Implementing Rules of the Interim Regulations on Real Estate Registration

　　Order of the Ministry of Land and Resources of the People's Republic of China No. 63

　　January 1, 2016

　　Implementing Rules of the Interim Regulations on Real Estate Registration, adopted at the third executive meeting of the Ministry of Land and Resources on June 29, 2015, are hereby promulgated and shall come into force as of the promulgation date.

　　Jiang Daming,Minister of the Ministry of Land and Resources of the People's Republic of China

　　Implementing Rules of the Interim Regulations on Real Estate Registration

　　(Adopted at the third executive meeting of the Ministry of Land and Resources on June 29, 2015)

　　Contents
　　Chapter I General Provisions
　　Chapter II Real Estate Register
　　Chapter III Registration Procedures
　　Chapter IV Registration of Real estate Rights
　　Section 1 General Provisions on the Registration of Real Estate Rights
　　Section 2 Registration of Collective Land Ownership
　　Section 3 Registration of State-owned Construction Land Use Right and House Ownership
　　Section 4 Registration of Residential Land Use Right and House Ownership
　　Section 5 Registration of Collective Construction Land Use Right and Ownership of Constructions and Structures
　　Section 6 Registration of Land Lease and Management Right
　　Section 7 Registration of Sea Areas Use Right
　　Section 8 Easement Right Registration
　　Section 9 Mortgage Right Registration
　　Chapter V Other Registrations
　　Section 1 Registration of Corrections
　　Section 2 Dissidence Registration
　　Section 3 Advance Notice Registration
　　Section 4 Close-down Registration
　　Chapter VI Inquiry, Protection and Use of Real Estate Registration Materials
　　Chapter VII Legal Liabilities
　　Chapter VIII Supplementary Provisions

　　Chapter I General Provisions

　　Article 1 In order to regulate the real estate registration, refine the uniform registration system, offer convenience for the public in registration and protect the legal rights and benefits of right holders, these Implementing Rules are hereby formulated in accordance with the Interim Regulations on Real Estate Registration (hereinafter referred to as the "Regulations").

　　Article 2 Real estate registrations shall be applied by the party concerned, unless otherwise stipulated in laws, administrative regulations and these Implementing Rules.
　　Such constructions and structures as buildings and fixtures and forests and woods shall be registered together with the land and sea areas to which they are attached, in order to maintain the same subjects of rights.

　　Article 3 Where the real estate registration organ, according to the provisions stipulated in Item 2 Article 7 of the Regulations, negotiates for the registration or accepts the registration executed by specific organs for the real estate registration across administrative regions at the county level, it shall inform other registration organs in the areas concerned of the names of right holders indicated in the register and the registration results, including the location, boundary, area, use and the type of rights, once the registration has been accomplished.

　　Article 4 The registration of such real estates as forests, woods and forest land in key state-owned forest districts identified by the State Council, shall be accepted by the Ministry of Land and Resources and processed in concert with other departments concerned. And the ownership certificate of real estate shall be thereafter issued to the right holder according to laws.
　　The Ministry of Land and Resources shall accept the registration of the sea areas and islands used for projects approved by the State Council and issue the ownership certificate of real estate to the right holder.
　　The state-owned land used by central state organs shall be registered in accordance with the Measures for the Registration of Land Used by the Central Organs of the State in Beijing.

　　Chapter II Real Estate Register

　　Article 5 The real estate unit indicated in Article 8 of the Regulations refers to the space with defined boundaries and independent use value.
　　The space of the land and sea area with defined boundaries and without constructions or structures such as buildings thereon, or without any fixtures such as forest and woods thereon, shall be deemed as a real estate unit.
　　If there are constructions and structures such as buildings, and fixtures such as forest and woods, the space with defined boundaries together with such constructions, structures and fixtures shall be deemed as a real estate.
　　Buildings in the aforesaid paragraphs shall include an independent block of building with defined boundaries as well as the suites, storeys and rooms in the building with defined boundaries and could be used independently.

　　Article 6 The real estate register shall be compiled in units of cadastral parcels or parcel seas. All real estate units on a single cadastral parcel or parcel sea shall be compiled into one real estate register.

　　Article 7 The real estate registration organs shall be equipped with dedicated electronic storage devices for the registration and take protective measures for the security of information network in order to ensure the security of the electronic data.
　　Entities and individuals are prohibited from copying or amending information in the real estate register without approvals.

　　Article 8 Personnel responsible for the verification and recording of real estate registrations shall be familiar with relevant laws and regulations and be qualified with relevant professional knowledge suitable for their positions.
　　The Ministry of Land and Resources in concert with other relevant departments shall organize the appraisal training for such personnel responsible for the verification and recording of the registrations.

　　Chapter III Registration Procedures

　　Article 9 Applicants of the real estate registration shall fill in the registration application form and provide the identity proof together with other application materials.
　　Application materials provided shall be the original copies. Photocopies thereof which are the same as the original ones may be accepted if the originals cannot be provided due to special circumstances.

　　Article 10 In case of application for the registration for the disposal of a co-owned real estate, the consent of at least two thirds of the divided co-owners or all joint co-owners for such registration shall be obtained, unless otherwise agreed by the co-owners.
　　Where a divided co-owner transfers his share of a co-owned real estate, the application for registration shall be made jointly by the divided co-owner and the assignee.
　　In case of application for the registration for the real estate within the planned construction scope legally co-owned by all owners, such registration shall be processed in accordance with Article 36 in these Implementing Rules.

　　Article 11 If a citizen that has no capacity or limited capacity for civil acts applies for real estate registration, the application shall be made by his guardians instead.
　　In case of application submitted by the guardian, identity cards or residence booklets of both the guardian and the person under the guardianship and materials on the guardianship shall be provided. If the registration is applied for the disposal of real estate, additional written undertaking to protect the rights and benefits of the person under the guardianship shall be provided.
　　Where guardians other than parents dispose of real estate owned by minors, materials on the guardianship include legal documents issued by the People's Court for the designated guardianship, notarized materials that such guardians are entitled to the guardianship of the minors or other materials.

　　Article 12 The party concerned may appoint others to apply for registration of real estate.
　　In case of registration applied for by an agent, the agent shall submit the power of attorney signed or sealed by the party concerned to the real estate registration organs.
　　Where a natural person dispose of real estate and appoints an agent to apply for the registration, such person shall sign a power of attorney together with the agent on site at the real estate registration organ, except in the event of the power of attorney having been notarized.
　　Where an overseas applicant appoints others to deal with the real estate disposal registration, the power of attorney thereof shall be authenticated or notarized according to relevant provisions of the State.

