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Xuzhou Municipal People's Government To Amend The Decision Of The Housing Lease Management In Xuzhou City

Original Language Title: 徐州市人民政府关于修改《徐州市城市房屋租赁管理办法》的决定

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(Act No. 50 of 14 July 1998 of the Government of the People of the State of the city of Wellness issued on 7 April 2004 a revision of the 45th Standing Committee of the People's Government of the State of 11 May 2005 to consider the adoption of Decree No. 106 of 13 May 2005 of the People's Government of the State of Wellel State, which came into operation on 15 June 2005)

Paragraphs Page
Article 3 adds two paragraphs: the public safety, business, geo taxes, finance, prices, land and civil affairs, in line with their respective responsibilities, should play a full role in the management of housing rentals.
The Street Office and the Residential Commission should assist in the management of the rented homes.
Article IV is adjusted to Article 2, paragraph 2.
Article IV amends as follows: “In one of the following cases, housing rental management should be included: (i) in the name of a unit, contract, etc., for the use of houses in the name of the other, for the purpose of obtaining a fixed benefit or sequential income, and (ii) distributing homes to other persons, such as counter desks, slots, hotels, hotels, hotels, hotels, hospitality, etc.) or for other houses as fixed office or operating premises; and (iv) for the purpose of using the rental funds to the public.
Article 7, paragraph 1, adds four: (iv) rents are granted to escrow houses and should also be submitted to the escrowman's authorization for rent; (v) rents should also be submitted in writing with the consent of the lessor; (vi) rental of a total house should also be submitted to other co-located certificates; and (vii) rental of closed houses should also be submitted to the collateraler's certificate of consent. In addition, paragraph 2: “The property management shall, within three working days of the date of receipt of the request for a housing rental registration request, register the registration request and give the certificate of the house rental registration; do not meet the conditions of the registration request, do not have a registration file and provide written reasons.”
Article 13 deletes subparagraphs (i), (ii), (iii) and amends as article 12, paragraph 2, to read: “The rent of homes shall not be granted to the non-idental and married women without family planning”.
Article 11 was added: “The renter must pay the tax by law and the rental contract is significantly lower than the rental of the same type of housing market, which is governed by the law of the tax sector”.
Article 12: “The property management shall establish a housing rental information system with the relevant administrations, such as the tax sector, the business administration, the public security authority. The business sector, in the processing of business licences, the tax sector, in the processing of tax registration certificates, the public security authorities, register at the household slogan or temporarily, shall be inspected to the property management for the registration of rented houses for production, operation, residence.
Article 13 was added: “The intermediary involved in the rental of homes shall communicate to the lease party the procedures for the registration of the lease contract and to assist in the management of the rental of homes when the house is authorized to operate.”
Article 20 was added: “The housing lease is not subject to this approach to a registration request, which is due to the period of time in the city, the district (market), the Jayongyong Housing Authority. Until such time, a fine of up to $50 million for the rental of dwellings may be imposed; a fine of up to 5,000 dollars for non-residents.”
Article 21: “In violation of article 5, subparagraph (v), of this approach, the rental of dangerous homes may be fined by more than 5,000 dollars, in addition to the withdrawal of the lease registration file”.
In addition, the wording of part of the provisions was amended and the order of the provisions was adjusted accordingly.
This decision has been implemented effective 15 June 2005.
The Modalities for the management of urban housing in the city of Wellel have been released in accordance with this decision.

