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(Adopted at the 44th Session of the Standing Committee of the
11th Shanghai Municipal People' s Congress on October 31, 2002)
Chapter I General Provisions
Article 1
These Regulations are formulated for the purposes of normalizing
the act of real estate registration, safeguarding the security of
real estate
transaction, and protecting the legitimate rights and interests of the real
estate right owners, in accordance with
the "Law of the Peoples' Republic of China
on Land Administration" and the "Law of the People' s Republic of China on the
Administration
of Urban Real Estate" and other relevant laws and administrative
regulations and in the light of the actual circumstances of this
Municipality.
Article 2
These Regulations shall apply to the real estate
registration within the administrative areas of this Municipality.
Article
3
The real estate registration mentioned in these Regulations refers to the
act of a real estate registration agency, based on the
client' s application or
the agency' s authority, recording and making public the land-use right,
ownership of a house, right over
real estate of another, and other real estate
rights subject to registration according to law, and matters related to such
things.
The real estate right owner(s) mentioned in these Regulations
refer(s) to the natural person(s), legal person(s) and other organization(s)
that enjoy, according to law, land-use rights, ownership of house, rights over
real estate of another and other real estate rights.
Article 4
The
Shanghai Municipal Housing and Land Resources Administration (hereinafter
referred to as MHLRA) is the competent real estate
administrative department of
this Municipality, responsible for the administration work of real estate
registration.
The Shanghai Municipal Real Estate Registration Section
(hereinafter referred to as the Municipal Registry) affiliated with the MHLRA
shall be in charge of the routine work of this Municipality' s real estate
registration. The district/county real estate registry,
entrusted by the
Municipal Registry, shall handle specific matters of real estate
registration.
The district/county administrative department of real estate
shall assist the MHLPA in exercising supervision and administration
of the
district/county real estate registration work.
Article 5
The MHLRA shall
establish the whole Municipality' s uniform real estate register and registration
information system, produce the
uniform real estate title deed and registration
certification and set the technical norms for real estate registration.
The
real estate registration agency shall, according to the requirements of
technical norms for real estate registration and of
the registration information
system, keep record of and make public the real estate registers.
Real estate
registrars shall pass the uniform examination before getting on post by holding
a certificate.
Chapter II General Rules
Article 6
Where real estate registration is to be made due to one of the
following cases, both of the parties concerned shall make a joint
application:
(1) Purchase and sale;
(2) Exchange;
(3) Bestowal;
(4)
Mortgage;
(5) Pledge; and
(6) Other cases provided by laws and
regulations.
Article 7
Where real estate registration is made due to one
of the following cases, the real estate right owner shall make an
application:
(1) The land-use right is acquired in the form of allocation,
granting, or leasing;
(2) The collectively-owned,
non-agricultural-construction-use land use right is acquired through
approval;
(3) Newly-built buildings;
(4) Inheritance or bequeathal;
(5)
A decision of an administrative organ on handling a dispute about land-use
rights has become legally effective;
(6) A judgement, ruling or mediation
made by the people' s court has become legally effective;
(7) An award or
mediation made by the arbitration institution has become legally
effective;
(8) The cases listed in Article 32 of these Regulations:
and
(9) Other cases as may be provided by laws and regulations.
Article
8
Where a real estate jointly owned by two or more than two persons is to be
registered, the co-owners shall make a joint application.
Article 9
Where
a client entrusts an agent to apply for real estate registration, the agent
shall present the client' s power of attorney.
Article 10
Any person who
applies for real estate registration shall submit the stipulated registration
application documents. Where an applicant
submits a complete set of registration
application documents, the real estate registration agency shall issue a receipt
forthwith
for the received documents and the applying date is regarded as the
accepting and handling date. Where an applicant submits registration
application
documents that are incomplete, the real estate registration agency shall notify
in writing the applicant of the requirement
for make-up, and the date of making
the documents up to complete is regarded as the accepting and handling
date.
Article 11
The real estate registration agency shall complete the
verification of the registration application within the prescribed time period.
Where the application complies with the provision, the real estate registration
agency shall record relevant matters in the real
estate register, and the
accepting and handling date of registration application is regarded as the date
of registration.
Article 12
The applicant may withdraw the registration
application before the real estate registration agency makes public the content
of real
estate registration.
Article 13
The rights of real estate
registered according to law shall be protected by law.
The unregistered real
estate shall not be transferred.
Where more than two rights over real estate
of another or other real estate rights subject to registration according to law
are
created on one same real estate, the sequential position shall be determined
in sequence of the registration dates recorded in the
real estate register.
