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Fuzhou City, The State-Owned Property Management

Original Language Title: 福州市国有房产管理办法

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State-owned property management approach in Favour

(Summit 7th ordinary meeting of the People's Government of the State of 18 March 2013 to consider the adoption of Decree No. 56 of 25 March 2013 of the People's Government Order No. 56 of 25 March 2013, effective 1 June 2013)

Chapter I General

Article 1 guarantees the legitimate rights and interests of the owner and the user of the State's property in order to strengthen the management of the State's property in the city, and, in accordance with national legislation and relevant provisions, develops this approach in conjunction with the present city's practice.

Article 2 states owned properties referred to in this approach are owned by the home property owner of the State, and by the municipal government, the property operated by the National Housing Management Centre in Fford State.

State-owned properties include temporary accommodations, public rental housing, affordable rental housing, releasing homes, the remaining public housing of the executive branch and the full allocation of units of the utilities (non-located offices), the closure, suspension, consolidation, transfer of property transferred by the State-owned utilities unit, and other property authorized by the municipality. The use of State housing is divided into two main categories of residence and non-residents.

Article 3. This approach applies to the operation and management of State property in the five municipalities of this city.

The management approach of public rental housing and integral housing was developed by the Government of the city.

Article IV. The National Housing Management Centre (hereinafter referred to as the Urban Housing Centre) is the competent authorities of the State's properties in the city area responsible for the management of State property in the city area. The municipal housing centre may commission the operation of state-owned properties by sector-based housing management or other property management units.

Article 5. The ownership and use of State-owned properties are subject to national legal protection and no unit or individual shall be in possession of State property.

Any unit or person is prohibited from unlawful lease, sale or use of State property to endanger public interest and undermines the legitimate rights and interests of others.

Article 6

The operating income of the State's property shall be subject to the provision of the same-level finance and the management of both income and expenditure lines.

Chapter II

Article 7. The Urban Housing Centre, as a renter of State property, shall enter into a lease contract with the lessee, agree on the terms of the lease, rental use, rental prices, and responsibility for repair.

The duration of the lease contract is generally not more than two years, up to three years. After the expiry of the period, the lease may be renewed in consultation with the parties.

Article 8. The rental of State-owned properties is subject to standard rental and market rental. The scope and rental criteria for the introduction of a standard rent for State-owned properties are implemented in accordance with the relevant provisions of the municipal government, and market rental is determined in consultation with the leased parties.

The rental contract with standard rental rates should be re-established in accordance with the new rental standard when the standard rental rate is subject to a policy adjustment.

With regard to the application of standard rents, the renter was granted to the National Housing Leasure voucher and the renter should register on a regular basis with respect to the use of the property of the lessee and document the National Rental Leas voucher; and no compensation and other matters could be used as a basis for the collection of compensation and other matters without clearance.

Article 9. The lessee shall pay the rent of the house in full in accordance with month, without undue refusal to pay or default on the rent.

Article 10, without the consent of the lessor, shall not be transferred to the State's property (including contracting, collaborating, borrowing, transfer, etc.).

Self-returned leases are null and void and the proceeds of the transfer are owned by the lessee and the lessee should assume responsibility for default.

Article 11. State-owned housing has a tenancy system whereby a single household can lease a standard rented home. For the rental of more than two houses, the renter has the right to terminate the original lease contract, to recover the rented house or to impose market rents on the rented housing rented by the lessee.

Article 12. The tenant of the housing house that is subject to a standard rent has been killed within the lease period, with the same conditions as the adult immediate family, which may apply for a further stay of the leased property management in the area where the renter is entrusted within six months of the death of the lease:

(i) In the same place of residence with the lessee;

(ii) Over two years of residence with the former tenant;

(iii) No housing in the five municipalities;

(iv) The housing preference policy not enjoyed by the State;

(v) One-time payment of rents owed to the tenant.

