Shantou Special Economic Zone, Public Rental Guarantees

Original Language Title: 汕头经济特区公租房保障办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201210/20121000377310.shtml

Shantou special economic zone, public rental guarantees

    (July 18, 2012 13th Executive meeting 13th district, Shantou city people's Government on July 30, 2012, Shantou City Government released 141th come into force on September 1, 2012) Chapter I General provisions

    First to establish in public housing (including public rental housing and low-rent housing, the same below) as the main guarantee of housing security system, regulating public rental housing management to ensure equitable distribution, according to the relevant regulations of the State, province, combined with the Shantou special economic zone (hereinafter referred to as the SAR) actually, these measures are formulated.

    Article within the scope of the special zone of public housing planning, preparation, distribution, use, withdrawal and regulatory activities, these measures shall apply.

    Third public housing to protect follow the Government-led, social involvement, marketing, design, step by step, coordinate development, classification, security, openness, fairness, principle of strict supervision.

    Fourth of municipal, district (County) Government unified leadership, organization and coordination of public rental housing support.

    Fifth of municipal real estate administration, housing authorities are responsible for the SAR, as public housing management work, district (County) of housing security departments responsible for public rental housing to protect the administrative management; municipal, district (County) Government established housing enforcement agencies, implemented by the Housing Authority public housing management work.

    Development and reform, civil affairs, population and family planning, statistics, prices, land, rural and urban planning, housing and urban-rural development, public security, supervision, finance, human resources and social security and tax authorities, according to their respective duties, good management of public rental housing-related work.

    Town (Street) in accordance with this regulation are responsible for public housing application inadmissible, the trial and so on.

    Chapter II planning, construction and raise Sixth of municipal, district (County) Government organizations public rental housing protection plan and the annual implementation plan.

    Public rental housing protection planning should be incorporated into the national economic and social development plan and clear objectives and tasks, General requirements, and the development of supply size, land and financial arrangements, planning as well as implementation measures and mechanisms; construction of the annual implementation plan shall specify financial arrangements, land index objects of the size, distribution, supply, security, measures, and so on. Seventh of municipal, district (County) people's Government shall, in accordance with demand for housing land reserve system in the establishment of housing security, ensure that the supply of land.

    Include land reserves of land for public rental housing, land property not be changed without going through statutory procedures.

    Eighth land supply for public rental housing scheme should be dovetailed with the annual land transfer plans.

    Departments in charge of land at the time of preparation of the housing land supply plan, land for public housing construction should be total, land supply planning and new construction land index column, which required new construction area and indicators, issued a specification to ensure that. Nineth government investment construction of public housing projects, the allocation of building land supply.

    Social investment construction of public housing projects, use of the land, can take the paid use of way of selling, leasing, priced shares; leasing, you can pay land rents by year.

    Tenth new public rental housing should meet basic living needs, economic, environmental protection and energy-saving construction, can be a separate flat, or is the dorm-type housing.

    Complete housing for single construction area of about 40 square meters, and maximum may not exceed 60 m; to dormitory-type housing construction of public housing should be implementing national code for design of dormitory.

    11th build public housing projects, should fully consider the tenants object to transportation, employment, schooling, health care and other basic needs, arranging the layout.

    12th focuses on building public housing projects should be equipped with business facilities and garage parking spaces, commercial services and garage parking space construction shall conform to the project area with the controlled detailed planning, planning, and the technical specifications.

    13th public rental housing construction projects invested by the Government following the Government Organization, the principle of operation of the market, by housing authorities or assume control of construction of affordable housing in State-owned enterprises designated by the Government organizations, can also take the form of tender to select legal organizations.

    14th social investment of public rental housing construction projects should meet protection plan and the annual implementation plan, development and reform authorities at the time of approval, shall solicit opinions housing security departments at the same level, grant project, project approval CC housing security departments at the same level. 15th ordinary commodity housing project residential plan shall not be less than the percentage distribution of the total floor area of 5% construction or subscribe for public rental housing, with construction or purchase of social housing property right owned by the Government, free transfer to housing authorities; for construction or land to buy public rental housing revenue and other related benefits, can be counted as government investment.

    Town and country planning, land Department in building projects such as land condition and transfer contract, which definitely total construction or purchase of social housing construction area, single set of floor space, number, proportion, construction standards, the Housing Authority, upon completion, free transfer, breach of contract and other matters.

    Ordinary commodity housing project construction of public housing should be unified with project planning, synchronization-building, supporting, and synchronized delivery.

