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中华人民共和国城市房地产管理法(英文版)

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2021-02-18 02:30
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2021年2月18日发(作者:maopian)


中华人民共和国城市房地产管理法



Law of the People’s Republic of China on



Urban Real Estate Administration



(adopted by the 8th meeting of the Standing Committee of the 8th National People’s Congress on July 5, 1994


and amended according to the Decision on Amending the La


w of the People’s Republic of China on Urban


Real


Estate


Administration


which


was


adopted


at


the


29th


meeting


of


the


standing


committee


of


the


10th


National People’s Congress of the People’s Republic of China on August 30th, 2007)




CONTENTS



CHAPTER I GENERAL PRINCIPLES



CHAPTER II LAND FOR REAL ESTATE DEVELOPMENT



PART 1 LEASING OF RIGHT OF LAND USE



PART 2 ALLOCATION OF RIGHT TO USE LAND



CHAPTER III REAL ESTATE DEVELOPMENT



CHAPTER IV TRANSACTIONS OF REAL ESTATE



PART 1 GENERAL PROVISIONS



PART 2 TRANSFER OF REAL ESTATE



PART 3 MORTGAGE OF REAL ESTATE



PART 4 LEASING OF HOUSES



PART 5 INTERMEDIATE SERVICE AGENCIES



CHAPTER V REGISTRATION OF REAL ESTATE TITLE



CHAPTER VI LEGAL LIABILITIES



CHAPTER VII SUPPLEMENTARY PROVISIONS




CHAPTER I GENERAL PRINCIPLES




Article


1


This


law


is


formulated


for


the


purpose


of


safeguarding


the


real


estate


market


order,


protecting lawful rights and interests of real estate owners and promoting healthy development of


the real estate industry through a strengthening of urban real estate administration.




Article 2 Those who acquire the right to use the State-owned land within the designated urban


area


of


the


People’s


Republic


of


China


(hereinafter


referred


to


as


State


-owned


land


for


real


estate development, engage in real estate development or transactions of real estate and exercise


real estate administration shall abide by the law.




The buildings referred to in this law shall mean houses and other structures on the land.




The real


estate development referred to in


this


law shall


mean the activities of construction of


infrastructures


and


buildings


on


the


land


that


the


right


to


use


the


State-owned


land


has


been


assigned in accordance with this law.





1


The transactions of real estate referred to in this law shall mean transfer of real estate, mortgage


of real estate and leasing of buildings.




Article


3


The


State


practices


system


of


using


State-owned


lands


under


due


compensation


and


terms of using the land except the use of State- owned land allocated by the State according to


this law.



Article 4 The State shall, in accordance with the social and economic development level, supports


construction of residential houses to gradually improve the living conditions of local residents.




Article


5


Real


estate


owners


shall


abide


by


the


laws


and


administrative


decrees


and


pay


tax


according to the law. The lawful rights and interests of real estate owners are protected by the law


against any infringement by institutes and individuals.




Article 6 For public interests, the state can exprop


riate any entity or individual’s house built on


state-owned


land,


but


the


state


shall


give


relocation


compensations


according


to


law


and


safeguard


the


legitimate


rights


and


interests


of


the


entity


or


individual.


If


an


individual’s


residential


house


is


to


be


expropriated,


the


state


shall


guarantee


the


housing


conditions


of


the


individual. The specific measures shall be formulated by the State Council.



Article


7


The


administrative


department


in


charge


of


construction


and


the


land


administration


department of the State Council shall administer the work of real estate nationwide individually


or cooperatively under their own powers.




The


organizational


set-up


and


power


of


the


reall


estate


administration


and


land


administration


departments of the local people’s


governments above the county level shall be determined by the


provincial, autonomous regional or municipal people’s governments.




CHAPTER II LAND FOR REAL ESTATE DEVELOPMENT




PART I LEASING OF RIGHT OF LAND USE




Article


8


Leasing


the


right


of


land


use


means


that


the


State


leases


the


right


of


using


the


State- owned land to land users within a certain period and the land users shall pay the State fees


for using the land.




Article 9 For a collectively-owned land within a designated urban area, it must be requisitioned


and turned into State-owned land in


accordance


with


law first


and then for leasing out


to


land


users with due compensation.




Article 10 The lease out of land for use must comply with the overall land use plan, the urban


plan and the annual construction land use plan.