　　Article 13 Before the matters applied for registration are recorded on the real estate register, the registration organs shall, if all the applicants request the withdrawal of the registration application, return the registration application form and relevant materials to the applicants.

　　Article 14 Regarding application for the registration for rights to real estate obtained due to inheritance or acceptance of bequest, the party concerned shall submit proof materials of death, testament or the agreement arrived by all heirs at law on the distribution of the real estate and materials on the kinship with the decedent, or other notarized materials and effective legal documents.

　　Article 15 Once the registration organs have accepted the application for the registration of the real estate, they shall examine and verify the following matters,
　　1. Whether subjects for the application conform to those in the identity proofs of the applicant or the agent and the power of attorney;
　　2. Whether items to be registered conform to those in the materials on the origin for the ownership or documents concerning reasons for registration;3. Whether the investigation results, including the boundary, space boundary, area of the real estate, are complete, whether the ownership and the boundary are clearly stated and the area accurate;
　　4. Whether the tax payment vouchers or payment certificates required by laws and administrative regulations are complete.

　　Article 16 On-site inspection of the real estate by the registration, paying close attention to the following:
　　1. For the first-time registration of the ownership of such constructions and structures as buildings, the coordinates of buildings and the completion of constructions shall be inspected;
　　2. For the registration of mortgage right to buildings under construction, the coordinates of mortgaged buildings under construction and situations of the construction shall be inspected;
　　3. For deregistration due to the loss of the real estate, situations of the loss of the real estate shall be inspected.

　　Article 17 For any circumstance listed as follows, it shall be announced by the registration organs before registration items are recorded on the real estate register, excluding circumstances relevant to state secrets:
　　1. Registration of the collective land ownership organized by the government;
　　2. First registration of rights to the real estate, including the residential land use right and house ownership, the collective construction land use right and ownership of constructions and structures and land lease and management right;
　　3. Registration of corrections according to authority;
　　4. Deregistration according to authority;
　　5. Other circumstances stipulated by laws and administrative regulations.
　　Announcement shall be made on such designated places as the portal of registration organs and the location of the real estate, for at least 15 working days. Time needed for the announcement shall be excluded from the handling period of the registration. When no objection has been raised upon expiration of the announcement period, or the objection raised is untenable, registration items shall be recorded promptly on the real estate register.

　　Article 18 Announcement for the real estate registration shall include the following core information:
　　1. Name of right holders of the real estate to be registered;
　　2. Location, area, use and type of rights to be registered;
　　3. Time limit and method for raising objections and institutions for accepting such objections;
　　4. Other matters needed to be announced.

　　Article 19 A concerned party may apply for registration with the effective legal documents of the People's Court or Arbitration Committee or the effective decisions of the people's government.
　　In case of any circumstance listed as follows, the registration organs shall deal with the real estate registration directly:
　　1. The registration organs are required to deal with the registration by the People's Court with the effective legal documents and the notice for assistance in enforcement;
　　2. The registration organs are required to deal with the close-down registration by the people's procuratorate and public security organs with the notice for assistance in close-down;
　　3. After the people's government has made the decisions on the expropriation or resumption of rights to the real estate, the registration organs are required to deal with deregistration;
　　4. Other circumstances stipulated by laws and administrative regulations.
　　The registration organs, if raising objections to registration items, shall put forward examination suggestions to relevant authorities.

　　Article 20 The registration organs shall, in accordance with the real estate register, fill in and issue the ownership certificates or the registration certificates after verification.
　　Applicants for the mortgage right registration, easement right registration, dissidence registration and the advance notice registration shall be issued with the registration certificates, while those for other type of registration shall be issued with the ownership certificates by the registration organs in accordance with laws.
　　Both the ownership certificates and the registration certificates shall be sealed with the registration stamp by the registration organs.
　　Templates of the ownership certificate and the registration certificate shall be uniformly formulated by the Ministry of Land and Resources.

　　Article 21 For application for the registration of co-owned real estate, the registration organs shall issue a single ownership certificate to all co-owners. The registration organs, upon the request from the co-owners, may issue an ownership certificate to each of the co-owners respectively.
　　Information on the co-ownership and names of all the co-owners shall be recorded on the co-ownership certificate.

　　Article 22 In the event that the ownership certificate or registration certificate is stained or torn, the party concerned may apply to the registration organs for replacement of such certificate. If the requirements on replacement are met, the registration organs shall issue a replacement certificate and collect the original ownership certificate or registration certificate.
　　In the event that the ownership certificate or registration certificate is lost or destroyed and the right holders apply for re-issuance, the registration organs shall publish a notice for the lost or destroyed property of such right holders on their portals and then re-issue the certificate 15 working days after the notice.
　　In the event that the registration organs re-issue the certificate, they shall record the items of the re-issued certificate on the real estate register and inscribe the re-issued certificate with the Chinese characters of "Re-issuance".

　　Article 23 In the event that the registration organs need to resume the ownership certificate or registration certificate due to such reasons as the extinguishment of rights to the real estate, matters on the resumption of the ownership certificate or registration certificate shall be stated on the real estate register. If the certificate cannot be resumed, it shall be declared void in an announcement published on the portals of the registration organs or local public newspapers.

　　Chapter IV Registration of Rights to the Real Estate

　　Section 1 General Provisions

　　Article 24 The first-time registration of the real estate refers to the initial registration of rights to the real estate.
　　If the first-time registration has not been made, other types of registration on the real estate shall not be processed, unless otherwise stipulated by laws and administrative regulations.

　　Article 25 The people's government at the municipal and county level may, according to situations concerning the unregistered real estate in their jurisdiction, organize the first-time registration of collective land ownership, residential land use right, collective construction land use right as well as land lease and management right.
　　According to the previous paragraph, materials on the origin and investigation of the ownership needed for the first-time registration shall be obtained by the relevant departments of the people's government.

　　Article 26 In case of any of the following circumstances, right holders of the real estate may apply for the change of registration at the real estate organs:
　　1. Changes to the name, title, type of identity certificates or the identity card number;
　　2. Changes to the location, boundary, use and area of the real estate;
　　3. Changes to such situations as the period of rights to the real estate and the origin;
　　4. Partition or merger of the real estate by the same right holder;
　　5. Changes to the scope of security covered by the mortgage, the amount of the principal obligation secured, the time limit for performance of the obligation and the mortgage ranking;
　　6. Changes to the scope of creditor's rights of security covered by the ceiling mortgage, the amount of the ceiling mortgage and the period of the determined creditor's rights;
　　7. Changes to the purpose and methods of easement right;
　　8. Modifications to the nature of co-ownership;
　　9. Other circumstances stipulated by laws and administrative regulations on changes that do not result in the transfer of rights to the real estate.

