|
Rules
of Shenzhen Municipality on the Administration of Leasing Houses
|
|
(Promulgated
by Decree No.63 of Shenzhen Municipal People' s Government on
August 6, 1997, as revised
by Decree No.118 of Shenzhen
Municipal People' s Government on July 23, 2002, and revised by
Decree
No.139 of Shenzhen Municipal People' s Government on
December 10, 2004)
|
|
|
|
Article 1
In order to strengthen the administration of leasing houses in
Shenzhen Municipality (hereinafter
referred to as the
municipality), safeguard the healthy development of the market
of house tenancy
and maintain the public order of society, these
rules are formulated according to relevant laws and regulations.
|
|
|
|
Article
2
The leasing houses mentioned in these rules include the leasing
houses for residence, industry,
commerce or other use.
|
|
|
|
Article
3
The administrative departments of house tenancy of the municipal
and district people' s governments
are the administrative
competent departments of house tenancy. The administrative
department of
house tenancy of the municipal government shall
carry out uniform administration to the market of house tenancy
according to law.
|
|
The
municipal and district comprehensive administrative agencies of
house tenancy shall be in charge
of the comprehensive
coordination, direction, inspection and supervision of the
administration
to leasing houses.
|
|
The
municipal and district departments of public security shall be
in charge of the administration
of public security and fire
prevention to leasing houses, and the household registration of
the
temporary residents in leasing houses.
|
|
The
municipal and district departments of tax, industry and commerce£¬
family planning£¬culture,
health, quality and technology supervision, production safety
supervision and administration,
and city appearance shall carry
out the administration of leasing houses within their respective
powers and duties.
|
|
|
|
Article 4 The people' s governments at all levels shall
strengthen the leadership and coordination to the administration
of leasing houses.
|
|
|
|
Article 5 In need, the district people' s government shall organize the
district administrative departments of house tenancy,
public
security, family planning, tax and other functional departments
jointly to carry out centralized
settlement of the registration
or putting on record of house-leasing contract, the registration
of resident' s information, the registration of household, the
administration of birth control and the collection
of tax and
fee.
|
|
Measures
in detail for the joint work shall be enacted by the district
people' s government, and
the outlay of joint work shall be
approved and appropriated by the district finance.
|
|
|
|
Article
6 The
system of signing the "Promise of Taking comprehensive
administration of Leasing House in Charge"
and the "Promise
of Birth Control" shall be carried out in the administration
of leasing houses
for residence.
|
|
|
|
Article
7
The parties of house-leasing shall apply for the
registration or putting on record of lease contract within 10
days upon its conclusion to the administrative department of
house tenancy. In case the lease contract
is altered or
cancelled, relevant parties shall submit relevant certificates
to the administrative
department of house tenancy within 10 days
upon the alteration or cancellation, and conduct relevant
formalities of registration or putting on record.
|
|
When
conducting the registration or putting on record of lease
contract (for residence), the administrative
department of house
tenancy shall check the "Promise of Birth Control" signed by
the lessor with
the department of family planning, where the
leasing house locates. If the lessee is a temporary resident, he
shall submit his effective identity certificate and relevant
birth control certificate verified by
the said department of
family planning. If
there is no "Promise of Birth Control" or unverified
relevant birth control certificate, the
administrative
department of house tenancy shall register and report the
situation to the local
department of family planning in time.
|
|
The
comprehensive administrative agency of house tenancy shall
accomplish the collection, statistics
and feedback of
residents' information.
|
|
|
|
Article
8
After the administrative department of house tenancy examines
the leasing contract according to
law, it shall issue the
documentation of registration or putting on record of
house-leasing, which
is an effective certificate for relevant
department to conduct related formalities.
|
|
|
|
Article
9
The municipal administrative department of house tenancy shall
publicize the guiding rental of
house tenancy once a year, and
may publicize the guiding rental once half a year according to
the
needs of market fluctuations.
|
|
|
|
Article
10
It is strictly prohibited to rent out any one of the following
houses:
|
|
(1)
The house that is determined as dangerous for use by relevant
competent department;
|
|
(2)
The house, which is involved in a promulgated demolition
announcement;
|
|
(3)
The house without any certification of right.
