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土地登记规则(修正)(二)

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  PART FOUR REGISTRATION OF CHANGES TO LAND USE RIGHTS, LAND OWNERSHIP AND OTHER RIGHTS OF LAND

  Article 32 Any change to land use rights, land ownership and other rights of land in accordance with law must be registered with the land administration department in accordance with the provisions of this Part.

  Article 33 In applying for a registration of changes to land use rights and land ownership, an applicant must declare the land price. If no declaration is made, the registration will be made on the basis of the land price listed for that tract of land.

  Article 34 Where allocated land use rights are converted into granted land use rights in accordance with law, the land user must, within 30 days of the payment of the grant fee, apply for registration of changes to the land use rights by submitting the land use rights grant contract, evidence of the land grant fee payment and the original State-owned land use certificate.

  Article 35 Where an enterprise, which obtained State-owned land use rights by way of granting or issuing shares to the State, transfers the State-owned land use rights in exchange for shares of another enterprise, the parties to the transfer must, within 30 days of signing the transfer and share acquisition contract, apply for registration of the changes by submitting legal documents evidencing the original grant or share acquisition by the State, the transfer and share acquisition contract, and the original land use certificate.

  Article 36 Where a collective land owner uses the collectively-owned land use rights as its capital contribution to foreign investment enterprises or domestic joint ventures, the parties must, within 30 days of the execution of the joint venture contract, apply for registration of the changes by submitting the approval documents issued by the People's Government at or above the county level and the capital contribution contact.

  Article 37 Under one of the following circumstances, the parties to a transfer of land use rights must, within 30 days of the execution of the transfer contract or agreement, or if any change of real property is involved, within 15 days of the real property change registration and issuance of the registration certificate, apply for registration of the changes by submitting the transfer contract, documents evidencing payment of land-related taxes and fees, and the original land certificate:

  1. Where the land use rights are transferred pursuant to law; or

  2. Where the land use rights are transferred as part of the sale and purchase of buildings and attachments on land;

  Where any changes to the land use rights result from changes in building ownership, the new building ownership certificate must be submitted when applying for registration of the changes.

  Article 38 Where changes to land use rights result from merger or split-up of units or acquisition of enterprises, the parties concerned must, within 30 days of the execution of the contract or within 30 days after receiving the approval documents issued by the department in charge of a higher level, apply for registration of the changes by submitting the contract or the approval document issued by the department in charge of a higher level and the original land certificate.

  Article 39 Where changes to the land use rights or ownership result from land exchange or adjustment, the parties concerned must, within 30 days after receiving the approval document regarding the exchange or adjustment agreement, jointly apply for registration of the changes by submitting the agreement, the approval document and the original land certificate.

  Article 40 Where land use rights are obtained as result of a mortgage sale, the land use rights holder and the mortgagor must, within 30 days of such sale, apply for registration of the changes by submitting relevant documents.

  Article 41 A person who pre-sells commodity buildings must, within 30 days of the execution of the pre-sale contract, register and file the pre-sale contract with the real property administration department and the land administration department of the People's Government at or above the county level.

  The land administration department of a People's Government at or above the county level will set up a filing and registration book for commodity buildings pre-sale contracts, which will record information such as the names of the seller and buyer, the location of the land on which such commodity buildings are situated, related financial matters, the date for delivery and occupation, and the area pre-sold.

  Article 42 Where publicly-owned housing is sold, the selling units and the employee purchasers must, within 30 days after registering the real property ownership with the real property administration department of the local People's Government at or above the county level, apply for registration of the changes by submitting the approval document for the sale of publicly-owned houses, the sales contract, the real property ownership certificate and the original land certificate.

  Article 43 Where a land use rights mortgage contract is changed during its term, the parties to the mortgage must, within 15 days of the change, apply for registration of the changes by submitting relevant documents.

  Article 44 Where a land use rights lease contract is changed during its term, the lessor and the lessee must, within 15 days of the change, apply for registration of the changes by submitting relevant documents.

  Article 45 Where other rights of land which are required to be registered by law and administrative statutes are changed, the parties concerned must apply for registration of the changes within 15 days of such change.

  Article 46 Where land use rights and other rights of land are inherited in accordance with law, the heir must, within 30 days of completing the required inheritance procedures, apply for registration of the changes by submitting relevant documents.

  Article 47 Where the land use rights, land ownership and other rights of land are changed in other forms, the parties concerned must, within 30 days of such change, apply for registration of the changes by submitting relevant documents.