Article


11


For


leasing


out


the


right


of


their


land


for


real


estate


development,


they


people’s


government above the country level must first of all draft plans of total areas of land to be leased


out


in


a


year in


accordance with


th


e


control


quotas assigned by the people’s


government


at


or



2


above the provincial level, and following the provisions of the State Council, report to the State


Council or provincial-


level people’s government for endorsement.




Article 12 The right to use land shall be leased step by step in a planned manner by city or county


people’s governments. A city or county people’s government and the urban planning, construction


and


real


estate


administration


departments


shall


jointly


draft


a


plan


on


the


tracts


of


land


to


be


leased out with their uses, term of use and other conditions, and following the provisions of the


State Council, report to the empowered people’s government for approval and then hand down


the


plan


to


the


land


administration


department


of


the


city


o


r


county


people’s


government


for


execution.




The


power


consigned


to


county


people’s


governments


and


the


relevant


departments


of


the


municipality


directly


under


Central


Government


for


execution


as


referred


to


in


the


above


paragraph shall be determined by t


he municipal people’s government.




Article 13 The right of use land shall be leased through auction, bidding or negotiations between


the related parties.



The right to use the land for construction of commercial, tourist, recreational facilities or luxury


housing must be leased out through auction or bidding, when conditions permit; when conditions


do not permit and auction or bidding cannot be adopted, it may be leased through negotiations


between the related parties.




Prices for the use of the land leased out through negotiations between related parties shall not be


lower than the bottom price stipulated by the State provisions.




Article 14 The maximum term of land use shall be stipulated by the State Council.




Article 15 A written contract for the lease shall be signed on the lease of the right to use land.




The


contract


for


the


lease


of


the


right


to


use


land


shall


be


signed


by


the


land


administration


department of a city or county people’s government and land users.




Article


16


Land


users


shall


pay


the


lease


fees


of


the


right


to


use


land


in


accordance


with


the


contracts signed for the lease; when one fails to pay the fees for the use of the land in accordance


with the related contract of the lease, the land administration department has the right to rescind


the contract and ask for compensation for violation of the contract.




Article 17 When land users pay the lease fees


for the right of land use in accordance with the


contract for the lease, the land administration department of a city or county peo


ple’s government


must provide the land in accordance with the contract for the lease; when the land is not provided


in


accordance with


the contract


for the lease, the land user has the right


to


cancel


the contract


with the fee handed over for the use to be returned by the land administration department and the


land user may also ask for compensation for the violation of the contract.




Article 18 Land users who need to change the use of the land prescribed by the contract must first



3


of all get the consent from the land lessor and the urban planning department of the city or county


people’s government, sign an agreement for revision of the contract for the lease of the right to


use land or sign a new contract for the lease of the right to use land and readjust the lease fees of


the right to use land accordingly.



Article 19 Lease fees for the right of land use must be handed over to the financial department to


be


entered


into


the


budget


and


used


for


the


construction


of


urban


infrastructures


and


land


development.


The hand-


over procedure and the use of the lease fees for the


right


of land use


shall be stipulated by the State Council.




Article 20 The State shall not take back the right of land use that the land users have obtained in


accordance with the law before the expiration of the agreed term prescribed in the contract; under


special


circumstances,


the


State


may


take


back


the


land


in


advance


out


of


public


interest


consideration


in


accordance


with


legal


procedures


and


corresponding


compensation


shall


be


given to the related land user in accordance with the real term that the land had been used and the


real conditions of the land development.




Article 21 The right of land use shall terminate with extinction of the land.




Article 22 Upon a continuous use of the land after expiration of the agreed term prescribed by the


contract, the land user has to apply for extension at least one


year before the expiration of the


term. The application shall be approved except that the tract of land needs to be taken back out of


public interest consideration. When extension is approved, it is necessary to re-sign a contract for


the use of the land and pay fees accordingly for the use in accordance with the provisions.




When the agreed term prescribed by the contract for use of the land expires and the land user has


not applied for extension or the application for extension has not been approved in accordance


with the provision of the above paragraph, the right to use the land shall be returned to the State


gratis.




PART II ALLOCATION OF RIGHT TO USE LAND




Article 23 The allocation of the right to use land shall mean the hand over of a tract of land by the


people’s governments above the county level for use by a land user in accordance with the law


for compensation, settlement, etc. or gratis.