The same homeowner has a number of immediate family members, and there is a need for consensus among the immediate family members to determine a person who meets the State's rent.

In six months, no change in favour of a lessee or consultation cannot be determined by a new lessee, who has the right to lift the lease contract and to recover the house.

In the event of the introduction of a separate house of a guaranteed rent, the lessee agreed that the lessee could relocate the tenant's rented home to a new tenant who had no housing in the five municipalities and had no access to the State's housing preference policy, and that the new tenants should resign the lease contract with the lessor.

Article 14. After the expiry of the lease period, the lessee shall withdraw from the original leased house and return the house to the lessee. If the lease is to be continued, under the same conditions, the former tenant in accordance with the State's property management is given priority.

Article 15. During the lease period, the tenant's rented homes were identified by a qualified privatizing body for a D-risk facility and the lease contract was terminated from the date of the identification. The lessor shall be removed unconditionally within 10 days of the date of the notice of the lessor; unmoved, and the lessee shall assume responsibility for security.

Article 16 is one of the tenants who have the right to lift the lease contract, to relocate homes and to claim losses:

(i) There is no justification for the accumulated amount of six months in the amount of rent owed to the house;

(ii) There shall be no justification for house demolition for more than six months;

(iii) The unauthorized changes in the use of homes;

(iv) The transfer of homes to rent, transfer, borrower or self-removal;

(v) Self-exploitation, alteration and demolition of homes;

(vi) The use of rented homes for unlawful activities or unlawful conspiracy;

(vii) The intentional damage to State property;

(viii) Other grave breaches of the interests of the lessor.

Article 17: The Urban Housing Centre and its delegated territorial management, the property management unit shall establish a national property industrial archives and the information files of the tenants in accordance with the management authority, regularly verify the state of the State's home and provide a real and complete picture of the origin, location, size, equipment, use, integrity and change of the home.

Chapter III Use of management

Article 18, tenants bear responsibility for the maintenance of rented homes, and no unit or individual shall damage the State's property and shall not take advantage of the State's property for unlawful benefit.

Article 19 As a result of changes in use for historical reasons, following the agreement of the lessor, the lease contract was re-established and the standard of rental was clear.

Article 20 provides for the improvement of housing conditions by the tenants, with the consent of the lessor, of the right to the use of State housing.

In exchange of State-owned property rights, both sides should have written interchange agreements, the legal use of vouchers for both houses and the identification of the parties, and the application of the property management in the house's location for the processing of the property rights of the house.

Article 21, the lessee shall not modify and expand the leased State property.

The pre-implementation of the scheme for the alteration and expansion of the leased State properties due to the need for the production or life of the lessee shall be registered at the municipal housing centre for the purpose of the alteration, expansion of the new owner of the property.

Article 2 does not affect the structure and security of the house when the lessee conducts the handling of the house and adds the equipment, which causes damage to homes and the property of the lessee for reasons of the use of the lessee.

Article 23, which is affected by natural disasters such as storms, floods, winds and earthquakes, shall be subject to the uniform arrangements of the territorial Government to temporarily relocate the State's property that is rented or to its own settlement.

Chapter IV

Article 24, the lessor, together with the lessee, assumes responsibility for the maintenance of State property and its subsidiary facilities. Both parties should clearly agree on the responsibility to repair in the lease contract. Maintenance projects that endanger the use of homes are to be repaired in a timely manner by the lessee and the renter should be repaired in a timely manner.

In the event of natural disasters such as storms, floods, winds and earthquakes, all levels of housing management should be synchronized with the pre-emptive work of the territorial Government, discovering the situation of homes and placing them in a timely manner.

Article 25 Housing and its subsidiary facilities are naturally damaged, with the responsibility of the lessor to repair the damage caused by the improper or fault of the lessee.

Article 26 renters should conduct regular inspections, repairs, guarantee their normal use and security against homes and their subsidiary facilities.

