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1、本溪市城镇国有土地地籍管理办法(修正)（Methods for the management of state-owned land land in benxi city (amendment)）The standing committee of the municipal peoples congress (promulgation unit)20020701 (time of promulgation)20020701 (implementation time)20110126 (failure time)Methods for the management of state-owned
2、land land in benxi city (amendment)(in benxi, liaoning province on September 20, 1996 the eleventh peoples congress standing committee on the 27th meeting; November 30, 1996 in liaoning province of the eighth 24th meeting of the standing committee of the peoples congress for approval. On March 29, 2
3、002, the 12th session of the standing committees of the peoples congresses benxi 32 meeting through; on May 20, 2002 the ninth peoples congress standing committee of liaoning province approved the 30th session of the correction)Chapter I general provisionsChapter ii cadastral surveyChapter iii land
4、registrationChapter iv classification of land classificationChapter v land statisticsChapter 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
5、 work, maintain the socialist public ownership of land, protect the legitimate rights 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 relevan
6、t laws and regulations, and combining the reality of our city, are formulated.Article 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, statisti
7、cs and archive management and investigate and rectify the illegal behavior of administrative 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 l
8、ease and other land rights stipulated by the laws and administrative regulations.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 municipal land and resources bureau is the administrative
9、 department for the management of land cadastral in the city.The municipal land resources bureau is responsible for the management of state-owned land in the urban area of benxi city.The land management department of the autonomous county shall be responsible for the management of urban land in the
10、region.The land management department of nanfen district is responsible for the land 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
11、 in accordance with these measures.Article 5 the cadastral management shall adhere 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
12、 are protected by law, and the use of state-owned land use certificates is the only 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 regulatio
13、ns of cadastral investigation issued by the state administration of land.The survey 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
14、 appropriate surveying and mapping units.Article 8 the land management department 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 t
15、he municipal peoples government for the record.Article 9 land investigators shall 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 di
16、sputes over the right to the use of the land and his rights shall be settled through 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 opinion
17、s by land management department, to the peoples government at the corresponding level. 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 shal
18、l change the status quo of the land before the dispute is resolved.Chapter iii land 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 t
19、he state-owned land in the town and the holder of the property must register the 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
20、land registration shall be conducted in accordance with the following procedures:(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. Applic
21、ation for land registration;2. The land registration applicant (legal person) certifying 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 r
22、elevant departments, relevant certificates of transfer or transfer of gold;Certificate 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,
23、complete the site and use of the location and origin of the ownership of land, investigation, 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
24、state and province, examine and determine the boundary and area of the land ownership, 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 righ
25、t which has not been confirmed by the land management department shall apply for 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 3
26、0 days from the date of the determination of the ownership of the land.Article 14 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) wh
27、ere the land user and the holder of the right to change name are renamed;(3) transferring 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 enterpri
28、ses arising from the merger or reorganization of the enterprise;(6) to build, rebuild 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 t
29、he prescribed time for registration:(1) if a new collection of collective land is 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 peop
30、les government at or above the county level;(3) where the right to the use of the 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 us
31、e the right to use the right to use the right to the use of the right to(4) if the 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
32、the date of signing the investment contract.The lessee shall, within 30 days from 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 fr
33、om the date of the signing of the letter of intent of the right to use the right 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 contrac
34、t;(8) if the law or administrative regulations require any other land to be registered, 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 cance
35、l its registration or from the land administrative departments of the cancellation 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 registratio
36、n,Return to the competent land administration department the state-owned land use certificate:(1) land units that have been allocated state-owned land for compensation have been revoked, relocated or bankrupt and dissolved;(2) the government shall, in accordance with the planning and adjustment of t
37、he land or the demolition, adjustment and demolition of the land, involve the loss of the right to the use of the land;(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
38、the right to use the right to the use of the land or the lease term expires, the 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
39、 is cancelled by laws and regulations.Article 17 the land administrative department 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 n
40、o lawful identification;(3) unclear land ownership;(4) altering the land use or 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 a
41、nd regulations.Article 18. The land management department shall make a public announcement 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
42、of the land;(2) the land ownership, nature, area and location of the registered 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 c
43、ontents of the announcement, he may, within the time limit prescribed in the announcement, 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 registratio
44、n authority shall correct the error and refund the fee to the land user.Article 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 d
45、epartment to handle registration, issued by the state-owned land to use card.Article 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 aut
46、onomous county peoples government to apply for registration of real estate property 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
47、 transfer changes accordingly, the parties should first deal with the real estate 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
48、 of the state-owned land to use card.Article 22 due to merger, division, bankruptcy, 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 the state-owned land to use card to have appropriate qualification to evaluate land asset appraisal institut