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Qiqihar Interim Measures For The Management Of Real Estate Sale

Original Language Title: 齐齐哈尔市商品房预售管理暂行办法

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Provisional approach to the sale of commodity premises in the city of Zihar

(It was considered at the first ordinary meeting of the Government of the people of the city of Zihajar on 31 January 2012 for the publication of the Decree No. 1 of the People's Government Order No. 1 of 20 February 2012 effective 21 March 2012.

Article 1 provides for the regulation of the sale of commodity premises, the maintenance of the real estate market order, the protection of the legitimate rights and interests of both parties to commodity housing transactions, the promotion of the healthy development of the market in my city, in accordance with the laws and regulations of the National People's Republic of China's Urban Property Management Act, the construction of the Ministry of the Sale of Goods, and the provision of the provisional provisions for the management of the sale of new commodity reserves in the Blackon Province.

Article 2, this approach applies to the sale of commodity buildings on national land in the urban planning area.

The scheme referred to the sale of commodity premises, which means that the real estate development operation (hereinafter referred to as the development of the enterprise) will be sold to the lender in advance of construction, and that the purchaser pays the payment of the pay or housing price.

Article 3. The commune property administration is responsible for the management of the entire commune.

In each district (market) and in the mountainous areas, the Meris region, the Falalqaki area, the Aung San stream Territorial Authority is responsible for the management of commodity reserves in this administrative area under this scheme.

Article IV imposes a licence regime for the sale of commodity premises. After the release of a licence for the sale of commodity premises by the territorial authorities of the city, the district (community) and the property administration of the commune, the sale of commodity premises may be carried out.

Article 5 Access to a licence for the sale of commodity premises shall have the following conditions:

(i) Real estate development of corporate qualifications and business licences.

(ii) A licence for the development of projects, a land-use certificate, a construction engineering planning licence and construction work permit.

(iii) Investing in the development of construction funds amounted to more than 25 per cent of total investment in project construction and to determine progress in construction and the date of delivery.

(iv) Programme for the sale of commodity premises.

(v) Work construction contracts and notes on progress in construction.

(vi) In line with the relevant legal, legislative and regulatory requirements.

Article 6

(i) Project name, location and direction, land use, total size of the project, standard of refurbishment, heating, congestion rate, green land rate etc.

(ii) Construction of commodity housing projects. These include the project construction cycle, the construction plans and progress arrangements.

(iii) Public goods, community housing and the development of enterprises' self-ownership and public facilities, area, number (internal) etc.

(iv) The number, set of units (internals), construction area, pre-age prices and varying degrees of resale.

(v) The source table for the sale of commodity premises. These include the housing number, area, sale of general prices, and the nature of the house.

(vi) Regulatory of the funds sold.

(vii) Small-sector environmental construction programmes and small-scale environmental construction maps.

(viii) The date of sale and the contraction process.

(ix) Housing energy consumption indicators and energy efficiency measures.

(x) The development of a tentatively qualified enterprise shall provide a security letter to the subject responsible for the quality responsibility of independent legal persons for their qualifications and compensation.

(xi) The establishment and relapse of the fixed sale building.

(xii) Clear business management units.

Article 7. The administrative authorities of the real estate shall determine the size of the resale of commodity premises, in accordance with the application of the development of the enterprise, on-site verification of the image of the works. During the project period, the pre-disposed seller could carry out the “Commodity Housing Dealing Licence”.

The lowest size of the pre-sold commodity housing project cannot be small.

Article 8. Before applying for the sale of commodity premises, the development of businesses should be made available to the city, the district (market) price sector for pre-supposed prices and the minimum price. Specific requirements are being implemented in accordance with the scheme for the sale of a minimum tender price management in the city of Ziharar (notes [2011]6).

Article 9. The development of a business should be strictly publicly sold in accordance with the approved pre-old programme.

Article 10 The resupply will be sold by the collateral owner, who must be informed by the written consent of the collateral and in writing by the collateral; the commodity premises that have been sold and the survivor shall not be collateral.

Article 11 Changes in the “Commodity Property Dealing Licence” and related facilities that have already been made available for the construction of infrastructure or public interest needs are required, with the approval of the relevant administration, to entrust the original mapping agency with a recalculation of the resale area.

As a result of changes in the design, structure or construction of pre-sold commodity houses, resulting in changes in the area of pre-disposed commodity rentals, involving the rights of the lender of the contractual agreement, the licensor shall, within 10 days of the completion of the approval process, notify the buyer in writing and consult with the requisitioner on changes in the contract for the sale of goods, signing supplementary agreements or lifting the contract for the sale of goods. The licensor did not respond within 15 days of the date of receipt of a written notice as a change of consent. The rowinger was not notified to the purchaser within the prescribed time frame and was vested with the agent.

Article 12. The transfer of a resolder has been partially sold in the construction of a commodity housing project, which shall be subject to a change in the sale of commodity premises and, within 10 days of the date of approval of the transfer, a written notice of the owner. The licensor shall, within 15 days of the date of the communication, decide whether the contract is terminated. The owner continued to perform the contract or was not contested at the expiration date, and the rights obligations of the former licensor were transferred to the transferee of the project and to establish a transfer contract with the project transferee.

Article 13 shall be delivered after the completion of the project on the sale of a commodity housing facility shall be carried out by a qualified party in the administration sector such as planning, construction, firefighting.

The housing environment must be completed by the environmental construction programme. As a result of the season, when it was not completed in the year, it must be completed by the end of August of the next year, without the receipt.

