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Qiqihar City Real Estate Market Management Approach

Original Language Title: 齐齐哈尔市城市房产交易市场管理办法

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(Adopted by the 34th ordinary meeting of the Government of the People of the city of Zihajar on 17 October 2006 No. 6 of 13 November 2006 by Order No. 6 of the People's Government of the city of Tzihar, which came into force on 13 December 2006)

Chapter I General
Article 1 establishes this approach, in line with the People's Republic of China's Urban Property Management Act and the relevant laws, regulations and regulations, in order to strengthen the management of the urban property market in my city, to preserve the property trading order and to protect the legitimate rights and interests of the parties to the property transaction.
Article II applies to property transactions and their management within the State's land area of urban planning.
Article 3 units and individuals who have acquired property rights under the law in this city shall be registered by law in the city, in the district (market), in the territorial Government's property administration, and in the home ownership certificate.
Article IV transfers, mortgages, rents, while land use rights within the scope of their property are transferred, mortgaged and rented.
Article 5
Article 6. The publication of maternity advertisements shall be in compliance with the relevant provisions of the publication of the property advertisement and shall not be mistreated and misleading the public.
Article 7. Municipal construction is the administrative authority of the city's communes trading market, where district (markets), sector property management is located (markets), and administrative authorities in the zone market (hereinafter referred to as the administrative authorities).
The Urban Property Market Management Service and the districts (markets), the Regional Property Markets Authority are responsible for the day-to-day management of communes, districts (markets) and zonal transactions (hereinafter referred to as the property administration).
Sectors such as land, business, finance, goods, taxes, State assets, financial and public safety should be managed in accordance with their respective responsibilities.
Chapter II Transfer of property, exchange
Article 8. The transferee shall enter into a written transfer contract. The owner of the property transfer shall apply to the property management in the place of the property in which the property is transferred within 90 days of the contract for the transfer of property rights in the home. After the approval of the property administration, registration of the transactional condition and issuance of the property title certificate to the transferee.
(i) The Housing Title Certificate;
(ii) The identity documents of the parties, legal persons or other organizations, or the written commission of the author;
(iii) The Property Transfer contract;
(iv) The State's property is subject to approval by the competent authorities or the equivalent government authority sector, and the property of a limited liability company, the share company, the company's company shall be submitted to the shareholders' conference or the Board's resolutions, and the property of a collective enterprise shall be submitted to the General Assembly resolution of the employee (representative) and to the competent authorities' consent documents;
(v) Other property registration bodies consider the required documentation.
Article 9 contains one of the following conditions prohibiting the transfer and exchange of property:
(i) No home ownership certificate is registered by law;
(ii) The right to be contested or the certificate is not in conformity with the object;
(iii) The right of the judiciary, the executive branch to envelope or otherwise limit the property of the property;
(iv) Shared properties without written consent from other rights holders;
(v) The creation of a mortgage property without the consent of the collateral;
(vi) Other cases prohibited by law, legislation and regulations.
Article 10 When the owner transfers the property of the lease period under the lease, the lessee shall be notified in advance. Under the same conditions, the lessee has a priority to buy.
The owner's transfer of a total of property is limited to the share of the owner's property rights; a common shared property must be transferred with the written consent of the owner. Under the same conditions, there is a priority to buy. A shared owner's priority in purchasing power is higher than the priority of the lessee.
Article 11. The commodity owner may not transfer the unfinished commodity premises and the commodity construction unit shall not change the procedures for the purchaser.
Article 12 Exchanges of property shall be concluded and shall be registered by the property administration within 90 days of the date of the contract's signing and shall be processed within 5 days of the date of receipt.
Article 13. The owner of the property exchange is not registered by the property administration and the property development, operation and other housing units shall not be subject to more formalities.
Article 14. The procedures for the processing of the registration of the property exchange shall be provided with the Property Exchange contract, the identity of the parties, and shall also distinguish between the following materials:
(i) The exchange of titles in the home should provide the parties with a housing title certificate;
(ii) The State-owned property shall be subject to approval by the competent authorities or the equivalent government authority sector, with a limited liability company, the property of the company, the property of the company's company, the property of the company's property shall be submitted to the General Assembly resolution of the Employer (on behalf) and the consent of the authorities;
(iii) Written testimony with the consent of a total of other co-locators;
(iv) Other property registration bodies consider the required documentation.
Chapter III
Article 15. The owner of the property is a lessee to provide a house or its subsidiary facility, for example, in the case of non-removable titles, for the purpose of renting a counter, suffrage, a site, a suffrage or, for example, a unit, cooperation, contract, a lease, for the benefit of another person to operate without change of ownership, and the payment of rents by the lessee to the lessee is considered to be rented.
Article 16 The lease party shall enter into a written lease contract and, within 30 days of the contract's conclusion, a registration request for the property administration, which is issued within 5 days of approval by the property administration.
When the lease contract is registered, the leaser shall provide the following material:
(i) The Housing Title Certificate;
(ii) Written lease contracts;
(iii) The identification of the parties, legal persons or other organizations; the written commission of the author (in accordance with the law);
(iv) Written certificates agreed by a total of other commons with rental property;
(v) Other property registration bodies consider the required documentation.
