China Overseas Chinese Network, October 30th, title: The right to use rural homestead can be inherited by children with urban household registration according to law!

Can overseas Chinese?

  Recently, the topic that the right to use rural homestead can be inherited by children with urban household registration and registered with real estate has caused heated discussions.

  The Ministry of Natural Resources, the Ministry of Economics, Commerce, Housing and Urban-Rural Development, the Ministry of Civil Affairs, the State Secrecy Bureau, the Supreme People’s Court, the Ministry of Agriculture and Rural Affairs, and the State Administration of Taxation responded to "Recommendation No. 3226 of the Third Session of the 13th National People’s Congress", clarifying the use of farmers’ homesteads The right can be inherited by children with urban household registration and real estate registration.

  According to the "Inheritance Law", the deceased’s house is inherited by the heir as his inheritance. According to the principle of integration of house and land, the heir inherits the ownership of the house and the right to use the house site. Rural house sites cannot be inherited separately.

The "Regulations for Real Estate Registration (Trial)" clearly stipulates that non-members of the rural collective economic organization (including urban residents) who occupy the homestead due to inherited houses can go through the confirmation registration in accordance with the relevant regulations and add it to the real estate register and certificate The column note "the right holder is the legal heir to the residence of the original member of the peasant collective economic organization".

So, does the question involved in this answer apply to overseas Chinese?

  In response, the reporter interviewed attorney Xu Donggeng, the legal adviser of the Overseas Chinese Affairs Office of the State Council, a member of the Legal Advisory Committee of the China Federation of Returned Overseas Chinese, and the director of Beijing Daozhengtong Law Firm.

  Attorney Xu believes that, from a legal point of view, overseas Chinese should have the right to inherit their legal property heritage in rural areas, including land use rights for homesteads.

  He said, “It is clear that farmers’ right to use homesteads can be inherited by children of urban household registration and registered with real estate in accordance with the law.” This answer should be said to be at the national level. It is a functional department of the central government, the Ministry of Economics, Housing and Urban-Rural Development, the Ministry of Civil Affairs, and the State. The Confidentiality Bureau, the Supreme People’s Court, the Ministry of Agriculture and Rural Affairs, and the State Administration of Taxation jointly studied and made a reply.

This reply also embodies the spirit of the teleconference on the national pilot program to deepen the reform of the rural homestead system on September 29, and fills the gaps in the inheritance of the right to use homesteads in my country’s laws.

  He believes that although this answer is aimed at the issue of domestic urban household registration children inheriting the right to use rural homesteads, its core value lies in breaking through the original identity-based viewpoints and practices in rural homestead registration.

The principles and spirit embodied in this reply should cover and apply overseas Chinese.

Lawyer’s Class:

  In China, the land legal system is unique. The ownership of land is based on the separation of ownership and use rights, and land use rights are legally established usufructuary rights.

  From the perspective of ownership, according to the basic framework and foundation of my country's land system, as far as the land involved in real estate is concerned, generally speaking, urban land belongs to the state, and rural land belongs to collective ownership.

The land use right is a usufructuary right confirmed in accordance with the law, that is, the land use right confirmed in accordance with the law, and the right holder can "possess, use, dispose of, and make profits" in accordance with the law.

It can be said that the right attributes of land use rights are equivalent to real rights in our country and have the integrity in the sense of the real right law.

  In rural areas, homesteads are generated based on the status of members of rural collective economic organizations, which can be transferred within the collective organization, and the transaction is closed.

This is to prevent arable land from being encroached on and affecting food production safety.

  With the development of society, young people in rural areas have moved out of the countryside through the means of going to school, serving in the army, recruiting workers, doing business, and even going abroad. In order to settle down, they have moved their household registration to cities and even overseas.

The hukou is moved away, which means that the right to use the homestead in the hometown cannot be inherited.

For overseas Chinese, the real estate in their ancestral homeland will also cause many problems in the protection of rights due to the change of status.

  In this regard, since the 18th National Congress of the Communist Party of China, the system has been designed at the top level, with the development of urban and rural areas as the guide, including the household registration system and land management system, and there have been breakthroughs in legislation.

Since the launch of the pilot reform of the “three plots of land” in rural areas in 2015, a number of system innovations that can be replicated, promoted, and revised in the two reform areas of the land expropriation system and collective operating construction land have been achieved. It has been summarized and absorbed in the Land Management Law.

  On September 29, the national video conference on deepening the reform of the rural homestead system emphasized that we must adhere to the general tone of seeking progress while maintaining stability, maintain sufficient historical patience, carefully plan and implement orderly, and do a good job in deepening the rural homestead system steadily and carefully. Reform pilot projects.

This further clarifies the direction for the future pilot work of homestead reform.

  (Text finishing: Ma Xiuxiu; ID: qiaowangzhongguo)