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Procedures Of Shanghai Municipality For Administration Of Common Property Rights Protection Housing

Original Language Title: 上海市共有产权保障住房管理办法

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(Please No. 39 of the Supreme People's Government Order No. 39 of 16 March 2016)

Chapter I

Article 1 (Legislative purposes)

In order to regulate the housing management of the city's shared property rights, to improve the living conditions of low-income households in towns and to develop this approach.

Article 2 (As applicable)

This approach applies to the construction, supply, use, withdrawal and supervision of a total of property rights guaranteed in the city's administration.

The common property rights guaranteed by this approach refer to guaranteed housing in line with the relevant provisions of the National Housing Guarantee, which are provided by the Government with policy preferences, which, according to the standards, limit the use of a set of areas and sales prices, limit the use of scope and disposal rights, apply to the Government and the purchaser to secure housing for low-income households in the municipalities eligible for conditions in this city.

Article 3 (Managemental responsibility)

The Government of the city has established the municipal housing security coordination body responsible for decision-making and coordination on key matters such as policies, plans and plans for housing security.

The municipal housing security administration is the administrative authority for housing security in the city.

The People's Government is responsible for organizing the construction, supply, use, withdrawal and supervision of housing in the executive area. The housing security administration sector in the district (zone) is the administrative component of housing security in the present administration.

communes (communes) governments and street offices are responsible for receiving, qualification clearance and related oversight management requests for housing security in the administration.

The executive branch, such as the city's development reform, the planning of the land, finance, public security, tax, financial, national qualifications, audit, statistics, economic informationization and inspection, is responsible for the work related to the management of housing, in line with the division of duties.

Article IV (Support of Housing Guarantees)

The municipal housing security administration sector, the district (zone) housing security administration, the commune (communes) and the street offices have identified the corresponding institutions (hereinafter referred to as “housing security institutions”), which assume the affairs of tenure security, and the requirements are guaranteed by the same level of finance.

Chapter II

Article 5 (Planning and planning)

The urban housing security administration sector should prepare the content of housing development planning in the city, in conjunction with the municipal development reform, the planning of the land, the financial sector and the people's governments, in accordance with the factors such as shared property security, urban and rural planning and land use status, and include in urban housing development planning. The municipal housing development planning report was made available to society after the approval of the city's Government.

In accordance with municipal housing development planning, the Government of the People's Government should organize the annual implementation plan for the development of a shared property security scheme in the area (the district) and, with the approval of the municipal housing security administration, the integrated balance of the administrative sector with the urban development reforms, the planning of the land, the financial sector, and the organization of implementation by the Government of the city.

Article 6 (Leal supply)

Shared property guarantees the integration of housing construction sites into the management of land-use plans in the city. The planning of the land administration sector in the city and district (zone) should include, in the organization of annual land use indicators, indicators of shared property security and priority supply.

Article 7.

The choice of a shared property guarantee housing construction project should be based on urban and rural planning, integrated planning, rational layouts, in conjunction with the conditions and costs of development construction, and regional priority arrangements for transport and better living facilities.

Article 8.

A total of property security housing construction projects were identified by the housing security administration sector in the district (zone) to the municipal housing security administration. The declared material should clarify the scope, planning parameters, the overall size of the building, the size and proportion of the package, the conditionality, the construction of tender prices and the development of modalities.

The municipal housing security administration should be determined with the municipal development reform, the planning of the land and the financial sector, after receipt of the declaration.

Article 9 (Modalities of construction)

Shared property guarantees the development of housing through a separate choice site, centralized construction and construction in commodity residential construction projects.

A separate choice site, centralized construction, was established by a construction management body designated by the People's Government of the Region (Parliament) to determine the development of businesses with corresponding qualifications and good social credibility through tenders by project legal persons; or by the direct organization of the development of construction by the people of the District (zone). Relevant administrations such as the reform of the city, environmental protection, the planning of the land, housing security and construction should give priority to the processing of the related procedures for the project on shared property security.