  PART FIVE REGISTRATION FOR CHANGE OF NAMES, ADDRESS AND LAND USE

  Article 48 A land user, land owner or holder of other rights of land who changes its name, address or the purpose of the land use in accordance with law must apply for registration at the land administration department in accordance with the provisions of this Part.

  Article 49 A land user, land owner or holder of other rights of land who changes its name or address must, within 30 days of the change, apply for registration of name or address change by submitting relevant documents.

  Article 50 Where the purpose for the use of the State-owned land changes, the land user must, within 30 days of the approval of the change, apply for land use change registration by submitting the approval documents issued by the relevant departments and the original State-owned land use certificate. Where the changes are in relation to the granted land use rights, the land user must also submit an executed copy of the amending agreement to the land use rights grant contract or an executed copy of a new land use rights grant contract.

  Article 51 Where the type of the registered land is changed due to the fact that the collectively-owned rural land is undergone agricultural structure adjustment, the collective land owners must, within 30 days of the adjustment, apply for registration of land use change by submitting the approval documents, the collective land ownership certificate and the collectively-owned land use certificate.

  Article 52 Where the purpose for the use of collectively-owned construction land is changed, the land user must, within 30 days after receiving the approval documents issued by the local People's Government which has the authority to grant such approval, apply for registration of land use change by submitting the approval documents and the original collectively-owned land use certificate.

  PART SIX REGISTRATION FOR CANCELLATION OF LAND

  Article 53 Where the collectively-owned land is expropriated in whole or where all members of an agricultural collective economic entity obtain in accordance with law the status of urban residents, collective land ownership registration must be cancelled at the time when all the collectively-owned land is expropriated or when all members become non-agricultural population.

  Article 54 Where People's Governments at or above the county level resume State-owned land use rights in accordance with law, the land administration department must cancel the State-owned land use rights registration and the land certificates at the time when the State-owned land use rights are resumed.

  Article 55 When a State-owned land use rights grant or lease expires and if no application is made for renewal or a renewal application is not approved, the land user must apply for the cancellation of the State-owned land use rights registration by submitting the original land certificates within 15 days prior to the expiry date.

  Article 56 Where land rights are lost due to natural disasters, the land users or owners must apply for the cancellation of land use rights or ownership by submitting original land certificates and relevant documents.

  Article 57 Upon the expiration of other rights of land, the parties concerned must, within 15 days of the termination of such rights, apply for the cancellation of other rights of land by submitting relevant documents.

  Article 58 Where land users, land owners and holders of other rights of land fail to follow the provisions of the Rules to apply for cancellation of registration, the land administration department may directly cancel the land registration and revoke the land certificates.

  PART SEVEN LAND REGISTRATION RECORDS AND DOCUMENTS

  Article 59 Major records and documents generated from a land registration are as follows:

  1. applications for land registration;

  2. receipts for land registration documents;

  3. land ownership documents and materials;

  4. land registration examination and approval forms;

  5. land register maps;

  6. land registration books (cards);

  7. land certificate issuance record books;

  8. land rights holder registers (cards);

  9. land registration re-examination application forms;

  10. books containing the results of the land registration re-examination; and

  11. other records and documents such as agreements or decisions made in the course of determining land rights.

  Land registration documents are administered, updated and furnished by a person specifically designated by the land administration department.

  Article 60 Land registration cards are made on the basis of an urban neighbourhood (a village or a town) as a unit, which make up a land registration book and are sorted out according to the urban neighbourhood (or a village) and the serial number of each tract of land.

  Where a tract of land which is sub-divided, such sub-division (of land) is listed according to the sub-serial number on the basis of the serial number of the original land registration card.

  Tracts of land which are merged are listed according to the new serial number assigned to the land so merged.

  Article 61 Land rights holder registration cards are made on the basis of a county level administrative jurisdiction as a unit and organized in a land rights holder registry according to the strokes of the first Chinese character of land rights holders' name (or surname)。

  Article 62 Land registration records and documents are available for public search in accordance with the provisions of the land administration department. No records and documents can be furnished or disclosed to third parties without permission.

  The land registration records and documents are conclusive proof of a transfer, mortgage and lease of land use rights. Where a transferee, mortgagee or lessee wishes to search the land registration records and documents, they must make a written request and the land administration department must issue a written search results or provide documents.

  Article 63 No units or individuals should forge or without authorization alter or duplicate land certificates, land registration records and documents.

  Article 64 Standard forms of State-owned land use certificates, collective land ownership certificates, collectively-owned land use certificates and other rights of land certificates will be formulated uniformly by the State Land Administration Bureau and will be printed uniformly by the State Land Administration Bureau or its authorized units.

