Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201308/20130800390320.shtml
Administrative measures for public rental housing in Xining
(May 21, 2013 Xining Municipal Government the 18th Executive Meeting May 28, 2013 123th number in Xining people's Government announced come into force on the date of promulgation) Chapter I General provisions
First in order to improve housing security system, relieve housing pressures for housing groups, achieve the goal of a harmonious Habitat, under the provisions of the relevant laws and regulations, combined with the city's actual, these measures are formulated.
Second approach applies to public rental housing within the administrative area of the city planning and construction, rental application, the waiting service, use exit, and supervision and management.
Third public rental housing in these measures refers to policies supported by the Government or investment construction, limited social investment-building area and at favourable rents to the housing difficulties of urban lower-middle income families, new employment workers and stabilize the employment of migrant workers in towns to provide affordable housing.
Fourth, housing and social security administrative departments in charge of public rental housing in the city planning, construction, rental, sales, distribution policy guidance and supervision and management.
Municipal Government commissioned body, specifically responsible for the city's concentration of public rental housing construction, repurchases, capital, lease, information construction and other work.
The municipal development and reform, supervision, finance, land and resources, planning, construction, taxation and finance departments according to the Division of responsibilities, do relevant work of public rental housing.
District Governments, neighborhood offices according to their respective responsibilities for public rental housing to apply for acceptance, review, publication, and so on.
Planning and construction of chapter
Fifth of public rental housing construction plan and annual plans for construction, housing and social security administrative departments, by development and reform, land and natural resources, finance, construction, planning and other departments, combined with the demand for public rental housing in the city is developed and submitted to the municipal people's Government for approval.
The sixth allocation of public rental housing construction land supply, and included in the annual land supply plans, reporting annual land quota list separately.
Related to entrusted of the seventh municipal bodies responsible for public rental housing in the city's centralized building; Park, the construction of public rental housing units, by the consent of the municipal building on their own; housing construction in the construction of public rental housing with buy-back by the Government. Eighth public rental housing through the construction, reconstruction and long-term rental, housing construction, old building with buybacks raise. Public rental housing is housing or dormitory housing packages.
New public rental housing unit type area to be controlled within 50 square meters, with 40 square meters of apartments, dormitories should be less than 50 square meters, and in conformity with the part of the housing construction standards.
Nineth of public rental housing construction funds source:
(A) Central subsidies;
(B) the local financial budget funds;
(C) net income from land leasing gold;
(D) rental income, sales income of public rental housing;
(E) the banks, non-bank financial institutions and funds loans;
(F) units of self-financing;
(VII) other ways to raise funds.
Tenth of public rental housing construction funds, rental income account management, earmarking. Government investment in the construction of public rental housing sales and rental income in accordance with the provisions of government non-tax income management over to the State Treasury at the same level, the implementation of "two lines of income and expenditure" management, and use the notes printed by the provincial financial department.
Rental revenues earmarked for public rental housing and the maintenance and management of public rental housing expenses.
Economic development zones and industrial parks, as well as units in the construction of public rental housing sales and rental income, is a national and provincial and municipal governments invest and enjoy various preferential policies part remission of fees shall be paid into the State Treasury at the same level, the implementation of "two lines of income and expenditure" management.
11th public rental housing construction and operation of the management and collection of taxes and fees in accordance with the relevant provisions.
12th public rental housing for "who invests, all" investors ' rights and interests can be transferred according to law.
Enjoy government-subsidized construction of Park owned parks, and units of public rental housing units, and property registration should note the Government subsidies.
Property right to repurchase the Government's allocation of public rental housing owned by the Government, did not repurchase the allocation of public rental housing property investor-owned.
Chapter III application and review
13th housing difficult families, new employment and worked in this city for more than 1 year (subject to labor contract) rent capacity to pay migrant workers, the Government introduced a special talent and work in this city's national and provincial model workers, heroes can apply for public rental housing. 14th if an applicant can only apply for 1 set of public rental housing.
