中华人民共和国城市房地产管理法 LAW OF THE PEOPLES REPUBLIC OF CHINA ON ADMINISTRATION OF THE URBAN REAL ESTATE

ion， the land user shall enter into a new contract for the granting of the land-use right and pay fees for the granting in accordance with the relevant provisions.

　　Where the term for the use of land as agreed upon in the contract for granting the land-use right expires， and the land user does not apply for an extension of the term or his application therefor is not approved in accordance with the provisions in the preceding paragraph， the land-use right shall be reclaimed by the State without compensation.

　　Section 2 Allocation of the Land-use Right

　　Article 22 Allocation of the land-use right refers to acts that the people's government at or above the county level approves in accordance with the law to allocate the land to a land user after the latter has paid compensation and expenses for resettlement， etc. for the allocated land， or gratuitously allocates the land-use right to the land user.

　　Where the land-use right is obtained by mode of allocation in accordance with the provisions of this Law， except as otherwise provided by the laws， administrative rules and regulations， there shall be no restriction with respect to the term of use.

　　Article 23 The land-use right for the following land used for construction may， if really necessary， be allocated upon approval by the people's government at or above the county level in accordance with the law：

　　1. land used for State organs or military purposes；

　　2. land used for urban infrastructure or public facilities；

　　3. land used for projects of energy， communications or water conservancy， etc. which are selectively supported by the State； and

　　4. land used for other purposes as provided by the laws， administrative rules and regulations.

　　Chapter III Development of Real Estate

　　Article 24 The development of real estate must be strictly subjected to the urban planning and carried out in a manner of overall planning， rational distribution， comprehensive development and construction with supporting facilities， in line with the principle of combining the economic， social and environmental benefits.

　　Article 25 Where the land-use right is obtained by mode of granting for development of real estate， the land must be developed according to the land-use purpose and the time limit for starting the development as agreed upon in the contract for granting the land-use right. Where one year has elapsed from the date for starting the development as agreed upon in the granting contract and the land is not yet developed， fees for idle land which is equivalent to twenty percent or less of the fees for granting the land-use right shall be collected； where two years have elapsed and the land is still not developed， the land-use right may be reclaimed without compensation， however， the circumstances where in the delay of starting the development is caused by force majeure or acts of governments or their departments concerned or by the early preparations necessary for starting the development shall be excepted.

　　Article 26 The design and construction of a project of real estate development must conform to the relevant standards and norm of the State.

　　A completed project of real estate development may be turned over for use only after it is checked and accepted.

　　Article 27 The land-use right obtained pursuant to the law may， in accordance with the provisions of this Law and relevant laws， administrative rules and regulations， be valued and contributed as shares in developing and operating real estate in the form of joint ventures or contractual joint ventures.

　　Article 28 The State shall adopt preferential measures in aspects such as taxation to encourage and support real estate development enterprises to develop and construct residential houses.

　　Article 29 A real estate development enterprise is an enterprise engaged in real estate development and operation for purpose of profit. To establish a real estate development enterprise， the following conditions shall be met：

　　1. to have a name and institutional structure of its own；

　　2. to have fixed premises for business operation；

　　3. to have registered assets conforming to the provisions of the State Council；

　　4. to have sufficient professional and technical personnel； and

　　5. other conditions as provided by laws， administrative rules and regulations.

　　To establish a real estate development enterprise， an application for registration of establishment shall be made to the administrative department for industry and commerce. Where conditions specified in this Law are met， the administrative department for industry and commerce shall register the establishment and issue a business license. And registration shall not be made， where such conditions are not met.

　　To establish a limited liability company or a joint stock limited company engaged the real estate development and operation， relevant provisions of the Company Law shall also be complied with.

　　A real estate development enterprise shall， within one month after obtaining a business license， report its establishment for the record to the department designated by the local people's government at or above the county level in the place where the registration authority is located.

　　Article 30 The proportion of registered assets of a real estate development enterprise to its total investment shall comply with the relevant provisions of the State.

　　Where a real estate development enterprise develops real estate in phases， the amount of phased investment shall be commensurate with the scale of the project and the capital shall be put into construction of the project on schedule as agreed upon in the contract for granting the land-use right.

　　Chapter IV Transaction of Real Estate

　　Section 1 General Conditions

　　Article 31 In the transfer or mortgage of real estate， the ownership of the house and the land-use right to the house site shall be transferred or mortgaged therewith.

　　Article 32 The basic land price， standard land price and replacement prices for houses of various types shall be determined and made public regularly. Specific measures shall be formulated by the State Council.

　　Article 33 The State shall practise an appraisal system for real estate prices.

　　The appraisal of real estate prices shall adhere to the principles of justice， fairness and openness， and be carried out according to the technical standard and appraisal procedures prescribed by the State， based on the basic land price， standard land price and replacement prices for houses of various types and in the light of local market prices.

　　Article 34 The State shall practise a report system for real estate transaction prices.

　　An obligee of real estate shall， in transfer of his real estate， faithfully report the transaction price to the department designated by the local people's government at or above the county level and shall not make a concealed or false report.

　　Article 35 Where real estate is transferred or mortgaged， the party concerned shall register the ownership of the real estate pursuant to the provisions of Chapter V of this Law.

　　Section 2 Transfer of Real Estate

　　Article 36 Transfer of real estate refers to acts that an obligee of real estate transfers his real estate to another person through sale， donation or other legal means.

　　Article 37 No following real estate shall be transferred： 1. The land-use right is obtained by mode of granting， but not meeting conditions set forth in Article 38 of this Law；

　　2. The rights of real estate are sealed up by order of the judicial organ or decision of the administrative organ pursuant to law or limited by other ways；

　　3. The land-use right is reclaimed in accordance with the law；

　　4. For jointly-owned real estate， written consent of other co-owners has not been obtained；

　　5. The ownership is under dispute；

　　6. The real estate is not registered in accordance with the law and the certificate of the ownership is not obtained； or

　　7. Other circumstances under which transfer is prohibited by the provisions of laws， administrative rules and regulations.

　　Article 38 Where the land-use right is obtained by mode of granting， transfer of the real estate shall meet the following conditions：

　　1. to have paid all the fees for the granting of the land-use right as agreed upon in the granting contract and obtained the certificate of the land-use right； and

　　2. to have invested for development as agreed upon in the granting contract and have fulfilled twenty-five percent or more of the total investment for development in the case of housing projects， or have constituted conditions of land-use for industrial purposes or other construction projects in the case of developing tracts of land.

　　Where real estate is transferred with the construction of houses completed， the certificate of the house ownership shall be acquired.

　　Article 39 Where the land-use right is obtained by mode of allocation， the transfer of the real estate shall， according to the provisions of the State Council， be reported for examination and approval to the people's government that has the authority for approval. Upon approval of the transfer by the people's government with the authority for approval， the transferee shall go through the formalities for the granting of the land-use right and pay the fees therefor according to the relevant provisions of the State.

　　Where the land-use right is obtained by mode

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