|
|
(4)
The houses, which are prohibited to be rented out by laws or
regulations.
|
|
If
the house listed in the preceding paragraph is rented out, the
relevant competent department
shall clear up and demolish it in
time according to law. If
there is person living in the house, relevant governmental
department, where the house locates,
shall clear it up according
to law. If there is an illegal lease, the administrative
department
of house tenancy shall confiscate the lessor' s
illegal gains according to law, and impose him a fine of not
more than one time of his illegal gains.
|
|
|
|
Article
11
The lessor shall perform the following obligations:
|
|
(1)
Observing relevant laws, regulations and rules;
|
|
(2)
Equipping the leasing house for residence with basic conditions
of living and safety;
|
|
(3)
Refusing to rent out the house to any person without effective
identity document or civil capacity;
|
|
(4)
Reporting the basic conditions of lessee or other residents to
the comprehensive administrative
agency of house tenancy, where
the house locates, on the day when they move in, submitting the
information form of residents to it within 3 days, and reporting
the change of resident to it in time.
|
|
(5)
Reporting the hidden danger of public security of the leasing
house upon discovery to the public
security organization in
time, and assisting it to investigate and prosecute;
|
|
(6)
Reporting to the public security organization or relevant
functional department in time when
discovering the lessee or
other resident commits illegal acts or is a criminal suspect;
|
|
(7)
Assisting relevant governmental departments in administrating
leasing houses, and going to the
administrative department of
house tenancy for putting on record if he entrusts others to
assist.
|
|
|
|
Article
12
The lessee shall observe the following provisions:
|
|
(1)
Stating the actual number of residents, presenting the effective
identity certificates of his
and other residents, and filling in
the information form of resident according to the facts when he
rents a leasing house for residence.
|
|
(2)
Registering the alteration of resident' s information on the
day when the other residents change;
|
|
(3)
Applying for temporary registered residence within 3 days upon
moving in and applying for the
certificate of temporary
residence according to relevant provisions to the pubic security
organization,
where the leasing house locates, and refusing to
accommodate any person without effective identity certificate;
|
|
(4)
Being forbidden to arbitrarily change the use of the leasing
house, and observing relevant regulations
when he uses the
leasing house to carry out the operation of hotel, food and
beverage, entertainment
or internet bar;
|
|
(5)
Being forbidden to use the leasing house to commit illegal or
criminal acts, such as gambling,
taking or trafficking in drugs,
being prostitute or visiting prostitute, producing and selling
obscene article, forging certificate, printing illegal
publication, manufacturing or selling fake and interior
commodity, harboring criminal, concealing or disposing plunder;
|
|
(6)
Being forbidden to use the leasing house to commit illegal acts,
such as multiple level marketing
or multiple level marketing in
disguised way, running business without license, running a
clinique
without permit, undertaking medical treatment illegally
or recalling renewable resource illegally;
|
|
(7)
Being forbidden to use the leasing house to commit fraud in job
introduction, marriage brokerage,
training or real estate
brokerage without permit;
|
|
(8)
Being forbidden to use the leasing house for residence to
produce, store or operate the combustible,
explosive, poisonous,
radioactive or other danger substance;
|
|
(9)
Reporting to the public security organization in time when
discovering any illegal act or criminal
suspect in the leasing
house;
|
|
(10)
Assisting relevant governmental departments to administrate
leasing houses.
|
|
|
|
Article 13 The working person of the administrative
department of house tenancy has the right to examine whether the
lease accords with the relevant provisions of the Regulations of
Shenzhen Special Economic Zone on House
Tenancy and these rules
or not, and may ask the public security organization for
assistance, if
it is necessary.
|
|
The
comprehensive administrative agency of house tenancy shall
inform the public security organization
in time, if it finds out
in comprehensive administration that the lessee fails to apply
for household
registration, or uses the leasing house to commit
illegal or criminal activity; shall inform the administrative
department of industry and commerce in time, if it finds out any
operation without license; shall
inform the administrative
department of public security and fire prevention and production
safety
administration in time, if the regulations on public
security, fire prevention or production safety administration
are violated; shall inform the administrative department of
family planning if the administrative
regulations on birth
control are violated; shall inform the administrative department
of industry
and commerce or the administrative department of
quality and technology supervision in time, if there is the
production or sale of fake or inferior commodity; and shall
inform relevant departments for handling,
if it finds other
illegal acts committed in the leasing house.
