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Guangdong Province Urban Housing Safeguards

Original Language Title: 广东省城镇住房保障办法

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Urban housing security in the Province of Broad Orientale

(Summit No. 110 of the Eleventh People's Government of Broad Orientale Province, 14 January 2013, considered the adoption of the Decree No. 181 of 29 January 2013, which was issued as from 1 May 2013)

Chapter I General

Article 1, in order to establish a robust housing security system that guarantees the basic housing needs of urban housing hardship residents, establishes this approach in line with the relevant legislation, such as the People's Republic of China's Urban Property Management Act.

Article II applies to the planning, implementation and monitoring of housing security in towns within the territorial administration.

Article 3. Town housing guarantees should be guided by the principles of government ownership, social participation, targeted construction, affordability, openness, equity and justice.

Article IV. This approach refers to urban housing guarantees that are eligible for housing hardship or individuals meet basic residency requirements by applying for rental housing (hereinafter referred to as security houses) or by receiving housing guarantees.

Article 5. Housing security is an important responsibility of the people at all levels. Provincial, municipal, district (zone) people's governments are united in leadership, organization and coordination of housing security.

The housing security authorities of the above-mentioned people at the district level are responsible for the implementation, supervision and coordination of the work of the organization responsible for housing security in towns within the current administration, and the establishment of a system of sound applications, clearance, rotation, withdrawal and exit.

The relevant sectors such as development reform, public safety, civil affairs, finance, social security, land resources, prices, finance, assist in securing housing in accordance with their respective responsibilities.

The Street Office or the Town People's Government and the Community Residential Commission should assist the relevant departments and agencies to secure the work related to urban housing.

Article 6. Municipal, district-level people's governments may establish housing security committees, consisting of government departments, representatives, politicians, expert scholars, mass representatives and decision-making in the exercise of housing security. Specific responsibilities are governed by the Commission's statute.

Article 7. Governments of the urban, district-level people may establish or clarify urban housing security institutions, or may commission social organizations or buy services to the market. With regard to the issue of construction kits and contracting, the procurement of goods should be subject to legal provisions such as the bidding law of the People's Republic of China and the Law on Procurement of the Government of the People's Republic of China.

The Housing Guarantee Implementation Agency specifically hosts the following urban housing security services in the administrative area:

(i) Survey, analysis, statistics on housing security needs;

(ii) Approval of requests for housing security;

(iii) Safeguard the implementation of property such as accommodation, recovery, repayment and rental subsidies;

(iv) Safeguard the operation management and maintenance of housing;

(v) Secure registration and inspection of housing, exit and use;

(vi) Establish a network of good housing security services;

(vii) Other housing security matters.

Chapter II Planning and construction

Article 8 Governments of the urban, district-level people should organize regular surveys on the housing situation of the urban population, with the development of housing security planning and annual plans based on the level of economic and social development and the need for housing security.

Housing security planning should clarify the objectives of housing security, the overall requirement, the scale of construction and supply, land and financial arrangements, the planning of implementation measures and work mechanisms, and should be consistent with overall land-use planning and rural and urban planning and integrated into national economic and social development planning.

The Annual Plan for Housing Guarantees should clarify the elements of the planned financial arrangements for housing security in the year, the provision of housing-facilitative arrangements, the location of project construction, the scale of supply and major policy measures.

Article 9. Governments of the urban, district-level people should establish a housing security reserve system based on housing security needs to ensure access to land.

When urban and rural planning is developed, there should be a clear guarantee of the spaceb offices. The Land Resources Authority, together with the Housing Guarantee Authority authorities, prepares housing security land reserve planning based on rural and urban planning and land use planning, which clearly ensures specific land units for construction. In line with the urban planning control indicators, housing can be properly improved.

When the city, the land resources sector prepares housing land-use supply plans, it should be included in the Safeguarded Homeland Supply Plan. With regard to the need to use new construction sites, the provision of new land-use planning indicators in municipalities, districts and counties should be based on annual land supply plans and the availability of land without statutory procedures.

Article 10 Governments of more than communes should establish financial security mechanisms that are adapted to housing security needs and incorporate housing security funds into the financial budget.

