(Order No. 3 of the People's Government of Shanghai Municipality
April 23, 2003)

Article 1 (Purpose of formulation)
The present provisions are formulated with a view to implementing
the Regulation of Shanghai Municipality on Real Estate Registration
(hereinafter referred to as the Regulation).

Article 2 (Assessment of persons handling registration and their working at the posts)
The assessment of the persons handling real estate registration
shall be uniformly organized by the Bureau of Shanghai Municipality
for Administration of Real Estate Resources (hereinafter referred to
as the Municipal Real Estate Resource Bureau). Those who are
assessed to be qualified shall be issued the certificate for working
at the post by the Municipal Real Estate Resource Bureau, while
those who have not obtained the certificate for working at the post
shall not engage in real estate registration.

Article 3 (Report on survey of land and housing)
The report on survey of land or housing submitted by the applicant
for real estate registration shall be issued by a professional
institution engaging in survey of land and housing. The land survey
report shall be submitted in advance by a professional institution
engaging in survey of land and housing to the Municipal Real Estate
Resource Bureau or the district (county) administrative department
of real estates for confirmation.
Article 4 (Procedure for registration of decisions on property
preservation or other restrictive measures)
Where a judicial organ or administrative organ makes registration in
the real estate registration institution (hereinafter referred to as
registration institution) after it has made a decision on enforcing
property preservation or other restrictive measure, the registration
institution shall, within 5 working days after the receipt of the
decision on the property preservation or other relevant restrictive
measure, check it with the real estate registration book.
If, after the check, the party against whom or the real estate
against which the property preservation or other restrictive measure
is taken conforms to that recorded in the real estate registration
book, it shall be registered; otherwise the persons handling the
registration shall notify the relevant judicial organ or
administrative organ.
Article 5 (Procedure for registration of the relevant documents of
the administrative organs)
Where an administrative organ makes registration in the registration
institution after it has made such a decision related to real estate
rights as that on requisitioning collectively-owned land, approving
land used for construction, permitting demolishment of houses or
permitting advance sale of commodity houses, etc., the registration
institution shall register the relevant documents on the date of
receipt of them.
Article 6 (Registration of other rights attached to real estate)
If the parties set up inhabitation right, wayleave or other real
estate rights by means of agreement, they may, with the related
agreement, apply to the registration institution for registration of
other rights attached to the real estate.
Article 7 (Particulars for which the party concerned may make
registration and record)
"Documents related to real estate rights" prescribed in Article 16
of the Regulation shall include the following in addition to the
contract for lease of house:
¡¡(a) documents of proof related to the dispute over ownership of
real estate, which have been accepted by the people's court,
arbitration institution or administrative organ;
¡¡(b) documents of promise made by the mortgagee to land use right
or the mortgagee to a house construction project on waiving the
right of mortgage for the corresponding part at the time of advance
sale of the houses by unit;
¡¡(c) other documents related to real estate rights for which the
party concerned needs to make registration and record.
Article 8 (Procedure for correction registration upon application by
the obligee)
Where a real estate obligee applies for correcting the errors
recorded in the real estate registration book in accordance with
Paragraph 1 of Article 18 of the Regulation, the registration
institution shall, within 7 working days as of the receipt of the
application for correction, check the relevant documents of proof
submitted by the real estate obligee and the application documents
for registration on which the records in the original real estate
registration is based.
If the real estate registration book is found through the check to
have errors indeed, the registration institution shall correct them,
and notify the applicant in writing; if the records in the real
estate registration book have no errors and it is unnecessary to
make a correction, the registration institution shall notify the
applicant in writing, and state the reason thereof.
Article 9 (Limitations on dissent registration)
If, after a registered dissent is invalidated due to the expiry of a
period of three months during which it is recorded in the real
estate registration book, the original applicant again proposes the
registration dissent regarding the same matter, the registration
institution shall refuse to register it.
Article 10 (Two circumstances under which initial registration of
land use right shall be made)
Where the party concerned to whom the real estate on the land with
allotted land use right is transferred goes through the formalities
of transferring the land use right, he shall apply for initial
registration of the land use right.
After the means by the same person with land use right to use the
land is converted from allotment into transfer or lease, the party
concerned shall apply for initial registration of the land use
right.
Article 11 (Circumstances under which the registration of real
estate transfer or modification shall be handled)
In case of any of the following circumstances, the party concerned
shall apply for the registration of real estate transfer:
¡¡(a) the co-owners of real estate is increased or reduced;
(b) there is any share transferred between the co-owners of real
estate by shares.
In case of any of the following circumstances, the party concerned
