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城市房地產轉讓管理規定(修正)英文版

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Promulgation date

1994/08/07

Effective region

NATIONAL

Promulgator

Ministry of Construction

Document no

Order of the Ministry of Construction No.96

Effectiveness

Effective

Effective date

1995/09/01

Category

Real Estate Transaction ( Land & Real Estate Law->Real Estate->Real Estate Transaction )



Provisions on the Administration of Urban Real Estate Transfer (Revised)

Order of the Ministry of Construction No.96
 

August 7, 1995
 

Article 1 In order to strengthen the administration of urban real estate transfer, to maintain the order of real estate market and to guarantee the lawful rights and interests of the parties to real estate transfer, these Provisions are formulated in accordance with theLaw of the People's Republic of China on the Administration of the Urban Real Estate.
 

Article 2 Whoever engaged in real estate transfer or the administration of real estate transfer within the state-owned land of urban planning areas shall observe these Provisions.
 

Article 3 The term "real estate transfer" used in these Provisions refers to the acts of the owner of real estate right to transfer its real estate to others by sales, donation or other legal means.
 
The "other legal means" used in the preceding paragraph mainly include the following acts:
 
1. Establishing an enterprise with the status as a legal person by converting the real estate as shares, thus changing the ownership of the real estate;
 
2. One party providing the land use right and the other party or parties providing the funds to develop and manage the real estate in the form of joint equity venture or contractual cooperative venture, thus changing the ownership of the real estate;
 
3. The ownership of real estate being transferred because of the purchase, consolidation or merger of enterprise;
 
4. Paying a debt in kind of real estate;
 
5. Other circumstances provided for by laws and regulations.
 

Article 4 The administrative department in charge of construction under the State Council shall be responsible for the centralized administration of the urban real estate transfer of the whole country.
 
The administrative departments in charge of construction of the people's departments of the provinces and autonomous regions shall be responsible for the centralized administration of urban real estate transfer within their respective administrative areas.
 
The administrative departments in charge of real estate of the people's governments of the municipalities directly under the Central Government, cities and counties (hereinafter referred to as the departments of real estate administration) shall be responsible for the administration of urban real estate transfer within their respective administrative areas.
 

Article 5 When any real estate is transferred, the land ownership and the land use right of the land occupied by that house shall be transferred at the same time.
 

Article 6 Real estate under the following circumstances shall not be transferred:
 
1. If the land use right is obtained by assignment, but the conditions provided for in Article 10 of these Provisions are not satisfied;
 
2. If the judicial organs or administrative organs rule according to law to seizure the real estate or to restrict the real estate right by other means;
 
3. If the land use right has been withdrawn according to law;
 
4. In case of real estate under joint ownership, if the written approval of other joint owners hasn't been obtained;
 
5. It the ownership is in dispute;
 
6. If the ownership certificate hasn't been drawn through registration according to law;
 
7. Other circumstances under which the real estate is prohibited from transfer provided for by laws and administrative regulations.
 

Article 7 The following procedures shall be followed for real estate transfer:
 
1. The parties to the real estate transfer shall sign the written transfer contract;
 
2. The parties to the real estate transfer shall, taking with them the real estate ownership certificate, the legal certification of the parties, the transfer contract and other relevant documents, apply to the department of real estate administration of the place where the real estate is located within 90 days from the signing of the real estate transfer contract, and shall report the dealing price;
 
3. The department of real estate administration shall examine the relevant documents submitted, and make a written reply on whether to accept the application or not within 7 days, if no written reply is made within that period, approval for acceptance is deemed to be granted;
 
4. The department of real estate administration shall verify the dealing price reported, and shall make on-spot examination and evaluation of the real estate to be transferred according to needs;
 
5. The parties to the real estate transfer shall pay the relevant taxes and fees according to the Provisions;
 
6. The department of real estate administration shall handle the formalities of house ownership registration, and issue the real estate ownership certificate after verification.
 

Article 8 The contract of real estate transfer shall clearly indicate the following main contents:
 
1. Names or titles, and domiciles of the two parties;
 
2. Name and serial number of the real estate ownership certificate;
 
3. Location, acreage and the limits in four directions of the real estate;
 
4. Land plot number, and the way of obtaining the land use right and the time limit;
 
5. Use or the nature of use of the real estate;
 
6. Dealing price and the form of payment;
 
7. Time of delivery of the real estate for use;
 
8. Responsibilities for breach of contract;
 
9. Other matters agreed upon by the two parties.
 

Article 9 Where the land use right is obtained through assignment, the rights and obligations clearly indicated in the contract of land use right assignment shall be transferred with the real estate.
 

