ownership and content of land rights. The land register shall contain the following contents:
(a) the name and address of the land owner;
(two) the nature of land ownership, the type of right to use, the time of acquisition and the term of use, the rights and their changes;
(three) the location, boundary, area, parcel number, use and purchase price of the land;
(4) the situation of attachments on the ground.
The land register shall be stamped with the seal of the people's government.
If the land register uses electronic media, it should be backed up in different places every day.
Sixteenth land rights certificate is the proof that the landowner enjoys the land rights.
The items recorded in the certificate of land rights shall be consistent with the land register; If the records are inconsistent, unless there is evidence to prove that the land register is indeed wrong, the land register shall prevail.
Seventeenth land rights certificates include:
(1) State-owned land use certificate;
(2) collective land ownership certificate;
(3) collective land use certificate;
(4) Certificate of other rights to land.
The right to use state-owned construction land and the right to use state-owned agricultural land are stated in the state-owned land use certificate; Collective construction land use right, homestead use right and collective agricultural land use right are stated in the collective land use certificate; Land mortgage and easement can be stated in the certificate of other rights of land.
The certificate of land rights shall be uniformly supervised by the administrative department of land and resources of the State Council.
Eighteenth in any of the following circumstances, registration shall not be granted:
(a) the land ownership is controversial;
(two) land violations have not been dealt with or are being dealt with;
(3) Failing to pay the paid land use fees and other taxes and fees in full according to law;
(four) the application for registration of land rights exceeds the prescribed time limit;
(5) Other circumstances in which registration is not granted according to law.
In case of disapproval, the applicant shall be informed in writing of the reasons for disapproval.
Nineteenth administrative departments of land and resources shall, within 20 days from the date of accepting the application for land registration, complete the land registration examination procedures. Special circumstances need to be postponed, and may be extended for ten days with the approval of the person in charge of the administrative department of land and resources.
Twentieth documents formed by land registration shall be managed by the administrative department of land and resources.
The format of land registration application, land registration approval form, land registration card and land register shall be stipulated by the administrative department of land and resources of the State Council.
Chapter III General Land Registration
Article 21 The term "comprehensive land registration" as mentioned in these Measures refers to the comprehensive registration of all land within the jurisdiction or land within a specific area within a certain period of time.
Article 22 The general registration of land shall be announced. The main contents of the notice include:
Division of land registration areas;
(2) Time limit for land registration;
(3) Land registration acceptance place;
(four) the relevant documents and materials that should be submitted by the land registration applicant;
(5) Other matters that need to be notified.
Twenty-third parcels that meet the general registration conditions shall be announced by the administrative department of land and resources. The main contents of the announcement include:
(a) the name and address of the land owner;
(two) the location, area, use, nature of ownership, type of use right and term of use of the land approved for registration;
(three) the time limit, the way and the accepting institution of the objection raised by the land right holder and other interested parties;
(four) other matters that need to be announced.
Twenty-fourth notice expires, the parties to the general land registration audit results without objection or objection is not established, by the administrative department of land and resources after the approval of the people's government for registration.
Chapter IV Initial Registration
Twenty-fifth the term "initial registration" as mentioned in these Measures refers to the established registration of land rights in addition to the general registration of land.
Twenty-sixth in accordance with the law to obtain the right to use state-owned construction land, the parties shall apply for the initial registration of the allocation of state-owned construction land with the approval documents of the people's governments at or above the county level and the decision on the allocation of state-owned land.
If the newly started large and medium-sized construction projects use the allocated state-owned land, they shall also provide the completion acceptance report of the construction project.
Article 27 Where the right to use state-owned construction land is obtained by transfer according to law, the parties concerned shall apply for the initial registration of the right to use state-owned construction land with relevant supporting materials such as the contract for the transfer of state-owned construction land, the payment voucher for the land transfer price and so on after paying all the transfer price of state-owned land.
Article 28 If the allocated right to use state-owned construction land has been transferred to transfer the right to use state-owned construction land according to law, the parties concerned shall apply for the initial registration of the transfer of the right to use state-owned construction land with the original state-owned land use certificate, transfer contract, payment voucher of land transfer price and other relevant supporting materials.
Twenty-ninth in accordance with the law to obtain the right to use state-owned construction land by lease, the parties shall apply for the initial registration of the right to use state-owned construction land with the lease contract and land rent payment vouchers and other relevant certification materials.
Article 30 Where the right to use state-owned construction land is obtained by means of fixed-price investment or shareholding according to law, the parties concerned shall apply for the initial registration of fixed-price investment or shareholding of state-owned construction land with the original state-owned land use certificate, approval documents of land use right investment or shareholding and other relevant certification materials.
