Guangdong Province Urban Housing Safeguards

Original Language Title: 广东省城镇住房保障办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201305/20130500387230.shtml

Guangdong Province urban housing safeguards

    (11th session of the people's Government of Guangdong Province, January 14, 2013 110th general meeting January 29, 2013 181th promulgated by the people's Government of Guangdong Province as of May 1, 2013) Chapter I General provisions

    The first in order to establish and improve urban housing security system, protect the basic housing needs of the housing difficulties of urban residents, according to the People's Republic of China on urban real estate administration law and other relevant laws and regulations, combined with the facts of the province, these measures are formulated.

    Article II of this regulation is applicable in the province within the administrative area of urban housing security planning, implementation, and supervision and management.

    Article housing guarantee shall follow the Government-led, community participation, to be built, appropriate security, principles of openness, fairness and justice.

    Fourth housing guarantee mentioned in these measures refers to the housing difficulties of the qualified families or individuals applying for affordable housing rental (hereinafter referred to as affordable housing) or receiving housing rental subsidies to meet their basic living needs. Fifth of housing is an important duty of Governments at all levels.

    Provincial, municipal, district (County) Government unified leadership, organization and coordination of the housing support.

    Housing security departments above the county level people's Government responsible for the administration of urban housing security in organization and implementation, supervision and control and to guide and coordinate the work, establish and perfect the application systems, audits, waiting, exiting.

    Development and reform, public security, civil affairs, finance, social security, land and natural resources, price, finance and other relevant departments according to their respective duties, assistance in housing.

    Street or town Governments, and community residents ' Committee shall assist the departments and agencies concerned, urban housing security related work. Sixth city and County could set up House Security Committee, members from the Government sector, NPC deputies and CPPCC members, experts, scholars, representatives of the people, personnel, exercising the right to housing decisions.

    Specific duties shall be prescribed by the Statute of the Commission. Seventh city and county-level Governments can set up or clear housing guarantee implementing body, may also entrust the social organization or services purchased from the market.

    Relates to engineering contract awarding and contracting, purchasing of goods, shall comply with the People's Republic of China bidding law and the People's Republic of China Government procurement law and other laws and regulations.

    Housing enforcement agencies undertake the following within their respective administrative areas urban housing security services:

    (A) the housing demand survey, analysis, and statistics;

    (B) housing application of audit;

    (C) selection, affordable housing to recall and repurchase and rental subsidy grant, adjusted, terminates execution of the transaction;

    (D) the operation, management and maintenance of affordable housing;

    (E) affordable housing occupancy, exit, and the use of registration and inspection;

    (F) establishing and perfecting the housing guarantee service network;

    (G) other matters relating to housing.

    Planning and construction of chapter

    The eighth city and County urban residents ' housing condition surveys should be organized on a regular basis, in accordance with economic and social development levels and housing needs, prepare housing plans and annual plans.

    Housing security plan should be clear housing targets, the overall requirements, construction and the serving size, land and financial arrangements, planning implementation measures and mechanisms of content shall conform to General land use planning and urban and rural planning, and incorporated into the national economic and social development plan.

    Housing housing guarantee fund within the annual plan should explicitly plan the annual arrangements, land for affordable housing arrangement, projects, supply location, the building size and major policy initiatives, such as the content.

    Nineth of municipal and County based on housing needs should be the establishment of housing security of land reserve system and ensure that the supply of land. Urban and rural planning, Department of urban and rural planning should be explicitly guaranteed room layout. Land and resource administration in conjunction with the Housing Department on the basis of urban and rural planning and land-use planning, preparation of housing land reserve planning, clear concrete blocks for the construction of affordable housing.

    On the premise of urban planning control, affordable housing land can be higher volume rates. City and County land and resources departments to produce housing land supply plans, land supply for affordable housing should be planned separately.

    Which require the use of land for new construction, added in release by city and County construction land use plan indicators in the single row, land supply for affordable housing schemes should be dovetailed with the annual land supply plans, land supply and land use not be changed without going through statutory procedures.

    Tenth people's Governments above the county level should be established with housing demand funding mechanisms, housing funds and housing funds into the budget.

