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Order of the President of the People’s Republic of China
No. 62
The Real Right Law of the People’s Republic of China has been adopted at the 5th session of the Tenth National People’s Congress on
March 16, 2007. It is hereby promulgated and shall go into effect as of October 1, 2007.
President of the People’s Republic of China Hu Jintao
March 16, 2007
Real Right Law of the People’s Republic of China
(Adopted at the 5th session of the Tenth National People’s Congress on March 16, 2007)
Contents
Part I General Rules
Chapter I Basic Principles
Chapter II Creation, Alternation, Alienation and Termination of Real Right
Section 1 Reality Registration
Section 2 Chattel Delivery
Section 3 Other Rules
Chapter III Protection of Real Right
Part II Ownership
Chapter IV General Rules
Chapter V State Ownership, Collective Ownership and Private Ownership
Chapter VI Owners’ Partitioned Ownership of Building Areas
Chapter VII Neighboring Relationship
Chapter VIII Common Ownership
Chapter IX Special Rules on Acquiring Ownership
Part III Usufructuary Rights
Chapter X General Rules
Chapter XI Right to the Contracted Management of Land
Chapter XII Right to Use Construction Land
Chapter XIII Right to Use House Sites
Chapter XIV Easement
Part IV Real Rights for Security
Chapter XV General Rules
Chapter XVI Mortgage Right
Section 1 General Mortgage Right
Section 2 Mortgage Right at Maximum Amount
Chapter XVII Pledge Right
Section 1 Chattel Pledge
Section 2 Right Pledge
Chapter XVIII Lien
Part V Possession
Chapter XIX Possession
Supplementary Rules
Part I General Rules
Chapter I Basic Principles
Article 1
In accordance with the Constitution Law, the present Law is enacted with a view to maintaining the basic economic system of the state,
protecting the socialist market economic order, clearly defining the attribution of the res, bringing into play the utilities of
the res and safeguarding the real right of the right holder.
Article 2
The civil relationships incurred from the attribution and utilization of the res shall be governed by the present Law.
The term “res” as mentioned in the present Law means realties and chattels. Where it is prescribed in any provision that certain right
shall be taken as an object of real right, such provision shall be applicable.
The term “real right” as mentioned in the present Law means the exclusive right of direct control over a specific res enjoyed by the
holder in accordance with law, including ownership, usufractuary right and real rights for security.
Article 3
In the primary phase of socialism, the state adheres to the basic economic system with the public ownership playing a dominant role
and diverse forms of ownership developing side by side.
The public economy shall be consolidated and developed by the state, and the development of the nonpublic economy shall be encouraged,
supported and guided.
The socialist market economy system shall be practiced by the state as well as the equal legal status and development rights of all
market subjects shall be protected.
Article 4
The real right of the state, collective, individual or any other right holder shall be protected by law, and may not be damaged by
any entity or individual.
Article 5
The varieties and contents of real rights shall be prescribed by law.
Article 6
The creation, alteration, alienation or termination of the real right of a realty shall be subject to registration in accordance
with law. The creation or alienation of the real right of a chattel shall be delivered in accordance with law.
Article 7
One shall, when acquiring or exercising a real right, comply with the law, respect social morals and may not infringe upon the public
interests or the lawful rights and interests of any other person.
Article 8
In case there exists any other special provision in respect of real right in any other law, such special provision shall prevail.
Chapter II Creation, Alteration, Alienation and Termination of Real Right
Section 1 Reality Registration
Article 9
Until it is registered in accordance with law, the creation, alteration, alienation or termination of the real right of a realty
shall come into effect; unless it is otherwise prescribed by any law, it shall have no effect if it is not registered in accordance
with law.
As regards the ownership of the natural resources owned by the state in accordance with law, the registration is not required.
Article 10
The registration of a realty shall be handled by the registration organ at the locality of the realty.
A uniform registration system over realties shall be practiced by the state. The scope, organ and measures of uniform registration
shall be specified by the related laws and administrative regulations.
Article 11
In light of the different registration items, an applicant shall, when applying for the registration of a realty, provide the ownership
certificate of the realty and such necessary materials as the location and area of the realty.