When house renovations or renovations are inherent, the lessee and the neighbouring person should be actively involved in the relocation, without unjustifiably obstructing or making unjustifiable demands and impeding the renovation of the house.

Article 27 funds required for the renovation of the State's premises are covered from the rental income and should be earmarked and strictly removed. The inputs to the housing renovation fund must meet the need for housing safety and basic conditions of use, with priority being given to the provision of affordable, saving funds.

Chapter V

Article 28

Article 29 units transferred to property and their authorities shall be able to collate all inventory, statistics, aggregates and property files transferred to state property and to fully transfer all property and related archival information (including property certificates, land certificates, historical information on property, rental agreements, contracts, mortgages, debts, etc.) and to enter into a confirmation of the transfer of property to the National Housing Centre.

After the transfer of property, the Centre shall hold a transfer cell (or its competent authority) to demonstrate that the Transfer of Recognition and the mapping of information is due to changes.

Article 31 units transferred to homes and their authorities should properly deal with issues such as good house disputes in advance of the transfer of homes. Upon receipt of the property by the Urban Housing Centre, the original rental properties should be re-established. For the eligible tenants, the lease contract was re-established and the rental criteria were established; the non-conditional tenants were removed from the lease contract and the home was recovered.

Chapter VI

After article 32 determines the scope of the house, the house levy shall be informed, in advance of the decision taken by the house, of the results of the collection of State-owned properties, use, construction area, in writing, of the municipal housing centre, confirmed by the municipal housing centre. The Urban Housing Centre is responsible for informing the Territory's property management of the suspension of the procedures for the transfer of State-owned property, changes in the lease and sub-householding.

With regard to whether the tenants have enjoyed the State-mandated housing preference policy, the relevant sectors, such as municipal, district-level housing management and housing registration, should actively cooperate with the municipal housing centre and provide relevant written clearances to inform the house of the house.

Following a decision taken by the Government regarding the collection of State housing, the house-covered sector should enter into a housing fee-charging agreement with the municipal housing centre on the basis of the compensation programme. The levying sector should agree on payment of compensation for State property on time, in accordance with the payment agreement.

Article 344 imposes a standard rental housing tenant without the State-mandated housing preference policy, and the municipal housing centre, after the recovery of the housing property compensation payments provided by the municipality, may purchase public property rights for the house collected and enter into a compensation agreement with the housing-covering sector.

In the event of house collection, other State-owned tenants are not entitled to compensation for their homes, except for the non-residents of the house (subject to the records of the wards of the housing administration in each area) and the leases provided for in the preceding paragraphs. The former tenants are eligible for the continuation of the lease and may apply for the continuation of the lease to the Centre.

In the case of the home tenant's application for the processing of the property rights of the house, a letter of compensation for the settlement agreement shall be submitted to the home, as well as relevant materials such as the national property rental certificate, payment of the State's property payment orders, the purchase of a public property bill, and the application of the property registration process to the home registry authority for the processing of the national property write-off and the registration of property rights.

Chapter VII Legal responsibility

In violation of the housing lease contract agreement, the lessee has taken away from the lease of the State's property, unauthorized changes in the use of the house or the self-exploitation of the house, and the taxor has agreed to receive default payments in accordance with the contract, terminated the contract in advance and requested the tenants to relocate. The lessee was not paying for default or was later unmoved, and the lessor was charged by law and applied for enforcement by the court.

Article 37 replicates the National Housing Leasure Award, which is punishable by law by the local housing administration.

The use of rented homes for unlawful activities or for the possession of State property is sanctioned by the public security authorities in accordance with the laws and regulations such as the People's Republic of China Act on Security Control.

Article 338 personnel from state-owned property management are held in accordance with the law for administrative, criminal responsibility in the execution of offences such as false leave, infrastructural fraud, extortion.

Chapter VIII

The management of State-owned properties in Article 39 districts (markets) may be implemented in the light of this approach.

Article 40