Where otherwise provided by laws and administrative regulations, such provisions
shall prevail.
Article 14
Where land-use rights have not gone through
initial registration, other real estate rights within the scope of the land
shall not
be registered.
Where the ownership of a house has not gone through
initial registration, other real estate rights related to the house shall not
be
registered, but the case of application for advance-announcement registration
according to the provisions of these Regulations
is an exception.
Where there
is any one of the following cases, the real estate registration agency shall
make a decision of denial of registration.
(1) Dispute about real estate
ownership has not been settled yet;
(2) Inability to present valid
certification of real estate ownership;
(3) Illegal occupation of
land;
(4) Being illegal or temporary buildings; and
(5) Cases in which
registration is denied by provisions of laws and administrative regulations or
in which other registration conditions
defined in these Regulations are not
fulfilled
Article 15
Where there is any one of the following cases,
relevant State organs may go through registration with the real estate
registration
agency by documents that have become effective legally.
(1) The
people' s court or an administrative organ exercises, according to law,
restrictive measures such as property preservation
on land-use rights and
ownership of a house;
(2) An administrative organ has made decisions on
requisition of collectively-owned land and on approval of construction-use land,
permission for house demolition and relocation, and commodity house sale in
advance, and other decisions related to real estate
rights.
Article 16
For
house lease contracts and other documents related to real estate rights, the
client may go through registration and file with
the real estate registration
agency for the record.
Article 17
The real estate registration agency
shall record and permanently keep in the real estate register the registration
application documents
provided by the client or documents of the administrative
organ, people' s court or arbitration institution that have become legally
effective.
The real estate register shall keep the record of the location of
real estate, the name of real estate right owner, the area of the
house and
land, the form of acquisition, duration and use purpose of land-use rights, the
rights over real estate of another and
the restriction of real estate
rights.
The real estate title deed and registration certification shall be
consistent with the record in the real estate register. Where
the real estate
title deed and registration certification are inconsistent with the record in
the real estate register, the latter
shall prevail.
Article 18
The real
estate right owner, upon discovery of any error in the record of real estate
register, may apply for correction. Where
the items to be corrected involve the
real estate right of a third party, the right-owners concerned shall make a
joint application.
The real estate registration agency, upon discovery of any
error in the record of real estate register, shall notify in writing the
real
estate right owner of going through the correction formalities within the
prescribed time period. Where the client fails to
go through correction
formalities before the deadline without any proper reason, the real estate
registration agency may correct
the record in the real estate register based on
registration application documents or valid legal documents and notify the
client
in writing thereof.
Article 19
The interested parties of real
estate rights, who believe that the land-use right owner and owner of the house
recorded in the real
estate register are inconsistent with actual situations,
may raise an objection to the registration by presentation of documents
related
to the real estate rights. The real estate registration agency shall, on the
same day of accepting the registration objection
application, record the
objection items in the real estate register to warn the third party, and the
registration of the objection
items shall cease to be effective after three
months.
Article 20
The real estate title deed of land-use right and
ownership of a house shall be issued by the MHLRA. The registration
certification
of rights over real estate of another and other real estate rights
subject to registration according to law shall be issued by the
Municipal
Registry.
The real estate title deed and registration certification are
evidence of real estate registration, and shall not be altered.
Where the
real estate title deed or registration certification is damaged, the real estate
right owner may apply for change to the
real estate registration agency. The
real estate registration agency shall examine and recall the original real
estate title deed
and registration certification before changing the real estate
title deed and the registration certification.
Where the real estate title
deed or registration certification is lost, the real estate right owner may
apply for re-issuance to
the real estate registration agency. The re-issued real
estate title deed or registration certification shall have the word
of
"re-issued" marked in the real estate title deed or registration certification,
and the original real estate title deed or registration
certification shall
become invalid as of the date of re-issuance.
Article 21
The real estate
register may be consulted openly, copied and duplicated. The registration
application documents may be available
for related clients to consult, copy and
duplicate. The specific procedures shall be stipulated by the Municipal People' s
Government.
Chapter III Registration of Land-use Rights and Ownership of a
House
Section 1 Initial Registration
Article 22
Where the land-use right is acquired in the form of granting or
lease, the real estate right owner shall apply for initial registration
of
land-use right and submit the following documents:
(1) Application
form;
(2) Identification paper;
(3) Granting contract of land-use right,
or land lease contract;
(4) Cadastral map; and
(5) Report of land
survey.
