Guangzhou Municipal People's Government On The Amendments To The Regulations Of Guangzhou Municipality On House Tenancy Management Decisions

Original Language Title: 广州市人民政府关于修改《广州市房屋租赁管理规定》的决定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201007/20100700257712.shtml

Guangzhou Municipal People's Government on the amendments to the regulations of Guangzhou Municipality on House tenancy management decisions

    (November 23, 2009 Executive session of the people's Government of Guangzhou City, the 13th session of the 98th by the people's Government of Guangzhou City, on February 1, 2010 29th release come into force on the date of promulgation) 13th 98 meeting decision of the Municipal Government of Guangzhou Municipality on House tenancy administration regulations read as follows:

    30th article "fails to go through the formalities of registration and filing of natural persons is punishable by fines of 100 Yuan" is amended as "natural person fails to go through the registration formalities, and impose a 50 Yuan fine."

    This decision shall come into force as of the date of.

    Provisions on the administration of Guangzhou Municipality on House tenancy republished as modified under this decision.

    Report: administration of Guangzhou Municipality on House tenancy provisions (revised 2010)

    (February 19, 2005, people's Government of Guangzhou City, 2nd release, under the people's Government of Guangzhou City, January 2, 2008 the 5th amendment for the first time, according to the second amendment, people's Government of Guangzhou City, February 1, 2010 to 29th)

    Chapter I General provisions

    First to strengthen the management of rental housing, protect the healthy development of the leasing market, maintain public order, in accordance with the People's Republic of China on urban real estate administration law and other relevant laws and regulations, combined with the city's actual, these provisions are formulated.

    Article on House tenancy administration within the administrative area of the city governed by these provisions.

    Third House in these rules, including domestic, commercial and industrial buildings, Office premises, warehouses and other buildings. Leasing, refers to a lessor of its lease to a lessee for use by the lessee to pay the rent.

    Rental man out houses to others, or in the name of cooperation, joint ventures, not directly involved in the operation, do not participate in the distribution of profits, as rental housing.

    Fourth estate the Department is leasing executive authorities, in accordance with the unified management of the leasing market.

    Real estate leasing, lease, management is responsible for the registration of assessment, lease prices and housing rental information collection area, County real estate leasing management is responsible for the Organization and implementation of the leasing registration.

    The fifth family planning, industry and commerce, public security, taxation, planning and comprehensive urban management enforcement and other administrative departments shall, in accordance with their respective responsibilities, mutual coordination, integrated management of the lease.

    Public security organs shall be responsible for fire control, registration of foreigners as well as the security of rental housing management, tenants and residential household registration, registration of foreigners as well as the security of the personnel management.

    Family planning administrative departments in charge of family planning management of tenant and living persons.

    Industrial and commercial administrative department is responsible for investigating the use of rental housing for operating without a license and other illegal business practices.

    Department of tax administration is responsible for tax collection and management of rental housing.

    Planning administrative departments and comprehensive urban management enforcement department is responsible for the investigation of illegal construction in accordance with their respective responsibilities.

    Rental Management Service Center VI Street, town land and housing, public security, planning, taxation and other administrative authorities entrusted, centralized management area lease contract registration, account management, tax collection or registration of temporary residence permits, family planning related works.

    Seventh Government to promote rental housing commissioned Street, town center rental information rental management service.

    Rental management services, street, town center, you can accept the lessor delegate publishing rental information, but shall not engage in business activities, shall not be charged any fees.

    Chapter lease obligations

    Eighth House lease shall cooperate with the relevant departments in housing rent, housing security, fire safety, security, family planning and investigate the management of production and sales of fake and shoddy goods.

    Nineth has one of the following houses, not rental:

    (A) the lack of real estate ownership certificate or other legal proof of ownership;

    (B) whose ownership is in dispute;

    (C) judicial or administrative organs in accordance with the determination, seized or otherwise restrict the rights of real estate;

    (D) shared housing, without the written consent of the other joint owners;

    (E) illegal construction;

    (Vi) belongs to the dangerous buildings;

    (VII) failing to comply with fire safety standards;

    (VIII) has issued demolition notices;

    (I) prohibited by other laws, regulations and rules.

