(July 20, 2004 Ministry of the 131th released as of the date of promulgation) Ministry of construction decided to urban real estate sale management policy (Ministry of construction, the 95th) as follows: first, in the fourth paragraph of article "city and County" to "city and County". Second, sixth revised as follows: "the advance sale of commercial housing through a licensing system.
    Pre-sale development enterprise, shall apply to the real estate management licence, access to the pre-sale of licenses. Without the license of real estate sale, not for pre-sale. "Three, and seventh article modified for:" development enterprise application pre-sale license, should submitted following documents (copies) and the information: (a) housing pre-sale license application table; (ii) development enterprise of license and qualification certificate; (three) land right card, and construction engineering planning license, and construction license; (four) input development construction of funds accounted for engineering construction total investment of proportion meet provides conditions of proved; (five) engineering construction contract and the on construction progress of description; (six) housing pre-sale programme. Advance programme should indicate the pre-sale of location, size, date of completion, and shall be attached to the pre-sale tiered plans. "Four and eighth amended as:" the pre-paid license according to the following procedures shall be followed: (a) accept.
    Developer related materials submitted in accordance with the provisions of this article seventh, materials, real estate administrative departments shall accept the notice issued on the spot; uneven material, should be written at a time or 5th to add material. (B) audit.
    Real estate management and development company providing materiel meets the statutory requirements for review.
    Developer responsible for the authenticity of the material substance. (C) license.
    Upon examination, the development enterprise application complies with legal conditions, real estate administrative departments shall from the date of acceptance in the 10th, to approve the sale of a written decision of administrative license according to law, sending development enterprises, and since the date of the decision in the 10th to development companies, service of the pre-sale of licenses. Upon examination, the application does not comply with the statutory requirements of the enterprise, real estate administrative departments shall from the date of acceptance in the 10th, law no permission and a written decision.
    Decision shall state the reasons in writing and inform development enterprises have the right to apply for administrative reconsideration or bring an administrative lawsuit in accordance with law, and sent to the developers.
    Decision of real estate sale and no pre-sale approval decision shall be affixed to the real estate management Department of the administrative licensing Special seal, the pre-sale permit should be stamped with the seal of the real estate management Department. (D) publicity. Pre-paid license permit real estate management decisions should be made public, and the public a right of access. "Five, article is revised as follows:" development of enterprises to carry out pre-sale, should be produced to the successful bidder of the pre-sale of licenses. Advertisements and manuals shall contain the approval number of the pre-sale permit. "Six, tenth amendment:" the advance sale of commercial housing, enterprises should signed sales contract with the successful bidder.
    Developing enterprise shall, from the date of signing in the 30th, to the real estate management Department and the city and County land management Department for real estate sale contract registration procedures.
    Real estate administrative departments shall use the network information technologies, progressive implementation of presale contract for online registration. Real estate sale contract registration formalities may authorize an agent to handle. Principal-agent, there should be a written power of attorney.
    "Seven, 11th modified to:" Enterprise pre-sale proceeds should be used for projects related to the construction. Pre-sale of the specific measures of supervision, real estate administrative departments. "Eight, 12th is amended as:" the sale of houses within 90 days from the date of delivery, the successful bidder shall, to the real estate management Department and city and County lands management departments registration formalities.
    Enterprises should be assisted, and provide the necessary supporting documents. Due to the reasons for enterprise, the successful bidder failed to achieved in houses within 90 days from the date of delivery of housing ownership certificates, in addition to the development and acquisition of enterprises have special agreed, the Enterprise shall be liable for breach of contract. "Nine, 13th revised as follows:" enterprises without a pre-sale of the pre-sale permit, pursuant to regulations on urban real estate development and management of the 39th article of provisions. "Ten, an article shall be added as article 15th:" enterprises to conceal the situation, providing false information, or the use of deception, bribery or other improper means to obtain commercial licence, the real estate management Department shall order to stop sale, revoke the licensing for real estate sale, and a fine of 30,000 yuan.
    "In addition, some of the provisions of the order adjusted accordingly. Purposes from the date of publication of this decision.

    According to this decision and in the urban real estate sale management measures be amended accordingly and publish it again. Report: City real estate sale management (revised 2004) (November 15, 1994 the Ministry of construction, the 40th publishing, August 15, 2001, the Ministry of construction decided to modify the administrative measures for the pre-sale of the city on July 20, 2004, the construction on the modification of decision amended the administrative measures for the pre-sale of the city) first to strengthen the management of real estate sale and maintenance of real estate the lawful rights and interests of both sides, in accordance with the
    People's Republic of China on urban real estate administration law, the urban real estate development and management regulations, these measures are formulated.
