Shenzhen Real Estate Market Regulation

Original Language Title: 深圳市房地产市场监管办法

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Shenzhen real estate market regulation

    (July 9, 2010 Shenzhen Municipal People's Government promulgated as of September 1, 2010, No. 221) Chapter I General provisions

    First to strengthen Shenzhen (hereinafter the city), real estate management, real estate development, brokerage, and valuation, maintaining the order of real estate market, protect the legitimate rights and interests of the parties involved, in accordance with the relevant laws, rules and regulations, combined with the city's actual, these measures are formulated.

    Second approach applies within the administrative area of the city in real estate development, brokerage and appraisal activities and the corresponding management of real estate market.

    Article in real estate development, brokerage, and valuation shall adhere to legality, equality, fairness and the principles of voluntariness, honesty.

    Real estate development companies, brokerage and valuation of the legitimate rights and interests of the institutions and their employees are protected by law, no unit or individual may unlawfully interfere with their operational activities and results.

    Real estate development companies, brokerage and valuation of business activities of the institutions and their employees shall keep informed the parties of information, personal privacy and business secrets of the conservative party, shall not be an offence to make use of their access to information.

    Fourth municipal property authorities (hereinafter referred to as departments) in accordance with the guidance, inspection, supervision and management of the real estate market.

    Development and reform, industry and commerce, price, construction, taxation, labour, State-owned assets management, banking supervision Department in accordance with their respective responsibilities to regulate the real estate market.

    Fifth Department regulatory requirements according to the real estate market, real estate information system, as real estate transactions, management platform and publishing platform for information on real estate transactions and management to realize dynamic monitoring of the real estate market.

    In addition to public information, the use of digital certification to the real estate information system shall, to obtain the appropriate permissions.

    Information systems management and measures shall be formulated separately by the authorities. Sixth encourages and guides real estate development companies, brokerage and valuation is set up and perfect the relevant real estate industry organizations.

    Real estate industry organizations under the guidance of the Department, in accordance with the laws, rules, regulations, and industry association, implemented the real estate industry self-regulation.

    Real estate industry organizations should actively organize real estate development companies, brokerage and appraisal agencies and their employees training and continuing education.

    Real estate development companies, brokerage and appraisal agencies and their workers should attend training and continuing education, constantly improving the business quality and professional level.

    Chapter II real estate development and management

    Article seventh enterprises engaging in real estate development and management activities shall obtain a certificate in real estate development.

    Prohibited without obtaining the certificate of real estate development of any units and individuals engaged in real estate development, any units and individuals in violation of State land management laws and regulations according to law without authorization on access to construction land use right of the land for real estate development.

    Prohibited sales of development and construction of illegal buildings in the preceding paragraph, any unit and individual is prohibited for sale to provide legal testimony, broker, notary, loans and other services and facilities. Eighth real estate development project should be at the time of Declaration, in accordance with the relevant provisions of the State building capital projects, set up store accounts in commercial banks, for use in construction projects.

    After the commercial bank for the capital projects stored procedures shall be made to the real estate development enterprise proof of capital projects is stored.

    Real estate development project funding, including capital projects, capital projects not in line with relevant regulations of the State, development and reform Department not to approve the project, construction department is not issuing construction permits.

    Before Nineth real estate development project applications were for consent, project capital account balances shall not be less than the project capital of 10%, and after the project plan acceptance certificates, can be extracted.

    Before meets the extraction conditions of use, the real estate development business prescribed in the preceding paragraph shall not in any way be capital projects for other purposes, commercial banks are not allowed to allocate.

    Commercial banks issued false capital storage proof or not complying with the provisions of this article of disbursement of funds, bank regulators should be dealt with according to law and in the credit records as a record of bad behavior. Tenth real estate development enterprise should be in 10th after signing the contract of assignment of the right to use construction land within real estate development project manual.

    Real estate development projects of the major issues in the process of construction and operation shall be recorded in the real estate development project manuals and updates in a timely manner.

    Before the 11th real estate development companies sales of commercial housing, shall reasonably determine the selling price, and price supervision Department. Real estate development enterprises shall abide by the record sale price, clearly the sales of commercial housing.

    Absolutely necessary to adjust sales prices and the adjustment exceeds the record price 15% should be in a filing before the price change.

    Price management departments shall, jointly with relevant departments to develop and publish the rules of conduct in real estate prices, guiding, standardizing real estate development enterprise pricing independently.

