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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

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(Adopted at the 28th ordinary meeting of the People's Government of Chiang State on 22 October 2007 for publication of the date of publication No. 5 of the Decree No. 5 of 2 January 2008)

The 1328 Standing Committee of the Municipalities decided to amend the Regulations on Housing Leasure Management in the State of Widespare as follows:
In the relevant provisions, the “zone, district-level municipal property administration authorities” would be amended to read as “the property administration authority”.
This decision is implemented since the date of publication.
The regulations on rental management of homes in the city of Hiroshima were released in accordance with this decision.

Annex: Housing Leasure Management provisions (Amendment 2008)
(Act No. 2 of 19 February 2005 of the People's Government of the Grand State, as amended by the Decision of the Government of the Grand State of 2 January 2008 on amendments to the Regulations on Housing Leasing in the City of Hiroshima)
Chapter I General
Article 1 guarantees the health development of the home rental market and the maintenance of social security, in accordance with the relevant legislation, such as the People's Republic of China's Urban Property Management Act, to develop this provision in the light of the actual practice of the city.
Article 2
Article 3 states that houses, including homes, commercial premises, office premises, warehouses and other premises, are covered by this Article.
The rental of the house means that the rent of its house to the lessee shall be paid by the lessee. The renter of the house was contracted to another person or, in the name of cooperation and association, was not directly involved in the operation and was not involved in the distribution of surpluses as rents.
Article IV is the administrative authority for the rental of homes, which is governed by law by the law.
The municipal property rental management is responsible for the management of home rental registration in the city, for the rental price assessment of the house and for the collection of information on house rental; and for organizations responsible for the rental registration of homes in the district, district-level municipal properties lease management.
Article 5
Public security authorities are responsible for the registration of firefighters and the management of the security sector; the residence of tenants and residents; registration of outsiders; and security management;
Family planning authorities are responsible for the management of family planning for tenants and residents;
The Business Administration Department is responsible for detecting the unlawful conduct of rented homes, such as unsuitable operations;
The tax administration is responsible for the tax collection of rented homes;
Planning of administrative authorities and the integrated urban administration authorities are responsible for the investigation of violations under their respective responsibilities.
Article 6. Street, town rental housing management services are entrusted by administrative authorities such as the Homeland Housing, Public Security, Family Planning, Taxation, which concentrate on the registration of rental contracts in the area of the Territory, family planning management, tax clearance.
Article 7. The Government promotes the granting of home rental information by the house renter to the streets, the town rental housing management service centre.
Street and town rental housing management services can be delegated by the rentalee and the distribution of housing rental information. However, no operational activity shall be carried out and no expenses shall be charged.
Chapter II
Article 8. The rental party shall cooperate with the management of the rental of homes, house safety, fire safety, security, family planning and identification services for the production of false commodities.
Article 9 has one of the following conditions and shall not be rented:
(i) No certificate of the right to property or other legal rights certificate;
(ii) The right is controversial;
(iii) The judiciary or the executive organ shall determine, decide the envelope or otherwise limit the right to property in accordance with the law;
(iv) A shared house without the written consent of another individual;
(v) It is in conflict with law-building;
(vi) That is a dangerous house;
(vii) Non-compliance with fire safety standards;
(viii) The announcement of house demolitions has been issued;
(ix) Other laws, regulations, regulations.
Article 10. The lessee shall perform the following obligations:
(i) No rental of homes to individuals who do not provide identification documents;
(ii) No unit rented by a licence or other approval of a document and a licence of business shall be obtained by law;
(iii) No rental of homes for married-age mobile people without family planning certificates, the discovery of births or pregnancies for tenants and residents, and the timely reporting of family planning administrative authorities;
(iv) After the processing of the home lease registration process, a security responsibility certificate signed by the public security officer at the home;
(v) No rented homes shall be used to engage in criminal activities;
(vi) The discovery of suspected criminal acts within rented homes, which should be reported promptly to public security authorities or other relevant administrative authorities;
(vii) To inform tenants and residents of non-residents of their residence to the streets of the house, the town rental housing management service centre for the suspension of the registration process; to assist the relevant administration and streets, the town rental housing service centres for the collection of information that the tenants and residents should be filled by law;
(viii) A safe inspection of rented homes and the timely detection and exclusion of security concealments;
(ix) Disclosure by law and payment of the corresponding tax on rental of homes within the prescribed period.
