Administrative Measures For The Construction Of Affordable Housing Projects In Liaoning Province And

Original Language Title: 辽宁省保障性安居工程建设和管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201305/20130500387170.shtml

Administrative measures for the construction of affordable housing projects in Liaoning province and

    (January 14, 2013 11th, Liaoning province, the people's Government of the 65th General Meeting January 23, 2013, No. 277, promulgated by the people's Government of Liaoning province as of March 1, 2013) Chapter I General provisions

    First in order to strengthen the construction of low-income housing projects, specification management of low-income housing projects, solve the housing difficulties of low-income families, according to the relevant regulations of the State and province, combined with the province, these measures are formulated. Second approach applies within the administrative area of low-income housing projects in our province-building and management activities.

    Otherwise provided by laws and regulations, from its provisions.

    Third provincial housing and urban-rural construction administrative departments, municipalities and counties (including County-level cities and districts, the same below) identified by the Government-subsidized housing project management office (hereinafter referred to as housing management sector), is responsible for the construction of affordable housing projects and management in the administrative area.

    Development and reform, fiscal, price, land and resources, civil affairs, public security and taxation departments, within the scope of their respective duties, subsidized housing construction and management.

    The township (town), subdistrict office in accordance with the provisions of the Government rights, responsible for the construction of affordable housing projects and the management of related work.

    Fourth article supportability housing engineering of construction and management, should from I province province love starting, guarantees sex housing coverage reached national provides of standard, meet basic housing need; insisted Government led, and policy support, guide social participation; increased public financial input, play market mechanism role; insisted economic, and applies, and environmental, ensure quality security; insisted distribution process public transparent, distribution results fair just.

    Chapter II plan Fifth of municipal and county governments should be based on urban and rural planning and land-use planning, preparation of the district development plan and the annual implementation plan for low-income housing projects, and incorporated into the national economic and social development plan.

    And reported to the provincial housing project management Department.

    Annual implementation plan as well as the commencement and completion of the project, project name, address, construction methods and construction units, shall be announced to the public in accordance with the relevant provisions.

    Sixth of municipal and Government according to the development plan and the annual implementation plan for low-income housing projects, plan for land supply.

    Added construction land is involved, should be priorities in the annual land use plan, single column index to ensure timely supply.

    Reserve land and recover the right to use State-owned land, shall give priority to low-rent housing, affordable housing, public rental housing, limit housing (hereinafter referred to as affordable housing) building.

    Prohibition of altering the use of land for construction of affordable housing.

    Article seventh low-income housing projects of funds raised in the following ways:

    (A) cities, counties, public finance budget funds;

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

    (C) net income from land transfer of funds in accordance with national arrangements;

    (D) Central and provincial public financial budget of the special purpose grants fund;

    (E) rental income of public rental housing and low-rent housing;

    (F) affordable housing buyers listed exchanges to pay land revenue and other related price;

    (G) the construction of affordable housing finance;

    (H) the Endowment Fund;

    (IX) other ways to raise funds.

    Article eighth of affordable housing funds should be earmarked for the following expenditures:

    (A) the construction of affordable housing projects;

    (B) acquisition for affordable housing other housing;

    (C) implementation of social housing expenditures by monetary subsidies;

    (D) low-rent housing and maintenance and management of public rental housing;

    (E) meet low-income housing projects construction financing of principal and interest;

    (Vi) other expenses provided by laws, rules and regulations.

    Low-income housing projects special management, revenue accounting, earmarking of funds.

    Low-income housing projects fund raising, allocation, use, management and rental payments, and accept supervision by the audit organs and the relevant departments according to law.

    Nineth construction of affordable housing should be given to employment, medical, education and other needs, improve the public transport system and synchronization facilities pursuant to the provisions of public service facilities. Units of affordable housing design type shall comply with the small, functional alignment, good supporting, high quality, safety and reliability requirements, reasonable layout, and scientific uses of space, to meet the basic living functions.

    Encouraged through open tenders, competitions and other selection type design solution.

    Low-rent housing, public rental housing should be provided simple, environmentally-friendly fitting, with conditions.

    Construction of chapter Tenth low-rent housing should be mainly in affordable housing and commodity housing allocation in the community, can build. City and county governments shall, in land-use planning and completion of the land specified in the conditions of return or buy-back by the Government.

    New low-rent housing unit type floor area shall not exceed 50 square meters.

    Encourages the development and construction of real estate development enterprise middle and small family housing society rental. 11th public rental housing construction projects for allocation, transfer, such as the supply of land. City and county governments shall advance requirement upon construction requirements, structures and so on, as a precondition of supply of land.

