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Leasing, Guiyang Guiyang Municipal People's Government On The Amendments To The Administrative Policy Decision

Original Language Title: 贵阳市人民政府关于修改《贵阳市房屋租赁管理办法》的决定

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In order to further strengthen and regulate housing rental management, the Government of the city decided to amend the Housing Leasure Management Scheme (Government Order No. 2 of 2012):

Paragraph 5 of Article 6 was amended to read: “Health and family planning, business, levies, land, planning, urban management and civil affairs, etc., shall be governed by their respective responsibilities by the supervision of rental housing.”

In article 7, paragraph 2, “Financing housing and rural-urban construction, public safety, population and family planning, business, tax, health, urban management” was amended to read “Final and rural-urban construction, public safety, health and family planning, business, tax, urban management”.

In article 17, paragraph 1, the “Humanitarian and family planning authorities” were amended to “health and family planning authorities”.

Article 23, paragraph 1 (c), was amended to read as follows:

In article 25, paragraph 7, the “demographic and family planning authorities” was amended to “health and family planning authorities”.

Article 35 was amended to read: “The tax fees incurred by the lessee in the payment of the rental activities under the law are punishable by law by the tax authorities in the home area”.

As article 38, “Option of administrative penalties in house rental management activities, housing and rural-urban construction authorities may, in accordance with their management needs, be entrusted with the implementation of community service management bodies and other business organizations that meet the conditions set out in article 19 of the National People's Republic of China Administrative Punishment Act, to oversee the commission of administrative sanctions against the mandated organizations and assume legal responsibility for the consequences of the act.

The entrusted cause organization shall, within its mandate, carry out administrative sanctions in the name of the entrusted department and shall not authorize any other organization or individual to commit administrative sanctions.”

In accordance with the above amendments, the order of some provisions is adjusted accordingly.

This decision is implemented since the date of publication. The Honduran Housing Leasure Management Scheme is released in accordance with this decision.

Modalities for rent management in precious city houses

(Act No. 2 of 19 March 2012, issued on 21 March 2013, the first amendment to the Decision of the Government of the Hygiene People on Change of Partial Regulations, which was published on 10 June 2015, and in accordance with the Second Amendments to the Decision of the Government of the Hygiene People on amending the Housing Leasure Management Scheme of Hygis)

Chapter I

Article I, in order to strengthen housing rental management, regulate housing rental practices, promote the health development of housing rental markets, preserve legitimate rights and social order, develop this approach in line with the laws, regulations and regulations such as the People's Republic of China Urban Property Management Act.

Article 2

Article 3 of this approach refers to the rental of homes by natural persons, legal persons or other organizations as renters for their ownership or right to use by the lessee, and to the payment of rent by the lessor to the lessee.

The owner of the house or the right to use all or managed houses for the benefit of others is considered to be rented.

Article IV. Housing rental should be guided by principles such as voluntary, fair, legitimate, genuine credit, territorial management, housing and population management.

Article 5 Governments of municipalities, districts (markets, districts) should incorporate housing rental management into the area of community integrated service management and include this work in the annual target appraisal of the Government.

Article 6. The municipal housing and rural-urban construction authorities oversee and guide the entire city's home rental work, and the district, district (market) housing and rural and urban construction authorities are responsible for the management of housing rental oversight within the Territory.

The housing and rural-urban construction authorities, in accordance with their work needs and the principle of the people, may entrust the people of the Territory (communes) or the community service administration (hereinafter referred to as the “management body”) with the application for the registration of rents, the collection of housing rental information, day-to-day inspections and the provision of services to the lease party.

Housing and urban-rural construction authorities pay the work of community service management agencies in a costly manner.

The public security authorities are responsible for the management of oversight, such as the security of rented homes, firefighting, registration of residence, residence permit and household citizenship.

Sectors such as health and family planning, business, geo taxes, land, planning, urban management and civil affairs should be managed in accordance with their respective responsibilities.

Career units, social groups, village councils and other organizations should be aligned with the related work on the management of housing rental oversight in the relevant sectors.

Article 7.

Housing and rural-urban construction, public safety, health and family planning, business, land taxation, urban management, etc., should establish housing rental management collaboration mechanisms and information systems to achieve integrated information networks for housing rental information and population services management.