Article 18, with the written consent of the owner, may transfer the tenancy. The transfer of property shall enter into a lease contract and, under article 17 of this scheme, be registered by the property administration.
Article 19
Article 20 Changes in the rental contract shall be registered by the parties within 30 days to the property management authorities; the property management shall be registered within 5 days of the date of receipt.
Chapter IV Mortgage of property
Article 21, the mortgage party shall enter into a mortgage contract and, from 30 days from the date of the contract's signing, the mortgage registration of the property administration; the property management shall be registered within 5 days of the date of receipt and sent to the party's home title.
Article 2
(i) The right to housing certificate or the legal and effective procedures for the purchase of commodity houses;
(ii) The identity documents of the parties, legal persons or other organizations, or the written commission of the author;
(iii) Written testimony with the consent of a total of other co-locators;
(iv) The borrowing contract;
(v) The Housing Mortgage contract;
(vi) Information that may prove the price of property;
(vii) State-owned properties are subject to approval by the competent authorities or the equivalent government authority sector, and the property of limited liability companies, equity companies is to be submitted to the shareholders' chambers or board resolutions, and the property of collective enterprises is to be submitted to the General Assembly resolutions of the employee (representatives) and the authorities' consent documents;
(viii) Other property registration bodies consider the required documentation.
Article 23 creates a mortgage on a share of the property, and the collateral shall communicate in writing to other commons and limit the share of the collateral; in the case of a shared house, a collateral must be based on the written consent of the owner.
Article 24 Changes, removal or termination of the mortgage contract shall take place within 30 days of the processing of registration proceedings by the property administration; the property management shall be required for compliance and shall be processed within 5 days of the date of receipt.
Article 25 organizations such as mortgages, mergers, and more should be subject to change procedures in the property administration; mortgages are natural and killed or declared dead, whose successors or the survivor shall have access to a change of mortgage procedures within 90 days of the date of the successful or survivor's effective award.
During the mortgage period, the collateral shall not be disposed of of the right to strike, alter the use, divide or otherwise undermine the mortgage without the written consent of the collateral. Except as otherwise agreed in the mortgage contract.
Article 27, when the owner shall enter into the Property Terminology contract and, within 30 days of the date of the contract, the registration of the property administration, shall be made available within 5 days of the date of receipt.
Article 28, when the property is registered, the parties shall provide the following material:
(i) The right to housing certificate or the legal and effective procedures for the purchase of commodity houses;
(ii) The identity documents of the parties, legal persons or other organizations confirm the document and entrust the author with a written certificate of commission;
(iii) Written testimony with the consent of a total of other co-locators;
(iv) The Property Terminology contract;
(v) Other property registration bodies consider the required documentation.
Article 29 expires, and the author has not returned to ransom within a reasonable period of time or agreed. The licensor may hold a judicial instrument of the original contract or entry into force to conduct a registration of property changes by the property management in the place of the estate.
Article 33 has one of the following conditions, and shall not be collateral or quantify:
(i) No legal and effective procedures for the acquisition of a housing title certificate or the purchase of a commodity house;
(ii) Property rights are disputed;
(iii) The judiciary or the executive body, in accordance with the law, decides to envelope or otherwise limit the right to property;
(iv) Shared property without written consent from other commons;
(v) The inclusion of announcements in the scope of evictions;
(vi) already sold commodity houses;
(vii) Laws, regulations stipulate that no collateral shall be imposed.
In the first instance, the mortgage was later included by law, and the collateral should be informed in a timely manner of the mortgagee, the collateraling party could re-establish the security or, in accordance with the law, liquidate the debt and lift the original mortgage contract.
Chapter V
Article 31: The sale of commodity premises shall be registered with the administrative authorities of the estate in advance (removal) of the sale permit for the sale of commodity premises.
Article 32 Pre-removal of new commodity buildings in the urban area of the city of this city is subject to a contract online request and a presentation letter from the Housing Authority on the purchase of commodity reserves. The owner shall not refuse to sell any commodity room that is available on the Internet for sale.
The city area referred to in the present article refers to the four areas of Ronsha, Ivana and Warsaw.
The parties to the sale of commodity premises, in accordance with the online publication of information on commodities and the model text of the contract for the sale of goods, consult the parties to the contract. The sale contract was confirmed by the parties and was sent by the salesr through the online operation system to the contractor's text to the property management system and to the property registration application.
Article 334 The owner's purchaser shall enter into a written contract and be registered by the property administration within 90 days of the date of the contract. After approval by the Housing Authority, the compliance shall be made within 5 days of the date of receipt.
Article XV Development of property shall not be sold to another person before a contract for the sale of commodity premises is not cancelled.
Article 36 Unless delivered, the real estate development enterprise should assume the corresponding responsibility for default.
As a result of force majeure or for other reasons agreed by the parties in the contract, the real estate development enterprise should communicate the purchaser in writing in a timely manner.