    Article presale in these measures refers to the real estate development enterprise (hereinafter enterprise) to sell houses under construction in advance to the successful bidder, or the price paid by the successful bidder of the deposit.
    Article these measures shall apply to the management of urban real estate sale.
    Fourth construction administrative departments under the State Council to administer the National City real estate sale management of province, autonomous construction Administrative Department under the administration of the urban real estate sale management within its administrative area; construction Administrative Department of the city or county or real estate administrative departments (hereinafter referred to as the real estate management Department) is responsible for urban real estate sale management within their respective administrative areas.
    Article fifth real estate sale shall comply with the following conditions: (a) have been delivered to all of the land use right transfer, obtaining the land certificate, (ii) a construction project planning permit and construction permit; (c) provides pre-sales commercial calculation, development funds for the construction of projects with a total investment of more than 25% and has determined the construction schedule and completion dates. Article sixth pre-sale through a licensing system.
    Pre-sale development enterprise, shall apply to the real estate management licence, access to the pre-sale of licenses.
    Without the license of real estate sale, not for pre-sale. Seventh article development enterprise application pre-sale license, should submitted following documents (copies) and the information: (a) housing pre-sale license application table; (ii) development enterprise of license and qualification certificate; (three) land right card, and construction engineering planning license, and construction license; (four) input development construction of funds accounted for engineering construction total investment of proportion meet provides conditions of proved; (five) engineering construction contract and the on construction progress of description; (six) housing pre-sale programme.
    Advance programme should indicate the pre-sale of location, size, date of completion, and shall be attached to the pre-sale tiered plans. Eighth pre-sale permit in accordance with the following procedures: (a) accept.
    Developer related materials submitted in accordance with the provisions of this article seventh, materials, real estate administrative departments shall accept the notice issued on the spot; uneven material, should be one-time written notice or 5th to add material. (B) audit.
    Real estate management and development company providing materiel meets the statutory requirements for review.
    Developer responsible for the authenticity of the material substance. (C) license.
    Upon examination, the development enterprise application complies with legal conditions, real estate administrative departments shall from the date of acceptance in the 10th, to approve the sale of a written decision of administrative license according to law, sending development enterprises, and since the date of the decision in the 10th to development companies, service of the pre-sale of licenses. Upon examination, the application does not comply with the statutory requirements of the enterprise, real estate administrative departments shall from the date of acceptance in the 10th, law no permission and a written decision.
    Decision shall state the reasons in writing and inform development enterprises have the right to apply for administrative reconsideration or bring an administrative lawsuit in accordance with law, and sent to the developers.
    Decision of real estate sale and no pre-sale approval decision shall be affixed to the real estate management Department of the administrative licensing Special seal, the pre-sale permit should be stamped with the seal of the real estate management Department. (D) publicity.
    Pre-paid license permit real estate management decisions should be made public, and the public a right of access. Nineth pre-sale development enterprises shall produce to the successful bidder of the pre-sale of licenses.
    Advertisements and manuals shall contain the approval number of the pre-sale permit. Article tenth pre-sale enterprises should signed sales contract with the successful bidder.
    Developing enterprise shall, from the date of signing in the 30th, to the real estate management Department and the city and County land management Department for real estate sale contract registration procedures.
    Real estate administrative departments shall use information technology and progressive implementation, presale contract for online registration. Real estate sale contract registration formalities may authorize an agent to handle.
    Principal-agent, there should be a written power of attorney.
    11th pre-sale proceeds should be used for article development enterprise-related projects. Pre-sale of the specific measures of supervision, real estate administrative departments.

    12th sale of houses within 90 days from the date of delivery, the successful bidder shall, to the real estate management Department and the city and County lands management departments registration formalities.
    Enterprises should be assisted, and provide the necessary supporting documents.
    Due to the reasons for enterprise, the successful bidder failed to achieved in houses within 90 days from the date of delivery of housing ownership certificates, in addition to the development and acquisition of enterprises have special agreed, the Enterprise shall be liable for breach of contract.
    13th enterprises without a pre-sale of the pre-sale permit, pursuant to regulations on urban real estate development and management of the 39th article of provisions.
    14th enterprise is not required to use pre-paid payment, ordered corrected by the real estate management sector and illegal gains shall be punishable by 3 times the following fines not exceeding 30,000 yuan.
    15th enterprises to conceal the situation, providing false information, or the use of deception, bribery or other improper means to obtain commercial licence, the real estate management Department shall order to stop sale, revoke the licensing for real estate sale, and a fine of 30,000 yuan.
    16th construction administrative departments of provinces, autonomous regions and municipalities directly under the construction administrative departments or real estate administrative departments based on these measures, formulate implementing rules.
    17th construction administrative departments under the State Council is responsible for the interpretation of these measures.
                                                                                          18th article this way come into force on January 1, 1995.