Affordable Housing Construction In Anhui Province And Management Procedures (Trial Implementation)

Original Language Title: 安徽省保障性住房建设和管理办法(试行)

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201506/20150600399267.shtml

Affordable housing construction in Anhui Province and management procedures (trial implementation)

    (August 29, 2013 provincial Standing Committee of the 11th Anhui provincial government order No. 248, published since September 13, 2013 November 1, 2013) Chapter I General provisions

    First in order to protect the basic shelter needs of residents, standardize the construction of affordable housing and management, according to the relevant regulations of the State, combined with the facts of the province, these measures are formulated.

Article referred to affordable housing, is a town within the administrative area of the city and the county seat of the people's Government of the province (hereinafter the town) of eligible housing provides, with the guaranteed nature of low-rent housing, public rental housing.

Low-rent housing and the construction of public rental housing in accordance with the project approval process, respectively, fulfilling project and other related procedures, the implementation of integrated construction, allocation and management, and priority to low-income groups renting.

    Affordable housing through the construction, reconstruction, acquisition, leasing, donation or any other means to raise, by the Government, can also be supported by Government policies, social investment.

    Third article supportability housing of construction and management, should adapted produced city one of town of development need, and economic development and public service phase and Manpower, and industry function, and city function and ecological function phase coordination, insisted and manpower planning, and reasonable layout, Government led, and social participation, tube do separate, and market operation, guarantees basic, and dynamic management, rent fill separation, and merged run, public just, and strictly supervision of principles.

    Fourth people's Governments above the county level shall prepare the administrative construction of affordable housing plan to be incorporated into the national economic and social development planning, urban planning and land use planning, and annual and systematic implementation.

Article fifth provincial housing and urban-rural construction Administrative Department is responsible for guidance and supervision of construction and management of affordable housing in the province; provincial administrative authorities in accordance with their respective responsibilities, to affordable housing construction and management of related work. City, and County (city, and district) Government housing guarantees administrative competent sector is responsible for developed this administrative supportability housing of annual plans and related policy,, is responsible for supportability housing construction, and distribution and operation of supervision management; home sector is responsible for review verified application object of income and property status; financial sector is responsible for to meet conditions of guarantees object issued housing rental subsidies or housing rent grants; development reform, and audit, and monitored, and police, and land resources, and planning, and construction, and price, and financial, and

Tax departments in accordance with their respective responsibilities, to affordable housing construction and management of related work.

    The subdistrict office (community) or affordable housing in the town shall be responsible for the area of applications, initial evaluation of qualifications. Sixth government investment in affordable housing, financing, housing financing, rent collection and asset operation and maintenance, by the city and County (city, district) people's Government delegate operational bodies are responsible for.

Social investment in affordable housing, commissioned by the investors or the operators responsible for the management and operation.

    Government investment in affordable housing rental revenue proceeds and business services facilities, earmarked for affordable housing construction and debt, housing rental allowances, maintenance and management of affordable housing, and so on.

    Chapter II investment and construction

Seventh government investment in building affordable housing, through competitive selection with a corresponding qualification of enterprise construction, mainly for:

(A) the construction standards set by the Government, the repurchase price and construction deadlines, competitive land prices;

(B) the standards of design, construction and construction deadlines set by the Government, repurchase price competition;

    (C) determine the allocation by the Government units, construction standards, structure, construction period, in public housing projects in the land allocation.

Eighth of municipal and County (city, district) people's Government should be based on the construction of affordable housing and annual plans, land for construction of affordable housing into housing land supply plans, security of supply.

    Added construction land use plan for affordable housing and related infrastructure targets assigned by the province, according to state regulations, scheduled earlier in the year, in accordance with the approval of the situation in the second half, reported that the State check to confirm, do not account for other construction land use plan indicators released parts of the province. Nineth to construct affordable housing residents should take fully into account education, medical care, shopping, travel and other needs, priorities in the convenient, perfect infrastructure or industrial agglomeration area.