Annex: Urban home lease management approach (Amendment of 2005)
(Act No. 50 of 14 July 1998 of the Government of the People of the State of the city of Wellness, amended on 7 April 2004 and revised in accordance with the Decision of the Government of the State of the city of Wellel on 13 May 2005 on the revision of the scheme for the management of urban rental housing in the State of War.
Article 1 provides for the development of this approach in line with the laws, regulations and regulations of the National People's Republic of China's Urban Property Management Act, the Regulations on the Management of Urban Property in Wellu City.
Article II applies to housing rentals within urban planning areas within the city's administration.
Citizens, legal persons or other organizations should respect this approach by granting rents to other persons or to other persons for housing or for the administration and operation of houses and their subsidiary facilities. The Government of the State, the province and the people of the city also provides for the rental of public houses, from which it is provided.
Article 3 is the administrative authority for the rental of urban homes, in the city, in the district (community), in the Jayon district.
The sectors such as public security, business, geo taxes, finance, prices, land, and civil affairs should play their functions in close collaboration with their respective responsibilities and co-ordinate the management of home rental.
The Street Office and the Residential Commission should assist in the management of the rented homes.
Article IV states that:
(i) The provision of homes in the name of joint ventures, contracting, to others, to obtain fixed benefits or to divide incomes without taking operational risks;
(ii) Separation of houses to others, including the counter desk, the user pays about price payments;
(iii) The hotels (the hotels, restaurants, guests, hospitality etc.) make their hotels or other houses available to others as a fixed office or operating place, and are registered as a registration address by the user to pay about the pricing money;
(iv) The use of houses to others, with the use of the user paying about the pricing money;
(v) A public housing with government pricing will be made available to others, with the use of the user paying about the pricing money;
(vi) Leave and renting homes in other ways.
Article 5 contains one of the following cases:
(i) No property rights documents are obtained by law;
(ii) Unauthorized by the owner of the house;
(iii) The right is controversial;
(iv) There is no written consent of a wide range of homes;
(v) The identification of a hazardous house by the property management;
(vi) The mortgaged homes without the written consent of the collateral;
(vii) In accordance with the law of the judiciary, the executive branch shall determine, decide, seal or otherwise limit the right to property;
(viii) Laws, regulations prohibit other rental houses.
Article 6.
The owner of the housing lease contract shall apply for the registration of the property management of the home location within thirty days of the written lease contract.
Article 7 Applications for a home lease registration request and the parties shall submit the following material:
(i) A certificate of ownership of the home or other legal rights certificate;
(ii) Housing rental contracts;
(iii) Legal identity certificates;
(iv) The renting of the escrowded house shall also be submitted to the certificate of the award of the escrowder;
(v) Rental houses should also be submitted in writing to the lessor's consent to the lease;
(vi) Separation of a total of houses should also be submitted to other co-locators for approval of the rent;
(vii) Rental of mortgaged homes should also be submitted to the certificate of consent of the mortgagee.
The property management shall, within three working days of the date of receipt of the request for a house rental registration request, register the registration case and provide a certificate of the house rental registration; do not meet the conditions of the registration request, do not have a registration request and provide written reasons.
Article 8. During the rental of homes, the transfer of property rights, the increase in the area of housing, the modification of the name of the lessee (or unit) and changes in the use of the house, the lease party shall have a certificate of the rental registration and the lease contract, and, within 15 days of actual change, apply for the registration of the property management.
To put an end to the rental of homes, the leaser shall apply for the write-off of registrations to the property management within five days of the termination.
Article 9. In one of the following cases, the property management may withdraw the home rental registration request:
(i) A rented house consists of one of the provisions of article 5 of this scheme;
(ii) The authentication material submitted by the parties to the lease registration file;
(iii) The price of the lease is not declared by the parties;
(iv) Other cases that may be withdrawn by law, regulations and regulations.
Article 10 rented homes to the outside population, and the renter should be registered with the public security at the house within ten days of the rent.
The renter of the house shall not be allowed to reside in the outside population without identification of the undocumented and married woman without family planning.
Article 11. The renter must pay the tax in accordance with the law and the rental contract is significantly lower than the rental of the same type of housing market, which is governed by the law.
Article 12 The housing management should establish a housing rental information system with the relevant administrations, such as the tax sector, the business administration, the public security authority.
The business sector, when dealing with business licenses, the tax sector is carrying out tax registration certificates, the public security authorities register at the time of the processing of household slogan registration or suspension of the certificate, shall be inspected to the property management of the housing lease registration certificate.
Article 13 Intermediation agencies engaged in renting houses should be informed of the procedures for the registration of lease contracts by the leaser party and to assist in the management of housing leases.
Article 14. The parties to the rental of homes shall enter into a written lease contract in accordance with the law and shall have the following main provisions:
(i) The name of the party (or the name of the unit) and residence;
(ii) The location, area and number of homes;
(iii) Leasing purposes;
(iv) The duration of the lease;
(v) Rental and delivery modalities;
(vi) Responsibilities for house repair;
(vii) The agreement on the lease;
(viii) The rights and obligations of both parties;
(ix) Liability for default;
(x) Ways of resolving disputes;
(xi) The parties are of the view that other provisions requiring the agreement are required.
Article 15. The duration of the rental lease, the termination of the lease contract and the need for the lessee to continue to rent, shall be submitted three months prior to the expiration of the lease period and, with the consent of the lessor, to re-establish the lease contract. The parties have agreed otherwise, from their agreement.
During the lease period, the home rental owner was transferred and the home transferee should continue to perform the original lease contract.
The renter was killed within the lease period and its successor should continue to perform the original lease contract.
Article 17, with the consent of the lessor, shall extend part or all of the leases to the tenant and the licensee shall enter into separate lease contracts with the tenants and process procedures for the lease registration of the house. The termination date of the lease contract agreement shall not exceed the date of termination of the original lease contract agreement, except where the parties to the lease are otherwise agreed with the owner.
In one of the following cases, the contract may be changed or removed:
(i) The parties have agreed in consultation and do not violate the relevant provisions;
(ii) The contract cannot be continued owing to force majeure;
(iii) The other party did not perform the contract within the time frame of the contract agreement.
The parties may resolve through consultation or mediation when the lease contract is disputed. The parties are reluctant to apply for arbitration to arbitral bodies, either through consultation or consultation or mediation, in accordance with the terms of arbitration in the contract or the written arbitration agreement concluded after. The parties have not entered into an arbitration clause in the contract and no written arbitration agreement may be prosecuted before the People's Court.
Article 20 Housing rentals are not subject to the provision of registration clearances under this scheme and are handled by the time limit of responsibilities by municipalities, districts (markets) and the Jayongyong Subregion. Until such time, a fine of up to $50 million for the rental of homes may be imposed; a fine of up to $50 million for non-residents.
Article 21, in violation of article 5, subparagraph (e), of this scheme, provides for the rental of dangerous homes, which may be fined by more than 5,000 dollars in addition to the withdrawal of the lease registration file.
Article 2 is incompatible with administrative penalties, which may be applied by law for administrative review or prosecution, for deference to a review or prosecution, and for administrative sanctions decisions, and for enforcement by the organs in which the punishment decision is taken.
Article 23, Staff of the Housing Authority, who play a role in negligence, in favour of private fraud, is subject to administrative disposition by law; constitutes an offence and are held criminally by law.
Article 24 The provisional scheme for housing rental management in the city of Well State, issued on 25 October, was repealed.