Construction in commodity residential construction projects should be based on a clear proportion of construction and construction requirements, as well as parallel construction and delivery of commodity homes, in accordance with the provision for a national land-use transfer document. After the construction, a shared property guarantee should be transferred to a housing security institution in the area (zone) in accordance with a land contract agreement.

Article 10 (Prebuilding project management)

After the development of a shared property security unit, a construction management agency designated by the Government of the People of the District (Parea) should enter into a project agreement with the development of the housing security unit. The construction of a project agreement shall be an annex to a national land-use transfer decision.

Article 11 (Qual safety responsibilities and public information)

The development of construction units and their principals should strictly implement the quality and safety management provisions of construction works and assume the statutory responsibility for the quality of the housing; and units such as survey, design, construction, custodial, testing, etc. and their principal responsibilities under the law.

Information on the development, design, construction, inspection and construction of units and construction planning, construction, etc. of a shared property guarantee housing construction project should be made public in accordance with the provisions for the location of the project and related premises.

Article 12 (Basic construction requirements)

The construction design of a shared property security housing should be in line with energy efficiency, provincial land and environmental requirements, taking into account, in a comprehensive manner, the functionality of residential use and the elements of a space portfolio, the household population and composition, and satisfying the basic living requirements of the family within a smaller set of units.

Shared property guarantees housing construction projects should be established to build the corresponding municipal public and public infrastructure facilities. Municipal public and public-building facilities should be built and delivered in parallel with shared property guarantees, with timely inputs. The Government of the People's Government in the construction of the project area should coordinate the construction and operation of municipal public and public infrastructure.

Article 13 (Integrated construction management)

The Government of the People's Government, which builds on the ground, can apply to the commune Government for the redeployment of a shared property guarantee for integrated construction.

The Government of the people (at the district) who have approved the use of integrated property rights guarantees housing should bear the costs in accordance with the relevant provisions of this city, including through financial transfers.

People's governments in the areas where construction projects are located should be able to work on land availability, housing construction.

Article 14 (Supporting policy)

The following support policy is given to a separate choice site, a shared property security project that focuses on construction:

(i) The means of administrative allocation to build local supply;

(ii) Government-specific funds, such as administrative fees for the collection of construction, which are aligned with urban infrastructure;

(iii) Exemption from the construction of civil defence works, in accordance with the provision that is not appropriate;

(iv) The administrative transfer of land-use rights granted, which may be used to mortgage in accordance with national provisions;

(v) Access to housing credits, policy financing support for financial institutions and loan interest rates in accordance with national provisions;

(vi) Access to tax incentives in accordance with national provisions;

(vii) Other preferential support policies provided by the State and the city.

Article 15 (Perprice management)

A separate choice site, a pool of property security projects that are built in order to maintain this micro-lihood principle, is determined on the basis of integrated consideration of construction, finance, management costs, tax fees and profit, and are agreed upon in the construction of project agreements.

A separate choice site, a shared property security benchmark for housing sales is based on the construction of project settlement prices, and a combination of considerations such as the payment capacity of the guarantor of this city, as well as the balance in the price of the housing project in the near and neighbouring areas.

Shared property rights guaranteed the benchmark price of housing sales, taking into account the payment capacity of the guaranteed target in the city and the factors such as the balance in the price of the housing project in the nearest period and in neighbouring areas.

Shared property guarantees the cost of sales of housing singles as determined by the sale benchmark price and the range of buoys, which should be minimal and made public to society.

Article 16 (Right share)

The share of the owner and the Government's property rights guaranteed housing should be clearly defined in the acquisition of housing contracts, for the use of the latter house.

The share of the owner's property rights is determined after a reasonable compromise, taking into account the sale benchmark price of the project in which a shared property guarantee housing is owned by the housing security implementing agency.

Article 17 (Perprice determination process)

Shared property rights guaranteed housing sales benchmarks and their buoyages, share of property rights, developed by the municipal housing security enforcement agencies, and approved by the housing security administration.

