Land Registration Measures

Article 2: For the purposes of these Measures, the term “land registration” means the act of recording in the land register for public review state-owned leaseholds, collective land ownership, collective leaseholds, land mortgages, easements and other land rights which, in accordance with laws and regulations, need to be registered, and announcing the same.

The state-owned leaseholds mentioned in the preceding paragraph include state-owned construction leaseholds and state-owned agricultural leaseholds. The collective leaseholds mentioned in the preceding paragraph include collective construction leaseholds, homestead leaseholds and collective agricultural leaseholds (but exclude rights to operate land that has been contracted out).

Article 3: The principle of registering land in the place where it is located shall be implemented in land registration.

The applicant shall submit his/her/its land registration application to the competent land and resources administrative authority of the people's government at the county level or above of the place where the land is located in accordance herewith, which shall forward the same to the people's government at the county level or above for registration and issuance of a land rights certificate. However, for land mortgages and easements, registration and the issuance of a certificate of third party rights to land shall be carried out by the competent land and resources administrative authority of the people's government at the county level or above.

For land that spans more than one county-level jurisdiction, land registration shall be carried out with each of the people's governments at the county level or above that have jurisdiction in the regions spanned by the land.

Matters relating to land used by party and state authorities in Beijing shall be handled in accordance with the Measures for the Registration of Land in Beijing Used by Party and State Authorities.

Article 4: The state implements a system where land registration personnel are required to be certified to do their jobs. Working personnel who carry out land title verification and registration reviews shall have a land registration job certificate issued by the State Council's competent land and resources administrative authority.

PART TWO: GENERAL STIPULATIONS

Article 5: The lot shall be the unit of registration of land.

The term “lot” means a parcel of land or space enclosed by the land title boundaries.

Article 6: Land registration shall be carried out on the basis of an application, unless otherwise specified in laws, regulations or these Measures.

Article 7: Land registration shall be carried out jointly by the concerned parties, except in the following circumstances where a single party may make an application:

(1) general land registration;

(2) initial registration of state-owned leaseholds, collective land ownership and collective leaseholds;

(3) registration of land rights obtained through succession or bequeathal;

(4) registration of land rights obtained through a legally effective land title dispute handling decision rendered by a people's government;

(5) registration of land rights obtained through a legally effective legal document issued by a people's court or arbitration institution;

(6) correction of registration or registration of an objection;

(7) registration of a change of name, address or purpose;

(8) reissue or replacement of a land rights certificate; or

(9) another circumstance under which, in accordance with provisions, a party may apply for registration alone.

Article 8: If two or more leaseholders jointly use one parcel of land, they may each separately apply for land registration.

Article 9: When an applicant applies for land registration, he/she/it shall, depending on the matter being registered, submit the following materials:

(1) a land registration application form;

(2) proof of the applicant's identity;

(3) proof of the source of the land title;

(4) a cadastral survey form, lot map and coordinates of the lot;

(5) proof of title to the attachments to the land;

(6) tax payment receipt or proof of tax reduction or exemption specified in laws and regulations; and

(7) other supporting documentation specified herein.

The cadastral survey form, lot map and coordinates of the lot specified in Item (4) of the preceding paragraph may be obtained by appointing a qualified professional firm to carry out a cadastral survey.

When applying for land registration, the applicant shall submit true relevant materials and report the true circumstances to the competent land and resources administrative authority, and shall be liable for the truthfulness of the substantive information in the application materials.

Article 10: The guardian of a minor shall apply for the registration of the minor's land rights on the minor's behalf. When applying for land registration for a minor, the guardian shall, in addition to submitting the materials specified in Article 9 hereof, submit proof of his own identity.

Article 11: If an appointed agent applies for land registration, he/she/it shall, in addition to submitting the materials specified in Article 9 hereof, submit a power of attorney and proof of his/her/its own identity.

When an application for land registration is made on the behalf of an overseas applicant, the power of attorney and the proof of identity of the principal shall be notarized or authenticated in accordance with the law.

Article 12: The competent land and resources administrative authority shall handle the land registration application of the parties/party in the manner set forth below depending on the following circumstances:

(1) if the land for which registration is applied is not located in its jurisdiction, it shall render a decision on the spot not to accept the application and inform the applicant to apply to the competent land and resources administrative authority with jurisdiction;

(2) if the application materials contain errors that can be corrected on the spot, it shall permit the applicant to make such corrections on the spot;

(3) if the application materials are incomplete or do not satisfy the statutory format, it shall notify the applicant on the spot or within five days of all the missing information that needs to be submitted or information that needs to be corrected; or

(4) if the application materials are complete and comply with the statutory format or if the applicant, as required, has submitted all the missing or corrected application materials, it shall accept the land registration application.

