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Detailed Implementing Rules of the Shenzhen Specia
双击自动滚屏 文章来源:网上转载   发布者:admin   发布时间:2001-7-28   阅读:11545

 

1988.03.08
SHENZHEN SPECIAL ECONOMIC ZONE
 DETAILED  IMPLEMENTING  RULES OF THE SHENZHEN SPECIAL ECONOMIC ZONE
ON LAND REGISTRATION AND THE ISSUE OF CERTIFICATES
  (Promulgated  8 March 1988 by the Shenzhen Municipal People's
Government.)
 @@  Article  1.  These Detailed Rules are formulated in accordance
with the relevant  laws  and  statutory regulations of the People's
Republic of China and  the Regulations of the Shenzhen Special
Economic  Zone  on  Land Management  in  order  to improve land
management, safeguard the socialist public  ownership of land and
protect the legal rights and interests of land owners and users.
 @@  Article  2. Land owners and users within the Special Zone shall
register land  right  titles  with the Shenzhen Municipal Bureau for
State Owned Land (hereinafter referred to as the Municipal State
Land  Bureau)  or its authorised  Regional  State  Land Bureaus.
After the State Land Bureau has verified  the details as being
correct,  the Shenzhen Municipal People's Government shall issue a land
certificate.
 @@  Article  3.  Land ownership rights and land use rights shall be
verified by  land  certificates.  Legally verified land ownership
rights and land use rights shall be protected by State law and no
unit or individual shall infringe upon these rights.
 If  land ownership rights or land use rights are legally amended, the
change shall be registered and the land certificate replaced.
 @@  Article  4. Land certificates are comprised of Collective Land
Ownership Certificates,  Land  Use  Certificates for State Owned
Land,  Land  Use Certificates  for  Collective  Construction  and
Temporary  Land Use Certificates.
 The  overall  specifications,  size and colour of land certificates
shall be uniformly  implemented  by  the  Municipal Government in
accordance with the model prescribed by the State Land Administration.
 @@ Article 5. Collective Land Ownership Certificates shall be legal
proof of the legal acquisition of land ownership rights by village
collective economic  entities.  They  shall  be issued to village
collective economic entities  or village committees which have legal
title to collective village land.
 @@  Article  6.  Land Use Certificates for Collective Construction
shall be legal  proof that a unit or individual has legally acquired
land use rights for collectively owned land in order to use the land
for non-agricultural construction.  They  shall be issued to any
collective  enterprises  or  public  institutional   units   or
individuals,  village  and  township  residents, peasants, Overseas
Chinese  and Hong Kong, Macao and Taiwanese compatriots who wish to
use  collectively owned land for non-agricultural construction in
accordance with the law.
 @@ Article 7. Land Use Certificates for Stated Owned Land shall be
legal proof that a unit or individual has legally acquired land use
rights for Stated  owned land. They shall be issued to units and
individuals which State owned land in accordance with the law.
 @@  Article  8.  When land is used in the following ways, the
recipient of a Land Use Certificate shall be:
 (1)  the  business department of the actual land user unit, if land
used for State construction, municipal facilities (including railways,
roads, areas of greenery, irrigation works, natural scenic areas, or
public facilities in areas such as culture, education, communications
of telecommunications) crosses regional boundaries;
 (2)  the equivalent level housing property administrative department,
if the land is used for public housing.
 (3) the enterprise itself, if the land is used by a Sino-foreign
joint equity  enterprise,  Sino-foreign  co-operative enterprise, a
wholly foreign owned enterprise or a Sino-foreign limited liability
company;
(4) each of the owners, if a building has two or more owners;
 (5)  the  business  entity or specialised household, if the land is
used for beach or seawater aquatic breeding activities;
(6) the house-owner, if the land is used for private housing.
 @@  Article 9. Temporary Land Use Certificates shall be legal proof
that a unit or individual has legally acquired the temporary right
to use land. They  shall be issued to units and individuals whose
requests to use land on a temporary basis have been approved.
 The  approved term of validity for temporary use of land shall be two
years. If  an  extension of the temporary land use term is required,
procedures for continued  use shall be carried out two months before
the expiry of the term of  usage with the organ which originally
approved the use of the land. On the expiry of such a term or on
the  refusal to approve an extension application, the temporary

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