Article 12
A registration organ shall perform the duties as follows:
(1)
to examine the ownership certificate and other necessary materials as provided by the applicant;
(2)
to inquire the applicant about the registration items concerned;
(3)
to register the related items in accordance with the facts and in a timely manner; and
(4)
other duties as provided for in any law or administrative regulation.
In case the related situation of the realty under application for registration needs further proving, the registration organ may request
the applicant to provide supplementary materials and conduct on-the-spot inspection where necessary.
Article 13
No registration organ may commit any of the behaviors as follows:
(1)
to ask for an evaluation of a realty;
(2)
to repeatedly register registration in the name of annual inspection; or
(3)
other behaviors conducted beyond its scope of registration duties.
Article 14
As regards the creation, alteration, alienation or termination of the real right of a realty, it shall go into effect since the date
when it is recorded in the realty register in case the registration thereof is required by law.
Article 15
As regards a contract entered into by the related parties concerned on the creation, alteration, alienation or termination of the
real right of a realty, it shall go into effect upon the conclusion of the contract, unless it is otherwise prescribed by any law;
and the validity of the contract is not affected, whether the real right has been registered or not.
Article 16
The realty register shall be the basis for deciding the ownership and contents of a realty and shall be under the management of the
registration organ.
Article 17
The realty ownership certificate shall be the evidence for the holder’s ownership of a realty. The items recorded in the realty ownership
certificate shall accord with those recorded in the realty register; unless it is proved that there is anything wrong in the realty
register, the one recorded therein shall prevail in the case of any inconsistence.
Article 18
Any right holder or interested party may file an application for consulting or copying the registration materials, and the registration
organ may not reject.
Article 19
In case any right holder or interested party holds that there is anything wrong in any item recorded in the realty register, it/he
may apply for a correction of the registration. The registration organ shall revise the registration accordingly, in case the holder
recorded in the realty register agrees to revise the registration in written form or there is evidence to prove that the registration
is wrong.
The interested party may apply for dissidence registration, in case the holder recorded in the realty register does not agree to the
alteration. Where the registration organ grants the dissidence registration but the applicant fails to lodge an action within 15
days as of the date of dissidence registration, the dissidence registration shall lose its effect. In case the dissidence registration
is improper and bring into damages to the right holder, the holder may require the applicant to compensate for damages.
Article 20
In case the related parties entered into a purchase agreement on a premise or the real right of any other realty, they may apply
for advance notice registration to the registration organ so as to ensure the realization of the real right in the future. Without
the consent of the holder in the advance notice registration, any disposal of the realty, after the advance notice registration,
may not produce effect of real right.
In case the obligee’s right is terminated after the advance notice registration is made, or the application for the registration of
the realty is not filed within 3 months as of the date when it can be registered, the advance notice registration shall lose its
effect.
Article 21
In case any related party provides false materials for applying for registration and causes damages to any other person, it/he shall
assume the liability for compensation.
In case any registration organ causes damages to any other person by virtue of any mistake in registration, it shall assume the liability
for compensation. The registration organ may, after making the compensation, recover the amount from the person who causes the registration
mistake.
Article 22
Realty registration fees shall be charged on each piece, and may not be charged on the basis of the size, volume or certain proportion
of the realty’s value. The concrete charging rates shall be formulated by the related departments in the State Council in collaboration
with the competent pricing department.
Section 2 Chattel Delivery
Article 23
Unless it is otherwise prescribed by any law, the creation or alienation of the real right of a chattel shall come into effect upon
delivery.
Article 24
The creation, alteration, alienation or termination of the real right of any vessel, aircraft or motor vehicle and so on may not
challenge any bona fide third party if it is not registered.
Article 25
In case the right holder has legally possessed the chattel prior to the establishment or alienation of a chattel’s real right, the
real right shall come into effect upon the effectiveness of the legal act.
Article 26
In case a third party has legally possessed the chattel prior to the establishment or alienation of a chattel’s real right, the person
assuming the obligation of delivery may, instead of delivery, alien the right to request the third party to return the original object.