More than the people at the district level may raise housing security funds by:

(i) Funding earmarked for grants for central and provincial arrangements;

(ii) Funding for budgetary arrangements for the local fiscal year;

(iii) The value-added benefits balance of the loan risk reserve and post-management costs;

(iv) Remove land for more than 10 per cent of the net proceeds each year;

(v) Funds raised through innovative means of financing and public deposit loans;

(vi) Reimbursement of rental housing and associated facilities;

(vii) Individual corporate bonds issued in accordance with national provisions;

(viii) Social donations;

(ix) Other funds that could be included.

Article 11. Governments of people at the district level should strengthen housing security policy studies, innovative incentives, and encourage social funds and social institutions to participate in building housing.

Bank agencies are encouraged to grant medium- and long-term loans for housing security and to encourage insurance agencies to participate actively in the construction of insurance, reinsurance. Various financial institutions are encouraged to support the financing of long-term bonds in line with the conditions for housing construction and operation.

Article 12 Guarantees of housing sources include:

(i) Government investment in building, buying, renting or reclaiming, buying and confiscated housing by law;

(ii) The Government entrusts enterprises or other organizations with building, supporting housing, either in accordance with Government agreements;

(iii) Self-building of units;

(iv) Concrete construction of housing in industrial parks;

(v) Social grants to government housing;

(vi) Other avenues for raising housing.

Article 13 guarantees a combination of centralized construction and accompanying construction.

In order to guarantee the construction of houses in conjunction with commodity buildings, the Land Resources Authority should clarify the construction of the total building area, the area of the assessed land area, the single building area, the set of units, the percentage, construction standards, housing rights, etc. in the construction of the project area, and should be agreed in the land concessions contract.

Safeguarding the construction of houses with commodity buildings should be accompanied by planning, design, construction and delivery. The construction of commodity housing units should be accompanied by construction and delivery. The contract should be collected against land.

Article 14. The Housing Guarantee Implementation Agency shall make public observations available to the selected locations, design programmes and facilities for the construction of the guaranteed housing project, as well as to the public.

Article 15. Safeguarding the construction of housing projects should be in line with basic construction procedures, strict implementation of housing construction standards and standards such as quality safety, energy efficiency and environmental protection of construction works, and in line with urban planning requirements, the construction of infrastructure, public service facilities and commercial service facilities, such as roads, schools, hospitals, libraries, etc.

Article 16 provides that provincial housing and rural-urban construction authorities should establish local standards for construction of housing-related works in accordance with national standards of engineering and technical norms. Safeguarded housing projects are encouraged to develop equipment such as water efficiency, as well as new energy sources such as water cycle use technologies, solar energy.

The municipal, district housing security authorities should properly determine the area of construction, set-up structure, indoor dressing standards and accompanying facilities in accordance with local standards established by provincial housing and rural-urban construction authorities.

The construction units should complete the renovation in accordance with the principles of environmental protection, energy efficiency and economic application prior to the delivery of the new guaranteed housing units in Article 17. In other ways, the guaranteed housing raised should be renovated accordingly, taking into account the renovation criteria in the new construction facility.

Chapter III

Article 18 Applications for rental housing or rental subsidies shall be in accordance with the following conditions:

(i) The area of housing or housing is lower than the prescribed standards;

(ii) Income, property below the prescribed criteria.

The applicant is a distributor and has reached the time limit for local employment.

Specific criteria are determined by the authorities of the municipal, district-level people's housing security authorities in accordance with the realities of the region, to be applied on a regular basis, after the approval of the Government of the current people, and to make it public.

Article 19 Housing guarantees are submitted by the applicant to the Office of the Street Oriental Office or the Government of the Town. Different local workers in various industrial parks can be declared by their businesses.

Article 20 Applications for housing security shall be submitted to the following written evidence:

(i) The situation of family members and their families;

(ii) Income situation;

(iii) Housing, deposits and other property status;

(iv) Other material provided by the housing security authorities.

The applicant is responsible for the authenticity of the application. In accordance with the provisions, the relevant units or individuals shall be required to produce the material and shall be responsible for the authenticity of the material.

Article 21, Housing security requests are received and first instance by the applicant's office in the street or the town's people's Government, and the Housing Guarantee Implementation Agency will review with the relevant departments, such as civil affairs, with the approval of the municipal, district-level housing security authorities.

Article 22, the housing security authorities and the implementing agencies may, inter alia, investigate the income of the applicant and his family members, the vehicle, deposit, and the value of the property, such as the recipient survey, the neighbouring visit, the letter, the information certificate. In accordance with their respective responsibilities, the public safety, banking, securities, land, housing, tax, and business sectors have provided the housing security authorities and enforcement agencies with the property certificate of the applicant.

