Central Document No. 1 Land Rights Confirmation Detailed Rules

Chapter 1, General Provisions, Article 1 of the Implementing Rules for Confirmation of Land Rights. These regulations are formulated in accordance with the "Legal Provisions of the People's Republic of my country" (hereinafter referred to as the "Land Management Law"). Chapter 2 Ownership and Use Rights of Land Article 2 The following lands are owned by the whole people, that is, by the state:

(1) Land in urban areas;

(2) Rural and urban areas Land in the suburbs that has been confiscated, expropriated and requisitioned as state-owned according to law;

(3) Land expropriated by the state according to law;

(4) Woodland, grassland, grassland, etc. that are not collectively owned according to law; Wasteland, tidal flats and other land;

(5) When all members of a rural collective economic organization become urban residents, the land originally collectively owned by their members;

(6) Due to national Due to organized migration, natural disasters and other reasons, the land originally owned by the collective of the relocated farmers is no longer used after the collective relocation of farmers to organized areas. Article 3 The state implements a land registration and certification system in accordance with the law. Land ownership and land use rights registered in accordance with the law are protected by law and may not be infringed upon by any unit or individual. The content of land registration and the format of the land ownership certificate shall be uniformly stipulated by the land administration department of the State Council. Land registration information is publicly available for inspection. Confirmation of ownership or use rights of forest land and grassland, and confirmation of aquaculture use rights of water surfaces and tidal flats shall be handled in accordance with the relevant provisions of the Forest Law, Grassland Law and Fisheries Law respectively. Article 4 For land collectively owned by farmers, the landowner shall apply for land registration to the land administration department of the people's government at the county level where the land is located, and the people's government at the county level shall register and issue a collective land ownership certificate to confirm ownership. If the land collectively owned by farmers is used for non-agricultural construction in accordance with the law, the land user shall submit a land registration application to the land administration department of the county-level people's government where the land is located, and the county-level people's government will register and issue a collective land use right certificate. Confirm construction land use rights. The People's Government of a districted city may conduct unified registration of land collectively owned by farmers within the municipality's jurisdiction. Article 5 For state-owned land used by entities and individuals in accordance with the law, the land user shall submit a land registration application to the land administration department of the people's government at or above the county level where the land is located, and the people's government at or above the county level shall register and issue a state-owned land use right certificate. , confirm the right to use. Which department is responsible for the registration and certification of state-owned land used by central state agencies? The registration and certification of state-owned land used by central state agencies shall be the responsibility of the land administration department of the State Council. The specific registration and certification procedures shall be formulated by the land administration department of the State Council in conjunction with the State Council Agency Affairs Administration and other relevant departments. State-owned land with undetermined use rights shall be registered and registered by the people's government at or above the county level and shall be responsible for protection and management. Article 6 If the land ownership and use rights are changed in accordance with the law, and the land use rights are transferred due to the legal transfer of buildings, structures and other attachments on the ground, an application for land change registration must be submitted to the land administration department of the people's government at or above the county level where the land is located, The original land registration authority shall register changes in land ownership and use rights in accordance with the law. Changes in land ownership and use rights shall take effect from the date of registration of the change. If the land use is changed in accordance with the law, an application for land change registration must be submitted to the land administration department of the people's government at or above the county level where the land is located with the approval document, and the original land registration authority will register the change in accordance with the law. Article 7 In accordance with the relevant provisions of the "Laws and Regulations of the People's Republic of my country", if the land use rights of the land-using unit are recovered, the original land registration authority shall cancel the land registration. When the use period agreed in the paid use contract of land use rights expires and the land user fails to apply for renewal or is not approved despite applying for renewal, the original land registration authority shall cancel the land registration. To sum up, regarding the detailed rules for confirming land rights in the Central Document No. 1, there are relevant policies, which are very detailed and well-organized.

Legal basis: "The People's Republic of China and the Civil Code"

Article 362: The holder of the right to use the homestead has the right to occupy and use the collectively owned land in accordance with the law. rights and the right to use the land to build residences and ancillary facilities in accordance with the law.

Article 363: The acquisition, exercise and transfer of homestead use rights shall be subject to land management laws and relevant national regulations.

Article 364: If the homestead is lost due to natural disasters or other reasons, the right to use the homestead shall be extinguished. For villagers who have lost their homesteads, their homesteads should be redistributed in accordance with the law.

Article 365: If the registered right to use homestead land is transferred or eliminated, registration change or deregistration shall be processed in a timely manner.