    The people's Governments above the county level may raise housing funds in accordance with the following channels:

    (A) Central and provincial special grant funds;

    (B) the local budget funds for the financial year;

    (C) loan-risk provisions and housing Provident Fund management expenses the incremental benefit of balance;

    (D) the extraction of land transfer income 10% more in funding each year;

    (E) through innovative ways of investment and financing and fund loans to raise funds;

    (F) rent recovery funds for affordable housing and related infrastructure;

    (VII) in accordance with State regulations to issue special bonds for enterprises;

    (H) social donation funds;

    (IX) could be incorporated into other funds.

    11th people's Governments above the county level shall strengthen housing assurance policy for research, innovation and investment model, encourage social funds and social organizations to participate in the construction of affordable housing. Encourage banking institutions housing guarantee medium-and long-term loans, encouraging insurance institutions to participate in insurance and re-insurance of the construction project.

    Encourage all types of financial institutions, to support eligible enterprises to issue bonds to raise funds, earmarked for construction and operation of affordable housing.

    12th source of affordable housing, including:

    (A) Government-invested construction, purchase, lease or recall and repurchase in accordance with law, the confiscation of houses;

    (B) building, commissioned by the Government or other organizations supporting the construction of houses, businesses or other organizations in accordance with the Government agreed to construct and complete the construction of housing;

    (C) self-construction of housing units;

    (D) industrial parks focused on supporting the construction of housing;

    (E) the community grant Government housing;

    (Vi) other ways to raise housing.

    13th centralized building affordable housing and supporting building combined.

    Construction of commercial housing and affordable housing, land and resources departments should be made clear in a construction project land conditions supporting the construction of affordable housing a total construction area of and share's land area, building area, and the number, proportion, construction standards, housing ownership issues, and agreed in the land transfer contract. Construction of affordable housing and housing support, which should include planning, design, construction, and delivery. Staged construction of commercial housing, affordable housing and construction of the first phase of the housing at the same time and should be delivered.

    Completion should be carried out against the land transfer contract acceptance.

    14th housing enforcement agencies should be announced to the social construction of affordable housing project site location, planning, design and facilities, and to solicit public comment.

    15th social housing project development and construction, shall conform to the construction program, strict enforcement of housing construction standards as well as the construction quality and safety standards, energy saving and environmental protection, and in accordance with the requirements of urban planning construction of supporting road transport, schools, hospitals, infrastructure, public services and sports facilities and commercial services, delivered in the same period. 16th provincial housing and urban-rural construction departments shall, in accordance with the relevant national standards and technical specifications, development of housing related construction standards.

    Encourages the development and construction of affordable housing projects, such as water and energy saving devices, as well as water recycling technology, solar energy and other renewable energy.

    City and County Housing Authority shall, in accordance with the provincial housing and urban-rural development Department of the local standards of social housing construction, determines the affordable housing project construction area, sets standards of architecture, interior decoration and facilities. 17th new housing before delivery, the construction unit shall, in accordance with environmental protection, energy saving, economical and applicable principles of complete interior decoration.

    Otherwise raise housing prior to the rental, shall be referred to the new affordable housing standards for interior repairs accordingly.

    Chapter III application and waiting

    18th rental housing or receive a rental subsidy shall be subject to the following conditions:

    (A) the provisions in local housing or housing below standards;

    (B) the income and property below the required standards.

    Applicants for long-distance migrants, in local employment reached the prescribed number.

    Specific standards by the municipal and County Housing Authority determined according to the actual situation of the region, adjusted on a regular basis, the people's Governments at the corresponding level for approval, and to the public. 19th housing by applicants to the residence or employment is located street or town Governments to apply.

    Industrial parks of various types of offsite workers by the unified report.

    20th written proof housing guarantees the applicant shall submit the following materials:

    (A) family members and their residency status;

    (B) income;

    (C) housing, money and other property;

    (D) the Housing Department of other materials. The applicant is responsible for the authenticity of the application materials.

    As required by the relevant organizations or individuals certifying materials, relevant units and individuals shall be issued, and responsible for the authenticity of the material.

    Article 21st housing application, street or town government where the residence or employment by the applicant inadmissible and the trial, upon implementation of the Housing Authority under the home, and other relevant departments, after reexamination, city and County Housing Authority audit. 22nd Housing Authority and implementing agency through household surveys, neighbourhood visits, letters, certificates, information verification, such as, income of the applicant and his family members, vehicles, deposits, securities and other property were investigated for verification.

