First, strengthen system construction and provide organizational guarantee for the implementation of unified registration.
The implementation of the unified registration system of real estate needs effective organizational guarantee. System construction in place, personnel transfer in place, and responsibility performance in place are the basic requirements of system construction, and also the prerequisite for carrying out work in accordance with regulations, implementation rules and norms. In order to ensure the smooth implementation of the unified real estate registration system, all localities should implement the requirements of the responsible institutions to integrate documents as soon as possible, quickly put the matters determined in the documents in place, earnestly strengthen the construction of real estate registration institutions, clarify the organizational structure and leadership team, and ensure that the business backbones who used to engage in various types of registration are transferred to their posts.
The application, acceptance, examination, registration and certification of real estate registration are the legal duties of real estate registration agencies. It is necessary to ensure the integrity of the registration duties of the real estate registration agency, and it is not allowed to split or arbitrarily divide it in violation of laws and regulations, and it is not allowed to separate the audit duties of real estate registration from the whole registration procedure or handle it by departments. In the process of implementing the unified real estate registration system, real estate registration agencies at all levels should not only effectively link the real estate registration with the supervision and transaction management of related industries to ensure stability and order, but also fully implement and perform their statutory duties in strict accordance with relevant regulations, and carry out the registration review reasonably and prudently according to law with a highly responsible attitude to ensure that the real estate rights recorded in the register are true and accurate.
Second, make technical preparations to lay a solid foundation for unified registration.
The Code further refines and clarifies the basic principles and procedures of real estate registration, as well as the applicants, submission materials and review points of various types of real estate registration, and standardizes the management of registration materials and related document formats. These requirements should be implemented in technical preparations such as registration data transmission, business process reengineering, data integration and system development, and information platform construction. All localities should invest enough technical personnel and funds to make technical preparations. It is necessary to comprehensively sort out and form a set of standardized registration business processes in accordance with the provisions of the Regulations and the Implementation Rules and in combination with the characteristics of various types of registration refined in the Regulations. At the same time, it is necessary to build a real estate registration database and a real estate registration information system as soon as possible to meet the needs of issuing new certificates and accessing the national information platform.
Real estate registration information is an important basis to prove the ownership of real estate rights and a prerequisite for real estate registration and information inquiry according to law. Only by registering according to complete original data can we ensure accurate and efficient registration. Property law, regulations and implementation rules clearly stipulate that real estate registration materials are managed by real estate registration agencies; The Notice of the Central Committee on Integrating the Responsibilities of Real Estate Registration (Zhongfa [2065]134) stipulates that the integration and transfer of real estate registration materials should be done well; The Guiding Opinions on Integrating Local Real Estate Registration Responsibilities (Guo Tu Zi Fa [2065438+05] No.50) compiled by the Central Committee of the Ministry of Land and Resources requires that data transfer should be done well under the unified leadership of the government. The Guiding Opinions of the Ministry of Land and Resources and the Ministry of Housing and Urban-Rural Development on the Connection between Unified Registration of Real Estate and Housing Transaction Management (Guo Tu Zi Fa [2065438+05] No.90) stipulates that housing registration materials such as housing registration books shall be managed by real estate registration agencies. Real estate registration agencies at all levels should actively strive for the attention and support of party committees and governments in accordance with the above provisions, strengthen communication and coordination with relevant parties, and ensure that registration books, proof materials of ownership sources, proof documents of registration reasons, relevant registration applications and audits are handed over in place as scheduled. The original electronic registration materials and paper registration materials must be handed over completely and safely as planned. Temporarily unable to transfer synchronously, give priority to the electronic registration materials, and then gradually transfer the original paper registration materials.
Third, strengthen the construction of the registration window and implement the requirements of facilitating the people and benefiting the people.
The Code has made detailed requirements on the construction of real estate registration window and the norms of real estate registration procedures, which is an important measure to facilitate the people and benefit the people. Real estate registration agencies at all levels should implement the provisions of the Code, strengthen communication with relevant departments, scientifically and reasonably set up real estate registration windows, and do a good job in building windows such as staffing and post setting to ensure efficient and orderly real estate registration. In accordance with the laws and relevant regulations, we should pay close attention to the information such as the catalogue of materials, model texts, processing time limit, etc. required for applying for registration in the offices and portals of real estate registration agencies, so as to effectively facilitate enterprises and the masses to handle real estate registration.