The renter entrusts the agent with the management duties and should report in writing on the streets of the house, the town rental housing management service centre. The author's agent should fulfil the obligation of the lessor.
Article 11. The lessee shall respect the following provisions:
(i) The use of homes in accordance with housing planning purposes, structures, fire safety provisions shall not automatically change the nature of the use of buildings or other violations of construction. It was found that the rented houses were safely hidden and that the renters were promptly informed of their removal;
(ii) No rented houses shall be used for the illicit production, processing, storage, operation of hazardous items such as flammable, prone to explosions and poisoning;
(iii) No rental house shall be used for criminal activities;
(iv) To carry out family planning responsibilities, married child-bearing persons should be aware of the guidance on family planning techniques;
(v) To provide authentic and effective documentation, such as real-filing of the relevant tables, in conjunction with the management of the relevant management. The lessee of the non-resident city's residence should conduct the registration process to the homes' streets, town rental housing management service centres.
Chapter III Rental management
Article 12. Housing rentals are subject to a registration system.
The parties to the rental of homes shall, within three days of the date of the signing, modification of the contract, process for the registration of rents in the streets of the house's location, town rental housing management services centres, and submit the following information:
(i) The certificate of property or other legal certificates;
(ii) The personal status of the lessor, or the registration certificate of legal persons, other organizations;
(iii) Housing rental contracts.
The renting house is common, and the lessor should provide written evidence of the consent of other commons to the rent; the rent-managed house should be submitted to the author's authorization for the rent; and the transferee should submit a certificate of consent of the lessor to the lease. The parties to the rental of homes shall terminate their lease contracts and shall, within three days of the date of the dissolution and termination of the home lease contract, communicate in writing to the streets of the house's location, the town rental housing management service centre for the processing of the write-off registration process.
The registration of a housing lease contract shall be completed within three days of receipt of the registration request.
Article XIV shall be reviewed when the registration of the property rental management at the district, district level.
The renting house is provided in the circumstances set out in article 9, or the taxor has not complied with the obligations set out in article 10, paragraph 1, subparagraphs I, II, and the zone and district-level occupancy management shall be indicated at the time of registration, while the relevant administrative authorities are notified in writing.
When the property rental management at the district, district level is governed by a home lease registration request, it should be informed, in accordance with the provisions of article 22 of this approach, of the hazardous housing, the construction of the conflict, the existence of a fire safety hidden house, or the referral of information to the relevant sectors; but no additional burden of the applicant for the registration of the registry is not possible.
Article 15. Territorial property rental management at the district, district level shall be sent to the municipal property rental management facility by 5 per month of the monthly home rental contract. The municipal property rental management should guide, oversee the management of property rentals in the district, the district-level municipal rental management and the street, the town rental housing management service centre.
Article 16 does not belong to the tenants and residences of the city, and shall apply for the suspension of registration procedures to the streets of the leased house, the town rental housing service centre, in accordance with the provisions of the Regulations and the relevant laws, regulations and regulations.
Article 17 The tenants and residents of the non-resident city do not conduct family planning certificates or the Family Planning Service of the Broad Orientale province, which shall be processed in accordance with the relevant laws, regulations, such as the Mobility of Family Planning, to the streets of the rented homes, town rental housing management centres.
In the case of the registration of the lease contract, the lease party may apply in conjunction with the relevant procedures for processing the provisions of article 16, Article 17 and tax registration.
The streets, town rental housing management service centres should make the legal basis for the above-mentioned matter available at the office premises, such as the conditions, procedures, deadlines, fees standards and the directory and application of all submissions.
Article 19 When the business administration conducts the registration of business licenses, the owner shall be required to provide a housing lease contract registered in the zone, district-level municipal property rental management.
Article 20 shall be taxed by the tax administration in accordance with the provisions relating to the rental of homes.
Article 21 Administrative authorities, such as the State of the Territory, public security, family planning, tax, planning, city administration, and business, should strengthen the daily inspection of the rental housing situation.
The city, the town rental housing management service centre should establish a day-to-day inspection system, enhance the collection of information, and conduct inspections of housing rentals in the streets, in conjunction with the administrative authorities such as the home, public safety, family planning, tax and planning.
