Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201110/20111000351912.shtml
Tangshan City affordable housing management
(June 3, 2011 in Tangshan City people's Government, the 52nd Executive Meeting June 14, 2011 2011 3rd Tangshan people's Government announced come into force on the date of promulgation) Chapter I General provisions
First to further regulate affordable housing management, solve the housing difficulties of urban low-income families, according to the relevant regulations of the State, province, combined with the city's actual, these measures are formulated.
Affordable housing in these measures in article, is that the Government provides preferential policies, limited set area and price, in accordance with the provisions of standard construction, facing housing difficulties of urban low-income families serving with welfare policy housing properties.
Third affordable housing within the administrative area of the city application, sales, trading and regulatory procedures apply. Fourth of municipal housing and urban-rural construction Administrative Department is responsible for the city's affordable housing work guidance and supervision.
City Housing Authority is responsible for the lunan district, lubei district, high-tech development zone (hereinafter referred to as downtown) affordable housing management organization implementation. Other counties outside the downtown area (City), housing and urban-rural construction Administrative Department is responsible for the management of affordable housing within their respective administrative areas.
Counties (cities), the District Government's non-profit housing management agencies, responsible for affordable housing within their respective administrative areas implementation of the management of the organization. Responsible for the public service apply for affordable housing in the city of family income, asset approval of direction and supervision.
The County (City) and district departments are responsible for the administrative area for the purchase of affordable housing income, assets of approved work.
Development and reform, supervision, finance, planning, land and resources, price, taxation, public security, statistics, financial management, administration and housing Provident Fund management institutions under the Division of duties, is responsible for work related to affordable housing.
Counties (cities), the subdistrict office (town) and community residents, according to their respective functions to do related work.
Chapter II application conditions and qualification
Article fifth low-income families apply for affordable housing should meet the following conditions:
(A) the family member has a permanent residence in this city, where at least 1 person 5 years of age;
(B) the basic family has no housing or shelter housing area per capita (refers to the floor space, the same below) in total area of 50 square meters to 15 square meters and housing;
(C) the annual per capita disposable income of the family, one for the local Government's affordable housing standard 1.5 times less than per capita income, two-person households as standard 1.2 times less, family standard 1 time three or more times, and family assets meet the required standards.
Affordable housing per capita income level of standards in accordance with local economic development, the financial capacity average level, low-income families, housing affordability and other factors.
Sixth article this way, the term refers to two or more members of the family based on marriage, by blood or adoption of statutory support, upbringing and maintenance units of social life. Can contain more than one family within the family.
Basic family mentioned in these measures refers to the family of married men and unmarried children.
Article basic household annual disposable income is the sum of income for members of his family, including wages, bonuses, allowances, subsidies and wage income, savings deposit interest property income, business income and transfer income. Basic family assets refer to members of his family name the movable and immovable property, including real estate, cars and cash, marketable securities and investments (shares), deposit, credit, and so on.
Divorced staff housing on the property included in its assets.
Article eighth family housing, the basic family for shelter family. Housing families with two or more of the basic family, which now houses the basic family-free, for homeless families.
Their housing difficulties, by all members of the family of the House total area is calculated by dividing the total number of family members.
Basic families with housing and living space are calculated by dividing the number of family members, whose per capita housing area is below the guaranteed standard of housing families.
Housing includes proprietary (including co-ownership) housing and rental public housing. Ceased on December 31, 1999 after the welfare housing for sale, gifts and other forms of transferring ownership to others, into housing.
However, the audit found that special reasons such as medical needs to be transferred home, can be excluded.
Applicant's parents or children who have two or more homes, and can meet the basic families living independently of each, shall be included in the basic family housing area.
Nineth economical and applicable housing applicants should apply for affordable housing in family members with full capacity for civil conduct.
More than 35 years of age are single persons treated as basic family, in which divorce need to divorce for more than three years, as the applicant.
Article tenth family to buy affordable housing shall again apply for affordable housing.
Exit the rental housing protection, in line with the current or when affordable housing sales conditions, can apply for affordable housing.
11th article housing and urban and rural construction administrative sector according to annual economic applies housing can sales number, and housing needs status, situation, according to housing difficult degree, and income level, factors sort round waiting of principles, developed when or Dang batch economic applies housing sales of no housing, and now housing difficult and associate no room, various housing difficult groups of specific standard, by this level Government approved Hou announced implementation.
Chapter III registration, application and approval
12th families to apply for affordable housing registration system.
