The difference between a state owned land use certificate and a collective land use certificate

I'm going to be blunt.

Houses with state-owned land certificates can be bought and sold freely, but collective land use certificates are not.

That's the big difference.

Houses with general collective land certificates are also not eligible for loans.

Collective land refers to land owned by peasant collectives. It is also called land owned by the working masses collectively.

Collective land is a form of land ownership in China.

China implements the socialist public ownership of land, and the forms of land ownership include two forms: state ownership (ownership by the whole people) and collective ownership by the working masses.

1) Article 10 of the Constitution of the People's Republic of China stipulates that "land in rural areas and suburban areas shall be collectively owned, except for land owned by the State as prescribed by law; Homesteads, self-cultivated land, and self-cultivated mountains are also collectively owned. ”

Article 2 of the Land Management Law of the People's Republic of China states that "the People's Republic of China implements the socialist public ownership of land, that is, the ownership of the whole people and the collective ownership of the working people". Article 8 "Land in urban areas shall be owned by the State. Land in rural areas and on the outskirts of cities shall be owned by peasant collectives, except as provided by law for the State; Homesteads, self-cultivated land, and self-cultivated mountains belong to peasant collectives.

2) In terms of the operation and management of collective land, it is stipulated that Article 10 of the Land Management Law of the People's Republic of China stipulates that "the land owned by the peasant collectives belongs to the village peasant collectives in accordance with the law, and shall be operated and managed by the village collective economic organizations or villagers' committees; Where a farmer's collective is already owned by two or more rural collective economic organizations in the village, it shall be operated and managed by each of the rural collective economic organizations or villagers' groups in the village; Those that are already owned by township (town) peasant collectives shall be operated and managed by township (town) rural collective economic organizations. ”

3) Confirmation of collective land ownership. Article 11 of the Land Management Law of the People's Republic of China states that "the land owned by peasant collectives shall be registered and registered by the people at the county level, and certificates shall be issued to confirm the ownership." ”

4) Expropriation and expropriation of collective land. The State may, in accordance with the provisions of law, expropriate or expropriate land and provide compensation for the needs of the public interest.

5) Collectively-owned land may be contracted and operated by collectives or individuals for agriculture, forestry, animal husbandry and fishery production.

State-owned land. According to Article 8 of the Land Administration Law and Article 2 of the Regulations for the Implementation of the Land Administration Law, the following land belongs to the land owned by the whole people, i.e. land owned by the State:

1) Land in urban areas;

2) Land in rural areas and suburbs that has been confiscated, expropriated, or requisitioned for state-owned land in accordance with law;

3) Land expropriated by the State in accordance with law;

4) Forest land, grassland, wasteland, tidal flats and other land that are not collectively owned in accordance with the law;

5) Where all members of a rural collective economic organization are converted into urban residents, land originally owned by the collective ownership of its members;

6) Land that was originally owned by the relocated peasant collectives that was no longer used after the relocation of peasants in an organized manner due to reasons such as state-organized migration, natural disasters, etc.

Legal analysis: The difference between the right to use a state-owned land use certificate and a collective land use certificate is that there are different types, different service years, and different uses.

Legal basis: Regulations for the Implementation of the Land Management Law of the People's Republic of China

Article 3 The State implements the land registration and issuance system in accordance with law. The ownership and use rights of land registered in accordance with the law are protected by the law, and no unit or individual may be infringed upon. The content of land registration and the style of land ownership certificate shall be uniformly prescribed by the land administrative departments.

Land registration information can be searched publicly. Confirmation of the ownership or use rights of forest land and grassland, and confirmation of the right to use aquaculture on water surfaces and tidal flats shall be handled in accordance with the relevant provisions of the Forest Law, the Grassland Law and the Fishery Law.