Requirements for the management of housing rental services are included in the current financial budget to guarantee the proper conduct of the work.

Article 9. The relevant sectors shall make reports, complaints telephones available to the community and receive reports and complaints concerning rental housing.

Any unit or person has the right to complain to the relevant authorities and report violations of the provisions of this approach. The relevant departments should promptly investigate and inform the perpetrators of the results.

Reports of violations are real and the relevant authorities should give appropriate incentives.

Chapter II Rental management

Article 10, which has one of the following conditions, shall not be rented:

(i) The construction of an offence;

(ii) Removal of the nature of the use of homes in violation of provisions;

(iii) The failure to obtain a legal right to a house is to be certified or contested;

(iv) Shared houses without the written consent of others;

(v) The judicial or administrative organs shall be seized under the law or otherwise restrict the right to housing;

(vi) No guarantee of residence and security;

(vii) Laws, regulations and regulations prohibit other conditions of rent.

Article 11. Housing and urban-rural construction authorities should issue home rental information free of charge in housing rental information systems.

Article 12. The rental of homes shall be the lowest rental unit in the original design rooms. The kitchen, health, positive and underground storage rooms shall not be rented for personal residence.

Article 13. The renter house shall enter into a written home lease contract with the lessee.

Housing and rural-urban construction authorities and the business sector should produce a model text on housing rental contracts and be published in the housing rental information system for the selection of the parties.

Article 14.

(i) The name or name, type of identity documents and number, place of residence;

(ii) The location, area, renovation and facilities of homes;

(iii) Leasing, duration, rental and payment modalities;

(iv) Renovation, security, firefighting responsibilities;

(v) Recontinuation, exchange and transfer agreements;

(vi) Changes or conditions for the removal of contracts;

(vii) The breach of responsibility and the manner in which the dispute is resolved;

(viii) Other matters agreed by the parties.

Article 15. Housing rentals are subject to a registration system. Housing and urban-rural-building authorities and management agencies should gradually implement a home rental online registration file.

Article 16 The lease party shall, within 15 days of the date of the entry into force of the housing lease contract, enter into the home area, the district (market) housing and rural-urban construction authorities or the management body to process the registration of the house lease.

The following information and information should be filled and submitted when the home lease party requests the processing of the home lease registration process:

(i) Removal information includes information on the names or names of the parties, the type and number of documents, the place of residence and the place of residence, the duration of the home, the rental and rental period, the certificate of the rental of the home or the related certificate, and other information;

(ii) Submissions include: legal valid identity documents or certificates, or business licences of legal persons, other organizations, corporate codes, housing rental contracts, housing certificates or other legal certificates, other material;

(iii) The renting of homes to be held and the commissioner's commissioning certificate should also be submitted;

(iv) The transfer of rented homes should also be submitted to the certificate of the owner's consent to the lease;

(v) The renting of a total of houses should also be submitted to other complicity-consistency certificates.

Article 17 Housing and rural-urban construction authorities or management agencies shall complete the registration file within three working days from the date of receipt of the home lease registration material and provide the leaseholding party with a certificate of the lease registration. Information on the rental of homes and rental houses will be transmitted to the public security offices, health and family planning authorities in the rental housing sites.

The home lease registration certificate should contain the names or names of the parties, valid identification documents or identification of types and numbers, rental of homes, use, rental and rental duration.

Article 18 Changes in rental contracts or terminations, extensions, rentals and home lease registration orders have proven to be lost, and the parties shall, within five working days of the date of the above-mentioned circumstances, conduct changes, write-offs, releasing, releasing, releasing and releasing the home lease registration and releasing the certificates.

Article 19 brokers engaged in house rental activities should be established by law, licensed to operate and registered with the competent housing and rural and urban construction authorities with managerial competence. They should be eligible by law.

The housing rental brokers and their operators should undertake brokering operations in accordance with the relevant provisions and contracts.

The housing rental broker should establish venture funds, operational treasury, etc. and maintain information generated in the course of home rental brokering activities that are not less than three years.

Article 20 provides housing rental services to the housing rental broker and shall be communicated in writing to the leaser in accordance with the provisions of the scheme for the processing of the lease registration of the property; the provision of the rental authorization operation shall be completed in accordance with the provisions of this approach and the processing of the home lease registration process.

