regulations of the registration of the real estate in shenzhen special economic zone

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  • 7/30/2019 Regulations of the Registration of the Real Estate in Shenzhen Special Economic Zone

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    Conference materialsFor reference only

    Regulations of the Registration of the Real Estate in ShenzhenSpecial Economic Zone

    (Passed in the 13th Meeting of the First Standing Committee ofthe People's Congress of Shenzhen City on December 26, 1992)

    The Decision on Modifying the Regulations of the Registrationof the Real Estate in Shenzhen Special Economic Zone by the

    Standing Committee of the People's Congress of Shenzhen City(Passed in the 21st Meeting of the Fifth Standing Committee ofthe People's Congress of Shenzhen City on February 25, 2013)

    Translated by Shenzhen Real Estate Register CenterMay 2013

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    Regulations of the Registration of the Real Estate inShenzhen Special Economic Zone

    (passed in the 13 th Meeting of the First Standing Committee ofthe People's Congress of Shenzhen City (December 26, 1992)

    and Became Effective on July 1, 1993)

    Chapter I General PrinciplesArticle 1 To confirm the real estate property, guarantee

    the rights and interests of owners, and reinforce the real estatemanagement, these regulations are prepared in accordance withthe basic principles of laws and regulations as well asconsidering actual conditions of Shenzhen Special EconomicZone (hereinafter called the "Special Zone" for short).

    Article 2 The real estate in these regulations refers to theland and the buildings and attachments on the land.

    The owner in these regulations refers to the holder of theproperty of the real estate which is registered according tothese regulations.

    The real estate property in these regulations refers to theuse right of owners to the land and the ownership to thebuildings or attachments on the land, and other rights arisingfrom the above rights.

    Article 3 When setting, transferring, altering orterminating the property of the real estate, the relevantregistration shall be done in accordance with these regulations.

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    The property of the real estate which is legally registeredshall be protected by laws.

    Article 4 The competent administration department incharge of the real estate of the People's Government ofShenzhen City (hereinafter called "the municipal government"for short) is the registration organ of the real estate in theSpecial Zone (hereinafter called "the registration organ" forshort).

    Article 5 A certificate of the real estate property is theproof for owners to manage, operate, use and dispose the realestate according to the laws.

    The registration organ shall examine and confirm the realestate property which the applicant applies to register, and issuea certificate of the real estate property.Chapter II General Provisions

    Article 6 The real estate shall be registered with a parcelof land as a unit.

    If a parcel of land belongs to more than two owners, everyowner may apply respectively to register the share of theownership to the buildings or attachments on the land and theuse right to the land.

    A parcel of land mentioned in the former paragraph meansa piece of closed land defmed according to the attribution ofrights.

    Article 7 If there are buildings or attachments on the2 / 34

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    land, the land and the buildings or attachments shall beregistered together.

    When the application to register the right to the use of landhas not been proved, the ownership and other rights of thebuildings or attachments on the land shall not be registered.

    Article 8 The registration of the real estate shall recordthe owners, nature of rights, source of rights, obtaining time,condition of alteration and the real estate's area, structure,purpose, value, grade, location, coordinate and shape.Article 9 The registration organ shall prepare a registermanual and make an all-sided, true and precise record of theregistration items of the real estate according to serial number ofland. The content of the real estate register manual can beconsulted and copied.

    The register manual, cadastre and the original materials ofthe real estate shall be preserved permanently.

    Article 10 The certificate of the real estate property shallbe made and published uniformly by the municipal government.The certificate shall not be altered. Any alteration or thecertificate shall be deemed to be invalid. Any alteration in aregister manual for the real estate shall be stamped on a checkseal of the registration organ.

    When the content of the certificate of the real estate aredifferent from those of the register manual of the real estate, thelatter shall be taken as the standard.

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    If a party disagrees with the record of the register manual, theregistration organ shall check the original voucher whosecontent shall be taken as the standard.

    Article 11 The registration of the real estate shall exercise auniform form system.The forms shall be made by the registration organ in accordancewith these regulations and working demands.

