At present, the central editorial office has sent approval documents to the Ministry of Land and Resources, the Ministry of Housing and Urban-Rural Development, the Ministry of Agriculture and the State Forestry Administration on the adjustment of the establishment of the real estate registration center of the Ministry of Land and Resources.
"The Ministry of Land and Resources is currently studying and drafting the operating rules of the Provisional Regulations," Liu Yanping, former director of the household registration office of the Legal Center of the Ministry of Land and Resources, said at the seminar. The seminar was hosted by Beijing Wei Heng Law Firm, and the China Legal Research Center for Land Development and Circulation of Wei Heng Law Firm was established.
"Compared with the draft for comments, the provisional regulations have added several contents, but there has been little change," said Chang Peng 'ao, a professor at Peking University Law School who participated in drafting the provisional regulations.
Although the provisional regulations will be issued soon, China's real estate registration faces many complicated historical problems. Chang Peng 'ao introduced that a large number of private enterprises in Jiangsu, Zhejiang, Guangdong and other provinces wore the "red hat" of collective enterprises and thus obtained collective land. After these enterprises "took off their hats" and became private enterprises, because the law stipulates that collective land belongs to the collective, how to evaluate the transfer of these land has always been a long-term problem.
Even some places have formed hidden rules that are inconsistent with the law. Xiao Jun, director of the research center and lawyer of Wei Heng Law Firm, said that in a northern city, when the collective land leased to foreign companies was requisitioned and demolished, the local government acquiesced in the "28-20 split" between the land operator and the land owner without agreement on who should own the compensation. But he thinks it is unfair to the operators who rent land for a long time.
These problems have been placed in front of the Ministry of Land and Resources. According to the principle that the registration of real estate takes effect, after the promulgation of the provisional regulations, a large number of land contracts are signed through valid contracts in reality, and before the government confirms the registration and certification, it will face potential property disputes. Even in the process of land transfer, the party purchasing the land use right has paid the tax, but as long as there is no change registration, there are potential ownership problems. Liu Yanping introduced that these issues have been put on the work agenda, and the Ministry of Land and Resources is studying the operating procedures.
Next, let's review the promulgation process of the Provisional Regulations on the Registration of Real Estate:
People's Republic of China (PRC) the State Council promulgated the Provisional Regulations on Real Estate Registration by Decree No.656, which came into effect on March/kloc-0.
Judging from the full text of the published regulations, * * * is divided into six chapters and 35 articles, covering real estate registration books, registration procedures, the enjoyment and protection of registered information, and legal responsibilities.
Article 23 stipulates that the competent department of land and resources of the State Council shall, jointly with relevant departments, establish a unified basic platform for real estate registration information management. The information registered by real estate registration agencies at all levels should be incorporated into a unified basic platform for real estate registration information management to ensure the real-time sharing of registration information at the national, provincial, municipal and county levels.
Insiders pointed out that the establishment of a multi-level information sharing system will solve the national networking problem of real estate registration information and provide basic data sources for the implementation of some policies in the future. However, the function of the system depends on the implementation rules of the information enjoyment system.
It is difficult to issue the Regulations on the Registration of Real Estate.
At present, China's real estate registration is relatively scattered. Land use rights are registered in the land management department, houses are registered in the real estate management department, grasslands and beaches are registered in the Ministry of Agriculture, and forestry resources are registered in the Forestry Bureau. This decentralized registration practice, the information is not open, opaque and asymmetric, which is considered by the management department to be no longer suitable for the needs of social development.
As early as the end of March, 20 13, the Plan for Institutional Reform and Functional Transformation of the State Council called for the introduction and implementation of a unified real estate registration system and the introduction of real estate registration regulations before the end of June.
2065438+0165438 On October 20, 2003/KLOC-0, the State Council held an executive meeting, officially announcing the integration of real estate registration responsibilities, establishing a unified real estate registration system, and integrating the real estate registration responsibilities scattered in multiple departments into the Ministry of Land and Resources.
During the two sessions this year, the Ministry of Land and Resources made it clear again that the real estate registration regulations will be introduced as soon as possible. At the end of March, the leading group for unified registration of real estate was established; In May, the National Real Estate Registration Bureau was officially listed. In June, the research and design of real estate registration information platform was officially launched. On August 15 this year, the Legislative Affairs Office of the State Council publicly solicited opinions on the Provisional Regulations on the Registration of Real Estate (Draft for Comment), with 6 chapters and 30 articles.
1 1 In June, the real estate registration center of the Ministry of Land and Resources was established, which was mainly responsible for supporting the policies, business, technology and land and resources legal affairs related to real estate registration.
February 3, 65438, Sino-Singapore. According to experts who participated in the formulation of the regulations, the provisional regulations on real estate registration will be announced soon and will be promulgated before the end of the year at the earliest. If there are no accidents, it will be implemented in March next year 1.
Today (65438+February 23rd), the Provisional Regulations on the Registration of Real Estate was finally officially announced after a long period of brewing.
From March next year, real-time * * * will be implemented to enjoy the four-level registration information.
It is reported that compared with the exposure draft, the published regulations mainly involve five amendments, such as clarifying the type of real estate registration, adjusting the requirements for registration review, and increasing the liability clause for registration errors.