Article 13: If it deems it necessary after accepting the land registration application, the competent land and resources administrative authority may make inquiries to the applicant about relevant particulars that are to be registered or conduct an onsite examination of the land for which registration is applied.

Article 14: The competent land and resources administrative authority shall carry out an examination of the land registration application that it has accepted and carry out the registration procedure in accordance with the following provisions:

(1) complete the land register, with the lot as the unit, based on the outcome of its examination of the land registration application;

(2) complete the land ownership card, with the rights holder as the unit, based on the relevant particulars of the land register; and

(3) complete the land rights certificate, with the lot as the unit, based on the relevant particulars of the land register. If a parcel of land is shared, a land rights certificate shall be completed for each of the two or more land rights holders.

Before carrying out the procedure for the registration of land ownership or leaseholds, the competent land and resources administrative authority shall obtain the approval of the people's government at the same level.

Article 15: The land register is the basis of the title to and the particulars of land rights. The land register shall record the following particulars:

(1) the name and address of the land rights holder;

(2) the nature of the title to the land, the type of use rights, the date it was obtained and the term of use, the right and changes in the particulars;

(3) the location, boundaries, area, lot number and purpose of the land, and the price at which it was acquired; and

(4) the details of the attachments to the land.

The land register shall bear the seal of the people's government.

If the land register is kept in electronic format, an offsite backup thereof shall be made every day.

Article 16: A land rights certificate is proof of the land rights enjoyed by the land rights holder.

The particulars recorded on the land rights certificate shall be consistent with those recorded on the land register. In the event of a discrepancy, the land register shall prevail, unless there is evidence showing that the land register is in error.

Article 17: Land rights certificates include the following:

(1) state-owned land use certificates;

(2) collective land ownership certificates;

(3) collective land use certificates; and

(4) certificates of third party rights to land.

State-owned construction leaseholds and state-owned agricultural leaseholds shall be recorded on state-owned land use certificates; collective construction leaseholds, homestead leaseholds and collective agricultural leaseholds shall be recorded on collective land use certificates; and land mortgages and easements may be recorded on certificates of third party rights to land.

Land rights certificates shall be centrally printed under the supervision of the State Council's competent land and resources administrative authority.

Article 18: Registration shall be withheld if:

(1) there is a dispute over the title to the land;

(2) a violation of land laws or regulations is unresolved or pending;

(3) the use fee for the land or other taxes and levies have not been paid in full in accordance with the law;

(4) the term of the land rights for which registration is applied exceeds the prescribed term; or

(5) another reason under which registration is to be withheld in accordance with the law.

If registration is withheld, the applicant shall be notified of the reason therefor in writing.

Article 19: The competent land and resources administrative authority shall complete the land registration examination procedures within 20 days from the date on which it accepted the land registration application. If the period needs to be extended due to special circumstances, it may be extended for up to 10 days subject to the approval of the person in charge of the competent land and resources administrative authority.

Article 20: The competent land and resources administrative authority shall be responsible for managing the documents and information generated in the course of a land registration.

The format of land registration applications, land registration examination and approval forms, land registration ownership cards and land registers shall be specified by the State Council's competent land and resources administrative authority.

PART THREE: GENERAL LAND REGISTRATION

Article 21: For the purposes of these Measures, the term “general land registration” means the comprehensive registration of all the land in a jurisdiction or of the land in a specific region within a certain period of time.

Article 22: A notice shall be issued for a General land registration. The main particulars of such a notice shall include the following:

(1) the division of the land registration areas;

(2) the term of the land registration;

(3) the place for the acceptance of the land registration documents;

(4) the relevant documents and materials that the land registration applicant is required to submit; and

(5) other particulars that need to be announced.

Article 23: The competent land and resources administrative authority shall announce the lots that satisfy the requirements for general registration. The main particulars of such an announcement shall include the following:

(1) the name and address of the land rights holder;

(2) the location, area and purpose of, the nature of the title and the type of use rights to, and the term of use of the land the registration of which has been approved;

(3) the deadline for, method of and organization accepting objections raised by the land rights holder and other materially interested parties; and

(4) other particulars that need to be announced.

Article 24: Once the announcement period expires, the competent land and resources administrative authority shall carry out the registration procedure after obtaining the approval of the people's government, if the parties have no objections to the outcome of the general land registration examination or if such an objection is found to be untenable.