　　Article 27 Party concerned may apply for transfer registration at the registration organs when there is a transfer of rights to real estate due to the following circumstances:
　　1. Sale and purchase, exchange or donation of the real estate;
　　2. Investing or buying shares with the real estate;
　　3. Transfer of rights to the real estate due to such reasons as the merger or division of the legal person or other institutions;
　　4. Partition or merger of the real estate that results in the transfer of rights to the real estate;
　　5. Transfer of rights to the real estate due to inheritance or acceptance of bequest;
　　6. Increase or decrease of the number of co-owners and changes to the proportion of co-owned real estate;
　　7. Transfer of rights to the real estate resulting from the effective legal documents issued by the People's Court or arbitration committee;
　　8. Transfer of mortgage rights to the real estate due to the transfer of principal obligation;
　　9. Transfer of easement rights due to the transfer of rights to the dominant tenement;
　　10. Other circumstances stipulated by laws and administrative regulations on the transfer of rights to the real estate.

　　Article 28 In case of any circumstance listed as follows, the party concerned may apply for deregistration:
　　1. Extinguishment of the real estate;
　　2. The right holder's forfeiture of rights to the real estate;
　　3. Confiscation, expropriation or resumption of the real estate;
　　4. Loss of rights to the real estate due to effective legal documents issued by the People's Court or arbitration committee;
　　5. Other circumstances stipulated by laws and administrative regulations.
　　In case of mortgage right, easement right that has been set up on the real estate or the advance notice registration that has been processed for the real estate, if right holders or persons who have the use right apply for deregistration due to their forfeiture of rights, such applicants shall provide written documents agreed to by the mortgagee, easement holder, or right holder in the advance notice registration.

　　Section 2 Registration of Collective Land Ownership

　　Article 29 Application for registration of collective land ownership shall be in accordance with the following provisions:
　　1. Where the land is owned by a rural collective of a village, the registration application shall be by the collective economic organization of the village, or the village committee if there is no such collective economic organization;
　　2. Where the land is owned by two or more rural collectives, the registration application shall be by all collective economic organizations of the village, or the village groups if there is no such collective economic organization;
　　3. Where the land is owned by a rural collective of a village (town), the registration shall be applied for by the collective economic organization of the village (town).

　　Article 30 For the first-time registration of collective land ownership, the following materials shall be provided:
　　1. Materials on the origin of the land ownership;
　　2. Ownership investigation form, land map and coordinates of the boundary of the land;
　　3. Other necessary materials.

　　Article 31 When the rural collective applies for the transfer registration of collective land ownership where the transfer is caused by exchange of or adjustments to the land, the following materials shall be provided:
　　1. Ownership certificate of the real estate;
　　2. Materials on the transfer of collective land ownership, including the exchange or adjustment agreement;
　　3. Materials on the vote passed by at least two-thirds majority of members in the collective economic organization or approved by at least two-thirds of the village representatives;
　　4. Other necessary materials.

　　Article 32 Where a change of registration or deregistration is applied for in respect of a collective land ownership, the following materials shall be provided:
　　1. Ownership certificate of the real estate;
　　2. Materials on the change or extinguishment of collective land ownership;
　　3. Other necessary materials.

　　Section 3 Registration of State-owned Construction Land Use Right and House Ownership

　　Article 33 Registration of state-owned construction land use right may be applied for independently where the state-owned construction land use right is lawfully obtained.
　　The state-owned construction land that is lawfully used for building houses may apply for registration of such land use right and house ownership.

　　Article 34 With respect to the first-time registration of state-owned construction land use right, the following materials shall be provided:
　　1. Materials on the origin of the land ownership;
　　2. Ownership investigation form, land map and coordinates of the boundary of the land;
　　3. Payment vouchers for the land assignment cost, land revenue and relevant taxes; and
　　4. Other necessary materials.
　　Materials on the origin of the land ownership stipulated in the paragraph above, depending on the way in which the right was obtained, include the Decision on Allocating State-owned Construction Lands, Assignment Contract of State-owned Construction Land Use Right, Lease Contract of State-owned Construction Land Use Right, and approval materials on investing (buying shares) with state-owned construction land use right and authorized operation.
　　Registration of state-owned construction land use right created separately to cover use above or under the ground shall be processed according to this article.

　　Article 35 For the first-time registration of state-owned construction land use right and house ownership, the following materials shall be provided:
　　1. Ownership certificate of the real estate or materials on the origin of land ownership;
　　2. Materials showing that the construction project in question meets planning requirements;
　　3. Materials showing that the construction for the house in question has been completed;
　　4. Investigation or surveying report for the real estate;
　　5. Payment vouchers of relevant taxes;
　　6. Other necessary materials.

　　Article 36 For the first-time registration of house ownership, roads, green space, other public spaces, common facilities and premises used for property management services within the building area shall be registered, by the applicant, as co-owned by all the owners. In the event that the owner transfers the house ownership, his rights to the proportion of co-ownership shall be transferred together with the house ownership according to law.

　　Article 37 For the change of registration of state-owned construction land use right and house ownership, the following materials shall be provided as the case may be:
　　1. Ownership certificate of the real estate;
　　2. Materials concerning such change;
　　3. Approval documents issued by the people's government or competent authorities with approval authority;
　　4. Assignment Contract of State-owned Construction Land Use Right or supplementary agreements thereof;
　　5. Payment vouchers of the land assignment cost and taxes;
　　6. Other necessary materials.

　　Article 38 For the transfer registration of state-owned construction land use right and house ownership, the following materials shall be provided as the case may be;
　　1. Ownership certificate of the real estate;
　　2. Sale and purchase, exchange or gift agreement;
　　3. Materials concerning the inheritance or acceptance of bequest;
　　4. Partition or merger agreement;
　　5. Effective legal documents issued by the People's Court or arbitration committee;
　　6. Approval documents issued by the people's government or competent authorities with approval authority;
　　7. Payment vouchers of relevant taxes;
　　8. Other necessary materials.
　　Where sales contract of the real estate need to be filed according to law,, the applicant shall also provide the filed sales contract when applying for registration.

　　Article 39 Registration for any space that has independent use value, or other constructions and structures including docks and oil tanks may be made with reference to relevant provisions on the registration of house ownership in these Implementing Rules.

　　Section 4 Registration of Residential Land Use Right and House Ownership

　　Article 40 Independent registration of residential land use right may be applied for where such land use right is obtained lawfully.
　　The residential land that is lawfully used for building houses and affiliated facilities may apply for the registration of such land use right and house ownership.

