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Xiamen Pre-Sale Regulations

Original Language Title: 厦门市商品房预售管理规定

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Regulation on the sale of commodity premises in the city

(Adopted by the 40th Standing Committee of the People's Government of the House of Commons on 29 November 2013, No. 155 of the Order of the People's Government of the House of Commons of 1 December 2013, No. 155 of 1 January 2014.

Chapter I General

Article 1, in order to regulate the sale of commodity premises, preserve the legitimate rights and interests of the negotiators of commodity property and promote the healthy development of the real estate market, in accordance with the relevant laws, regulations and regulations, such as the National People's Republic of China's Urban Property Management Act, the Urban Property Development Regulation, the Housing Management Regulations of the Households of the Households of the Households of the Household.

Article 2 refers to the sale of pre-supposed commodity premises by the pre-removal owner of its developed commodities premises prior to the completion of the inspection, and to the payment of the payment of the pay or the property.

This provision refers to the real estate development enterprises established by law for the sale of pre-disposed commodity premises, and the purchaser refers to units and individuals for the purchase of pre-sold commodities.

The sale of commodity premises should be guided by the principles of voluntary, fair, consensual and genuine credit.

Article IV. The authorities of the municipal land houses (hereinafter referred to as the pre-releasing authority) are responsible for the management of the pre-distributive property in the city.

The municipal land management registration body, affiliated with the sale authorities (hereinafter referred to as the registration body), assumes specific services for the sale of commodity premises.

Chapter II

Article 5

(i) All land-use concessions have been delivered to obtain land-use certificates;

(ii) Consistency with construction planning licences and construction permits;

(iii) The contract for construction of housing works has entered into force and the date of delivery of homes has been established;

(iv) Funding for development has reached more than 25 per cent of the total investment in construction of the project. Among these, the criteria for the progress of the application for the release of the project's image should be met: below 7 levels (concluded at 7 levels) and the completion of the main construction envelope works; more than 8 levels (including 8 levels) have been completed; and no less than 7 levels of the work of the main structure;

(v) A licence for the sale of nuclear-professionable commodity premises has been obtained.

The leading authorities may adjust the profile of the work of the pre-sold commodity housing project under conditions that do not fall short of the provisions of paragraph 4 of the previous paragraph and report upon approval by the Government of the city.

Article 6. The seller shall submit the following materials to the pre-sold authorities for the processing of a licence for the sale of commodity premises:

(i) The application for the sale of commodity premises;

(ii) Article 5, paragraphs 1 to 4, of the present article;

(iii) Licence of the operation and the development of a certificate of the quality of the property development;

(iv) Programme for the sale of commodity premises.

Article 7. The programme for the sale of commodity premises includes the following:

(i) The name, place of the project, land use, size and absorption rate;

(ii) The construction of the project cycle, the construction plan and the roll-out construction plan;

(iii) Specific circumstances such as decentralization, location, area and number (internal) of public offices and public facilities and their synonymous intent;

(iv) Project pre-sale plans, the number, number, area, and the contents of each house, area, sales voucher and total prices, use, etc., of the resale number, the number, number, number, size, sale of the goods reserved for the sale;

(v) The overall picture and balancing of the pre-distributed commodities project approved by the planning authorities;

(vi) The present report on the projected area for the sale of commodity premises;

(vii) Programme for the sale or rental of vehicles (columnes);

(viii) Regulatory agreements for the sale of funds for commodity premises;

(ix) Standards for the renovation of commodity buildings;

(x) Other elements specified by the State.

Article 8. The pre-disposed commodity rental project may apply for pre-sale licences, but may not be applied on a sub- and sub-unitive basis.

Article 9. Within 10 days from the date of receipt of the application for the sale of commodity premises, a written decision has been taken in accordance with the law or does not agree with the sale. It was agreed that a licence for the sale of nuclear commodities to be sold by the pre-release owner would be granted within 10 days of the date of the decision; it was not agreed that the sale should be justified in writing.

Article 10 Permits for sales of commodity premises shall contain the following:

(i) The name of the seller;

(ii) A licence number;

(iii) The name of the resale commodity house (including the sale of advertising names), number, area of construction, use;

(iv) A dedicated account for the regulation of funds sold for commodity premises;

(v) Other elements to be specified by the State.

