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In order to ensure the timely execution of the effective judgments, rulings and other effective legal documents of the people's courts, and safeguard the legal rights and interests of the parties, we hereby make the following notice on the relevant issues concerning regulating the execution by the people's courts and the assistance in execution by the departments of land and resources or real estate administration in accordance with the Civil Procedural Law of the People's Republic of China, the Law of Land Administration of the People's Republic of China, the Law of the People's Republic of China on Urban Real Estate Administration, and the relevant provisions of laws: 1. Where the people's courts need the assistance of the departments of land and resources or real estate administration in execution when handling cases, the departments of land and resources or real estate administration shall handle the matters concerning assistance in execution in accordance with the effective legal documents and notice of the people's courts for assistance in execution. The departments of land and resources or real estate administration shall not charge other fees from the people's courts in addition to the necessary cost for reproducing the relevant documents when they render assistance to the people's courts in execution according to law. And the fees for registration and transfer shall be charged in accordance with the relevant provisions of the state. 2. Before the people's courts seal up or handle substantially the land use right or houses, they shall inquire about the ownership of the land or houses at the departments of land and resources or real estate administration. Where the executors of the people's courts inquire about the ownership of land or houses at the departments of land and resources or real estate administration, they shall show their employee's cards and certificates for performing their duty, and the notice on assistance in inquiring. Where the executors of the people's courts go through formalities for the registration of land use right or sealing up or sealing up in advance of houses at the departments of land and resources or real estate administration, they shall show their employee's cards and certificates for performing their duty, and the written orders for sealing up or sealing up in advance and the notice on assistance in execution. 3. The departments of land and resources or real estate administration shall go through registration formalities in time for sealing up or sealing up in advance the land use right or houses by the people's courts. The departments of land and resources or real estate administration shall not make substantial examination on the effective legal documents and notice on assistance in execution when rendering assistance to the people's courts in executing land use right or houses. If the departments of land and resources or real estate administration believe that the ownership of the land or houses, which have been sealed up or sealed up in advance or handled by the people's courts is wrong, they may propose suggestions to the people's courts for examination, but shall not stop handling the matters concerning the assistance in execution. 4. The written documents consulted and reproduced or copied down by the people's courts at the departments of land and resources or real estate administration shall be affixed with the seals of the land or house ownership registration organs or archives subject to them. If they cannot be consulted or there is no conclusion after consultation, the departments of land and resources or real estate administration shall notify the people's courts in writing. 5. The people's courts shall determine the ownership of land or houses in accordance with the registration of the departments of land and resources or real estate administration or the ownership certificates issued by them, when sealing the land or houses. Where any ownership certificate is not in conformity with the ownership registration, the ownership registration shall be followed. When enforcing the effective legal documents for determining the ownership of land or houses by the people's courts, the registration formalities for alteration or transfer of the ownerships of land or houses shall be handled in accordance with the owners confirmed by the effective legal documents of the people's courts. 6. In case the land use right and the ownership of houses belong to the same owner, the people's courts shall seal them up simultaneously. If they belong to different persons or entities, the people's court shall seal up the land use right or houses that are under the name of the person or entity against whom the decision is being executed. 7. Where the land use right or house is registered under the name of an outsider, and the nominal person of registration (outsider) recognizes in writing that the land or house is actually owned by the person or entity against whom the decision is being executed, the executing courts may take measures for sealing up. If the nominal person of registration denies that the land or house is owned by the person or entity against whom the decision is being executed, but the executing courts or applicants for execution believe that the registration is false, the courts cannot take seizure measures until the registration has been revoked by the parties through bringing a lawsuit separately or through other procedures, and the ownership has been registered under the name of the person or entity against whom the decision is being executed. 