    12th pre-sale shall comply with the following conditions:

    (A) has paid the price, and obtain property right certificates;

    (B) the construction project planning permit, construction permit;

    (C) seven-layer (including the number) housing projects have been capped, seven layer above the commercial housing projects have been completed two-thirds layer above the ground;

    (D) to determine progress and completion dates;

    (E) the pre-sale project and its land use right is not set him right and not by the judicial or administrative authorities sealed up or seized;

    (Vi) capital projects capital account balance not less than item 10%;

    (VII) other conditions stipulated by laws and regulations.

    Advance sale of commercial real estate development companies in the legally obtained permits, may not directly sell or to internal sale, internal recognition chips means sales of commercial housing.

    The 13th after obtaining pre-sale permit, information system of real estate enterprises should in real estate around the 10th a publicity all pre-sale, sale time, place of sale, sale and pre-sale prices shall not be undertaken by means of internal sale and internal recognition raised closed sale.

    14th real estate development companies sales of commercial housing, should be in place of publication the following materials:

    (A) purchase guidelines

    (B) licence and a certificate of qualification;

    (C) the construction of land use planning permits, construction project planning permit and construction permit;

    (D) the sale and pre-sale permit should publicity;

    (E) construction land use right grant contract;

    (F) the contract of sale of commercial housing models and accessories

    (VII) real estate project master plan and survey reports;

    (H) commercial energy consumption and energy-saving measures and protection requirements, insulation works the warranty;

    (I) the sale of control lists;

    (J) the temporary management rules;

    (11) name of the prophase Realty service, charges and property services contracts;

    (12) the laws, rules and regulations and competent authorities require publication of other materials.

    15th real estate companies should purchase queries and the purchase of commercial housing town planning, public facilities, and facilitate the development schedule, and other information.

    16th real estate enterprises should provide real estate through real estate information systems Department offers and sale contract demonstration text.

    Real estate developers and home buyers, by consensus, can change in accordance with the model provisions, or More or Less, but shall not violate the laws and regulations of the mandatory provisions as well as the transfer of the right to use construction land of the contract.

    Pre-sale real estate development enterprises shall, from the date of the contract of sale of commercial housing in the 10th, will be submitted to the competent authorities of contracts signed by the real estate information system records.

    17th real estate development enterprises sells ads, brochures, sample rooms, descriptions and promises of housing and related facilities specifically identified, and sale contract conclusion and determination of prices had a significant impact, should be treated as content of the contract of sale of commercial housing.

    Real estate enterprises should model room decoration materials and prices, specifications and other information in writing detailed and itemized is consistent with the sales of commercial housing, at the entry model to influential positions.

    Real estate development companies did not provide a model description model is to define the specific houses and related facilities and promise; not description, clear project description model, the project is to define the specific model of housing and related facilities and promise.

    18th in the advance sale of commercial housing projects completed, advance sale of commercial housing must be earmarked for the purchase of the project required the construction of building materials, equipment and pay for construction project in terms of progress (including wages and social security) and statutory taxes and fees, administrative penalties, and shall not be appropriated for other purposes. 19th article real estate development enterprise using pre-sale paragraph paid statutory tax, and administrative fine of, should by statutory tax meter tax according to, and voucher or administrative punishment decided book to commercial banks application extraction using; using pre-sale paragraph paid engineering progress paragraph (containing wage and the social security) or construction material, and equipment payments of, should by by supervision enterprise and construction Enterprise common confirmed of construction plans, and construction progress description, and construction enterprise or material equipment supply Enterprise collection account to commercial banks application extraction using,

    Payments paid directly to construction companies and suppliers of materials and equipment. Commercial banks receive pre-sale allocation requests, can be on-site inspection progress.

    Check considers the application of payments and progress differs markedly from, commercial banks should refuse the allocation.

    Commercial banks are not in accordance with this article 18th, 19th article allocation of pre-sale, bank regulators should be dealt with according to law and in the credit records as a record of bad behavior.

    20th real estate enterprises should advance to the application and disbursement rates in the project manual. Real estate development enterprises shall, in accordance with the relevant provisions, in real estate development projects in time for settlement procedures after acceptance, to construction companies to pay the settlement.

    Real estate enterprises should work (including warranty gold) all contractual payments completed before they can open the advance sale of commercial banks perform special account cancellation procedures.

    21st commissioned sales agents real estate real estate brokers real estate development enterprises, shall publish it in commercial advertisements as well as containing the trustee real estate brokers name and file number.

    22nd real estate development enterprises of failing to land development and construction idle, the competent Department shall dispose of, and included in the credit file.