Article 27
In case both parties agree to let the alienator continuously possess the chattel when the real right of a chattel is alienated, the
real right shall go into effect upon the effectiveness of the agreement.
Section 3 Other Rules
Article 28
In case the creation, alteration, alienation or termination of a real right is resulted from a legal document of the people’s court
or arbitration committee or a requisition decision of the people’s government, etc, the real right shall come into effect upon the
effectiveness of the legal document or the requisition decision of the people’s government.
Article 29
In case real right is acquired through inheritance or bequest, it shall go into effect as of the beginning time of the inheritance
or bequest.
Article 30
In case a real right is created or terminated as a result of such factual behaviors as the legal construction or premise demolition,
it shall come into effect upon the accomplishment of the factual behavior.
Article 31
As regards a real right of realty enjoyed according to the provisions of Articles 28 through 30 of the present Law, any disposal
thereof may not produce effect of real right until it is registered as required by law.
Chapter III Protection of Real Right
Article 32
Where a real right is damaged, the right holder may settle the problem by means of conciliation, mediation or arbitration, etc.
Article 33
Where any dispute over the ownership or content of real right arises, the interested parties may require the confirmation of the
right.
Article 34
Where a realty or chattel is under an unauthorized possession, the right holder may require the returning of the original object.
Article 35
In case a real right is under obstruction or may be obstructed, the right holder may require the removing of the impediment or the
termination of the danger.
Article 36
In case a realty or chattel is damaged, the right holder may require the repairing, remaking, changing or the restoration of the
original state.
Article 37
In case the infringement upon a real right causes losses to the right holder, the right holder may require the compensation for the
losses or the assuming of any other civil liability.
Article 38
The ways for protecting real right as prescribed in the present Law may apply either independently or jointly in light of the specific
situation of an injury of real right.
In addition to assuming civil liabilities, any entity or individual infringing upon a real right shall assume the administrative liabilities
where it/he violates any provision on administrative regulation; in case any crime is established, it/he shall assume the criminal
liabilities.
Part II Ownership
Chapter IV General Rules
Article 39
The owner of a realty or chattel is enpost_titled to possess, utilize, seek profits from and dispose of the realty or chattel in accordance
with law.
Article 40
The owner of a realty or chattel is enpost_titled to establish a usufructuary right or real right for security over the realty or chattel.
The holder of usufructuary right or the holder of real right for security may, when exercising the right, not injure the owner s
rights and interests.
Article 41
As regards a realty or chattel that is exclusively owned by the state as prescribed by law, its ownership may not be acquired by
any entity or individual.
Article 42
In order to meet the demands of public interests, it is allowed to requisition lands owned collectively, premises owned by entities
and individuals or other realties according to the statutory power limit and procedures.
When requisitioning land owned collectively, it is required to, in accordance with law and in full amount, pay land compensation fees,
placement subsidies, compensations for the above-ground fixtures of the lands and seedlings and other fees, arrange for social security
fees for the farmers with land requisitioned, guarantee their livelihood and protect their lawful rights and interests.
When requisitioning the premises owned by entities and individuals or other realties, it is required to compensate for demolishment
and relocation in accordance with law and protect the lawful rights and interests of the owners of the requisitioned realties; when
requisitioning the individuals’ residential houses, it is required to guarantee the housing conditions of the owners of the requisitioned
houses.
The compensation fees for requisition and other fees may not be embezzled, misappropriated, privately shared, detained or delayed
in the payment of by any entity or individual.
Article 43
Special protections are provided by the state for farm lands, the conversion of farm lands into construction lands is strictly restricted
and the aggregate quantity of construction lands is under control. No one may requisition any land owned collectively with violation
of the statutory power limit and procedures.
Article 44
For meeting needs of emergent dangers or disasters, it is allowed for one to use the realties or chattels owned by entities and individuals
according to the statutory power limit and procedures. Such realties or chattels shall, after the emergent use, be returned to the
owners. In case any realty or chattel owned by any entity or individual is used or damaged or lost after being used, corresponding
compensation shall be made.