    Article 12 The name of the right owner registering thereal estate shall be:(1) its legal name, if the right owner is an enterprise;

    (2) its legal name or the name confmned by the government,if the right owner is a national organ or a public institution;

    (3) its name registered according to laws or the nameapproved by the government, if the right owner is a non-artificial organization;

    (4) the name on his legal identity card, if the right owner isan individual; or;

    (5) the names of every owner, if the right owner is partowners.

    Article 13 The registration of buying and selling,mortgaging, dividing, exchanging and presenting the real estateshall be applied together by relevant parties.

    Under anyone of the following circumstances, a party mayapply for the registrations of the real estate property alone:

    (1) applying for the initial registration of the use right ofland4 / 34

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    or ownership ofbuildings or attachments;(2) applying for the transferring registration of the real estate

    inherited or devised;(3) applying for the relevant registrations of the real estate

    property obtained due to the valid judgment, ruling andmediation of the People's Courts;

    (4) applying for alteration registration;(5) applying for the log-out registration resulted from the

    expiration of the use term of land; or;(6) applying for other registrations caused by applying todraw again or changing the certificates of the real estateproperty after they are lost or damaged.

    Article 14 The registration organ may register the realestate property directly under the following occasions:

    (1) the real estate is trusted by the registration organaccording to laws or is determined as ownerless property by thepeople's court;

    (2) the parties do not cancel the registration on time whenthe mortgage term expires;

    (3) the parties do not cancel the registration according toregulations when the use term of land expires; and

    (4) the occasions provided in item (1) to item (5) , paragraph1, Article 20.

    When the registration organ has completed the registration,it shall declare the result of registration.

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    Article 15 The day when the registration organ receivesthe applying documents from the applicants shall be theapplying day.

    I f wo or more than two (including two) applicants apply toregister the same real estate, they shall be examined accordingto the order from early to late of the serial numbers ofapplications which have been accepted.

    Article 16 The documents submitted for applyingregistration shall be original. I f the party can't submit theoriginal document, the copy is permitted. And, the copy shall bestamped a check seal and filed after being verified by theregistration organ.

    Article 17 The applicant may entrust another person inapplying for registering the real estate property.

    If the agency is entrusted in applying for registration, itshall submit an authorized letter of the owners to the registrationorgan. The authorized letter of overseas owners shall benotarized or authenticated in accordance with the regulations.

    Article 18 If the documents shall be notarized by thenotarization organ according to the laws and regulations or theagreements of parties, the applicant shall provide thenotarization letter when applying for registering the real estateproperty.

    Article 19 If the real estate property which shall beregistered has still not been registered after expiration, it would

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    be regarded as a state-agency property if nobody applies for theregistration after the registration organ have announced for morethan one year, and the agency term is 3 years.

    The owner shall pay the actually occurred fees if hisapplication in the agency period is approved.

    If nobody applies to register in the agency term, theregistration organ shall submit the application to the people'scourt to confIrm that it is an ownerless property.

    Article 20 No unit or individual may seize or sequestratethe real estate which has been approved to register according tolaws, or restrict the owners from the real estate property in otherways, except in the following occasions:

    (1) the registration organ makes a decision of canceling theregistration which has been approved in accordance with theseregulations;

    (2) the people's court makes an effective judgment or rulingon seizing or sequestrating the real estate, canceling theregistration or restricting the real estate property in other ways;

    (3) the public security organ or prosecuting organ makes adecision on sequestrating or restricting the real estate property inother ways according to the condition of cases which have beenon fIle;

    (4) the municipal government or its competent department incharge of the land make a decision to confIscate, take back,expropriate the land or restrict the real estate property in other

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    ways;(5) other occaSIOns II I accordance with the laws and

    regulations.The judgment, ruling or decision which is made according

    to the above items shall be sent to the registration organ. Theregistration organ shall directly register according to thecontents of the judgment, ruling or decision.

    The content and term of sequestration or restriction shall belisted in detail in the ruling or decision. After the term expires,the registration organ shall directly cancel the sequestration orrestriction.