|
|
|
|
Article
14
When the public security organization conducts household
registration or issues certificate of
temporary residence, it
shall require the applicant to provide legal and effective
certification
of residence. If the applicant uses leasing house
as his residence, he shall provide the lease contract registered
by the district administrative department of house tenancy.
|
|
The
public security organization shall strengthen the administration
to the public security and
fire prevention of leasing houses,
investigate the criminal and public security cases in time,
supervise the lessor and lessee to put the responsibility system
of fire prevention and safety system of fire prevention
into
effect.
|
|
If
the public security organization finds out that the lease
contract is not registered or put on
record, it shall inform the
administrative department of house tenancy in time. If the
public security
organization finds out that the administrative
regulations of birth control are violated, it shall inform the
administrative department of family planning in time.
|
|
|
|
Article
15
While conducting industrial and commercial registration,
the administrative department of industry and commerce shall
require the industrial and commercial enterprise, individual
businessman, partnership or other
economic organization to
provide the lease contract, which is registered or put on record
by the
administrative department of house tenancy, if it uses
the leasing houses as business place.
|
|
If
the lease contract is not registered or put on record by the
administrative department of house
tenancy, the administrative
department of industry and commerce shall inform the
administrative
department of house tenancy, and refuse to
conduct the industrial and commercial registration or annual
examination.
|
|
|
|
Article 16
If the obligee of house contracts the house to other person for
operation or put the house in operation
in the name of
cooperation or partnership while not directly participates in
operation, the house
shall be administrated according to the
Regulations of Shenzhen Special Economic Zone on House Tenancy
and these rules.
|
|
The
following acts of lease in disguised way shall be administrated
as lease according to the Regulations
of Shenzhen Special
Economic Zone on House Tenancy and these rules:
|
|
1.
The house' s obligee contracts the house to other person for
operation;
|
|
2.
The house' s obligee obtains profits in the name of cooperation
or joint adventure, while neither
participating in operation
directly nor undertaking operation risks;
|
|
3.
The house' s obligee provides the house to person, other than
linear relatives for free use.
|
|
|
|
Article
17 If
the leasing house for industry and commerce has dormitory for
staff, the leased out dormitory
shall be under administration as
leasing house for residence, and the lessee shall go through
relevant
formalities.
|
|
|
|
Article
18 If
the house owner leases the house, he shall apply for tax
registration to the local tax organ,
where the house locates.
|
|
The
house' s lessor shall declare tax payment to the local
department of tax within 10 days upon
the conclusion of lease
contract with the lessee.
|
|
When
the administrative department of house tenancy is entrusted by
the department of tax to collect
relevant taxes of house
tenancy, it shall inform the department of tax in time upon
discovering,
if it finds out the tax evasion or revolt.
|
|
|
|
Article
19
The department of family planning shall investigate and
deal with lessee' s malfeasance of violating the regulations
on
birth control.
|
|
The
reality management company, cooperative equity enterprise and
urban residents' committee shall
assist relevant governmental
departments to administer leasing house.
|
|
If
the real estate intermediary organization is entrusted to go
through the formalities of registration
or putting on record of
house-leasing contract, it shall undertake the lessor' s duties
and perform
his obligations, and go through the formalities
according to relevant provisions of the Regulations of Shenzhen
Special Economic Zone on Lease of Houses and these rules.
|
|
The
real estate intermediary organization shall operate according to
law, not sidestep or assist
the parties of tenancy to sidestep
administration, not intentionally conceal important facts
concerning
the conclusion of contract or provide false
information to impair the interests of the parties of tenancy,
not publicize false information or cheat or trap the parties of
tenancy by other means, and not enforce
the parties to rent
house.