Article 11. Contingency rates for the resale of commodity housing projects or changes in parenthood, structure, floor, use, by law, shall be delegated by the pre-designate body to retroduce the resale area and to process the resale authority for the processing of a change in the content of the licence for the sale of commodities.

Article 12

(i) Transfer contracts for commodity housing projects;

(ii) Removal licences for former commodity premises;

(iii) Authorized licenses and certificates of excellence in the development of property;

(iv) The re-established regulatory agreement on the sale of funds for commodity premises;

(v) Other material provided by the State.

In order to meet conditions, the leading authority should change the licence for the sale of commodity premises within 10 days of the date of receipt.

The licensee may pre-empt the sale of commodity premises after the process of processing the changes in the licence for the sale of commodity premises.

After the completion of the inspection of the rowing of the Commodity Housing Project, the leadings should apply to the pre-distributing authorities for the processing of the current sale of the commodity property. In order to meet eligible commodity housing projects, the sales authorities should be required to make them available and to provide a certificate of the current sale of commodity premises.

The licence for the sale of the original commodity premises was automatically invalid after obtaining a certificate of the current sale of the commodity premises.

Chapter III Management of pre-aged acts

Article 14. The resupplyder shall be subject to a licence for the sale of goods.

For commodity housing projects that have resulted in the sale of licenses, the survivor shall open all the resale sources and the prices of each package within 10 days of the date of the granting of a licence for the opening of the commodity premises.

Vulnerants issued pre-sale advertisements for commodity premises, which should be subject to a licence for the sale of commodity premises in pre-sale advertisements.

Article 15 No action shall be taken by the rowinger:

(i) No licence for the sale of commodity premises was granted;

(ii) The non-availability of a licence for the sale of commodity premises, for example, for purchases, orders, rankings, issuance of valuable guest cards, or for the payment of fees such as payment, schedules;

(iii) The sale of commodity premises, including through the return of the sale, the sale of the post-shipment charter;

(iv) In addition to the commodity rental costs agreed upon in the contract for the sale of commodities, other payments were made to the pre-remove;

(v) Other acts prohibited by law, regulations and regulations.

Article 16 shall be open to the following matters:

(i) A licence for the sale of commodity premises;

(ii) The licensee of the saleer, the certificate of the quality of the development of property, the award of land for contracts, land housing permits, construction of engineering planning licences and construction permits;

(iii) The programme for the sale of commodity premises, with the overall graph of the project, the slogan of land in the contract for public construction, the forecasting of the commodity premises and the regulatory agreement on the sale of funds for commodity premises should be made public separately;

(iv) Progress in the development of projects and the completion date of delivery;

(v) The statement of the sale of commodity premises, including: the size, size, size, size, size, salvage, rights limitations;

(vi) The situation of the minimum tender price and the telephone for the price sector;

(vii) Model text of the contract for the sale of commodity premises;

(viii) Types of structure, nutrients and standards of repair of commodity housing;

(ix) Business and its fees standards for the delivery of commodity housing;

(x) An indication of adverse factors;

(xi) Provisions relating to the sale of commodity premises in the country, provinces and municipalities.

Article 17 Declarants entrust the agent of the property brokers with pre-distributing commodity premises and shall be entrusted with the establishment of the property brokers established by law.

The property brokers operate in the city as agents of the sale of commodity premises and should be made available to the pre-sale authorities in accordance with the relevant provisions of the Market Intermediation Scheme.

In the case of the sale of commodity premises by the property brokers, no cost shall be charged to the bidder.

Article 18 Real estate brokers acting for the sale of commodity premises shall make public the following matters to the precipitationer at a prominent place on the sale of the commodity premises:

(i) Article 16 requires public matters;

(ii) Business licences and documentation certificates for property brokers;

(iii) Authorization of the agent of the property brokers by the leadinger;

(iv) The address and contact of property brokers.

Article 19 pre-supposed commodity premises, and the pre-super and the pre-removal owner should enter into a contract for the sale of commodity houses through the registration agency website, including requisitioning, pre-empting commodity premises, and the bidder should sign a contract for the purchase of commodity premises on the registry agency website.