　　Article 41 For the first-time registration of residential land use right and house ownership, the following materials shall be provided as the case may be;
　　1. Identity card and residence booklet of the applicant;
　　2. Ownership certificate or materials on the origin of ownership, such as approval documents for land use issued by the people's government with the approval authority;
　　3. Relevant materials showing that the house in question meets planning or construction requirements;
　　4. Materials relevant to the boundary and area, including ownership investigation form, land map, planar graph and coordinates of the boundary of the land;
　　5. Other necessary materials.

　　Article 42 Regarding registration for the transfer of residential land use right and house ownership due to legal inheritance, allotment from one's family properties and exchange of houses within the collective economic organization, the following materials shall be provided by the applicant as the case may be,
　　1. Ownership certificate of the real estate or other materials on the origin of ownership.
　　2. Materials on the legal inheritance.
　　3. Materials or agreements on the allotment from one's family properties.
　　4. Agreement of exchanging houses within the collective economic organization.
　　5. Other necessary materials.

　　Article 43 Registration of the partitioned ownership of buildings on such collective lands as the residential land shall be applied with reference to provisions on state-owned construction land use right and partitioned ownership of buildings.

　　Section 5 Registration of Collective Construction Land Use Right and Ownership of Constructions and Structures

　　Article 44 The collective construction land use right that is lawfully obtained may apply for the registration of such land use right independently.
　　The collective construction land that is lawfully used for building enterprises, public facilities or public welfare projects, may apply for registration of the collective construction land use right and ownership of constructions and structures.

　　Article 45 For the first-time registration of collective construction land use right and ownership of constructions and structures, the following materials shall be provided by the applicant as the case may be:
　　1. Materials on the origin of land ownership, including the approval documents for land use issued by the people's government with the approval authority;
　　2. Materials showing that the construction project in question meets planning requirements;
　　3. Materials relevant to the boundary and area, including ownership investigation form, land map, planar graph and coordinates of the boundary of the land;
　　4. Materials showing that the construction project in question has been completed;
　　5. Other necessary materials.
　　Where the applicant applied for the first-time registration of constructions and structures after the first-time registration of collective construction land use right has been completed, the applicant shall provide the ownership certificate which demonstrates his share of the collective construction land use right.

　　Article 46 For the registration of change or transfer or deregistration of collective construction land use right and ownership of constructions and structures, the following materials shall be provided by the applicant as the case may be:
　　1. Ownership certificate;
　　2. Materials on the change, transfer or extinguishment of the collective construction land use right and ownership of constructions and structures;
　　3. Other necessary materials.
　　For the transfer of collective construction land use right and ownership of constructions and structures due to merger, acquisition or bankruptcy of enterprises, relevant agreements and materials including the approval documents from relevant authorities shall be provided by the applicant for the transfer registration.

　　Section 6 Registration of Land Lease and Management Right

　　Article 47 In case of such contracted agricultural lands as cultivated land, woodland, grassland, water area, tidal flat, barren mountain, waste gullies, barren hills and beaches, or agricultural lands owned by the state and used by the rural collective for planting, forestry, stockbreeding and fishery, the land lease management right registration could be applied. Forest and woods on the land shall be registered together with the land for land lease management right.

　　Article 48 For forestry or fishery production on the contracted land in accordance with the law, the first-time registration of land lease management right could be applied.
　　The first-time registration of land lease management right obtained via household contract shall be applied by the party giving out the contract with such materials as the land lease management contract.
　　For contracted rural lands obtained in such forms as bid invitation, auction and public consultation, the first-time registration of land lease management right shall be applied by the contractor with the land lease management contract.

　　Article 49 In the event of any of the following circumstances occurring for a registered land lease management right, the contractor shall apply for change of registration of the land lease management right with the original ownership certificate and other materials demonstrating the occurrence of such change:
　　1. Changes to such items as name or title of the right holder;
　　2. Changes to the location, name and area of the contracted land;
　　3. Changes to the term of contract according to laws;
　　4. Holder of the land lease management right continuing to contract the land according to relevant state regulations at the expiration of the term of contract;
　　5. Changes to the use of land due to reasons such as the conversion of farmland to forests, lakes or grasslands;
　　6. Changes to the category of forests or woods;
　　7. Other circumstances stipulated by laws and administrative regulations.

　　Article 50 In the event of any of the below circumstances occurring in respect of the land lease management right that has been registered, both parties concerned shall apply for transfer registration of the land lease management right with such materials as exchange agreement and transfer contract:
　　1. Exchange;
　　2. Transfer;
　　3. Partition or merger of land lease management right due to changes to family relationship or marital relations;
　　4. Other circumstances resulting in the transfer of land lease management right according to law.
　　Holder of the land lease management right obtained via household contracts, where a circulation of the right is attempted by way of transfer, materials demonstrating the consent of the party giving out the contract should be provided.

　　Article 51 In the event of any of the below circumstances occurring in respect of the land lease management right that has been registered, the contractor shall apply for deregistration with the ownership certificate and materials demonstrating the extinguishment:
　　1. Loss of the contracted land;
　　2. Conversion of the contracted land into construction land according to laws;
　　3. Loss or renunciation of the land lease management right by the contractor;
　　4. Other circumstances stipulated by laws and administrative regulations.

　　Article 52 Registration of the use right to such state-owned agricultural lands as state-owned farmland, grassland, water area and tidal flat that are obtained in other legal ways except via a contract for agricultural production, shall be applied with reference to relevant provisions in these Implementing Rules.
　　Registration of unutilized state-owned lands in state-owned farmlands and grasslands shall be applied with reference to the first paragraph in this article.

　　Article 53 Registration of use right to the state-owned forest land shall be applied together with the forests and woods on the land with the approval documents issued by the people's government or competent authorities with the approval authority.

　　Section 7 Registration of Sea Area Use Right

　　Article 54 Registration of sea area use right obtained lawfully could be applied separately.
　　Constructions and structures lawfully built on the sea area shall be apply for registration of sea area use right and ownership of constructions and structures.
　　Registration of uninhabited Sea Islands shall be applied with reference to relevant provisions on the registration of sea area use right.

　　Article 55 The first-time registration of sea area use right shall be applied with the following materials:
　　1. Approval documents for sea-use projects or transfer contract of sea area use right;
　　2. Parcel sea map and coordinates of the boundary;
　　3. Payment or exemption vouchers of sea area use fee;
　　4. Other necessary materials.

