本溪市城镇国有土地地籍管理办法

1、本溪市城镇国有土地地籍管理办法The standing committee of the municipal peoples congress (promulgation unit)19961130 (date of promulgation)19961130 (implementation time)Administrative measures for the land use of state-owned land in benxi city(in benxi, liaoning province on September 20, 1996 the eleventh peoples co

2、ngress standing committee on the 27th meeting on November 30, 1996 in liaoning province 24th meeting of the eighth NPC standing committee approved)Chapter I general provisionsChapter ii cadastral surveyChapter iii land registrationChapter iv classification of land classificationChapter v land statis

3、ticsChapter vi archives of cadastreChapter vii legal responsibilitiesChapter viii supplementary provisionsChapter I general provisionsArticle 1 with a view to strengthening the urban state-owned land cadastre management work, maintain the socialist public ownership of land, protect the legitimate ri

4、ghts and interests of land users and his new owner, according to the land administration law of the Peoples Republic of China, the law of the Peoples Republic of China on urban real estate administration law and relevant laws and regulations, and combining the reality of our city, are formulated.Art

5、icle 2 the term urban state-owned land cadastre management, is refers to the peoples governments of cities or autonomous county of urban state-owned land investigation, registration, classification and grading, statistics and archive management and investigate and rectify the illegal behavior of adm

6、inistrative law enforcement in accordance with the law.The term right mentioned in this method refers to the right to the use of the land and other rights other than land, including the right to mortgage, the right to lease and other land rights stipulated by the laws and administrative regulations.

7、Article 3 the units, individuals and the obligee who use the state-owned land in the administrative region of our city must abide by these measures.Article 4 the land planning authority in benxi city is the administrative department for the management of state-owned land.The state-owned land cadastr

8、al management in the urban area of benxi city is responsible by the municipal land planning authority.The land management department of the autonomous county shall be responsible for the management of urban land in the region.The land management department of nanfen district is responsible for the l

9、and management department of nanfen district.Except as otherwise provided for by the state, the administration of land for military and railway land in the administrative region of this municipality shall be implemented in accordance with these measures.Article 5 the cadastral management shall adher

10、e to the unified system of the state, adhere to the principle of systematization, accuracy and completeness of the information of the nationality, and carry out regional management.Article 6. State-owned land use rights are protected by law, and the use of state-owned land use certificates is the on

11、ly legal document used for the use of state-owned land in cities and towns.Chapter ii cadastral surveyArticle 7 the land administrative departments shall carry out the survey of cadastre in accordance with the regulations of cadastral investigation issued by the state administration of land.The surv

12、ey of cadastral survey was conducted under investigation and cadastral survey. The ownership survey is organized by the land management department; Cadastral survey is commissioned by the land management department with appropriate surveying and mapping units.Article 8 the land management department

13、 shall organize the military, railway land management departments and the entrusted administrative departments of the areas under its jurisdiction to define the administrative boundaries according to law and report to the municipal peoples government for the record.Article 9 land investigators shall

14、 enter into the field of investigation to carry out investigation work, and the land users shall cooperate with them and provide the necessary information and information without obstructing or obstructing.Article 10 disputes over the right to the use of the land and his rights shall be settled thro

15、ugh consultation by the parties concerned. If consultation fails, the client application to the administrative departments of land, land management department should first mediation, conciliation fails, handling opinions by land management department, to the peoples government at the corresponding l

16、evel. If a party refuses to accept the decision of the peoples government, it may apply to the peoples government at the next higher level for reconsideration or bring a suit directly to the peoples court. No party shall change the status quo of the land before the dispute is resolved.Chapter iii la

17、nd registrationArticle 11 the land administrative department shall register the right to the use of the state-owned land and the rights of the state-owned land under the jurisdiction in accordance with law. The user of the state-owned land in the town and the holder of the property must register the

18、 land.Land registration is divided into initial registration and change registration.Land registration is carried out in a flat land.The term zong refers to a parcel of land enclosed by the right of authority.Article 12 land registration shall be conducted in accordance with the following procedures

19、:(1) the land user and the obligee shall, within the prescribed time, apply for land registration within the land administrative department of the place where he is located, and submit the following information:1. Application for land registration;2. The land registration applicant (legal person) ce

