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土地登记规则(修正)(一)

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土地登记规则(修正)
Land Registration Rules

[1995]国土[法]字第184号
颁布日期:19951228  实施日期:19960201  颁布单位:国家土地管理局

  PART ONE GENERAL PROVISIONS

  Article 1 In accordance with the provisions of the PRC, Land Administration Law and PRC, Administration of Urban Real Property Law, these Rules are formulated for the purpose of establishing a land registration system, safeguarding the socialist public ownership of land and protecting the lawful rights and interests of land rights holders.

  Article 2 Land registration refers to the registration by the State in accordance with law of State-owned land use rights, collective land ownership, collectively-owned land use rights and other rights of land.

  For the purpose of the Rules, “other rights of land” refers to land rights other than the land use rights and land ownership, including mortgage interests, leasehold interests and other land rights which are required to be registered by law and administrative statutes.

  Land registration is consisted of initial land registration and land change registration. The initial land registration, known also as general registration, refers to the general registration within a prescribed period of all land within each administrative jurisdiction or region. Land change registration refers to land registrations other than the initial land registration, including (a) the registration for the establishment of land use rights, land ownership and other rights of land; (b) the registration of changes to land use rights, land ownership and other rights of land; (c) the registration of the change of names, addresses and land use; and (d) the cancellation of land registration.

  Article 3 Users of the State-owned land, owners and users of the collectively-owned land, and holders of other rights of land must apply for land registration in accordance with the provisions of the Rules.

  An applicant may authorize and appoint an agent to apply for land registration on its behalf. The letter of authorization must state the matter authorized and the limit of the authority granted.

  All land use rights, land ownership rights and other rights of land which are registered in accordance with law are protected by the law. No units or individuals should infringe upon the aforementioned land rights.

  Article 4 Land registration will be organized and carried out on the basis of a county level administrative jurisdiction as a unit. The land administration departments of the People's Governments at or above the county level will be responsible for detailed implementation.

  Article 5 Land registration is based on a tract of land as a unit.

  A person who uses or owns two or more tracts of land must apply for registration of each individual tract of land separately.

  Where two or more persons jointly use one tract of land, each must apply for individual registration.

  Where a tract of land is located in more than one county level administrative jurisdiction, the land user must apply for registration of the land with the land administration departments of each People's Government at or above the county level where the land is located.

  Article 6 Land registration is carried out in accordance with the following procedures:

  1. applying for land registration;

  2. land register surveying;

  3. examining and approving land ownership;

  4. registration; and

  5. issuing or renewing a land certificate.

  Article 7 The State Land Administration Bureau is in charge of land registration nationwide.

  The land administration departments of each local People's Government at or above the county level is in charge of land registration within its own administrative jurisdiction.

  PART TWO INITIAL LAND REGISTRATION

  Article 8 Initial land registration begins with the issuance of public announcements by the local People's Governments at or above the county level. The main contents of the public announcement include the following:

  1. division of land registration districts;

  2. time limit for land registration;

  3. places for collection of land registration documents;

  4. relevant documents or certificates that a land registration applicant must submit; and

  5. other matters.

  Article 9 Registration of State-owned land use rights will be applied for by units and their legal representatives or individuals using the State-owned land.

  Registration of collective land ownership will be applied for by village committees or collective agricultural economic entities and their legal representatives.

  Registration of collectively-owned land use rights will be applied for by units and their legal representatives or individuals using the collectively-owned land.

  Where other rights of land are required to be registered, holders of those rights will apply for such registration.

  Article 10 In applying for registration of land use rights, land ownership and other rights of land, an applicant must submit to the land administration department the following documents:

  1. an application for land registration;

  2. certificates or documents in respect of a unit or the authority of its legal representative, personal identity certificates or household register documents;

  3. evidence of the origin of the land ownership; and

  4. certificates or evidence of the ownership of attachments on land.

  Where an agent applies for land registration, the agent must also submit the letter of authorization and documents evidencing its status as an agent.

  Article 11 To apply for land registration, an applicant must obtain an application form from the land administration department.

  The application form for land registration must contain the following basic items and must be signed and sealed by the applicant:

  1. the name and address of the applicant;

  2. the location, area, use, grade and price of the land;

  3. evidence of the origin of the land ownership, land use rights and other rights of land; and

  4. other items.

  Article 12 Upon receiving an application form and documents evidencing the origin of the land ownership submitted by an applicant, the land administration department must record the descriptions, pages and number of documents in a record book, and issue a receipt to the applicant.

  Article 13 The land administration department is responsible for carrying out land register surveys within its jurisdiction. The provisions governing land register surveys will be formulated by the State Land Administration Bureau.

  Article 14 The land administration department must, in accordance with the land register surveys and the results of land grading and evaluation, conduct a full examination of the ownership, area, use, grade and price of each tract of land, and fill in land registration examination and approval form accordingly.

  The land registration examination and approval form is filled in on the basis of a tract of land as a unit. Where more than two persons jointly use a tract of land, a separate land registration examination and approval form must be filled in for each of them.

  Article 15 Where the land administration department, after examination, determines that an application meets the registration requirements, it will make public announcements, the main contents of which include the following:

  1. the name and address of the land user, land owner and holders of other rights of land;

  2. the nature of the land ownership, the area and location of the land which is approved to be registered;

  3. the time limit within which, the forms in which and to which department the land user, land owner, holders of other rights of land and parties having interests in land can raise an objection; and

  4. other matters.

  Article 16 An applicant and other parties having interests in land may, by paying a re-examination fee, apply for a re-examination by the land administration department within the time limit set out in the announcement. Where no errors or omission are found upon re-examination, the re-examination fee will not be refunded. Where errors or omissions are found upon re-examination, the re-examination fee will be borne by the party who has caused the errors or omission.