    "The old town, the old village, the old factory" project construction or with subscription management of public rental housing, in accordance with the relevant provisions of the provincial and municipal.

    16th concentration of migrant workers, the Government of development zones and industrial parks focused on the construction of public rental housing, management could be transferred to the employer after completion.

    Encourage social forces in the migrant worker set development zones and industrial parks in accordance with the planning and construction of the dormitory. Article 17th public housing construction to implement "who invests, all" principle, and real estate ownership certificate and in the register specified in public housing properties owned in common, you should indicate the total share.

    Government investment to build public rental housing security departments at the same level as the registration of property rights.

    Social investment and construction of social housing on the premise of not changing the nature of public rental housing, sale and the mortgage, but not split, split transfer and splitting the right mortgage.

    Chapter funds and preferential policies

    18th to build public housing funding sources include:

    (A) the Central, province of special purpose grants funds;

    (B) the financial budget funds;

    (C) the land transfer revenue or percentage arrangement pursuant to the provisions in the land transfer revenue funding (budget funding arrangements can improve proportion);

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

    (E) funds raised by way of investment and financing;

    (Vi) public housing and public rental housing construction for commercial service facilities and parking garage rental income or income;

    (G) issuing special bonds of enterprises;

    (H) social donation funds;

    (I) the law could be used to raise public housing construction, other funds.

    Municipal, district (County) people can be injected through the capital, investment grants, subsidized loans, rent subsidies, BOT and other forms of support social forces to participate in the establishment and management of public rental housing.

    19th of municipal, district (County) Government public housing funds should be included in the budget and annual implementation plan in full and on time arrangement of the public housing funds.

    20th Government raise public housing funds should be earmarked, for use in new construction, alterations, purchase and leasing such as public rental housing and rental subsidies granted. Article 21st public housing rent sale only in principle, but outside the number of tasks and supply for public rental housing units that can be sold, but may not change the nature of its affordable housing, use.

    Specific measures shall be prescribed separately by the municipal people's Government. Public housing projects and distribution of commercial services and garage parking spaces are available to rent or sale.

    Business investment and construction of service facilities and garage parking spaces belonging to the Government, sold through the Government's public bid, auction the real estate transaction market.

    22nd government investment to build public housing and construction business with services and garage parking spaces, all of its rental income and sales income paid into the State Treasury at the same level, the implementation of "two lines of income and expenditure" management.

    Article 23rd public rental housing construction and operation, in accordance with national, provincial and municipal regulations, enjoy tax concessions.

    And the fourth chapter coverage applications, review

    24th the Government investment to build public housing classification protection in accordance with the following provisions:

    (A) municipal government investment to build public housing for protection, Jinping district longhu and within the eligible housing difficulties of urban low-income families;

    (B) the Jinping district, longhu district people's Government investment construction of public housing to secure qualified new employment within their respective administrative areas without workers and migrant workers;

    (C) the haojiang area, chenghai, Chaoyang District, chaonan district and Nan ' ao County people's Government investment construction of public housing to protect eligible within the administrative area, the housing difficulties of urban low-income families, new jobs without workers and migrant workers.

    The district (County) Government within the administrative area of investment to build public housing to meet the demand for public rental housing to protect a shortfall, city housing security departments can unify the deployment.

    25th social investment to build public housing, mainly used to secure the unit housing difficulties eligible families homeless workers and migrant workers, new employment; social force in the migrant worker set development zones and industrial parks to build public housing, to support development zones and industrial parks in line with conditions of migrant workers.

    26th housing security departments of development and reform, finance, civil affairs departments and housing enforcement agencies, identified this investment to build public rental housing guaranteed income, property standards, housing standards (hereinafter referred to as access standards), reported to the people's Governments at the corresponding level for approval, in the first quarter of the year to the public execution.
Social investment construction of public housing to protect objects in access standards, reference to the provisions of the first paragraph of this article by the lessor sets, local housing authorities for the record.

    27th to apply for public rental housing to families as basic units, composed of families applying for one family member has full civil capacity as applicant has legal support, maintenance or support personnel of the relationship and live together as joint applicants; singletons, as the applicant.

    Applicants can only apply for rent a public housing.

    Article 28th of the following circumstances shall not apply for public housing:

    (A) applying for public rental guarantee within the first 5 years of buying or selling real estate in the month, but due to natural disasters, disease, domestic distress causes household income cannot maintain normal life except to sell real estate;

    (B) are other housing policies;

    (C) violation of family planning regulations and has not been accepted;

    (D) the other circumstances of the public housing policy.