    Article 21 The longest term of sequestrating of the realestate or restriction of the real estate property in other ways shallbe not more than 6 mouths. If it is necessary to continue thesequestration or restriction after the term expiration, the relevantorgan shall make a ruling or decision to continue thesequestration or restriction before the expiration and sent it tothe registration organChapter III Registration ProceduresSection I General RulesArticle 22 The registration of the real estate shall beconducted according to the following procedures:

    (1) putting forward an application;(2) accepting the application;(3) examining the applied documents;

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    (4) investigating the adscription of rights;(5) announcing pursuant to these regulations;(6) confIrming the real estate property;(7) recording the registration items approved into a register

    manual of the real estate;(8) charging the fees and issuing a certificate of the real

    estate property; and(9) establishing a filing.

    Article 23 The parties shall submit an application andrelevant documents in the provided term of these regulationswhen applying to register real estate. If the parties can't apply toregister in the provided term because of force majeure or other

    . proper reasons, the registration term shall be delayed within 5days after the obstacles are eliminated.If the application documents are not complete or not pursuant toregulations, the registration organ shall not accept them.

    The registration organ shall edit the application withnumber and give a receipt to the applicant after accepting theapplication.

    Article 24 After examination, the registration organ shallapprove and register the application in the provided term ofthese regulations, confIrm the real estate property, and issue acertificate of the real estate property if the application accordswith regulations. The registration organ shall reject theapplication which is not pursuant to these regulations, and

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    inform the parties i l l writing form within 30 days uponaccepting the application.

    Article 25 If the applicant disagrees with the rejection ofappliance, he may apply to the registration organ for reviewwithin 15 days upon receiving the notice.

    The registration organ shall review the registrationapplication within 30 days upon receiving the application forreview, and make a review decision. If the party disagrees withthe decision of review made by the registration organ, he mayapply to the administrative review organ in municipalgovernment for review or bring a litigation before the people'scourt within 15 days upon receiving the decision of review.

    Article 26 The registration organ may make a decision toreprieve the registration and inform the party in writing form inthe following occasions:

    (1) the dispute of property rights is not resolved;(2) the problem about illegal use of land or illegal building is

    not be dealt with or is being dealt with;(3) the application documents need to be amended or

    complemented after accepting the application;(4) it is necessary to reprieve the registration in the occasions

    stipulated by the provisions of items (2), (3), (4) and (5) ofparagraph 1 ofArticle 20 in these regulations;

    (5) other occasions in which it shall reprieve to register inaccordance with the laws, regulations and rules of the municipal

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    government.If there lS no reason of reprieve of registration, the

    registration organ shall approve the registration.Section II Initial registrationArticle 27 The user of the land or the owner of a building orits attachment shall apply for initial registration if he is notconfirmed his real estate property or issued a certificate of thereal estate property by the registration organ, except under thecircumstance provided in Article 62 of these regulations.Article 28 The right owner shall apply for initialregistration within 30 days upon obtaining the use right of theland, or within 60 days upon obtaining the certillcation ofacceptance of completed buildings or attachments.

    Article 29 Anyone who applies for initial registration ofthe use right of the land shall submit the following documents:

    (1) the Application Form for Initial Registration of the RealEstate;

    (2) the identity certificates, including individual identitycertificate, business license of legal body of enterprise andcertificate of statutory agent, certificate of the principal of state'sorgan, document for establishing of an organization approved bythe municipal government and certificate of the principal of thisorganization. The identity certificate provided by the enterpriseor organization overseas shall be notarized or authenticatedaccording to the regulations;

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    (3) the certificate of the rights to land, including:1. anyone who obtains the use right of the land by assignmentshall submit the following documents:

    (1) the contract of use of land. If the owner may expropriatethe land by himself in accordance with the stipulations ofcontract, he shall submit together the agreement ofcompensation for expropriation;

    (2) the certificate for having paid off the price of the land;2. anyone who obtains the use right of land by administrativeallocation shall submit the following documents:

    (1) the document of approving the use of land made by themunicipal government;(2) the red line chart for the use of land;(3) the agreement of compensation for the expropriation of land;3. the relevant documents if he obtains the use right of the landby other ways;(4) the report on the result of field mapping which has beenrecognized by the registration organ and be issued by the surveyorgan.

