|
Welcome Guest
|
|
You are using Guest Account
|
|
||||||||||||||||||||||||||||||||||
|
TABLE OF CONTENTS CHAPTER I GENERAL PRINCIPLE CHAPTER II PREFERENTIAL POLICIES CHAPTER III DEVELOPMENT AND CONSTRUCTION CHAPTER IV DETERMINATION AND ANNOUNCEMENT OF PRICE CHAPTER V DEALINGS AND AFTER-SALE ADMINISTRATION CHAPTER VI BUILDING HOUSES BY COLLECTING FUNDS OR COLLABORATION CHAPTER VII SUPERVISION AND ADMINISTRATION CHAPTER VIII SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PRINCIPLE Article 1. The present Measures are formulated for the purposes of regulating the construction, transaction and administration of economically affordable houses, and protect the legitimate rights and interests of the parties concerned. . Article 2. The term "economically affordable houses" mentioned in the present Measures refers to the safeguard-policy-oriented commodity houses, for which the government offers preferential policies and sets limits on the construction size, target purchasers and sales prices. Article 3. Anyone who engages in construction and transaction of economically affordable houses or administers economically affordable houses shall abide by the present Measures. Article 4. In the development of economically affordable houses, the people's governments of the cities and counties shall adhere to the principle that "all places shall make different resolutions according to their respective situation under the state's macro guiding policy", properly determine the policy goals, construction standards, range and objects of provision in light of their respective local economic and social development situation, status quo of residential houses, income situation and other factors, and shall be responsible for organizing the implementation of them. Article 5. The system of application, examination, approval and announcement shall apply to purchases of economically affordable houses. Article 6. The administrative department of construction of the State Council shall be responsible for the nationwide guiding work related to economically affordable houses. The administrative department of construction of a province or autonomous region shall be responsible for the guiding and supervisory work related to economically affordable houses within its administrative area. The administrative department of construction or real estate of the people's government of a city or county (hereinafter referred to the administrative department of economically affordable houses) shall be responsible for the implementation and management work of economically affordable houses within its administrative area. The administrative departments of planning (development and reform), state land and resources, municipal planning and price of the people's governments at or above the county level and the financial institutions shall, according to their respective functions, be responsible for the relevant work of economically affordable houses. Article 7. The people' government of a city or county shall, on the basis of analyzing and forecasting of the market demands, formulate plans on the development of economically affordable houses within its administrative area. The administrative department of economically affordable houses of the people's government of the city or county shall, jointly with the administrative departments of planning, municipal planning, and state land and resources, make a good reserve of projects for facilitating development in future years according to the overall land use planning, the overall municipal planning and the planning on the development of economically affordable houses. Article 8. The administrative department of the people's government of a city or county shall, jointly with the administrative departments of construction, municipal planning, and state land and resources, formulate the annual investment plan on construction of economically affordable houses and land use plan according to the planning on the development of economically affordable houses and the reserve of projects. The land to be used for construction of economically affordable houses shall be incorporated into the local annual land supply plan. The construction of economically affordable houses of the Central government, state organs and the enterprises and public institutions there under, and the army shall be subject to jurisdictional administration. Their construction of economically affordable houses by using their self-use land shall, upon approval of the local administrative department, be incorporated into the local investment plan on construction of economically affordable houses, and shall be subject to unified management. CHAPTER II PREFERENTIAL POLICIES Article 9. The land for construction of economically affordable houses shall, according to the requirements of the overall land use planning and the overall municipal planning, be arranged properly, and shall be supplied by way of administrative allocations. Any one who obtains allocated land in the name of economically affordable houses shall be strictly prohibited from changing the purpose of use of land, shall not use the land for development of commodity houses. Article 10. Administrative fees incurred during the construction and business operations of economically affordable houses shall be charged at half the amount. The expenses for the construction of infrastructure outside the range of a project of economically affordable houses shall be paid by the government. Article 11. An individual who purchases any economically affordable houses and applies for a loan in a commercial bank shall not only keep in line with the Measures for the Management of Home Loans for Individuals, but also provide a certification of permit on the purchase of economically affordable houses. The rates of home loans for individuals shall be in conformity with the rates of loans announced by the People's Bank of China, and may not float upward. A construction entity of economically affordable houses may apply for houses development loans in a commercial bank by mortgaging the project under construction. Article 12. The houses accumulation fund used as loans for personal purchases of houses may be first granted to the individuals who purchase economically affordable houses. CHAPTER III DEVELOPMENT AND CONSTRUCTION Article 13. The development and construction of economically affordable houses shall, according to the principle of governmental organization and coordination, and enterprises' operation in market, subject to project-based legal person bid invitations. The real estate development enterprises that participate in bidding shall have corresponding qualifications, capital, good