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Procedures of Shanghai Municipality on the Public Security Administration of the Lease of Houses by the Floating Non-local Population
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| £¨Promulgated by Decree No. 60 of the Shanghai Municipal People' s Government on September 17, 1998£© Article 1 (Purpose and Basis) These Procedures are formulated in accordance with the Regulations of Shanghai Municipality on the Administration of the Floating Non-local Population in order to strengthen the public security administration of the lease of houses by the floating non-local population, and to maintain public order and security. Article 2 (Scope of Application) These Procedures are applicable to the public security administration of the lease of houses to and by the floating non-local population within the administrative areas of this Municipality with the exception of the hotel industry. Article 3 (Competent Departments and Assisting Departments) The Municipal Public Security Bureau is in charge of the lease of houses to the floating non-local population in this Municipality, and the district or county public security departments are in charge of the public security administration of the lease of houses to the floating non-local population within their jurisdiction. Administrative departments of housing and land, industry and commerce, taxation and public health shall, according to their respective responsibilities, coordinate with the public security departments to ensure good public security administration of the lease of houses to the floating non-local population. Mass public security precautionary organizations of townships (towns) and sub-districts shall assist the public security departments in doing a good job of the public security administration of the lease of houses to the floating non-local population. Article 4 (Permit System) This Municipality implements a permit system for the public security administration of the lease of houses to the floating non-local population. Houses that have not obtained a "Public Security Permit for Lease of Houses" (hereinafter referred to as "Permit" ) shall not be leased to the floating non-local population. The floating non-local population shall not rent houses that do not have a "Permit" . Article 5 (Public Security Requirements for Houses to be leased) Houses for whose lease an application is submitted shall satisfy relevant provisions of the State and this Municipality, and at the same time meet the following requirements: (1) Having a safe and solid structure and basic living facilities; (2) Having entrances, exits and passages, etc. that satisfy relevant provisions for the administration of public security and fire control; (3) Having separate entrances and exits or having partitions with houses not for lease. In case the number of people approved to live in a leased house exceeds 30, a corresponding number of public security personnel shall be provided. Article 6 (Application Materials) Those who apply for a "Permit" shall submit an application and the following materials to the public security office in the locality of the house to be leased: (1) Application form for lease of house; (2) House Ownership Certificate or other legal documents; (3) Identification card or certificate from a work unit. Article 7 (Procedures of Examination and Approval) The public security office shall, within 15 days upon the receipt of a house lease application, complete the examination and verification, and issue a "Permit" and a house-for-lease plate to those who satisfy the house lease requirements, or give a written notice to those who fail to meet the requirements. Article 8 (Putting up of the Plate) A house-for-lease plate made exclusively by the Municipal Public Security Bureau shall be put up on the house to be leased. Article 9 (Public Security Obligations of the Lessor) The lessor of a house shall fulfill the following obligations: (1) To check the lessee' s (including his or her roommates' -- similarly hereinafter) valid identification certificates; (2) To show the lessee the points for attention concerning house lease formulated by public security departments; (3) To record the basic information about the lessee and submit it, within 3 days, to the public security office in the locality of the leased house to for the record; (4) To urge the lessee to go timely to the public security office in the locality of the leased house for temporary residence registration; (5) To urge the lessee to register timely through the verification formalities of family planning, and to have a physical examination for public health and epidemic prevention; (6) To conduct regular security inspection of the leased houses, to make sure of the fire control and anti-theft measures, and to remove hidden perils to public order; (7) To report timely to the public security departments on discovery of illegal or criminal activities, criminal suspects or suspicious goods; (8) To report timely to the local township (town) people' s government, sub-district office, or district or county sanitation and anti-epidemic station on discovery of violations of the regulations on family planning or public health and epidemic prevention; (9) To pay tax in accordance with the law; (10) To file a report to the public security office for the record in the locality of the leased house within 3 days after the lessee terminates the lease, or alters the usage of the leased house; (11) To go to the public security office in the locality of the leased house to complete the termination formalities within 7 days since the termination of the lease. Article 10 (the Public Security Obligations of the Lessee) The lessee of the house shall fulfill the following obligations: (1) To show his or her identification