城市房地产抵押管理办法（修正） Administration of Urban Real Property Mortgage Procedures (Revised)

建设部令第98号
颁布日期：20010815 　实施日期：20010815 　颁布单位：建设部

　　PART ONE　GENERAL PROVISIONS

　　Article 1　These Procedures are formulated in order to strengthen administration of real property mortgages, to safeguard the order of the real property market, and to guarantee the lawful rights and interests of parties to real property mortgages in accordance with the PRC, Administration of Urban Real Property Law and the PRC, Security Law.

　　Article 2　Any party that engage in the mortgage of real property on State-owned land in urban planning zones shall comply with these Procedures.

　　These Procedures shall not apply where there are no buildings (including structures, constructions or construction projects in progress) upon State-owned land with leaseholds that may be mortgaged.

　　Article 3　For the purposes of these Procedures, the term "real property mortgage" shall refer to an act undertaken by a mortgagor in order to provide, on the basis of the mortgagor's lawfully owned real property, a debt repayment guarantee to the mortgagee to the mortgage, on the condition that the ownership title to such real property will not be assigned in the process. Where the mortgagor fails to perform his debt repayment obligations, the creditor has the right, in accordance with the law, to put the mortgaged real property up for auction and shall have priority in receiving compensation from the proceeds thus obtained.

　　For the purposes of these Procedures, the term "mortgagor" shall refer to any citizen, legal person or other organization which, acting as the mortgagor himself or a third party, provides a debt repayment guarantee to a mortgagee on the basis of a piece of lawfully acquired real property.

　　For the purposes of these Procedures, the term "mortgagee" shall refer to any citizen, legal person or other organization which accepts a real property mortgage made by a mortgagor as a debt repayment guarantee.

　　For the purposes of these Procedures, the term "pre-purchased commodity housing loan mortgage" shall refer to an activity in which a home buyer, after paying the down payment of a stipulated amount for the purchase of a house, is provided with a loan from a loaning bank to cover the remaining amount and mortgages his purchased commodity housing to the loaning bank as a loan repayment guarantee.

　　For the purposes of these Procedures, the term "construction project in progress mortgage" shall refer to an activity in which a mortgagor, in order to obtain a loan to provide the capital to continue his construction project, mortgages his lawfully acquired leaseholds and the assets already invested in the construction project to the loaning bank as a debt repayment guarantee, on the condition that ownership title to such project will not be assigned in the process.

　　Article 4　Where ownership rights to a lawfully acquired building are mortgaged, the leaseholds for such building within the area of its occupancy shall be mortgaged at the same time.

　　Article 5　A real property mortgage shall adhere to the principle of voluntariness, mutual benefit, fairness, honesty and trustworthiness.

　　A real property mortgage executed in accordance with the law shall be protected by State laws.

　　Article 6　The State shall implement a real property mortgage registration system.

　　Article 7　The administrative department of the State Council in charge of construction shall be the central authority in charge of administration of real property mortgages in cities throughout the whole country.

　　The administrative departments in charge of construction of provinces and autonomous regions shall collectively be the departments in charge of the administration of real property mortgages in cities which are within the jurisdiction of their respective administrative regions.

　　The administrative departments in charge of real proper

ty of the people's governments of municipalities directly under the central government, municipalities and counties (hereafter, "Real Property Administration Department(s)") shall be responsible for the administration of real property mortgages within the jurisdiction of their respective administrative regions.

　　PART TWO　ESTABLISHMENT OF REAL PROPERTY MORTGAGES

　　Article 8　The following types of real property may not be mortgaged:

　　1. real property of which the ownership is in dispute;

　　2. real property that is used for the benefit of public welfare such as education, public health, municipal administration;

　　3. other structures that are classified as protected cultural relics or which possess significant commemorative value;

　　4. real property that is lawfully announced for demolition;

　　5. structures that are sealed up, held, under government examination or subject to other kinds of restrictions; and

　　6. other types of real property that may not be mortgaged in accordance with the law.

　　Article 9　Where the same piece of real property is mortgaged more than twice, the mortgagor shall inform the mortgagee of the circumstances regarding the previous mortgages.

　　The amount of a debt guarantee by the mortgagor shall not exceed the value of the mortgaged article.

　　Where following the mortgage of a piece of real property the value of the real property is higher than the debt guarantee, another mortgage may be secured. However, this second mortgage must not exceed the value of the remaining amount.

　　Article 10　Where a single mortgage is secured for more than two pieces of real property, the case shall be considered as one real property mortgage, unless the parties to such mortgage have agreed or arranged otherwise.

　　Article 11　Where the completed part of a construction project is mortgaged, the leaseholds thereto shall also be included in the mortgage.

　　Article 12　Where a piece of real property purchased under State preferential policies is mortgaged, the amount of the mortgage shall be limited in proportion to the amount that is under the disposal of, or the profit which may be obtained by, the owner of the real property.

　　Article 13　Where a piece of real property of which the power of operation and management is granted by the State to a wholly State-owned enterprise or institution legal person is mortgaged, the mortgage shall be in compliance with the relevant regulations on the administration of State-owned assets.

　　Article 14　Where a piece of real property which is owned by a collectively-owned enterprise is mortgaged, a resolution to that effect shall be adopted by the workers' (or representatives') congress of the collectively-owned enterprise. The resolution shall then be reported to the superior authority in charge of the enterprise for the record.

　　Article 15　Where a piece of real property which is owned by a Sino-foreign equity joint venture, a Sino-foreign co-operative joint venture or a wholly foreign-owned enterprise is mortgaged, a resolution to that effect shall be adopted by the board of directors, unless the articles of association of the enterprise stipulate otherwise.

　　Article 16　Where a piece of real property which is owned by a limited liability company, or a company limited by shares is mortgaged, a resolution to that effect shall be adopted by the board of directors or by the shareholders' general meeting, unless the articles of association of the enterprise stipulate otherwise.

　　Article 17　Where a piece of real property which is owned by an enterprise with a limited period of operation is mortgaged, the time limit on the guaranteed debt may not exceed the period of operation of the enterprise.

　　Article 18　Where a piece of real property which has a limited period in land use is mortgaged, the time limit on the guaranteed debt may not e

xceed the period of land use as stipulated in the leasehold sale contract minus the period for which it has already been in use.

　　Article 19　Where a piece of real property which is jointly owned is mortgaged, the mortgagor shall first seek the consent of the other joint owners in writing.

　　Article 20　Where pre-purchased commodity housing is mortgaged for loans, such commodity housing development projects shall be in compliance with required real property assignment conditions and an commodity housing advanced sale permit shall be obtained.

　　Article 21　Where a piece of real property which is already rented is mortgaged, the mortgagor shall inform the mortgagee of the circumstances regarding the rental, and notify the lessor of the circumstances regarding the mortgage. The original leasing contract shall continue to be valid.

　　Article 22　Where a mortgage is secured for a piece of real property, the value of the mortgage may be determined by the parties to such mortgage through negotiation or by appraisal undertaken by a real property appraisal organization.

　　The above clause shall prevail unless laws and regulations stipulate otherwise.

　　Article 23　Where the parties to a mortgage agree to buy insurance for the mortgaged real property, the mortgagor shall buy insurance for such piece of mortgaged real property and the insurance costs shall be borne by the mortgagor. After the mortgaged real property is insured, the mortgagor shall hand over the insurance policy to the mortgagee for safe custody. The mortgagee shall be the first beneficiary to receive any insurance compensation within the mortgage period.

　　Article 24　Where an enterprise or institution legal person splits up its business or merges, the original mortgage contract executed by it

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