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Cities In Henan Province Real Estate Transaction Management

Original Language Title: 河南省城市房地产交易管理办法

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(Conference No. 67 of the People's Government Order No. 67 of 23 March 2002)

Article 1 provides for the regulation of urban real estate transactions, the protection of the legitimate rights and interests of the parties to the transaction, the promotion of the development and flow of stock housing in the real estate market and the development of this approach in line with the People's Republic of China Urban Property Management Act and relevant national laws, regulations and regulations.
Article 2. This approach applies to transfers, mortgages of land-use transactions in the State-owned land area of the province's urban planning area and the State-owned land-use transactions covered by the property transaction.
For the first time, the purchase of housing and affordable housing is carried out in accordance with the provisional approach to the management of municipal transactions on housing and affordable housing in Southern Province.
Article 3 of this approach refers to the acquisition of housing and affordable housing in the context of the current sale and sale of communes in real estate development enterprises, the acquisition of commodities and the first market transaction.
This approach refers to real estate transactions, including property transfers and mortgages.
Article IV. The Ministry of the People's Government is responsible for the management of property transactions within the province's administration. The property management of property transactions within the current administration is the responsibility of the above-ranking people's government property management.
The land management of the above-ranking people's Government should be better in the administration of land in line with the provisions of this approach.
Article 5
The Government of the urban, district (commune) is responsible for the management of property and land management in a sector or agency, which may produce, issue a unified certificate of property rights, identify and change the ownership of the house and the land-use rights within the scope of the house's occupation, and are included in the certificates of property rights.
Article 6
More than the people at the district level, the land administration, in the process of dealing with property transactions, should work in conjunction with the principle of the efficient functioning of the public and in advance communication to deal with property transactions within the time frame.
Article 7. The owner of the real estate transaction may commission the agent's transaction by entrusting the agent with a letter of authorization, specifying the terms of reference.
Article 8. Real estate transfers shall enter into contracts for property transfers by both parties and shall, within 30 days of the date of the contract for the transfer of property, be subject to a housing ownership certificate, a land-use certificate, the identity of the parties, the transfer of documents, etc., to the property management of the house, the land management application for the processing of transfers.
In order to meet conditions, real estate management, land management shall be registered by a household within 15 days of the date of the party's application, a certificate of ownership of the nuclear property, a land-use certificate, and a clear response to the non-conditional conditions.
Article 9. When the parties carry out the exchange of property, their price is exempted from the equivalent tax, and the excess price portion is paid to the tax in accordance with the prescribed criteria.
The parties sold the purchase of property within one year of the original real estate as exchanged with the property.
Article 10 transfers of shared property shall be subject to written consent of all commons; they are traded and, under the same conditions, there is a priority to buy.
The transfer of property that had been rented but had been left under the lease period, the lessor should notify the lessee in writing for a three-month period; that was sold and, under the same conditions, the lessee had a priority right to buy; and, if the owner was a non-signee, the lessor should be informed of the issue of the borrower's rent and that the original lease contract would continue to be effective.
Article 11. Removal of commodity premises shall apply to the real estate management for a licence for the sale of commodity premises.
The real estate management, upon receipt of the request, should test the relevant documents and information and conduct the field survey. After review of the conditions of the sale, a licence for the sale of commodity premises should be issued within 7 days of the request. In the case of non-compliance, a written notice should be given to the advanceer and to the reasons for non-nuclearization.
Unless a licence for the sale of commodity premises has been granted, the pre-disposed seller shall not be subject to the sale of commodity premises.
Article 12. Removal of commodity premises and the buyer shall enter into a written contract for the sale of goods. The Commodity Device shall report on the registration of the local property management on 30 days from the date of the contract.
When a commodity owner obtains a licence for the sale of a commodity housing facility, an advance sale advertisement may be issued. The content of pre-sold advertisements must be true, accurate, without misleading, deceiving the public and incompatible with the pre-sold commodity housing project, and should contain the number and issuance of licences for the sale of commodity premises.
The issue raised by the commodity owner for the advertising and publication of the information provided by the propellant was expressly raised, and the owner was entitled to require an agreement in the contract for the sale of goods.
Article 14.
The owner shall not be allowed to change the name or name of the contract or invoice.
Article 15. The collateral party shall, within 30 days of the date of the conclusion of the real estate mortgage contract, hold the relevant documents to the local property administration for the processing of the mortgage registration process. The real estate mortgage contract entered into force on the date of registration.
The termination of the mortgage contract shall be completed by the parties from within 15 days of the date of the suspension to the original registration sector for the write-off registration process.
In real estate mortgages, the collateral party considers that the assessment is needed and should be evaluated by an assessment body with a corresponding valuation.
During the real estate mortgage period, the collateral shall not dispose of the mortgage's property or doubling, alteration, expansion of property without the written consent of the collateral.
According to the mortgagee, the mortgageable property may be transferred or rented.
When the same property creates more than two mortgages, the collateral shall inform the mortgagee of the already established mortgage.
The collateral shall not exceed the value of its collateral.
After the mortgage, the value of the property is greater than the balance of the secured claim, which may be reprimed but cannot exceed the balance.
Article 18 provides for a violation of the provisions of this approach, in accordance with the provisions of the relevant national legislation, legislation and regulations.
Article 19 refession, alteration of home ownership certificates, land-use certificates, respectively, are confiscated by property management, land management, and fines of up to 5,000.
Article 20, in violation of the provisions of this scheme, allows for the sale of commodity premises to be responsibly ordered by the property management to meet the conditions for the sale of commodity premises and to receive a fine of up to 1 per cent of the royalties that are not in accordance with the conditions of the sale;
Article 21, Property management, land management and staff, with one of the following acts, is administratively disposed of by the main head and the direct responsible person by the unit or superior authorities, which constitutes a crime and is criminally criminalized by law:
(i) In violation of article 6 of this approach, the creation of barriers to the owner is not accompanied by a housing title certificate, a land-use certificate and other transactional or sectoral staff;
(ii) In violation of the provisions of this approach, there is no reason to proceed or to proceed with the processing of property transactions on time;
(iii) In violation of article 11 of this approach, there is no justification for the granting of a licence for the sale of commodity premises.
The second article is disputed by the parties as a result of the real estate transaction, which may be resolved through consultation, may be inconsistent or unwilling to consult, and may apply for arbitration in accordance with the agreement or bring proceedings before the People's Court.
Article 23 of the parties' decisions on penalties for property management, land management may apply, in accordance with the law, for administrative review or administrative proceedings, for review, for failure to prosecute and for administrative sanctions decisions, and for the enforcement of the People's Court by the organs that have decided to impose penalties.
Article 24