    29th applying for public rental housing in accordance with the following provisions:

    (A) apply for government investment to build public rental housing applicants belonging to the housing difficulties of urban low-income families, the household is located town (streets), belonging to new jobs without workers, migrant workers, collection centrally by the unit to which the unit is located town (Street) is proposed;

    (B) applications for social investment to build public housing, can be individually or centrally by the unit to which the collection is made to the lessor.

    Article 30th to apply for public rental housing should provide the following materials:

    (A) the application;

    (B) the family member identification cards, household registration or some other proof of residence;

    (C) the household income and household property status certificates;

    (D) the housing situation to prove;

    (E) the status of family planning;

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

    In accordance with the provisions required by the relevant organizations or individuals certifying materials, units or individuals shall be issued, and responsible for the authenticity of the material. 31st municipal people's Government investment to build public rental housing the regular applications, centralized auditing procedures.

    Each year, the applicant shall apply to the period from April 1 to May 31 and October 1 to November 30.

    Town (Street), the Housing Authority should be centralized auditing in accordance with the following procedure:

    (A) town (Street) from the expiration of the period of 40 days from the date of filing, family income and family status of the property of the applicant, the housing situation, family planning and other compliance criteria audit; inconsistent residence and domicile of the applicant, residence town (Street) should cooperate with the investigation and verification.

    Audited in accordance with the conditions, proposed preliminary review opinions and at the residence of the 5th community public the applicant, publicity without objection or verify an objection does not stand, trial observations and application materials are reported to the district housing authorities; do not meet the conditions, inform the applicant in writing and state the reasons.

    (B) the Housing Authority from the date of expiry of the trial period in the 30th, in conjunction with the sector such as civil affairs, population and family planning review, the review of compliance with conditions, review comments and submitted together with the application material submitted to municipal housing authorities; do not meet the conditions, inform the applicant in writing and state the reasons. (Three) city housing guarantees competent sector since review during expires of day up 80 days, municipal development and reform, and monitored, and home, and financial, and housing and urban and rural construction, and population and family planning, sector for audit, by audit meet conditions of, through Shantou daily be publicity, and in this units website publicity 15th, publicity no objections or by verified objections not established of, be approved registration; not meet conditions of, written notification District Housing guarantees competent sector,

    Town government by their organization (Street) notify the applicant in writing and state the reasons.

    The applicant disagrees with the audit results, from the date of receipt of the audit results to the city housing security departments to apply for a review within the 5th; the city housing security authorities shall, jointly with relevant departments to undertake the review, inform the applicant in writing and will review the results in the 20th.

    Article 32nd district (County) Government investment to build public housing applications, audit procedures, by the district (County) Government enacted City Housing Authority records. Application to rent social investment to build public housing, the lessor shall, in accordance with the provisions of the second paragraph of article 26th audit access standards, audit results in the applicant's work unit public on 5th, publicity without objection or verify an objection does not stand, be approved and registered by the lessor; review does not meet the criteria, by the lessor notifies the applicant in writing and state the reasons.

    Lessor registration, leasing should be reported to the Housing Department for the record. Article 33rd housing authorities, housing security, implementing agencies, the town (Street) through household surveys, neighbourhood visits, letters, certificates, information verification, on the household income of the applicant and the family property, family members, housing, planning, investigation and verification.

    Land, public security, population and family planning departments and banks, securities and other relevant certificates issued by the institutions shall, in accordance with their respective responsibilities.

    Article 34th housing security departments shall be approved and registered by the applicant establishing waiting and waiting for protection, waiting for information at the same level people's Government Portal site or the Web site.

    Waiting for protection of specific measures shall be drawn up by the Housing Authority, and reported to the people's Governments at the corresponding level for approval the implementation.

    35th as approved and registered by the applicant, whose house was imposed by law, is not subject to the waiting limit, priority allocation allowances of the members of his family, 65 years old, the disabled, seriously ill people and excellent migrant worker, waiting in the same priority in the allocation of public rental housing.

    Article 36th housing security departments found that the applicant in the application for or the waiting period, their family income and family property, family members, housing, planning, situation changes, shall re-examine an applicant's eligibility requirements, adjust the waiting order the applicant no longer meets the eligibility for protection, should be disqualified and shall inform.

    37th apply for lessees of government investment to build public housing and approved the registration of the applicant, whose family per capita income of less than 1.5 times the subsistence line, during the waiting period, rental subsidies can be adopted by the Department of housing to solve the housing problem.

