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

sposal of mortgaged real estate， the change of ownership for the land-use right and the house shall be registered in accordance with the provisions of this Chapter.

　　Article 62 Where a department of the local people's government at or above the county level is in charge of both housing administration and land administration as determined by the people's government of the relevant province， autonomous region or municipality directly under the Central Government， such department may make and issue the uniform certificate of the ownership of real estate， in which the confirmation and modification of the ownership of houses and the land-use right of the house site shall be recorded respectively in accordance with the provisions of Article 60 of this Law.

　　Chapter VI Legal Liability

　　Article 63 Where anyone， in violation of the provisions of Article 10 or Article 11 of this Law， approves without authorization the granting of land-use right or grants land-use right without due approval for development of real estate， the person who is held responsible shall be given an administrative sanction by an organ at a higher level or by the unit to which he belongs.

　　Article 64 Whoever， in violation of the provisions of Article 29 of this Law， engages in business of real estate development without obtaining a business license shall be ordered to stop activities of real estate development and confiscated of his unlawful proceeds and may be concurrently imposed a fine by the administrative department for industry and commerce under the people's government at or above the county level.

　　Article 65 Whoever， in violation of the provisions of paragraph 1 of Article 38 of this Law， transfers the land-use right shall be confiscated of his unlawful proceeds and may be concurrently imposed a fine by the department of land administration under the people's government at or above the county level.

　　Article 66 Whoever， in violation of the provisions of paragraph 1 of Article 39 of this Law， transfers real estate shall be ordered to pay the fees for the granting of the land-use right， confiscated of his unlawful proceeds and may concurrently be imposed a fine by the department of land administration under the people's government at or above the county level.

　　Article 67 Whoever， in violation of the provisions of paragraph 1 of Article 44 of this Law， pre-sells commercial houses shall be ordered to stop activities of presale， confiscat

ed of his unlawful proceeds and may concurrently be imposed a fine by the department of housing administration under the people's government at or above the county level.

　　Article 68 Whoever， in violation of the provisions of Article 57 of this Law， engages in intermediary services for reale state business without obtaining a business license shall be ordered to stop activities of intermediary services for realestate business， confiscated of his unlawful proceeds and may concurrently be imposed a fine by the administrative department for industry and commerce under the people's government at or above the county level.

　　Article 69 Whoever collects fees from a real estate development enterprise without the basis of laws， rules and regulations shall be ordered by the organ at a higher level to return the fees thus collected； if the circumstances are serious， the person who is held directly responsible shall be given an administrative sanction by the organ at a higher level or by the unit to which he belongs.

　　Article 70 Where functionaries of departments of housing administration or land administration commit negligence of duty or abuse of power and the case constitutes a crime， they shall be investigated for criminal responsibilities in accordance with the law； if the case does not constitute a crime， they shall be given administrative sanctions.

　　Where functionaries of departments of housing administration or land administration take advantage of their functions and powers to extort money or properties from others or to illegally receive money or properties from others， thus seeking gains for others， and the case constitutes a crime， they shall be investigated for criminal responsibilities in accordance with the supplementary provisions on punishing crimes of embezzlement and bribery； if the case does not constitute a crime， they shall be given administrative sanctions.

　　Chapter VII Supplementary Provisions

　　Article 71 Obtaining the land-use right for development of real estate， engaging in development of real estate and transaction of real estate， and exercising administration of real estate in the State-owned land outside of a planne durban district shall be carried out by making reference to this Law.

　　Article 72 This Law shall enter into force as of January 1，1995

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