PART FOUR: INITIAL REGISTRATION

Article 25: For the purposes of these Measures, the term “initial registration” means the registration, other than General land registration, of created land rights.

Article 26: If a state-owned construction leasehold is obtained through allocation in accordance with the law, the parties/party shall apply for initial registration of the allocated state-owned construction leasehold on the strength of relevant supporting documentation such as the land approval document issued by the people's government at the county level or above and the state-owned land allocation decision.

If a newly commenced medium-sized or large construction project uses allocated state-owned land, the construction project completion and acceptance report shall additionally be provided.

Article 27: If a state-owned construction leasehold is obtained through a grant in accordance with the law, the parties/party shall, after paying in full all of the state-owned land grant price, apply for initial registration of the granted state-owned construction leasehold on the strength of relevant supporting documentation such as the contract for the grant of the state-owned construction leasehold and the receipt for payment of the land grant price.

Article 28: If an allocated state-owned construction leasehold has been converted into a granted state-owned construction leasehold in accordance with the law, the parties/party shall apply for initial registration of the granted state-owned construction leasehold on the strength of relevant supporting documentation such as the original state-owned land use certificate, the grant contract and the receipt for the payment of the land grant price.

Article 29: If a state-owned construction leasehold is obtained through a state-owned land lease in accordance with the law, the parties/party shall apply for initial registration of the leased state-owned construction leasehold on the strength of relevant supporting documentation such as the lease contract and the receipt for the payment of the land rent.

Article 30: If a state-owned construction leasehold is obtained through a capital contribution of a state-owned leasehold for consideration or in exchange for an equity interest in accordance with the law, the parties/party shall apply for initial registration of the state-owned construction leasehold as a capital contribution for consideration or in exchange of an equity interest on the strength of the original state-owned land use certificate, the approval document for the use of the leasehold as a capital contribution or in exchange for an equity interest and other relevant supporting documentation.

Article 31: If a state-owned construction leasehold is obtained through state authorization for the operation of the same, the parties/party shall apply for initial registration of the state-owned construction leasehold authorized for operation on the strength of the original state-owned land use certificate, the approval document for the disposal of land assets and other relevant supporting documentation.

Article 32: An owner of farmers' collective land shall apply for initial registration of collective land ownership on the strength of documentation evidencing the collective land ownership.

Article 33: If collective land is to be used for construction purposes in accordance with the law, the parties/party shall apply for initial registration of the collective construction leasehold on the strength of the land approval document from the people's government with the approval authority.

Article 34: If a collective land owner is to establish an enterprise by using in accordance with the law the collective construction leasehold to acquire an equity interest, establish a joint operation, etc., he/she/it shall apply for initial registration of the collective construction leasehold on the strength of the approval document from the people's government with approval authority and the relevant contract.

Article 35: If collective land is to be used to engage in agricultural production in accordance with the law, the parties/party shall apply for initial registration of the collective agricultural leasehold on the strength of the agricultural land use contract.

Article 36: If a leasehold is to be mortgaged in accordance with the law, the mortgagee and mortgagor shall apply for registration of the mortgage of the leasehold on the strength of the land rights certificate, principal claim/debt contract, mortgage contract and relevant supporting documentation.

If a single lot has more than one mortgage created over it, mortgage registration shall be carried out in the order the mortgage registration applications were made.

If the conditions for mortgage registration are satisfied, the competent land and resources administrative authority shall record the relevant particulars specified in the mortgage contract in the land register and on the land rights certificate and issue to the mortgagee a certificate of third party rights to land. If the mortgage for which registration is applied is a mortgage to a maximum amount, particulars such as the maximum claim amount secured and the term of the mortgage to a maximum amount shall be recorded.

Article 37: If, after an easement is created over land, the parties apply for registration of the easement, the holder of the servient tenement and the holder of the dominant tenement shall submit relevant supporting documentation such as the land rights certificates and easement contract to the competent land and resources administrative authority.

If the conditions for easement registration are satisfied, the competent land and resources administrative authority shall record the relevant particulars specified in the easement contract in the land registers and on the land rights certificates for the servient tenement and the dominant tenement and retain the easement contract in the lot files for the servient tenement and the dominant tenement.

If the servient tenement and the dominant tenement fall under the jurisdiction of different competent land and resources administration authorities, the parties may apply to the competent land and resources administrative authority responsible for the registration of the servient tenement for registration of the easement. After the competent land and resources administrative authority responsible for the registration of the servient tenement completes the registration, it shall notify the competent land and resources administrative authority responsible for the registration of the dominant tenement, which shall record the same in the land register for the dominant tenement.

