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

d a fine of more than RMB 50000 Yuan less than RMB 100000 Yuan; where no rectification has been made on expiry of the specified time period, the department of industry and commerce administration shall revoke the business license.

　　Article 36 Whoever effects delivery for use of housing wi

thout going through acceptance checks in violation of the provisions of these Regulations shall be ordered by the competent department of real estate development of people's government at or above the county level to go through retrospectively the formalities of acceptance checks within the specified time period; where no formalities of acceptance checks have been completed retrospectively on expiry of the specified time period, the competent department of real estate development of people's government at or above the county level shall organize the departments and units concerned to conduct acceptance checks, and impose a fine of more than RMB 100000 Yuan less than RMB 300000 Yuan. The housing found to be not up to the standards upon acceptance checks shall be handled pursuant to the provisions of Article 37 of these Regulations.

　　Article 37 Whoever effects delivery for use of housing found to be not up to the standards in acceptance checks in violation of the provisions of these Regulations shall be ordered by the competent department of real estate development of people's government at or above the county level to make repairs within the specified time period, and concurrently imposed a fine of less than 2% of the total cost of the housing delivered for use; where the circumstances are serious, the department of industry and commerce administration shall revoke the business license; where loss to the purchaser has been caused, liability for compensation should be borne in accordance with law; where a major accident of casualties has taken place or other serious consequences constituting a crime, criminal liability shall be investigated in accordance with law.

　　Article 38 Whoever transfers a real estate development project on his/her own in violation of the provisions of these Regulations shall be ordered by the department in charge of land administration of people's government at or above the county level to stop the illegal act, confisticated of the illegal gains, and may concurrently be imposed a fine of less than five times of the illegal gains.

　　Article 39 Whoever effects sale in advance of commodity housing on his/her own in violation of the provisions of these Regulations shall be ordered by the competent department of real estate development of people's government at or above the county level to stop such illegal acts, confisticated of the illegal gains, and may concurrently be imposed a fine of less than 1% of down payment collected.

　　Article 40 Functionaries of state organs that neglect their duties, indulge in malpractises for selfish gains and abuse their power constituting a crime in the work of supervision and administration of real estate development and management shall be investigated of criminal liability in accordance with law; where a crime has not been constituted, administrative sanctions shall be imposed in accordance with law.

　　Chapter VI Supplementary Provisions

　　Article 41 Reference to these Regulations shall be made in implementation of supervision and administration of real estate development and management on real estate development and management on state-owned land outside the urgan planning zones.

　　Article 42 Collectively owned land within urban planning zones may be used for real estate development and management only upon requisition and turning into state-owned land.

　　Article 43 These Regulations shall enter into force as of the date of promulgation

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