Article 23's review of housing security requests, by the receiving street office or by the Government of the town and the housing security implementing agency, is displayed in office premises and through the portal, with no less than 20 days. During the public statements, the units and individuals that have contested the content should be presented in writing. The Street Office or the Town People's Government, the Housing Guarantee Implementation Agency should verify the objections and disclose the results.

The refusal to cooperate with the review, the non-qualified or validated grounds for objections during the public statements was reclaimed by the Street Office or the Town People's Government and the Housing Guarantee Implementation Agency and written reasons.

Article 24, the municipal, district-level housing security authorities should establish a rotational rule that will be implemented after approval by the municipal and district governments. The Housing Guarantee Implementation Agency should establish a housing security round-table registry that would meet the conditions for applicants to be included in a round-table registry in accordance with the rotation rules and would open the information on the local government website. The time is normally three years, up to five years.

The beneficiaries of the State's fixed-term pension benefits, those with unaccompanied and disabled persons, are given priority to the households that should be given care in accordance with the provisions. The rights of persons with disabilities, older persons, etc., who are not in a position to do so, have priority to choose access and lower-safety tenure.

In accordance with the law, the families of individuals who have been charged and who are subject to the conditions of housing security shall be given priority to the housing security in the city, in the district, in which they have taken decisions.

The construction of units, the concentration of industrial parks, and the establishment of units and in-households have priority rights.

Article 25 Changes in the situation of family members and their families, income, property and housing during the round-table period shall be reported by the applicant to the housing security implementation body. The applicant's change in circumstances is no longer in accordance with the required conditions, and the housing security implementing agency should remove its rotational qualifications and communicate it in writing.

More than a certain period of time, the housing security implementing agency should re-examine the applicant's compliance with the prescribed conditions and the applicant should cooperate. Upon review, the applicant remains in accordance with the conditions set, and its pre-stigation is unchanged.

In the context of the provision of alternative housing, a rotary-designate-based claimant is selected in accordance with the rotating rules; the waiver of the option is re-located by the post-executive applicant.

Article 27, when the applicant selects specific housing or selects a lease subsidy, shall, within the time specified, enter into a guaranteed rental contract with the housing security implementing agency or a lease subsidy agreement to clarify the rights obligations of both parties.

The applicant rejects the contract, the late contract for the lease or the lease subsidy agreement as the right to renounce housing security. The request was once again and should be renewed.

Chapter IV Management and oversight

Article 28 guarantees the operation management and maintenance of housing and its subsidiary facilities, components of the work of the industry, and the operation of a shared facility equipment, which are borne by the lessor.

Unless the housing guarantee and the consent of the rural and urban planning authorities, the tenants shall not be allowed to renovate, re-establish housing and their subsidiary facilities.

The Government's investment in the construction of small-scale housing sector services, led by the Housing Guarantee Implementation Agency, and the provision of services by the publicly elected business sector.

Article 29 guarantees the rental of homes by government pricing or government guidance, specifically by the municipal, district-level price authorities, and by the same-level housing security authorities, after approval by the Government of the same people.

The rental price of housing guarantees should be adjusted in accordance with local socio-economic development, changes in prices and the level of housing security.

Article 33 Objectives for housing security in accordance with low-income conditions are subject to the principle of sub-mission subsidies and are subject to the Government's application for rental subsidies. The guaranteed beneficiaries may apply for public rental housing provided by the renting Government or for basic residential requirements through market rental housing or the full use of existing housing resources.

The rental subsidy criteria are determined in accordance with the per capita guarantee of the area of construction, the household population, the subsidy criteria, the level of income, and regional factors, as well as dynamic management.

The low-income conditions and the specific subsidy scheme are determined by the urban and district governments.

Article 31 guarantees that houses should be self-sustained without the transfer, rent, sequestration, borrowing and mortgage.

Article 32 covers one of the following cases, which shall be paid in accordance with a contract agreement, and the housing security enforcement body shall lift the contract and recover the guaranteed housing in accordance with contractual or statutory conditions:

(i) There shall be no justification for staying within secure tenure for more than six months;

(ii) No payment of rents for two consecutive months or for more than six months;

(iii) Self-exchange, borrowing, renting and mortgage security;

(iv) Guarantee the use of housing for operational purposes or change the use of functions;

(v) The damage caused to the rental security facility owing to intentional or gross negligence;

(vi) The value of assets such as deposits, equity funds exceeds the amount specified or is not subject to safeguards;

(vii) Other violations, default, provided for by law, regulations or contractual agreements.