Applications from people with a booklet, ID cards, housing, rental certificates, proof of income, assets and other material to the local housing and urban-rural construction application in writing to the Administrative Department, to review the application materials, having examined all the eligible families, issued by the administrative departments of housing and urban-rural construction pre registration certificate.
Made pre-registration of families, members of his family, shelter and income conditions change, it shall promptly report to the local administrative Department of housing and urban-rural development.
Administrative Department of housing and urban-rural construction based on the per capita housing area, family structure, population, household factors such as age and income level, not exceeding current or when the number of affordable housing available for sale 120% of the identified target and announced to the public. According to housing supply, first ensure it is housing the family, then determine the housing difficulties and the number of homeless families.
Housing difficulties are such pre-sale objects should base family housing area per capita calculation; no pre-sales room according to availability and the number of applicants can be determined according to the family housing area per capita, can also be determined through a public lottery. Published family purchase an application shall, within the prescribed period, fails to apply, cancel the registration qualifications.
After the disqualification, still need to apply for affordable housing, it should be re-registration.
13th target group for the purchase of that year or when affordable housing grant must submit the following materials:
(A) the registration certificate;
(B) to purchase economic housing application form;
(C) family members register and ID cards;
(D) marital status evidentiary materials;
(V) the evidence of family income and assets declarations;
(F) family housing conditions of supporting documents;
(G) the integrity and commitment, agreed to accept housing and economic status verification and publication written verification results file;
(VIII) other documents shall be submitted.
Article 14th pre sale objects on the application and related materials for review and publication:
(A) the applicant residence street or town shall be responsible for the purchasing of economical and applicable housing application accepted first instance, trial and publicity;
(B) Dian Lu, and Lu bei, high-tech development zone housing management agencies are responsible for the purchase of economical and applicable housing application review; the City Housing Authority is responsible for the downtown area to purchase economic housing application review, public notice, approval;
(C) other counties except for the downtown area (City), housing and urban-rural construction administrative departments are responsible for the purchase within the administrative area of economical and applicable housing application review, public notice, approval;
(D) the County (City) and District Civil Affairs Department is responsible for reviewing applications to purchase economic housing household income and assets.
15th units within 15th days of the acceptance of first instance set out its preliminary comments.
Economical housing in accordance with the conditions of sale of first instance the applicant declarations and observations at the domicile of the applicant in the first instance (residence) or publicity work units is 7th. Publicity during the dispute, units should be verified in the first instance.
Expiry of the public, with the affordable housing sales conditions and publicity without objection or verify an objection is not established, income audit unit and application materials be submitted in the first instance.
Trial units can organize residents Committee affordable housing the trial specific work.
Article 16th revenue audit unit shall, from the date of receipt of the application materials in the 10th, the applicant's family income and assets with the affordable housing sales conditions the audit opinion, sent together with the application peer review (review).
17th review unit from the date of receipt of the application materials in the 15th, applicants in this area with the affordable housing sales conditions for review comments to qualify, along with the audit unit with the application materials.
18th audit unit shall, from the date of receipt of the application materials in the 15th, audit observations. On basic situation of applicants eligible for affordable housing sales in the local media and domicile (residence) or publicity work units is 7th.
Disagrees with the public announcement period, audit unit shall, together with the revenue audit unit and trial (review) unit verification.
Expiry of the public, meet affordable housing conditions of sale and publicity without objection or verify an objection is not established, prospective buyers proved to be approved and issued by the economic housing.
Issuance of proof of purchase quantity less than current or when affordable housing units for sale, and vacancies section can be sorted in accordance with the relevant provisions of article 12th which they were elected, can also be included in the next sale.
Article 19th application materials are standard, not complete, inaccurate or affordable housing sales conditions are not met, receive and trial, review, audit unit shall inform the applicant in writing and state the reasons.
Irregular and do not complete the application materials, the applicant shall, from the date of receipt of the written notice within the 5th standard, complete application materials. Article 20th reception, first instance, review, audit, approval through household surveys, neighbourhood visits and letters, certificates of the applicant by way of family population, income, assets and housing conditions for verification.
The applicant and the relevant units and individuals shall cooperate with and provide relevant information.
In the process of receiving, auditing, and complex, when the sales number can be appropriately extended time limits, and to the public in advance.
Fourth chapter sales and registration of property rights
21st of municipal or County (City) and district housing authorities directly organized the construction of affordable housing, average selling prices by city and County (City) price, district administration, in conjunction with housing and urban-rural construction administration based on affordable housing price control regulations approved. Real estate development enterprise's development and construction of affordable housing projects, the average sales price shall not be higher than the bid price.