Thirty-first to obtain the right to use state-owned construction land by means of state-authorized operation, the parties shall apply for the initial registration of the right to use state-owned construction land with the original state-owned land use certificate, land asset disposal approval documents and other relevant supporting materials.
Thirty-second farmers' collective land owners shall apply for the initial registration of collective land ownership with the proof of collective land ownership.
Article 33 Where collective land is used for construction according to law, the parties concerned shall apply for the initial registration of the right to use collective construction land with the approval document of the people's government with the right of approval.
Thirty-fourth collective land owners to set up enterprises in the form of collective construction land use rights, joint venture, etc., the parties shall hold the approval documents and related contracts of the people's government with the right of approval, and apply for the initial registration of collective construction land use rights.
Article 35 Where collective land is used for agricultural production according to law, the parties concerned shall apply for the initial registration of the right to use collective agricultural land with the agricultural land use contract.
Article 36 If the land use right is mortgaged according to law, the mortgagee and the mortgagor shall apply for the registration of land use right mortgage with the certificate of land rights, the contract of principal creditor's rights and debts, the mortgage contract and relevant certification materials.
If the same parcel is mortgaged many times, the mortgage registration shall be handled in the order of mortgage registration application.
If the mortgage registration conditions are met, the administrative department of land and resources shall record the relevant matters stipulated in the mortgage contract in the land register and land rights certificate, and issue other rights certificates to the mortgagee. If the mortgage applied for registration is the maximum mortgage, the maximum creditor's rights secured and the maximum mortgage period shall be recorded.
Article 37 After the easement is set on the land, if the parties apply for the registration of the easement, the served land owner and the served land owner shall submit the land right certificate, the easement contract and other relevant supporting materials to the administrative department of land and resources.
If the easement registration conditions are met, the administrative departments of land and resources shall record the relevant matters stipulated in the easement contract in the easement and the land rights certificate, and keep the easement contract in the easement and the parcel file of the easement.
If the easement land and the easement land belong to different administrative departments of land and resources, the parties concerned may apply to the administrative department of land and resources responsible for the registration of easement land for easement registration. After the registration is completed, the administrative department of land and resources in charge of the easement land registration shall notify the administrative department of land and resources in charge of the easement land registration, which shall record it in the easement land register.
Chapter V Registration of Change
Thirty-eighth the term "change of registration" as mentioned in these Measures refers to the registration due to the change of land owner or the change of land owner's name, address and land use.
Article 39 Where the right to use state-owned construction land is transferred by means of transfer, lease of state-owned land, contribution at a fixed price or shares in accordance with the law, the parties concerned shall apply for the change registration of the right to use state-owned construction land with the original state-owned land use certificate and relevant supporting materials for the transfer of land rights.
Article 40 Where the sale, exchange or gift of buildings, structures and ancillary facilities on the ground according to law involves the transfer of the right to use construction land, the parties concerned shall apply for the registration of the change of the right to use construction land with the original land ownership certificate, the changed house ownership certificate and the relevant certification materials for the transfer of land use rights. Involving the transfer of the allocated land use right, the parties shall also provide the approval documents of the people's government with the right to approve.
Article 41 If the land use right is transferred due to the merger, division, merger or bankruptcy of legal persons or other organizations, the parties concerned shall apply for the registration of change of land use right with the relevant agreements, approval documents of relevant departments, original land rights certificates and other relevant certification materials.
Forty-second for the disposal of mortgaged property to obtain land use rights, the parties shall, after the disposal of mortgaged property, apply for registration of change of land use rights with relevant supporting documents.
Article 43 If the land use right is transferred according to law during the mortgage period, the parties concerned shall apply for the registration of change of the land use right with the written certificate of the mortgagee's consent to the transfer, the transfer contract and other relevant certification materials.
After the transfer of the mortgaged land use right, the parties concerned shall handle the registration of the change of land mortgage right with the certificate of land right and his certificate of rights.
Article 44 If the legally registered land mortgage is transferred due to the transfer of the principal creditor's rights, the transferor and transferee of the principal creditor's rights may apply for the registration of change of the land mortgage with the original certificate of other rights of the land, the transfer agreement and the certificate that the debtor has been notified.
Article 45 Where a party obtains the land use right due to the effective legal documents of a people's court or an arbitration institution or applies for registration due to inheritance or bequest, it shall apply for registration of change of land use right with the effective legal documents, death certificates, wills and other relevant supporting materials.