All localities should conscientiously implement the "Notice of the General Office of the State Council on Simplifying and Optimizing the Service Process of Public Companies to Facilitate the Work of Grassroots People" (Guo Ban Fa [2065438+05] No.86) "resolutely cut off all kinds of unnecessary certificates and cumbersome procedures, and in principle cancel all the links of certificates and seals without legal and regulatory basis". For certification, examination, filing, examination and approval, and stamping without legal and regulatory basis,
Four, strict registration information management, the implementation of information security related regulations.
The Code makes specific provisions on real estate registration information inquiry and safety management. Real estate registration agencies at all levels should fully understand the importance of information security, establish and improve the security and confidentiality system of real estate registration data in accordance with the provisions of the Code, and strictly control key links such as registration data transfer, data integration and database building, information system operation, registration business development and information sharing and inquiry to ensure information security in the whole process of real estate registration. Construction of real estate registration data storage places that meet the security and confidentiality standards. Strengthen personnel management, and realize all-round supervision of registered information by signing confidentiality agreements, conducting information security risk assessment and inspection, and regularly conducting information security education and training for staff.
All localities should fully implement the statutory inquiry system for real estate registration information, and they are not allowed to inquire at will except that the right holders, interested parties and relevant state organs can inquire about the registration information according to law. Units and individuals who inquire about real estate registration materials shall perform the obligation of confidentiality, and shall not disclose the real estate registration materials obtained through inquiry without the consent of the obligee. Real estate registration agencies, units enjoying real estate registration information and relevant staff shall keep the real estate registration information confidential. In addition to the normal handling of real estate registration business, the staff of the real estate registration agency shall not transfer or consult the registration information unrelated to the handling of business without authorization, nor shall they disclose the real estate registration information. Real estate registration agencies shall not provide real estate registration information through government information disclosure. Those who disclose real estate registration information in violation of state regulations should be dealt with severely; Those who cause information security accidents or damage to others shall be investigated for legal responsibility according to law.
Five, strengthen learning and training, and constantly improve the quality of registered personnel.
Code is one of the important bases of real estate registration and an important part of the construction of real estate registration system. It is of great significance to promote the unified real estate registration system at the grassroots level, which is conducive to the standardization and standardization of real estate registration business, facilitating the masses and providing quality services, and is conducive to the registration staff to master the business skillfully. Real estate registration agencies at all levels should fully understand the significance of the Code, make careful planning and reasonable arrangements, and conscientiously do a good job in study and training. It is necessary to combine the study and implementation of the Code with the implementation of the Regulations and detailed rules, and put them on the agenda as an important part of the "Capacity Building Year" activities, make specific arrangements and put forward clear requirements. Through special study, counseling and training, expert interpretation, business discussion, etc. It is necessary to grasp the first level and train the first level to ensure that the study and training time is guaranteed, the personnel are fully covered, and the effect is maximized. It is necessary to implement the operational requirements of the Code in real estate registration, improve registration efficiency, ensure registration quality, and effectively protect the legitimate rights and interests of obligees.
legal ground
Specification for Real Estate Registration (for Trial Implementation) The competent departments of land and resources of all provinces, autonomous regions, municipalities directly under the Central Government and cities under separate state planning, the Land and Resources Bureau of Xinjiang Production and Construction Corps, the Land Administration Bureau of the People's Liberation Army, the State Oceanic Administration, the State Bureau of Surveying and Mapping Geographic Information, the local State Land Supervision Bureau, and relevant departments and units of the Ministry:
20 16 is a crucial year to consolidate and expand the achievements of unified real estate registration and do a good job in the implementation of unified real estate registration system at the grassroots level. It is necessary to strive for all cities and counties to issue new certificates before the end of the year and stop issuing old ones. In order to achieve this goal, effectively standardize the registration of real estate, and further clarify the basis of operation, our department has studied and formulated the Code of Practice for Real Estate Registration (for Trial Implementation) based on the Property Law, the Provisional Regulations on Real Estate Registration (hereinafter referred to as the Regulations) and the Detailed Rules for the Implementation of the Provisional Regulations on Real Estate Registration (hereinafter referred to as the Rules).