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Notice of the General Office of the National Supervisory Commission and the General Office of the Ministry of Natural Resources of the Assistance Provided by Real Estate Registration Agencies to the Supervisory Agencies in the Registration of Real Estates during the Disposal of Case-Related Property [Effective]
国家监察委员会办公厅、自然资源部办公厅关于不动产登记机构协助监察机关在涉案财物处理中办理不动产登记工作的通知 [现行有效]
【法宝引证码】

Notice of the General Office of the National Supervisory Commission and the General Office of the Ministry of Natural Resources of the Assistance Provided by Real Estate Registration Agencies to the Supervisory Agencies in the Registration of Real Estates during the Disposal of Case-Related Property 

国家监察委员会办公厅、自然资源部办公厅关于不动产登记机构协助监察机关在涉案财物处理中办理不动产登记工作的通知

(No. 3 [2019] of the General Office of the National Supervisory Commission) (国监办发〔2019〕3号)

The supervisory commissions and natural resources departments of all provinces, autonomous regions, municipalities directly under the Central Government; all the dispatched offices of the Central Commission for Discipline Inspection and the National Supervisory Commission; and the disciplinary inspection and supervision bodies of all central enterprises: 各省、自治区、直辖市监委、自然资源主管部门,中央纪委国家监委各派出机构,各中管企业纪检监察机构:
For purposes of implementing the decisions and arrangements of the CPC Central Committee for deepening the reform of the national supervision system and regulating the assistance provided by real estate registration agencies to supervisory agencies in the registration of real estates during the disposal of case-related property as legally required, in accordance with the Supervision Law of the People's Republic of China, the Property Law of the People's Republic of China, the Urban Real Estate Administration Law of the People's Republic of China, the Interim Regulation on Real Estate Registration and other laws and regulations, you are hereby notified of the relevant matters as follows: 为贯彻落实党中央关于深化国家监察体制改革决策部署,依法规范做好不动产登记机构协助监察机关在涉案财物处理中办理不动产登记工作,根据《中华人民共和国监察法》《中华人民共和国物权法》《中华人民共和国城市房地产管理法》《不动产登记暂行条例》等法律法规,现就有关事项通知如下:
I. After a supervisory agency at or above the county level, upon investigation, makes a decision to confiscate or recover any legally obtained real estate that has completed real estate registration or meets the registration conditions for the first time, or to order the violator to return the real estate or make compensation or otherwise dispose of the real estate, where the registration of transfer of the real estate or any other registration is required during the process of execution of the decision to confiscate or recover the real estate or order the violator to return the real estate or make compensation, the real estate registration agency shall complete the registration according to the supervision document and the notice of assistance in execution issued by the supervisory agency.   一、县级以上监察机关经过调查,对违法取得且已经办理不动产登记或者具备首次登记条件的不动产作出没收、追缴、责令退赔等处理决定后,在执行没收、追缴、责令退赔等决定过程中需要办理不动产转移等登记的,不动产登记机构应当按照监察机关出具的监察文书和协助执行通知书办理。
The person under investigation and the right holder of the real estate shall, in accordance with law, be notified of the decision made by the supervisory agency on the disposal of the real estate. 监察机关对不动产作出的处理决定,应当依法告知被调查人以及不动产权利人。
The taxes and fees involved in the real estate registration shall be collected in accordance with the applicable provisions of the state. 不动产登记涉及的税费按照国家有关规定收取。
II. A supervisory agency registering a real estate with a real estate registration agency shall issue a supervision document and a notice of assistance in execution, and its two staff members shall complete the registration based on the above documents and their work passes. As needed in work, it can also issue a letter of entrustment and entrust a public finance department, a state-owned asset management department or any other entity authorized with assisting in disposal of case-related property, and its two staff members shall complete the registration based on their work passes as well as the letter of entrustment and the supervision document and the notice of assistance in execution issued by the supervisory agency.
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   二、监察机关到不动产登记机构办理不动产登记时,应当出具监察文书和协助执行通知书,由两名工作人员持上述文书和本人工作证件办理。根据工作需要,也可以出具委托函,委托财政部门、国有资产管理部门或者其他被授权协助处理涉案财物的单位,由其两名工作人员持本人工作证件、委托函、监察机关出具的监察文书和协助执行通知书办理。
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