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Shijiazhuang Urban Real Estate Transfer Management Amendment

Original Language Title: 石家庄市城镇房产转让管理办法修正案

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(Summit No. 128 of 8 May 2003 of the People's Government Order No. 128 of 8 May 2003)

First article 2 adds “State land” and deletes “calls”.
In article III, “ownership” was replaced with “law-ownership”, “household property” with “ownership” and “including: (i) sale; (ii) grant and inheritance, allocation; (iii) property transfer; (iv) establishment of a legal or other organization with the owner, as a condition of cooperation; property rights were subsequently transferred; (v) property rights were transferred as a result of businesses and mergers; and (vi) laws, regulations, other licences.
In addition, article IV of the original article adds to “prisoner”.
Delete the original “Article 5 transfer shall not undermine the public interest and the legitimate rights of others; prohibit unlawful transfers such as private transfers, leakage payments”.
V. Delete the former “Article 6 acts in violation of this approach, and any unit and individual shall be entitled to review”.
Article 7 was converted into article 5 by “the competent organ” to “the executive authority”, the “community area” was amended to read “in the area of the city”, with the word “in the context of ...”, and the deletion of “the management of the outskirts of property”.
In the former chapter II, the terms “transfer, procedures” were replaced with “General provisions”.
Article 8 was converted to Article 6 and removed “a certificate of property obtained under the law” and “Country of Cyclones of the port and Chinese citizens who purchase their homes in the city, according to the relevant provisions of the State”.
Article 9 had been converted into Article 7, deleteing “any owner could dispose of its legitimate property by law, but” to replace (i) the title document with the title certificate; (ii) the word “contributors” with “resolving”, delete the words “and (vii) denounced by law;”
Article 8: “The sale and transfer of public and private and affordable housing in accordance with the relevant provisions shall be implemented in accordance with the relevant provisions.”
Article 10, Delete article 10, entitled “Application of the acquisition, construction of urban housing units subsidized by national or entrepreneurship units shall be implemented in accordance with the relevant provisions of the State and local governments”.
Article 11 was converted to article 9, delete “communication”, “a shared owner with a total of property has the right to dispose of its own share”, with the words “equal price conditions”.
Article 12 was converted into Article 10, “Equal price conditions” to “equal conditions”, with the deletion of the phrase “after the sale of the rented property, the original lease contract has been registered and continues to be effective for the new owner and the former tenants”.
The original article 13 has been translated into article 11, the “contract text” has been revised as “the model text of the contract”, and “Uniform production” has been amended to “produce”, adding that “the transferee shall enter into a contract for the transfer of property in the light of the model text”.
Article XV, former article 14, becomes Article 12, “Citizens, legal persons or other organizations engaged in the transfer of property shall be transferred to the management of the property transfer and shall receive the following documents:” Amendments were made to “any transferee shall conduct a transfer procedure within ninety days of the contract of transfer to the administrative authorities responsible for the transfer of property and to receive the following information:” “(iii) the transfer of contracts or corresponding legal documents; (iv) other relevant documents”. Delete “(iii) the sale of commodity houses by the property development unit and subject to a licence for the sale of commodity properties that are subject to the approval of the local, town-ownership government documents; (vi) the transfer of property from the licensee, tenants or subsidized property units; and (v) the purchase of residential property belonging to the collective land; and (vi) the transfer of property from the public service units and the transfer of documents to the public service; and (vi) the sale of the property rights granted by the housing units.
Article 16, former article 16, was replaced with Article 13, “Management for the transfer of property” with “the administrative authority for the transfer of property” and increased the time frame for processing “7 days” and “Option of transfers within 15 days”.
Article XVII, former article 15, has been converted to “transfer prices” to “transfer prices”, adding that “the declared transfer price is significantly lower than market prices and is assessed by the real estate price assessment body established by law”.
The deletion of the original “Article 17 property price assessment” shall be evaluated by the institution established by law. The housing assessment body shall conduct an objective, fair and reasonable assessment of the housing price, in accordance with the relevant provisions of the price management and the construction, destruction, quality, structure, environment, level and orientation of the transfer of property.”
Delete the former “Article 19 in accordance with conditions and procedures, and the management of the transfer of property shall carry out the transfer process within thirty days of the date of receipt of the application of the party to the transfer of property.”
Delete the original “Article 21, Management of Transfers, for management needs, to collect management fees and their costs to the transferee of property, shall be implemented in accordance with national and provincial regulations.”
The original article 18 was changed to article 15, “Currence of tax payments” as “Currence of tax payments at declared prices”, and “declared price” was revised to “statement of transfers”, and the deletion of “after the price of the property assessment shall pay the tax rate at the declared price”.
Article 20, former article 20, was changed to article 16, “The parties”.
II. Article 22
“Article 17 Transfers of commodity premises, including the sale of current premises and the sale of premises.
Article 18 Commodityhouses are now sold, and real estate development enterprises should be registered in accordance with the law.
Article 19 Commodity premises are subject to a pre-sale licence regime.
Article 20 The sale of commodity premises shall be subject to the following conditions:
(i) The right to land use is obtained by means of making it legally registered and obtained a land-use certificate;
(ii) A licence for construction work planning for commodity houses;
(iii) Access to construction work permits for commodity buildings;