The advance-older shall, within 10 days of the date of the contract for the sale of commodity premises, be placed in the registry. The requisitioner may also issue registration procedures to the registration body. The registration body shall make a written decision within five working days from the date of receipt of the application, grant the request and give evidence of the case, and the reasons for the non-required case shall be given in writing.

Article 20 may apply for pre-registration after the conclusion of the contract for the sale of commodity premises by the leading and the pre-registrant.

The requisitioner requests for pre-registration registration, with the conditions and duration of the pre-registration in the contract for the sale of the commune and the purchaser, which shall submit the corresponding supporting material.

Article XXI should provide a model version of the contract for the sale of commodity buildings that are produced and harmonized. After consultations among the pre-olders and the bidders, the content of the model text of the contract for the sale of goods could be chosen, modified and supplemented.

The bidder requested an agreement on matters of promise in the contract for the sale of commodity premises by the resellant and the publication of publicity material.

Article 2 provides for land mortgages for the sale of commodity premises, which should be certified by the collateral owner as the registration certificate of the commodity house that the owner may proceed with the registration of the contract for the sale of the commodity property.

The creation of a mortgage right in construction should be preceded by the collateral write-off registration process for the commodity house, which may be registered in the contract for the sale of commercial property.

Article 23. The seller's contract with the pre-removal of the sale of commodity premises shall be transferred from within 30 days of the date of the contract to the registry for the write-off of the registry.

In addition to the explanatory rate for the sale of commodities and changes in the number of communes, structures, floors and other elements other than the use, the leadings should be made available to the pre-release authorities within 10 days of the change and be made public at the location of the resale site.

Chapter IV Financial management for the sale of funds

Article 25. The pre-disposed funds for the sale of commodity premises refer to the pre-payment of advance-olds, in accordance with the agreement of the contract, and as a payment for the construction of the commodity premises prior to the completion of the work of the commodity premises.

Prior to the completion of the delivery of the commodity premises, the provision of construction material, equipment and payment of project construction and statutory tax fees for the purchase of necessary construction materials, equipment and project construction must not be diverted.

Article 26 The registry body oversees the receipt and use of funds for the management of commodity premises.

Article 27 shall establish a dedicated account for the sale of funds by the Bank. The resupplyers have multiple pre-supposed resale projects, which should be established separately in the dedicated accounts of the funds reserved for commodities.

Before applying for a licence for the sale of commodity premises, a regulatory agreement on the sale of funds for commodity premises should be concluded with the registry and the opening of the bank to clarify the rights, obligations and responsibilities of the parties.

For reasons such as the scale of development and the degree of denouncation, the pre-releaded selling accounts should be added to the opening-up banks, with the consent of the registered body.

Article 29 should establish a credit file for the resolder and, in accordance with the credits of the pre-solder, determine the list of persons exempted from the regulation of the resale funds. The specific approach was developed by the pre-sold authorities.

Following the signing of the Financial Regulation Agreement for the Pre-Commodation of Goods, the advance-olds may modify the opening-up banks and re-establish the regulatory agreement on the provision of funds for the sale of commodity premises.

Article 31 shall refer to the sales of commodity premises directly to the dedicated accounts for the sale of funds by the depository in exchange for the sale of the royalties to the survivor's solder, in accordance with the contractual agreement.

In the case of the seller's processing of a contract for the sale of commodity premises, the licensee shall be accompanied by the bank's award for the deposit of the money-specific accounts for the sale of the commodity premises for the purchaser.

In the event of the use of the funds for the sale of commodity premises by the seller, the following documents should be submitted to the registry:

(i) The application form for the use of funds sold for commodity premises;

(ii) Plan of use;

(iii) To meet the engineering section by providing construction performance certificates from the construction units and applications for the construction units;

Article 33, upon receipt by the registry of the application for the royalties of the seller, shall be reviewed in accordance with the following procedure and responded within 5 days:

(i) Review of the information provided by the pre-older;

(ii) Approval of the amount. For the purposes of the construction contract, the approval of the royalties is made in accordance with the construction contract agreement and the construction unit's application for approval; for the purchase of construction materials, equipment, the approval of the royalties in accordance with its contractual agreement and the progress of the work; and for the payment of statutory tax fees, the approval of the royalties is based on the payment of tax payments.