Article 337 Registration of property rights by commodity buyers should provide the following materials:
(i) A presentation on the purchase of the registration of commodity premises;
(ii) Invoices for the sale of immovable property in the Blackon Province;
(iii) Contracts for the sale of commodity premises;
(iv) The identity documents, legal persons or other organizations of the parties;
(v) Other property registration bodies consider the required documentation.
Chapter VI
Article 338 establishes a property broker service and shall apply for registration to the business administration sector, a copy of the business licence, within 30 days of the receipt of the business licence, to the city, the district (market), the territorial administration.
Property brokers are required to join the property broker service agency, which may engage in property brokering activities and may not be delegated to the customer on behalf of the individual.
Article 39 Prices assessment should be based on fair, fair and public principles, based on national technical standards and assessment procedures, and on the guiding prices of local markets. The market flow of property transactions guides the price, the replacement price of property, which is fixed and published by the Authority.
Article 40 of the Court's enforcement of the property of the property shall be entrusted with the assessment of the price of the judicially valid assessment body.
The value of mortgage property may be determined by the collateral party's consultation or by entrusting the assessment of the real estate price.
Article 42, the interesting relationship between the real estate price assessor and the parties involved in the assessment project should be avoided.
Real estate price assessment personnel must be assessed in accordance with assessment procedures and assessment standards, without intentional rise or pressure on the price of the less-marked goods.
When the owner entrusts the real estate assessment body with the assessment, the information should be provided. Real estate price assessment personnel shall not disclose to others the results of the assessment and the technical, commercial secrets of the author.
Article 43 quater objected to the results of the relocation assessment of property, which could be reviewed by the original assessment body within 5 days of the date of receipt of the assessment. There is still an objection to the outcome of the review, which can be applied to the Commission for the ICRM.
Article 44 states that the owner shall guarantee the integrity and accuracy of the results of the mapping, shall not be subject to mapping, severing, without prejudice to the interests of the State, the public interest and the legitimate rights of others. Mapping units are fully responsible for their results.
Article 42 states that, in one of the following cases, the owner or other stakeholders should entrust the property mapping unit with mapping:
(i) Applications for the initial registration of property property;
(ii) Changes in the natural situation;
(iii) The property of the owner or other stakeholders requires the mapping of the property.
Mappings required in the management of property are commissioned by the Housing Authority to carry out the property mapping units.
Article 46 governs the introduction of an annual review system for property brokering services and brokering service providers. Property brokering services and brokering services must be reviewed in accordance with the provisions. No activity shall be carried out with respect to property brokers without approval.
Article 47 accepts that the property broker service accepts the customer's entrustment contract, specifying the rights obligations of both parties, such as the domestic pay standards, the responsibility to default.
Individuals of the intermediary service must not be charged directly to the commissioner, who must be charged by the intermediary service agency.
Article 48 Eighteen administrative authorities should monitor and inspect the operation of the property brokering services. The property brokering service agency should submit a business statistics form to the housing administrative authorities on a quarterly basis.
Article 49 publishes market information advertisements, which must be registered before the advertisement of the relevant documents before the issuance of the communication to the property management body, subject to review consent.
Article 50
(i) Overstandard charges;
(ii) To reject, default on the costs;
(iii) Forfeiture, alteration, transfer and transfer of documents;
(iv) Compilation with one party to undermine the rights and interests of the other party;
(v) Resistance and damage to the rights of the parties;
(vi) To receive payments or property other than the award contract;
(vii) Other acts prohibited by law, regulations.
Chapter VII Legal responsibility
Article 50, in violation of the provisions of this approach, is punishable by the municipal, district (market), district-based administrative authorities.
(i) In violation of article 9, article 33, the transaction is null and void and the parties bear the legal responsibility resulting from the loss of third parties and shall be compensated by law.
(ii) In violation of article 31, the sale unit is fined by 1 per cent of the proceeds of the sale of the property in violation of the provisions of article 30.
(iii) In violation of article 38, the approval of documentation by the relevant authorities is null and void. Intermediation services established in violation are fined by $50 to $100,000.
(iv) In violation of article 42, a fine of 500 to 2000 was imposed on the parties and recommended that the relevant issuing authority revoke its valuation certificate by law.
(v) In violation of article 47, paragraph 2, a fine of $20 to 500.
Article 52 does not determine administrative penalties and may apply to administrative review or administrative proceedings in accordance with the law. Substantial requests for review and failure to prosecute and failure to comply with the penalties decision may apply to the enforcement of the People's Court by law.
Article 53 may apply to an arbitral institution for arbitration or to the People's Court in accordance with the contract for a dispute arising from a property transaction.
Article 54 governs administrative actions by the administrative authorities of the property transaction and the staff of the property administration to perform negligence, abuse of authority, provocative fraud, by their own units or superior authorities; constitutes an offence punishable by law.
Chapter VIII
Article 55 deals with the management of the overseas property trading market, with the application of this approach, in addition to the provisions of the law, legislation and regulations.
In urban planning areas, foreign land-based property transactions are implemented in the light of this approach.
Article 56 of this approach is implemented effective 13 December 2006.