The


right


of


land


use


obtained


through


allocation


in


accordance


with


this


law,


except


those


prescribed otherwise by the laws and administrative rules, has no time limit.



Article 24 The right of land use for construction of the following projects, may be allocated by


the people’s governments above the country level when necessary:




(1) land used by State organs of for military purpose;




(2) land used for construction of urban infrastructures and public utility;




4


(3) land used for construction of the State-supported key energy, transport and water conservancy


projects; and




(4)land used for other purpose stipulated by the laws and administrative rules.




CHAPTER III REAL ESTATE DEVELOPMENT




Article


25


Real


estate


development


should


be


made


in


strict


accordance


with


the


urban


developing


plan


under


an


overall


planning,


rational


layout,


comprehensive


development


and


balanced


construction


of


all


facilities


to


achieve


an


integration


of


economic,


social


land


environmental effect.




Article


26


Those


who


have


obtained


the


right


of


land


use


through


lease


for


real


estate


development


must


develop


the


land


in


accordance


with


the


use


and


term


as


prescribed


by


the


contract for the land use. When the development has not started one year later than the date for


starting the development as prescribed by the contract, an idle land fee less than 20 percent of the


lease fees for land use may be collected and when the development has not started two years later,


the right to use the land may be taken back without any compensation, except that the delays are


caused


by


force


majeure,


the


activities


of


government


or


governmental


departments,


or


the


necessary preparatory work for starting the development.



Article 27 The design and construction of a real estate development project must comply with the


State relevant standards and norms.



After its completion, a real estate development project must be inspected and accepted before it


can be put into operation.




Article 28 The right to use a land obtained in accordance with the law may be evaluated to be


turned into shares for a joint equity of cooperative real estate venture in accordance with this law,


the relevant laws and administrative decrees.




Article


29


The


State


adopts


preferential


tax


and


other


measures


to


encourage


and


support


real


estate development enterprises to develop and build residential buildings.



Article 30 A real estate development enterprise shall mean an enterprise engaged in development


and


operation


of


real


estate


for


the


purpose


of


profit.


The


establishment


of


a


real


estate


development enterprise shall have the following conditions:




(1) Its own name and organization;




(2) A fixed site for business operations;




(3)The registered capital complying with provisions of the State Council;



(4) Sufficient professionals and technicians; and





5


(5) Other conditions prescribed by the law and administrative decrees.




To


establish


a


real


estate


development


enterprise,


a


registration


should


be


made


with


the


Administration for Industry and Commerce. The Administration for Industry and Commerce shall


handle registration procedures of those which comply with conditions as prescribed by this law


and issue licenses to them; and refuse to


handle registration procedures


of those


which do not


comply with conditions prescribed by this law.




Those


which


establish


a


limited


liability


company


or


limited


stock


company


to


engage


in


real


estate


development


and


operations


shall


also


execute


the


relevant


provisions


of


the


Corporate


Law.




A


real


estate


enterprise


shall


report


for


record


to


a


department


designated


by


the


people’s


government above county level where the registration department is located within one months


after obtaining the license.



Article


31


The


ratio


between


the


registered


capital


and


the


total


investment


of


a


real


estate


enterprise must comply with the relevant State provisions.




When a real estate enterprise develops a real estate project in phases, the amount of investment in


each phase shall suit the project scale of that phase and, in accordance with the provisions of the


contract for the lease of the right to use land, funds shall be put into construction on schedule.



CHAPTER IV TRANSACTIONS OF REAL ESTATE




PART 1 GENERAL PROVISIONS



Article 32 When a real estate is transferred or mortgaged, the ownership of the building and the


right to use the land occupied by the building are transferred or mortgaged at the same time.




Article 33 The standard land prices, the nominal land prices and the appraised prices of various


buildings shall be determined and published regularly. The specific methods shall be stipulated by


the State Council.



Article 34 The State institutes a real estate price evaluation system.




The evaluation


of price for a real


estate follows


the principles of being just,


fair and public in


accordance with the technological standards and evaluation procedures as stipulated by the State


basing


on


the


standard


land


price,


nominal


land


price


and


the


appraised


prices


of


various


buildings and referred to the local market prices.




Article 35 The State institutes a report schedule for real estate transacted price.




Owners of real


estate right


who transfer real


estate shall


report the


real


settlement


price to


the


department


designated


by


the


local


people’s


government


above


the


county


level.


None


shall


conceal a transfer or make untrue report.




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