    Public security, banking, securities, land, housing, taxation, industry and commerce sectors in accordance with their respective responsibilities, housing security departments according to law and enforcement issued by the applicant-related property. 23rd housing application of audit results by the accepting the street or town Governments and housing enforcement agencies, in the workplace and through the portal be publicized, public notice period of not less than 20th. Publicity, publicity disagrees with the content of units and individuals, should be made in writing.

    Street or town Governments, housing security, implementing agency shall verify the objection, and to publish the results of verification.

    Refused to cooperate with the review, review failed or because of publicity within the opposition confirmed established, implemented by street or town Governments and housing agencies returned to the application and state the reason in writing. 24th city and County Housing Authority waiting rules should be developed, executed after the approval of the municipal and county governments. Housing enforcement agencies shall establish a waiting list for housing, eligible applicants in accordance with the waiting list rules, included in the waiting list waiting, and waiting for information on the local government Web site.

    The waiting time normally last for 3 years, maximum of 5 years. Waiting for State pension benefits on a regular basis in the object of special care and objects, such as orphans, the sick person should give priority to households in accordance with regulations, giving priority to social housing.

    Reduced mobility, including persons with disabilities, the elderly enjoy preferred access to convenient and lower floors guarantees the right to housing.

    Individual residential tax by law and to be expropriated in accordance with housing conditions, not limited by waiting, make housing decision is imposed by city and county governments should give priority to housing security.

    Unit construction, industrial parks focused on supporting the construction of affordable housing, construction units and industrial park internal security object has priority rights. 25th during the waiting period, family members and the household, income, property and housing situations change, housing security implementing agencies should take the initiative to declare the applicant.

    Applicant change no longer meet the required conditions, housing enforcement agencies should cancel its waiting for eligibility, and notify. Waiting for more than a certain period, housing enforcement agencies review shall, whether the applicant meets the prescribed conditions, shall cooperate with the applicant.

    Upon examination, the applicant continues to meet the required conditions, its original waiting order unchanged.

    26th on the waiting list in place of the applicant in providing selected within the affordable housing, according to rule selected to protect waiting room choices, then waiting, applicants by followed by which they were elected.

    27th applicant selected or select specific housing rental subsidies, shall, within the prescribed period of time, and housing guarantee the implementation of agreements signed lease or rent affordable housing subsidies, specify the rights and obligations of both parties. Refusal of the applicant, fails to sign the leasing contract or lease of the subsidies agreement, deemed abandoned housing rights.

    To apply again should wait.

    The fourth chapter management and supervision

    28th security housing and their subsidiary facilities, common parts, common facilities operations and maintenance, borne by the lessor.

    Without consent of the Department of housing and urban-rural planning, the lessee may be supplemented, alteration, reconstruction of housing and ancillary facilities.

    Government investment in building affordable housing community of property services, implemented by the housing sector led employment of public property services companies to provide service.

    29th housing rentals to Government pricing or Government guidance prices, specific standards by the municipal and County price administrative departments of housing security departments, after approved by the people's Governments at the same level.

    Housing rents and prices should be based on local social and economic development, price changes and housing security level adjustments at the right time. Article 30th objects eligible for low-income housing in accordance with the principle of subsidiarity, upon application by the Government rent subsidies.

    Protect objects receive a rental subsidy may apply for public rental housing provided by the Government to lease, or by market rental housing or make full use of existing housing resources, inter alia, to meet the basic living requirements.

    Standard protection per capita floor space rental subsidies, family size, subsidies, income levels, and other factors determine and implement dynamic management.

    Subsidies for low-income conditions and specific measures determined by the city and county governments.

    31st protection room shall live, may not be transferred, leased, idle, loan, or mortgage.

    32nd housing security of the object any of the following circumstances, it shall pay the penalty in accordance with the contract, implementation of housing security agencies shall, in accordance with the contract or legal situation, rescind the contract and recover the housing:

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

    (B) without justification for 2 consecutive months or accumulated for more than 6 months unpaid rent;

    (C) unauthorized Exchange, loan, rent or mortgage housing;

    (D) security room for business purposes or changing the function;

    (E) intentionally or due to gross negligence, rental housing caused severe damage;

    (F) deposits, equity funds and other assets worth more than the amount specified or approved no longer meets the conditions for protection;

    (G) laws, regulations, or other illegal or breach of contract. Article 33rd term of the leasing contract for the 3-5 years.

    Eligible may apply for renewal of the lease term expires.