    Town of new affordable housing should be planned over the same period, and construction, while delivering the supporting infrastructure and public facilities.

Article tenth construction of affordable housing, should be strictly enforced housing design, construction quality and safety, energy conservation, environmental protection, green building, national and provincial standards, comply with the investigation, design, construction drawing review, construction, supervision and acceptance of such statutory construction procedures, improve the mechanism for bidding, enhance project quality supervision.

    Permanent identification should be visible in the building of affordable housing, marked with the construction, survey, design, construction, and supervision unit and its legal representative, those implementing responsible life.

11th government investment in affordable housing funds, raised through the following channels, implementation project management, separate accounts, and manpower-intensive use:

(A) the budgetary arrangements at all levels;

(B) the extraction of land transfer income in accordance with the regulations;

(C) the housing Provident Fund in accordance with the regulations to support affordable housing construction;

(D) rental, sale of social housing;

(V) donations;

    (F) the Bank loans, corporate bonds and other financing.

12th to encourage banking institutions or other institutions issue medium-and long-term loans for affordable housing construction, operation, lead security agencies to provide affordable housing finance, loan guarantees.

    Operator to issue corporate bonds or medium-term notes for affordable housing construction, operations, the relevant departments should give priority support.

    13th the construction, operation, and sale or rental of housing, according to the relevant provisions of national and provincial tax incentives, waiving administrative fees and Government funds.

14th social investment, operation of affordable housing should be incorporated into the construction of affordable housing in the local plan, annual plan and manage, enjoyed Government support policies.

Encourage social organizations and individuals would meet the conditions of their own rental housing to security object, or donate houses as affordable housing.

    Social housing organizations and individuals donations, as affordable housing, implementation of public welfare donations involving tax policy.

    Chapter III protection of objects and standards

15th urban housing security objects, such as housing and income, property meets the security conditions of urban households, individuals and towns stabilize the employment of migrant workers.

    Specific criteria and conditions by city or County (City) Government determined in accordance with local conditions, and to the public. 16th area of affordable housing standards, in accordance with national and provincial regulations.

City, County (City) Government housing and social security administrative departments under the protection of family, gender, generational structure, determines the assigned public rental housing units.

    Space standards for housing rental subsidies and rental subsidies per square metre, by the city and County (City) Government based on average household housing the administrative level, the financial capacity, as well as the average market rents and guaranteed rental expenditures as a proportion of household income a reasonable factor determines, dynamic management and announced to the public. Article 17th assigned public rental housing, lease contract shall be in accordance with the agreement of the lessee rents to pay rent.

Rent standards by the municipal or County (City) Government housing and social security administrative departments competent price Administrative Department, financial Department, reference the same location with reasonable levels of quality rental housing market, reported to the people's Governments at the corresponding level for approval announced implementation. City, County (city, district) people's Government under the tenant's income, housing rental subsidy.

    Lessee revenues and still meet the conditions for protection, it shall reduce the housing rental subsidies; no longer meets the security conditions of the lessee shall make affordable housing back and stop the housing rental subsidy. 18th government investment in building affordable housing to ensure holdings, to meet the security needs of affordable housing case, operators may, in accordance with the national provisions to the city and County (City) Administrative Department in charge of selling government-subsidized housing for housing under plans approved by the people's Governments at the corresponding level organization to the tenant sale. Selling prices by city and County (City) Government reference period with the same lot with the quality of commercial housing prices.

Lessee may purchase all property, or you can purchase part ownership. Operators approved to sell affordable housing, shall, within the administrative area of the announcement on the Government Web sites and other media buyers list and its housing and income.

    Publication period of not less than 7 business days.

    The fourth chapter application and approval Article 19th town families, individuals and migrant workers apply for affordable housing or housing rental subsidy shall be made to the subdistrict office (community) or the application submitted by the Government of the people of the town.

Centrally by the employers of migrant workers are encouraged to sub-district offices (community) or town government application.

The applicant shall truthfully housing, population, income and property status shall not be concealed, false, counterfeit, and written consent of the audit authority to verify application information.

