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土地登记规则(修正)(二)

2009-03-24 法律英语 来源:互联网 作者:

  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-owne

d 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 l

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