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Interim Provisions of Shanghai Municipality on Inquiry of Real Estate Registration Materials
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| (Promulgated by the Shanghai Municipal Government on July 29, 1998) Article 1 (Purpose and Basis) For the purpose of making full use of real estate registration materials, protecting the lawful rights and interests of real estate owners, and maintaining the order of real estate market, these Provisions are formulated in accordance with the Regulations of Shanghai Municipality on Real Estate Registration. Article 2 (Definition of Registration Materials) The real estate registration materials (hereinafter referred to as Registration Materials) mentioned in these Provisions refer to the original documents of real estate submitted by real estate registration applicant (hereinafter referred to as Original Documents) and the real estate registration books (hereinafter referred to as Registration Books) kept by real estate registration organs on which the information of real estate rights is recorded after the general registration of real estate and the general survey of land ownership in this Municipality. Article 3 (Division of Function for Registration Organs) The registration organs of municipality, districts and counties (hereinafter referred to as Registration Organ) are in charge of the inquiry of the relevant Registration Materials in the light of their respective scopes of administration of real estate registration. Article 4 (Requirement of Administration) The Registration Organs shall take good care of the Registration Materials and ensure the completeness, accurateness and safety of the Registration Materials. Article 5 (Items to be Listed in the Registration Books) The Registration Organs shall, according to the Original Documents submitted by the real estate registration applicants, register in the Registration Books the following items: (1) the location of the real estate; (2) the names of the right holders of the original registration and the registration of alteration of the land use right and the ownership of buildings; (3) the way the land use right was acquired, the duration of land use and the area of the land; (4) the nature of the planned use of the land; (5) the construction area of the building; (6) the date the construction of the building is completed; (7) the scope, date and duration of the mortgage, pawn, lease and other rights and interests created on the real estate, and the scope of the credit guaranteed by the mortgage; (8) the date of the real estate registration (including the registration of alteration and the registration of cancellation); and (9) any restriction on the property right of the real estate. The Registration Organs shall register the relevant information in the Original Documents onto the Registration Books within three days after the registration is approved in accordance with the law. Article 6 (Permitted Scope of Inquiry of Registration Books) The Registration Books may be inquired publicly. Article 7 (Permitted Scope of Inquiry of Original Documents) Any unit and individual person may inquire the Original Documents within the following scope: (1) The right holders, or their attorneys, of land use right and ownership of buildings may inquire all the Original Documents in relation to the said real estate; (2) Parties or their attorneys to real estate mortgage, pawn or lease, or other rights or interests may inquire all the Original Documents directly related to the said real estate rights; (3) The inheritors, donees of real estate or their attorneys may inquire the Original Documents in relation to the said real estate rights; (4) National security organs, public security organs, procuratorial organs, judicial organs, and discipline investigation and supervision departments may inquire all the Original Documents in relation to the cases being investigated or handled by them; (5) Public notary institutions and arbitration institutions may inquire the Original Documents directly related to the case being notarized or arbitrated; (6) Parties, or their artorneys, to an arbitration or litigation may inquire the Original Documents directly related to the arbitration or litigation; (7) Parties, or their attorneys, to a real estate dispute identified by the municipal, district or county real estate departments may inquire the Original Documents directly related to the said real estate. Article 8 (Application for Inquiring the Registration Books) Any unit or individual person applying to inquire the Registration Books shall fill in an application form stating clearly and definitely the location of the real estate and the items to be inquired, and submit it to the Registration Organ, and provide his or her personal identification. Article 9 (Application for Inquiring the Original Documents) Any unit or individual person applying to inquire the Original Documents shall fill in an application form stating clearly and definitely the location of the real estate and the items to be inquired, and submit it to the Registration Organ, and provide relevant materials of certification in accordance with the following provisions: (1) The right holder of a land use right and the owner of a building shall submit the real estate ownership certificate and his or her personal identification. The attorney shall also provide the power of attorney and the personal identification. (2) Parties to a real estate mortgage, pawn, or lease shall provide the