Where the obligee transfers the land use right or sets the land mortgage right before the registration, it shall apply for the registration of land rights in its name in accordance with these Measures, and then apply for the registration of change of land rights.
Article 46 If the parties apply for registration after the transfer of the land use right that sets the easement, the serviced land owner and the serviced land owner shall apply for the alteration registration of the easement with the changed easement contract, land ownership certificate and other relevant certification materials.
Article 47 Where the name or address of the land owner changes, the parties concerned shall apply for the registration of the change of name or address with the original land ownership certificate and other relevant certification materials.
Forty-eighth land use change, the parties should hold the relevant approval documents and the original land rights certificate, apply for registration of land use change.
If the change of land use requires the payment of land transfer price according to law, the parties concerned shall also submit the payment voucher for the paid land transfer price.
Chapter VI Cancellation of Registration
Forty-ninth the term "cancellation of registration" as mentioned in these Measures refers to the registration due to the extinction of land rights.
Fiftieth in any of the following circumstances, you can directly cancel the registration:
(1) State-owned land recovered according to law;
(2) Farmers' collective land expropriated according to law;
(three) due to the effective legal documents of the people's court and the arbitration institution, the original land rights have been extinguished, and the parties have not gone through the cancellation of registration.
Fifty-first due to natural disasters and other reasons caused by the elimination of land rights, the original land rights holder should hold the original land rights certificate and related certification materials, apply for cancellation of registration.
Article 52 If the term of non-residential state-owned construction land use right expires, and the holder of state-owned construction land use right fails to apply for renewal or the application for renewal is not approved, the parties concerned shall apply for cancellation of registration with the original land ownership certificate within 15 days before the term expires.
Article 53 If the registered land mortgage and easement are terminated, the parties concerned shall apply for cancellation of the registration of the land mortgage and easement with relevant supporting documents within 15 days from the date of termination of the land mortgage and easement.
Article 54 If a party fails to apply for cancellation of registration in accordance with the provisions of Articles 51, 52 and 53 of these Measures, the administrative department of land and resources shall order the party concerned to handle it within a time limit; If it is not handled within the time limit, a cancellation notice will be made, and the cancellation registration can be directly handled after the expiration of the notice.
Fifty-fifth land mortgage expires, the parties did not apply for cancellation of the mortgage registration of land use rights, in addition to the expiration of the mortgage period of land use rights, the administrative departments of land and resources shall not directly cancel the mortgage registration of land use rights.
Fifty-sixth after the cancellation of land registration, the land rights certificate shall be withdrawn; If it is really impossible to recover, it shall be indicated in the land register and abolished after the announcement.
Chapter VII Other Registration
Article 57 Other registrations mentioned in these Measures include correction registration, objection registration, advance notice registration and seizure registration.
Article 58 If the administrative department of land and resources finds that the items recorded in the land register are indeed wrong, it shall report to the people's government for approval before the registration is corrected, and notify the parties in writing to go through the formalities of replacing or canceling the original land ownership certificate within the prescribed time limit. If the parties fail to handle it within the time limit, the original land rights certificate will be invalid after the approval and announcement by the administrative department of land and resources to the people's government.
Where the change registration involves the ownership of land rights, the result of the change registration shall be announced.
Fifty-ninth land rights holders believe that the items recorded in the land register are wrong, they can apply for correction of registration with the original land rights certificate and relevant materials to prove the registration error. If an interested party thinks that the items recorded in the land register are wrong, he may apply for correction of registration with the written consent of the land owner.
Article 60 If the obligee recorded in the land register has any objection to the correction, the interested party may apply for objection registration.
To meet the conditions of objection registration, the administrative department of land and resources shall record the relevant matters in the land register, issue an objection registration certificate to the applicant, and notify the land right holder recorded in the land register in writing.
During the period of objection registration, without the consent of the right holder of objection registration, it is not allowed to register the change of land rights or set up land mortgage.
Article 61 Under any of the following circumstances, the applicant for objection registration or the land right holder recorded in the land register may apply for cancellation of objection registration with relevant materials:
(a) the applicant for objection registration has not filed a lawsuit within 15 days from the date of objection registration;
(two) the people's court refuses to accept the objection to the registration of the applicant;
(3) The people's court does not support the claim of the applicant for objection registration.
After the expiration of objection registration, if the original applicant applies for objection registration again on the same matter, the administrative department of land and resources will not accept it.
Article 62 After signing an agreement on the transfer of land rights, the parties may apply for advance notice registration with the transfer agreement as agreed.