Where the land-use right is acquired in the form of granting, the
real estate right owner, when applying for initial registration
of land-use
right, shall submit the certification of paid-off granting fees of land-use
right in addition to documents set forth
in the preceding clause.
Where the
renewal is approved after expiration of the granted or leased land-use right
term, the real estate right owner shall have
a new the initial registration of
land-use right.
Article 23
Where the land-use right is acquired in the
form of allocation or the collectively-owned, non-agricultural-construction-use
land
use right is acquired according to law, the real estate right owner shall
apply for the initial registration of land-use right and
submit the following
documents:
(1) Application form;
(2) Identification paper;
(3) Approval
document of construction-use land;
(4) Cadastral map; and
(5) Report of
land survey.
Article 24
The application for initial registration of
land-use right in compliance with the following requirements shall be
approved:
(1) The applicant is the user of the land recorded in the land-use
right granting contract, the land lease contract or the approval
document of
construction-use land;
(2) The land-use range, location, area and use purpose
in the application for registration is consistent with the record in the
land-use right granting contract, land lease contract or the approval document
of construction-use land, cadastral map and land
survey report;
(3) The
registration application items do not conflict with the record in the real
estate register; and
(4) The case not falling under Article 14 Clause 3 of
these Regulations.
Article 25
After the newly-built house passes the
acceptance test upon completion, the real estate right owner shall apply for
initial registration
of ownership of a house and submit the following
documents:
(1) Application form;
(2) Identification paper;
(3) The real
estate title deed that records the state of land-use right;
(4) License of
construction project planning;
(5) Certification of acceptance test upon
completion;
(6) Cadastral map that records the state of the house;
(7)
Housing survey report; and
(8) Other relevant documents as may be required
by the technical norms for registration.
Article 26
The application for
initial registration of ownership of a house in compliance with the following
requirements shall be approved:
(1) The applicant is the owner of the
land-use right recorded in the real estate register;
(2) The location, use
purpose, block number, story number and building area of the house in the
application for registration comply
with those specified in the license of
construction project planning and accord with the cadastral map and the housing
survey report
that record the state of the house;
(3) The registration
application items do not conflict with the record in the real estate register;
and
(4) The case not falling under Article 14 Clause 3 of these
Regulations.
Article 27
The real estate registration agency shall, within
20 days from the date of accepting the initial registration application,
complete
the verification. Where the set requirements are met, the real estate
registration agency shall record the initial registration
items in the real
estate register, and notify the real estate right owner to take out the real
estate title deed. Where the set
requirements are not met, the real estate
registration agency shall reject the registration, and notify the applicant in
writing
thereof.
Section 2 Transfer Registration
Article 28
Where the registered real estate has any one of the following
cases, the client shall apply for the transfer registration after relevant
legal
documents have become effective, or the fact has occurred:
(1) Purchase or
sale;
(2) Exchange;
(3) Bestowal;
(4) Inheritance, bequeathal; and
(5) Other cases as may be provided by laws and regulations.
Article
29
To apply for real estate transfer registration, the following documents
shall be submitted:
(1) Application form;
(2) Identification paper;
(3)
Real estate title deed;
(4) Documents certifying the transfer of real estate
ownership; and
(5) Other relevant documents as may be required by the
technical norms for registration.
Article 30
The application for
registration of real estate transfer that meets the following requirements shall
be approved:
(1) The transferor is the owner recorded in the real estate
register and the transferee is the one specified in relevant supporting
documents;
(2) The real estate in the application for registration is in the
range of record in the real estate register; and
(3) The registration
application items do not conflict with the record in the real estate
register.
Article 31
The real estate registration agency shall complete
the verification within 20 days from the date of accepting the application for
registration of real estate transfer, and where the application meets the set
requirements, the said agency shall record the transfer
items in the real estate
register and notify the real estate right owner to take out the real estate
title deed; and where the
application does not meet the set requirements, the
said agency shall reject the registration and notify the applicant in writing
thereof.
Section 3 Alteration Registration
Article 32
Where the registered real estate has any one of the following
cases, the real estate right owner shall apply for alteration registration
after
the fact has occurred:
(1) The use purpose of real estate has changed;
(2)
The name of real estate right owner has changed;
(3) The area of the land or
the house has increased or decreased;
(4) The real estate is split-off or
merged; and
(5) Other cases as may be provided by laws and
regulations.