PART FIVE: REGISTRATION OF CHANGES

Article 38: For the purposes of these Measures, the phrase “registration of a change” means registration carried out due to a change in the land rights holder or due to a change in particulars such as the name or address of the land rights holder and the purpose of the land.

Article 39: If a state-owned construction leasehold obtained through a grant, state-owned land lease, capital contribution for consideration or in exchange for an equity interest is to be assigned in accordance with the law, the parties shall apply for registration of the change in the state-owned construction leasehold on the strength of the original state-owned land use certificate and the relevant supporting documentation evidencing the transfer of the land rights.

Article 40: If a construction leasehold is transferred in accordance with the law due to the sale and purchase, exchange or bestowal of buildings, structures and ancillary facilities on the land, the parties shall apply for registration of the change in the construction leasehold on the strength of the original state-owned land use certificate, the amended premises title certificate and the relevant supporting documentation evidencing the transfer of the leasehold. If an allocated leasehold is transferred, the parties shall also provide the approval document from the people's government with approval authority.

Article 41: If a leasehold is transferred due to the merger, division, consolidation, bankruptcy, etc. of a legal person or other organization, the parties shall apply for registration of the change in the leasehold on the strength of relevant supporting documentation such as the relevant agreement, the approval document from the relevant authority and the original land rights certificate.

Article 42: If a leasehold is obtained through the disposal of mortgaged property, the parties shall, after the disposal of the mortgaged property, apply for registration of the change in the leasehold on the strength of the relevant supporting documents.

Article 43: If a leasehold is assigned in accordance with the law during the term of a mortgage thereof, the parties shall apply for registration of the change in the leasehold on the strength of the written proof of the mortgagee's consent to the assignment, the assignment contract and other relevant supporting documentation.

After the mortgaged leasehold is assigned, the parties shall carry out registration of the change in the land mortgage on the strength of the land rights certificate and the certificate of third party rights to land.

Article 44: If a land mortgage registered in accordance with the law is assigned as a result of the assignment of the principal claim, the assignor and assignee of the principal claim may carry out registration of the change in the land mortgage on the strength of relevant supporting documentation such as the original certificate of third party rights to land, the assignment agreement and proof of notification of the debtor.

Article 45: If a leasehold is obtained as the result of an effective legal document from a people's court or arbitration institution or as a result of succession or bequeathal and the parties/party apply/applies for the registration thereof, they/he/she/it shall apply for registration of the change in the leasehold on the strength of relevant supporting documentation such as the effective legal document or death certificate and will.

If the rights holder assigns the leasehold or creates a mortgage over the land before carrying out the registration, he/she/it shall, after first applying for registration of the land rights under his/her/its name in accordance herewith, apply for registration of the change in the land rights.

Article 46: If the parties apply for registration after a leasehold encumbered by an easement is transferred, the holder of the servient tenement and the holder of the dominant tenement shall apply for registration of the change in the easement on the strength of relevant supporting documentation such as the amended easement contract and land rights certificate.

Article 47: If the name or address of the land rights holder changes, he/she/it shall apply for registration of the change in name or address on the strength of relevant supporting documentation such as the original land rights certificate.

Article 48: If a change in the purpose of the land occurs, the parties/party shall apply for registration of the change in the purpose of the land on the strength of the relevant approval document and the original land rights certificate.

If, in accordance with the law, an additional land grant price needs to be paid in connection with the change in the purpose of the land, the parties/party shall additionally provide the receipt of payment of the additional land grant price.

PART SIX: CANCELLATION OF REGISTRATION

Article 49: For the purposes of these Measures, the phrase “cancellation of registration” means the registration carried out in connection with the extinguishing of land rights.

Article 50: Cancellation of registration may be carried out directly if:

(1) state-owned land is recovered in accordance with the law;

(2) farmers' collective land is requisitioned in accordance with the law; or

(3) the effective legal document of a people's court or arbitration institution causes the extinguishing of the original land rights and the parties/party fail(s) to carry out the cancellation of registration.

Article 51: If land rights are extinguished due to a natural disaster or other such reason, the original land rights holder shall apply for cancellation of registration on the strength of the original land rights certificate and relevant supporting documentation.

Article 52: If a state-owned construction leaseholder does not apply for renewal at the expiration of the term of the non-residential state-owned construction leasehold or his/her/its application for renewal is not approved, the parties/party shall apply for cancellation of registration on the strength of the original land rights certificate within 15 days before the expiration of the term.