8. For the seizures of land use right or houses, which are obtained by the person or entity against whom the decision is being executed due to inheritance, judgment or compulsory execution, but fail to be transferred and registered, the executing courts shall submit the inheritance certificate, effective judgment or written order for execution, and notice on assistance in execution, on the basis of which the person or entity against whom the decision is being executed has obtained the property, to the departments of land and resources or real estate administration, who shall then handle the seizure registration after handling formalities for transfer and registration. 9. Where the departments of land and resources or real estate administration have accepted the applications of the person or entity against whom the decision is being executed for transfer and registration of land use right or houses, but have not approved the registration, the people's courts may make seizure, and those having been approved for registration shall not be sealed up. 10. The people's courts shall divide up and seal up those houses that can be disposed through division within the scope of amount for execution, and may seal up the whole house that is indivisible. Where a house is sealed up after division, the people's courts shall clarify the specific part of the house seized in the notice on assistance in execution. 11. The term for sealing up land use right or houses by the people's courts shall not exceed two years. And one more seizure may be made at the expiration of the term, and the written order for seizure and notice on assistance in execution shall be made anew accordingly, the term for re-seizure shall not exceed one year. Where there is necessity to seal up the land use right or houses for the third time due to special circumstances, it shall be approved by the higher people's court they are subordinated to, and the term for the third seizure shall not exceed one year each time. In case the people's courts fail to go through formalities for continuing the seizure at the expiration of the term, the seizure will be extinguished. 12. Where, after completing the execution of a case, the people's courts need to cancel the seizure of land use right or houses haven't been handled, they shall order to cancel the seizure in time, and serve the written order for canceling the seizure and the notice on assistance in execution to the departments of land and resources or real estate administration. 13. Where the person or entity against whom the decision is being executed has paid all the assignment fees for land use right but has not gone through registration for it, the people's courts may seal up the land use right in advance. 14. Where the person or entity against whom the decision is being executed has paid part of the assignment fees for land use right but has not gone through registration for it, the departments of land and resources administration shall, for the land use right that are divisible, determine the land use right of the person or entity against whom the decision is being executed on the basis of the assignment fees paid, and the people's courts may order to seal up in advance the land use right that has been confirmed. The indivisible land use right may be sealed up in advance entirely. Where the person or entity against whom the decision is being executed fails to pay all the land assignment fees within a prescribed time limit, the assignment fees, which have been paid by the person or entity against whom the decision is being executed, and which should be refunded in accordance with the relevant provisions, shall be submitted to the people's courts for handling at the time of withdrawing land use right by the people's governments, and the seizure in advance shall be cancelled automatically. 15. The people's courts may also seal up in advance the following houses, whose ownership hasn't been registered: (1) Houses whose license for commercial house of advance sale has been transacted, but have not been sold by the real estate development enterprises who are the entity against whom the decision is being executed; (2) Houses purchased by the person or entity against whom the decision is executed, and whose original registration on the ownership thereof has been transacted by the real estate development enterprises; (3) Houses purchased by the person or entity against whom the decision is being executed, whose formalities for registration and putting-on-records of the contracts of advance sale for commercial houses or registration on commercial houses information have been gone through. 16. The department of land and resources or real estate administration shall go through the registration on seizure in advance in accordance with the notice of the people's courts on assistance in execution and the attached written orders. Where the ownership of the land or houses is under the name of the person or entity against whom the decision is being executed during the period of seizure in advance, the registration on seizure in advance shall be changed into seizure registration automatically. After the seizure in advance is changed into seizure officially, the time limit for seizure shall be calculated from the date of seizure in advance. 17. The term for seizure in advance shall be two years, and may be extended once at the expiration of the term, during which the written order for seizure in advance and the notice on assistance in execution shall be made anew, and the time limit for continuing seizure in advance shall be one year. Where there is necessity to continue the seizure for special circumstances, it shall be approved by the higher people's court it is subordinated to, and the time limit for continuing the seizure each time shall not exceed one year. 18. The legal force of the seizure in advance is equal to the official seizure. Where the people's courts fail to go through formalities for continuing the seizure in advance at the expiration date, the seizure in advance shall be extinguished. 