Families applying for public rental housing, all members of the joint applicants, representatives elected 1 eligible applicants; new workers, migrant workers, the Government introduced a special talent, such as applying for public rental housing, I am the applicant; many people sharing (not more than 3 persons) for the determination of 1 person for the applicant, other types of artificial joint applicants.
15th public rental housing application for access system, shall comply with the following conditions:
(A) 18 years of age;
(B) have a stable job or ability to pay the rent;
(Iii) family per capita income lower than the annual average wage of fully employed staff in Xining on standards;
(D) the family in employment and housing, or the per capita housing floor space of less than 18 m;
(E) the new workers, migrant workers, the Government introduced a special talent-free housing in Nanjing.
(Vi) does not rent or buy other low-income housing;
(VII) other conditions stipulated by the municipal people's Government.
16th to apply for public rental housing, shall submit the following information:
(A) of the public rental housing application form;
(B) the family member identification, proof of residence and marital status;
(C) proof of income of family members;
(Iv) family members real estate certificates;
(E) other required materials.
The 17th public rental housing for the "three-stage review, secondary publication" application of principles. To account for the location of the applicant, or where the community or town, Office applications, community or town, after the application materials are received by the Office of the applicant, 10 working days to complete the trial and publicity.
Qualifying in the first instance and publicity without objection, within 5 working days will be reported to the District Government review of related materials. District 15 working days to complete the review, and the public.
Eligible for reexamination and publicity without objection, within 5 working days to submit related materials, housing Administrative Department of the Court of final appeal.
Municipal housing Chief Department within 5 business days to complete the work to qualified applicant information into rental waiting for the library. 18th the applicant shall be responsible for the authenticity of the application materials. The applicant disagrees with the results of the Court of final appeal, may appeal to the municipal housing and social security administration departments for review.
City Housing and social security administrative departments after receipt of the objection, review shall, within 15 working days, and inform the applicant in writing to review the results.
Fourth chapter on the waiting list and assigned public rental
After 19th of public rental housing to determine, city housing and social security administrative departments should develop assigned public rental scheme and announced to the public in a timely manner, assigned public rental scheme should include the availability of location, number, type, size, facilities, functions, and so on. 20th rent system applied by public rental housing waiting list for distribution.
Enter the waiting list applicants in accordance with the time limits and the corresponding type Lottery assigned public rental, issuance and distribution granted rent rental confirmation, not with rent into the next round of lottery distribution rentals.
21st city housing and social security administrative departments shall, in accordance with the level of economic development and the demand for public rental housing, public rental housing waiting time, reported the people's Governments at the corresponding level for approval and to the public.
22nd city housing and social security administrative departments determined by random lottery assigned public rental housing, and lottery results Lottery process should be open to the public.
23rd in line with access to low-rent housing families, dangerous families, resettlement of urban major projects, Government introduce special talents and work in this city national and provincial model workers, heroes, etc, you can give priority to public rental housing.
The 24th were assigned public rental qualifications of an applicant under any of the following circumstances, with the exception of force majeure, as automatic give up rental qualifications, shall not be again applied for public rental housing within 1 year:
(A) without complying with the provisions of selected public rental housing;
(B) has selected public rental housing does not sign the lease contract within a specified time;
(C) has signed a lease contract does not check in 30th;
(D) the qualifications of other give up with rent.
The fifth chapter uses the exit
25th city housing and social security administrative departments responsible for management of public rental housing in the city, and the inclusion of the applicant's housing credit credit credit system.
The 26th public rental housing tenants be public rental housing tenancy contract with the owner, by the Xining public rental housing tenancy contract, housing and social security administrative departments.
27th public rental housing tenancy after the contract is signed, public rental housing owners or clients should contract in the 30th, housing and social security administrative departments. 28th prices of rents of public rental housing by the city authorities in conjunction with the housing sector, State-owned assets.