|
|
|
|
Article
32
Any lessor, who violates these rules, shall be punished
according to the following provisions:
|
|
(1)
The lessor shall be ordered to rectify, be imposed a fine of
twenty percent of the total rental
in the tenancy period, and be
demanded to pay the administration fee of house tenancy and
overdue
fee by the administrative department of house tenancy,
if he violates the provisions of the first paragraph of Article
7.
|
|
(2)
The lessor shall be imposed a fine of 200 yuan by the public
security organization, if he violates
the provisions of the
third item of Article 11.
|
|
(3)
The lessor shall be imposed a fine of one time of the monthly
rental by the administrative department
of house tenancy, if he
violates the provisions of the fourth item of Article 11,
failing to report
the basic conditions of residents in time or
submit the information form of residents in time. Any one, whose
illegal act in leasing house constitutes a crime, shall be
investigated for criminal responsibilities
according to law.
|
|
|
|
Article
23
Any lessee, who violates the provisions of these rules, shall be
punished according to the following
provisions:
|
|
(1)
The lessee shall be imposed a fine of one time of the monthly
rental by the administrative department
of house tenancy, if he
violates the provisions of the first or second item of Article
12, failing
to filing in the information according to the facts
or alter the information in time. Any one, whose illegal act
in
leasing house constitutes a crime, shall be investigated for
criminal responsibilities according
to law.
|
|
(2)
The lessee shall be dealt with by the public security
organization according to relevant provisions,
if he violates
the provisions of the third item of Article 12.
|
|
(3)
The lessee shall be punished by relevant governmental department
according to law, if he violates
the provisions of the fourth,
fifth, sixth, seventh or eighth item of Article 12. If the
malfeasance
constitutes a crime, the lessee shall be
investigated for criminal responsibilities.
|
|
|
|
Article
24 Any
lessor£¬who
doesn' t report to the department of public security upon
finding out that the lessee uses the
leasing house to conduct
illegal or criminal activity shall be punished by the department
of public
security according to law.
|
|
|
|
Article
25 If
the leasing house' s owner, entrusted manager or the lessee refuses,
evades or resists the legal
inspection or administration conducted by the
administrative department of house tenancy, department of public
security or department of tax, relevant administrative
department shall adopt necessary compulsory
measures and apply
to the people' s court for coercive execution according to law.
The department
of public security may punish the party concerned
for violation of public security according to law. If the
circumstance is serious and the act of the party concerned
constitutes the crime of disrupting public
service or other
crime, he shall be investigated for criminal responsibility.
|
|
|
|
Article 26
The
state
functionary or person engaging in official business
instate-owned company, enterprise or public
institution, who
leases house but fails to go through relevant formalities of
house tenancy administration,
shall be given an administrative
disciplinary sanction by the supervisory department.
|
|
|
|
Article
27 Any
reality management company, cooperative equity enterprise or
other economic organization, which
intentionally obstructs or
hinders the comprehensive administration of leasing houses,
shall be
punished by relevant departments according to relevant
regulations.
|
|
|
|
Article
28 Any
intermediary organization of house tenancy£¬
which violates the provisions of
Article 21 of these rules, may be ordered to make correction by
the administrative departments of house tenancy. If the
circumstance is serious, a fine of not more than 10,000
yuan may
be imposed.
|
|
|
|
Article
29 When
relevant
governmental department collects a fine, it shall issue the fine
receipt uniformly printed
by the department of finance.
|
|
|
|
Article
30 If
a party is not satisfied with the penalty decision made by
relevant governmental department,
he may apply for
administrative review or file a administrative lawsuit to the
people' s court
according to law. If the party fails to apply
for administrative review or file a administrative lawsuit, and
refuses to implement the penalty decision, the department making
the penalty decision shall apply
to the people' s court for
coercive enforcement according to law.
|
|
|
|
Article
31 The
working staff of the administrative department of house tenancy,
department of public security
or department of tax, who
doesn' t perform his administrative function and duty
positively or assist
other administrative department to carry
out administration according to the provisions of these rules,
shall be given administrative disciplinary sanction by the unit
that he belongs to. If his act constitutes
a crime, he shall be
investigated for criminal responsibility.
|
|
|
|
Article
32
These rules shall go into effect as of the date of promulgation. |