    Article 30 When applying to register the ownership ofbuildings or attachments, the applicant shall submit thefollowing documents:

    (1) the certificate of the rights of land;(2) the building license;(3) the construction license;

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    (4) the certification of acceptance of fmished building;(5) the settlement paper which shall be examined by the

    organ appointed by the municipal government;(6) the total ichnography for construction and designation,

    and the fmishing chart of buildings (including the plane,tridimensional and section drawing of a single construction);and

    (7) the report on the result of field mapping which has beenrecognized by the registration organ and be issued by the surveyorgan.

    Article 31 The applicant shall put forward theadministrative penalty decision when applying for registration ifthe land or building is illegally-used land or illegal buildingwhich has been permitted to use after being disposed.

    Article 32 The registration organ shall respectivelyrecord the words such as "administratively allocated land", "theuse of land for pay", "low price land", "land for free","commercial housing sold to inside", "commercial housing soldto outside", "commercial housing of small profits", "commercialhousing of full cost", "commercial housing of quasi cost"according to the different sources of the rights to land into theregister manual of the real estate and the certificate of the realestate property.

    Article 33 If the initial registration accords with theregulations after being examined, the registration organ shall

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    make a preliminary decision within 60 days upon accepting theapplication, and shall make an announcement with a term of 30days.

    I f nobody objects to the initial decision, the registrationorgan shall approve the registration after the announcementexpires and issue a certificate of the real estate property to theapplicant.

    Article 34 If anybody objects to the initial decision in theannouncement of initial registration, the registration organ shalldeliver a copy of the objection to the applicant within 15 daysupon receiving the written objection. The applicant shall make awritten reply to the registration organ within 15 days uponreceiving the copy. If the applicant doesn't reply in the time limit,the registration organ shall cancel the initial decision and rejecthis application.

    The registration organ shall investigate and verify theobjection or the applicant's reply, and shall make a decision andinform the parties in writing form on whether the objection isvalid or not. If the party disagrees with the decision of theregistration organ, he may apply to the administrative organ ofthe municipal government for review or bring a litigation beforethe people's court within 15 days upon receiving the decisionnotice.

    Article 35 When the term of use of land expires, theparty shall conduct an initial registration in accordance with the

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    .provisions of this section if he is approved to renew the term.If the area of the real estate undergoing initial registration

    adds, the additional part shall be put under the initial registrationaccording to the provisions of this section.Section III Transference RegistrationArticle 36 The party shall conduct the transferenceregistration within 30 days upon the contract or other legalpapers becoming effective, i f he real estate property undergoinginitial registration is under anyone of the followingcircumstances:(1) purchasing or selling;

    (2) presenting;(3) exchanging;(4) inheriting;

    (5) division of the joint real estate;(6) compelling transference judged or ruled by the people's

    court; or(7) other compelling transfer made according to the laws and

    regulations.Article 37 To apply for transference registration, the

    applicant shall submit the following documents:(1) the Application ofRegistration for Transferring the Real

    Estate;(2) the certificate ofthe real estate property;(3) the identity certificate; and

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    (4) the purchasing contract, or presenting paper, or inheritingcertificate, or transfer agreement, or the effective judgment orruling or mediation made by the people's court, oradministrative decision made by the relevant administrativeorgan, or division agreement.

    As for the land of administrative allocation or with low-price or no charge, if the land price needs to be filled up at thetransference according to regulations, the applicant shall submitthe certificate ofhaving paid off the land price.Article 38 The applicant shall submit the document ofapproving the transference made by the department of propertyright when transferring the real estate of an enterprise which isnot a legal person or an organization.

    Article 39 The registration organ shall examme theapplication, and approve the transference registration within 30days upon accepting the application and replace the certificateof the real estate property with a new one if the applicationsatisfies the requirements.Section IV Mortgage RegistrationArticle 40 The parties shall apply for mortgage registration onthe mortgaged real estate property within 15 days upon themortgage contract becoming effective.Article 41 Anyone who applies for mortgage registration shallsubmit the following documents:

    (1) the Application Form for the Mortgage Registration of16 / 34

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    the Real Estate;(2) the certificate of the real estate property;(3) the identity certificate; and(4) the mortgage contract.