    Real estate development enterprises on idle land disposal plan calls for the relevant disposal responsibilities until the departments in land bidding, auction and listing prohibited the public transfer of conditions, such as real estate developers and their controlling shareholders in bidding.

    23rd real estate development companies in the real estate sales activity, without damaging the interests of the purchasers of the following acts:

    (A) the outstanding real estate sales contracts, will serve as the subject-matter of the contract of commercial housing will be sold to others;

    (B) entered into false contracts;

    (C) violation of sold commercial housing price registration system;

    (D) before obtaining pre-sale permit, and buyers who sign a subscription for commercial buildings, or with the intent to gold, good faith payment and charge purchasers ' deposit, down payment or other forms of purchase;

    (E) against the wishes of buyers, tying other products, compulsory or forced service in disguise and charge a fee or additional purchase to provide proof of funds and other unreasonable conditions;

    (Vi) other behaviors prohibited by laws, rules and regulations.

    24th real estate development enterprises in the real estate development and operation, violations shall not have the following prices:

    (A) the agreements, decisions or other concerted acts of collusion, uniform price fixing, maintaining, changing;

    (B) through the hoarding of withhold cover housing, property hoarding, including limiting the number of sales, price fixing;

    (C) fabricating and spreading information such as prices or availability of breakthrough, bidding up prices, triggering market panic, pushing up housing prices are too high;

    (D) provide the same rating, when the quality of commercial housing, without justification, for different trading partners to implement a different sales price;

    (E) other price-related violations prohibited by laws, rules and regulations.

    25th real estate development enterprises in the real estate development activities, shall not be in any of the following acts of unfair competition:

    (A) the unauthorized use of another's enterprise or project name and on behalf of its name, logo, graphics, code, make a man mistaken for a commercial or business activities;

    (B) falsification or fraudulent use of certification marks, well-known marks or other quality marks, false of misleading representation of commercial housing quality;

    (C) to sell real estate for the purpose of using bribery or other means of construction, communications, quality control, water supply, power supply and other enterprises and institutions as well as real estate brokerage, valuation and other intermediaries for bribes;

    (D) by improper means to obtain commercial secrets of others or disclose, use, allow other people to use improper means to obtain commercial secrets;

    (E) fabricating and spreading false facts to harm a competitor's business reputation, the reputation of goods;

    (Vi) law expressly prohibits sweepstakes;

    (VII) use advertisements or other methods, a misleading false advertising of the goods;

    (H) the laws, rules and regulations against other acts of unfair competition.

    Article 26th real estate agencies, appraisal agencies and their employees shall not real estate development enterprises in implementing these procedures set forth in 23rd to 25th provides services or facilities.

    Chapter three real estate brokers

    27th real estate broker included in these measures of real estate brokers and support staff.

    Real estate agent mentioned in these measures refers to real estate broker to obtain a practising certificate in accordance with national and registered persons.

    Real estate brokers to set up branch offices shall belongs to real estate brokers, on behalf of the foreign business.

    28th real estate brokers (including branches established by law, the same below) real estate brokerage business in this city, shall, after obtaining the business license, 30th or 30th after the implementation of this approach with the following materials to the competent authorities for the record:

    (A) business license;

    (B) the identity of the legal representative or responsible person;

    (C) the real estate brokerage personnel qualifications, proof of employment contracts and social security pay;

    (D) filing of other material released by the authorities.

    Authorities shall on receipt of the prescribed in the preceding paragraph within 5 working days of filing, the filing procedures.

    Commerce and Labor departments to facilitate the authority verification real estate broker filing.

    29th practice of real estate brokerage personnel, should join the real estate agencies and registered in accordance with the regulations at the Authority (hereinafter referred to as the practice registration).

    Real estate broker support staff should be familiar with the related laws, regulations and provisions relating to management, has some real estate expertise to master real estate transaction procedures and practice techniques and skills, secondary real estate agent business.

    Real estate agent should be to guide business behavior of auxiliary staff, bear responsibility for its practice. 30th real estate agencies and their employees shall, in accordance with the regulations on the administration of urban real estate intermediary services of participating departments annual inspection.

    Failed to pass the inspection, rectification before qualified according to the requirements, shall not continue to be engaged in real estate brokerage.

    31st Department of real estate brokerage business in the city's real estate broker filing information and registrations for the practice of real estate brokerage personnel, through the real estate information system to the public.

    Real estate broker filing information as well as real estate brokerage practice registration information changes of personnel, shall from the date of change in the 30th to the competent Department for change procedures.

