Issuance of the Measures for Land Registration by the Ministry of Land and Resources
Issuance of the Measures for Land Registration by the Ministry of Land and Resources
Issuance of the Measures for Land Registration by the Ministry of Land and Resources
Order of the Ministry of Land and Resources [2007] No.40
December 30, 2007
The Measures for Land Registration, adopted at the fifth executive meeting of the Ministry of Land and Resources on November 28, 2007, are hereby issued and shall come into force as of February 1, 2008.
Minister: Xu Shaoshi
Appendix: Measures for Land Registration
Chapter I General Provisions
Article 1 With the goal of regulating the registration of land and protecting the lawful rights and interests of land right holders, these Measures have been formulated in accordance with the Real Rights Law of the People's Republic of China, the Land Administration Law of the People's Republic of China, the Law of the People's Republic of China on the Administration of Urban Real Estate and the Regulations on the Implementation of the Land Administration Law of the People's Republic of China.
Article 2 The term "land registration" as used in these Measures means the recording in land registers of land use rights for state-owned land, the ownership of collectively owned land, land use rights for collectively owned land, land mortgage rights, servitude rights and other land rights for which there is a registration requirement in accordance with laws and regulations, and the disclosure of such rights to the public.
The term "land use rights for state-owned land" as used in the preceding paragraph includes the right to use state-owned construction land and the right to use state-owned agricultural land; land use rights for collectively owned land includes the right to use collectively owned construction land, the right to use residential sites and the right to use collectively owned agricultural land (but excludes operating rights under land contracts).
Article 3 Land shall be registered in accordance with the principle of local registration.
Applicants shall, in accordance with these Measures, file applications for land registration with the competent land and resources administration of the people's government at or above the county level where the land is situated, which shall in turn submit land information to the people's government at or above the county level for registration and the issuance of land rights certificates. The registration and issuance of land rights certificates for land mortgage rights and servitude rights shall be handled by the competent land and resources administration of the people's government at or above the county level.
For land spanning different administrative regions at the county level, separate applications shall be submitted to the people's governments at or above the county level in all relevant administrative regions for registration.
Land used by the central organs of the state in Beijing shall be subject to the Measures for the Registration of Land Used by the Central Organs of the State in Beijing.
Article 4 The state shall establish a proficiency and certification system for land registration officials. Officials responsible for examining and verifying land titles and reviewing land registration shall be required to hold land registration certificates issued by the competent land and resources administration of the State Council.
Chapter II General Regulations
Article 5 Land shall be registered in units of cadastral parcels.
Cadastral parcels are land title rights consisting of areas of land or spaces within defined boundaries.
Article 6 Land registration matters shall be handled on the basis of applications made unless laws, regulations or these Measures provide otherwise.
Article 7 Applications for land registration shall be made jointly by the parties concerned. In any of the following circumstances, an application may be made by one party:
1. General land registrations;
2. The initial registration of ownership rights for state-owned land or collectively owned land, or of the right to use collectively owned land;
3. The registration of land rights acquired by succession or bequest;
4. The registration of land rights acquired as a result of a legally binding decision made by a people's government on a dispute relating to land title;
5. The registration of land rights acquired pursuant to a legally binding document issued by a people's court or an arbitration commission;
6. The registration of modifications or objections;
7. The registration of changes of name, address or usage;
8. The reissuance or replacement of land rights certificates;
9. Any other circumstances in which an application may be filed by one party in accordance with applicable regulations.
Article 8 Two or more holders of land use rights for the same piece of land may file separate applications for land registration.
Article 9 When applying for land registration, applicants shall provide the following documents in accordance with the type of registration sought:
1. A land registration application form;
2. Documentation proving the identity of the applicant;
3. Land title certification;
4. Cadastral survey forms, cadastral parcel maps and the coordinates of cadastral parcel boundaries;
5. Ownership certification for attachments to land;
6. Tax payment or tax reduction and exemption certification required by laws and regulations;
7. Other certification and documents specified in these Measures.
Cadastral survey forms, cadastral parcel maps and coordinates of cadastral parcel boundaries referred to in item 4 above may be obtained through cadastral surveys carried out by qualified technical institutions.
When applying for land registration, applicants shall provide truthful documents and accurate information to the competent land and resources administration and shall be responsible for the truthfulness of application documents submitted.
Article 10 Any application for the registration of land rights vested in a minor shall be made by a guardian thereof. Where an application for land registration is made on behalf of a minor, in addition to the documents specified in Article 9 of these Measures, the applicant shall provide documentation proving the identity of the guardian.
Article 11 When authorizing an agent to file an application for land registration, in addition to the documents specified in Article 9 of these Measures, the applicant shall provide a letter of authorization and documentation proving the identity of the agent.
When applying for land registration on behalf of an overseas applicant, the agent shall provide a letter of authorization and documentation proving the identity of the principal, which shall be notarized or authenticated in accordance with the law.
Article 12 The competent land and resources administration shall deal with applications for land registration as appropriate in accordance with the following circumstances:
1. Where the land to which the application relates does not fall within its jurisdiction, the administration shall make a decision on the spot to refuse the application and inform the applicant that he should file an application with the land and resources administration with jurisdiction over the land;
2. Where an error in the application documents can be rectified on the spot, the administration shall permit the applicant to make the appropriate correction;
3. Where the application documents are incomplete or fail to meet the statutory requirements relating to format, the administration shall, on the spot or within five days, inform the applicant of all supplementary documents to be provided;
4.
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