　　Article 56 In any the circumstance listed as follows, the applicant shall apply for change of registration of sea area use right with the ownership certificate and materials on the change of sea area use right:
　　1. Changes to name or title of the holder of sea area use right;
　　2. Changes to location or name of the sea area;
　　3. Alterations to place, area or time limit for the use of the sea area;
　　4. Extension of sea area use right;
　　5. Changes to the nature of co-ownership;
　　6. Other circumstances stipulated by laws and regulations.

　　Article 57 In any of the circumstances listed as follows, the applicant could apply for transfer registration of sea area use right:
　　1. Transfer of sea area use right due to mergence into or separation from another enterprise or because of running joint ventures or cooperative businesses with others or buying shares of others:
　　2. Transfer, donation, inheritance or acceptance of bequest of sea area use right according to laws:
　　3. Transfer of sea area use right due to effective legal documents issued by the People's Court or arbitration committee:
　　4. Other circumstances stipulated by laws and regulations.

　　Article 58 Transfer registration of sea area use right shall be made by the applicant with the following materials:
　　1. Ownership certificate;
　　2. Materials such as transfer contract or inheritance documents of sea area use right, and effective legal documents;
　　3. Approval documents of transfer issued by the department in charge of marine administration that originally approved the sea use, where the sea area use right obtained via approval is transferred;
　　4. Payment vouchers of sea area use fee, where the overdue use fee shall be paid according to laws;
　　5. Other necessary materials.

　　Article 59 Deregistration of sea area use right shall be made by the applicant with the following materials:
　　1. Original ownership certificate;
　　2. Materials on the loss of sea area use right;
　　3. Other necessary materials.
　　For the loss of sea area use right due to land reclamation, the applicant shall make registration of state-owned land use right and deregistration of sea area use right according to the provisions stipulated in these Implementing Rules, after the completion of land reclamation.

　　Section 8 Easement Right Registration

　　Article 60 For the easement right established via an agreement, the party concerned could apply for the first-time registration of easement right with the ownership certificates of both dominant tenement and servient tenement, easement contract and other necessary documents.

　　Article 61 In case of any circumstance listed as follows to easement right that has been legally registered, the party concerned could apply for change of registration of easement right with the easement contract, registration certificate and other materials demonstrating the change:
　　1. Changes to name or title of the party of easement right;
　　2. Changes to co-ownership;
　　3. Changes to nature conditions of dominant tenement or servient tenement;
　　4. Changes to content of the easement;
　　5. Other circumstances stipulated by laws and administrative regulations.
　　In case of registration of servient tenement partially transferred, the transferee together with easement right holder shall apply for change of registration of easement right where the easement right is involved in the partially transferred property.

　　Article 62 For the transfer of easement right that has been registered due to the transfer of land lease management right or construction land use right, the party concerned shall apply for transfer registration of easement right with necessary materials such as registration certificate and transfer contract of easement right.
　　In the event that transfer registration of dominant tenement is applied for, or dominant tenement is partially transferred and the transferred property involves the registered easement, transfer registration of easement right shall be applied by the party concerned at the same time, unless otherwise stipulated by the parties concerned. The party concerned shall provide written materials if he refuses to apply for transfer registration of easement right at the same time. And the registration organs shall effect deregistration of easement right when dealing with the transfer registration.

　　Article 63 In case of any circumstance listed as follows in relation to easement right that has been registered, the party concerned shall apply for deregistration of easement right with the registration certificate and other necessary materials demonstrating the loss of easement right:
　　1. Expiration of easement right;
　　2. Ownership of both dominant tenement and servient tenement by a single person;
　　3. Loss of servient tenement or dominant tenement;
　　4. Loss of easement right due to effective legal documents issued by the People's Court or arbitration committee;
　　5. Legal rescission of easement contract;
　　6. Other matters leading to the loss of easement right.

　　Article 64 For registration of easement right, the registration organs shall record the registration items on the dominant tenement register and servient tenement register respectively.
　　If servient tenement and dominant tenement are managed by different registration organs, the party concerned shall apply for registration of easement right at the registration organ at the domicile of servient tenement. After such registration, the said organ shall notify relevant matters to the registration organ at the domicile of dominant tenement which shall record such matters on the dominant tenement register.
　　After the establishment of easement right, the party concerned, if any change or transfer occurs to the easement right before its first-time registration, shall provide relevant materials and directly make the first-time registration for the changed or transferred easement right.

　　Section 9 Mortgage Right Registration

　　Article 65 In case of mortgaging the following properties, mortgage registration shall be applied for:
　　1. Construction land use right;
　　2. Buildings and other objects attached to the land;
　　3. Sea area use right;
　　4. Land lease management right to such lands as barren land that are acquired through bid invitation, auction and public consultation;
　　5. Buildings under construction;
　　6. Other properties not prohibited from being mortgaged by laws and administrative regulations.
　　Where the construction land use right or sea area use right is mortgaged, constructions and structures on such land or sea area shall be mortgaged together at the same time. Where constructions and structures on the land or sea area are mortgaged, the construction land use right or sea area use right shall be mortgaged together at the same time.

　　Article 66 Where such obligee as the natural person, legal person or other organization requires to establish mortgage of properties in order to secure the realization of his rights, the mortgage registration shall be applied for by both parties with such necessary materials as ownership certificate, mortgage contract and principal contract.
　　The mortgage contract refers to either written contract entered into independently or items relevant to mortgage agreed in the principal contract.

　　Article 67 Where several mortgage rights is established on a single property, the registration organs shall process each registration according to the sequence of its acceptance and record the same on the real estate register. Where parties concerned agreed otherwise on the sequence of mortgage rights, registration shall be made with reference to such sequence.

　　Article 68 In case of any circumstance listed as follows, the party concerned shall apply for change of registration with ownership certificate, registration certificate and materials relevant to the change of mortgage:
　　1. Changes to name or title of the mortgagor or mortgagee;
　　2. Changes to amount of the principal obligee's right secured;
　　3. Changes to term for the obligor to pay debts;
　　4. Changes to sequence of mortgage rights;
　　5. Other circumstances stipulated in laws and administrative regulations.
　　For changes to mortgage registration due to changes to type and amount of the principal obligee's right secured, mortgage scope, term for the obligor to pay debts or sequence of mortgage rights, the party concerned shall provide written materials for consent by other holders to mortgage rights and their identity cards or household booklets if such changes to the mortgage rights would bring negative effects to other holders.

　　Article 69 For the transfer of mortgage right caused by the transfer of the principal obligee's right, the party concerned shall apply for transfer registration of mortgage right with relevant materials including ownership certificate, registration certificate, transfer agreement of the principal obligee's right secured and materials demonstrating that the creditor has informed the debtor.