development performances and social reputation. Article 14. The economically affordable houses shall be strictly confined to small and medium-sized types. The size of a medium-sized house shall be about 80 sq. m and the size of a small one shall be about 60 sq. m. The people's government of city or county may, in light of the situation of local residents' incomes and housing and other factors, reasonably determine the size and percentage of each type of economically affordable houses, and shall conduct strict administration thereon. Article 15. The principles of appropriate standards, full functions, affordability, convenience and energy saving shall be observed in planning and designing economically affordable houses, while combining with the goal of building an overall well-off society in optimizing designing and planning plans. The construction of economically affordable houses shall strictly conform with the relevant technical requirements and standards of the state, shall actively popularize advanced, mature and available new technologies, techniques, materials and equipment, shall enhance the construction level. Article 16. The construction entity of economically affordable houses shall bear the final liabilities for the quality of the project of economically affordable houses developed by it. The construction entity shall offer the buyers a Houses Quality Guarantee and Manual of Instructions, and shall be liable for the guaranteed maintenance. CHAPTER IV DETERMINATION AND ANNOUNCEMENT OF PRICE Article 17. The prices of economically affordable houses shall be based on the principles of breakeven and tiny profit. The benchmark sale prices and the floating margin shall be determined according to the Measures for the Management of Economically Affordable Houses (No. 2503 of the State Planning Commission). The standards on rent shall be determined by the competent administrative department of price jointly with the administrative department of economically affordable houses on the basis of comprehensive consideration of construction, management costs and profit of 3% or less. The determined prices of economically houses shall be announced to the general public. Article 18. The economically affordable houses shall be sold at marked prices. The sale prices shall not exceed the announced benchmark prices and floating margin. Except for the marked prices, no other fee may be charged. The administrative departments of price shall conduct supervision on the prices of economically affordable houses in pursuance of law. Article 19. Toll cards shall be adopted for economically affordable houses. When relevant departments charge any fees, they shall fill out the register card issued by the price administrative department. No entity may, in the name of guarantee deposit or security, charge the construction entities of economically affordable houses any fees in a disguised form. CHAPTER V DEALINGS AND AFTER-SALE ADMINISTRATION Article 20. A family that meets the following requirements may apply for purchasing or renting one economically affordable house: (1) The family members are local urban permanent residents (including the armymen satisfying the local settlement conditions) or the target people determined by the people's government of the city or county; (2) The family has no house or the size of its current house is smaller than the standard specified by the people's government of the city or county; (3) The income of the family is less than the standard on income specified by the people's government of the city or county; and (4) Other conditions provided for by the people's government of the city or county. Article 21. The people's government of a city or county shall, in light of the prices of local commodity houses, disposable income of residential families, housing, and composition of families and other factors, formulate the conditions for persons allowed to purchase or rent economically affordable houses and the size standards, and shall publish them to the general public. Article 22. An applicant shall file an application to the administrative department of economically affordable houses upon the strength of the household registration book, the income certification and the housing certification issued by the entity where he holds a position or by the sub-district office. Article 23. The administrative department of economically affordable houses of the people's government of a city or county shall finish the examination process for the applications within a specified time limit. It shall announce the applicants meeting the conditions to the general public. Where there is any complaint against an applicant after the announcement, the administrative department of economically affordable houses shall, jointly with the relevant departments, conduct investigations and verifications. If there is no complaint or the complaint is found untrue upon investigation and verification, the administrative department of economically affordable houses shall write down its investigation and verification opinion on the application form as well as indicate the preferential purchase size and the total amount of home purchase price. Article 24. With regard to a family that meets the said conditions, it may purchase an economically affordable house in conformity with the ratified size. In principle, the purchase size shall not exceed the ratified size. The purchase size within the range of the ratified size shall be purchased at the ratified price. As to the part of purchase size exceeding the ratified size, the buyer shall not enjoy governmental preferential treatments, he shall make up the price difference. The measures for handling the price difference of the excessive size shall be formulated and announced by the people's government of the city or county. Article 25. After purchasing an economically affordable house, the individual resident shall go through the formalities for registration of ownership. When the register department of houses or land handles the ownership registration, it shall indicate the economically affordable houses or allocated land respectively. Article 26. An economically affordable house may, a year after being granted the houses ownership certificate and land use certificate, be sold at market price in market. When it is sold, a certain percentage of yields ¨C the current price difference between the common commodity houses of and the economically affordable houses at the same sector ¨C shall be paid to the government. The specific limits on the number of years and percentage shall be determined by the people's government of the city or county. No economically affordable houses