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Hunan Provincial Urban Real Estate Development And Management Approaches

Original Language Title: 湖南省城市房地产开发经营管理办法

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(Adopted at the 77th ordinary meeting of the Government of the Southern Province, held on 7 February 2006 by Decree No. 207 of 12 April 2006 of the People's Government of the Southern Province, which was issued effective 1 June 2006)

Chapter I General
Article 1, in order to regulate the operation of real estate development, strengthens the supervision of the operation of urban real estate development activities, in line with the laws, regulations, such as the National People's Republic of China's Urban Property Management Act, the Urban Real estate Development Regulation.
Article 2 applies to the operation of property development and its oversight management activities in national land within the territorial administration.
This approach refers to the operation of real estate development enterprises in infrastructure, housing construction, transfer of real estate development projects or sale, rental of commodity premises in national land in urban planning areas.
Article 3
Article IV
In the sectors of development and reform, planning, land resources, prices, and business administration at the district level, the management of oversight is carried out in accordance with statutory responsibilities.
Article 5 Real estate development authorities should support the legitimate operation of property development enterprises by upholding their legitimate rights and by strengthening the regulatory management of real estate markets, establishing a sound property market information system, making regular publication of the good operation of the real estate market for information and real estate development enterprises, leading to a healthy and orderly development of the premises industry.
Chapter II Business development
Article 6.
An effective period of three years for the development of enterprise qualifications certificates for real estate development is valid. The provisional credentials are valid for one year. In the case of business, the enterprise for real estate development will need to extend the period of effectiveness of the PTS, which may be approved by the former nuclear service, but the extension period shall not exceed 2 years.
The award of a qualitative hierarchy and the provisional award shall not be rented, borrowed, transferred.
Article 7. The establishment of a real estate development enterprise shall acquire one, second, third, fourth or provisional qualifications, provided that:
(i) Accreditation capital shall not be less than $50 million, 20000,000, $8 million, respectively; a person with construction, structure, financial, real estate and related economic category or functional qualifications shall not be less than 40, 20, 10, of which a dedicated person with higher-level functions shall not be less than 20, 10, 5 and a full-time accounting officer with a certificate of eligibility shall not be less than 4,3,2 respectively.
(ii) The acquisition of four levels of qualifications and provisional qualifications and the registration of capital shall not be less than 4 million dollars; its dedicated engineering technical head shall have more than four posts in construction, structure and professionalism, and the full-time accounter shall have more than four duties.
(iii) Other conditions established by the Department of State to build administrative authorities.
Article 8. The authorized competence to develop enterprise qualifications is:
(i) Level-level qualifications, which is approved by the Department of State-building administrative authorities after the first instance of the provincial authorities for the development of property.
(ii) Two, three, four levels of qualifications and provisional qualifications, approved by the Provincial People's Government's Property Development Authority; three, four-tiers and provisional qualifications, can be entrusted with approval by the municipal, self-government authorities for real estate development, and submitted to the provincial authorities.
Article 9. The establishment of a real estate development enterprise shall apply for registration by law to the business administration sector.
In reviewing the registration of applications for the establishment of a real estate development enterprise, the business administration should be informed in writing by the same-level real estate development authorities.
Article 10
(i) The licence of business;
(ii) Business statutes;
(iii) Receives;
(iv) The identity of the legal representative of the enterprise;
(v) Accreditation and labour contract for professional technicians;
(vi) Other information provided by law, regulations.
Article 11. Real estate development authorities with the authorized qualifications of the enterprise in real estate development shall take a review decision within 20 days of the date of receipt of the application for the qualifications of the real estate development enterprise. In accordance with the conditions, the Nuclear Accreditation; Non-conditional, non-nuclear-weapon-free and written reasons.
Article 12
(i) Request for approval of a qualitative application;
(ii) The certificate of qualifications and the performance of legal representatives and technical, financial heads;
(iii) Relevant certified material consistent with the conditions set out in Article 7 of this approach;
(iv) Implementation of the project manual on real estate development and the home quality assurance, home use statements;
(v) A statement of proof and liabilities for the operation of the real estate project has been developed.