　　Article 70 In case of any circumstance listed as follows, the party concerned shall apply for deregistration of mortgage right with relevant materials including registration certificate and materials demonstrating the termination of mortgage right:
　　1. Termination of the principal obligee's right;
　　2. Realization of mortgage right;
　　3. Abandonment of mortgage right by the mortgagee;
　　4. Other circumstances concerning the termination of mortgage right stipulated by laws and regulations.

　　Article 71 For the establishment of maximum amount mortgage rights, the party concerned shall apply for the first-time registration of maximum amount mortgage rights with necessary materials including ownership certificate, contract of maximum amount mortgage, contracts for the obligee's rights that will arise consecutively within a certain period, or other materials on reasons of such registration.
　　Where the party concerned agrees that the existing obligee's rights set up before the establishment of maximum amount mortgage rights could be included in the scope of obligee's rights secured by the maximum amount mortgage rights when he applies for the first-time registration of maximum amount mortgage rights, he shall also provide contracts for the existing obligee's rights and written materials demonstrating that the party concerned has agreed to include such obligee's rights in the scope secured by the maximum amount mortgage rights.

　　Article 72 In case of any circumstance listed as follows, the party concerned shall apply for change of registration of maximum amount mortgage rights with necessary materials including registration certificate and materials on the change to the maximum amount mortgage rights:
　　1. Changes to name or title of the mortgagor or mortgagee;
　　2. Changes to scope of the obligee's rights;
　　3. Changes to maximum amount of obligee's rights;
　　4. Changes to period for the confirmation of the obligee's rights;
　　5. Changes to sequence of mortgage rights;
　　6. Other circumstances stipulated in laws and administrative regulations.
　　For change of registration of maximum amount of mortgage rights due to changes to type and amount of the principal obligee's right secured, mortgage scope, term for the obligor to pay debts or sequence of mortgage rights, the party concerned shall provide written materials of consent by other holders to mortgage rights and their identity cards or household booklets if such changes to the mortgage rights would bring negative effects to other holders.

　　Article 73 When maximum amount mortgage rights are converted to general mortgage rights upon the occurrence of any event that causes the claims secured by maximum amount mortgage rights to be ascertained, the party concerned shall apply for registration of ascertaining maximum amount mortgage rights by submitting the registration proof, the materials proving that the claims secured by maximum amount mortgage rights have been ascertained and other necessary materials.

　　Article 74 Where maximum amount mortgage rights are transferred, a party concerned shall apply for registration of the transfer of maximum amount mortgage rights by submitting the registration proof, materials on the transfer of certain claims, materials proving the agreements between the parties concerned that maximum guarantee rights shall be transferred together with the transfer of certain claims and other necessary materials.
　　Where a creditor transfers certain claims, and the parties concerned have agreed that maximum amount of mortgage rights shall be transferred together with the transfer of certain claims, a party concerned shall apply for the following registration respectively:
　　1. Where the parties have agreed that the original mortgagee and the transferee shall jointly enjoy maximum amount of mortgage rights, the party concerned shall apply for registration of the transfer of maximum amount of mortgage rights;
　　2. Where the parties have agreed that the transferee shall enjoy general mortgage rights and that the original mortgagee shall continue to enjoy maximum amount mortgage rights on the remainder after deducting the transferred right, the party concerned shall apply for first-time registration of general mortgage rights and the registration of the changes of maximum amount mortgage rights;
　　3. Where the parties have agreed that the original mortgagee shall no longer enjoy maximum amount mortgage rights, the party concerned shall apply for registration of ascertaining maximum amount mortgage rights and the registration of the transfer of general mortgage rights at the same time.
　　Where a creditor transfers certain claims before the claims secured by maximum amount mortgage rights are ascertained, registration organ shall not process the registration of the transfer of maximum amount mortgage rights unless otherwise agreed upon by and between the parties concerned.

　　Article 75 Where construction land use right and all or part of the buildings under construction are mortgaged, a party concerned shall apply for first-time registration of construction land use right and the mortgage rights of buildings under construction at the same time.
　　When a party concerned applies for first-time mortgage rights registration of buildings under construction, the mortgaged assets shall not include pre-sold commodity housing for which advance notice registration has been processed and commodity housing for which record-filing of pre-sales has been processed.
　　For the purpose of the preceding paragraph, buildings under construction refer to houses and other buildings that are currently being constructed and for which the first-time registration of ownership has not been made.

　　Article 76 When applying for the first-time mortgage registration of a building under construction, a party concerned shall submit the following materials,
　　1. The mortgage contract and mortgage agreed in the principal contract;
　　2. Materials on the advance notice registration of pre-sold commodity housing;
　　3. The construction project planning permit;
　　4. Other necessary materials.

　　Article 77 Where the mortgage rights of a building under construction are changed, transferred or extinguished, a party concerned shall apply for registration of corrections, registration of transfer or deregistration by submitting the following materials:
　　1. The real estate registration proof;
　　2. Materials proving that the mortgage rights of the building under construction are changed transferred or extinguished;
　　3. Other necessary materials.
　　When applying for first-time registration of the ownership of a building after the construction thereof is completed, a party concerned shall apply for converting the registration of the mortgage rights of buildings under construction to the registration of the mortgage rights of buildings.

　　Article 78 When applying for mortgage registration of pre-sold commodity housing, the following materials shall be submitted:
　　1. The mortgage contract and mortgage agreed in the principal contract;
　　2. Materials on the advance notice registration of pre-sold commodity housing;
　　3. Other necessary materials.
　　After property ownership registration has been completed for pre-sold commodity housing, a party concerned shall apply for converting the advance notice registration of the mortgage of pre-sold commodity housing to first-time registration of the mortgage rights of commodity housing.

　　Chapter V Other Registrations

　　Section 1 Registration of Corrections

　　Article 79 In case any right holder or interested party holds that any item recorded on the real estate register is wrong, he may apply for registration of corrections:
　　In the case of a right holder applying for registration of corrections, the following materials shall be submitted:
　　1. Ownership certificates;
　　2. Materials demonstrating that any item recorded on the real estate register is incorrect;
　　3. Other necessary materials.
　　When applying for registration of corrections, an interested party shall submit materials showing his interests involved, materials demonstrating any incorrectly recorded item on the real estate register and other necessary materials.

　　Article 80 Where a right holder or interested party apply for a registration of correction, the registration organ shall make registration of corrections in case of any incorrectly recorded items on the real estate register, except where registration involving the disposal of real estate rights, advance notice registration or close-down registration has been processed after the errors are registered.
　　Where the content of real estate ownership certificate or registration certificate is made with errors and during the handling of registration of corrections by registration organ, the registration organ shall notify the right holder in writing to replace the real estate ownership certificate or registration certificate and record such replacement in the relevant real estate register.
　　Where there is no error item recorded on the real estate register, the registration organ shall not make correction and notify the applicant of the same in writing.