Shared property rights guaranteed housing sales benchmarks and their buoyages, the share of property rights was developed by the district (zone) housing security implementing agencies, and the sector (area) price administration will be approved by the Government of the People's Republic (Parea) after the finalization of the housing security administration sector.

Article 18

A total of property rights guaranteed by the development of construction units has not been sold for a period of one year after the initial registration of home titles, and has been purchased by the construction management designated by the Government of the People's Republic of the District (Parea).

Chapter III Applications for supply

Article 19 (Application conditions)

At the same time, the families or individuals of the city's towns in line with the following conditions may apply for the purchase of a shared property guarantee housing:

(i) The number of regular households in the city is limited to the prescribed period and the number of households at the place of the application is reached;

(ii) The housing area is less than the prescribed limit;

(iii) Permissible income and property below the prescribed limit;

(iv) Within the period specified prior to the submission of the application, there was no act of housing hardship caused by the transfer of housing;

(v) Other conditions established by the Government of the city.

The families referred to in the previous paragraph are composed of members with statutory support, maintenance or dependency and common life; individuals refer to single persons with full civil behaviour capacity and age in line with the prescribed standards.

The specific conditions set out in paragraphs 1, 2 and 2, are determined by the Government of the city and made public.

Article 20 (Option of procedures)

The applicant shall apply to the commune of the commune (communes) or to the street offices of the commune (communes) at the place of the household, if any, to submit the relevant supporting material and to sign a written document agreed to accept verification of the situation and to verify the results.

No unit or individual shall give false evidence to the applicant.

The family's application for the purchase of a shared property guarantee housing should be given to a member with a full civil capacity to act as an applicant.

Article 21 (Reviewed)

Upon receipt of the request, the Government of the communes (communes) and the street offices should conduct the first instance. Among them, the status of the applicant's family, identity, marriage, etc. is verified by the public security, the administration of the civil administration; the housing situation is verified by the housing security implementing agency; the income and property status is verified by the resident's economic reconciliation body. In accordance with the conditions of the first instance, the applicant's home location and the actual place of residence shall be declared 7 days. There being no objection during the public statements, or if there is no objection, no objection has been established, the review of the housing security institutions in the district (the district).

After review of conditions, five days should be given to society. No objection has been made during the notice period or, notwithstanding the objection, the subject matter is not established, it should be made by a household-based unit and be published by a notice. The directory proved effective within three years from the date of the receipt.

The applicant shall participate in the elective property in accordance with the provisions of the notice of the validity.

Article 2 (Supply standards)

Shared property guarantees the availability of housing, which are determined by the Government of the city on the basis of the number, composition and etc. of the family and made public to society. The applicant shall not be required to provide for the selection of the housing standard.

The Government designated the applicant's original housing acquisition, which could properly improve the supply standards for the purchase of shared property security housing.

Article 23.

The housing security implementing agency should introduce the availability of housing in conjunction with the availability of a shared property security facility, sequencing of the registered applicants, including through the use of public ecology, drawing lots, and the establishment and timely updating of the roster. The applicant has the right to access the Roster.

Priority arrangements should be given to the legal, administrative or regulatory provisions of the Department of State to guarantee housing priority.

Article 24 (Report on significant changes in circumstances)

The registered applicants, whose family members, their families, their homes, etc. have undergone significant changes in the pre-selection home, should report to the implementing agency for housing security in the district (the district).

Prior to the organization of the choice of housing security institutions in the district (zone), it was found that the registered applicants were not eligible for the application and removed their eligibility.

Article 25 (Supplement procedures)

The Housing Guarantee Implementation Agency should publish in a timely manner information on the number, size, and the sale of baseline prices, of housing-related sources.

The Housing Guarantee Implementation Agency shall determine the organization of work for the sale of property guarantees for housing and, in a public manner, for the purpose of organizing a request for accommodation, based on the scale of the source of the current period and the ranking of the applicant.