Article 33
To apply for alteration registration of real
estate, the following documents shall be submitted:
(1) Application
form;
(2) Identification paper;
(3) Real estate title deed;
(4)
Documents certifying the fact of alteration; and
(5) Other relevant documents
as may be required by the technical norms for registration.
Article 34
The
application for alteration registration of real estate that meets the following
requirements shall be approved:
(1) The applicant is the owner recorded in
the real estate register;
(2) The real estate in the application for
alteration registration is in the range of record in the real estate
register;
(3) The content in the application for alteration registration is
consistent with the fact of alteration certified by relevant documents;
and
(4) The items in application for alteration registration do not conflict
with the record in the real estate register.
Article 35
The real estate
registration agency shall complete the verification within 20 days from the date
of accepting the application for
alteration registration, and where the
application meets the set requirements, the said agency shall record the
alteration items
in the real estate register and notify the real estate right
owner to take out the real estate title deed; and where the application
does not
meet the set requirements, the said agency shall reject the registration, and
notify the applicant in writing thereof.
Section 4 Cancellation Registration
Article 36
Where a house is lost due to collapse or demolition, the real
estate right owner shall, after the fact of loss has occurred, apply
for real
estate cancellation registration, and submit the following documents:
(1)
Application form;
(2) Identification paper;
(3) Real estate title deed;
and
(4) Certification of loss of house.
Article 37
Where the land-use
right acquired in the form of granting or lease terminates according to law, the
original owner of land-use right
shall apply for canceling the real estate
registration and submit the following documents:
(1) Application form;
(2)
Identification paper;
(3) Real estate title deed; and
(4) Documents
certifying the legal termination of land-use right.
Article 38
Where
land-use right or ownership of a house terminates due to abandonment, the real
estate right owner shall apply for canceling
the real estate registration and
submit the following documents:
(1) Application form;
(2) Identification
paper; and
(3) Real estate title deed.
Article 39
The application for
canceling real estate registration that meets the following requirements shall
be approved:
(1) The applicant is the owner of real estate right recorded in
the real estate register;
(2) The real estate in application for cancellation
registration is in the range of record in the real estate register; and
(3)
The items in the application for cancellation registration do not conflict with
the record in the real estate register.
Article 40
The real estate
registration agency shall complete the verification within 20 days from the date
of accepting the application for
cancellation registration, and where the
application meets the set requirements, the said agency shall record the
cancellation
items in the real estate register and notify the real estate right
owner that the original real estate title deed shall become invalid;
and where
the application does not meet the set requirements, the said agency shall reject
the cancellation registration and notify
the applicant in writing
thereof.
Article 41
Where the client fails to apply for cancellation
registration after the house has been lost or land-use right has legally
terminated,
the real estate registration agency may record the cancellation
matters in the real estate register based on the supporting documents
provided
by relevant departments, and the original real estate title deed shall become
invalid.
Article 42
Where the land-use right and ownership of a house
terminate due to the acts of requisition, recall and confiscation according to
law by the administrative organ or the people' s court, the relevant
administrative organ and people' s court shall go through
the real estate
cancellation registration by the documents that have become legally effective.
The real estate registration agency
shall record the cancellation matters in the
real estate register, and the original real estate title deed shall become
invalid.
Chapter IV Registration of Right over Real Estate of Another
Article 43
Where there is one of the following cases, the client shall
apply for the registration of creating of rights over real estate of
another:
(1) Mortgage;
(2) Pledge; and
(3) Other rights created over
real estate of another according to laws and administrative
regulations.
Article 44
To apply for registration of creation of mortgage
on real estate, the following documents shall be submitted:
(1) Application
form;
(2) Identification paper;
(3) Real estate title deed;
(4)
Principal obligation contract secured by mortgage; and
(5) Contract of
mortgage.
Article 45
To apply for registration of creation of pledge right
on real estate, the following documents shall be submitted:
(1) Application
form;
(2) Identification paper;
(3) Real estate title deed; and
(4)
Contract of pledge.
Article 46
Where the registered right over real estate
of another are transferred, altered or legally terminated, the client shall
apply for
transfer registration, alteration registration or cancellation
registration, and submit the following documents:
(1) Application
form;
(2) Identification paper;
(3) Registration certification of the
right over real estate of another; and
(4) Document certifying the transfer,
alteration or termination of the rights over real estate of another.
Article
47
The application for registration of rights over real estate of another
that meets the following requirements shall be approved:
(1) Applicants are
the clients who create the rights over real estate of another and one of the
clients is the owner of the real
estate right recorded in the real estate
register;
(2) The real estate in the application for registration is in the
range of record of the real estate register; and
(3) The items in the
application for registration do not conflict with the record in the real estate
register.