　　Article 81 Where registration organs discover anything wrong in items recorded on the real estate register, they shall notify the party concerned to make registration of corrections within 30 working days. Where the party concerned fails to go through such registration within the specified time, registration organs shall make relevant corrections in accordance with laws and regulations after relevant information has been announced for 15 working days, unless registration concerning the disposal of real estate rights, advance notice registration or close-down registration has been processed after the registration with such errors.

　　Section 2 Dissidence Registration

　　Article 82 Where any interested party holds that items recorded on the real estate register are wrong and the right holder does not agree to make corrections, he may apply for dissidence registration.
　　When applying for dissidence registration, the interested party shall submit the following materials:
　　1. Materials demonstrating his interests relevant to the registered real estate rights;
　　2. Materials demonstrating that any item recorded in the real estate register is incorrect;
　　3. Other necessary materials.

　　Article 83 Registration organs that accept an application for dissidence registration shall record such dissidence in the real estate register, and issue a certificate for dissidence registration to the applicant.
　　An applicant for dissidence registration shall, within 15 days from the date of dissidence registration, submit the acceptance notice issued by the People's Court, the acceptance notice issued by arbitration commission and other materials concerning the filing of a lawsuit or the application for arbitration. In case of failure to submit such materials within the specified time, the dissidence registration shall become invalid.
　　Once the dissidence registration has become invalid, registration organs shall not accept the application for dissidence registration made by the applicant for the same matters and due to the same reasons.

　　Article 84 During the term of dissidence registration, where a right holder recorded on real estate register or a third party applies for registration due to the disposal of his rights, registration organs shall notify the applicant in writting that such rights in question have been subject to dissidence registration. If the applicant continues to apply for registration, registration organs shall process the application, provided that the applicant agrees to submit a written undertaking that he is aware of such dissidence registration and that he shall bear the risks.

　　Section 3 Advance Notice Registration

　　Article 85 In case of any circumstance listed as follows, a party concerned may apply for advance notice registration:
　　1. Pre-sale of commodity housing and other real estate;
　　2. Sales and purchase, or mortgage of the real estate;
　　3. Using pre-sold commodity housing to set up mortgage rights;
　　4. Any other circumstances prescribed by laws and administrative regulations.
　　Where application for registration caused by the disposal of the real estate is made during the term of advance notice registration without the written consent of the right holder concerning the advance notice registration, registration organs shall not process such registration application.
　　In the event that the party concerned, after the completion of advance notice registration, applies for real estate registration within 3 months as of the date when the real estate registration can be processed if the obligee's right is not extinguished, registration organs shall process the corresponding registration in accordance with the items engaged in advance notice registration.

　　Article 86 When applying for advance notice registration of pre-sold commodity housing, the following materials shall be provided:
　　1. The commodity housing pre-sales contract that has been filed:
　　2. The agreements between the parties concerning the advance notice registration:
　　3. Other necessary materials.
　　Where the pre-seller fails to apply for advance notice registration as agreed after entering into a sales and purchase contract of commodity housing with the pre-buyer, such buyer may unilaterally apply for advance notice registration.
　　Where the pre-buyer unilaterally applies for advance notice registration of the pre-sold commodity housing, he shall submit relevant materials on the additional conditions and terms on advance notice registration, if any, agreed by and between the pre-seller and the pre-buyer in terms of the commodity housing pre-sale contract.
　　Where the commodity housing that is being applied for advance notice registration has already been processed for the first-time registration of mortgage rights for buildings under construction, the party concerned shall, at the same time, apply for deregistration of mortgage rights for buildings under construction, and submit materials on both the transfer of the real estate ownership and registration certificate. Registration organs shall process the deregistration of mortgage rights for buildings under construction first and thereafter the advance notice registration.

　　Article 87 When applying for advance notice registration due to the transfer of the real estate, a party concerned shall submit the following materials:
　　1. The real estate transfer contract;
　　2. Ownership certificate of the transferor;
　　3. The agreements between the parties concerning the advance notice registration;
　　4. Other necessary materials.

　　Article 88 When applying for advance notice registration due to the mortgage of the real estate, a party concerned shall submit the following materials:
　　1. The mortgage contract and principal debt claim contract;
　　2. Ownership certificate;
　　3. The agreements between the parties concerned on advance notice registration;
　　4. Other necessary materials.

　　Article 89 In the event that advance notice registration falls under any of the following circumstances prior to its expiry, a party concerned may apply to deregister the advance notice registration with real estate registration certificate, materials demonstrating the extinguishment of the obligee's right or the waiver by the right holder for the advance notice registration, and other necessary materials stipulated by laws and administrative regulations:
　　1. Right holder of the advance notice registration waiving his right to advance notice registration;
　　2. Extinguishment of the obligee's right;
　　3. Other circumstances stipulated by laws and administrative regulations.

　　Section 4 Close-down Registration

　　Article 90 A People's Court that requires a registration organ to process close-down registration shall submit the following materials:
　　1. The work passes of relevant staff members of the People's Court;
　　2. The assistance enforcement notice;
　　3. Other necessary materials.

　　Article 91 Where a single real estate is sealed up by two or more People's Courts, registration organs shall process the close-down registration for the People's Court from which the notice for assistance in enforcement is first received, and shall process the waiting close-down registration for the other People's Court from which the notice for assistance in enforcement is received later.
　　The sequence for the waiting close-down registration shall be arranged in accordance with the order that the notice for assistance in enforcement is delivered to registration organs by the People's Court.

　　Article 92 Where a People's Court relieves the sealing-up of the real estate during the period of sealing-up, registration organs shall promptly deregister the close-down registration according to the notice for assistance in enforcement issued by the People's Court.
　　Where the People's Court fails to renew the sealing-up upon expiry of the period for sealing up the real estate, the close-down registration shall become invalid.

　　Article 93 This Section shall apply to close-down registrations proposed by such state authorities as the people's procuratorate according to law.

　　Chapter VI Inquiry, Protection and Use of Real Estate Registration Materials

　　Article 94 Materials concerning real estate registration shall include:
　　The real estate register and other results of real estate registration;
　　2. Original materials of real estate registration, including application forms for real estate registration, materials concerning the identity of applicants, materials on the origin of real estate ownership, reasons for registration, investigation results of real estate right, and other materials that shall be verified by real estate registration organs.
　　Registration materials shall be managed by registration organs. Registration organs shall establish the administration system for registration materials and the confidentiality system for information security, and construct a specific place that meets the security standard for the protection of real estate registration materials to store the real estate registration materials.
　　Registration materials meeting the archive scope shall be archived in accordance with provisions stipulated by relevant laws and regulations. Specific measures shall be formulated separately by the Ministry of Land and Resources in concert with the competent archives authority of the State.

