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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:
and 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 cha

racter 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, rene

w 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 i

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