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导航Ministry of Natural Resources, State-owned Assets Supervision and Administration Commission of the State Council, State Taxation Administration, National Financial Regulatory Administration
Notice on Further Improving the Facilitation of Real Estate Registration to Promote the Optimization of the Business Environment
Document Number: No. 9 [2024] of the Ministry of Natural Resources
Issued by: Ministry of Natural Resources, State-owned Assets Supervision and Administration Commission of the State Council, State Taxation Administration, and National Financial Regulatory Administration
Issued on: December 21, 2023
Status: Full Text Valid
To the competent departments of natural resources, state-owned assets supervision and administration departments, and taxation departments of all provinces, autonomous regions, and municipalities directly under the Central Government, all regulatory bureaus of the National Financial Regulatory Administration, the Natural Resources Bureau, the State-owned Assets Supervision and Administration Commission, and the Taxation Bureau of the Xinjiang Production and Construction Corps, and all policy banks, large banks, and joint-stock banks:
Real estate registration is an important system for serving economic and social development and protecting the property rights of the people. It is also an important part of the business environment. The following notice is hereby issued in order to implement the decisions and arrangements of the CPC Central Committee and the State Council, further improve the facilitation of real estate registration, promote the optimization of the business environment, and boost high-quality development:
I. Promote "Whole-process Online Handling" of Matters in an All-round Manner
(1) Improve the rate of “whole-process online handling” of high-frequency matters. Embedded real-time information interconnection and sharing should be deepened to promote online handling of all types of real estate registration matters and realize "whole-process online handling" of a higher proportion of high-frequency matters such as transfer registration and mortgage registration. The aim is to create a demonstration model of integrated provision of inter-provincial government services in the Yangtze River Delta region, with "whole-process online handling" as the main content which is supplemented by offline services; on such basis, this model should be gradually applied in regions such as the Beijing-Tianjin-Hebei region and the Chengdu-Chongqing region. Security management should be reinforced to effectively prevent risks, including verifying the identity and intention of users online through face recognition, audio and screen recording, and other measures.
(2) Promote the application of electronic certificates and proofs. Efforts should be made to promote the socialized application of electronic real estate registration certificates in mortgage loans, tax collection and payment, business entity registration, household registration management, education enrollment, property notarization, and ownership transfer of water, electricity, gas and heat accounts. The ultimate purpose is to gradually achieve their full coverage in various application scenarios.
(3) Improve online information query services. The certificates of real estate registration information electronic form or hard copy form have the same legal effect. In places where the conditions permit, the relevant departments may carry out online visual query in both the real estate registration database and the cadastral database, and explore authorized and commissioned online query by real estate rights holders as well as online query by stakeholders. A solid foundation should be made for information query by improving the quality of registration data.
II. Innovate Registration Services for Entire-life-cycle Project Construction
(1) "Certificate issuance upon land (property) delivery". The relevant departments should proactively provide early real estate registration services, carry out cadastral surveys in advance, and open up services to upstream matters in order to gradually realize information sharing and parallel handling of matters such as land supply, planning approval, and real estate registration for various projects. In the land supply stage, they should encourage business entities to apply for real estate registration while signing the land transfer contract or obtaining the written allocation decision, thus realizing "certificate issuance upon land delivery". In the land transfer stage, they should fully leverage the online transaction services of the secondary land market and promote the integration of land transaction and registration services through comprehensive windows and information sharing, thus realizing "certificate issuance upon land transaction". In the project completion stage, business entities may also apply for real estate registration to realize "certificate issuance upon project completion". Upon passing acceptance inspection, business entities may apply for the first-time property registration and transfer registration synchronously, thus realizing "certificate issuance upon property delivery".
(2) "Certificate issuance upon mortgage". Business entities that have mortgage financing demands may apply for first-time registration and mortgage registration of land at the same time. Depending on the financing demands of business entities and the physical forms of real estate, the relevant departments may open up new services such as land mortgage, mortgage for properties under construction, and real estate mortgage, and may also merge the handling of matters such as the cancellation, establishment, and change of mortgage rights in order to the meet the mortgage financing needs of project construction at different stages.