Within 90 days from the date of the delivery of the commodity premises, the licensor shall be registered under the law in the city, the district (market) property management and the land administration. Enterprise development should be assisted by providing the necessary documentation.

As a result of the development of enterprises, the licensor was unable to obtain a certificate of residence within 90 days of the date of the use of the house, and the development of a business should assume responsibility for default, in addition to the special agreement of the developr and the lender.

Article 15. The development of an enterprise shall not deliver qualityless homes. The owner has the right to lift the contract because of the lack of quality of the housing subject or the severe impact on the quality of the house.

Article 16 Developments of businesses for the sale of commodity houses should be made available to the requisitioner to present the “Commodity Dealing Licence” for the building. The publication of advertisements and statements on the sale of buildings must contain the approval of the Proceeds of Commodities. The publication of the sale building advertisements should be carried out in strict accordance with the relevant laws and regulations, such as the People's Republic of China's advertising law, the National Business Administration's provisional provision for the publication of property advertisements.

Article 17 prohibits the development of the following acts by the enterprise:

(i) Professional advertisements and information distributors to the purchase of houses by the proxy, which should not be used to misleading consumers in the sale of the distributives in order to produce false marketing progresss that result in the sale, storage of property sources.

(ii) Removal of commercial property in the form of a return to the sale, the sale of property after the sale of the enterprise's home home prior to the initial registration of the homeowner's title, and false transactions.

(iii) Unless authorized by the price sector, the collection of expenses other than the property.

(iv) Concluding the seizure of the situation, providing false material or using unjustifiable means such as deception, bribery to obtain a licence for the sale of commodity premises.

Article 18 Development of the proceeds from the sale of commodity reserves by enterprises must be used for the construction of the project and should not be diverted. The communes, districts (communes) administrative authorities are responsible for the regulation of the funds for the sale.

Prior to the development of a licence for the sale of commodity premises, commercial banks should be chosen to open up the sale of funds for new commodity buildings and to enter into regulations with the municipal, district (commercial) pre-distributing funds, the opening of the bank's tripartite agreement on the regulation of funds for the construction of new commodity buildings in the city of Zihar, specifying the rights, obligations and legal responsibilities of the parties. The first three articles of the agreement, each of the three parties, are in operation.

The development of an enterprise with a number of pre-supposed resale projects should be preceded by the establishment of a specialized regulatory account for the provision of funds for the sale of commodities, which is subject to regulatory agreements with the opening-up banks and the pre-distributing funds.

The development of an enterprise shall not direct the receipt of the royalties. The purchaser shall, in accordance with the time agreed upon in the contract for the sale of the commodity premises, enter the rental price directly into the regulatory account for the sale of funds for the construction of the new commodity building.

The Bank verified the payment information, charged the advance funds in accordance with the letter of payment and awarded the award to the purchaser. The purchaser obtained a payment voucher from the opening-up bank and transferred to the development of an enterprise.

The development of enterprises shall provide funds for sale in the urban, district (commune) prior to the use of funds for the sale of new commodity buildings, and shall apply for sub-projects. The financial regulation for the sale of funds shall be reviewed within two working days of the date of receipt. In accordance with the conditions of payment, the letter of consent is given to the payment of funds by the opening-up bank in accordance with the letter of consent; the development of the enterprise should be informed in writing.

The costs for the development of enterprises must be used to purchase construction advances, statutory tax fees and other related costs necessary for the development of construction materials, equipment and payment of project construction.

The opening banks shall cooperate actively with the pre-distributing funds regulators to carry out pre-disbursement regulations, assign the payment of the funds approved by the pre-disbursed funds management sector to the pre-solder for the processing of the resupply payment of the resupply payments, as required by the pre-distributing funds management sector.

Article 19 governs the full range of funds to be sold by the pre-disposed financial regulation. The proportion of pre-distributing funds can be properly reduced by the top ten developing enterprises that have been assessed for national and provincial good faith in the development of pre-commercial businesses, and by the local, district and territorial administrative authorities, where appropriate, the proportion of pre-distributed funds is reduced. However, the balance of the financial regulation accounts must be sufficient to ensure that the costs incurred for the construction of completed works, including project environments.

Article 20 Contracts for the sale of commodity premises should be used in the model text (GF-2000-0171) and the introduction of the online system for the sale of commodity premises. The contract for the sale of commodity premises responds to the quality of commodity premises, the belongings of facilities such as PS, the vehicle's place, the heating, the conditions for delivery and their default responsibilities, and makes the Home Quality Assurance Bill, the Home Use Notes as a contractual annex.

The sale of commodity premises is strictly enforced with the purchase of houses, and the owner's name cannot be changed after the purchase is obtained. After the purchaser's scheduled commodity premises, the advance sales contract was not concluded within the prescribed time period, which was scheduled to be removed and the source of the distributed was publicly sold. The contract for the sale of commodity premises has been signed and the dismissal of the contract by consensus of the parties, and the parties should submit applications and explain the reasons for the public sale of the property.

Article 21 develops businesses that violate the laws, regulations and regulations for the sale of commodity buildings, and punish them in accordance with the construction of the Urban Commodation Management Scheme, the Regulations on Urban Real estate Development in the Blackang Province and the relevant national, provincial provisions.

Article 22 Staff members of the real estate administration are not subject to review, approval, or toys of negligence, abuse of authority, provocative fraud and are treated by law, which constitutes a crime and are criminally criminalized by law.

Article 23 of this approach is implemented effective 21 March 2012.