Rent standard dynamic adjustment to the public once every 2 years. 29th public rental housing tenants should pay a rental deposit, margin rates for 6 months rent. Security deposit for the rental housing damaged during repairs, liability for breach of commitment.
Margin during the lease period, excluding interest and the balance returned to the lessee after the lease term expires. 30th public rental housing tenants lease period of not more than 5 years for the first time.
Expiry of the rental period, audited in accordance with conditions of tenants of public rental housing the original lessee can renew renewable term not exceeding 1 year at a time.
31st Xining city, the lessee shall perform the obligations under the lease contract of public rental housing, pay rent, water, electricity, gas, property management and other expenses.
32nd public rental housing owners can select or open recruitment of professional property services company, property price service price departments.
Article 33rd public rental housing owners and its principal operating unit shall be responsible for maintenance of public rental housing and supporting facilities, without changing the nature of public rental housing.
34th the lessee may be supplemented, renovation of public rental housing, it needs renovation, public rental housing should be the consent of the owner or principal institutions concerned.
35th public rental housing tenancy expires, after reviewing the renewal conditions are not met, the lessee shall be retired from public rental housing, refuses to withdraw from public rental housing, rent at market prices.
The 36th by the lessee in the lease purchase, donation, inheritance or any other means to other housing, public rental housing should be quit.
37th the lessee of any of the following acts shall be recovery of public rental housing, and credited to the credit files of public rental housing, within 5 years may not apply for public rental housing:
(A) false to hide household, family, income, property, housing and other conditions;
(B) the illegal sale, sublet, lent, or altering the housing purposes and refuses to fix;
(C) without justifiable reasons not to rent housing for 6 consecutive months;
(D) the cumulative 6 months without good reason not to pay rent;
(E) the expiry of the tenancy, refuses to withdraw from public rental housing;
(Vi) engage in illegal activities in public rental housing;
(VII) other acts in violation of the contract.
Article 38th of public rental housing Administrative Department after making the decision to cancel the rental qualifications, shall, within 7 working days notify the lessee in writing and state the reasons.
39th real estate agencies and their staff shall not offer brokerage services to public rental housing.
40th the lessee to purchase the original rent of public rental housing, in accordance with the affordable housing prices released by the municipal people's Government.
Purchase a home less than 5 years, and may not directly traded, the purchase of one who for special reasons required the transfer of housing, the Government can first repurchase it at the price; buy housing for 5 years, go through relevant procedures, after obtaining a full property rights, to be traded.
The sixth chapter legal liability
41st construction units without authorization of public rental housing construction for other real estate development and management, the Department of land and resources administration will be punished according to law.
42nd municipal delegate agencies in violation of these regulations, any of the following acts by the municipal Administrative Department of housing rectification and fined 5000 Yuan and 30,000 yuan fines:
(A) to the objects that do not meet the criteria for public rental housing;
(B) failure to fulfil maintenance obligations for public rental housing and related infrastructure;
(C) change of public rental housing affordable housing properties, use and planned use of the facilities.
43rd lessee breaches the provisions of article 37th, the city housing and social security administrative departments shall order at market price to pay rent from date of violation, recorded in the management of public rental housing, and fined 1000 Yuan fine; there is illegal income, confiscate the illegal income and imposed illegal gains 3 times less fine not exceeding 30,000 yuan.
44th real estate brokers agents of the contravention of public rental housing transfer, lease or sublease, the municipal housing Administrative Department of real estate broker fined staff housing 10,000 yuan each, the real estate broker fined institutions housing 30,000 yuan each, and credited to the credit file.
Article 45th Executive staff failed to perform their duties in the management of public rental housing, or abuse of power, negligence, malpractice, the directly responsible person in charge and other direct liable persons shall be given sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
The seventh chapter by-laws
46th article, counties, parks, management of public rental housing units built in accordance with the measures implemented, also pursuant to these measures, formulate implementing rules.
47th article of the way from Xining city, housing and social security administrative departments in charge explained. 48th these measures come into force on the date of promulgation.
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