    Project planning and construction of public rental housing services supporting business facilities management business.

    New commodity housing project, certain proportion of public rental housing should be planning construction, concrete construction and management established by the city and County Government.

    Concentration of development zones and industrial parks of migrant workers shall, in accordance with principles of intensive land use, planning, build units or dormitory-type public rental housing, employer-oriented employment rental or Park. 12th city and county governments should be based on local economic development, people's living standards, housing conditions, family structure, and demographic factors, rational determination of economical and applicable housing construction scale and proportion.

    Affordable housing floor space should be no more than 60 square meters. 13th of municipal, County Government shall prepare a shanty town renovation plans, and formulate implementation plans, reported to the provincial government for approval.

    Shantytown renovation projects within the city and County Government-subsidized housing project development plan. Shantytowns should meet the basic needs of living, respecting the wishes of the people, and requirements in terms of energy, land and environment, promotion of new technologies, new processes, new materials and new equipment.

    Transformation funds appropriate subsidies by the Government, reasonable burden of households.

    14th of municipal, County Government shall, in accordance with relevant regulations of the State, preparation of the renovate planning in rural areas, and renovate rural farmers archives management information system to ensure that household files a timely, comprehensive, accurate recording system.

    15th living in dilapidated buildings in rural areas of separately supply rural wubaohu, rural, rural minimum living standard security margin of policy holders and other poor, rural renovate pilot grants should be included in object (hereinafter referred to as assistance). Subsidy by farmers to voluntarily apply to the villagers ' Committee, the villagers ' meetings or villagers ' representative meetings of democratic appraisal, Township (town) Government after the audit, the County Government approval.

    Grants basic information and the outcome of the review process should be pinning of village affairs. 16th section intends to transform rural buildings throughout the buildings, demolition and reconstruction, partially dangerous, repairs should be reinforced. Reconstructed houses dominated by farmers build farmers ' willingness to build their own difficulties and Tong Jian, the township (town) Government should help farmers choose a qualified construction team modes. Dangerous land border line of rural reform and reconstruction according to the relevant State provisions. In the rehabilitation of dilapidated buildings in rural areas, new rebuilt or repaired reinforced housing floor space should be controlled between 40 to 60 square metres.

    Otherwise provided for by the State, from its provisions. 17th renovate construction in rural areas should be the implementation of rural housing seismic safety requirements.

    In line with farmers ' production and living habits, represent national and local architectural style, heritage and traditional construction methods, technology progress in rural houses. County Government should organize the technical strength and can design-step construction of rural housing programme and related measures.

    The township (town) building administrators should strengthen rural housing design drawing review, and make door-to-door checks on construction process.

    Farmers after reform of housing property farmer-owned, county governments shall organize the relevant departments and approved renovate farmers signed contracts.

    Article 18th low-rent housing, public rental housing, affordable housing and slum, urban infrastructure supporting fees waived and other administrative fees and Government funds.

    Fourth chapter of engineering quality and safety

    19th construction of affordable housing projects, implement the bidding system, project legal person responsibility system, the contract management system and the project supervision system, and comply with statutory building procedures and technical standards.

    Project legal permanent responsibility on the quality of housing construction, and other units involved in accordance with the corresponding responsibility for project quality management.

    Article 20th low-income housing projects participation the parties, shall establish a sound quality management system, in accordance with the laws, regulations and mandatory standards, survey, design, construction, supervision and acceptance.

    Implementation of survey, design, construction, the engineer in charge and project leader responsibility for life.

    21st construction unit should be in a low-income housing project construction site entrances and obvious location, sets engineering quality lifetime responsibility system the public bar, lifelong responsibility of publicity to the public unit, survey design, construction, supervision and detection of legal representative of the enterprise, project manager, Chief Engineer, such as name, title, licensing, etc.

    When the project is completed, the construction unit shall in accordance with the requirement of quality Permanent signage, signage shall include the names, date of completion, as well as construction, survey, design, construction, supervision and organization name and name of the legal representative and the project.
Failing to set shall not be accepted, not for the completion of formalities, shall not be delivered.

    22nd low-income housing construction jobs, construction project managers and project safety management personnel should be employed; supervising units shall establish supervision rules, Chief supervision engineer, professional engineer should be employed to implement side-station supervision.

    Engineering quality supervision institutions, should be in accordance with the affordable housing project for quantitative evaluation of quality assurance system in construction site regulations and quantitative evaluation on a regular basis. Article 23rd unit residential door acceptance shall, in accordance with the relevant regulations and standards, organize door-to-door acceptance of participation units of low-income housing projects, and establish account. Acceptance should include all parts of the project and the engineering quality technical information.