20、rtifying material, legal person representative certificate of identity or household registration certificate, entrusted to the certificate of the people;3. Certificate of origin of land ownership, approval documents of relevant departments, relevant certificates of transfer or transfer of gold;Certi

21、ficate of ownership on the ground;5. Other documents to be submitted as required.(2) the land administrative departments should be accepted by the land users within 30 days from the date of application for registration, complete the site and use of the location and origin of the ownership of land, i

22、nvestigation, measurement of the ownership boundaries, the measurement area, fill in the cadastral survey and so on a work.(3) the land administrative department shall, in accordance with the relevant regulations of the state and province, examine and determine the boundary and area of the land owne

23、rship, the rights and the land of the land.(4) after the examination of ownership, registration shall be registered.(5) to issue or replace the certificate of state-owned land use.Article 13 any state-owned land use right which has not been confirmed by the land management department shall apply for

24、 initial registration in any way.The initial registration shall apply to the land administration department within 30 days from the date of the notice of the registration of the land administrative department or within 30 days from the date of the determination of the ownership of the land.Article 1

25、4 any land registered under the following circumstances shall, within 30 days from the date of change, apply to the land administrative department for change of registration:(1) change of land use according to law;(2) where the land user and the holder of the right to change name are renamed;(3) tra

26、nsferring the right to the use of the land according to law;(4) transfer of the right to the use of the land by means of gift, inheritance, trading, exchange, and division of the land;(5) merger or separation of enterprises arising from the merger or reorganization of the enterprise;(6) to build, re

27、build or expand the buildings on the ground;(7) changes in the land level;(8) error registration.Article 15 in any of the following circumstances, the right to the use of the land and his rights shall be applied within the prescribed time for registration:(1) if a new collection of collective land i

28、s requisitioned, within 30 days from the date of approval of the peoples government at or above the county level;(2) if the right to use state-owned land is allocated, within 30 days from the date of approval of the peoples government at or above the county level;(3) where the right to the use of th

29、e state-owned land is obtained by means of sale, the assignee shall, within 30 days after the date of the transfer of the right to the use of the right to the right to use the right to the right of use of the right to use the right to use the right to use the right to the use of the right to(4) if t

30、he state gives the right to use the state-owned land in a bid to make a share of the company, the enterprise shall, within 30 days from the date of signing the investment contract, the company shall, within 30 days from the date of signing the investment contract.The lessee shall, within 30 days fro

31、m the date of signing the lease contract, lease the state-owned land to the government land administration department.(6) if the right to the right of the land is mortgaged according to law, it shall be within 15 days from the date of the signing of the letter of intent of the right to use the right

32、 to the use of the state-owned land.(7) where the land user who has the right to lease leases the right to use the land lawfully, the lessor and the lessee shall, within 15 days from the date of signing the lease contract;(8) if the law or administrative regulations require any other land to be regi

33、stered, the parties shall, within 15 days from the date of determination.Article 16 have been registered in accordance with the law to deal with the land use right of land, any of the following circumstances, shall cancel its registration or from the land administrative departments of the cancellati

34、on of the land use right and other rights notice within 15 days from the date of holding the book and the cancellation of the relevant documents, to the land management department to apply for cancellation of registration, return to the land management department that has jurisdiction over the state

35、-owned land to use card :(1) land units that have been allocated state-owned land for compensation have been revoked, relocated or bankrupt and dissolved;(2) the government shall adjust the land or the demolition of houses according to the plan;The loss of the right to the use of the land within the

36、 scope of adjustment and dismantlement;(3) loss of land use right due to natural disasters;(4) for two consecutive years without the consent of the approval organ;(5) not being used for the purpose of approval;(6) where the right to use the right to the use of the land or the lease term expires, the

37、 parties fail to apply for renewal;(7) where the term of the land is terminated;(8) the roads, railways, airports and mines, etc. which have been approved to be scrapped;(9) other circumstances in which land registration is cancelled by laws and regulations.Article 17 the land administrative departm

38、ent shall not accept the application for land registration in one of the following situations:(1) the land applied for registration is not in the administrative region under its jurisdiction;(2) where the applicant has no lawful identification;(3) unclear land ownership;(4) altering the land use or

39、the illegal transfer, renting or mortgaging the land without authorization or being dealt with according to law;(5) default of land taxes and taxes related to land;(6) where the land registration is not handled by laws and regulations.Article 18. The land management department shall make a public an