    Audit authority to verify applicant's housing, population, income and property status, relevant units and individuals shall facilitate, in accordance with the regulations issued by the relevant evidence, and be responsible for the authenticity of the material issued by.

20th for affordable housing or housing rental subsidies, according to the following audits: (A) in the first instance. The subdistrict office (community) or township people's Governments shall, within 10 working days from the date of acceptance of the application, housing, population, income and property status of the applicant set out its preliminary comments.
Meet conditions of, subdistrict offices (community) or town government since proposed trial views of day up 2 a days within in applicants where community, and family members where units publicity, publicity time not less than 7 a days; publicity expires 2 a days within, on publicity no objections or by check objections not established of, will trial views and application material respectively reported County (city, and district) Government housing guarantees administrative competent sector and Ministry of civil affairs door.

(B) audit.

The County (city, district) people's Government housing and social security administrative departments shall receive the trial and within 5 working days from the date of the application, to survey the housing situation of the applicant verified and the audit opinion, submitted to the civil affairs departments at the same level. County (city, and district) Government home sector should since received trial views and application material of day up 15 a days within, through residents family economic status information check platform, with housing guarantees, and police, and human resources social security, and financial, and business, and housing Provident Fund management, units, on applicants income and property status for survey verified, proposed audit views and determine rent grants grade, submitted sibling housing guarantees administrative competent sector.

Shall cooperate with the relevant units and civil affairs departments received information verification notice 5 working days to issue an audit opinion, feedback from civil affairs departments. (C) registration. Audited qualified, by the city and County (city, district) people's Government housing and social security administrative departments in the administrative area of the Government website and other publicity in the media list and housing and income published by no less than 7 business days.

    Expiry of the publicity, publicity without objection or verify an objection does not stand, registered as a housing security objects, inform the applicant in writing, and through Government Web sites and other media to the public.

21st upon examination does not meet the criteria, audit unit should be returned to the application, inform the applicant in writing and state the reasons. Applicant has objections, he may, within 15 working days from the date of receipt of written notice, apply to the audit unit for review. Audit unit shall, within 7 working days from the date of receipt of an application for review are reviewed, and the review opinion.

    Review the error in the original audit observations, should be corrected, and shall inform the applicant reviewed the original audit correct, shall inform the applicant in writing the review result. 22nd of municipal and County (city, district) housing and social security administrative departments under the protection of the people's Government of housing, household size, income and property status, as well as local residence or stable employment duration, time score to apply for affordable housing, or by random lottery to determine, inter alia, protect the object allocation order.

Allocation results in housing security Administrative Department Web site.

Operations should be based on the results of allocation of housing and social security administrative departments, determine within 5 working days from the date of distribution, affordable housing rental contracts with the object, and included in the affordable housing management information management platform.

    Social investment, operation of affordable housing, its object must to be approved by the municipal or County (city, district) Administrative Department for housing under the registration object and incorporate affordable housing management information management platform.

23rd _ protection of the article that meets the following conditions, to give higher priority to guarantee:

(A) enjoy the urban minimum living guarantee family;

(B) the disabled and living alone, and four more than bailouts of major diseases;

(C) survivors of martyrs, disabled war veterans and other key entitled groups;

(D) families of model workers, heroic;

    (V) comply with city, County (City) other safeguards under the people's Government.

Article 24th to apply for housing rental subsidies, review and publicity without any objections, housing rental subsidies shall, according to prescribed standards.

    City, County (city, district) people's Government housing and social security administrative departments shall in conjunction with the financial sector in the third quarter of each year according to the current housing rental subsidy issue and needs, and so on, make the annual housing rental subsidy payment scheme.

    The fifth chapter uses the exit

25th affordable housing rental contract shall set forth the rent, lease and operation requirements, termination of the contract, Teng back and recover content such as affordable housing and handling, rental contract period not exceeding 5 years.

Affordable housing needs to renewal after the expiration of the lease contract, the lessee shall, in accordance with the regulations, within 3 months before the expiration of the lease to reapply.

