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"Real estate registration law" legislation will be launched! New policies of real estate certificate

First financial reporter learned that Leng Hongzhi, director of the natural resources registration bureau of the Ministry of natural resources, recently revealed that the Interim Regulations on real estate registration, which has been implemented for nearly four years, will be upgraded, and relevant legislation is expected to start in the near future. We will implement the requirements of the State Council for deepening the reform of "releasing management services", comprehensively promote the work of real estate registration for the benefit of the people, and give full play to the role of protecting rights and interests.

Included in the legislative plan of the people's Congress

In 2014, China officially promoted the unified real estate registration system, aiming to end the situation of "Jiulong water control" in which different departments are responsible for real estate registration, improve the efficiency and credibility of registration, further strengthen the protection of property rights, and maintain market order.

Leng Hongzhi said that through the unified registration of real estate, to avoid the re registration, omission and overlapping of private rights of enterprises and the masses to the greatest extent, to protect the legitimate rights and interests, to ensure the safety of transactions, and to facilitate the interests of the people, is the specific measures to implement the central government's improvement of the property rights protection system and the protection of property rights according to law, and is the basis for the improvement of the socialist market economy system.

At present, the direct basis for the implementation of unified real estate registration is the Interim Regulations on real estate registration (hereinafter referred to as the regulations). In the view of the industry, the real estate is basically the most important property of each civil subject. The real estate registration involves the rights and interests of each natural person, legal person and non legal person organization. It is difficult to shoulder the heavy task because it is adjusted and regulated by the interim State Council regulations such as the regulations.

The Interim Regulations on real estate registration shall come into force as of March 1, 2015. The Regulations stipulates that the information registered by real estate registration institutions at all levels shall be incorporated into the unified real estate registration information management basic platform to ensure the real-time sharing of registration information at the national, provincial, municipal and county levels, and provide accurate data support for national macro-control and scientific decision-making.

It has been nearly four years since the implementation of the regulations, and higher-level legislative work will also be launched.

On September 7 this year, the legislative plan of the Standing Committee of the 13th National People's Congress was announced. According to the legislative plan, there are 69 draft laws with mature conditions to be submitted for consideration during the term of office, which are listed as the first category of legislative items. The real estate registration law is listed as a kind of legislative item, and the State Council is the examination organ or the leading drafting unit.

The relevant person in charge of the law working committee of the Standing Committee of the National People's Congress said that the legislative items listed in the category of legislative planning should be completed in principle. If it is really difficult to submit for deliberation according to the plan due to new changes in the situation, or need to be adjusted, the relevant parties should make a written explanation to the Standing Committee of the National People's Congress.

Provide basis for tax collection and management

According to the official unified real estate registration 'schedule': establish an effective real estate registration information management platform within four years from 2014. 2018 is the last year in the above schedule, and will also be a key year to evaluate the effectiveness of unified real estate registration.

In June this year, the relevant head of the Ministry of natural resources once said that the national unified real estate registration information management basic platform has realized national networking, and China's real estate registration system has entered into a comprehensive operation stage.

However, with the continuous expansion of the application of information platform, the slow progress of the integration and exchange of stock data in some cities and counties has become increasingly prominent.

According to a letter issued by the Ministry of natural resources in mid October, up to now, 202 cities and counties across the country have not yet completed the integration and remittance of real estate registration stock current data in urban areas, and there are also quality problems in some integrated data of cities and counties that have been collected and handed over, for example, the number of real estate objects is too small, the key information is missing, the real estate is not related, etc., so it is urgent to further transfer and sort out the registration data Data cleaning and supplementary recording, connection and connection, integration and warehousing, and effective connection with daily incremental registration data.

The first financial reporter found that in the list of cities and counties that have not yet submitted real estate registration stock data to the Ministry of natural resources, Tibet Autonomous Region has the largest number, with 66 cities and counties. There are 37 in Yunnan, 28 in Xinjiang, 22 in Guizhou and 21 in Sichuan. In addition, there are 10 in Henan Province, 8 in Heilongjiang Province, 5 in Shanxi Province and 5 in Xinjiang production and Construction Corps.

For this situation, the Ministry of natural resources requires that cities and counties that have not yet collected and delivered the real estate registration stock data must realize the integration and warehousing of all the current stock registration data of cities and counties under their jurisdiction by the end of 2018 and remit them to the Ministry for full coverage. For the cities and counties that have collected and handed in the stock data, they should continue to follow up, urge and improve the data results, and constantly improve the data quality of the information platform.

Leng Hongzhi also said that it is necessary to improve the construction of basic platform for natural resources and real estate registration information management, and promote the wide application of registration results. To solve the problems of some real estate data not linked, data items missing, and information sharing not in place, continue to vigorously promote the integration and exchange of stock data, strive to improve the quality of information access, and gradually upgrade the platform to an information platform covering national natural resources and real estate registration.

"We will carry out in-depth data analysis, actively promote information sharing, serve financial risk prevention, targeted poverty alleviation and other work, provide a basis for solving implementation difficulties, tax collection and management, and help modernize the national governance system and governance capacity. "Said Leng Hongzhi. After the issuance of the above letter, the local government is also improving the transfer of real estate registration stock data.

On December 3, Guangdong Provincial Department of natural resources issued the guidance on speeding up the handling of historical problems in real estate registration, saying that the non transfer or transfer of part of the real estate registration data does not meet the requirements of laws and regulations, but also brings obstacles to the accuracy and timeliness of real estate registration.

The circular requires people's governments at all levels of Guangdong Province to ensure that the migration, integration and database building of real estate registration data are completed in a comprehensive manner in accordance with the unified deployment and requirements of the state and the province, and requires people's governments at and above the county level to share corresponding data information as required.

In addition, the circular emphasizes that commercial housing developed on collectively owned land shall not be registered as real estate.

'for houses with small property rights that do not conform to the provisions of laws and regulations, relevant registration procedures will not be handled. "Said the Department of natural resources of Guangdong Province.

Previously, the relevant head of the Ministry of natural resources also stressed several times that real estate registration is a legal action to protect the rights of real estate owners according to law, and it is impossible to register anything illegal. It's impossible to register small property right houses, so the idea should be dispelled.