Article 10 Where the land use rights is obtained through assignment, the following conditions shall be satisfied when the real estate is transferred:
 
1. The fees for the assignment of land use right have been paid in full according to the terms of the contract of assignment, and the land use right certificate has been obtained;
 
2. Where investment and development is carried out according to the terms of the contract of assignment, with respect to house construction projects, not less than 25% of the total project of development shall be completed; with respect to development of land in plot, the land shall be developed and constructed according to the planning, the construction of the civil infrastructure and public facilities such as water supply, drainage, power supply, heat supply, roads and traffic, communication, etc. shall be completed, and the conditions for industrial use site or other construction site shall be formed.
 
If the construction of the house has already been completed when the real estate is transferred, the owner shall have the house ownership certificate.
 

Article 11 Where the land use right is obtained through allocation, the transfer of real estate shall be reported to the people's government with the power of approval for examination and approval according to the provisions of the State Council. If the people's government with the power of approval approves the transfer, except under the circumstances prescribed in Article 12 of these provisions under which the formalities of the assignment of land use right need not to be gone through, the assignee shall go through the formalities of the assignment of land use right, and pay the fees for the assignment of land use right according to the relevant provisions of the State.
 

Article 12 Where the land use right is obtained through allocation, when the real estate is transferred, the formalities of the assignment of land use right need not to be gone through with the approval of the people's government under any of the following circumstances, but the land proceeds among the proceeds obtained from the real estate transfer shall be handed in to the State or be disposed of by other means. The measures for the payment and disposition of land proceeds shall be followed according to the provisions of the State Council.
 
1. If, with the approval of the administrative department in charge of city planning, the land transferred is used in the construction of the projects prescribed in
 Article 23 of the Law of the People's Republic of China on the Administration of the Urban Real Estate; 
2. If the private dwelling house is still used as dwelling place after the transfer;
 
3. If the public-owned dwelling house is sold according to the relevant provisions of housing system reform of the State Council;
 
4. If part of the houses on the same land plot is transferred while the land use right may not be transferred in part;
 
5. If it is difficult at the present time to determine the use, time limit and other conditions of the assignment of the land use right of the transferred real estate;
 
6. If the land use right is not suitable for assignment according to the city planning;
 
7. Other circumstances under which land use right assignment can't or need not be adopted for the present time as prescribed by the people's governments at the level of county or above. Where the land proceeds are handed in or disposed of otherwise according to the provisions of the preceding paragraph, it shall be clearly indicated in the contract of real estate transfer.
 

Article 13 Where the real estate transferred is to be retransferred according to the provisions of Article 12 of these Provisions, if it is needed to go through the formalities of assignment and to make up the fees for land use right assignment, the land proceeds that have been handed in shall be deducted.
 

Article 14 The State applies the system of report of the dealing price of real estate.
 
The owners of real estate right shall report the dealing price according to the facts when transferring the real estate, and may not conceal or make false report.
 
The reported real estate dealing price shall be taken as the basis of payment of taxes and fees in real estate transfer. Where the dealing price is obviously below the normal market price, the evaluated price shall be taken as the basis of payment of taxes and fees.
 

Article 15 The advance sale of commercial housing shall be subject to the Measures on the Administration of Advance Sale of Urban Commercial Housing of the Ministry of Construction.
 

Article 16 When the departments of real estate administration deal with the real estate transfer, the charging items and standards shall be approved by the price departments and administrative departments in charge of construction with the power of approval, and the charging items shall not be increased or the charging standards be increased without authorization.
 

Article 17 Those, in violation of the first paragraph of Article 10 and Article 11 of these Provisions, failing to go through the formalities of land use right assignment and pay the fees of land use right assignment shall be punished according to the
 Law of the People's Republic of China on the Administration of the Urban Real Estate. 

Article 18 The functionary of the departments of real estate administration who neglect their duties, abuse their powers, practice favoritism and frauds, demand and accept bribes shall be given administrative punishments according to law, and the criminal responsibilities shall be investigated for if a crime is constituted.
 

Article 19 These Provisions shall be referred to in the implementation of the real estate transfer within the state-owned land outside the urban planning areas.
 

Article 20 The administrative departments in charge of construction of the provinces and autonomous regions, and the administrative departments in charge of real estate of the municipalities directly under the Central Government may formulate detailed rules for implementation according to these Provisions.
 

Article 21 The power to interpret these Provisions shall remain with the administrative department in charge of construction under the State Council.
 

Article 22 These Provisions shall come into effect as of September 1, 1995.

 

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