The applicants confirmed that they participated in the choice of housing and selected a total of property guarantees, and that they should be signed with the development of construction units to enter into the acquisition of housing contracts with the housing security implementing agencies in the home area (the district).

Article 26 (Application of vouchers and serials)

The applicant has one of the following cases, which have obtained a notice certificate and a break-out, and no longer apply for a shared property security housing within three years:

(i) The absence of confirmation of whether to participate in the elective property during the notice of its own reason;

(ii) Recognize that, after the election of a housing facility, no housing is required for the provision of the housing source;

(iii) Non-selection confirmations, purchase contracts or management agreements for home use after the selection of housing;

(iv) The contract for the purchase of houses or the subsequent home use management agreement was cancelled for their own reason.

Article 27 (Percentage policy)

The purchase of shared property guarantees housing, and the purchaser may apply for mortgage loans such as housing payments, commercial banking funds, in accordance with the provisions of the State, and may receive tax incentives.

Article 28 (Definition of the owner)

The household purchases a total of property security housing, and the family may consult in writing to determine the purchaser as a co-owner of its share of property and the remaining applicants are the same; the applicant cannot agree between the applicant and the owner is the owner.

Article 29 (Definition of the garbage property)

A separate choice site and a pool of property rights guaranteed the treasury of the home area as a whole. The proceeds obtained through the use of the garbage are owned by all purchasers, mainly for the replenishment of specialized maintenance funds, or for other needs for the work of the Commission or for the management of the goods, in accordance with the decisions of the Conference of the owners; and responsibilities related to maintenance, conservation, etc. are borne by all purchasers.

Article 33 (Percentage registration)

The purchaser shall apply to the property registration facility in the area of the home (the district) in accordance with the relevant provisions of the registration of property.

A total of property guarantees the granting of registration and the property registration body shall document the owner, the share of the property rights in advance registration certificates and the property rights certificate, specifying the names of the same person and note “Shared property security”.

Article 31 (compared with other housing security policies)

Access to affordable housing, public rental housing, and the purchase of a total of property security, should cease access to affordable housing benefits, free of affordable rental housing and public rental housing, effective 90 of the notice of residence.

Subsidies for housing hardship (removal) have been enjoyed without applying for a shared property guarantee.

Chapter IV

Article 32 (Use of provisions)

The purchaser and the same-occupants of a shared property guarantee housing shall use homes in accordance with the relevant provisions of the management of the home and the agreement on the use of the latter house, and shall not have the following acts before the acquisition of full titles:

(i) Self-transfer, grant and cohabitation of property rights;

(ii) Exemptive rental and borrowing of a shared property guarantee housing;

(iii) The creation of mortgage rights other than the guarantee of a shared property security for housing purchases;

(iv) Violations of other laws, regulations and regulations.

Article 33 (Removal)

The acquisition of property rights is less than five years, and one of the following cases should be free of the total property security of housing and be reclaimed by the housing security implementing agency or by the institutions designated by the people's Government in the area of the house (the district):

(i) The purchase of commodity housing by the purchaser or by the same person is no longer in line with the housing hardship standards;

(ii) All relocation of the owner and the same person from the city or the settlement of the entire country;

(iii) The purchaser and the death of the same person;

(iv) Other cases provided by the Government of the city.

The purchase price is added to the interest earned on the basis of the rate of interest earned on the deposit of the China People's Bank for the same period.

The acquisition of property rights is less than five years, for reasons such as divorce assessment, the non-payment of housing loans, the withdrawal of a total property security facility, the agreement between the owner and the owner, and the application of a housing security institution in the area of the house (the district). After the clearance of the agreement, the requisition was made in accordance with paragraphs 1 and 2.

Article 34 (Support transfer and purchase of government property shares)

After five years of the realization of the right to property, a total of property guarantees that housing may be transferred in the city or the share of the Government's property is purchased by the purchaser, the owner's refusal to perform administrative decisions on the management of the housing security sector (the district) or the non-removability of default. Upon the transfer or purchase of the Government's share of property rights, the nature of housing was converted into commodity housing.