Article 33 guarantees the duration of the rental contract for the rental of property for a period of three to five years. The lease shall be subject to conditions for the duration of the lease.

The duration of the guaranteed rental contract or the lease subsidy agreement is due to expire, and the applicant shall submit an extension request by three months before the expiry of the period of time, after the approval of the housing security enforcement body, the notice shall not exceed 20 days.

The applicant may re-establish the lease contract or the lease subsidy agreement through the clearance of an objection or an objection, which is not validated.

The housing guarantee enforcement body shall, on the date of the expiration of the original lease contract or the lease subsidy agreement, recover the guaranteed property or cease the payment of the rental subsidy.

Article 34, the housing security implementing agency should regularly verify the applicant's situation, recover the guarantee or cease the payment of the rental subsidy and process the procedures.

Article XV guarantees that the home has been recovered and that the families or individuals of the original rental guarantee shall be relocated within 30 days of receipt of the contract or termination of the notice of the contract and to deal with the relevant procedures.

It was justified that it was not possible to move on the ground and that it could apply for a maximum period of up to six months of extension. During the extension period, rents were charged in accordance with the rental of markets with types of housing in the same period.

Without justification for the late relocation, the housing security implementing agency should be responsible for its relocation and the denial of implementation, which can be applied to the people's courts in accordance with the law and charged rents in accordance with two times the rental of markets with the same region for the same period.

Article 336 The Government of the people at the district level should make public planning, planning, implementation, funding, use of local indicators, management use and security of the population.

Article 337 The housing security authorities of the Government of more than communes should establish urban housing security information systems, document and publicly guarantee information on housing planning, construction, clearance, rotational waiting, etc.; document and disclose illegitimate behaviour of the parties in conflict with the law, default, and communicate the content to the parties' units and institutions.

Information platforms such as public security, civil affairs, social security and financial security should establish information-sharing mechanisms with urban housing security information systems.

Article 33 Eighteen municipalities, district housing security authorities should strengthen the management of the urban housing security archives, establish the sound housing security project archives and the housing security-related archives, with details of the applicant's application, clearance, posture, contract, home use, redeployment, extension, exit and related misconceptions, disciplinary, punishment.

The Government of the people at the third level should establish a monitoring vetting system for the implementation of housing security in the lower-level people's Government.

The housing security authorities and housing security enforcement agencies at the district level should strengthen monitoring of the compliance of the guaranteed target person with the law, regulations, regulations and regulations.

The Housing Guarantee Authority and the Housing Guarantee Implementation Agency are mandated to undertake the following measures:

(i) To ask units and individuals related to verification matters, and to request clarifications and information on verification-related matters;

(ii) Inspection of the use of housing by law;

(iii) Access, record and replication of security-related information on the status of housing family members, household income and property;

(iv) To put an end to violations of the relevant laws, regulations, regulations and regulations of housing security and to rectify them.

The units and individuals concerned should cooperate with the supervision of the inspection, and should provide information on housing security.

The housing security authorities, the housing security implementing agencies and their staff members shall be confidential to the personal information of citizens known in their work, except for personal information that should be disclosed in accordance with the provisions.

Article 40 Housing Guarantee authorities and other authorities, the Housing Guarantee Implementation Agency and its staff shall be subject to the supervision of society and citizens.

Housing security authorities should make public complaints, the channels and means of reporting. Reports, complaints should be promptly verified and processed by law.

Chapter V Legal responsibility

Article 40

(i) The preparation of housing security planning and annual plans by law;

(ii) No standard of income and housing hardship for the social disclosure of the application for housing security, as prescribed;

(iii) No guaranteed housing and the provision of housing rental subsidies to eligible applicants by law;

(iv) No information on housing security, the establishment of housing-building project archives and housing security-related files, in accordance with the law;

(v) Provide guaranteed housing and housing rental subsidies to applicants who do not meet the prescribed conditions;

(vi) Reimbursement of housing-related safety standards, standard of dressing, rent, rental subsidy or form of housing security;

(vii) Be found that the guarantor violates the provisions of this approach and does not be examined or is not dealt with in accordance with the law upon notification;

(viii) No other responsibilities under this approach are performed by law.