  Standard forms of land registration cards and land rights holder registration cards will be made uniformly by the State Land Administration Bureau and printed by the land administration departments of People's Governments at or above the county level.

  Any other forms, cards or books required in land registration must comply with the format stipulated by the State Land Administration Bureau. The land administration departments of the People's Government of each province, autonomous region and centrally-governed municipality may formulate supplementary provisions if appropriate.

  No units or individuals should print land certificates illegally. Illegally printed land certificates are null and void.

  Article 65 Land registration cards are primary documentation of land registration and legal proof of land use rights, land ownership and other rights of land. Land certificates are duplicate documents of a portion of land registration cards and legal proof held by land users, land owners and holders of other rights of land.

  PART EIGHT SUPPLEMENTARY PROVISIONS

  Article 66 The land administration department will reject any application for land registration if any of the following occurs:

  1. The land in respect of which an application for registration is made is not within the local registration district;

  2. The furnished documentation is incomplete ;

  3. No legal evidence has been furnished;

  4. The term of a transfer, lease or mortgage of land use rights exceeds the term of land use rights grant;

  5. The land price which must be declared has not been declared, or which must be affirmed by the land administration department has not been affirmed; and

  6. Those that will be rejected in accordance with law.

  Article 67 The land administration department may defer registration if any of the following occurs;

  1. The land ownership disputes have not been resolved;

  2. Unlawful acts relating to land have not been dealt with or are in the process of being handled;

  3. Land rights are restricted according to law or as a result of confiscation of the buildings and other attachments on the land according to law; and

  4. Circumstances where the registration must be deferred according to law and regulations.

  Article 68 The land administration department must, within 30 days after receiving an application for the establishment registration of land use rights or land ownership, the registration of changes to land use rights or land ownership, the registration of change of names, addresses and land use, examine the application and the results of land register surveys, and upon approval, make registration and issue, renew or alter the land certificate.

  The land administration department must, within 15 days after receiving an application for the establishment registration of other rights of land, the registration of changes to other rights of land or the cancellation of land registration, examine the application and land register surveys, make or cancel registration, and issue or renew other rights of land certificates, or inform the parties concerned in writing of the result of such cancellation.

  Where the land administration department has decided not to approve an application for land registration or to defer land registration, it must inform the parties concerned in writing of the reasons for such decision within 15 days of receiving the application.

  Article 69 Land users or land owners who fail to apply for the initial land registration within a prescribed period will be punished on the basis of illegally occupying land. Those who fail to apply in accordance with these provision for land change registration within a prescribed period will be punished the basis of illegally occupying land. Further, depending on the seriousness of the case, their land registration may also be cancelled and land certificates revoked upon approval by People's Governments at or above the county level.

  Article 70 Any land administration department personnel who violates the Rules or neglects its duties to a great extent will be subject to disciplinary action and economic penalty depending on the circumstances of the case or even liable to criminal punishment in accordance with law.

  Article 71 Where any error or omission is found in land registration, the land administration department must make correction and related parties having interests in land may also apply for such correction.

  Article 72 The procedures governing registrations for temporary use of land will be formulated by the land administration department of the People's Government of each province, autonomous region and centrally-governed municipality, and will be implemented upon approval by the People's Government of provinces, autonomous regions and centrally-governed municipalities.

  Article 73 Land certificates will be subject to regular inspection. Land users, land owners and holders of other rights of land must carry out such land certificate inspection within a period prescribed by the land administration department. Detailed procedures will be formulated by the land administration department of the People's Government of each province, autonomous region and centrally-governed municipality.

  Article 74 Land users, land owners and holders of other rights of land must pay land registration fees prescribed by the State.

  Article 75 Personnel at the land administration department who is responsible for carrying out land registrations and land registration application agents must pass relevant examinations and be licensed accordingly. The detailed procedures will be formulated separately.

  Article 76 Where, upon confirmation by the People's Government of a province, autonomous region and centrally-governed municipality, a single department is assigned by the local People's Government at or above the county level to be responsible for both real property and land administration, such department may formulate and issue a consolidated real property title certificate, which will record the affirmation of and changes to the real property ownership and the land use rights upon which the real property is situated. The relevant land rights which are contained in the real property title certificate must be in a form and contain contents as stipulated and approved by the State Land Administration Bureau.

  Article 77 The Rules will be interpreted by the State Land Administration Bureau.

  Article 78 The Rules shall be effective as of 1 February 1996.

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