Article 53: If a registered land mortgage or easement terminates, the parties shall apply for cancellation of the registration of the mortgage or easement on the strength of the relevant supporting documents within 15 days from the date on which the land mortgage or easement terminated.

Article 54: If parties fail to apply for cancellation of registration in accordance with Article 51, 52 or 53 hereof, the competent land and resources administrative authority shall order them to do so within a specified period of time. If they fail to do so within the specified period of time, a cancellation announcement shall be made and cancellation of registration may be carried out directly once the announcement period expires.

Article 55: If the term of a land mortgage expires and the parties fail to apply for cancellation of the registration of the mortgage of the leasehold, the competent land and resources administrative authority may not directly cancel the registration of the mortgage of the leasehold unless the term of the leasehold over which the mortgage was created has expired.

Article 56: Once a land registration has been cancelled, the land rights certificate shall be recovered. If the land rights certificate genuinely cannot be recovered, the same shall be noted in the land register and the certificate shall become null and void upon announcement.

PART SEVEN: OTHER REGISTRATIONS

Article 57: For the purposes of these Measures, the term “Other Registrations” includes corrections of registrations, registrations of objections, pre-announcement registrations and registrations of placements under seal.

Article 58: If the competent land and resources administrative authority discovers an error in the particulars recorded in the land register, it shall correct the registration after receiving the approval of the people's government and notify the parties/party in writing to carry out the procedures for the replacement or cancellation of the original land rights certificate within a specified period of time. If the parties/party fail(s) to carry out the procedures by the specified deadline, the original land rights certificate shall become null and void after the competent land and resources administrative authority obtains the approval of the people's government and makes an announcement.

If the correction of the registration has a bearing on the ownership of the land rights, the results of the correction of the registration shall be announced.

Article 59: If the land rights holder is of the opinion that there is an error in the particulars recorded in the land register, he/she/it may apply for correction of the registration on the strength of the original land rights certificate and relevant materials evidencing the registration error. If a materially interested party is of the opinion that there is an error in the particulars recorded in the land register, he/she/it may apply for correction of the registration on the strength of a document evidencing the land rights holder's written consent to the correction.

Article 60: If the rights holder recorded in the land register does not consent to the correction, the materially interested party may apply for registration of his/her/its objection.

If the conditions for the registration of an objection are satisfied, the competent land and resources administrative authority shall record the relevant particulars in the land register, issue to the applicant proof of the registration of his/her/its objection and notify the land rights holder recorded in the land register thereof in writing.

During the term of the registration of the objection, a registration of the change in the land rights may not be carried out or a mortgage created over the land without the consent of the rights holder of the registered objection.

Article 61: The applicant that applied for registration of an objection or the land rights holder recorded in the land register may apply for cancellation of the registration of the objection on the strength of the relevant documentation if:

(1) the applicant that applied for registration of the objection does not institute a legal action within 15 days from the date on which the objection was registered;

(2) the people's court does not accept the lawsuit filed by the applicant that applied for registration of the objection; or

(3) the people's court does not uphold the claims of the applicant that applied for registration of the objection.

Once the registration of the objection becomes null and void, the competent land and resources administrative authority shall not accept another application from the original applicant for registration of an objection in respect of the same matter.

Article 62: After executing an agreement for the assignment of land rights, the parties may, as specified, apply for pre-announcement registration on the strength of the assignment agreement.

If the application satisfies the conditions for pre-announcement registration, the competent land and resources administrative authority shall record the relevant particulars in the land register and issue to the applicant a proof of pre-announcement registration.

If, after the pre-announcement registration, the parties fail to apply for land registration after the extinguishing of the claim or within three months from the date on which land registration became possible, the pre-announcement registration shall become null and void.

During the term of the pre-announcement registration, a registration of the change in the land rights or registration of a land mortgage or easement may not be carried out without the consent of the pre-announcement registration rights holder.

Article 63: The competent land and resources administrative authority shall, subject to the approval of the people's government, record the particulars of a placement under seal or preliminary placement under seal in the land register based on the ruling for placement under seal and the notice to assist in enforcement provided by the people's court.

Article 64: When a competent land and resources administrative authority assists a people's court in taking enforcement measures over a leasehold, it shall not carry out a substantive examination of the effective legal document or the notice of assistance in enforcement. If the competent land and resources administrative authority is of the opinion that the people's court's ruling for placement under seal or preliminary placement under seal or other effective legal document is in error, it may advise the people's court to examine the same, but it may not halt the handling of the matters that it is assisting in enforcing.