Upset bid price is the price administrative departments will week housing and urban-rural construction administrative departments according to the relevant provisions in the affordable housing price management, considering the construction and management of costs and profits are determined on the basis of elements.
Housing sales prices, should be based on average selling prices, according to the floor by the construction of affordable housing units, orientation, and other factors to determine. 22nd affordable housing sales price shall not be not marked by any costs beyond the price charged.
After the affordable housing prices should be announced to the public. Article 23rd economic housing licence system.
Construction of affordable housing units for affordable housing presale, shall apply to the Administrative Department of housing and urban-rural construction licence. Sale of affordable housing, units sold and the depositary financial institution should work with housing and urban-rural development administration signed a regulatory agreement.
In the construction of affordable housing grant housing prior to initial registration, sales unit sales may not be diverted to any other use.
Project sales (pre) sold by the city and County (City) and district housing management agencies, or by the city and County (City), the Administrative Department of housing and urban-rural construction supervision development organization.
24th purchase affordable housing can draw personal housing accumulation Fund, housing fund loans, applying for a commercial loan. 25th economical and applicable housing of open sell (in advance) for sale. City, County (City), housing and urban-rural construction administrative departments shall supply information to society announcements.
Public notice shall contain the name of development project construction, and marketing (pre) time, houses for sale, total floor area, total units, each type of number, area, and marketing (pre) sale price, application period, applications for purchase conditions, audit time and publicity, and so on.
Article 26th eligible families, with prospective buyers to prove the purchase of affordable housing affordable housing, affordable housing unit sales should provide affordable housing to buy proven domestic sales of affordable housing.
Affordable housing the number of prospective buyers prove the holder more than affordable housing supply quantities, in accordance with the relevant provisions of article 12th sort, or take a lottery determined buyers. You limit your number of affordable homes for sale, obtain affordable housing purchases proved not to buy affordable housing should be under the direct purchase of affordable housing, do not buy affordable housing within a year, according to the approval procedure for review.
Has been included in the current period or when the purchase of affordable housing, for personal reasons, not to buy, cancel purchase qualifications shall not be re-registration within two years. 27th sales area of affordable housing, divided into the supply area and protect the area.
(A) residential: one family members, not more than 50 square meters; two of the family members, not more than 60 m; three or more family members, no more than 65 square meters;
(B) the high-rise, high-rise residential the residential standards, you can increase by 5 meters.
Security area for the supply area minus the housing area with affordable housing prices. Actual purchase area minus the protection area part, by when the lot or with ordinary commodity housing market assessment price buy adjacent lots.
This corresponds to the part of the purchase shall be deducted in the land of gold, when traded for replacement.
Article 28th of affordable housing to the purchaser for the purchase of affordable housing had limited property rights.
Housing and urban-rural development, land and resources administrative departments at the time of registration, shall be separately indicated "affordable housing", "land", "basic situation outside protection area" and protection of the area's "Government investment '' and so on.
Fifth chapter transaction management
29th the purchase of affordable housing is publicly traded, shall meet the following conditions: (A) affordable housing to buy over 5 years.
Is now listed for sale period from pay calculated from the date of purchase, presale listed time limit from the date on which the check;
(B) access to affordable housing housing ownership certificates and the land use right certificates;
(C) pay protection area of value-added benefits and land use rights transfer payment. Value-added benefits of the security area, in accordance with the purchase of affordable housing costs when dealing with lots of ordinary commercial housing market assessment price difference percentage of government investment.
Security area outside of the Housing Fund has paid at market prices, the value-added benefits of this part no longer pay.
Land transfer by sharing covers an area pay, pay the standard in affordable housing, trading benchmark 40% calculation of the premium.
Article 30th after the purchase of affordable housing to market term, owners can pay related expenses pursuant to 29th, made ordinary commercial housing ownership certificates and transfer properties of the land use right certificate.
31st during the restricted period may not be the listing the purchase of affordable housing resale, Exchange, gift, priced shares.
Traded in the limited number of years, due to special reasons required the transfer of affordable housing, can be used by the Government in accordance with the original price, interest and lending rates over the same period.
Not complying with the provisions to pay costs associated with the listing, the purchase of affordable housing may not rent management.
Article 32nd Court to adjudge, adjudication, mediation and security reasons, dispose of the affordable housing, first by provisions to pay costs associated with the listing after the ownership transfer registration formalities.
Affordable housing ownership transfer of inheritance, divorce, registration procedures for the transfer and ownership of housing properties, listing start date does not change.