Chapter V State Ownership, Collective Ownership and Private Ownership
Article 45
As regards the properties that shall be owned by the state as provided for by law, they shall be in the ownership of the state, that
is, owned by all the people.
The State Council shall exercise the ownership of state-owned properties on behalf of the state; in case there is any otherwise provision
in any law, such provision shall prevail.
Article 46
Mineral deposits, waters and sea areas shall be in the ownership of the state.
Article 47
Urban lands shall be in the ownership of the state. As regards lands in the rural areas and suburban areas that shall be owned by
the state as prescribed by law, they shall be in the ownership of the state.
Article 48
Such natural resources as forests, mountains, grasslands, waste lands and tidal flats shall be in the ownership of the state, except
for those that shall be in the ownership of collective as provided for by law.
Article 49
As regards the wildlife resources that shall be owned by the state as provisioned by law, they shall be in the ownership of the state.
Article 50
Radio frequency spectrum resources shall be in the ownership of the state.
Article 51
As regards the cultural relics that shall be owned by the state as provisioned by law, they shall be in the ownership of the state.
Article 52
National defense assets shall be in the ownership of the state.
As regards such infrastructures as railways, highways, electric power facilities, telecommunication facilities, and petrol and gas
pipelines that shall be owned by the state as provisioned by law, they shall be in the ownership of the state.
Article 53
State organs have the power, in accordance with the laws and the relevant provisions of the State Council, to possess, utilize and
dispose of any realty or chattel directly controlled by them.
Article 54
The public institutions held by the state have the power to possess, utilize, as well as, according to the laws and the relevant
provisions of the State Council, seek profits from and dispose of any realty or chattel directly controlled by them.
Article 55
As regards the enterprises set up with the funds invested in by the state, the State Council and the local people’s governments shall
perform and enjoy the contributor’s duties as well as rights and interests on behalf of the state in accordance with the relevant
laws and administrative regulations.
Article 56
The state-owned properties shall be protected by law, and no entity or individual may encroach, plunder, privately distribute, hold
back or damage them.
Article 57
The institutions and working personnel thereof in charge of performing the duties of managing and supervising state-owned assets
shall, according to law, strengthen the management and supervision of state-owned assets so as to promote the value maintenance and
appreciation prevent the losses thereof; in case any entity or individual causes any loss of state-owned assets by misusing authority
or neglecting duty, it/he shall assume legal liabilities in accordance with law.
In case any entity or individual, in the process of enterprise restructuring, merger, division or affiliated transactions, causes
losses of state-owned assets by way of transferring at a low price, conspiring to distribute them secretly, providing guarantee with
them without authorization or any other way with violation of the provisions on the management of state-owned assets, it/he shall
assume legal liabilities in accordance with law.
Article 58
The collectively-owned realties and chattels shall contain:
(1)
Lands, forests, mountains, grasslands, wastelands and tidal flats that shall be in the ownership of collective as provided for by
law;
(2)
Buildings, production facilities, farmland, and water conservancy facilities that are in the ownership of collective;
(3)
Facilities for education, science, culture, sanitation and sports, etc that are in the ownership of collective;
(4)
Other realties and chattels that are in the ownership of collective.
Article 59
The realties and chattels that are in the ownership of a farmers’ collective shall be collectively owned by all the members of this
collective.
The following issues shall be determined by the members of the collective according to the statutory procedures:
(1)
land contracting plan and whether to contract out a land to an entity or individual not included in the collective;
(2)
adjustment of the contracted lands among the right holders of the contracted management of land;
(3)
methods for using and distributing such fees as land compensation fees;
(4)
the alteration of ownership or any other related issue of an enterprise set up with the funds invested in by the collective; and
(5)
other issues provided for by any law.
Article 60
As regards any collectively-owned land, forest, mountain, grassland, wasteland or tidal flat, the ownership thereof shall be exercised
according to the provisions as follows:
(1)
In case it is owned by a farmers’ collective of a village, a collective economic organization or the villagers’ committee of the village
shall exercise the ownership on behalf of the collective;
(2)
In case it is owned by two farmers’ collectives or more, all the collective economic organizations or villagers’ groups of the village
shall exercise the ownership on behalf of the collective; and
(3)
In case it is owned by a farmers’ collective of a town, a collective economic organization of the town shall exercise the ownership
on behalf of the collective.