shall apply for registration of the real estate modification:
¡¡(a) one spouse is added to be the co-owner of the real estate that
was registered to be owned by the other spouse;
¡¡(b) the real estate that was registered to be owned by one spouse
is modified to be owned by the other spouse;
¡¡(c) the real estate that was registered to be jointly owned by a
couple is modified to be owned by one of them;
¡¡(d) the relation of joint ownership of the real estate is
converted from co-ownership by equal shares into common ownership or
from common ownership into co-ownership by equal shares;
¡¡(e) the transferee of a transferred land use right concludes a
supplementary agreement with the transferor, stipulating to modify
the name of the transferee in the transfer contract into that of the
project company he has established, with the exception that the
transferee invests the said land use right converted into a valuated
price.
Article 12 (Scope of registration of advance notice of the right of
mortgage over a house construction project)
In case of an application for advance notice registration of the
right of mortgage over a house construction project, the scope of
mortgaged properties under the advance notice registration shall
include the right to use the land occupied by the house construction
project.
Article 13 (Procedure for cancellation of the involved right of
mortgage at the time of transfer of houses by unit)
After the documents of promise made by the mortgagee to land use
right or the mortgagee to a house construction project on waiving
the right of mortgage of the corresponding part at the time of
advance sale of the houses by unit has been registered and recorded,
the registration institution shall, when approving the advance
notice registration of the advance purchase of the commodity houses,
cancel the mortgage registration of the land use right of the
relevant part and the advance notice registration of the right of
mortgage of the house construction project.
Article 14 (Registration of the real estate jointly owned by all
owners)
A real estate development enterprise shall, when applying for
initial registration of the ownership of houses, simultaneously
apply for registration of the real estate jointly owned by all
owners. The registration institution shall record it on the real
estate registration book but shall not issue the certificate on the
real estate ownership.
Article 15 (Documents of proof on which the registration institution
is based to cancel real estate registration according to its power)
The registration institution shall, when canceling real estate
registration in accordance with Article 41 of the Regulation, be
based on the following documents of proof:
¡¡(a) proof of loss of the house issued by the district (county)
administrative department of real estates at the locality of the
house;
¡¡(b) the agreement concluded between the Municipal Real Estate
Resource Bureau or the district (county) administrative department
of real estates and the obligee on canceling the contract for
transfer of land use right or the contract for lease of land use
right;
¡¡(c) proof provided by the Municipal Real Estate Resource Bureau or
the district (county) administrative department of real estates on
termination of the transferred or leased land use right due to the
expiry of the time limit for use of the land.
Article 16 (Ascertainment of conflicts at the examination of
application for initial registration)
If there is any recorded particular of the land use right of others
within the scope of the land under application for initial
registration of land use right, it shall be ascertained that the
particular under application for registration is in conflict with
the records in the real estate registration book.
If there is any of the following recorded particular within the
scope of the land under application for initial registration of
house ownership, it shall be ascertained that the particular under
application for registration is in conflict with the records in the
real estate registration book:
¡¡(a) there is unilateral registration of advance notice of the
transfer of house construction project;
¡¡(b) there is unilateral registration of advance notice of the
transferred right to use large plot of developed land.
Article 17 (Ascertainment of conflicts at the examination of
application for transfer registration)
Where the real estate under application for transfer registration
has any of the following recorded particulars, it shall be
ascertained that the particular under application for registration
is in conflict with the records in the real estate registration
book:
¡¡(a) if there is an advance notice registration of advance purchase
by others of the commodity house or a unilateral registration of
advance notice of transfer by others of real estate, but the party
concerned applies for transfer registration of land use right due to
transfer of a house construction project , the present item shall
not apply;
¡¡(b) there are legal documents on registration of restrictive
measures such as property preservation enforced by the judicial
organ or administrative organ;
¡¡(c) any document of proof related to the dispute over ownership of
real estate, which has been accepted by the people's court,
arbitration institution or administrative organ, is registered or
recorded.
Article 18 (Ascertainment of conflicts at the examination of
application for modification registration)
If an application for modification registration due to any partition
of real estate or any circumstance in Paragraph 2 of Article 11 of
the present provisions contains any recorded particular in Article
17 of the present provisions, it shall be ascertained that the
particular under application for registration is in conflict with
the records in the real estate registration book.
Article 19 (Ascertainment of conflicts at the examination of
application for cancellation registration)
If an application for cancellation registration due to abandonment
of land use right or house ownership contains any of the following