Article 21 Releasing parties, house rental brokers to fill information and submissions shall be authentic, lawful, effective and shall not conceal authenticity or provide false material.

No units or individuals may be forged, altered, redirected, deceptive or sold for the registration of property.

Article 23. Housing and urban-rural-building authorities and other relevant departments, management bodies should establish a system of inspection in accordance with their respective responsibilities, inspect the rental of homes and their related circumstances, and identify the following conditions and address them in a timely manner in accordance with the terms of reference:

(i) The discovery of a lack of registration of housing rental and population information and the timely corrections;

(ii) The discovery of the absence of a home lease registration file and the prompt prosecution of the parties;

(iii) The discovery of a security hidden house and the prompt rehabilitation of the parties;

(iv) To find timely legal treatment in violation of relevant regulatory provisions such as policing, firefighting, health and family planning, urban management and planning;

(v) The promotion of the rule of law and the provision of related services;

(vi) Other responsibilities.

Other relevant sectors should be informed of the location's housing and urban-rural construction authorities in accordance with the above-mentioned circumstances.

Article 24

Chapter III Obligation to lease the rights of the parties

Article 25 shall be subject to the following provisions:

(i) No rental of homes to natural, legal and other organizations that do not provide legal and effective documents;

(ii) Written notification and assistance to the tenants belonging to the mobile population by providing for residency registration and residence certificates;

(iii) Establish information on the name of the registered tenant, the type and number of valid identification documents, and report on the security dispatch of the leased house;

(iv) Regular security inspections of rented homes and the timely detection and exclusion of safe concealments;

(v) The rental of houses for the residence of more than a collective or two (including 2) personnel shall be guaranteed by the evacuation corridor, fire blocks, safe export access, and by the provision of firefighting facilities, equipment;

(vi) The rental of houses for the production, operation, office space or intensive public places for persons, such as cultural recreation, sports activities, should be in line with fire management provisions;

(vii) To identify tenants in violation of family planning policies or to rent homes to the population of the child-bearing age, and to report promptly on the health and family planning authorities in the home location;

(viii) The payment of the corresponding tax leasing fees under the law, if declared rents;

(ix) The discovery of suspected criminal offences within rental homes and the timely reporting of public security authorities or other relevant administrative authorities;

(x) Other acts to be observed by law, regulations and regulations.

Article 26

(i) No person who has no valid identity documents;

(ii) A mobile population whose place of residence is provided for by a residence registration or residence permit and other relevant registration procedures;

(iii) The protection and reasonable use of homes in accordance with the agreement on rental contracts shall not automatically change the structure and the nature of their use;

(iv) The discovery of a safe concealment of rented homes and the timely notification of the renter;

(v) In compliance with family planning policies, persons of married childbearing age should be aware of the guidance on family planning techniques;

(vi) The use of rented homes for production, operation, office or intensive public places for persons, such as cultural recreation, sports activities, shall be governed by the law;

(vii) No rental house shall be used to engage in illegal production, processing, storage, operation of hazardous items that are vulnerable to fuel and hazardous substances such as toxicity, radioactivity, corruption;

(viii) No rented houses shall be used for distribution or other criminal activities;

(ix) Other acts to be observed by law, regulations and regulations.

Article 27 provides for the sale of rented homes and shall notify the lessee within a reasonable period prior to the sale and the lessee shall have the right to buy the lease on equal terms.

Article 28 is naturally damaged by the lease contract, which is agreed by the lessor to be repaired in a timely manner, and the lessee can maintain himself and the cost of maintenance is borne by the lessor. The lessor shall be liable under the law for loss of property or injury to the lessee or a third person in a timely manner.

Article 29, the owner of the home lease, the home leaser agency shall be subject to the statute of the management of the owners of the industry, shall not undermine the legitimate rights and interests of other owners and the home users, and actively cooperate with the relevant authorities in collecting information, inspection, etc.

Article 33 has one of the following conditions in which the lessee may lift the lease contract:

(i) Use of rented homes for criminal activities;

(ii) Oriental changes in the housing structure or the agreed purpose;

(iii) The payment of rents in accordance with the lease contract;

(iv) Other cases of legal, regulatory or contractual agreement.