In agreement with the use of funds for the sale of commodity premises, the registration body gave an approval in the application form, and the bank approved the approval of the award of funds for the sale of commodity premises. Without agreement, the registration body should provide reasons in writing.

The registry may refer to the specific accounting of the application for the sale of the residues to the opening-uphold banks, in accordance with the agreement of the financial regulation agreement for the sale of funds by the commodity premises.

In addition to the application under article 32 and article 33 of the present article, the licensor may apply to the registry for a certain amount of funding as a standby.

Article 33 fifiers should make the accounts of the earmarked funds for the sale of commodity premises available to the registry bodies by 15 per month.

Article XVI provides the following conditions for the licensor to apply to the registration agency for the purpose of devoting funds for the sale of commodity premises:

(i) The completion of the sale of commodity premises;

(ii) No construction.

Upon the agreement of the registry, a settlement process was held to the bank to write the accounts of the earmarked funds for the sale of commodity premises.

Oversight inspection

Article 337 Profeeding authorities should establish a system for the processing of claims for the sale of commodity premises and deal in a timely manner with complaints made during the sale of commodity premises.

Article 338, when the rowing authority oversees the sale of commodity premises by law, has the right to take the following measures:

(i) To require the interpretation and clarification of the issues involved in the inspection of the matter, and to enter on-site inspections as required;

(ii) To put an end to and redress the ongoing sale of commodity premises;

(iii) To request the relevant units and personnel to provide documents, information and reproduction relating to inspection matters;

(iv) Other measures under laws, regulations and regulations.

The inspected units and their personnel should be synergized without prejudice to and obstructing inspection activities.

Article 39 should enhance the supervision of the implementation of the licence for the sale of commodity premises, finding that one of the following cases has been changed, the suspension of the online signing of the project and, where appropriate, the public attests to the risk of purchase:

(i) No pre-disposed sale of licenses on commodity premises;

(ii) In violation of article 11, Article 12 of the present provision, the sale of commodity premises without pre-emptive licences changes;

(iii) In violation of article 15, paragraph 3, paragraph 4, of the present provision, for the purpose of returning to the sale of commodity premises, such as the sale, the sale of leases, and for other payments outside the agreed commodity rental rates to the pre-purchasor;

(iv) No provision is made for the receipt and use of pre-sale funds for commodity housing.

The swingers should be reproduced in a timely manner, and the leading authorities should resume their online signatures.

Chapter VI Corporal punishment

Article 40 is one of the following cases in which the rowinger is ordered by an exponential order and fine of up to 300,000 dollars, and is recorded in the rower's credit file:

(i) In violation of article 14, paragraph 2, of the present article, the source of all sales and the price of each single property was open within 10 days of the date of the granting of a licence for the sale of a commodity reserve;

(ii) In violation of article 19, paragraph 1, of the present provision, contracts for the sale of goods or purchase agreements for commodity premises were not signed through the registry agency website.

Article 40, in violation of article 16, article 18 of this provision, stipulates that the rower or the property broker body are not subject to public provision for the purchaser, which is converted by an order of responsibility of the pre-removing authority, and that the late refusal is subject to a fine of more than 300,000 dollars and is recorded in the credit file.

Article 42, Staff of the Proflamation and Registration Agency, whoys negligence, abuse of authority, provocative fraud, are governed by the law by their units or superior authorities; constitutes an offence punishable by law by the judiciary.

Chapter VII

Article 43 Declining authorities may adapt the regulatory model for the sale of funds by a third party, such as the licensee of the commercial bank, to regulate the receipt and use of the funds for the sale, with the specific approach being developed by the pre-sale authorities, in accordance with the relevant provisions of the State and Fhana Province, to be published after the approval of the municipality.

Article 44 The Ordinance on the Management of the Carriage of Goods in the Municipalities, No. 100 of the Order No. 100 of 30 September 2001, was also repealed.