may be rented unless the said yields have been paid to the government. Article 27. The state encourages the real estate development enterprises to build economically affordable houses for renting and to rent the houses to the families meeting the relevant conditions at the prices determined by the government. Article 28. After the buyer of an economically affordable house has sold his economically affordable house at market price, he shall not repurchase economically affordable houses. If the buyer of an economically affordable house needs to replace his economically affordable house by purchasing another one, he shall, before re-filing an application, have sold his house at the current price of economically affordable houses to a family that has obtained the corresponding qualifications. CHAPTER VI BUILDING HOUSES BY COLLECTING FUNDS OR COLLABORATION Article 29. The houses built by raising funds and houses built by collaboration are composite parts economically affordable houses. The examination and approval relating to the construction standards, preferential policies, conditions for dealing in the market and objects of supply shall be carried out in strict compliance with the relevant provisions on economically affordable houses. Building houses by raising funds or collaboration shall be incorporated into the local plan on economically affordable houses and land use plan. Article 30. With regard to an industrial and mining area or enterprise in which there are many families having housing difficulties, it may, upon approval of the city or county, build houses on self-use land by raising funds or collaboration under the precondition of keeping in line with the overall land use planning, municipal planning and the entity's development plan. The objects of houses to-be-built by raising funds or collaboration shall be confined to the families without houses in this entity and the families having housing difficulties provided for by the people's government of the city or county. Article 31. The collective or collaborative funds collected against the staff members or community members for house building shall be subject to special management and used for the very purpose only. They shall be subject to the supervision of the local public finance department and the administrative department of economically affordable houses. Article 32. Anyone who has already enjoyed the preferential policies of houses reform and purchased an economically affordable house or been involved in building houses with raised funds or in collaborative house building may not be involved again in raising funds for house building or for collaborative house building. It is rigidly prohibited for any entity to allocate houses or commodity house development in any disguised form under the pretext of building houses by raising funds or collaboration. Article 33. The entities that use collective funds for house building or involved in collaborative house building are merely allowed to charge management fees at prescribed rates, and may not produce any profit. Article 34. The people's government of the city or county may, according to the level of economic development, housing situation, incomes of the residents, and the houses prices, etc. of the locality, determine whether to encourage fund-raising and collaborative house building, and determine the scale of construction. CHAPTER VII SUPERVISION AND ADMINISTRATION Article 35. All relevant departments shall strengthen the investigation and punishment of the acts that violate the law or disciplines in the construction or dealing of economically affordable houses. Anyone who changes, without approval or authorization, the uses of the economically affordable houses or the uses of the raised funds or the land for collaborative house building shall be subject to punishment by the land administrative department according to relevant provisions. Anyone who raises the selling price of any economically affordable houses or the houses built with collective or collaborative funds without approval or authorization or refuses to follow the standards provided for by the price administrative department on rent of economically affordable houses shall be punished by the price administrative department in accordance with the law. Where anyone sells or rents economically affordable houses to families without corresponding qualifications, or organize the families without corresponding qualifications to build houses by raising funds or collaboration, the administrative department for economically affordable houses shall order the construction entity to take them back within a time limit. If it is unable to take back, the construction entity shall make up the price difference between the economically affordable houses or houses built with collective funds or collaborative funds and the commodity houses, and shall be subject to punishment. Article 36. With regard to any individual who has purchased any economically affordable house(s) or been involved in building houses with raised funds or in collaborative house building by making false or concealing his family incomes or houses situation, the administrative department of economically affordable houses shall withdraw the purchased house(s) or demand the buyer to make up the house price according to the market price, and may propose the entity where the applicant is holding a position to give an administrative sanction to the applicant. As to any entity that issues false certification, the administrative department for economically affordable houses shall propose the relevant department to investigate and punish the main leaders of this entity. CHAPTER VIII SUPPLEMENTARY PROVISIONS Article 37. The administrative departments for economically affordable houses of the people's governments of all provinces, autonomous regions and municipalities may, jointly with the administrative departments for planning (development and reform), state land and resources, price and finance, formulate detailed implementation rules according to the present Measures. Article 38. The power to interpret the present Measures shall remain with the Ministry of Construction, the State Development and Reform Commission, the Ministry of State Land and Resources and the People's Bank of China. Article 39. The present Measures shall be implemented as of the promulgation day of this Notice. Anyone who has purchased economically affordable houses or signed a purchase contract or agreement on economically affordable houses prior to this day shall be governed by the prior provisions. |
||||||||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||||||||
|
Copyright 2002 NovexCn.com
|