    Tenth, the lessor shall perform the following obligations:

    (A) not to have rented housing does not provide personal identification documents;

    (B) not permit shall be obtained according to law or other approved documents and business licenses and outstanding units of rental housing;

    (C) not to have no family planning certificate married migrant rental housing, found tenants and people staff of fertility or pregnancy, family planning administrative departments in reporting in a timely manner;

    (D) apply for rental housing registration formalities, signed a security guarantee should be located to the House police station;

    (E) shall not use public rental housing, engage in illegal and criminal activities;

    (Vi) found the premises of suspected criminal acts, it shall report to public security organs or any other relevant administrative departments;

    (G) inform the lessee of a non-residence in this city and live people to House Street, town rental management service center for temporary residence registration procedures assist administrative departments concerned and street, town rental management service center acquisition tenant and living information to personnel that shall be furnished;

    (VIII) security checks for rental housing, to detect and eliminate security risks;

    (I) within the time stipulated in the Declaration, pay rental taxes according to law. The shipowner entrusts an agent to carry out his managerial responsibilities, shall report in writing housing Street, town house rental management service center.

    The appointed agent shall perform the obligations of the lessor.

    11th the lessee shall comply with the following provisions: (A) in accordance with the planning for housing purposes, the structure of and the fire safety requirements under the housing, without changing the nature of the building, or carry out other acts of illegal construction.

    Find tenant housing safety concerns, promptly inform the lessor to eliminate them;

    (B) rental housing must not be used in the illicit production, processing, storage, management of inflammable, explosive, toxic and other hazardous substances;

    (C) rental housing must not be used to engage in illegal and criminal activities;

    (D) to fulfil its responsibility for family planning, married persons should consciously accept the residence of family planning technical service guide; (E) provide a real and valid documents, fill the form, with a relevant management by the management.

    Lessees of non-residence in this city, where housing should be streets, town house rental management service center for temporary residence registration.

    Chapter lease management

    12th house leasing system of registration and filing.

    Leasing the Parties shall sign, date of contract, 3rd, to house the seat of street, town house rental housing registration formalities Management Service Center, and submit the following information:

    (A) ownership of real estate ownership certificate or other legal proof;

    (B) the lessor, the lessee's personal identification or registration certificate of the legal persons, other organizations;

    (C) the lease contract. Leased property owned in common, the lessor shall provide the written proof of the consent of the other co-owners for rent; commissioned escrow rental housing, the trustee shall submit the client authorized to lease the proved; leased housing, proof of sublease sublease shall submit the consent of the lessor.

    Lease termination of a lease agreement by both parties, shall from the date of termination of the lease contract expires and in the 3rd, notify the housing location of rental management services, street, town centre, for cancellation of the registration procedure.

    13th register of the leasing contract shall be from the date of receipt of registration information completed in the 3rd.

    The 14th district, County real estate leasing management at the time of registration should be reviewed.

    This article Nineth circumstances listed, the rental housing, or lessor fails to fulfil the provisions of article tenth subparagraph (a), (b) the listed obligations, the district/County real estate leasing management should be indicated at the time of registration, at the same time notify the relevant administrative departments.

    District and County real estate leasing management when handling the leasing registration shall be in accordance with the provisions of this article 22nd of land and housing, public security, planning, comprehensive urban management enforcement departments informed of dangerous buildings, illegal construction, to review the fire safety hazards in housing, or to enquire about the situation, but may not increase the registration applicant. The 15th district, County real estate leasing management shall, before the 5th of last month, real estate leasing, lease submitted registration situation management.

    Real estate lease management shall guide and supervise the area and County real estate leasing management and rental management services, street, town centre, rental management.

    16th non-to the lessee of the urban household registration and residence staff, according to Guangzhou mobile IC card temporary residence permit regulations and the provisions of relevant laws, regulations, rules, registered by district and County real estate leasing management lease contract, the rental house is located Street, town house rental management service center to apply for temporary residence registration.

    Article 17th, household registration, the tenant and living persons without family planning certificates or the certificate of family planning services in Guangdong Province, in accordance with the regulation on population and family planning work, and other related legal provisions and regulations, street, town, where the lease rental management service center for processing.

    18th parties to a lease for rental contract when you register, you can apply this provision in conjunction with 16th, 17th article related matters, as well as the procedures for tax registration.

    Street, town rental management service center should be the legal basis for these matters, handling the conditions, procedures, deadlines, fees and all the materials required to submit directory publication and application model in Office space.

    19th industrial and commercial administrative departments for industry and commerce business license registration, to rent for business premises, shall request the parties to provide the area, County real estate leasing manages the registration of lease contract.

    20th Department of tax administration should be carried out according to the rental tax levies.

    21st land and housing, public security, planning, taxes, planning, urban management, industrial and commercial administrative departments should strengthen the daily inspections of rental housing.

    Rental Management Service Center, streets, town daily inspection system should be established, strengthened information collection, and with land and housing management, public safety, family planning, taxation, planning and other administrative departments, on the streets, check the rental housing within the town.