certificate to the lessor; (2) To abide by the provisions in the points for attention regarding house lease formulated by the public security departments; (3) To register with the public security office in the locality of the leased house within 3 days after moving in; (4) To complete the verification formalities of family planning , and to submit himself or herself to a physical examination for public health and epidemic prevention; (5) Not to sublease or lend the leased house to others without permission; (6) Not to use the leased house for a purpose other than stipulated without permission or put up makeshift extensions to the leased house in violation of the regulations; (7) Not to utilize the leased house for illegal or criminal activities. Article 11 (Management by Consignment) In case the lessor entrusts the management of the leased house to another person, both parties concerned shall sign an agreement of authorization concerning the public security duties, and report to the public security office in the locality of the leased house for the record. The entrusted party shall not re-entrust the management to a third party. The agreement of authorization shall clearly define the public security duties of both parties, but the person responsible for the public security shall not be transferred because of the authorization. The entrusted party shall fulfill the duties stipulated in Article 9 during the period of authorization. Article 12 (Examination and Verification of "Permit" ) This Municipality shall conduct the system of annual examination and verification of the "Permit" . Units or individuals holding a "Permit" shall submit themselves to the annual examination and verification by the public security office that issues the "Permit" . Article 13 (Revocation of "Permit" ) The public security departments shall order rectification within a prescribed period of time if any of the following situations occurs. It may revoke the "Permit" if no rectification is made within the time limit: (1) The leased house does not meet the public security requirements; (2) The lessor does not fulfill his or her public security obligations; (3) The lessor refuses the annual examination and verification of the "Permit" or is found unqualified during the annual examination and verification. Article 14 (Legal Liabilities) For violation of these Procedures, the public security departments shall order rectification within a prescribed period of time, and make punishment in accordance with the following provisions: (1) For violation of Section 2 of Article 4, an individual shall be fined RMB 500 to 2,000, and a unit shall be imposed a fine from RMB 2,000 to 10,000; (2) For violation of Article 8, a warning shall be given and a fine of RMB 50 be imposed; (3) For violation of Items 1 and 7 of Article 9, punishments shall be made in accordance with the relevant provisions of the State and this Municipality; (4) For violation of Items 6, 10 and 11 of Article 9, or Items 1 and 5 of Article 10, a warning shall be given and a fine of RMB 50 to 200 be imposed on an individual, and a fine of RMB 500 to 2,000 on a unit; (5) For violation of Article 11 or Section 2 of Article 12, a warning shall be given, and a fine of RMB 50 to 200 be imposed on an individual, and a fine of RMB 200 to 1,000 on a unit. Violations of these Procedures on which the public security punishment shall be imposed shall be penalized by the public security departments in accordance with the Regulations of the People' s Republic of China on the Administration of the Public Security and the Imposition of Punishment. In case the violations constitute a crime, the wrongdoer shall be prosecuted for his or her criminal liabilities according to law. Article 15 (Procedures of Imposing Punishment) When an administrative punishment is imposed, the public security departments shall issue a decision in writing of the administrative punishment. A receipt exclusively printed by the municipal finance department shall be issued when collecting fines or confiscating money. The fine and confiscated money shall be turned over to the State Treasury in accordance with the regulations. Article 16 (Reconsideration and Litigation) If the party concerned refuses to accept as final the concrete administrative action made by the public security department, it may apply for administrative reconsideration in accordance with the Regulations of Administrative Reconsideration or bring an administrative suit in accordance with the Administrative Litigation Law of the People' s Republic of China. In case the party concerned does not apply for a reconsideration, nor bring a suit within the prescribed period of time, nor performs the concrete administrative action, the department that makes the concrete administrative action can apply to the people' s court for enforcement in accordance with the Administrative Litigation Law of the People' s Republic of China. Article 17 (Investigation of the Unlawful Practice of the Law Enforcement Personnel) The public security personnel shall abide by the law and observe disciplines, and enforce the law impartially. Those who neglect their duties, abuse their power, engage in malpractice for personal gains, extort and accept bribes, or pervert the law shall be given an administrative punishment by the unit they belong to or the competent department of higher level. If their acts constitute a crime, they shall be prosecuted for their criminal liabilities according to law. Article 18 (Department for Interpretation of Application) The Municipal Public Security Bureau may be responsible for the interpretation of these Procedures in the concrete application. Article 19 (Date of Implementation) These Procedures shall become effective on December 1, 1998. |
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