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Procedures of Shanghai Municipality on Public Housing Exchange With Price Differences (For Trial Implementation)
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| (Promulgated by the Shanghai Municipal People' s Government on January 19,1999) Article 1 Purpose These Procedures are formulated in order to standardize the activities of public housing exchange with price differences, guide the residents in improving their residential conditions and enliven the secondary and tertiary realty markets. Article 2 Application Scope These Procedures apply to the exchange with price differences of public housing rented by residents in the administrative area of Shanghai Municipality (hereinafter referred to as housing exchange with price differences). Article 3 Administrative Departments The Shanghai Municipal Housing and Land Administration Bureau (hereinafter referred to as the Municipal Housing and Land Bureau) is the competent department of housing exchange with price differences in Shanghai Municipality. The district and county real estate administrative departments take charge of the administrative work of housing exchange with price differences within their respective jurisdiction, and accept the leadership of the Municipal Housing and Land Bureau on professional work. The district and county real estate trading management agencies take charge of specific management job of formalities for housing exchange with price differences within their respective district and county areas. Article 4 Principle of Housing Exchange with Price Differences The principle of voluntary, fairness and payment must be followed in housing exchange with price differences. Article 5 Modes of Housing Exchange with Price Differences The following modes may be adopted in housing exchange with price differences: 1. Exchange of public housing tenancy rights for public housing tenancy rights; 2. Exchange of public housing tenancy rights for commercial or other housing titles; 3. Purchase of commercial or other housing after the paid transfer of public housing tenancy rights. Article 6 Application of Modes of Housing Exchange with Price Differences. For a complete set of public housing solely occupied, the tenancy rights may not undergo housing exchange with price differences by adoption of the modes provided under Article 5, Item 2, 3 of these Procedures. Article 7 Public Housing Banned From Exchange with Price Differences The following public housing must not be exchanged with price differences: 1. A complete garden house solely occupied; 2. Those belonging to army units and religious organizations or those on school campuses; 3. Those with unclear property rights; 4. Those within areas where the household registration is frozen; 5. Those already listed in the plans for renovation of shabby and dangerous houses or for overall housing renovation; 6. Those with back rents not yet paid off by the tenants or with illegally built structures not yet handled; 7. Those already involved in the administrative punishment procedure or in the lawsuit or arbitration procedure due to disputes; 8. Those needed for the implementation of private housing policy; and 9. Those to be recalled by house lessors according to law. Article 8 Prerequisite for Housing Exchange with Price Differences Tenants of public housing in need of housing exchange with price differences must have in advance the consent of adults living together. Article 9 Restriction on housing Exchange with Price Differences Housing exchange with price differences must not bring clients new residential difficulties. Individuals without the city or town permanent household registration of Shanghai Municipality must not obtain public housing tenancy rights by way of housing exchange with price differences. The household registration management in housing exchange with price differences must be exercised according the to relevant regulations set by the State and this Municipality. Article 10 Price of Housing Exchange with Price Differences The price of housing exchange with price differences shall be decided through negotiations between both sides of the clients. Article 11 Contract of Housing Exchange with Price Differences A written contract must be made in housing exchange with price differences. The model text of contract of housing exchange with price differences shall be formulated by the Municipal Housing and Land Bureau. The clients in housing exchange with price differences must make the contract by referring to the model text. Article 12 Formalities of Housing Exchange with Price Differences The clients in housing exchange with price differences must complete the formalities for housing exchange with price differences according to the following provisions within 10 days after the making of a contract. 1. If the public housing for exchange of tenancy rights is in the same district or county, the formalities must be performed with the district or county real estate trading management agency where the public housing is located. If the public housing for exchange of tenancy rights is not in the same district or county , the formalities must be performed with the district or county real estate trading management agency where the higher-priced public housing is located. 2. For the exchange of public housing tenancy rights for commercial or other housing titles, the formalities must be performed with the district or county real estate trading management agency where the commercial or other housing is located. 