    Affordable housing rental contract or lease needed the expiration and renewal of the subsidies agreement, previous renewal application the applicant shall at the expiration of 3 months, implementation of housing security agencies after the audit should be publicized, public not later than 20th.

    Approved publicity without objection or objections, but verified to not set up, the applicant may sign a lease or rental subsidy agreement should be renewed.

    Audited do not meet the conditions, implementation of housing security agencies should be in the original lease contract or rent subsidies date of expiry of the term of the agreement, withdraw affordable housing rental subsidies or stop.

    Article 34th housing enforcement agencies should regularly check the applicants ' situation, to no longer meet the conditions for protection, recovery affordable housing rental subsidies or stop and go through the relevant formalities.

    35th affordable housing was recovered, families or individuals of the original rental housing, shall receive termination or termination notice within 30th of relocation, and go through the relevant formalities. Justified as scheduled relocation, you can apply for a maximum of 6 months of residence.

    Extended period, according to the same area of the same type of housing rent market rent.

    Without due cause fails to move, implementing agency shall order that the relocation of housing security, has refused to implement, may apply to a court for mandatory enforcement according to law, and in accordance with the same area of the same type twice times the rent of the rental housing market.

    36th people's Governments above the county level shall open housing guarantee plan, plans, implementation, funding, land index, manage, use and protect objects and so on.

    37th people's Governments above the county level housing authority housing guarantee system should be established, documented and open planning, affordable housing construction, auditing, information on waiting; recording and publicity law, breach of contract, and the parties concerned, both public content shall inform the parties of their subordinate units and credit reporting agencies.

    Platform for public security, civil affairs, social security, financial and other information should establish information sharing mechanism with urban housing security system.

    38th city and County Housing Authority housing guarantee file management should be strengthened, build affordable housing project and housing the archives, detailed record of the applicant, auditing, publicity, waiting, rent, distribution contracts, housing, replacement, renewal and withdrawal and related breach of trust, discipline, punishment, and so on.

    39th higher people's Governments shall establish for lower level people's Governments housing guarantee implementation of supervision and assessment system.

    Housing guarantee the people's Governments above the county level authorities and implementing agencies should be strengthened to protect the objects of housing security comply with the housing laws, rules and regulations in respect of supervision and inspection.

    Housing authorities and housing security enforcement agencies conducting supervision and inspection, and the right to take the following measures:

    (A) inquiries and verification units and individuals related to the matter, and asked for verification of matters related to description, provide relevant information;

    (B) shall check the housing situation;

    (Iii) access, record, copy protection of objects and information related to the work of housing security, understanding of protection for household members, household incomes and property status;

    (Iv) for violations of housing-related laws and regulations be suppression of the Act and the regulations and shall be ordered to correct.

    Relevant units and individuals shall coordinate with the supervision and inspection, truthfully provide information relevant to the housing.

    Housing authorities, housing security, implementing agencies and their staff, to the work of a citizen's personal information shall be kept confidential, but should be publicized personal information except in accordance with regulations.

    40th housing authorities and other competent authorities, implementation of housing security agencies and their staff member's terms of reference shall be subject to supervision by the community and the citizens. Housing security departments shall open complaints or information channels and means.

    Reports, complaints received, it shall be verified, processed in a timely manner.

    The fifth chapter legal liability

    41st housing security departments above the county level people's Government, housing security implementation bodies, town or neighborhood offices, one of the following circumstances, by the people's Governments at the corresponding level, or the relevant authorities, the higher people's Government Housing Department ordered corrective action and give notice of criticism and main head and persons directly responsible shall be investigated for criminal responsibility:

    (A) failing to prepare housing plans and annual plans;

    (B) failing to publicize the conditions of applying for affordable housing income criteria and housing standards;

    (C) failing to meet the required conditions of the applicants to provide affordable housing, housing rental subsidies;

    (D) failing public housing security information, build affordable housing and housing construction project archive objects archive;

    (E) provide protection to an applicant who does not meet the required conditions, housing rental subsidies;

    (Vi) without changing the standard housing area, decoration standard, rent, rental subsidy standard or form of housing security;

    (VII) found object acts in violation of these rules, is not investigated or upon receipt of the report not dealt with according to law;

    (VIII) failing to perform the other duties as provided herein.