registration certificate of the said right and the personal identification. The attorney shall also provide the power of attorney and the personal identification. (3) The inheritor or donee of a real estate shall provide certificate proving the inheritance or gift and the personal identification. The attorney shall also provide the power of attorney and the personal identification. (4) National security organs, public security organs, procuratorial organs, judicial organs, discipline investigation and supervision departments shall have their designated personnel provide certificate issued by an organ at the county level or above. The designated persons shall also provide their working certificates. (5) Public notary institutions and arbitration institutions shall have their designated personnel provide the certificates of application of notary or arbitration, and the certificates issued by the public notary or arbitration institutions. The designated persons shall also provide their working certificates. (6) The party in an arbitration or litigation shall provide documents proving that the case has been accepted, and provide the personal identification. The attorney shall also provide the power of attorney and the personal identifications. (7) The party in a real estate dispute shall provide certificate issued by the municipal, district or county real estate departments conforming the dispute, and provide the personal identification. The attorney shall also provide the power of attorney and the personal identification. Article 10 (Restriction of Inquiry to Special Registration Materials) Any confidential Registration Materials relating to national security or military affairs shall be permitted for inquiry after being approved in writing by the national security or military organs. Article 11 (Availability of Inquiry) If an application for inquiry meets the requirement of these Provisions, the Registration Organ shall immediately provide the inquired materials. When there are problems to provide the materials immediately, the Registration Organ shall give the applicant the explanation and shall provide the inquired materials within 5 days after the application is accepted. The Registration Organ shall not refuse the inquiry without justifiable reasons. Article 12 (Requirement of Inquiry) The inquiry of Registration Materials shall be conducted at the place designated by the Registration Organ. The inquirer shall keep good condition of the materials being inquired and shall not mark with dots or small circles, underline, make any notes or signs, make alterations or take the documents apart. Where the inquirer violates the above provision, the staff member of the Registration Organ shall stop the person. If the inquirer refuses to stop, the staff member may refuse to provide the inquiry. If there are any damages, the inquirer shall be liable for compensation. Article 13 (Method of Inquiry) The inquirer of the Registration Materials may copy the information in the Registration Materials, or ask the staff member of the Registration Organ to duplicate relevant Registration Materials. The Registration Organs shall attach official seal to the duplicated Registration Materials. Where there is no Original Document or no information provided in the Registration Books, the Registration Organ shall issue a written certificate to prove that no registration information is recorded. Article 14 (Duties of Confidentiality of the Registration Organ) The staff members of the Registration Organ shall keep confidential of the content of the Original Documents and may not expand the scope of Original Documents inquiry without authorization. Where a staff member of the Registration Organ violates the above provision, the Registration Organ or the department of high level in charge of that Organ shall impose administrative sanction on the staff. Where damages are caused to any concerned parties, the Registration Organ shall compensate the damages according to law. Article 15 (Duties of Confidentiality of the Inquirer) The inquirer mentioned in Item 4 and Item 5 of Article 7 shall keep confidential of the contents of the Original Documents and may not divulge the privacy or trade secret of the parties concerned. Those who violate the above provision shall be dealt with according to relevant laws and regulations. Article 16 (Liability for Incorrect Registration Information) If damages are caused to the inquirer or relevant parties because the Registration Organ does not timely record the information in the Original Documents to the Registration Book, or has incorrectly recorded the information, the Registration Organ shall compensate the damages according to law. Article 17 (Fees for the Inquiry) Fees for the inquiry will be charged according to the relevant provisions of the municipal departments of price control and finance. Article 18 (Inquiry of Materials Before the General Registration of Real Estate and the General Survey of Land Ownership) The inquiry of materials before the general registration of real estate and the general survey of land ownership in this Municipality shall follow the provisions on archive inquiry. Article 19 (The Department Responsible for the Interpretation of Application) The Shanghai Municipal Housing and Land Administration Bureau may be responsible for the interpretation of the specific application of these Provisions. Article 20 (Date of Implementation) These Provisions shall become effective on January 1, 1999. |
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