3. For the paid transfer of public housing tenancy rights , the formalities must be performed with the district or county real estate trading management agency where the public housing is located. Article 13 Documents Presented for Performance of Formalities for Housing Exchange with Price Differences When performing the formalities for housing exchange with price differences, the clients must present the following documents to the real estate trading management agency: 1. Contracts of housing exchange with price differences; 2. Written evidence signed by adults living together and giving consent for the housing exchange with price differences; 3. Public housing tenancy certificates or property right certificates; and 4. Household registration certificates. Article 14 The Soliciting of Opinions After receiving the documents presented by the clients of housing exchange with price differences, the real estate trading management agency must solicit the opinions of the public housing lessor or of the property management enterprise entrusted by the house lessor. The house lessor or the property management enterprise entrusted by the house lessor must give a written reply within 7 days after receiving the form for soliciting opinions. Explanation must be given in case of disapproval of housing exchange with price differences. No reply made within the prescribed period of time shall be regarded as no objection raised. Article 15 Time limit and Requirement for Handling The real estate trading management agency must complete the handling work within 20 days after receiving the documents presented by the clients of housing exchange with price differences. The agency must issue a written certificate for approval of housing exchange with price differences to those in compliance with the conditions and formalities and must make a decision on refusal of housing exchange with price differences for those not in compliance with the conditions and formalities, and notify the clients in writing. Article 16 Alteration of Tenancy Relationship The clients obtaining public housing tenancy rights must go through the alteration formalities for public housing tenancy relationship by presenting the relevant documents to the house lessor or the property management enterprise entrusted by the house lessor within 7 days after receiving the written evidence of approval of housing exchange with price differences provided by the real estate trading management agency. Article 17 Alteration Registration of Titles For the exchange of public housing tenancy rights for commercial or other housing titles, the real estate trading management agency, having handled the formalities of housing exchange with price differences, must refer the relevant documents to the real estate registration agency for the completion of the alteration registration formalities of commercial or other housing titles. Article 18 Restriction on Price Payment Usage of Paid Transfer If the clients transfer public housing tenancy rights with payment, the real estate trading management agency must deposit the secured payment on transfer in the bank designated by the district or county real estate administrative department where the public housing is located. The bank shall issue house-buying deposit receipts. The house-buying deposit receipts must be exclusively used to buy commercial or other housing and must not be transferred or mortgaged, and must not be cashed within 3 years. If the clients buy commercial or other housing, the related bank shall make transfer payment of the sum of house-buying deposit receipts according to the arrangement of the house-buying contract. The remaining sum of the transfer payment may be withdrawn in cash by the clients. Article 19 Taxes and Fees of Housing Exchange with Price Differences The relevant departments of the Municipality, or district / county, and the real estate trading management agencies must collect taxes and fees on housing exchange with price differences according to the relevant regulations. Article 20 The Making of Public Housing Tenancy Rights Guarantee Contracts The clients of housing exchange with price differences offering public housing tenancy rights as a guarantee must make written guarantee contracts with creditors. Article 21 Registration of Public Housing Tenancy Rights Guarantee Contracts After making a public housing tenancy rights guarantee contract , the client must register the guarantee contract with the district or county real estate registration agency where the public housing is located. The guarantee contract shall go into effect as of the date of registration. Article 22 Restriction on Use of the Sum Secured by a Guarantee The sum secured by the public housing tenancy rights as a guarantee must be exclusively used to pay the price for the public housing tenancy rights acquired and must not be used for other purposes. Article 23 Restriction on Repeated Guarantee The public housing tenancy rights that have been set as a guarantee must not be offered as another guarantee. Article 24 Right Properties of Public Housing After housing exchange with price differences, the right properties of public housing titles shall remain unchanged. Article 25 Use of Communal Space After housing exchange with price differences, the communal space in the public housing shall maintain the original usage condition. Article 26 Demolition and Relocation If the pubic housing needs to be demolished due to urban construction after housing exchange with price differences, the public housing tenants must be relocated according to the relevant regulations of Shanghai Municipality on demolition and relocation of the residential houses. Article 27 Payment of Rents After housing exchange with price differences, the client obtaining public housing tenancy rights must pay rents according to the public housing rent standards set by Shanghai Municipality. If the public housing rent standards of Shanghai Municipality are adjusted during the tenancy, the rent payment must follow the adjusted rent standards, but the additional rent for the part of the housing area in excess of standard must be no longer calculated. Article 28 Renewal of Tenancy If the client who obtains the public housing tenancy rights by the modes provided under Article 5, Item 2, 3 of these Procedures loses civil act ability, dies, or has his or her household registration transferred out of Shanghai Municipality, his or her spouse or immediate family member holding the city or town permanent household registration of Shanghai Municipality may continue to take up the tenancy, but the persons living together shall still enjoy the residential rights. The client may designate the person who is to continue to take up the tenancy . If the client does not make any designation, the person may be determined by referring to the property inheritance sequence. Article 29 Date of Trial Implementation These Procedures shall be put into trial implementation on March 1, 1999. If any relevant regulations promulgated before by the Municipal People' s Government are not in conformity with these Procedures, these Procedures shall prevail. |
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