To meet the conditions of advance notice registration, the administrative department of land and resources shall record the relevant matters in the land register and issue a certificate of advance notice registration to the applicant.
After the advance notice registration, the creditor's rights are extinguished or the parties fail to apply for land registration within three months from the date of land registration, and the advance notice registration is invalid.
During the period of advance notice registration, without the consent of the right holder of advance notice registration, the registration of change of land rights or the registration of land mortgage and easement shall not be handled.
Article 63 The administrative department of land and resources shall report to the people's government for approval according to the people's court's ruling on seizure and the notice of assistance in execution, and record the seizure or pre-seizure in the land register.
Article 64 When the administrative departments of land and resources assist the people's courts in enforcing the land use right, they shall not make substantive examination of the effective legal documents and the notice of assistance in enforcement. If the administrative department of land and resources thinks that there is an error in the ruling of the people's court on sealing up or pre-sealing up or other effective legal documents, it may put forward examination suggestions to the people's court, but it will not stop handling the matters of assisting in execution.
Article 65 If the land use right obtained by the person subjected to execution due to inheritance, judgment or compulsory execution has been sealed up and the registration of change has not been completed, the administrative department of land and resources shall, according to the inheritance certificate, effective judgment or enforcement ruling and notice of assistance in execution submitted by the people's court that executed the seal-up, handle the registration of change before handling the seal-up registration.
Article 66 If the land use right is registered in the name of the person subjected to execution before sealing up, the registration before sealing up will be automatically converted into sealing up registration.
Article 67 If two or more people's courts seal up the same land, the administrative department of land and resources shall first register the seal-up for the people's court that served the notice of assistance in execution, and then register the seal-up for the people's court that served the notice of assistance in execution, and inform in writing the fact that the land use right was sealed up by other people's courts and the relevant circumstances of the seal-up.
The order of waiting for seizure and registration shall be arranged according to the time when the people's court serves the notice of assistance in execution. If the seizure court cancels the seizure according to law, the first-line seizure will be automatically turned into seizure; If the seizure court handles all the seized land use rights, the seizure waiting list will automatically become invalid; If the seizure court handles part of the seized land use right, the rest will be automatically turned into seizure after waiting for seizure.
The waiting registration for pre-seizure shall be handled with reference to the provisions of the first and second paragraphs of this article.
Article 68 If the time limit for sealing up and pre-sealing up expires or the people's court cancels the sealing up, the registration of sealing up and pre-sealing up shall be invalid, and the administrative department of land and resources shall cancel the registration of sealing up and pre-sealing up.
Article 69 The land use right sealed up or pre-sealed up by the people's court according to law shall not be registered for alteration of land rights or registration of land mortgage or easement during the period of sealing up or pre-sealing up.
Chapter VIII Protection of Land Rights
Article 70 State-owned land use right, collective land ownership, collective land use right, land mortgage right and easement registered according to law are protected by law, and no unit or individual may infringe upon them.
Article 71 The administrative departments of land and resources of the people's governments at or above the county level shall strengthen the construction of the information system and database of land registration achievements, so as to realize the information sharing and remote inquiry of national and local land registration achievements.
Article 72 The state practices a public inquiry system for land registration information. Land owners and interested parties may apply for land registration information, and the administrative departments of land and resources shall provide it.
The public inquiry of land registration information shall be conducted in accordance with the provisions of the Measures for the Public Inquiry of Land Registration Information.
Chapter IX Legal Liability
Article 73 If a party forges a certificate of land rights, the administrative department of land and resources of the people's government at or above the county level shall confiscate the forged certificate of land rights according to law; If the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated according to law.
Article 74 Any staff member of the administrative department of land and resources who neglects his duty, abuses his power or engages in malpractices for personal gain in land registration shall be given administrative sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter X Supplementary Provisions
Article 75 Where the people's governments of provinces, autonomous regions and municipalities directly under the Central Government determine that the local people's governments at or above the county level are in charge of land and housing registration, the contents related to land registration in their real estate registration shall conform to the provisions of these Measures, and the contents and styles of their real estate ownership certificates shall be reported to the administrative department of land and resources of the State Council for approval.
Seventy-sixth land registration in accordance with these measures needs to be announced, it should be announced on the portal website of the people's government or the administrative department of land and resources.
Article 77 If the land ownership certificate is lost or destroyed, the land owner shall publish a statement of loss or loss in the designated media before applying for a replacement. The reissued certificate of land rights shall be marked with the words "reissue".
Article 78 These Measures shall come into force as of February 6, 2008.