    Article 32nd real estate broker shall, in its business premises public notice of the following information:

    (A) licence and a registration certificate;

    (B) the real estate brokerage name and their practice registration information;

    (C) the contract demonstration text issued by the Department of real estate brokerage services;

    (D) the trading guidelines established by industry organizations;

    (E) the services, contents, standards and procedures;

    (Vi) charges, billing, basis and standard of the project;

    (G) the credit file inquiries;

    (VIII) the ways and means;

    (I) competent authorities other matters that require public notice.

    Article 33rd real estate agencies entrusted to operate, should be issued by the Department of real estate brokerage of real estate information system services contract demonstration text real estate brokerage services contract with the client.

    Real estate broker services contract shall be executed by the broker real estate agent for signature, together with real estate agency personnel involved in the brokerage business name and practice registration information.

    34th real estate brokers in real estate broker services contract, shall inform the client of the following considerations:

    (A) the real estate brokerage staff to implement the business name, registration number of practice;

    (B) shall be provided by the client to the work, the necessary materials and documents;

    (C) the General procedure of real estate transactions;

    (Iv) the tax on transactions involving;

    (E) other matters stipulated by laws, rules and regulations.

    Real estate agencies and their workers in the brokerage activity, should inform the client of progress in the services and trade-related matters.

    35th trustee shall provide real estate brokerage real estate brokers necessary materials, and be responsible for the authenticity and validity of the material provided by.

    Article 36th accept principal-agent or real estate brokers provides brokerage services, should the authenticity of real estate rights, disposition of property rights for client identification.

    37th real estate broker foreign publishing houses message should be real and effective, and accompanied by appropriate information encoding.

    Real estate brokers real estate information system should be adopted and the parties sign a written brokerage services contract, obtain housing information coding system automatically generates.

    No unit or individual can be published listing information encoded by real estate brokers, real estate information system to check the appropriate listing information.

    38th real estate brokers or employees on the basis of the brokers buy, sell, lease, rent real estate, should be signed property transfers, rental contracts inform the parties in writing and obtain the written consent of the parties.

    39th without the written consent of the parties to the transaction, real estate broker shall not collect or monitor trade transactions of the client.

    By written consent of the parties to the transaction, real estate agencies can collect or control 5% transactions does not exceed the total transaction price.

    40th real estate brokerage advertising, and shall set forth the name and file number.

    Real estate brokers may not be false advertising.

    41st real estate brokers shall not be any of the following acts:

    (A) hiring or assigning of practice registration no personnel to staff a real estate broker on behalf of or otherwise engaged in real estate brokerage services;

    (B) on behalf of the other enterprise or allows other companies to conduct business on behalf of the enterprise;

    (C) the parties to the transaction conceals the true price of real estate transactions and other information, making trading post;

    (D) the laws, rules and regulations prohibit transactions of real estate agent, broker, brokerage services;

    (E) the facts or fiction to hide the truth, to a client for misleading, fraudulent, or other relevant parties;

    (Vi) compulsory or forced service in disguise and charge a fee, such as acts of unfair competition;

    (VII) for trading parties avoid real estate transaction taxes or other illegal purposes, in respect of the same property facilitates price difference contract entered into various transactions;

    (VIII) other behaviors prohibited by laws, rules and regulations.

    42nd real estate agency personnel shall not be any of the following acts:

    (A) where two or more real estate brokers in practice;

    (B) the contract in his own name or real estate brokerage service remuneration;

    (C) in its own name on behalf of others or allow others to engage in real estate brokerage services;

    (D) to ask for or accept paid outside the brokerage contract or other property, or the use of it, and seek any other illegitimate benefits;

    (E) other behaviors prohibited by laws, rules and regulations.

    The fourth chapter of the real estate (land) valuation

    43rd article of the referred real estate (land) valuation personnel including real estate appraiser, land appraisers and support staff.

    Real estate appraisers in these measures and land appraiser, is achieved in accordance with regulations of the State Real Estate Appraiser Licensing certificate or land appraiser certification and registration personnel.

    Meet the qualification requirements set by the State of real estate (land) valuation institutions can set up branch offices, branches to owning real estate (land) valuation institutions on behalf of the foreign business.

    44th real estate (land) valuation institutions in this city real estate (land) valuation of business, qualification certificate or appraisal within 30th of the following documents to the competent authorities for the record:

    (A) business license;

    (B) the certificate of qualification;

    (C) real estate (land) valuation personnel qualification certificate, certificate of registration, proof of employment contracts and social security pay;

    (D) filing of other material released by the authorities.

    Authorities shall on receipt of the prescribed in the preceding paragraph within 5 working days of filing, the filing procedures.