    Engineering quality supervision institutions should check the acceptance system of units results, and checking results.

    Construction organization of low-income housing projects acceptance, acceptance shall provide for expert evaluation system.

    24th city and County construction Administrative Department shall be performed on a monthly basis to low-income housing projects quality checks, checks shall not be less than the local 1/3 of the total works of low-income housing projects; quality of low-income housing projects census once every quarter.

    Provincial housing project management departments, should organize regular quality inspections of low-income housing projects. 25th construction units shall establish and improve the safe production responsibility system, signing safety responsibility.

    Clear Unit Chief, in charge, as well as other practitioners and examination matters such as reward and punishment.

    Construction unit should ensure the implementation of safety management systems, establish safety management files.

    Chapter fifth allocation and operation

    Article 26th city and county governments should be based on local economic and social development level, income, housing status, in accordance with the relevant provisions of national and provincial, reasonable protection of objects and security standards on a regular basis, and shall be announced to the public.

    Department of housing and urban-rural construction administration shall, in conjunction with civil affairs, public security and taxation departments to improve housing security applications, joint reviews, publicity, waiting, review and punishment system. 27th applicant shall truthfully family of affordable housing housing, income and property status and declarations agreed to audit agencies to verify their homes and property, and so on. Audit investigation to verify the applicant's housing and financial assets, vehicles and other property, the institution shall provide convenience. Meet the conditions of each family can only apply for a set of affordable housing.

    Prohibited do not meet the conditions of the family supply of affordable housing.

    28th imposed waiting for Government-subsidized housing distribution system, according to the order, waiting for rental or sale. Audited in compliance with the conditions of the home, city and county governments should arrange for affordable housing within a reasonable waiting period.

    Specific waiting periods and methods determined by the city and County Government and published.

    The distribution of affordable housing availability, allocation and distribution of results of the programme, managed by the Housing Department to the public in a timely manner, be subject to supervision.

    29th public housing applicants on the waiting period, population, family income (assets), housing and other conditions change no longer meet the conditions should be declared to the local city and County Housing Project Management Department, quit waiting.

    30th under any of the following circumstances, priority allocation of waiting can be:

    (A) subsistence family or enjoy life difficult for families of persons with disabilities;

    (B) the elderly;

    (C) family members for key entitled groups or get at and above title of model worker, national heroes;

    (D) meet the requirements of the single parent families;

    (E) other circumstances as stipulated by the State. 31st low-rent housing rental subsidies, by city and county governments according to local economic development level, average rents in the market, guarantees affordability and other factors to determine the objects. Among them, the urban minimum living guarantee for eligible families, according to the local area of low-rent housing standards and the average market rent subsidies.

    Low-rent housing rental subsidy shall be released monthly or quarterly time, ensure that December 25 of each year is completed. Rents of public rental housing, the municipal and County local reality, according to housing market is slightly lower than the same lot rent level determined. Public rental housing tenancy contract period not exceeding 5 years.

    After expiration of the lease the lessee continues to meet the conditions prescribed, you may apply for renewal.

    Low-rent housing, public rental housing tenancy contract shall set forth the rent, lease and operation requirements and so on.

    Articles 32nd to purchase affordable housing for 5 years, buyers can transfer of affordable housing, but shall, as when the same lot ordinary commodity housing and affordable housing post pay to the Government a certain percentage of income, such as price, the proportion paid by the city, the County Government to be decided; the Government priority to repurchase, re-sale to meet the conditions covered by the family.

    Price of commodity housing market trading income adjustment measures, enacted by the city and County Government.

    33rd of municipal and Government housing management information system should be established, improve affordable housing and protect the object files, dynamic object population, housing and family economic situation changes.

    Article 34th affordable housing use shall, in accordance with the relevant provisions and contract with housing shall not lease, sublease, lend, swap, management, transfer of affordable housing, and may not be changed without authorization, decoration or housing purposes and shall not be damaged or destroyed and changing structures and facilities.

    35th low-rent housing, public rental housing tenants economic conditions improved, or through purchase, inheritance, gifts made by way of other housing, no longer meets the conditions for appropriate security object, should be 2 months back.

    Affordable housing purchasers through purchase, inheritance, gifts made by way of other houses, no longer meets the conditions for affordable housing, should quit the affordable housing or pay land revenue, such as the price.

    Article 36th affordable housing communities can combine the household situation, decide to choose the community conditions mode of property management.