After five years of the acquisition of property rights, the purchaser, the purchase of commodity housing with the owner and the lack of access to housing are no longer difficult, and the transfer of a shared property guarantee or a share of the Government's property rights in the first place should be in line with the need to purchase the housing conditions of commodities. Specific exceptions are provided by the municipal housing security administration.

Article 55 (Proceeds and purchases of government property shares and prices)

In the last city, a total of property rights guaranteed housing and the owner should agree and apply to the housing security institutions in the home area (zone). Regional (territorial) housing security institutions or institutions designated by the Government of the People's Government have priority in purchasing power under the same conditions; the waiver of priority purchasing power may be transferred to others. Shared property guarantees that housing is transferred or acquired as a matter of priority, and the purchaser receives the corresponding portion of the total transfer price in accordance with its share of property rights.

The purchase of the Government's share of property rights should be agreed upon by all purchasers, with the owner on matters such as the purchase of will, the purchaser and the application of the housing security institutions in the home area (the district).

The Government has exercised a priority to buy and buy-in and to buy the Government's share of property rights, and the municipal housing security administration will be governed by the principle of market prices.

Article 36 (Financing management and use of housing sources)

After the conversion of the nature of housing to commodity housing, the Government's share of property rights has been incorporated into financial housing security funds.

A total of property rights guaranteed through re-entry or priority purchase methods are integrated by the Government of the People of the Region (Parliament) in accordance with the relevant provisions.

Article 37 (Financing pledges)

The housing security administration sector should establish specific funding with the financial sector, in a timely manner to implement the necessary funds for re-entry and priority purchase.

Article 38 (Prevention of re-application of requests)

The purchaser and the same owner shall not apply once again for a total of property security.

Article 39 ( Succession)

The owner of the house was killed and the owner of the share of the property rights guaranteed was not in accordance with the conditions for a shared property security housing claim, and the housing security institution could dispose of a shared property security housing in accordance with the law.

Article 40 (Financing for maintenance)

The purchaser shall pay the special maintenance funds in full, in accordance with the relevant provisions of the special maintenance fund for the current city's commodity home.

Article 40 (Final services)

A total of property rights guaranteed housing services and was paid by the purchaser.

The amount of royalties for the construction of property rights guaranteed housing is charged to the implementation of the fee-for-working standards in the home area.

Article 42

The housing security administration sector in the areas in which the home is located (at the district) can guarantee specific services for the management of housing use, entrust the business sector or other social organizations with implementation and pay the corresponding costs.

The administrations, such as the distribution of housing security in the supply area (the district) should be aligned with the provision for post-harvest management.

Article 43

Real estate brokers and their brokers shall not be in breach of the Acting Shared Property Guarantees for the sale and rental of housing.

Chapter V Oversight management

Article 44 (Regional inspection)

The housing security administration sector, as well as the mandated housing security enforcement agencies, may conduct oversight inspections through:

(i) To ask units and individuals related to verification matters to provide clarifications and material on the relevant situation;

(ii) Inspection of the use of the material industry;

(iii) Access, record and replication of information relating to the guarantor's identity, income and property;

(iv) Other means provided for by law, regulations.

The relevant units and individuals should cooperate with the oversight and provide the relevant material as required.

Article 42 (Information and Archives management)

The municipal housing security administration should establish a shared property security management information system that provides technical services for the construction, clearance, distribution of supplies, and for post-management.

The Housing Guarantee Implementation Agency should establish the relevant archives that guarantee housing claims, supply, use and withdrawal.

Article 46 (Letter information management)

In cases where the applicant, the owner, the same person and the relevant units and individuals are in violation of the provisions of the scheme, the executive branch shall incorporate the relevant administrative processing information into the municipal public credit information service platform, in accordance with national and present municipal provisions.

Article 47 (Social oversight)

A total of property rights guarantees housing construction, application for clearance, supply and post-management work.

Units and individuals are encouraged to report on violations of this approach, lodge complaints; the responsibility sector should be dealt with in a timely manner and publicly address the results.