    Anyone who mortgages the real estate of an enterprisewhich is not a legal person, or an organization shall submit thedocument of approving the mortgage made by the department ofproperty right.

    Anyone who mortgages the real estate property purchasedin advance shall submit the documents provided in items (l), (2)and (4) of paragraph 1 in this article and the contract ofpurchasing real estate.

    Article 42 The registration organ shall examine theapplication, and approve the mortgage registration within 15days upon accepting the application if the application satisfiesthe requirements.

    Article 43 If the mortgage registration is approved, theregistration organ shall stamp a special seal for mortgage ontothe certificate of the real estate property and make a record inthe register manual of the real estate. The mortgage record shallinclude the mortgage's obligee, the area of mortgage thing,mortgage sum, and the mortgage term.

    As for the mortgage of the real estate purchased in advance,the registration organ shall stamp a special seal for mortgageonto the purchase and sale contract.

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    Article 44 When establishing several mortgage rights onthe same real estate, the parties shall apply for mortgageregistration respectively according to the provisions of Article41 and Article 42 of these regulations. The registrationorganshall examine the applications according to the order from earlyto late of serial numbers of accepted applications. The order ofmortgages shall subject to the order of the approved registration.Section VArticle 45

    Alteration Registrations and other RegistrationsThe right owner shall apply for alterationregistration within 30 days since the alteration happens if he is

    under anyone ofthe following occasions:(1) the purpose of the real estate changes; real estate;(2) the name of the owner changes; or(3) the name of the location or the real estate itself changes.

    Article 46 The parties shall submit the followingdocuments when applying for alteration registration:

    (1) the Application Form for the Alteration Registration ofthe Real Estate;;

    (2) the certificate of the real estate property;(3) the identity certificates;

    (4) the approval documents made by the competent departmentof land if the purpose of the real estate changes; the certificationof having paid off the land price if the land price needs to befilled up; or the approval documents made by the relevantadministrative department if the name or title of the right owner

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    is changed.The registration organ shall examine the applications of

    right owners, and approve the qualified alteration registrationswithin 30 days upon accepting the application and replace thecertificate of the real estate property with a new one.

    Article 47 While the building or its attachment breaksdown or is dismantled, the right owner shall apply for alterationregistration within 30 days upon he knows the fact. Theregistration organ shall approve the alteration registration within15 days upon receiving the application.

    When the mortgage contract of the real estate determines,the parties shall cancel the mortgage registration to theregistration organ within 10 days upon the determination.

    Article 48 If the certificate of the real estate property islost, the right owner shall declare the loss in Shenzhen SpecialZone Daily or Shenzhen Economic Daily and report it to theregistration organ. If the applicant applies for reissuing acertificate, the registration organ shall make an announcementon the reissuing and issue a new one if nobody objects within 6months, and shall note the word of "reissue" on the newcertificate of the real estate property.

    Article 49 When the certificate of the real estate propertyis damaged, the registration organ shall replace it with a newone if necessary.

    Article 50 When pre-selling the real estate, the pre-19 / 34

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    selling party shall put the purchase and sale contract on recordsin the registration organ according to its regulations.Chapter IV Repeal of the Approved Registration

    Article 51 The registration organ may decide to cancelthe full or part of the approved registration under the followingcircumstances:

    (1) the party doesn't own the legal rights to real estate;(2) the party hides the truth or forges the relevant papers or

    documents, or cheats to get the approval when applying forregistration;

    (3) the registration organ commits improper act in approvingthe registration or is negligent in examination.

    The decision of repealing he approved registration shallinform the parties in writing.

    Article 52 If the party disagrees with the decision of therepeal of approved registration, he may apply to theadministrative review organ of the municipal government forreview or bring a litigation before the people's court within 15days upon receiving the decision notice.Chapter V Registration Fees

    Article 53 The owner shall pay registration feesaccording to the following regulations when applying forregistrations:

    (1) as for the initial registration, the fees shall be 1%0 of thevalue registered. If the registered value exceeds 30 million yuan,

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    the exceeding part shall be charged at the rate of 0.5%0;(2) as for the transference registration, the fees shall be 1%0

    of the registered value. If the registered value exceeds 10million yuan, the exceeding part will be charged at the rate of0.5%0;

    (3) as for the mortgage registration, the fees shall be chargedof 0.1%0 of the mortgaged value which shall not be less than 100yuan for each item; and

    (4) as for the alteration registrations or other registrations,every item shall be charged of20 yuan.The registered value mentioned in items (1) and (2) of thepreceding paragraph means the value of the real estate whichhas been approved to register by the registration organ.