Article 61
As regards any realty or chattel owned by an urban collective, this urban collective has the rights to possess, use, seek profits
from and dispose of it according to the related laws and administrative regulations.
Article 62
The collective economic organization, villager’s committee or villagers’ group shall, in accordance with the relevant laws, administrative
regulations, articles of association and village regulations and villagers’ pledges, publicize the situation of the properties owned
by a collective to the members of the collective.
Article 63
Collectively-owned properties shall be protected by law, and any entity or individual may not encroach, plunder, privately distribute,
hold back or destroy them.
Where the legitimate rights and interests of any member of the collective are infringed upon by any decision made by a collective
economic organization, villagers’ committee or the principle thereof, such member may require the people’s court to cancel the decision.
Article 64
An individual has the right to own his legal income, premise, household goods, production instruments, raw materials as well as other
realties and chattels.
Article 65
The legal savings, investments and the proceeds therefrom of an individual shall be protected by law.
An individual’s right of inheritance as well as other legal rights and interests shall be protected by the state in accordance with
law.
Article 66
An individual’s legal properties shall be protected by law, any entity or individual may not encroach, plunder or destroy them.
Article 67
The state, any collective or individual may invest to set up a limited liability company, a company limited by shares or any other
form of enterprise. In case the state, a collective or an individual invest the realties or chattels it owns in an enterprise, the
contributor shall, in accordance with the agreement or on the basis of his proportion of investment, enjoy rights such as obtaining
asset returns, making important decisions and selecting operators and managers and perform their duties.
Article 68
In accordance with the laws, administrative regulations and its articles of association, An enterprise legal person is enpost_titled
to possess, utilize, seek profits from and dispose of any realty or chattel it owns.
As regards the rights over the realties and chattels owned by a legal person other than an enterprise legal person, the provisions
of the related laws, administrative regulations and its articles of associations shall apply.
Article 69
The realties and chattels owned by social organizations in accordance with law shall be protected by law.
Chapter VI Owners’ Partitioned Ownership of Building Areas
Article 70
As regards such exclusive parts within the buildings as the residential houses or the houses used for business purposes, an owner
shall enjoy the ownership thereof, while as regards the common parts other than the exclusive parts, the owner shall have common
ownership and the common management right thereof.
Article 71
An owner is enpost_titled to possess utilize, seek profits from and dispose of the exclusive parts of the building. Any owner may not
endanger the safety of the building or infringe upon the lawful rights and interests of any other owner when exercising his or its
rights.
Article 72
An owner enjoys the rights and assumes the obligations over the common parts other than the exclusive parts of the building, and
may not reject performing the obligations under the pretext of abandoning rights.
In case an owner alienates his residential house or the house used for business purposes within the building, the common ownership
and the common management right enjoyed by him/her over the common parts shall be alienated at the same time.
Article 73
The roads within the building zone, except for the public roads of cities and towns, shall be commonly owned by the owners. The green
lands within the building area, except for the public green lands of cities and towns or those which are definitely ascribed to individuals,
shall be commonly owned by all the owners. The other public places, common facilities and houses used for realty services within
the building zone shall be commonly owned by all the owners.
Article 74
The parking places and garages within the building area planned for parking cars shall be used to meet the needs of the owners above
all else.
The ownership of the parking places and garages shall be agreed upon by the related parties in the manners of selling, complementary
using or leasing, etc.
The parking places, which occupy the roads or other fields commonly owned by all owners, shall be in the common ownership of all the
owners.
Article 75
The owners may set up an owners’ assembly and vote for an owners’ committee.
For the establishment of the owners’ assembly and the vote of the owners’ committee, the related departments under the local people’s
governments shall provide guidance and assistance.
