城市房地产开发经营管理条例 Regulations on Urban Real Estate Development and Management Control

国务院令第248号
(Promulgated by Decree No. 248 of the State Council of the People's Republic of China on July 20, 1998)
颁布日期：19980720 　实施日期：19980720 　颁布单位：国务院

　　Chapter I General Provisions

　　Article 1 These Regulations are formulated in accordance with the relevant provisions of the <

　　Article 2 The real estate development and management referred to in these Regulations means acts of infrastructure construction and housing construction carried out by real estate development enterprises on state-owned land within urban planning zones, and those of transfer of real estate development projects or sale and rental of commodity housing.

　　Article 3 Real estate development and management should practise overall planning, rational distribution(layout), integrated development and matching construction in pursuance of the principle of unification of economic benefits, social benefits and environmental benefits.

　　Article 4 The competent department of construction administration under the State Council shall be responsible for the work of supervision and administration of real estate development and management activities nationwide.

　　The competent departments of real estate development of local people's governments at and above the county level shall be responsible for the work of supervision and administration of real estate development and management activities within their respective areas.

　　The departments in charge of land administration of people's governments at and above the county level shall, in pursuance of the provisions of the relevant laws and administrative regulations, be responsible for the land administration related to real estate development and management.

　　Chapter II Real Estate Development Enterprises

　　Article 5 Establishment of a real estate development enterprise shall, in addition to compliance with the conditions for enterprise establishment prescribed by relevant laws and administrative regulations, fulfil the following conditions:

　　(1)has a registered capital of over RMB 1 million Yuan; and

　　(2)has more than 4 full-time technical personnel with certificates of qualifications of real estate speciality and construction engineering speciality and more than 2 full-time accountants with certificates of qualifications.

　　People's governments of the provinces, autonomous regions and municipalities directly under the Central Government may, in the light of the actual conditions prevailing in their respective localities, work out provisions for the conditions of registered capital and specialized technical personnel for the establishment of a real estate development enterprise higher than those in the preceding paragraph.

　　Article 6 Establishment of a real estate development enterprise by foreign business investment shall, in addition to compliance with the provisions of Article 5 of these Regulations, go through relevant formalities of examination and approval in pursuance of the provisions of laws and administrative regulations on foreign business invested enterprises.

　　Article 7 For the establishment of a real estate development enterprise, an application for registration should be filed at the department of industry and commerce administration of the people's government at or above the county level. The department of industry and commerce administration should, within 30 days starting from the date of receipt of an application, enter into registration the application of which is in line with the conditions prescribed in Article 5 of these Regulations; reasons should be explained in the case of an application not in line with the conditions is not to be entered into registration.

　　The department of industry and commerce administration should, in examining an application for registration for the establishment of a real estate development enterprise, seek the v

iews of the competent department of real estate development at the corresponding level.

　　Article 8 A real estate development enterprise should, within 30 days starting from the date of obtainment of the business license, go to the competent department of real estate development of the locality wherein the registration organ is located with the following documents for the record:

　　(1)a photocopy of the business license;

　　(2)articles of association of the enterprise;

　　(3)certificate of capital attestation;

　　(4)certificate of the identity of the legal representative of the enterprise; and

　　(5)certificates of qualifications and employment contracts of specialized technical personnel.

　　Article 9 The competent department of real estate development should, on the basis of the assets, specialized technical personnel and development and management achievements, verify the human quality grade of a real estate development enterprise put on record. The real estate development enterprise should, in accordance with the verified human quality grade, undertake corresponding real estate development projects. Specific measures shall be formulated by the competent department of construction administration under the State Council.

　　Chapter III Real Estate Development and Construction

　　Article 10 Determination of a real estate development project should meet the requirements of overall planning for land utilization, annual plan for construction land use and urban planning and annual plan for real estate development; where approval by the competent department of planning is necessitated pursuant to relevant state provisions, it should be submitted to the competent department of planning for approval and included in the annual fixed asset investment plan.

　　Article 11 Determination of a real estate development project should adhere to the principle of integration of reconstruction of old districts and construction of new districts, with emphasis on the development of areas where there are weak infrastructure, traffic congestion, serious environmental pollution and concentration of dangerous and dilapidated houses, protection and improvement of urban ecological environment and protection of historic and cultural heritage.

　　Article 12 Land for real estate development should be acquired in the form of transfer; however, where the form of appropriation may be adopted under provisions of law and the State Council is excluded.

　　The competent departments of urban planning administration and the competent departments of real estate development of local people's governments at or above the county level should, prior to the transfer or appropriation of land use right, put forth views in writing on the following matters as one of the basis of transfer or appropriation of land use right:

　　(1)nature, scale and duration of development of a real estate development project;

　　(2)urban planning design criteria;

　　(3)construction requirements for infrastructure and public facilities;

　　(4)property rights definition upon completion of infrastructure; and

　　(5)requirements for dismantling and moving compensation and resettlement related to the project.

　　Article 13 The system of capital fund should be established for a real estate development project, the percentage of capital fund in the total investment of a project shall not be less than 20%.

　　Article 14 Overall planning and arrangement for matching infrastructure should be made in the development and construction of a real estate development project, and it should be carried out in accordance with the principle of first the underground and then on the ground.

　　Article 15 A real estate development enterprise should, in accordance with the land use and duration of construction and development agreed on in the contract of land use right transfer,

proceed with project development and construction. Where construction and development have not started on expiry of one year of the duration of start of construction and development agreed on in the contract of transfer, an idle land fee equivalent to less than 20% of the land use right transfer money may be levied and collected; where construction and development have not started on expiry of two years, land use right may be withdrawn without compensation. However, where delay in the start of construction is caused by force majeure or acts of government and departments concerned of government or first-phase work indispensable for the start of construction and development is excluded.

　　Article 16 A real estate project the development and construction of which is undertaken by a real estate development enterprise should conform to the provisions of relevant laws and regulations and technical specifications of construction project quality, safety standards, construction project survey, design and construction as well as the agreement in the contract.

　　A real estate development enterprise should bear responsibility for the quality of the real estate development project the development and construction of which it has undertaken.

　　Survey, design, construction and supervision units should, pursuant to the provisions of relevant laws and regulations or agreement in the contract, bear corresponding responsibility.

　　Article 17 A real estate development project may be delivered for use only on passing the acceptance checks on its completion; where a project has not undergone acceptance checks or has failed to pass the acceptance checks, it shall not be delivered for use.

　　A real estate development enterprise should, upon completion of a real estate development project, fi

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