    Article 54 The revenue of registration fee shall be usedfor paying the operation expense and the compensation fund ofthe registration organ, and shall not be impropriated.Chapter VI Legal Responsibilities

    Article 55 If the party doesn't apply for registrationduring the period regulated in these regulations, he shall becharged an overdue fee of 3%0 of the registration fee everydelaying day.

    Article 56 If the parties shall apply jointly forregistration in accordance with these Regulations, but one partyapplies and the other party doesn't apply, or doesn't provide theregistration documents in the application, the registration organ

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    shall order the party not applying or not providing theregistration documents to fmish the registration procedures inlimited time. The party shall be imposed a fine of 1,000 yuan to5,000 yuan ifhe fails to finish the registration.

    The registration organ may register directly if it considersafter examination that the application satisfies the registrationrequirements.

    Article 57 If the party gains registration by cheating, orobtains a reissued certificate of the real estate property bymaking a false report of loss in order to cheat or obtain illegalbenefits, he shall be cancelled the approved registration by theregistration organ, confiscated the illegal income and imposed afme of no more than his illegal income. The party shall beinvestigated for criminal responsibilities by the justice organaccording to laws if a crime is constituted, and shall compensatethe damages he brings to others.

    Article 58 If the functionaries of registration organneglect their duties, bend the law for selfish ends, they shall beimposed administrative punishment, and shall be investigatedfor criminal responsibilities by the justice organ according tolaws if a crime is constituted.

    Article 59 If the registration organ or its officialconducts improper approval and brings damage to the rightowner, the registration organ shall be responsible forcompensation which shall be paid from the compensation funds.

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    Article 60 If the party disagrees with the punishmentmade by the registration organ, he may apply to theadministrative review organ of the municipal government forreview or bring a litigation before the people's court within 15days upon receiving the punishment notice.Chapter VII Supplementary Provisions

    Article 61 The items which shall be declared accordingto these regulations shall be announced in Shenzhen SpecialZone Daily or Shenzhen Economic Daily or Chinese andForeign Real Estate Times by the registration organ.

    Article 62 The certificate of the real estate propertyhaving been granted by the people's government or itsauthorized organ before these regulations going into effect shallcontinue to be effective.

    Article 63 The municipal government may makeimplementation rules according to these regulations.

    Article 64 These regulations shall become effective as ofJuly 1, 1993.

    As for the real estate which shall be registered but doesn'tregistered before these regulations become effective, the partyshall apply for registration within 2 years upon theseRegulations entering into force. The registration organ shallhandle the historical problem on real estate property accordingto the policies, regulations and practice at that time.

    If the provisions carried out in the Special Zone in the past23 / 34

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    conflict with those of these regulations, these regulations shallprevail.

    Decision on Modifying the Regulations of the Registration ofthe Real Estate in Shenzhen Special Economic Zone by theStanding Committee of the People's Congress ofShenzhen City(passed in the 21 sl Meeting of the First Standing Committee ofthe People's Congress ofShenzhen City (February 25, 2013)

    The Fifth Standing Committee of the People's Congress ofShenzhen CityAnnouncement

    No. 120

    It is announced that, The Decision on Modifying the Regulationsof the Registration of the Real Estate in Shenzhen SpecialEconomic Zone by the Standing Committee o f the People'sCongress ofShenzhen City was passed in the 21 sl Meeting of theFifth Standing Committee of the People's Congress ofShenzhenCity on February 25, 2013, which will become effective as ofthe announcing day.