Chapter VI Legal responsibility

Article 48 (Legal responsibility in breach of an agreement)

The owner, the owner, in violation of the agreement on the management of home use, has the right to transfer, grant and rent, borrow a share of property guarantees, or to establish mortgage rights other than the guarantee of a shared property guarantee and other violations of the agreement, and the housing security implementing agency in the area of the house (the district) may, in accordance with the agreement, request its reform and hold responsibility for default.

Article 49 (Legal responsibility of the applicant for false leave)

In violation of article 20, paragraph 1, of the present approach, the applicant does not, if any, conceal the status of such reports or omissions, housing, income and property, or forfeiture the relevant evidence to apply for a shared property security housing, to be dealt with by the housing security administration sector in the distribution of the supply area (the district) in accordance with the following provisions, and prohibits the re-application of all types of guaranteed housing in the city within five years:

(i) An application for qualifications should be removed and a fine of up to 500,000 dollars.

(ii) The purchase of a total of property security housing, which is responsible for the release of homes, for the payment of rents during the house's occupation, may be fined by more than 500,000 dollars; and for the release of the housing security institution, the refund of the mortgage.

Article 50 (Further legal responsibility of the subject)

In violation of article 20, paragraph 2, of the present approach, the unit, the individual, for whom a claim is made for a total of property guarantees for housing falsely proved material, the distribution of the housing security administration in the supply area (the district) shall be responsible for the conversion of the unit to a fine of up to 50,000 dollars for the unit and a fine of more than 1,000 dollars for the individual.

Article 50 (Legal responsibility for the use of houses)

In violation of article 32, subparagraphs (i), (ii), (iii) of this approach, the purchaser, the same-occupants are in breach of the provisions of article 32, paragraph (a), and the housing security administration sector in the home area (the district) should be responsible for the period of time being changed; the unpredictable period of up to 10,000 dollars.

The purchaser, the owner, the owner has a violation of the construction of (construction), the heavy structure of damage, the unauthorized alteration of the nature of the use, the self-occupation of the owner's share of the property and other violations of the provisions of the housing management, in accordance with the relevant provisions of the State and the industry.

The purchaser, the same person, in violation of article 33, paragraph 2, of the scheme, who uses houses and is not reformulated after the time being, the housing security administration in the area in which the house is located (the district) may be responsible for the release of homes and prohibit the re-application of all types of guaranteed housing in the city within five years.

Article 52 (Legal responsibility of a licensor in breach of a law)

In violation of article 43 of this scheme, property brokers and brokers violate the co-location of property rights to secure the sale of housing, rental operations, which are converted to the administrative order for the housing security administration in the district (zone) and fines for property brokers; and abolition of online reserve qualifications for property brokers and a fine of $30,000.

Article 53 (Option of enforcement)

In accordance with this approach, the housing security administration sector in the district (zone) makes administrative decisions that the parties refuse to perform and can apply to the enforcement of the People's Court by law.

Article 54 (Administrative responsibility)

In violation of this approach, the executive branch, the housing security implementing agency and its staff have one of the following acts, which have a negative impact, by the unit of the office or by the superior authorities, warning, default or excessive disposal by the competent and other direct responsible personnel directly responsible under the law; in the event of a serious nature, giving downgradation or removal of employment:

(i) Failure to perform the duties under review in accordance with the law;

(ii) Not established by law or updated the Roster;

(iii) Non-legally elected housing;

(iv) Non-compliance with the post-administer management responsibilities by law.

Chapter VII

Article 55 (other channels for raising housing)

The Housing Guarantee Implementation Agency may purchase new general commodity housing or stock housing that meets the requirements as a housing source for shared property security. Shared property guarantees the acquisition of housing sources and the implementation of tax incentives established by the State.

Article 56 (Day of operation)

This approach was implemented effective 1 May 2016. A pilot approach to housing management for the economy of the Shanghai City, issued on 24 June 2009, was also repealed.