    The sixth chapter the supervision and inspection 37th provincial government municipal government-subsidized housing project implementation performance evaluation.

    City and county governments shall regularly check the use of Government-subsidized housing.

    Article 38th province housing project shall, jointly with relevant departments of the province, such as the management, establish and perfect the construction of affordable housing projects and management accountability, did not complete the annual objectives and tasks of administrative liability of those responsible in accordance with the relevant provisions.

    39th housing management Department shall cooperate with the statistical departments, statistical information analysis and dissemination system of building low-income housing projects, review of statistical data in a timely manner, statistical analysis and publication of information.

    40th housing project management reporting system should be established, public telephone, mail or e-mail address to receive reports on low-income housing projects or charges and promptly investigated and dealt with according to law.

    The seventh chapter legal liability

    41st article violates these rules, apply for affordable housing or waiting period, not truthfully family circumstances such as population, housing and property or family situation changes such as population, housing and property, you can't declare, managed by the Housing Department ordered corrective action and can be fined a maximum of between 1000 and 500 Yuan; do not meet the security standards, cancels its waiting for eligibility.

    42nd article violates these rules, obtained by deception or other improper means of affordable housing or rent subsidies, managed by the Housing Department to lift the protection of housing lease, contract of sale or rental subsidy agreement, withdraw affordable housing or subsidies.

    Because the provisions of the preceding paragraph was cancel the rental subsidy, within 5 years from the date of termination of the contract, housing management not to accept applications for its housing security; affordable housing recovery, object removal will not be accepted within 5 years from the date of their application for affordable housing.

    43rd article violates these rules, lease, sublet, lend, swap, management, transfer of affordable housing, without decoration or altering the use of housing, damage, destruction and change the structures and facilities, managed by the Housing Department a rectification, confiscate the illegal income; it refuses in accordance with the relevant regulations or contracts the eviction, and be punished in accordance with the following provisions:

    (A) belong to non-business activities, fined a maximum of between 1000 and 500 Yuan;

    (B) is engaged in activities, has illegally obtained, fines illegal gains 3 times, but shall not exceed a maximum 30,000 yuan; no illegal proceeds, fined a maximum of 3000 Yuan and 10,000 yuan.

    44th article violates these rules, affordable housing tenants within 3 months of the notice you received is not processing into live, managed by the Housing Department canceled its lease eligible leasing social housing remain vacant for more than 6 months in a row without good reason, by the housing administration housing recovery.

    45th in violation of this Regulation shall be retired from affordable housing, from the date it back at market rents to pay rent, and may allow a 3 month grace period; still refuses to withdraw from the expiration of the transition, by the housing administration penalty of between 1000 and 500 Yuan.

    Article 46th housing project management staff in violation of the rules of any of the following acts by the supervisory organ or the appointment and removal shall be given administrative sanctions in accordance with personnel management permission constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) used his position to seek illegitimate interests;

    (B) not to perform their statutory duties;

    (C) discovered violations not investigated;

    (D) other acts of abuse, malpractice, neglect their duties.

    The eighth chapter by-laws
47th low-income housing projects in these measures, refers to urban and rural residents improved basic living conditions and environments, security properties and implementation policy of housing construction, including low-rent housing, affordable housing, public rental housing, price commodity housing and dangerous slum and rural renovation project.

    Low-rent housing, refers to the Government for the housing difficulties of urban low-income families provided rental subsidies or requiring relatively low rents for affordable housing.

    Public rental housing, refers to the qualified construction standards and rent levels, compliance-oriented housing difficulties of urban lower-middle income families, new jobs without workers and stabilize the employment of migrant workers in towns of affordable rental housing.

    Affordable housing, is that the Government provides preferential policies, limited set area and price, in accordance with reasonable standards for construction, the supply of housing difficulties of urban low-income families with welfare policy housing properties.

    Limit housing refers to government bidding, auction and listing selling housing land, limit price, housing set area and target group requirements, access to land by the employer by way of open competition, developed and directed the construction of commodity housing sold. Shantytown, refers to concentrate on even simple structures housing more basis, building density, poor facilities, housing built longer, dysfunction and security highlight the living area.

    Including urban shanty towns, State-owned industrial and mining shanty town, forestry shantytown, State-owned buildings in Heilongjiang reclamation region, and the Central delegation of local coal mining shanty town.

    Rural, and refers to serious damage or risk of bearing structures in the countryside, and may lose their stability and loading capacity, cannot guarantee the lives and safety of dangerous housing. 48th article of the rules take effect on March 1, 2013.