Article 65: With respect to the placement under seal of a leasehold that a person subject to execution has obtained as a result of succession, a judgment or enforcement but for which registration of the change has not been carried out, the competent land and resources administrative authority shall first carry out the procedures for the registration of the change on the strength of the proof of succession, effective judgment or enforcement ruling on the basis of which the person subject to execution obtained the property and the notice of assistance in enforcement, etc. submitted by the people's court that is enforcing the placement under seal, and then carry out the registration of the placement under seal.

Article 66: If a leasehold is registered under the name of the person subject to execution during the term of the registration of the preliminary placement under seal, such registration of the preliminary placement under seal shall automatically become a registration of placement under seal.

Article 67: If two or more people's courts place the same parcel of land under seal, the competent land and resources administrative authority shall carry out the procedures for the registration of placement under seal for the people's court that served the notice of assistance in enforcement on it first, and carry out the procedures for registration of an awaiting placement under seal for the people's court or people's courts that served the notice(s) of assistance in enforcement on it subsequently and inform it or them in writing of the fact that the leasehold has been placed under seal by another people's court and relevant information on the placement under seal.

The sequence for registrations of awaiting placements under seal shall be arranged in the order of the dates of service of the notices of assistance in enforcement from the people's courts. Once a court that effected a placement under seal lifts the seal, the awaiting placement under seal next in line shall automatically become the placement under seal. If a court that effected a placement under seal disposes of all of the leasehold, all of the subsequent awaiting placements under seal shall automatically become null and void. If a court that effected a placement under seal disposes of a portion of the leasehold, the awaiting placement under seal next in line shall automatically become the placement under seal over the remaining portion.

The procedures for the registration of an awaiting preliminary placement under seal shall be carried out with reference to the first and second paragraphs of this Article.

Article 68: If the period of placement under seal or preliminary placement under seal expires or the people's court lifts the seal, the registration of the placement under seal or preliminary placement under seal shall become null and void and the competent land and resources administrative authority shall cancel such registration.

Article 69: With respect to a leasehold that has been placed under seal or preliminarily placed under seal by a people's court, a registration of a change in the land rights or registration of a land mortgage or easement may not be carried out during the time of such placement under seal or preliminary placement under seal.

PART EIGHT: PROTECTION OF LAND RIGHTS

Article 70: State-owned leaseholds, collective land ownership, collective leaseholds, land mortgages and easements registered in accordance with the law shall be protected by law and may not be infringed by any work unit or individual.

Article 71: The competent land and resources administrative authorities of people's governments at the county level and above shall strengthen the establishment of their land registration result information systems and databases so as to realize the sharing of information on state and local land registration results and permit searching of such information from outside the home area.

Article 72: The state implements a system under which the public may search land registration information. Land rights holders and materially interested parties may apply for access to land registration information and the competent land and resources administrative authorities shall provide such information.

The searching of land registration information by the public shall be handled in accordance with the Measures for Searches of land registration Information by the Public.

PART NINE: LEGAL LIABILITY

Article 73: If a party forges a land rights certificate, the competent land and resources administrative authority of the people's government at the county level or above shall confiscate such forged certificate. If the circumstances are serious and a criminal offence is constituted, criminal liability shall be pursued in accordance with the law.

Article 74: If a member of the working personnel of a competent land and resources administrative authority is derelict in his/her duties, abuses his/her authority or practises favouritism by committing fraud in the course of his/her land registration work, he/she shall be subjected to administrative penalties in accordance with the law. If a criminal offence is constituted, his/her criminal liability shall be pursued in accordance with the law.

PART TEN: SUPPLEMENTARY PROVISIONS

Article 75: If determined by a people's government of a province, autonomous region or municipality directly under the central government that one authority of a local people's government at the county level or above shall be responsible for the registration of both land and premises, the land registration matters involved in the course of its real property registration shall comply with these Measures, and the contents and format of its real property title certificates shall be submitted to the State Council's competent land and resources administrative authority for approval.

Article 76: If, in accordance herewith, announcement of a land registration is required, such announcement shall be made on the website of the people's government or competent land and resources administrative authority.

Article 77: If a land rights certificate is lost, the land rights holder may apply for reissuance thereof only after publishing a statement of loss in the designated media. The reissued land rights certificate shall carry the word “reissued”.

Article 78: These Measures shall be effective as of February 1 2008.