  Article 17 If the ownership right over a tract of land is in dispute, the land can only be registered after the dispute has been resolved pursuant to Article 13 of the PRC, Land Administration Law.

  Article 18 Where the land users, land owners, other land rights holders and parties having interests in land have not raised any objection within the time limit set out in the announcement, with the approval of the People's Government, registration will be carried out in accordance with the following procedures:

  1. Based on the conclusions drawn from the investigation and examination of the land registration application, a land registration card will be filled in item by item based on one tract of land as a unit. The land registration card must also be signed in appropriate spaces by a registration personnel and a supervisor approving the application;

  2. A land rights holder registration card will be filled in based on relevant particulars contained in the land registration card and must be signed by a registration personnel handling the matter. The land rights holder registration card will be completed on the basis of each land rights holder as a unit. Only one land rights holder registration card is made for persons who hold rights in two or more tracts of land within one county level administrative jurisdiction; and

  3. A land certificate will be filled in based on relevant particulars contained in the land registration card. The land certificate will be completed on the basis of one tract of land as a unit. Where two or more persons jointly use one tract of land, a land certificate must be made for each of them.

  Article 19 The local People's Governments at or above the county level will issue State-owned land use certificates, collective land ownership certificates and collectively-owned land use certificates to appropriate parties who use the State-owned land and who own or use collectives owned land.

  The land administration department of a local People's Government at or above the county level will issue other land rights certificates to other land rights holders.

  Article 20 For lands over which land use rights or land ownership rights have not been established, the land administration department will register and make a registry without issuing any land certificates.

  Article 21 With the exception of the provisions relating to notices and public announcements, this Part applies to land change registration.

  PART THREE REGISTRATION FOR THE ESTABLISHMENT OF LAND USE RIGHTS, LAND OWNERSHIP AND OTHER RIGHTS OF LAND

  Article 22 Applications for the registration of the establishment of land use rights, land ownership and other rights of land must be made at land administration departments in accordance with the provisions of this Part.

  Article 23 State-owned land use rights which were obtained by way of allocation will be registered in accordance with the following procedures:

  1. Where the allocated State-owned land is used for new medium-scale or large-scale construction projects, the construction units must, within 30 days after receiving the construction land use permit issued by the People's Government at or above the county level, apply for the pre-registration of the land by submitting the construction land use permit. When the construction projects are completed, inspected and accepted, the construction units must, within 30 days after the completion, inspection and acceptance, apply for registration of the establishment of State-owned land use rights by submitting a report in respect of the completion, inspection and acceptance and other relevant documents; and

  2. Where the allocated State-owned land is used for other purposes, the land use units or individuals must, within 30 days after receiving approval documents for the land use issued by the People's Government at or above the county level, apply for the registration of the establishment of State-owned land use rights by submitting approval documents for the land use.

  Where the allocated land comes from newly expropriated peasants' collectively-owned land, the units whose land has been expropriated must, in accordance with the provisions of the Rules, apply for cancellation or change registration of the collective land ownership.

  Article 24 Where a person continues to use a tract of land which has been converted from collective ownership to State ownership, that person must, within 30 days of the ownership change, apply for registration of the establishment of State-owned land use rights by submitting the original collectively-owned land use certificate and other relevant documents.

  Article 25 The owners of collectively-owned land who use such land for construction or production must, within 30 days of receiving the approval documents for the land use issued by the local People's Government with authority to grant the approval or executing the contract for the use of agricultural land, apply for registration of the establishment of collectively-owned land use rights by submitting the approval documents for land use or the contract for use of agricultural land.

  Article 26 Where State-owned land use rights are obtained by way of granting, the grantee must, within 30 days after paying in full the grant fees for the land use rights set out in the grant contract, apply for registration of the establishment of State-owned land use rights by submitting the land use rights grant contract and evidence of the payment of the grant fees.

  Where a whole tract of development land is granted as such while payments are made in instalments and land use rights provided in phases, the grantee must, within 30 days of the payment of each instalment, apply for registration of the establishment of State-owned land use rights by submitting the land use rights grant contract and evidence of the grant fee payment.

  Article 27 Where the State-owned land use rights are granted by the State to an enterprise limited by shares in exchange for its shares, the enterprise must, within 30 days after executing the share acquisition contract, apply for registration of the establishment of State-owned land use rights by submitting the share acquisition contract and other relevant documents.

  Article 28 A person who leases the State-owned land from a land administration department in accordance with law must, within 30 days of executing the lease contract, apply for registration of the State-owned land use rights lease by submitting the land lease contract and other relevant documents.

  Article 29 Where the land use rights are mortgaged in accordance with law, the parties to the mortgage must, within 15 days of the execution of the mortgage contract, apply for registration of the land use rights mortgage by submitting the mortgage contract and other relevant documents. The land administration department must record the mortgage in the land registration card of the mortgaged land and must issue to the mortgagee other rights of land certificates.

  Where a tract of land is subject to more than one mortgage, the time when the mortgage registration application is received determines the order of the registration and the priority of the mortgage rights.

  Article 30 Where a person entitled to lease has leased its land use rights in accordance with law, the lessor and the lessee must, within 15 days of the execution of the lease contract, apply for registration of the land use rights lease by submitting the lease contract and other relevant documents. The land administration department must record the lease in the land registration card of the leased land and issue to the lessee other rights of land certificates.

  Article 31 For registrations of the establishment of other rights of land in accordance with law and statutes, the parties must apply for the establishment registration within 15 days after the rights are established.

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