    Article 45th real estate (land) valuation institutions branches operating in this city, valuation should be in business within 30th of the following departments:

    (A) the branches of business license;

    (B) owned real estate (land) valuation agencies qualification certificate;

    (C) the branch real estate (land) valuation personnel qualification certificate, certificate of registration, proof of employment contracts and social security pay;

    (D) filing of other material released by the authorities.

    Authorities shall on receipt of the prescribed in the preceding paragraph within 5 working days after the filing, for its branch offices filing procedures.

    Article 46th real estate (land) of the practising valuers should be added real estate (land) valuation institutions (including branches established by law, the same below), and in accordance with the regulations in the authority record (hereinafter referred to as the practice registration).

    Real estate (land) valuation support staff should have a certain amount of theoretical knowledge and practical skills.

    Real estate (land) Appraisers should be to guide business behavior of auxiliary staff, bear responsibility for its practice.

    47th Department of real estate (land) valuation record information, and real estate (land) practising valuers registration information to the public through the real estate information system.

    Real estate (land) valuation record information, and real estate (land) the practising valuers registration information changes shall be from the date of change in the 30th, authority to change procedures.

    48th real estate (land) Valuation Office shall their premises public notice of the following information:

    (A) business license;

    (B) the certificate of qualification;

    (C) real estate (land) valuation of people's names and their practice registration information;

    (D) released by the Department of real estate (land) valuation of contract demonstration text;

    (E) the services, contents, standards and procedures;

    (Vi) charges, billing, basis and standard of the project;

    (G) the credit file inquiries;

    (VIII) the ways and means;

    (I) competent authorities other matters that require public notice.

    Real estate (land) valuation Agency published an advertisement shall set forth the name and file number.

    49th real estate (land) valuation institutions entrusted to carry out real estate (land) valuation of the business, should be released through the real estate information system Department of real estate (land) valuation contract demonstration text to enter into a written contract with the client.

    50th real estate (land) valuation institutions and enforcement of real estate (land) valuation business valuation officer with principal or relative valuation business has an interest should be avoided.

    51st real estate (land) entrusted to carry out valuation business valuation institutions shall be assigned two or more certified real estate appraiser or Appraisers.

    Appraisers valued objects should be field view, completes the field view the recording, and the Parties shall assist the client.

    52nd real estate (land) valuation agencies shall report information issued by real estate valuation result.

    Valuation report shall be signed by the appraiser to perform this appraisal, and with their real estate (land) valuation agency seal.

    Signed the valuation report of the appraisers shall report the matter to the valuation of authenticity and legitimacy are responsible for.

    53rd real estate (land) valuation agency evaluation reports internal audit, a review system should be established. Clients and other interested person objects to the valuation reports, you can receive in the valuation report, 5th, to valuation valuation reports issued by agencies for review, appraisal agencies shall respond within the 5th once receiving a review.

    Changed as a result of valuation, valuation report should be issued again; the valuation results did not change, it shall make a written notice and justification.

    54th clients and other interested parties against the results of the review are still objections, can contribute to the real estate (land) valuation industry organizations for the Organization of expert technical appraisal.

    Industry organizations should organize experts for identification, appraisal valuation report concludes that there are no technical issues, valuation report should be maintained; technology appraisal concluded that valuation reports, appraisal valuation reports issued by the Agency should correct the error and restart.

    55th real estate (land) valuation institutions shall not be any of the following acts:

    (A) hire or assign without practising registration of real estate (land) capacity in valuation, or otherwise engaged in the real estate (land) valuation services;

    (B) other name or allow other companies in the name of the enterprise valuation services;

    (C) violation of real estate (land) valuation standards and valuation standards;

    (D) the valuation report issued false or untrue;

    (V) unfair competition;

    (F) the fictional facts or conceal the truth, to a client for misleading, fraudulent, or other relevant parties;

    (VII) other behaviors prohibited by laws, rules and regulations.

    56th real estate (land) valuation personnel shall not be any of the following acts:

    (A) where two or more real estate (land) valuation agency practice;

    (B) the contract in his own name in real estate (land) valuation business or receive remuneration;

    (C) in its own name on behalf of others or allow others to engage in real estate (land) valuation services;

    (D) violation of real estate (land) valuation standards and valuation standards;

    (V) valuation of signing fraudulent or false reports;

    (F) to ask for or accept paid outside of the contract or other property, or the use of it, and seek any other illegitimate benefits;

    (G) the fictional facts or conceal the truth, to a client for misleading, fraudulent, or other relevant parties;

    (VIII) other behaviors prohibited by laws, rules and regulations.