Article 13 Development of enterprise subsidiaries, mergers or changes in enterprise name, place of operation, statutory representative and registered capital shall, within 30 days of the registration of business changes, receive information under article 10 of this method, apply to the authorized body of the original qualifications for the processing of the assigned amount for the write-off, change proceedings; and the authorized body shall be processed within five days.
Insolvency of the enterprise for the development of property, the tax industry shall, within 15 days of the processing of the business licence write-off procedure, hold written requests and certificates of qualifications to the authorized bodies of the original qualifications for the write-off of the certificate.
Chapter III Real estate development
Article XIV identifies real estate development projects that should be in line with the requirements of urban planning, land-use master planning, annual land-use planning and the annual plan for real estate development, upholding the principle of integration in old and new areas, with a focus on improving urban and ecological environments.
The annual plan for real estate development is developed by the authorities for the development of property at the district level with development and reform, land resources, planning management.
Article 15. The exploitation of property shall be achieved in an open competitive manner, in addition to the State's provision that allows the allocation of funds.
In the case of the Land Resources Administration at the district level, the following matters should be heard in writing by the same urban planning, property development authorities:
(i) The nature, size and duration of the project for real estate development;
(ii) Urban planning design conditions;
(iii) Infrastructure and construction requirements for public facilities;
(iv) The definition of property rights after the construction of the infrastructure;
(v) Removal compensation and resettlement programmes for projects;
(vi) The qualifications and integrity of enterprise development in real estate.
Article 16 Strict control over sporadic and decentralized construction in urban planning areas.
Article 17, in accordance with the relevant provisions of the State, encourages real estate development enterprises to carry out the development of affordable housing through public tenders, which can be achieved through the allocation of funds and enjoy the preferential policy set by the State. The development of affordable housing does not change their land use and operate in commodity housing.
Article 18
(i) Four-tiered or tentatively qualified enterprises with no more than 5 million square meters of the construction area for development projects;
(ii) Three-tiered enterprises with no construction area of 150,000 square meters;
(iii) Sub-prime enterprises with no more than 250,000 square meters in the area of construction of development projects;
(iv) At the level of qualified enterprises, the construction area of the development project is not restricted.
Article 19 establishes a capital fund for the development of projects. Real estate development enterprises should bring project capital to the exclusive bank stock in accordance with national standards. The implementation of the sub-development projects could be based on a dedicated stock of the investments. In the case of a licence for the construction of construction works in the real estate development project, the real estate development enterprise shall submit a certificate of the capital reserve for the project.
Article 20 Development of enterprise construction projects should be in line with the quality of construction works, safety standards, survey, design and construction technical norms.
After the completion of the project on real estate development, the construction unit shall apply to the real estate development enterprise for the completion of the inspection; the real estate development enterprise shall organize a survey, design, construction, engineering, engineering and engineering inspectorate, within 20 days of receipt of the request. In the context of public safety, real estate development enterprises should apply for specific checks to the relevant sectors such as urban planning, public safety fire, human defence, environmental protection, and the relevant sectors should conduct special checks within 20 days of the date of receipt of the request. After the experience of the real estate development project is qualified, the user can be delivered; the absence of experience or a lack of access and the non-availability of delivery.
After the experience of the real estate development project was qualified, the construction units should submit quality assurance letters to the real estate development enterprise. In the quality assurance book, it should be clear to ensure coverage, duration of maintenance and responsibility for repair. Real estate development enterprises should be completed by 15 days from the date of receipt of qualifications and endorsed documents from the urban planning, public safety fire, human defence, environmental protection sectors, and submitted to the Property Development Authority.
Article 2
Chapter IV
Article 23 transfers of real estate development projects should be in accordance with the conditions set forth in the law, regulations. The transferee shall have the corresponding qualifications. The transferee and the transferee, within 30 days of the completion of the project's land-use change registration process, have transferred contracts for real estate development projects to the project's location development authorities.
Article 24
(i) The acquisition of land-use certificates, construction of engineering planning licences and construction works permits;
(ii) More than one third of the progress of high-level construction works towards the design of imagery, and the progress of other construction works has reached more than one third of the progress in the design of image;
(iii) The construction progress and the completion date of delivery of the work.