Fourth farmer collective ownership of land, by the landowner to the land at the county level of the people's land administrative departments at the county level to submit an application for land registration, by the county-level people's registration register, issued a collective land ownership certificate, confirmation of ownership. If the land owned by the peasant collective is used for non-agricultural construction in accordance with the law, the land user shall submit an application for land registration to the county-level people's land administrative department where the land is located, and the county-level people's land shall register and issue a certificate of collective land use right to confirm the right to use construction land. The people of cities divided into districts may implement unified registration of the land collectively owned by farmers within the municipal area.

Fifth units and individuals use State-owned land in accordance with the law, by the land user to the land at or above the county level of the people's land administrative departments to submit an application for land registration, by the people at or above the county level to register the book, issued a certificate of State-owned land use rights, to confirm the right to use. Among them, the registration and issuance of state-owned land used by state organs, by the land administrative departments are responsible, the specific registration and certification measures are formulated by the land administrative departments in conjunction with the relevant departments such as the Administration of Government Affairs. State-owned land that has not been determined to use shall be registered and registered by the people at or above the county level and shall be responsible for protection and management.

Legal analysis: the use right of state-owned land use certificate and collective land use certificate is different, the service life is different, and the use is different.

Legal basis: Regulations on the Implementation of the Land Management Law of the People's Republic of China Sixth change of land ownership and use rights in accordance with the law, due to the transfer of above-ground buildings, structures and other attachments resulting in the transfer of land use rights, must be submitted to the land at or above the county level where the land is located ** land administrative departments to apply for land change registration, by the original land registration authorities in accordance with the law for land ownership, right to use change registration. The change of land ownership and use right shall take effect from the date of registration of the change.

The differences between state-owned land use certificates and collective land use certificates are: the main objects of the certificate are different, and the objects of the state-owned land use certificate can be individuals or companies and organizations; The holders of the collective land use certificate are mainly the villagers of the village.

[Legal basis].Article 3 of the Interim Regulations of the People's Republic of China on the Assignment and Transfer of the Right to Use State-owned Land in Cities and Towns Article 3 Companies, enterprises, other organizations and individuals within and outside the territory of the People's Republic of China may, unless otherwise specified by law, acquire land use rights and carry out land development, utilization, and operation in accordance with the provisions of these Regulations.

Fourth in accordance with the provisions of these Regulations to obtain the right of land use of land users, the right to use within the term of use may be transferred, leased, mortgaged or used for other economic activities, the lawful rights and interests are protected by national law.

1. The owners are different: the former belongs to the state, and the latter belongs to the collective; 2. Different users: the former can be any unit or individual, while the latter is generally a collective villager or enterprise; 3. Different land uses:

Collective construction land can only be used for the construction of houses needed for villagers' daily life, while state-owned construction land can be used for residential, industrial, commercial, recreational, etc.

How to handle the state-owned land use certificate.

1. Application for land registration.

1) First of all, the applicant needs to prepare the application materials and submit an application, and the parcel file should be approved for the approval of the document and the construction land permit. In addition, it is necessary to submit relevant land ownership materials for the validity of the state-owned land use right through bidding, auction and other forms.

2) If the land use right is obtained by sale, inheritance, donation, etc., it is necessary to submit the land use right transfer agreement and notarial certificate obtained in these ways, and the state-owned land use certificate of the original land use.

3) Then submit the ID card and household registration book of the applicant for the land use certificate, and if it is a land user of a public institution, the certificate of land registration legal person and the ID card of the legal person shall be submitted.

2. Cadastral survey.

The land registry authority will then conduct on-site verification, surveying, and sketching of the parcel of the applicant's land. Find out the location, nature of the land, the area and the relevant information of the land user, and require the parcel to be clearly demarcated from the boundary between the neighbors, and sign and seal after confirmation.

3. Land ownership review.

The land registration authority shall review the application, ownership materials and cadastral survey results submitted by the land user, and then decide whether to approve the registration of the user's land ownership.

4. After the formalities have been completed, we are waiting for the issuance of the certificate of state-owned land use right.

Summary: The above is about the difference between the state-owned land use certificate and the collective land use certificate. There is a big difference between the state-owned land use certificate and the collective land use certificate, and the nature of use is also different.