    The fifth chapter of the real estate industry organizations

    57th real estate industry organizations is established according to law and the real estate industry's self-regulating social groups, its management system and members ' rights and obligations prescribed by the regulations.

    Real estate industry organizations, including the Association of real estate development, brokerage, and valuation.
Competent authorities shall conduct operational guidance on the real estate industry organizations.

    Article 58th of real estate development companies and real estate brokerage, valuation agencies to join the real estate industry, as group members.

    Staff of real estate brokerage, real estate (land), members of the real estate valuation industry organizations, as individual members.

    59th real estate organization shall exercise the following functions:

    (A) to develop and implement the industry's rules about, establish a self-discipline mechanism and member credit record;

    (B) for breach of statute or regulation, an industry group for about members, damage the industry as a whole, industry self-regulatory measures taken;

    (C) developing industry training, communication, consultation, exhibitions and other activities, promote the use of new materials, new technology, new technology, improve the quality of industry as well as the quality of products and services;

    (D) publishing market and industry information, featured products or services, and provision of technical advice;

    (E) promotional real estate laws and regulations and related policies;

    (F) regulate the industry, objective and impartial coordination between members, members and non-members, and between members and between Government, disputes between members and consumers, to play its role in safeguarding public interests;

    (G) assist the Government in its investigation, decision-making and policy development activities to relevant government departments involving matters of industry interest, suggestions and recommendations, protecting the interests of the industry and members of the legitimate rights and interests;

    (H) undertake industry commissioned by the competent management, to conduct inspections and evaluations;

    (I) the laws, rules, regulations or Government Department authorized delegates, and other functions under the Statute, an industry group.

    60th real estate organizations shall not be any of the following acts:

    (A) through the development of rules or by other means to monopolize the market, impeding fair competition, harm consumers, the non-members of the lawful rights and interests or public interests;

    (B) engaging in profit-making business activities;

    (C) limiting members to carry out legitimate business activities or to participate in other social activities;

    (D) restrictions, prohibiting Member according to the regulation of the exercise of right, requiring them to fulfil their obligations under regulations prescribed against members in the Organization's legitimate rights and interests of the industry;

    (E) other behaviors prohibited by laws, rules and regulations.

    The sixth chapter, supervision and inspection

    61st authorities established the real estate market supervision and annual inspection system.

    Authorities in performing monitoring and inspection duties, the right to take the following measures:

    (A) enter into the inspected enterprises, consult, extract, copy, business-related materials;

    (B) require enterprises under inspection and personnel qualification certificates, credentials, projects, manuals, and other related materials;

    (C) correct the illegal behavior of enterprises and personnel;

    (D) the laws, regulations and other measures.

    Authorities discovered in the inspection process of the 62nd article real estate development companies, brokerage and valuation agencies and their workers in violation of the law, regulations and acts as provided herein, is processed as follows:

    (A) interviews with actors, and promoting his own specification and correct;

    (B) be ordered to desist from the illegal act and to rectify;

    (C) suspension of information systems;

    (D) the administrative punishment or be transferred to the relevant authorities in accordance with the law;

    (E) drew attention to the construction management departments at or above the law, reduced, suspended, revoked the perpetrator qualifications, qualifications, or that revoked the business license of the business sector.

    63rd Department established real estate market information online publishing platform, regularly publish new housing supply and housing supply and close the transaction information, stock information, employment information, project management, information, real estate, real estate market information such as monitoring reports, and strengthen industry management.

    64th price administrative departments shall establish a price monitoring system to monitor changes in the housing market.

    Real estate general price level volatility and other abnormal condition, price management, jointly with relevant departments of real estate development enterprise, announcements, meetings, announcements, interviews or any other means in writing warned warned, the caution caution has not yet standardize price behavior, violations of price laws and regulations, by price supervision departments for punishment according to law.

    65th price supervision and law enforcement, industry and Commerce departments should strengthen the real estate development business, brokerage and appraisal institutions violation of unfair competition, price regulation, and shall be investigated and dealt with according to law.

    Price supervision and law enforcement departments, the industrial and commercial sector found that the real estate development business, brokerage and appraisal institutions involving price fixing, according to law shall be handed over to anti-monopoly law enforcement agencies in the investigation.

    66th Labor departments should strengthen the real estate development business, valuation and agency labor contract management, employee social security contributions and other regulatory enforcement of labor laws, rules and regulations, real estate development companies, valuation and agency to investigate and punish violations of labor.