    42nd competent Department of people's Governments at above county level shall have any of the following circumstances, the people's Government of the people's Governments at the corresponding level or by the relevant Department in charge shall command a correction, criticized, and main head and persons directly responsible shall be investigated for criminal responsibility:

    (A) development and reform Department of housing security plan has not been incorporated into the national economic and social development plan;

    (B) to support construction of building affordable housing, land and resources administration and housing authorities are not construction units, building standards, with the repurchase price, recovery condition elements into land allocation decision and the contract of assignment of the right to use construction land;

    (C) the financial sector does not provide for housing funding for, the use of regulation;

    (D) land and resource administration failed to separate plans for affordable housing, affordable housing land use is not regulated;

    (E) prices Department of not complying with the regulations, adjusting housing rent;

    (F) units have not been issued in accordance with the regulations required by the issue of income, proof of household materials, or failing to provide relevant information.

    43rd real estate development enterprises is not in accordance with the land grant contracts supporting the construction of affordable housing, housing security departments above the county level people's Government a rectification shall not be approved for new development projects, and to a fine of less than 30,000 yuan and 100,000 yuan, and stop the development of project real estate sale, registration procedures.

    44th developed affordable housing affordable housing units is not standard development and construction of affordable housing projects, housing security departments above the county level people's Government a rectification, and a fine of 30,000 yuan and 100,000 yuan.

    Concealment or misrepresentation 45th article does not meet the conditions of the applicant population, household, age, marital status, income, property and housing conditions, or improper methods, applying for affordable housing or rent subsidies, housing security departments above the county level people's Government rejected the application, and a 1000 Yuan fine, reject the application inadmissible for 10 years from the date of its housing security applications.

    Eligible applicant of such offences, housing security departments above the county level people's Government rejected his application, and a 1000 Yuan fine, within 3 years from the date on which the application was rejected not to accept applications for its housing security.

    46th article County above government housing guarantees competent sector identified about party to fraud, and bribery, not due means gets guarantees room or rental subsidies of, should lifted guarantees room rental contract or rental subsidies agreement, recovered guarantees room or subsidies funds, except according to this approach 45th article of provides held legal responsibility outside, and according to earlier with regional with type general housing of market rental price, fill received rent or according to Bank earlier loan interest rate fill received subsidies funds of interest.

    Applicant intentionally concealed, false or forged information about obtaining housing guarantee as to constitute a crime, criminal responsibility shall be investigated according to law. 47th units and individuals for housing applicants proof of false material, housing security departments be publicized by the people's Governments above the county level, the unit in charge shall be fined a maximum of 20,000 yuan more than 50,000 yuan, and the main charge directly responsible and fined 2000 Yuan and 5,000 yuan fine.

    Constitute a crime, criminal responsibility shall be investigated according to law.

    48th House security objects in violation of the provisions of article 32nd, housing security departments above the county level people's Government ordered corrective action and confiscate the illegal income, and fined a maximum of 1000 Yuan and in serious cases, within 5 years from the date on which the decision is no longer accepting applications for its housing security.

    49th objects in violation of the provisions in article 28th of housing security, unauthorized alteration, reconstruction of housing and ancillary facilities, housing security departments above the county level people's Government a rectification, with a warning and fined a maximum of between 1000 and 500 Yuan RMB.

    Disobey the 39th article, do not fit in the supervision and inspection, in serious cases, by the Housing Authority to cancel its housing security qualifications.

    50th housing authorities and other relevant authorities, housing security agency staff in place for one of the following acts, by appointment and removal or organs in accordance with administrative privileges shall be subject to punishment constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) misappropriation, interception or dividing up housing guarantee fund;

    (B) negligence, malpractice and abuse their powers.

    The sixth chapter supplementary articles

    51st the following terms shall have the meanings herein are:

    (A) public rental housing, is run by a Government-led investment, construction and management, or policy by the Government support, other types of investment construction, government management, qualified construction standards and levels to eligible housing families in new job employees, remote workers and social housing for rent.

    (B) rental subsidy, refers to the Government in accordance with the principles of market rent subsidies and cash subsidies to eligible housing applicants, in order to enhance their ability to rent housing.

    52nd required herein to formulate specific measures, waiting rules and regulatory standards, conditions of above county level Governments or the Housing Authority shall develop within 1 year from the date of implementation of this approach.

    53rd by city and county governments can formulate rules for its implementation of these measures. 54th these measures shall come into force on May 1, 2013.