III. Improve the Registration Services for Enterprises
(1) Serve enterprises' systematic reform and restructuring. The relevant departments should encourage the setup of specific areas or windows for handling business matters and the provision of a green channel for handling real estate registration for enterprises. Where an enterprise's reform and restructuring involves the transfer of ownership, if the policies of reduction, exemption or temporary exemption of deed tax, stamp tax and land value-added tax apply, the enterprise should apply for registration and taxation handling through the comprehensive window. After the tax authorities handle the relevant tax matters, the real estate registration agency should promptly handle real estate registration by law for the aim of better supporting the reform and development of these business entities. In accordance with the Notice of the Ministry of Natural Resources and the State-owned Assets Supervision and Administration Commission of the State Council of Issues Concerning Boosting State-Owned Enterprises to Revitalize Stock Land (No. 205 [2022] of the Ministry of Natural Resources), the relevant departments should directly register name alteration of the right holder of the eligible land for transforming SOEs into stock companies when only the name of the right holder needs changing.
(2) Waive fees for real estate registration of small and micro enterprises. For small and micro enterprises that meet the standards specified in the Notice of the Ministry of Industry and Information Technology, the National Bureau of Statistics, the National Development and Reform Commission, and the Ministry of Finance on Issuing the Standards for Classifying Small and Medium-sized Enterprises (No. 300 [2011] of GXBLQY), they should be waived from real estate registration fees provided that they submit a commitment letter for exemption of real estate registration fees for small and micro enterprises; in such case, they should not be required to submit additional materials evidencing that they are small and micro enterprises. Individual industrial and commercial households should be directly exempted from real estate registration fees by presenting their business licenses; in such case, they are not required to submit a letter of commitment.
IV. Strengthen Efficient Coordination Between Registration, Taxation and Finance Matters
(1) Promote one-window matter handling and the provision of "All-in-One-Go" government services The relevant departments should strictly implement the provisions regarding "one-window acceptance and parallel handling of real estate registration, transactions and tax payment" in the Regulations on Optimizing the Business Environment. In specific, they should improve the arrangement, personnel allocation, service capabilities and matter handling ratio of comprehensive windows for the aim of accelerating their functional upgrade to one-window matter handling and the provision of "All-in-One-Go" government services. Joint-handling matters such as real estate registration and tax payment should be handled at comprehensive windows. In terms of payment, the relevant departments should improve the methods for payment of land transfer prices and related taxes and fees, and raise the amount of online payment within a reasonable range. In terms of invoicing services, the relevant departments should provide proxy invoice issuance services for taxpayers, promote online proxy invoice issuance, and accelerate the application of fully digitalized electronic invoices. Efforts should also be made to promote real-time information sharing regarding tax collection and real estate registration at the provincial level.
(2) Promote synergy among financing services for real estate mortgage. The Ministry of Natural Resources and the National Financial Regulatory Administration will seek to establish a systematic collaboration mechanism to promote efficient synergy of cross-departmental, cross-regional and cross-level matter handling services. They will gradually expand the services of real estate registration outlets for banking financial institutions in order to realize nearby application and acceptance of joint-handling matters such as mortgage registration and transfer registration. They will deepen the real estate registration reform of "ownership transfer with mortgage" for various types of real estate, including industrial and commercial real estate, between banking financial institutions. They will also promote the mortgage registration of "loan renewal without principal repayment", that is, realizing seamless linkage of mortgage registration through measures such as combined handling of old mortgage cancellation and new mortgage setup, combined handling of priority mortgage setup and old mortgage cancellation, and registration of change in mortgage arrangement.
V. Expand the Coverage of Advance Registration
(1) Strengthen publicity and education. The relevant departments should conduct comprehensive advance registration for pre-purchased commercial housing and accelerate the promotion of advance registration for stock housing. Efforts should be stepped up in publicity and promotion so that the public widely recognize advance registration as an important means to prevent risks such as "double sale of housing" and "mortgage after sales" for commercial housing from the source. In addition, buyers and sellers should be guided to actively apply for advance registration.
(2) Expand the coverage of service outlets. The relevant departments should actively expand the coverage of registration services for banking financial institutions, real estate development companies, real estate registration agencies and other institutions, and promote online, prompt and free-of-charge advance registration. Besides, they should ensure advance registration proceeds simultaneously with the signing of real estate right agreements at comprehensive windows.
(3) Strengthen the application of outcomes. Advance registration is the basis of the review and approval of loans release by banking financial institutions. The tax authorities may also collect taxes based on the results of advance registration.