    Street, town rental management service center should be routine inspections of rental housing information to inform relevant authorities, district and County real estate leasing management.

    District/County real estate leasing management according to the provisions of the preceding paragraph should be before the 3rd of the month gets rental, real estate lease management, submission of information.

    Relevant administrative departments for routine inspections found illegal and criminal acts, and rental management service centre informed of illegal and criminal acts, it shall be processed in a timely manner.

    22nd land and housing, public security, planning, comprehensive urban management enforcement and other departments in this sector should be master of dangerous buildings, illegal construction and fire safety hazards in housing and tenant information promptly to inform the House and the seat of district, County real estate leasing management. 23rd article City real estate rental management should will district, and County real estate rental management according to this approach 15th article, and 21st article submitted of housing rental record situation and housing rental information, and real estate intermediary service institutions, and property management company according to this approach 24th article, and 25th article submitted of housing rental situation for finishing, Yu monthly 25th Qian in Guangzhou rental housing integrated management information system announced, while told related administrative competent sector.

    Leasing of public security organs in comprehensive information management system of floating population in Guangzhou City announced.

    Real estate lease management by relevant competent administrative departments provide rental information, strengthen the management of rental housing, and promptly investigate and deal with illegal activities according to law.

    24th real estate intermediary service organization provides leasing brokerage services, shall inform the housing lease rental housing registration formalities, and bi-monthly through the institutions the parties to a mediation service entered into a lease agreement name, housing, real estate lease management, location specifics.

    Property management company of the 25th article shall impede the administration staff, as well as rental management service center, streets, town official duties according to law, and bi-monthly to the company's property management services in the region there are parties of the leasing relationship names, houses, real estate lease management, location specifics.

    Article 26th city, district and County real estate leasing management, street, town rental management service center staff members shall not use housing rental information at his disposal, and rental management activities not related to profit-making.

    Chapter fourth penalty

    27th lessor violates the provisions of article Nineth, may not rent lease, the lessor is a natural person, real estate administrative departments fined 10,000 yuan fine lessor is a legal person or other organization, fined 30,000 yuan fine.

    May not rent the housing has the following situation, by the relevant Administrative Department and give the following administrative penalties:

    (A) the shipowner acts against the provisions of article Nineth part (e) provides that illegal construction of housing for rent, urban management and planning departments investigation of illegal construction, according to the Guangzhou City Ordinance to investigate;

    (B) the shipowner acts against the provisions of article Nineth (f) provides that rental housing dangerous housing, the Department of real estate administration punished in accordance with the regulations of Guangzhou Municipality on house repairs;

    (C) the shipowner acts against the provisions of article Nineth part (g) provides, rental housing does not meet fire safety standards, by the public security organs in accordance with the People's Republic of China fire law penalties, which have a significant fire hazard, after notification by the public security organ without correction, by the public security organs in accordance with the People's Republic of China regulations on administrative penalties for public security shall be penalized.

    28th shipowner acts against the provisions of article the tenth provides that the following administrative penalties:

    (A) in violation of the provisions of article tenth of the lessor (a) provides that rented to undocumented individuals, warn, monthly rent by the public security authorities fined a maximum of 3 times;

    (Ii) rental people violation this provides tenth article first paragraph subsection (ii) items provides, know or should know tenant people engaged in no as business behavior and rental housing of, by business administration sector ordered immediately stop rental behavior, confiscated illegal proceeds, and at 20,000 yuan following of fine; will housing rental to tenant people engaged in against human health, and exists major security hidden, and threat public security, and damage environment resources of no as business behavior of, and at 50,000 yuan above 500,000 yuan following of fine;

    (Three) rental people violation this provides tenth article first paragraph subsection (three) items provides, to no family planning proved of married childbearing age floating rental housing; or found tenant people and live personnel birth or pregnancy, not timely to family planning administrative competent sector report, rental people is natural of, by family planning administrative competent sector sentenced 1000 Yuan fine; rental people is corporate or other organization of, sentenced 1000 Yuan above 5000 Yuan following fine; (D) the shipowner acts against the provisions of article tenth subparagraph (d) provides, apply for rental housing registration procedures, not to the police station where housing signed a security guarantee, by the public security organs ordered to completing the formalities and the confiscation of ill-gotten gains.