recorded particulars, it shall be ascertained that the particular
under application for registration is in conflict with the records
in the real estate registration book:
¡¡(a) there is registration of other rights attached to real estate;
¡¡(b) there is dissent registration;
¡¡(c) there is advance notice registration;
¡¡(d) there is registration of legal documents on restrictive
measures such as property preservation enforced by the judicial
organ or administrative organ;
¡¡(e) any document of proof related to the dispute over ownership of
real estate, which has been accepted by the people's court,
arbitration institution or administrative organ, is registered or
recorded.
Article 20 (Ascertainment of conflicts at the examination of
application for registration of other rights attached to real
estate)
If, in addition to the application for canceling other rights
attached to real estate, the real estate under application for
registration of other rights attached thereto is under the
registration of legal documents on restrictive measures such as
property preservation enforced by the judicial organ or
administrative organ, it shall be ascertained that the particular
under application for registration is in conflict with the records
in the real estate registration book.
For the real estate under application for registration of other
rights attached thereto, if any document of proof related to the
dispute over ownership of real estate, which has been accepted by
the people's court, arbitration institution or administrative organ,
is registered or recorded, it shall be ascertained that the
particular under application for registration is in conflict with
the records in the real estate registration book.
Article 21 (Ascertainment of conflicts at the examination of
application for advance notice registration)
If the real estate under application for advance notice registration
contains any of the following recorded particulars, it shall be
ascertained that the particular under application for registration
is in conflict with the records in the real estate registration
book:
¡¡(a) there is registration of legal documents on restrictive
measures such as property preservation enforced by the judicial
organ or administrative organ;
(b) any document of proof related to the dispute over ownership of
real estate, which has been accepted by the people's court,
arbitration institution or administrative organ, is registered or
recorded.
If the real estate under application for advance notice registration
of the advance purchase of the commodity house contains the recorded
particular prescribed in Paragraph 1 of the present article or
contains the advance notice registration of commodity house
purchased by others in advance, it shall be ascertained that the
particular under application for registration is in conflict with
the records in the real estate registration book.
If the application for canceling advance notice registration of a
commodity house purchased in advance contains the recorded
particulars prescribed in Paragraph 1 of the present article or
contains the advance notice registration of a commodity house
subject to the right of mortgage, it shall be ascertained that the
particular under application for registration is in conflict with
the records in the real estate registration book.
If the application for advance notice registration of the right of
mortgage over a house construction project contains the recorded
particulars prescribed in Paragraph 1 of the present article or
contains the record of registration of the permit for advance sale,
it shall be ascertained that the particular under application for
registration is in conflict with the records in the real estate
registration book.
Article 22 (Real estate registration fee)
The applicant for real estate registration shall pay the real estate
registration fee as prescribed, and pay information inquiry fee for
real estate registration as prescribed when consulting the real
estate registration book or the relevant documents. The real estate
registration fee and the information inquiry fee for real estate
registration shall be turned in to the treasury as prescribed.
The proposals on the items of real estate registration fee and
information inquiry fee for real estate registration shall be made
by the Municipal Real Estate Resource Bureau, and be approved by the
municipal financial department jointly with the municipal
administrative department of price before the enforcement; the
proposals on the fee rates shall be made by the Municipal Real
Estate Resource Bureau, and be approved by the municipal
administrative department of price jointly with the municipal
financial department before the enforcement.

Article 23 (Link-up of the new regulation and the old one)
The applications for registration of real estate which were accepted
before April 30, 2003 but haven't been examined shall be dealt with
in accordance with the Regulation of Shanghai Municipality on Real
Estate Registration (hereinafter referred to as the original
Regulation) adopted at the 23rd meeting of the Standing Committee of
the 10th People's Congress of Shanghai Municipality on November 30,
1995; the applications for registration of real estate accepted as
of May 1, 2003 shall be dealt with in accordance with the
Regulation.
The registration and record of contracts for advance sale of
commodity house, the registration of mortgage of commodity houses
purchased in advance, the registration of mortgage of house
construction projects, which were made in accordance with the
original Regulation, shall be deemed as advance notice registration
and be subject to the Regulation as of May 1, 2003. Among which, if
the initial registration of house ownership has been made, the
applicable period of two years prescribed in paragraph 4 of Article
49 of the Regulation shall be calculated as of May 1, 2003.

Article 24 (Date of entry into force)
The present provisions shall come into force on May 1, 2003.
　

Bright Jon    Attorney-at-law   Fax: +86-512-53516040  email@colaw.cn
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