    Affordable housing acquisition and sale contract shall set forth the Government's title share acquisition made all property, transferred, release back and repurchase the Government approach, and so on. Article 26th affordable housing property rights registration, shall be registered in the real estate book and right type indicated on the certificate type and tenure of affordable housing.

    Co-ownership housing, you should indicate the total share. 27th affordable housing for rent and their common parts, common facilities and equipment maintenance, conservation and management, by operational agencies.

Sale of social housing and the common parts, common facilities and equipment maintenance, conservation and other owners should be responsible for Affairs in accordance with law, the successful bidder is responsible for.

    Government investment in building affordable housing and common parts, sharing of facilities and equipment for maintenance and property services, mainly through the affordable housing rental income, property management fee income and income from services supporting business facilities to address shortfall by budgeting solution. 28th the lessee shall lease living in Government-subsidized housing, and in accordance with the contract to pay the rent and property management fees and other expenses. Lessee's rent exceeds the stipulated ratio of family income, the lessee may apply for public housing as required.

    Stored within the MPF account balances extracted the housing accumulation Fund and used to pay the rent.

29th the lessee through purchase, inheritance, gifts made by way of alternative housing, no longer meet the conditions for protection, shall, within 3 months after the change, submit to the operation contract, and Teng back affordable housing, according to the contract; operations found the tenant no longer meets the conditions should be in accordance with the termination of the contract, its Teng back affordable housing, in accordance with the contract.

    Receiving housing rental subsidies covered by the improved economic situation, or through purchase, inheritance, gift, such as access to housing, no longer meet the conditions for protection, housing rental subsidies should end.

30th the lessee of any of the following circumstances shall be returned rent affordable housing stop housing rental subsidy:

(A) concealing, falsifying or forging housing, population, income, property, lease conditions are not met;

(B) sublet, lend affordable housing;

(C) for more than 6 months in a row without good reason do not live in affordable housing;

(D) no justification today for more than 6 months of unpaid rent;

(E) damages, destruction refuses to reinstate Government-subsidized housing, or altering the purpose and structure of the premises;

(Vi) other circumstances as stipulated in the lease contract of affordable housing.

    Lessee the preceding paragraph (a), (b), (c) circumstances, shall at the same time return date of housing rent subsidy.

31st to buy affordable housing, since less than 5 years from the date of signing of the contract, shall not sell the acquisition houses; needs to be transferred, by operations according to the purchase price taking into account housing depreciation and price level to buy-back. Purchase affordable housing, since the expiration of 5 years from the date of signing the contract, the purchaser can contribute to the city and County (city, district) Administrative Department for housing under the application to obtain the full property or traded. Get all the property rights, should be in accordance with the same section with the quality of housing price to pay Government part of the purchase price of property rights; trade, based on the percentage of property rights to enjoy trading income, Government has the right of first refusal.

    Successful bidder after the transfer of social housing, urban housing safeguards allowed to re-apply.

Article 32nd low-income housing before the acquisition of the property rights of people in all, have any of the following circumstances shall make affordable housing back, original price repurchase operations in accordance with the purchase:

(A) for more than 6 months in a row without good reason do not live in affordable housing;

(B) leasing, lending, and unauthorized transfer of affordable housing;

(C) damage, destruction to purchase affordable housing, refused to restore the status quo ante;

    (D) without changing the purpose and structure of the premises. Article 33rd release back, recovery of low-income housing, the lessee or the successful bidder should be provided reasonable removal deadline.

    Move expired, lessee or acquisition without a legitimate reason not to move, operators may initiate litigation to the people's Court according to law.

    The sixth chapter services and management

    34th people's Governments above the county level shall organize relevant departments to build affordable housing information management platform and household economic status check platform, improve housing security information sharing, joint audit and verification mechanisms.