Article 48
The real estate registration agency shall complete
the verification within 7 days from the date of accepting the application for
registration of the rights over real estate of another, and where the
application meets the set requirements, the said agency shall
record the
relevant items in the real estate register, and notify the right owner of the
right over real estate of another and
the right owner of transfer or alteration
registration to take out the registration certification, or notify in writing
the applicant
for cancellation registration of the right over real estate of
another that the original registration certification shall become
invalid. Where
the application does not meet the set requirements, the said agency shall reject
the registration and notify the
applicant in writing thereof.
Chapter V Advance-announcement Registration
Article 49
Where a house is under construction, the party that has one of
the following cases may apply for advance-announcement registration:
(1)
Advance-purchased commodity house and the transfer thereof;
(2) Creation of
mortgage on advance-purchased commodity house and the transfer of such
mortgage;
(3) Creation of mortgage on house construction project and the
transfer of such mortgage; and
(4) Other cases as may be provided by laws
and regulations.
Where both parties concerned are required to make a joint
application, but one party fails to lodge an application, the other party
may
apply unilaterally for advance-announcement registration.
Upon
advance-announcement registration, the parties concerned shall obtain priority
right of claim for land-use right, ownership
of house or right over real estate
of another.
Where in respect of the advance-announcement registration with
the cases set forth in Clause 1 of this Article, the client has not
applied for
registration of land-use right, ownership of house or right over real estate of
another up to full two years since
the initial registration date of ownership of
a house, the advance-announcement registration shall expire. Where in respect of
the advance-announcement registration with the cases set forth in Clause 2 of
this Article, the party has not applied for registration
of land-use right,
ownership of house or right over real estate of another up to full two years
since the registration date, the
advance-announcement registration shall
expire.
Article 50
To apply for advance-announcement registration of
advance-purchased commodity house, the following documents shall be
submitted:
(1) Application form;
(2) Identification paper;
(3)
Advance-sale contract of commodity house.
Where an advance-purchased
commodity house is transferred, the transfer contract shall be submitted in
addition to the documents
set forth in the preceding clause upon application for
advance-announcement registration.
Article 51
The advance-purchased
commodity house without advance-announcement registration shall not be allowed
to handle the advance-announcement
registration of the transfer of
advance-purchased commodity house.
The advance-purchased commodity house with
advance-announcement registration shall not repeat the advance-announcement
registration.
Article 52
To apply for advance-announcement registration of
the mortgage of advance-purchased commodity house, the following documents shall
be submitted:
(1) Application form;
(2) Identification paper;
(3)
Advance-sale contract of commodity house;
(4) Contract of principal
obligation secured by mortgage; and
(5) Contract of mortgage.
Where the
mortgage of advance-purchased commodity house is transferred, the transfer
contract shall be submitted in addition to
the documents set forth in the
preceding clause upon application for advance-announcement
registration.
Article 53
The advance-purchased commodity house without
advance-announcement registration shall not be allowed to handle the
advance-announcement
registration of the mortgage of the advance-purchased
commodity house.
Article 54
To apply for advance-announcement
registration of the mortgage of house construction project, the following
documents shall be submitted:
(1) Application form;
(2) Identification
paper;
(3) Real estate title deed recording the state of land-use
right;
(4) License of construction project planning;
(5) Contract for
general services of house construction project or contract for general
construction work;
(6) Contract of principal obligation secured by mortgage;
and
(7) Contract of mortgage.
Where the mortgage of house construction
project is transferred, the transfer contract shall be submitted in addition to
the documents
set forth in the preceding clause upon application for
advance-announcement registration.
Article 55
In respect of unilateral
application for advance-announcement registration, the following documents shall
be submitted:
(1) Application form;
(2) Identification paper; and
(3)
Documents certifying the legal relationship of real estate right shift have
formed.
Article 56
Where real estate rights with advance-announcement
registration legally terminate, the party concerned shall apply for
advance-announcement
cancellation registration and submit the following
documents:
(1) Application form;
(2) Identification paper; and
(3)
Documents certifying the termination of real estate right with
advance-announcement registration.
Article 57
The application for
advance-announcement registration and cancellation registration thereof that
meets the following requirements
shall be approved:
(1) The real estate in
the application for registration is in the range of record of the real estate
register;
(2) The items in the application for registration do not conflict
with the record in the real estate register; and
(3) The applicant complies
with the provisions in Clause 2 of this Article.