Article 42 states that the relevant authorities of the population at the district level are one of the following cases, which are rectified by the Royal People's Government or by the relevant branches of the Government of the High-level People's Government, to inform the criticism and to hold the responsibilities of the principal and the direct responsible person in accordance with the law:

(i) The development reform sector does not incorporate housing security schemes into national economic and social development plans;

(ii) Construction of housing in a manner consistent with construction, and the authorities of the Land Resources Authority and the Housing Security Service do not include the provision of set-ups, construction standards, re-entry prices, recovery conditions, in the construction of capital transfer decisions, building land use rights for contracts;

(iii) The financial sector does not provide for the financing and use of housing guarantees;

(iv) The Land Resources Authority does not regulate the security of land tenure without a single-source plan;

(v) The price sector does not establish and adjust the rental of premises as prescribed;

(vi) The relevant units are not provided by law with the income required by this unit, the material of the household, etc., or are not provided by law for the applicant.

Article 43 thirteenth of the real estate development enterprise has not been matched by the agreement of the land for the construction of a security house, which is being responsibly modified by the authorities of more than the communes' housing security authorities, does not approve its new development projects and fines of up to 3,000 yen and may stop the development of the project's pre-sale, registration process.

Article 44 guarantees that construction units are not developed in accordance with guaranteed housing standards, and that the period of time has been changed by the authorities responsible for housing security at the district level, with a fine of up to 30,000 dollars.

Article 42 does not imply that the applicant has concealed or overstated the status of the population, the family, the age, marriage, income, property and housing, or has taken unjustifiable means to apply for the security of the property or the rental subsidy, which is rejected by the authorities of the Government of the Principality, and has fined up to 1,000 dollars, from the date of the rejection of the application for housing security.

The eligible applicants had the above-mentioned violation, which had been dismissed by the authorities of the Government's housing security authorities at the district level and had fined up to 1,000 dollars, since the date of the rejection of the application for their housing security.

Article 46 above of the Government's housing security authorities identify the parties concerned to obtain security or rental subsidies by means of unjustifiable means, such as false leave, bribes, etc., should be removed from the guaranteed rental contract or the lease subsidy agreement, the recovery of housing or subsidy funds, in addition to the legal responsibility under article 15 of this approach, and in accordance with market rental prices for the same region as those of the type of general commodities, the payment of rents or the interest earned on subsidies in the same period.

The applicant has deliberately concealed, falsely or forged information to deceive urban housing security, which constitutes a crime and has criminal responsibility under the law.

Article 47-related units and individuals give false testimony to the applicant for housing security, which is made public by the authorities of housing security at the district level, imposes a fine of more than 50 million dollars for the responsible unit and imposes a fine of up to 2,000 dollars for the principal and direct responsibilities. Crime constituted criminal liability by law.

Article 48 of the right to housing is a violation of article 32 of this scheme by the authorities responsible for housing security at the district level, forfeiture the proceeds of the violation and pay a fine of up to 1,000 dollars, and, in the event of serious circumstances, no request for housing security will be admissible within five years from the date of the sanctions decision.

Article 49, in violation of article 28 of this approach, provides for the unauthorized alteration, reconstruction of homes and their subsidiary facilities, to be warned by the authorities responsible for housing security at the district level and by fines of more than 1,000 dollars.

In violation of article 39 of this approach, it is not in line with the supervision of inspection, which is serious and is removed by the housing security authorities.

Article 50: The housing security authorities and other relevant authorities, the staff of the housing security implementing agency are one of the following acts, either by an exemption authority or by the inspectorate, to be disposed of by law in accordance with the authority of management; and by law, criminal responsibility:

(i) Removal, interception or private housing security funds;

(ii) Toys negligence, favour private fraud and abuse of authority.

Annex VI

The meaning of the following wording of this approach is:

(i) Public rental housing means government-led investments, construction and management, or government-provided policy support, other major investment construction, integrated government management, setting standards for construction and rental levels, and guaranteeing housing hardship for eligible households and new employment workers, rental of local workers.

(ii) Leasing subsidies refer to the Government's payment of cash subsidies to eligible housing security applicants, in accordance with the principle of market rental sequencing subsidies, in order to enhance their capacity to host housing.

Article 52 provides for specific approaches, rotation rules and relevant standards, conditions and conditions, and for more than one year from the date of operation of the scheme, the Government of the people of the district or its housing security authorities shall be established.

The Governments of municipalities and districts may establish rules based on this approach.

Article 54