    Rental subsidies, subsidies, extend the scope of the object methods, formulated by the Housing Authority in conjunction with the financial sector, and reported to the people's Governments at the corresponding level for approval the implementation.

    The fifth chapter assigned public rental and management Article 38th of assigned rental public housing areas should correspond to the number of the applicant's family.

    Complete sets of public housing rent distribution area in accordance with per capita housing floor space of 10 square meters more than 15 square meters of assigned public rental, rent dormitory-type housing distribution area in accordance with per capita housing floor space of not less than 5 square meters equipped with rental.

    Municipal, district (County) Government based on the level of economic development, the per capita housing conditions and the supply and demand factors such as population, family, and appropriately adjust the distribution of public housing rental area. 39th waiting to approved and registered objects, housing Protection Department rent distribution programme, in accordance with the waiting list rules or by lottery, lottery and other openly identified with rent and the rent order.

    Distribution sort rent object and the rent should be open to the public.

    Housing Authority public housing distribution 30th will be assigned public rental tenants results published in the journal of Shantou, and the people's Governments at the corresponding level portal or the website.

    Social investment to build public housing set by the lessor assigned public rental scheme and 15th days of each assigned public rental will be assigned public rental scheme and results of assigned public rental housing security departments.

    40th as approved and registered by the applicants on the waiting list in place but to give up choice, should give a written statement, wait, by followed by which they were elected. 41st rental public housing, tenant lease contract shall be signed with the lessor in writing.

    Lease contract shall set forth the housing location, area, structure, facilities and equipment, uses and requirements, rental security deposit amount and related provisions, rents and payment, the term of the lease, property management services, water, electricity, gas and other costs associated with the responsibility for the payment of housing maintenance responsibility, stop leasing and withdrawing from the case, breach of contract and dispute resolution, and so on.

    Public housing rental contract for a period of 3 years, eligible may apply for renewal of the lease term expires.

    42nd article without good reason not to sign public housing tenant lease contracts, does not check in at the specified time, deemed to have waived this time eligible for rental public housing, 5 years again to apply for public rental housing.

    43rd article government investment preparation of public rental rent by price competent sector with sibling housing guarantees competent sector, according to tenant people of economic bear capacity, and rental regional, and location conditions and construction management cost,, according to not above earlier, and with regional, and similar type general housing average rent of 80% and housing difficult groups of income level layered times determine, and reported this level Government approved Hou implementation, implemented dynamic adjustment.

    Social investment to build public housing rents by the lessor in accordance with the criteria set forth in the first paragraph of this article to set its own, local housing authorities for the record.

    44th the lessee lease contract shall be in accordance with the conventions of rational use of public rental housing, not any of the following acts:

    (A) sell, lend, swap, sublet

    (B) unauthorized repair, as well as changing the original functions, internal structures and facilities, damage to or destruction of housing and support facilities;

    (C) without valid reason for more than 6 months in a row of vacant public rental housing;

    (D) using public housing to operating activities or illegal activities;

    (E) no justification today for 2 months or 6 months in a row over unpaid rent;

    (Vi) other acts stipulated in the lease contract.
Public housing tenants based on the rational use of appendages formed by property owned, no compensation during the release.

    Article 45th government investment to build public housing, in addition to transfer management to the employer, and managed by the Housing Department at the same level.

    Housing authorities may entrust the Realty service enterprise property management, delegate management, priority employment under the same conditions can be the lessee as property management personnel, assist the lessor to the lessee to use public housing conditions of supervision and management for energy conservation as a delegate of the situation.

    Public security, urban management, urban planning and other sectors as well as sub-district offices (town) according to their respective duties, imposed on public housing area community integrated management.

    Article 46th government investment to build public housing project Commission property service management, property service charges are not sufficient to maintain public housing project operations, financial approval by the Government, and funds needed in the construction of commercial facilities and garage parking space in operating income as well as income from rental of public housing transfer solution.

    The sixth chapter exit management 47th government investment to build public rental housing needs to renewal of the lease contract expires, the lessee shall, before the expiration of 3 months for accreditation registration to apply to the Housing Authority, and provide materials required under this article 30th. The audited eligible should be publicized, public notice not less than 20th.

    Publicity without objection or verify the objection shall not set up, with the public housing eligibility for protection, annual renewal of rent and sign a lease.

    48th government investment to build public housing tenant of one of the following circumstances shall terminate the leasing contract, make public housing back:

    (A) the expiry of the tenancy renewal applications submitted audited do not meet the renewal criteria, or submit a renewal application not according to stipulations;

    (B) household income and household property, family members, housing, planning, situation changes and no longer meets the conditions for public rental housing to protect;

    (C) the lease term, tenant or acquisitions of other affordable housing.