VI. Improve the Handling of Inheritance Registration
(1) Streamline material inspection. If real estate registration involves non-notarized inheritance: in terms of statutory inheritance, all statutory heirs should jointly inspect the inheritance materials; in terms of testamentary inheritance, all statutory heirs should jointly inspect the validity of the will and confirm whether it is the last will; in terms of a legacy that is bequeathed, all statutory heirs and legatees should jointly inspect the inheritance materials. In the event that the inheritance materials are jointly inspected by all statutory heirs, the second-order heirs need not to be present if the first-order heirs are present. Any heir who provides a certificate of waiver of inheritance rights also needs not to be present.
(2) Introduce the estate administrator system. Any person who is designated by the people's court as an estate administrator should be present to assist the right holder of the real estate in applying for registration. The handling process is thus streamlined and the handling time is shortened through confirming the inheritance relationship and application materials.
(3) Seek to establish the notification and commitment system. If the application materials for real estate registration are hard to access, such as death certificates and kinship certificates, local governments may allow replacing them with notifications and commitments by specifying the applicable circumstances, verification methods, and punishment rules for dishonest behaviors.
VII. Improve the Long-term Mechanism for Resolving Historical Problems
(1) Reinforce the daily resolution mechanism. The relevant departments should continue to consolidate the working mechanism whereby the government play a leading role and various departments work in collaboration. They should work proactively to address the difficulty in real estate registration arising from historical problems on a daily basis. The goal should be to address any problem that arises and safeguard the legitimate rights and interests of enterprises and the masses by law. They should speed up problem resolution by summing up innovative measures and typical experiences in a timely manner and collecting the negative cases of omissions and misconducts. Based on working needs, they may also continuously conduct special campaigns to promote centralized resolution of these problems.
(2) Establish a platform and mechanism for problem discovery and resolution. Since real estate registration services are directly made available to enterprises and the masses, the relevant departments should establish a sound platform and mechanism for discovering and resolving historical problems based on the fact that all unaddressed problems can be fed back at the service windows. On such basis, they should record, sort out and classify the certificate handling demands and problems reported by the masses, which should be then fed back to the upstream registry authorities in a timely manner according to the principle of "supplying the shortage and assuming responsibility for approval results". When necessary, they should provide a list of handling tips and recommendations and facilitate concerted efforts to discover and address problems on a routine basis.
(3) Prevent the emergence of new lingering problems. The relevant departments should strengthen the connection of natural resources approval and real estate registration and work to realize closed dynamic supervision of the entire business chain covering land use approval, planning approval, land supply, development and utilization, and law enforcement supervision. It is worth noting that the statutory registration materials must be complete in order avoid new lingering problems from the source.
VIII. Deepen Regular Team Work Style Construction
(1) Give play to the demonstration and leading role of typical cases. The relevant departments should improve the professional capabilities and sense of belonging of front-line registration staff by giving play to the demonstration and leading role of typical cases, including organizing regular skills contests of real estate registration, consistently carrying out the welfare activity to look for the most beautiful real estate registration professionals, and establishing national typical windows for the convenience and benefit of the people.
(2) Strengthen regular education and management. The relevant departments should reinforce regular training and supervision of registration professionals, including seriously investigating and dealing with violations such as accepting benefits, falsifying information, and changing information in violation of regulations. They should also update the national database of warning cases of real estate registration in a dynamic manner and organize regular warning education activities.
(3) Improve the professional protection of registration professionals. The relevant departments should sum up practical experience and broaden the career promotion channels of real estate registration professionals. They should improve the risk security mechanism of real estate registration through measures such as establishing a liability insurance system for real estate registration and taking measures such as purchasing real estate registration liability insurance. In view of the fact that women account for a larger proportion in front-line window workers, the relevant departments should grant to them honorary titles such as "Women Civilization Posts" and "March 8th Red Banner Pacesetters", and improve related measures to promote female career growth.
All localities should make concerted efforts to achieve the same goal effectively based on actual situations. They should guide local cities and counties to make innovations and breakthroughs based on reality in order to optimize the registration services, improve service efficiency, and continuously enhance the sense of gain, happiness, and security of enterprises and the masses in real estate registration.
Ministry of Natural Resources, State-owned Assets Supervision and Administration Commission of the State Council,
State Taxation Administration, and National Financial Regulatory Administration
December 21, 2023