    In serious cases, may be the rent of 5 times less fine; (E) the shipowner acts against the provisions of article tenth subparagraph (e) provides that public rental housing, engaged in illegal and criminal activities by the relevant management departments shall punish: the introduction or the host of prostitution and whoring, 15th detainment, warning, ordering of repentance or in accordance with the provisions of reeducation-through-labor, may be fined a maximum of 5000 Yuan. Gambling activities to provide rental housing for others, 15th following the detention by public security organs, can be fined a maximum of 3000 Yuan simply or and; or in accordance with the provisions of re-education through labour constitutes a crime, criminal responsibility shall be investigated according to law. Made for others, the sale of obscene books, CDs or other obscene materials to provide rental housing, 15th following the detention by public security organs, can be fined a maximum of 3000 Yuan simply or and; or in accordance with the provisions of re-education through labour constitutes a crime, criminal responsibility shall be investigated according to law.

    Knew or should have known that production and sales of fake and shoddy goods and to provide a venue, by the public security organs ordered corrective action and forfeiture of proceeds, a fine of 100,000 yuan fine, resulting in more than 100,000 yuan, proceeds more than 1 time 5 times times the fines constitute an offence anyone who conceals, shelters, criminal responsibility shall be investigated according to law;

    (Vi) the shipowner acts against the provisions of article tenth subparagraph (f) provides that found the tenant using the leased premises for illegal criminal activity or suspected crime unchecked, unreported, cases, law and order or disaster, by the public security organs ordered to stop renting and may be fined not more than the rent of 10 times;

    (VII) in violation of the provisions of article tenth of the lessor (IX) provision, within the prescribed period did not file tax returns, and not paying or pay less tax or the tax payable, the Department of tax administration in accordance with the People's Republic of China Law on tax collection and management and the implementation of the relevant provisions of the rules for processing or punishment.

    29th 11th tenant in violation of the provisions of the rules provides that the following administrative penalties:

    (A) violation of the provisions of the 11th article of the lessee (a) provided, without a change of the nature, or carry out other acts of illegal construction, planning, administrative departments and comprehensive urban management enforcement investigation of illegal construction, according to the Guangzhou City Ordinance and other related laws and regulations for processing or punishment;

    (B) 11th tenant in violation of the provisions of article paragraph (b) provides that rent housing production, storage, management of flammable, explosive, toxic and other dangerous items confiscated goods, monthly penalty of 10 times by the public security organs constitutes a crime, criminal responsibility shall be investigated according to law;

    (C) violation of the provisions of the 11th article of the lessee (c) provided using leased premises engaged in illegal and criminal activities, by the relevant administrative departments shall punish;

    (D) the 11th tenant in violation of the provisions of article paragraph (d) provides that failing to complete the responsibility for family planning, family planning administrative departments shall punish;

    (E) violation of the provisions of the 11th article of the lessee (e) provision did not provide real and effective documents, warn, monthly rent by the public security authorities fined a maximum of 3 times.

    Violation of the provisions of article 12th 30th lessor, without going through the House leasing contract registration, be ordered by the Administrative Department of real estate within a replacement registration procedures, nature fails to go through the registration formalities of imposed fines of 50 Yuan; fails to go through the formalities of registration and filing of legal persons or other organizations, up to 5000 Yuan and 10,000 yuan fine.

    Tenant and resident personnel in violation of the provisions of article 31st article 17th through family planning administrative departments in their current place of residence notice late still refuses to go through, or refuses to submit the proof of family planning from their current place of residence of the family planning administrative departments above the county level in a warning, and may be fined not more than 500 Yuan.

    32nd article real estate intermediary service institutions violation this provides 24th article provides, not in provides term within will accept rental delegate of housing situation told city real estate rental management, property management company violation this provides 25th article provides, not in provides term within will this company property management service regional within of housing rental situation told city real estate rental management of, by City real estate administration sector be warning, ordered its deadline submitted housing rental situation, late not submitted of, sentenced 10,000 yuan fine.

    33rd article violates these provisions, refuse or obstruct the national staff perform their duties according to law, dealt with by the public security organs according to law; the use of violence, threat, constitute a crime, shall be investigated for criminal responsibility by judicial organs.

    Article 34th land and housing, public security, planning, industry and commerce, taxation, planning, comprehensive urban management enforcement and other departments, as well as real estate lease management, rental management service center staff, lease management, failure to comply with the provisions of the corresponding duty or abuse of power, dereliction of duty and favoritism, bribe, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

    The fifth chapter supplementary articles

    35th will lend the use of the premises, in accordance with the management.

    Article 36th rental housing in the city of foreigners, reference thereto.

    The 37th article of the rules for the implementation of the provisions enacted by the municipal rental housing management office pursuant to this provision. 38th article of the regulations come into effect on May 1, 2005. December 6, 1995, the implementation of the management of Guangzhou Municipality on House tenancy repealed simultaneously.