33rd Government free of charge per square meter of housing a variety of administrative and institutional charges and Government funds (Government fee waivers for short) amount, calculated by the affordable housing project construction, price administration departments confirmation. For affordable housing affordable housing cost price average selling price per square meter of government investment funds and.
Government's investment in capital costs for government relief.
Government investment ratio per square meter, the Government invested with affordable housing cost ratio of personal investment for affordable housing with an average price to affordable housing cost ratio.
Construction of affordable housing units will be affordable housing average price, government relief costs, Government and individuals share information such as sold separately Housing Authority and property registration authority documentation management.
Article 34th of the land transfer fees, value-added revenue sales outside area and guarantee balance after deducting costs, should be turned over to the financial, for use in housing.
Sixth regulatory and legal liability
35th city or County (City), the Administrative Department of housing and urban-rural construction of affordable housing application, sales, management, transaction and other supervision and inspection.
City, County (City), the district administration of housing and urban-rural development department and other relevant departments for violations of provisions relating to affordable housing management reports or complaints shall receive and verify in a timely manner, handle. Article 36th real estate development enterprises in the affordable housing sales or pre-sales of, any of the following acts, the Administrative Department of housing and urban-rural development in a warning, be ordered to desist from the illegal act, rectify, and a fine of 30,000 yuan.
Permanently ban the enterprises to participate in the bidding for the city's affordable housing project legal person, qualification certificate after the expiry of its development, is the city's approval, issued by the authorities is not delayed; not the city's approval, recommendations to the issuing authority is not an extension:
(A) in violation of the first paragraph of this article 23rd, without obtaining the licence sale of affordable housing;
(B) the violation of the article 23rd paragraph, House for sale diverted of;
(C) in violation of the first paragraph of this article 26th, to non-affordable housing to buy proven domestic sales of affordable housing. 37th article purchase people violation this approach 31st article provides, in limit listed trading term within will by purchased housing sold, and Exchange, and gift, and pricing shares, or not fill make related costs rental business of, by housing and urban and rural construction administrative sector give warning, ordered stop violations; is non-business sex behavior of, can at 1000 Yuan fine; is business sex behavior and has illegal proceeds of, can at 5,000 yuan above 30,000 yuan following fine, no illegal proceeds of, can at 10,000 yuan following fine.
Meanwhile, the affordable housing by housing and urban-rural construction administrative departments back at the original price.
38th the applicant provides false materials, not to apply for affordable housing in three years. Deception has been buying affordable housing without affordable housing housing, land use right certificate shall not be issued has been receiving affordable housing housing, land-use, the local housing and urban-rural construction, land and resources administrative departments in the form of announcement to be cancelled.
The local housing and urban-rural construction administrative departments to recover has bought a House, prevailing market prices or order the deadline to pay the relevant fees; no refund or does not pay to buy housing related costs, apply to a people's Court for compulsory execution. For issuing false certificates of the applicant, the relevant departments and units to hold parties and principals accountable, depending on the seriousness of an administrative sanction.
Suspected of a crime, and handed over to judicial organs for handling.
39th administrative counterpart for the specific administrative act undertaken by the Administrative Department may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.
If no application for reconsideration or sue, or carry out a specific administrative act undertaken by specific administrative act apply to a people's Court for compulsory execution of the Executive.
40th State personnel in the management of affordable housing abuses, negligence, malpractice, any of the following circumstances shall be ordered to correct serious, responsible persons shall be given administrative sanctions, suspected of a crime, judicial organs dealing with:
(A) to meet the required conditions of the application as inadmissible or not to make a decision within the prescribed time;
(B) the specified site publicity should publicity material;
(C) without the explanation required under reason not to accept the application or rejection;
(D) an applicant who does not meet the requirements to grant to purchase economic housing;
(E) the solicitation or acceptance of other people's property, or seeking other interests.
The seventh chapter by-laws
41st fund raising of cooperative housing management practices in accordance with the relevant provisions of the affordable housing.
42nd article this way prior to the introduction of rental affordable housing, should be within purchase or rental of housing.
Before the implementation of these measures has been to buy affordable housing transactions in accordance with the central area of Tangshan has bought affordable housing transactions management rules (Tang Zhen 46) regulations.
Article 43rd industrial zone, development zone, management area and other government agencies under the jurisdiction of regional affordable housing management in accordance with the regulations.
44th administration of housing and urban-rural development department and civil affairs departments according to their respective duties, in accordance with the measures put in place rules. 45th these measures come into force on the date of promulgation.
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