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Legal analysis: The tenure of a cemetery is related to the nature of its land and the length of its use, which is generally 50 or 70 years. 20 years does not refer to the service life of the cemetery, but refers to the 20-year payment cycle for tomb protection fees.
The so-called "20 years" does not refer to the service life of the cemetery, but refers to the 20-year payment cycle for the tomb protection fee, and as long as the tomb protection fee is paid on time, the cemetery can continue to be used. After the expiration of the land use period, it should be disposed of in accordance with the relevant laws and regulations of the state, and if the land use period is extended, the service life of the cemetery on the land shall be automatically extended.
Legal basis: Interim Measures for the Management of Cemeteries
Article 9: The establishment of public welfare cemeteries shall be submitted by the villagers' committees and submitted to the civil affairs departments at the county level for approval.
Article 10 The establishment of a commercial cemetery shall be submitted by the cemetery unit to the civil affairs department at the county level, and shall be reviewed and approved by the people at the same level, and shall be submitted to the provincial, autonomous region, and municipal civil affairs department (bureau) for approval.
Article 11 In cooperation with foreigners, Hong Kong, Macao and Taiwan, joint ventures or the use of foreign capital to establish commercial cemeteries, subject to the approval of the people at the same level and the provincial, autonomous regional, and directly governed civil affairs departments (bureaus), submitted to the Ministry of Civil Affairs for approval.
12th commercial cemetery, by the cemetery building unit with approval documents. Obtain a business license from the local administrative department for industry and commerce before it can officially open for business.
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The right to use the cemetery is not permanent, but has a certain time limit, generally 50 or 70 years. According to the laws of our country, the cemetery's tomb management fee, that is, the tomb protection fee, shall not exceed 20 years at a time. However, it is not that the right to use is only for 20 years, but it is only a charging cycle of 20 years, and you can continue to renew your use after 20 years, and if you do not renew the fee, the cemetery will expire.
Article 16 of the Interim Measures for the Administration of Cemeteries of the People's Republic of China shall not operate funeral business in public welfare cemeteries without approval. The tomb management fee for a commercial cemetery shall not be collected at one time for a maximum of 20 years. The burial ground should be economical.
Regulations of the People's Republic of China on the Administration of Funerals
Article 11 Strictly limit the area and service life of cemeteries. If burial or burial of ashes is permitted in accordance with the plan, the area and service life of the burial pit for the burial of the remains or ashes shall be prescribed by the people of the provinces, autonomous regions and municipalities directly under the Central Government in accordance with the principle of saving land and not occupying cultivated land.
Article 19: Where the area of a grave exceeds the standard set by the people of a province, autonomous region, or municipality directly under the Central Government, the civil affairs department shall order it to make corrections within a set period of time, confiscate unlawful gains, and may concurrently impose a fine of between 1 and 3 times the amount of unlawful gains.
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Legal Analysis: The cemetery is valid for 20 years. The cemetery is only a lease relationship, not a property right relationship, only the right to use, not ownership.
The tenure of a cemetery is related to the nature of the land and the life of use, which is generally 50 or 70 years. 20 years is the "management period", that is, every 20 years you pay the management fee, and you can continue to use the tomb. The current standard of management fee is 10% of the purchase of the tomb**.
The first purchase of a tomb generally includes a management fee for the first twenty years. The 20-year management period starts from the date of issuance of the burial certificate issued by the Civil Affairs Bureau, not the date of purchase.
Legal basis: Article 6 of the Interim Measures for the Administration of Cemeteries of the People's Republic of China The Ministry of Civil Affairs is the competent department of cemeteries nationwide, and is responsible for formulating policies, regulations and overall plans for the construction of cemeteries, and providing macro guidance. Civil affairs departments at or above the county level are the departments in charge of cemeteries within their respective administrative regions.
Responsible for the implementation of national cemetery policies and regulations, and provide specific guidance for the construction and development of cemeteries within the administrative area. Article 13 The ownership of land in cemeteries and cemeteries shall be owned by the state or the collective in accordance with law, and the bereaved owners shall not transfer or buy or sell them on their own.
The statute of limitations is only three years, and if you do not take measures within three years, including filing a lawsuit with the court and asking the person who owes you money to repay the money, then the IOU and IOU in your hand will become waste paper, but if you forget, when you find out, it will expire on the last day of three years, it happens to be a statutory holiday, and the court does not work, what to do, teach you a trick, urge you to repay the money, and start again in three years.
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Three years, assessed every three years.