The applicant for
advance-announcement registration and cancellation registration thereof shall
comply with the following provisions:
(1) To apply for advance-announcement
registration of advance-purchased commodity house, one of the applicants shall
be the real
estate developing enterprise specified in the commodity house
advance-sale license, and the other of the applicants shall be the
advance-purchaser specified in the commodity house advance-sale contract;
(2)
To apply for transfer registration of advance-purchased commodity house, one of
the applicants shall be the advance-purchaser
of commodity house recorded in the
real estate register, and the other of the applicants shall be the transferee
specified in the
transfer contract of advance-purchased commodity house;
(3)
To apply for advance-announcement registration of the mortgage of
advance-purchased commodity house, the applicants shall be
the parties who have
created the mortgage of advance-purchased commodity house, and the mortgagor is
the advance-purchaser of commodity
house recorded in the real estate
register;
(4) To apply for advance-announcement registration of the mortgage
of house construction project, the applicants shall be the parties
who have
created the mortgage of house construction project, and the mortgagor is the
owner of land-use right recorded in the real
estate register;
(5) To apply
for advance-announcement cancellation registration, the applicant shall be the
party of the original advance-announcement
registration; and
(6) In respect
of unilateral application for advance-announcement registration, the applicant
shall be one of the parties recorded
in legal documents of real estate right
shift.
Article 58
The real estate registration agency shall complete the
verification within 7 days from the date of accepting the application for
advance-announcement registration and cancellation registration thereof, and
where the application meets the set requirements,
the said agency shall record
the relevant items in the real estate register, and notify the client in writing
thereof. Where the
application does not meet with the set requirements, the said
agency shall reject the registration and notify the applicant in writing
thereof.
Article 59
After the initial registration of the ownership of
newly-built commodity house, the advance-purchaser of commodity house shall
apply
for the real estate transfer registration. Where the advance-purchased
commodity house is mortgaged, the advance-announcement registration
of the
mortgage of advance-purchased commodity house shall be changed to the
registration of real estate mortgage after the real
estate transfer registration
is made.
Article 60
After the initial registration of the ownership of
newly-built commodity house, the advance-announcement registration of the
mortgage
of house construction project shall be changed to the registration of
real estate mortgage.
When the advance-announcement registration of the
mortgage of house construction project is changed to the registration of real
estate mortgage, the security range shall not cover the advance-purchased
commodity house that has already gone through the advance-announcement
registration.
Chapter VI Legal Liability
Article 61
Where the real estate registration agency and its staff
violate the provisions of these Regulations causing errors in the real estate
registration and bringing about loss to real estate right owners, the MHLRA or
the Municipal Registry shall bear corresponding
legal liabilities.
Article
62
An applicant for real estate registration who submits incorrect or false
registration application materials or raises improper objection
to registration
application, causing loss to the real estate right owner, shall bear
corresponding legal liabilities.
Article 63
Where a client forges the
real estate title deed, the MHLRA shall confiscate the forged real estate title
deed according to law,
and refer the client to the judicial organ for
handling.
Article 64
The chief officials directly responsible and other
persons-direct-in -charge of the MHLRA and the municipal and district/county
real estate registries who neglect their duties, abuse their powers and engage
in malpractice for selfish ends shall be given disciplinary
sanctions by their
work units or the higher competent authorities. If the wrongful act constitutes
a crime, the wrongdoer shall
be prosecuted for criminal liability.
Article
65
The party concerned, if disagrees with the specific administrative act
made by the MHLRA or the Municipal Registry, may apply for
administrative
reconsideration or bring an administrative lawsuit according to the "Law of the
People' s Republic of China on Administrative
Reconsideration" or
the "Administrative Litigation Law of the People' s Republic of China" .
Chapter VII Supplementary Provisions
Article 66
As for the land-use rights and ownership of house that should
have been but have not been registered in this Municipality' s general
registration of real estates, the party concerned may apply for registration
with the real estate registration agency with the
certification of the source of
real estate ownership.
The real estate registration agency shall, after
accepting a registration application, check with relevant departments and put an
announcement of relevant matters in this Municipality' s major newspapers or
other media. Where there is no objection raised six
moths after the
announcement, the client' s registration application shall be
approved.
Article 67
The real estate ownership certificate and
registration certification issued according to law before the implementation of
these
Regulations shall continue to be valid.
Article 68
These Regulations
shall become effective on May 1, 2003.
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