The renting house endangers the safety or health of the lessee and the lessee may at any time lift the lease contract and report to the relevant sectors in a timely manner.

Chapter IV Corporal punishment

Article 31, concerning negligence by administrative authorities and their staff in the management of house rental supervision and related work, abuse of authority, provocative fraud, is being redirected by their superior authorities or other sectoral orders with managerial competence, and is governed by law by the law.

In violation of this approach, there are one of the following cases where the time limit for housing and urban-rural construction authorities is being changed and is not reformulated and punished in accordance with the following provisions:

(i) In violation of one of the provisions of article 10, subparagraphs (i) to (iii), the rental of rented houses will not be taxed, with a fine of more than 5,000 dollars for individuals and a fine of up to 3,000 dollars for units;

(ii) In violation of article 10, paragraph (vi), it would not guarantee residence and the use of safe housing rentals, which would be punished in accordance with article 29 of the Regulations on the Safety of the Use of Security in the Housing of Hygis;

(iii) In violation of Article 12, the rental of the smallest rental unit in the original design room or the residence of the kitchen, hygienic, positive and underground storage rooms, with a fine of up to 5,000 dollars for personal service and a fine of up to 3,000 dollars for the unit;

(iv) In violation of article 16, paragraph 1, that there is no procedure for the registration of a house rental registry, with a fine of up to 500,000 dollars for personal service and a fine of up to 3,000 dollars for the unit;

(v) No venture funds, operational desks, archival information were established by the home rental brokers, with a fine of more than 5,000 dollars;

(vi) The owner's leaser, the brokering agency and its services conceal the real situation or provide false material, fines up to 5,000 dollars for the personal service, and fines up to 3,000 dollars for the brokering agency;

(vii) Contrary, transformation, transfer, deception or sale of home lease registration certificates, and fines for more than 500 dollars of personal service and fines for more than 500 thousand units;

(viii) The owner of the rental of the house has been able to change the security of the rental housing structure, which is sanctioned in accordance with article 25 of the Safety Management Regulations on the Use of Housing in Hygis.

In violation of this approach, there are one of the following cases, which are punishable by public security authorities in accordance with the provisions of the laws, regulations and regulations, such as the Law on the Safety and Security of the People's Republic of China.

(i) The rental of homes by the lessor to natural, legal and other organizations that are free of legal or valid documents;

(ii) The non-establishment of the registration of the tenants;

(iii) The discovery of criminal activities using rented homes that do not report to public security authorities;

(iv) The lease party, the brokering agency impedes the enforcement of functions under the law and violates the management of the security sector.

The renting party undermines the public interest or hinders the normal work and lives of others, warnings by the public security authorities to change the duration of the period of time; unprocessarily, with a fine of over 200 million dollars.

The lease party violates fire safety management provisions, which are sanctioned by public safety firefighting agencies in accordance with laws, regulations and regulations such as the People's Republic of China Fire Act.

Article 34 quarants of the construction of houses by the owner in violation of the law of the property of the leased homes, which are sanctioned in accordance with the relevant provisions of the urban and rural planning laws, regulations and regulations.

Article 33 fifiers do not declare the relevant tax fees arising from the payment of home rental activities in accordance with the law, which is sanctioned by the tax authorities in the house.

Article 36 Rental brokers and their service personnel violate the poor records set out in the scheme, which are registered by the housing and urban-rural construction authorities in their good faith files and are made public to society through websites.

In violation of this approach, other laws, regulations, regulations and regulations have administrative penalties, which are governed by law by the relevant administrative authorities.

Article 338 imposes administrative penalties in the area of housing rental management, and in accordance with the need for management, the housing and urban-rural construction authorities may, within their competence, be entrusted with the implementation of community-based service management and other business organizations that meet the conditions set out in article 19 of the People's Republic of China Administrative Punishment Act, to oversee the commission of administrative sanctions by the mandated organizations and assume legal responsibility for the consequences of the act.

The entrusted cause organization shall, within its mandate, impose administrative sanctions on the name of the entrusted department, and shall not authorize any other organization or individual to commit administrative sanctions.

Annex to chapter V

Article 39 Guarantees of rental housing are implemented in accordance with the relevant provisions of the State, the province and the city.

Article 40 The Modalities for the rental management of the city's housing in the city, published on 3 June 1999, were also repealed.