    67th supervisory departments should conduct business in the city's real estate development companies, brokerage and appraisal agencies and practitioners, based on its results of operations, credit history and other real estate industry credit file, to the public.

    Real estate development companies, brokerage and appraisal agencies and their employees violate industry self-regulatory codes of conduct, illegal behavior, verified complaint records, administrative penalties and criminal penalties, and so on, should be recorded as bad credit records of their credit file. Competent authorities shall, in accordance with these measures, formulate specific measures for the administration of the real estate industry credit file.

    Competent authorities can delegate administration of real estate real estate industry organization credit file details.

    Authority according to the real estate development companies, brokers bad credit records and valuation agencies and their employees and developing law limiting their engaging in real estate development, brokerage, and valuation of specific conditions and procedures.

    68th no unit or individual is allowed to force or disguised forced real estate development companies, brokerage and valuation agencies to participate in activities such as evaluation, compliance, sponsorships and sales.

    Real estate development, brokerage, and valuation of enterprises organizations are not allowed to organize or attend various competitions without legal approval, sorting. 69th media, reporting, dissemination of false information, misrepresentation of the real estate market, should be publicly corrected via the media, to remove.

    Media is not publicly corrected, relevant departments or related parties may draw attention to press authorities to investigate and punish.

    The seventh chapter legal liability

    70th Department and other relevant departments and their staff in the management of the real estate industry negligence, malpractice, abuse or other violations, shall be subject to administrative liability; a suspected crime, transferred to the judicial organs according to law.

    71st real estate industry organizations in violation of these regulations, article 60th acts, the competent authority shall order rectification, refused to correct, or if the circumstances are serious, authorities transferred to the Department of civil affairs according to law.

    Real estate industry organizations entrusted with duties in violation of these regulations or provisions of laws, regulations and other regulatory acts, the competent authority shall order him to stop or correct violations, if the circumstances are serious, the competent authority shall suspend the entrusted, ordered the real estate industry organizations of the rectification, rectification qualified before the resumption, which host the corporate staff not otherwise engaged in the real estate industry organizations entrusted with the corporate.

    Real estate industry organizations and their staff an unlawful act of a crime, transferred to the judicial organs according to law.

    72nd real estate development enterprises in violation of these regulations, in accordance with the following provisions:

    (A) in violation of these regulations, before applying for sale of real estate development project project capital account balance is lower than capital projects 10%, or project plan acceptance certificate was unauthorized extraction of, the competent authority shall order correction within, fine at 100,000 yuan, issued no pre-sale permit has been issued shall be ordered to suspend the sale;

    (B) the violation of these regulations, has not established a project manual, or not in accordance with the regulations of fill in the project manual, the competent authority shall order correction within, fined 20,000 yuan;

    (C) in violation of these regulations, sale price is not declared for the record, or the adjusted selling price was not in accordance with the provisions for the record changes by price supervision Department ordered corrective action and fine at 100,000 yuan;

    (Iv) in violation of these regulations, access to pre-sale permit to sell or to subscribe, internal recognition chips means sales of commercial housing, the competent authority shall order to stop the illegal sales practices, and according to the actual number of sales of commercial housing to each set fine at 100,000 yuan;

    (E) violation of these regulations, not in place of publicity-related materials, the competent authority shall order correction within, each fined 10,000 Yuan by not publicity materials;

    (F) the violation of these measures, not through the sale of special deposit account charges pre-paid, and rectification by the competent departments, no special accounts receive presale through presale of housing number of 50,000 yuan each to a fine;

    (VII) in violation of these regulations, the 23rd paragraph (a), (b) and (e) one of the provisions of, the competent authority shall order correction within the sales suspension, by the number of violations involving real estate to each set fine at 100,000 yuan;

    (H) the violation of these regulations, is one of the acts set forth in the 24th, 25th, the competent authority shall order correction within; for price violations and unfair competition in the real estate development business, by price supervision and law enforcement departments, the departments of industry and commerce in accordance with the relevant provisions.

    For violation of law is revoked business license or certificate of real estate development enterprises in real estate development, business license or real estate development within 3 years from the date on which the certificate was revoked, relevant authorities shall prohibit by law to its shareholders, directors, supervisors and senior managers in the city engaged in real estate development and management or obtain a new transfer of land use rights.

    Real estate development projects and urban planning can take corrective measures, punishment according to law, before completing the formalities, the competent authority may suspend the project involves illegal construction of part or all of the sales of commercial housing.

    73rd real estate brokerage, valuation firms and their staff members knew or should have known of cases, for the price of real estate development enterprise illegal services or facilitated or acts of unfair competition, the Commerce, industry and price supervision Department be ordered to desist from the illegal act, real estate brokerage, valuation firms, 50,000 yuan fine.