19. Where more than two people's courts seal up the same land use right or house, the departments of land and resources or real estate administration shall, after handling the registration formalities for seizure by the people's court who is the first to serve notice on assistance in execution, make seizure registration in turn on the people's court who handles seizure registration later, and inform in writing the facts that the land use right or house has been sealed up by other people's courts and the relevant conditions of seizure. 20. The sequence of the seizure in turn shall be arranged in accordance with the time of serving the notice on assistance in execution by the people's courts. Where the courts making the seizure cancel the seizure according to law, the seizure in turn, which is listed earlier shall be turned into seizure automatically. Where the courts making the seizure dispose completely the land use right or houses seized, the seizure in turn, which is listed later shall be invalidated automatically. Where the courts making the seizure dispose the land use right or houses seized partly, the seizure in turn, which is listed later shall be changed into seizure automatically concerning the remaining part. The registration for seizure in advance in turn shall be handled by referring to Article 19 and paragraph 1 of this Article. 21. As to the land use right or houses, which have been seized or seized in advance by the people's courts, and for which the registration formalities for the seizure or seizure in advance have been gone through at the departments of land and resources or real estate administration, if the person or entity against whom the decision is being executed handles formalities for mortgage or transfer or other formalities by disguising the facts, the people's courts shall determine their acts as invalidated according to law, and investigate for the legal liabilities of the relevant personnel according to law and the circumstances. The departments of land and resources or real estate administration shall, according to the valid legal documents of the people's courts, revoke the registration of illegal mortgage or transfer, and write off the certificates or license they have issued. 22. The departments of land and resources or real estate administration shall not handle registration formalities for alteration or transfer of mortgage or transfer or other ownership of land use right or houses, which are seized or seized in advance by the people's courts according to law during the period of seizure or seizure in advance. Where the departments of land and resources or real estate administration knowingly handle registration formalities for the alteration or transfer of mortgage or transfer or other ownership of land use right or house, which has been seized or seized in advance by the people's courts, the relevant departments of land and resources or real estate administration and the person directly liable may be punished in accordance with the provisions of Article 102 of the Civil Procedural Law. 23. Where the land use right or house is disposed by appraising at the current rate, the land use right and the ownership of the house shall be transferred simultaneously. If the ownership of land use right is inconsistent with that of the house, the assignee shall succeed the legal rights of the former owner. 24. Where a people's court executes the collective land use right, it may order to handle it after reaching complete agreement of views with the departments of land and resources administration, but shall inform the assignees to go through formalities for land requisition and transfer of state-owned land use right at the departments of land and resources administration, and pay assignment fees and the relevant tax money. Where the handling of rural houses concerns the collective land, the people's courts shall handle it after negotiating with the departments of land and resources administration and reaching an agreement with them. 25. The people's courts shall not alter the use and fixed number of year for transfer of the former land when executing the land use right. 26. The people's courts may, upon negotiation and approval of the applicant for execution and the person or entity against whom the decision is being executed, rule directly that the state-owned land use right obtained by the person or entity against whom the decision is being executed by way of assignment and the houses thereon be handed over to the applicant for execution for paying off debts after appraisal and evaluation without going through auction or selling off. But the registration formalities for alteration or transfer of the ownership of land or houses shall be gone through at the departments of land and resources or real estate administration according to law. 27. The written order for transfer of land use right or ownership of house made by the people's courts shall come into force once it is served to the assignees, and the people's courts shall notify clearly the assignees to apply for registration on alteration or transfer of ownership of land or houses at the departments of land and resources or real estate administration in time. Where the departments of land and resources or real estate administration make ownership registration according to effective legal documents, the right of the parties to land or houses shall be retrospected to the time when the relevant legal documents took effect. 28. This Notice shall be applicable to property preservation and advance execution made by the people's courts. 29. The time limit for seizures made before the promulgation of this Notice shall be calculated as of the date of the implementation of this Notice. 30. This Notice shall be implemented as of March 1, 2004. |
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