    Voluntary Teng back government investment of 49th lessee to build public housing, shall apply in writing to the Housing Authority, terminate the lease contract, and Teng back home within the stipulated period.

    50th article government investment preparation of public rental of tenant people should since received lifted contract or terminated contract notification of day up 30th within make back public rental, does have difficult temporarily cannot make back of, by housing guarantees competent sector agreed, can continues to rent live 3 months; 3 months expires still cannot make back of, can give not over 9 months of extended rent live period; extended period within, according to original rental contract determine of standard of 150% meter received rent.

    Without any justified reason, the time limit of the lessee does not make the, shall be ordered to make back by the Housing Authority and in accordance with the criteria set by the original lease contract at 200% rent who refuses to perform, it may apply to a people's Court for compulsory execution.

    51st social investment exit to raise public housing management, carried out by the lessor, the lessee in the lease contract.

    Supervision and administration of the seventh chapter

    52nd of municipal people's Government on the district (County) shall discharge the responsibilities of public rental housing support implementation of supervision and assessment.

    53rd housing authorities and housing enforcement agencies should strengthen the social investment construction of public housing in guidance and supervision, strengthen the guarantees compliance with the housing guarantee system of supervision and inspection.

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

    (A) the inquiry units and individuals associated with verification matters, may require an explanation thereof, providing related materials;

    (B) access to public rental housing check housing conditions;

    (C) read, record, copy, public rental housing to protect objects and materials related to the work of housing security, about family members, household income and property status of the lessee;

    (D) stop, shall be ordered to correct violations of the public housing management behavior.

    Relevant units and individuals shall coordinate with the supervision and inspection, and truthfully provide relevant material.

    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.

    54th housing security departments should strengthen the management of public rental housing archive, establish and improve the construction of public rental housing project files and object files, and build urban housing security system, documented and open public housing planning, construction, auditing, information on the waiting list, and the relevant law, breach of contract and other bad behavior.

    Public security, civil affairs, social security, industry and commerce, taxation, finance, Fund and other departments and units of the information platform should provide housing guarantee system of information sharing channels.

    55th article of any organization or individual is entitled to report, complaints of violations of these measures.

    Housing authorities receive reports, complaints, it shall be verified, processed in a timely manner.

    The eighth chapter legal liability 56th article applicants or tenant people to cheat, not due means gets public rental guarantees qualification, and priority distribution right and rental subsidies of, by housing guarantees competent sector at 1000 Yuan above 3000 Yuan following fine, canceled its guarantees qualification, contains into public rental management archives; has tenant of, ordered deadline make back and by public rental with lots of market rent standard fill paid tenant period within of rent difference, late not make back of, can law application Court forced implementation.

    The applicant or lessee within 5 years from the date of disqualification shall not apply again for housing security. 57th government investment to build public rental housing tenants in violation of these regulations article 44th, cancel the lease by the Housing Authority's public rental housing guaranteed qualification, ordered to make back, and hold the lessor terminates the rental contract.

    Lessees within 5 years from the date of disqualification shall not apply for housing security losses, legally undertake the compensation responsibility.

    Article 58th housing security departments, implementing agencies, and other departments and units of housing security staff, abuse, malpractice, negligence in the public rental housing support to the direct responsible person in charge and other direct liable persons shall be given sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

    Nineth chapter by-laws

    59th the following terms shall have the meanings herein are:

    (A) new jobs without workers, graduated for less than five years of full-time college graduates employment in cities and towns have a stable career, and to people with household registration with employment.

    (B) migrant workers, in the town of employment have steady employment, but not people with jobs to urban household registration.

    (C) rental subsidy, refers to the standards pursuant to the provisions of the Government cash subsidies to eligible public housing applicants, in order to enhance their ability to rent housing, by their tenants or Government-subsidized housing to rent housing.

    60th Shantou development zone, special economic zones of Shantou free trade zone and other related industrial park investment management institutions to build public housing to secure new employment without the area eligible workers and migrant workers, and their management in accordance with the measures on the district (County) Government regulations of the investment construction of public housing.

    61st on the municipal, district (County) Government introduction of specialized personnel and in the work of the Hong Kong Special Administrative Region of the national and provincial model worker, national heroes, was awarded second above the complex military and key entitled groups, their applications for lessees of Government specific measures shall be prescribed separately to raise public housing. 62nd these measures shall come into force on September 1, 2012.