　　Article 95 Registration organs shall strengthen the information technology construction of real estate registration, carry out data integration, system construction, information services and other work in accordance with the unified requirements and technical standards concerning the construction of basic platform for the administration of registration information, enhance the development and technological innovation of registration information products, and improve the comprehensive social benefits of real estate registration.
　　Registration organs at all levels shall take measures to ensure the security of registration information. Any entities or individuals shall not divulge such registration information.

　　Article 96 Registration organs and transaction organs shall establish a mechanism for mutual communication and sharing of information concerning the registration and transaction to ensure the orderly connection of real estate registrations and transactions.
　　Transaction organs shall promptly deliver the information on transaction to registration organs. Once real estate registration is completed, such registration organs shall promptly feedback the transaction organs with the registration information.

　　Article 97 The State shall adopt a system for the inquiry of real estate registration materials according to law.
　　A right holder or an interested person that intends to inquire or duplicate real estate registration materials in accordance with Article 27 in the Regulations shall apply to the registration organ specifically responsible for such registration.
　　Right holders may inquire and duplicate registration materials for their own real estate.
　　The interested person involved in transactions, inheritance, litigations of real estate may inquire and duplicate the natural conditions of real estate, and other information relevant to the right holders and the sealing-up, mortgage, advance notice registration, and dissidence registration of their property.
　　People's Court, people's procuratorate, state security organs and supervision organs may inquire and duplicate real estate registration materials for investigations and the handling of relevant matters in accordance with the law.
　　This Article shall apply to inquiries and duplications of real estate registration materials by other relevant state organs according to law when they are performing their official duties.
　　The Law on Guarding State Secrets shall apply to inquiries of real estate registration materials that involve state secrets.

　　Article 98 Where a right holder or an interested person applies for inquiry or duplication of registration materials, the following materials shall be submitted:
　　1. Application form for inquiry;
　　2. Statement for the purpose of inquiry;
　　3. Materials concerning the identity of applicants;
　　4. In case of the inquiry made by an interested person, materials demonstrating his interest shall be provided.
　　Where a right holder or an interested person entrusts an agent to make inquiry on his behalf, materials supporting the identity of the agent and the written power of attorney shall also be submitted. Right holders who inquire their own real estate registration materials shall not be required to provide the statement for the purpose of inquiry.
　　Where a relevant state organ that intends to inquire about real estate registration materials shall provide materials for assistance in inquiry and the work passes of relevant working personnel issued by such organ.

　　Article 99 In case of any circumstance listed as follows, registration organs shall refuse an application for inquiry and inform the applicant of the reasons in writing:
　　1. Where the real estate under application for inquiry falls beyond the jurisdiction of the registration organ;
　　2. Where application materials submitted by the applicant do not conform to relevant provisions;
　　3. Where the object of an inquiry or matters of the inquiry is not in compliance with relevant provisions;
　　4. Where the purpose of an inquiry application is unlawful;
　　5. Other circumstances stipulated by laws and administrative regulations.

　　Article 100 Where an inquiry application is in compliance with the provisions herein, registration organs shall provide such inquiry on site immediately, or shall provide such inquiry within 5 working days in the event that such inquiry cannot be provided on site due to special reasons.

　　Article 101 A person who intends to inquire about the registration materials shall make such inquiry at the premises designated by registration organs.
　　Original registration materials shall not be taken away from the designated premises.
　　A person who makes an inquiry on registration materials shall keep such materials in good condition during the inquiry. Registration materials shall be prohibited from loss, separation, swap, extraction or stains by the inquirer. And the equipment used for such inquiries shall be not damaged.

　　Article 102 A person who intends making an inquiry on registration materials may examine and make copies of such materials. Registration organs shall provide services for duplicating registration materials as requested by the inquirer.
　　Registration organs shall issue a certificate for inquiry results as requested by the inquirer. A certificate for inquiry results shall be stated with the purpose and the date of inquiry, and be stamped with the special inquiry seal of the registration organs.

　　Chapter VII Legal Liabilities

　　Article 103 Working personnel in registration organs who violate provisions in these Implementing Rules with any behavior listed as follows shall be punished and be subject to criminal liabilities if a crime is constituted:
　　1. Refusal to process registration for qualified application, processing registration for application that is not qualified;
　　2. Duplicate, falsify, destroy and forge the real estate register without authority;
　　3. Divulge materials of real estate registration or information concerning registration;
　　4. Refuse applicants to look into or duplicate registration materials without any justified reason; and
　　5. Compel right holders to replace their old ownership certificate with new ones.

　　Article 104 The party concerned who violates provisions in these Rules with any of the following behavior, if constituting a violation of public security administration, shall be imposed with public security administration punishments in accordance with the laws and regulations; the party concerned shall be liable for compensation in accordance with the laws and regulations if the acts cause losses to others; and, the party concerned shall be investigated for criminal liabilities in accordance with the laws and regulations if the acts constitute criminal offenses:
　　1. Where the party concerned applies for registration by providing false materials or adopting other deceptive means;
　　2. Where the party concerned applies for inquiring or duplicating registration materials by deceptive means;
　　3. Where the party concerned divulges registration materials or information in violation of State provisions;
　　4. Where the party concerned who loses, decollates, swaps, extracts or defaces such materials;
　　5. Where the party concerned takes registration materials away from the inquiry premises without authorization, or damages the equipment used for making inquiries.

　　Chapter VIII Supplementary Provisions

　　Article 105 Real estate ownership certificates issued before the implementation of these Rules shall remain in force. Where real estate rights are not changed or transferred, registration organs shall not compel real estate right holders to replace their ownership certificates.
　　During the interim period of real estate registration, uniform registration of rural land lease and management right shall be guided by the Ministry of Agriculture together with other departments including the Ministry of Land and Resources, and registration of agricultural land lease and management right shall be handled by the Ministry of Agriculture in accordance with relevant provisions. After the interim period, registration of rural land lease and management right shall be guided by the Ministry of Land and Resources.

　　Article 106 Where the registration is necessary according to law for real estate that is entrusted, such registration shall be treated specifically by the Ministry of Land and Resources together with relevant departments.

　　Article 107 Where real estate owned by the army apply for registration, the registration materials that have been verified and approved by real estate departments in the army, shall be handled with reference to provisions in these Implementing Rules.

　　Article 108 These Implementing Rules shall come into force as of the date of promulgation.