(iv) In terms of the provision of pre-distributed commodity buildings, the funds for development are more than 25 per cent of total investment in construction;
(v) The construction progress and completion date of delivery of commodity premises has been identified;
(vi) Regulatory agreements with banks registered in this city (hereinafter referred to as the Regulatory Bank);
(vii) A contract for the management services of the former industry has been concluded with the property industry management enterprise;
(viii) A licence for the sale of commodity premises.
Article XXI requires the development of the property for the sale of commodity premises, which shall apply to the administrative authorities for the transfer of property and submit documents that are in compliance with the provisions of article 20 of this approach, as well as the overall picture of the commodity premises, the subscriptive intentions and the pre-sale programme.
The administrative authority for the transfer of property shall be completed within 10 days of the date of receipt of the advance sales request. (a) A decision not to pre-empt the sale and written notification of the applicant's licence to be granted to the commodity premises in accordance with the conditions of the sale.
The date of issuance of the licence for the sale of pre-releaded commodities was granted for the granting of the sale.
Article 2
Advertising the sale of commodity premises must contain the approval of the licence for the sale of commodity premises.
In the case of the development of the enterprise for the sale of commodity premises, a licence for the sale of the commodity premises should be made available to the pre-removal owner and a contract for the sale of the pre-removal.
Article 24
Article 25. Removal of commodity reserves collected by real estate development enterprises should be delegated to regulatory banks for the construction of pre-sold commodities.
Article 26 The rowinger will sell the already mortgaged commodity premises, which must be granted in writing by the collateral and written notice of the purchaser; and the leaf shall not pay the goods already sold.
Article 27 has already been sold, and real estate development enterprises may not change their construction designs themselves. A change planning or design unit has been approved by the planning sector to agree on a change design, and a real estate development enterprise shall, within 10 days of the date of the change in the establishment, notify the requisitioner in writing and enter into a change agreement with the prospective buyer.
The requisitioner has the right to make written responses to the refund of the house within 15 days of the date of receipt of the notice. No written replies were made by the advance owner within 15 days of the date of the notice, depending on the changes in the approval of the planning, design changes and the resulting premiums. Real estate development enterprises do not notify the requisitioner within the prescribed time frame, which is entitled to lift the advance sales contract and assume responsibility for default by the real estate development enterprises.
The second eighty-eighth contract was registered and the requisitioner transferred the pre-disposed commodity premises, with a written transfer contract with the transferee and written notification of the development of the enterprise. The rights obligations set forth in the pre-old sales contract were subsequently transferred.
The transfer of pre-disposed commodity premises shall be subject to the procedures for the transfer under Article 12 of this approach.”
In addition, “chapter IV transfers in construction works”. Article 5 was added as articles 29 to 33:
“Article 29 transfers of homes in construction shall be in accordance with the following conditions:
(i) The right to land use has been registered in accordance with the law and access to land-use documents;
(ii) A licence for construction planning;
(iii) Access to construction work permits;
(iv) Development investments in housing construction have been completed by more than 25 per cent.
(v) The construction of houses is registered.
The transferee shall enter into a transfer contract with the transferee when construction works are transferred.
Article 31 Transfers of homes in construction work shall enter into force after the transfer of contracts and process transfers in accordance with Article 12 of this approach.
Article 32 of this approach shall be subject to the conditions set out in article 20 of the scheme and, in accordance with article 21 of this approach, to the licence for the sale of the property.
Article 33 XIII states that, prior to the transfer of construction works, the housing transferee shall notify the requisitioner in writing of the transfer of the house in construction. The licensor was entitled, within thirty days of the date of receipt of a written notice, to request the lifting of the sale contract and to assume responsibility for default by the licensor.
The pre-removal contract shall be terminated by the pre-existing construction project transferee.
Twenty-third and former “chapter III penalties” were replaced with “chapter V”.
Article 24, former article 22, was changed to article 34, “Management authority for the transfer of property”.
Article 25, former article 24, was changed to article 36, “Transfer, Exchange”.
Twenty-sixth and delete the former “Article 26 conceals the price of the transfer of property, steals tax fees, and may be punished by law by the price management in violation of price management provisions”.
Twenty-seventh, an increase in “article 38 does not obtain a licence for the sale of commodity houses or houses in construction works, ordering them to stop the sale and forfeiture of proceeds of an offence, with a fine of up to 1 per cent of the advances paid. Removal of pre-released sales orders to correct and impose a fine of up to three0,000 dollars.”
Twenty-eighth, additional “removal of Article 39, forfeiture of licences for the sale of commodity premises or other related approval documents, shall be confiscated by the administrative authorities of the estate and shall be fined up to three0,000 dollars.”
Article 28 was changed to article 40, in which the Administrative Review Regulations were replaced by the Administrative Review Act.
Article 30, former article 29, had been changed to article 41 to add “abuse of mandates, bribes”, to amend the term “infault” as “incrus suspected”, and to “criminal liability”.
The original “Challs of chapter IV” was replaced with “Chapter VI”.
Article 42
Article 33, former article 33, was converted into article 43, which states that “[i]never, from the date of publication, the matrimonial transaction management approach, which was enacted in a nine-year period of time, stopped implementation”. Replace the words “Effective of 15 June ” with the words “Effectively”.