Article 76
The following matters shall be commonly determined by all owners:
(1)
to formulate and revise the rules of procedure for the owners’ assembly;
(2)
to formulate and revise the stipulations on managing the building and affiliated facilities thereof;
(3)
to vote for the owners’ committee or alter the members thereof t;
(4)
to hire or fire the realty service enterprise or any other manager;
(5)
to raise or use the funds for maintaining the building and affiliated facilities thereof;
(6)
to rebuild the building or any of its affiliated facilities;
(7)
other important matters on the common ownership and the common management right.
For making a decision on matters prescribed in Item (5) or (6) of the preceding paragraph, the consent of the 2/3 or more of the total
owners with exclusive parts accounting for 2/3 or more of the total area of the building shall be obtained. For making a decision
on any other issue prescribed in the preceding paragraph, the consent of half of the total owners with exclusive parts accounting
for half of the total area of the building shall be obtained.
Article 77
Any owner may not alter a residential house into a house used for business purposes with violation of any law, regulation or management
stipulation. An owner shall, when changing a residential house into a house used for business purposes, obtain the consent of the
interested owners, in addition to complying with the laws, regulations and management stipulations.
Article 78
Decisions made by the owners’ assembly or the owners’ committee are binding to each owner.
In case the legitimate rights and interests of any owner has been injured by any decision made by the owners’ assembly or the owners’
committee, the injured owner may require the people’s court to cancel the decision.
Article 79
The funds for maintaining a building and affiliated facilities thereof shall be commonly owned by the owners of the building. The
funds may, upon the codetermination of the owners, be used for maintaining such common parts as elevators and water tanks. The circumstance
about the raise and use of the maintenance funds shall be released to the owners.
Article 80
As regards such matters as the expenses allocation and the proceeds distribution of a building or any of its affiliated facilities,
in case there exists any stipulation for these, such stipulation shall apply; in the case of no stipulation or unclear stipulation,
these matters shall be determined in accordance with the proportion of each owner’s exclusive parts to the total area of the building.
Article 81
The owners of a building may manage the building and affiliated facilities thereof by themselves or they may entrust a realty service
enterprise or any other manager to conduct the management.
As regards the realty service enterprise or any other manager hired by the construction entity, the owners are enpost_titled to alter it
in accordance with law.
Article 82
The realty service enterprise or any other manager shall, upon the strength of the owners’ entrustment, manage the building and affiliated
facilities thereof within the building area and accept the owners’ supervision.
Article 83
The owners shall comply with the laws, regulations and management stipulations.
As regards any act infringing upon the lawful rights and interests of other persons, such as discarding wastes at will, discharging
atmospheric pollutants and noise, breeding animals with violation of the related regulations, illegally building shelters, occupying
passages or rejecting paying realty management fees, etc, the owners’ assembly and the owners’ committee have the right, in accordance
with the relevant laws, regulations a
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Decree No. 33 of the General Administration of Press and Publication and the Ministry of Commerce
No. 33
The Supplementary Provisions on the Measures for the Administration of Foreign-invested Distribution Enterprises of Books, Newspapers,
and Periodicals have been adopted at the executive meeting of the General Administration of Press and Publication and by the Ministry
of Commerce on November 29, 2006. They are hereby promulgated for entry into force as of May 1, 2007.
Long Xinmin, Director of the General Administration of Press and Publication
Bo Xilai, Minister of the Ministry of Commerce
April 2, 2007
Supplementary Provisions on the Measures for the Administration of Foreign-invested Distribution Enterprises of Books, Newspapers,
and Periodicals
For the purpose of establishing a Hong Kong/Macao Closer Economic Partnership with the Mainland, the following supplementary provisions
are hereby constituted to the Measures for the Administration of Foreign-invested Distribution Enterprises of Books, Newspapers,
and Periodicals in accordance with Supplementary Agreement No. 3 on Hong Kong/Mainland Closer Economic Partnership Arrangement and
Supplementary Agreement No. 3 on Macao/Mainland Closer Economic Partnership Arrangement:
Where a Hong Kong or Macao service supplier has accumulatively set up over 30 stores in the Mainland, if it is engaged in the business
of books, newspapers or periodicals, etc. which have different trademarks and are provided by different suppliers, it is allowed
to hold a controlling share with a limitation of no more than 65%.
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