    February 28, 201324 / 34

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    In the 21 st Meeting of the Fifth Standing Committee of thePeople's Congress of Shenzhen City, the Amendment to theRegulations oj the Registration oj the Real Estate in ShenzhenSpecial Economic Zone (Draft) raised by the municipalgovernment was discussed; fmally, the following modificationsare made to the Regulations oj the Registration oj the RealEstate in Shenzhen Special Economic Zone:

    1. The Article 4 is modified as follows : "The competentadministration department in charge of the real estate of thePeople's Government of Shenzhen City (hereinafter called "themunicipal government" for short) is responsible to guide the realestate registration of the Special Zone; supervise Shenzhen RealEstate Register Center to register the real estate legally, andlegally prepare and supervise the implementation of the specificworking rules of the real estate registration.

    Shenzhen Real Estate Register Center (hereinafter called theregistration agency for short) is responsible for the real estateregistration of the Special Zone"

    2. The "registration organ" in relevant stipulations is modified asthe "registration agency".

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    3. The Article 8 is modified as follows: "The registration of thereal estate shall record the owners, nature of rights, source ofrights, obtaining time, condition of alteration and the realestate's area, structure, planned purpose, price, and location."

    4. The "real estate registration manual" in relevant stipulations ismodified as the "real estate registration book".

    5. One paragraph is added in the Article 23 and serves as theparagraph 2: "The applicant shall be responsible for theauthenticity of the submitted application documents."

    6. One paragraph is added in the Article 24 and serves as theparagraph 2: "The registration agency shall be responsible toreview the followings:

    (1) The authenticity of the certificate of the real estate propertysubmitted by the applicant;

    (2) Relevance of all facts proved by all application documents;

    (3) Consistency of all facts proved by the main body underregistration application, real estate under registration application,content under registration application, and issues underregistration application and application documents;

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    (4) There is no conflict between the issues under registrationapplication and the real estate property recorded in the realestate registration book;

    (5) There are no cases such as no registration, registrationrejection, or registration suspension which are allowed by theseregulations."

    One paragraph is added and serves as the paragraph 2: "ifrelevant conditions of the registration application need furtherproving, the registration agency shall ask the applicant to offermore information and data or further ask the applicant; if it can'tbe proven, the registration agency shall conduct the spotchecking or ask the applicant to submit relevant notarialcertificates or other legal documents ."

    7. "If the party disagrees with the decision of review made bythe registration organ, he may apply to the administrative revieworgan in municipal government for review within 15 days uponreceiving the decision of review." in the paragraph 2 of theArticle 25 is modified as follows: "Ifthe party disagrees with thedecision of review made by the registration organ, he may applyfor the administrative review in accordance with laws."

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    8. The Article 30 is modified as follows: "When applying toregister the ownership of buildings or attachments, the applicantshall submit the following documents:

    (1) The Application Form/or the Initial Registration a/the RealEstate; .

    (2) Identification certificate of the applicant;

    (3) Land use right certificate;

    (4) Qualified acceptance certificate of the building works;

    (5) Qualified completion acceptance certificate

    (6) Completion surveying and mapping report;

    (7) Completion settlement document."

    9. The Article 32 is modified as follows: "The registrationagency shall respectively record the words such as"administratively allocated land", "the use ofland for pay", "lowprice land", "land for free", "commercial housing sold to inside","commercial housing", and "security housing" according to thedifferent sources of the rights to land into the register book of

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    the real estate and the certificate of the real estate property."

    One paragraph is added and serves as the paragraph 2: "Thespecific classification of the security housing will be determinedby the registration agency in accordance with relevantstipulations."

    10. "If the party disagrees with the decision of the registrationorgan, he may apply to the administrative organ of the municipalgovernment for review or bring a litigation before the people'scourt within 15 days upon receiving the decision notice." in theparagraph 2 of the Article 34 is modified as: "If the partydisagrees with the decision of the registration organ, he mayapply for the administrative review in accordance with laws."

    11. The Article 39 is modified as follows: "The registrationagency shall examine the application, and notifY the applicant tosubmit the contract tax payment certificate or the contract taxreduction certificate issued by the tax authority in written formif the application satisfies the requirements. The registrationagency shall, record the registration issues in the real estateregistration book within 30 days after receiving the contract taxpayment certificate or the contract tax reduction certificate, andissue the certificate of the real estate property."