35th people's Governments above the county level and the Department shall disclose the following affordable housing information:

(A) affordable housing regulations and rules, audit procedures, the criteria for allocation policies;

(B) the construction of affordable housing and annual plans and their implementation;

(C) the construction of affordable housing projects and availability;

(D) the distribution of affordable housing, to exit, housing rental subsidy distribution;

    (E) violation of affordable housing policy, laws and regulations to deal with the situation.

    Article 36th city, County (city, district) Government housing and social security administrative departments should build affordable housing and protect the object files, record object's application, review and distribution of affordable housing construction, financing, rentals and sales, rental housing subsidies, housing rental subsidy distribution, illegal information. 37th security object should be in accordance with these rules, accurate Declaration of housing, population, income and property status.

Covered housing, population, income and property status and other conditions change, no longer meet the conditions for protection, shall, within 3 months after changing operations report. City, County (city, district) people's Government housing and social security administrative departments shall, jointly with relevant departments to protect the object's housing, changes in population, income and property, conduct spot checks on a regular basis.

    Sampling results as adjusted low-income housing, housing rental subsidy and housing rental subsidy basis.

    38th goal of government investment in building affordable housing task completion, fund raising, management and use of construction management, housing allocation operation, and support implementation of the policy, shall be subject to auditing by the auditing departments.
39th people's Governments above the county level housing Administrative Department and other relevant departments, neighborhood offices (community), town government reports, complaints system should be established, published reports, complaints, phone, email address.

Violations in the affordable housing construction and management, all units and individuals have the right to report and complaint.

    Relevant departments and units upon receipt of the reports, complaints, should be in accordance with the lawful investigation and handling of their respective duties and responded to reports, complaints of people.

    The seventh chapter legal liability

40th article violates these rules, city and County (city, district) people's Government, one of the following acts, by the higher people's Government a rectification, criticized, directly responsible shall be given in charge and other direct liable persons disposition:

(A) not set up construction of affordable housing and annual plans;

(B) is not required to construct affordable housing land into housing land supply plans to guarantee availability;

(C) was not raised by the regulation, allocation and use of government investment in building affordable housing fund;

(D) was not determined and adjusted by the regulation to protect income and property standards, standards of housing, rental subsidy area per square metre and rental subsidies;

    (E) fails to perform the other duties as provided herein.

41st people's Governments above the county level housing Administrative Department and other relevant departments, neighborhood offices (community) and the town has one of the following acts, directly responsible to the person in charge and other direct liable persons shall be given disciplinary action:

(A) an applicant who does not meet the requirements to provide affordable housing or housing rental subsidies;

(B) unauthorized change protection, affordable housing space standards, as well as public housing rentals, prices of the sales or rental housing subsidy standard;

(C) does not provide for the establishment of affordable housing and protect the object files;

(D) is not in accordance with the regulations on the application at first instance or audit;

(E) not complying with the provisions of publicity or public security, House security information;

(Vi) for illegal activities is not timely dealt with according to law;

    (G) fails to perform the other duties as provided herein.

42nd article violates these rules, concealing, falsifying or forging the applicant housing, population, income and property status, housing and social security administrative departments above the county level people's Government rejected his application, into the cornerstone of affordable housing information management platform.

    Violation this approach provides, applicants hide, and false or forged housing, and population, and income and property status, cheat rent, and cheat purchased supportability housing or cheat housing rental subsidies of, by County above government housing guarantees administrative competent sector recovered supportability housing or recovered housing rental subsidies, entry supportability housing based information management platform, since recovered supportability housing or returned housing rental subsidies of day up 5 years within not accepted its supportability housing application, and at 1000 Yuan following fine.

    Article 43rd units or individuals for affordable housing applicant or members of his family issued false documents, the people's Governments above the county level administrative Department of housing rectification of personal penalty of between 200 Yuan more than 1000, the unit shall be fined a maximum of between 10000 and 2000 Yuan, according to JI responsibility according to law.

    The eighth chapter by-laws

    44th other town and independent industrial and mining areas, construction of affordable housing and management of State-owned farms, in accordance with the measures implemented. Article 45th these measures shall take effect on November 1, 2013.