Street, town rental housing management services should inform the relevant authorities and district, district and district-level housing rental management authorities in a timely manner of the information on the rental of houses held by the day-to-day patrols.
The zones, district-level municipal property rental management shall be sent to the commune property rental management facility by three months of the previous provision.
The relevant administrative authorities should deal in a timely manner with the criminal acts found in the day-to-day inspection, as well as the offences brought by the rental housing service centre.
Sections such as the Homeland Housing, Public Security, Planning, Urban Management Integrated Law Enforcement should communicate the hazardous homes in this sector, the construction of the law, the presence of fire safety hidden homes and the information of the tenants in a timely manner to the place of the house, the territorial rental management of the estate.
Article XXIII shall collate the rental of property in the zones, the district-level municipal property rental management under article 15 of the scheme, the housing rental request and the housing rental information provided in Article 21 and the property brokering services, the property management company, the property administration company, in accordance with article 24 of this approach, the housing leases reported in article 25 of the Article, which are published by 25 per month in the Integrated Management Information System for rental housing in the broader State, while informing the relevant administrative authorities. The public security authorities have made housing leases available in the integrated information management system for the mobile population in the city.
The relevant administrative authorities strengthen the management of rented homes in accordance with the housing rental information provided by the municipal property rental management and investigate violations in a timely manner by law.
Article 24 provides rental brokering services by property broker services and shall be informed of the procedures for home rental registration by the owner of the owner of the lease contract through the agency's brokering services for a half month, and of the specific circumstances of the place of the house.
Article 25
Article 26 Reimbursement management in the city, district, district and district levels, the staff of the Street and Town rental housing management service centres shall not be able to take advantage of the home rental information available to carry out activities that are not related to the rental management of homes.
Chapter IV Corporal punishment
In violation of article 9 of the present article, the lessor will not be rented, the lessor is a natural person, and the real estate administration is fined by $100,000; the lessor is a legal person or other organization, with a fine of up to $300,000.
No rented houses are subject to administrative penalties by the relevant administrative authorities:
(i) In violation of article 9, subparagraph (v), of this provision, rental houses are constructed in violation of the provisions of article 9, paragraph 5 and are inspected by the urban and planning authorities in accordance with the Regulations of the Proclamation of Violations of International Law;
(ii) In violation of article 9, paragraph (vi), of this provision, the rental of homes is a dangerous home and is punished by the administrative authorities of the property, in accordance with the provisions of the Housing Administration of the Broad State;
(iii) In violation of article 9, paragraph (vii), of this provision, rental houses are not in accordance with fire safety standards and are punished by public security authorities in accordance with the People's Republic of China Fire Act, which contains significant fire hiddenities, and are punished by public security authorities in accordance with the provisions of the Civil Security Council Regulation.
Article 28
(i) In violation of article 10, paragraph 1 (i), of this provision, the rental of homes to individuals who have no identity certificate shall be subject to a warning by the public security authority and a fine of three times the monthly rent;
(ii) In violation of article 10, paragraph 1 (b), of this provision, the lessee knows or should know that the lessee is engaged in the conduct of the operation without taking into account, and that the business administration is responsible for the immediate cessation of the tax, confiscation of proceeds of the conflict and the imposition of fines of up to 20,000 dollars; and the rental of the house to the lessee for the purpose of endangering human health, the existence of a significant security hidden, the threat of public safety, the destruction of environmental resources, and the fine of more than 500,000 dollars;
(iii) In violation of article 10, paragraph 1 (c), of this provision, the rental of homes to the married-age mobile population without family planning; or the discovery of the birth or pregnancy of the lessee and resident personnel, and the absence of timely reporting to the administrative authorities of the family planning authorities, the renter is a natural person, fined by the administrative authorities of the family planning; the renter is a legal person or other organization, with a fine of more than 5,000 dollars;
(iv) In violation of article 10, paragraph 1 (iv), of the present provision, after the procedures for the processing of the lease registration of the house, the security officer at the house is not allowed to sign a security responsibility certificate, which is due to the duty of the public security authority to fill the period of time and forfeiture the proceeds of illegal exploitation. In the event of serious circumstances, a fine of up to five times the monthly rent may be imposed;