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    12. "If the applicant applies for relssumg a certificate, theregistration organ shall make an announcement on the reissuingand issue a new one if nobody objects within 6 months" in theArticle 48 is modified as follows: "If the applicant applies forreissuing a certificate, the registration organ shall make anannouncement on the reissuing and issue a new one ifconsistency with the real estate registration book record ISconfirmed after the review and the loss is announced asspecified."13. The Article 50 is modified as follows: "When pre-selling thereal estate, the pre-selling party shall put the purchase and salecontract on records in the registration agency according to itsregulations."

    14. "If the party disagrees with the decision of the repeal ofapproved registration, he may apply to the administrative revieworgan of the municipal government for review within 15 daysupon receiving the decision notice." in the Article 52 is modifiedas follows: "If the party disagrees with the decision of the repealof approved registration, he may apply for the administrativereview in accordance with laws."

    15. The Article 53 is modified as follows: "The applicant shallpay registration fees to the registration agency when applying

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    for registrations. The real estate registration fee standard will beconducted based on relevant national stipulations.

    The management method concerning the inquiring and copyingthe information recorded in the real estate registration book orother registration information will be prepared by the municipalgovernment."

    16 . The Article 54 is modified as follows: "The real estateregistration fee collected by the registration agency and otherlegal revenues will be included in the nontax revenuemanagement, which will be subject to the legal auditsupervlsIOn.

    A percentage of the real estate registration fee shall be listed inthe registration compensation fund, and specific methods will beprepared by the municipal government.

    The registration agency can insure the liability insurance in the. "msurance agency.

    17 . Delete the Article 55.

    18 . "The party shall be imposed a fme of 1,000 yuan to 5,000yuan if he fails to fmish the registration." in the paragraph 1 of

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    the Article 56 is modified as follows: "If the party fails to fmishthe registration without just cause, the registration agency cansubmit the application to the competent administrationdepartment in charge of the real estate, and he shall be imposeda fme of 5,000 yuan."

    19. The Article 57 is modified as follows: "If the party gainsregistration by offering false materials and cheating, theregistration agency will submit the application to the competentreal estate department, and he shall be imposed a fme of 5% ofthe real estate registration price. If the registration is approved,the registration agency can decide to cancel the approvedregistration and submit the application to the competent realestate department, and he shall be imposed of a fme of 10% ofthe real estate registration fee; if there is a criminal act, the partyshall be transferred to the judicial organs for handling; if harmsare caused to others, he shall compensate the damages he bringsto others."

    20. The Article 58 is modified as follows: "If the competent realestate department or the working staff neglect their duties andfail to perform their responsibilities, the main principals andother direct principals shall be imposed administrativepunishment, and shall be investigated for criminalresponsibilities by the justice organ according to laws if a crime

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    is constituted."

    21. Delete ", which shall be paid from the compensation funds"letters in the Article 59 .

    22. "If the party disagrees with the punishment made by theregistration organ, he may apply to the administrative revieworgan of the municipal government for review within 15 daysupon receiving the punishment notice." n the Article 60 ismodified as follows : "If the party disagrees with the punishmentmade by the competent real estate department, he can apply forthe administrative review legally."

    23. One paragraph is added in the Article 63 and serves as theparagraph 2: "The municipal government can make stipulationson specific methods concerning the real estate's registrationrectification, dissenting registration, advance-notice registration,and easement rectification."

    One paragraph is added and serves as the paragraph 3:"Themunicipal land reservation agency is responsible to apply for thereserved land registration to the registration agency, and thespecific registration method will be prepared by the municipalgovernment."

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    Prior to implementing the decision, the registration behaviormade by Shenzhen Real Estate Register Center in accordancewith the relevant stipulations of the Regulations of theRegistration of the Real Estate in Shenzhen Special EconomicZone and the issued certificate of the real estate property areeffective, which have the same legal force.

    The sequence of partial clauses of the Regulations of the.Registration of the Real Estate in Shenzhen Special EconomicZone is correspondingly adjusted based on the decision.

    The decision will become effective since the announcing day.

    The Regulations of the Registration of the Real Estate inShenzhen Special Economic Zone are modified based on thedecision, which will be announced again.