Article 25 When a property development enterprise requests a licence for the sale of commodity premises to the city, the State of self-government or the district-level property development authorities, the following information shall be submitted:
(i) Land-use certificates, construction of engineering planning licences, construction works permit photocopy;
(ii) A copy of the business licence and the certificate of qualifications;
(iii) A copy of the construction contract;
(iv) The slogan of the sale of commodities;
(v) A certificate in conformity with article 24, subparagraphs (ii), (iii) of this approach;
(vi) Programme for the sale of commodity premises.
Article 26 The real estate development authorities shall make a review decision within 10 days of the date of receipt of the application for the sale of commodity premises. In accordance with the conditions of the sale, the licence was granted, the licence for the sale of nuclear commodity premises was pre-empted, the licence was not permitted and the reasons were communicated in writing.
In the construction of commodity premises without a licence for the sale of commodity premises, the real estate development enterprise shall not collect any cost to the licensor.
Article 27 Developments of enterprises, brokering services, advertising companies, media production and publication of advertisements for commodity premises must contain book No. Advertising, disseminating information, commodity housing project models should be real and non-renewable.
Article 28 develops the sale of commodity premises by enterprises and should adopt a model text of the contract for the sale of commodity premises developed by the State and enter into written contracts in consultation with buyers.
Article 29 transfers of real estate development projects and sales prices for commodity buildings are agreed by the parties. Of these, the economic application of the sale price and the price of rental housing, the introduction of government guidance or government pricing, and social disclosure.
Article 33 When the real estate development enterprise delivers a commodity home to the buyer, it shall provide home quality assurance and home use statements in accordance with the State's provisions and assume insurance and liability in accordance with the agreement of the Housing Quality Assurance and the Commodities Sale contract.
Article 31
(i) Infrastructure works, ground-based works and major structures of buildings, with the minimum duration of tenure as a reasonable time limit for the use of the project as set out in the design document;
(ii) Intrusion of water conservation works, inter-hygienic, house and off-walls, with a minimum duration of five years;
(iii) For heating and refrigeration systems, the minimum duration of maintenance is 2 heating, heating and refrigeration periods;
(iv) Electrical pipelines, water drainage pipelines, equipment installation and renovation works, with a minimum duration of two years.
The duration of the rest of the project was agreed by the owner and the buyer in the contract.
Article 32 concerns the quality of the real estate development project during the period of maintenance and maintenance, and the real estate development enterprise should fulfil its obligations of repair and liability for damage.
Article 33 The real estate development authorities should establish a monitoring mechanism for the operation of sound property development, to publicize the reporting of complaints to society and guarantee the legitimate rights and interests of the buyer.
Chapter V Legal responsibility
In violation of article 6, paragraph 1, of the present approach, the period of time being converted by the authorities for the development of property at the district level by the Government of the People's Property Development Authority, in accordance with the State's provisions, is subject to a fine of up to 50,000 yen; uncorrected licenses are revoked by the business administration.
In violation of article XV, there is one of the following acts, which is being corrected by a warrant of responsibility for the development of property, warnings of the illegal proceeds of confiscation, which may be fined up to 3,000 dollars.
(i) In violation of article 6, paragraph 3, for rental, borrowing, transfer of a qualitative certificate or a provisional certificate of qualifications;
(ii) In violation of article 13, the procedures for the processing of changes in the quality of the certificate shall not be determined by the competent nuclear issuance body;
(iii) In violation of article 19, the capital reserve for the development of the project was not regulated by the regulations.
Article 36, article 33, article 31, paragraph 2, of the Real estate development enterprise does not provide home quality assurance and home use statements for the delivery of the goods by the buyer or, in accordance with the provisions of the obligation to perform the maintenance, the real estate development authority shall be responsible for the conversion of its period of time; it is premature to record its malfunctional behaviour in the enterprise credit file and to make it available to the public at the time of delivery of the purchaser, with a fine of more than 5,000 dollars.
Article 37
Article 338 Staff of the real estate development authorities and other relevant departments are subject to negligence, provocative fraud and abuse of authority in the management of the management of the property development operation, which is criminally criminalized by law.
Annex VI
Article 39 governs the operation of property development operations and property development in foreign countries in urban planning areas, taking into account this approach.
Article 40