40、nouncement on the territory deemed to meet the requirements for registration according to the data of the land registration application.The main contents of the announcement include:(1) the name and address of the owner of the land;(2) the land ownership, nature, area and location of the registered

41、land;(3) the time limit, manner and acceptance organ of the land user and the obligee of the right to dissent;(4) other matters.Article 19 where a land user or a holder of the right of his term has any objection to the contents of the announcement, he may, within the time limit prescribed in the ann

42、ouncement, apply to the land administrative department for review and pay the review fee in accordance with the provisions. If the result of the notice is maintained, the review fee shall not be returned; The registration authority shall correct the error and refund the fee to the land user.Article

43、20 the land registration announcement expires, the land user and his new owner without complaint, with the result of land registration approved by the peoples governments of cities or autonomous county, land management department to handle registration, issued by the state-owned land to use card.Art

44、icle 21 built houses on the land in accordance with the law of real estate development, the developer shall within 30 days after completion inspection and acceptance by the state-owned land use right to the city, the autonomous county peoples government to apply for registration of real estate prope

45、rty management department, in this way, there is no state-owned land use certificate and obtain proof of building property right, the house property certificate is invalid; Real estate transfer or change, land use rights transfer changes accordingly, the parties should first deal with the real estat

46、e registration of change, and by the change of the ownership of the house certificate and the original state-owned land use right to the land management department to apply for registration of land use change, the change of the state-owned land to use card.Article 22 due to merger, division, bankrup

47、tcy, sell, lease, mortgage, reform of transferring, joint venture cooperation, corporations and the formation of enterprise group and joint-stock cooperative enterprises, and so on and so forth and cause of transferred land use right transfer and change land USES utility, and enterprises should make

48、 the state-owned land to use card to have appropriate qualification to evaluate land asset appraisal institution, after the appraisal results confirm and disposal plan implementation, by the land administrative departments in accordance with the provisions in article 14 hereof to change land registr

49、ation.Article 23 the land administrative department shall exercise a regular inspection system for the certificate of state-owned land use in accordance with law.Chapter iv classification of land classificationArticle 24 the land division in the administrative region of the city shall be held respon

50、sible by the municipal land management department.The municipal land management department is responsible for the land grading work within the city.Land grading work within the administrative region of autonomous county shall be the responsibility of the land management department of the autonomous

51、county.Article 25 the land grading of the construction towns shall be carried out within the standards set by the municipal land planning authority.Land grade and land division can be adjusted every two years.Chapter v land statisticsArticle 26 the land administrative departments shall, in conjuncti

52、on with the statistics departments of the same level, conduct land statistics in accordance with the law and the annual report system shall be implemented.Article 27 land statistics shall be conducted according to the following procedures:(1) collect data;(2) cadastral survey;(3) fill in the form of

53、 the unit area, the land statistics table, the land statistics book and the annual mainland type change table;(4) audit summary;(5) compile the annual report on land statistics and carry out land statistical analysis.Article 28 the annual statistics of the land shall be listed as the land statistics

54、 of the next year on December 31, December 31.Article 29 the statistics personnel in accordance with the law, exercise the power of land statistics, land management department and the land user shall provide truthful statistical data within the given time, shall not conceal, organizations or forged,

55、 tampered with.Chapter vi archives of cadastreArticle 30 the cadastral archives shall be established in the place of settlement. The contents of the cadastral file include:(1) application for land registration;(2) certificate of ownership and information;(3) the land registration examination and app

56、roval form;(4) the map of the land;(5) the land register (card);(6) land ownership (card);(7) application for review of land registration and result form;(8) appraisal report, agreement, contract, etc.Article 31 the land administrative department shall improve its records and update relevant materia

57、ls in time.Article 32 the land administrative department shall be responsible for the collection, collation, appraisal, statistics, custody and utilization of the records of the mainland of the region.Article 33 the inspection of the land records shall be handled in accordance with the provisions of

58、 the land administrative department and shall not be provided or published to any third party without permission.Cadastral records can be used for paid use.Chapter vii legal responsibilitiesArticle 34 the land administrative department shall examine the situation of land ownership within its jurisdiction, and the unit or individual that is inspected shall truthfully reflect the situation and pr