(v) In violation of article 10, paragraph 1 (v), of this provision, rental houses are used to engage in criminal activities, punishable by law by the relevant management: introduction or retention of prostitution, customer docket, and 15 days of detention, warning, remortality or labour rehabilitation under the provisions of this provision, and fines of up to 5,000. The provision of rented homes for other cascabo activities, with the detention of the Public Security Service of up to 15 days, may be fined either alone or with the amount of 3,000 dollars; or by virtue of the provision of labour rehabilitation; and by law, criminal responsibility. The provision of rented homes for the production, traders of pornographic books, CD-ROMs or other obscene items is detained by the Public Security Agency under 15 days of imprisonment, which can be made either alone or at a fine of up to $3000. It is known or should be aware that the premises are provided by public security authorities, which are converted to the premises for the production of a false commodity, with the confiscation of the proceeds of a fine of up to 1000,000 dollars, with a fine of more than five times the amount of money obtained; and that criminal responsibility is brought to justice in accordance with the law;
(vi) In violation of article 10, paragraph 1 (vi), of this provision, the lessee found that the lessee had used the rented house to carry out criminal activities in violation of the law or that there was no cessation, non-reporting, or a case, a security disaster accident, with the responsibility of the public security authorities to put an end to the rent, which could be fined up to 10 times the monthly rent;
(vii) In violation of article 10, paragraph (ix), of this provision, the tax declaration has not been carried out within the prescribed time period, as well as the failure to pay or receive taxes, and is handled or punished by the tax administration authorities in accordance with the tax collection laws of the People's Republic of China and the relevant provisions of its Rules of Implementation.
Article 29 imposes the following administrative penalties in violation of article 11 of this provision:
(i) The lessee, in violation of article 11, paragraph 1 (i) of this provision, has taken away to alter the nature of the use of buildings or to implement other violations of construction by planning administrative authorities and the integrated urban administration law enforcement services, in accordance with the relevant laws, regulations and regulations, such as the Regulations on the Construction of the Execution of Law in the State;
(ii) In violation of article 11, paragraph 1 (b), of this provision, the lessee shall use the hazardous items such as the production, storage, operation of the tenant, flammable, futile and arsenal, forfeiture, forfeiture and forfeiture, forfeiture purposes, subject to a fine of 10 times the month's rent;
(iii) The lessee, in violation of article 11, paragraph 1 (c), of this provision, makes use of rented homes to engage in criminal activities, punishable by law by the relevant administration;
(iv) The lessee, in violation of article 11, paragraph 1 (iv), of this provision, is not responsible for family planning, punishable by law by the administrative authorities of family planning;
(v) The lessee, in violation of article 11, paragraph 1 (v), of this provision, does not provide authentic and effective documentation, which is subject to a warning by the public security authorities and a fine of three times the monthly rent.
Article 31, in violation of article 12 of the present article, the renter does not conduct the registration of the lease contract and is subject to a fine of up to $500,000 by the administrative authorities of the real estate to fill the registration request.
Article 31, a lessee and a resident person, in violation of article 17 of the present article, after notification by the administrative authorities of the family planning in their place of residence, has been refused to do so or have refused to obtain family planning evidence, which is warned by the authorities of the district where they are present in their residence and may be fined up to $500.
In violation of article 24 of the present provision, the property brokering service provider informed the municipal property rental management of the house that had not been authorized to accept the lease within the prescribed period, and the property management company had breached article 25 of the present provision that the rental of the property in the area of the company's property management services had not been informed by the municipal property rental management authority within the prescribed time period, and had been warned by the municipal property administration that it had been responsible for the payment of rents to the house for the duration of the period of time, with a fine of $100,000.
In violation of this provision, the denial and obstruction of the functioning of the State's staff is governed by the law of the public security authorities; the use of violence, threats, constitutes a crime and is criminalized by the judiciary.
Article 34 governs the land tenure, public safety, family planning, business, tax, planning, integrated urban management law enforcement, as well as the rental management of property, the rental housing service centre staff do not perform the corresponding duties under this provision or abuse of authority, negligence, in favour of private fraud, bribes, administrative disposition by law, and criminal liability by law, which constitutes an offence.
Chapter V
Article 33 XV gives housing to others and is governed by this provision.
Article 36 Rental of the present municipal house by foreigners is governed by this provision.
The application of this provision is governed by this provision by the Office of the Housing Administration of the City.
Article 33, paragraph 1. The Modalities for Housing Leasing in the City of Chiang State, implemented on 6 December 1995, were also repealed.