    Construction supervision, construction units and commercial bank, in violation of this regulation, have issued false documents, failure to perform duties, conduct, led to flight sale of real estate development enterprises, the construction sector or the banking supervision Department shall order to stop the illegal practice, fine at 100,000 yuan.

    74th real estate agencies in violation of these regulations, in accordance with the following provisions:

    (A) in violation of these regulations, exceeding the prescribed limits the collecting or monitoring transactions by the parties, by the competent departments ordered to refund the excess amount exceed the amount collected or supervision of transactions for each of 50,000 yuan fine;

    (B) the violation of these regulations, unpublished or not encoded publishing houses the information required, the competent authority shall order correction within, for failure to publish or not to publish each fined 10,000 yuan for housing information coding;

    (C) in violation of these regulations, the 41st (b) through (VIII) provisions in one of the rectification by the competent departments, 50,000 yuan fine.

    Real estate agency personnel in violation of these regulations, in accordance with the following provisions:

    (A) in violation of these regulations, 42nd article one of the rectification by the competent Department, fined 20,000 yuan;

    (B) the violation of these regulations, real estate agent signed business without complying with the provisions, the competent authority shall order correction within, the real estate broker according to the unsigned business number with an RMB 5000 Yuan penalty, owned real estate brokerage agency according to the unsigned business number of each fined 10,000 yuan.

    75th real estate (land) valuation agencies violated these measures, the 55th (ii) to (VII), one of the provisions of, the competent authority shall order correction within, of 50,000 yuan fine.

    Real estate (land) valuation personnel violating these rules, one of the 56th article of, the competent authority shall order correction within, fined 20,000 yuan.

    76th real estate brokerage, valuation agencies violated these measures, without a record of doing business in the city, by the competent authorities a rectification, 50,000 yuan fine.

    Real estate brokerage, valuation personnel violating these rules, without practice registration and doing business in the city, the competent authority shall order correction within, fined 10,000 yuan to real estate brokerage, valuation personnel for practical employment agency fined 30,000 yuan.

    Real estate brokerage, valuation institutions and their branches in violation of these regulations, record information, brokering or practising valuers registration information change do not record such changes in the time allotted by the competent Department of real estate brokerage, valuation agency fined 10,000 yuan.

    77th real estate brokerage, valuation agencies violated these measures, not in place of publicity-related materials, the competent authority shall order correction within, not publicity materials each fined 10,000 yuan fine.

    78th article real estate development enterprise, and brokers and valuation institutions violation this approach, in released advertising Shi not contains Ming real estate brokers, and valuation institutions of name and record number of, by competent sector ordered deadline corrected, on violation this approach released real estate advertising of advertising main, and advertising operators and advertising released who, by business sector respectively at 50,000 yuan fine; has other advertising violations of, in accordance with related legal regulations law processing.

    79th article law established of real estate brokers, and valuation institutions branch institutions has this approach provides should to punishment behavior of, its belongs real estate brokers, and valuation institutions in this city registration registered of, competent sector should directly on its belongs real estate brokers, and valuation institutions made punishment; its belongs real estate brokers, and valuation institutions is not this city registration registered of, competent sector on the branch institutions made punishment Hou, can recommends real estate brokers, and valuation institutions registration registered to related competent sector law for processing. 80th article does not achieve real estate development qualification units or individuals unauthorized real estate development, or in violation of State laws and regulations on land management, without authorization, in failing to make use of land for construction of building on the land, by law be removed.

    On quality and safety and does not seriously affect urban planning can take advantage of, confiscated or levied upon for affordable housing.

    Violation of paragraph II of this article seventh, sales of illegal construction of illegal buildings, illegal gains confiscated by authorities, illegal proceeds cannot be calculated, in accordance with the actual sales of illegal construction by assessing project cost calculation of the amount of the illegal income; suspected of the crime of illegal business operations, transferred to the judicial organs according to law.

    Imposed on the construction of the second paragraph of this article seventh illegal building construction enterprises by building departments to be dealt with according to law; violations of the seventh paragraph these measures, unlawful for the development and construction of illegal buildings provides services or legal services, notary, commercial banks, by the Department of judicial administration, bank regulators dealt with according to law, consistent with their respective responsibilities.

    The eighth chapter supplementary articles

    81st supervisory departments according to the relevant provisions in these procedures, formulation of specific policies, according to prescribed procedures for approval. 82nd these measures shall come into force on September 1, 2010.

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