Article 35 of Chapter VI of the Regulations will be formally implemented in March 1 year. The contents include the applicable object, executive department, registration procedure, information enjoyment and legal responsibility of real estate registration. The regulations stipulate that collective land ownership, ownership of buildings and structures such as houses, ownership of forests and trees, contracted management rights of cultivated land, woodland and grassland, construction land use rights, homestead use rights, sea area use rights, easements, mortgages and other real estate rights that need to be registered according to law are all applicable objects of real estate registration.
According to authoritative sources, there are no major changes in the registration procedures and legal responsibilities of this Ordinance. However, in terms of information sharing, the regulations propose that in the future, real estate information at all levels will be unified into the real estate registration information management platform led by the Ministry of Land and Resources, and the real-time sharing of national, provincial, municipal and county registration information will be ensured, which means that real estate information will be shared at all levels within the national land system. In addition, land, public security, civil affairs, finance, taxation, industry and commerce, finance, auditing, statistics and other departments. We should also strengthen the sharing of information related to real estate registration.
Insiders pointed out that the establishment of a multi-level information sharing system will solve the national networking problem of real estate registration information and provide basic data sources for the implementation of some policies in the future. However, the function of the system depends on the implementation rules of the information enjoyment system.
According to the 265438+20th Century Business Herald, Sun, a researcher at the Institute of Law of the Chinese Academy of Social Sciences who participated in the formulation of the Regulations, said that the promulgation of the Regulations has greatly promoted the unified registration of real estate, but the Regulations are only principled provisions and need specific operating rules.
Liu Yanping, chief registrar of the household registration office of the Legal Center of the Ministry of Land and Resources, also revealed at an expert seminar that the Ministry of Land and Resources is currently studying and drafting the operating rules of the Provisional Regulations.
Orient securities predicted that the introduction of the real estate registration regulations will have a neutral impact on the real estate market. The introduction of the regulations made investors expect that the anti-corruption storm may lead to the sale of real estate and the scope of property tax collection may be further expanded.
"On the one hand, the unified registration of real estate can pave the way for the levy of property tax; On the other hand, after the unified registration of real estate, the data, distribution and idleness of real estate in the country can be more clearly understood, and it will also become the authoritative basic information of the long-term mechanism. " Jin Yongxiang, general manager of Beijing Da Yue Consulting Co., Ltd. said.
Zhao Xijun, deputy dean of the School of Finance and Finance of China Renmin University, said: "Real estate is the focus of people from all walks of life. Unified registration of real estate will find out the real estate base, lay the foundation for levying property tax and inheritance tax, and standardize the real estate market and real estate. It is of great significance. "
Real estate registration has begun to be piloted.
Although the "Regulations on the Registration of Real Estate" will be officially implemented in March next year, preparations for the registration of real estate in various places have been rolled out, and overall plans have been introduced in many places to carry out pilot projects for unified registration of real estate.
According to the data of the Ministry of Land and Resources, about 50% of the national 106 key cities have started the unified registration of real estate. Among the 30 provinces that started relevant work, Hebei, Shandong, Jiangsu, Shanxi, Liaoning, Shaanxi, Qinghai and other provinces have basically completed the integration of provincial responsibilities for real estate registration. Among them, nine provinces including Beijing, Liaoning, Heilongjiang, Guangdong, Sichuan, Gansu, Guizhou, Shanghai and Qinghai have clearly established a leading group for unified registration of real estate.
Guangxi165438+1October 13 released the work plan for the unified registration of real estate in Guangxi Zhuang Autonomous Region, specifying that information sharing will be implemented in 20 17 years, and public inquiries will be made according to law; The Implementation Plan for Unified Registration of Real Estate in Fujian Province issued by Fujian Province proposes that before the end of June, all cities, counties (districts) in the province should basically complete the integration of real estate registration responsibilities, do a good job in organization, work integration and platform construction according to the national and provincial deployment, and implement unified registration of real estate.
What's more worth mentioning is that according to the deployment of the Ministry of Land and Resources, the unified registration of real estate has begun to be piloted, and how to uniformly register real estate will be discussed at the implementation level.
For example, Guizhou will carry out the pilot work of unified registration system of county-level real estate in seven counties (cities, districts) including renhuai city, Weining County, Baiyun District, Qixingguan District, duyun city, Songtao County and Sinan County; Hunan decided to start the unified registration of real estate in Liuyang City of Changsha, Lixian County of Changde and Zhijiang Dong Autonomous County of Huaihua.
According to the article "265438+20th Century Business Herald", 10 In late June, Wang Guanghua, director of the Cadastral Department of the Ministry of Land and Resources and director of the Real Estate Registration Bureau, and his party went to Luzhou City to investigate the unified registration of real estate, and revealed that Luzhou City, Sichuan Province was listed as one of the pilot cities for unified registration of real estate in China by the Ministry of Land and Resources.
A person from Luzhou Land and Resources Bureau said that under the guidance of the Ministry of Land and Resources and the Provincial Department of Land and Resources, a unified real estate registration information platform will be built and put into trial operation. In the second half of next year, the trial operation information platform is planned to enter the simulation registration stage, that is, the testing stage.
This seems to be similar to the timetable of the unified real estate registration system defined by the Ministry of Land and Resources. Establish a unified registration system, promote the transition of the unified registration system, and fully implement the unified registration system. Before 20 18, the basic platform of real estate registration information management was put into operation, and a unified real estate registration system was basically formed.