Regulation on the Administration of Development and Operation of Urban Real Estate (2020 Second Revision)

Regulation on the Administration of Development and Operation of Urban Real Estate (2020 Second Revision)

(Promulgated by the Order No. 248 of the State Council of the People's Republic of China on July 20, 1998; revised for the first time by the Order No. 588 of the State Council in accordance with the Decision of the State Council on Abolishing and Amending Some Administrative Regulations on January 8, 2011; revised for the second time in accordance with the Decision of the State Council to Amend and Repeal Certain Administrative Regulations on March 19, 2018; revised for the third time in accordance with the Decision of the State Council to Amend Certain Administrative Regulations on March 24, 2019; and revised for the fourth time by the Order No. 726 of the State Council of the People's Republic of China in accordance with the Decision of the State Council to Amend and Repeal Certain Administrative Regulations on March 27, 2020; revised for the fifth time in accordance with the Decision of the State Council to Amend and Repeal Certain Administrative Regulations on November 29, 2020.)

Chapter I General Provisions

Article 1 In order to standardize acts of development and management of urban real estate, to strengthen the supervision and administration of development and management of urban real estate, and to promote and protect the healthy development of the business of real estate, the present Ordinance is formulated in accordance with relevant provisions of the Urban Real Estate Administration Law of the People's Republic of China.

Article 2 Development and management of real estate, as referred to in the present Ordinance, refer to acts of the construction of infrastructure and the construction of houses on state-owned land within urban planning areas and the transfer of projects of development or the sales and lease of commercial housing by enterprises for development of real estate.

Article 3 Development and management of real estate shall, in accordance with the principle of the unification of economic benefits, social benefits and environmental benefits, plan comprehensively, layout reasonably, develop integratedly and construct concertedly.

Article 4 The construction administrative organ under the State Council shall be responsible for the supervision and administration of acts of development and management of real estate in the whole country.
Organs of local people's governments at or above the county level responsible for administration of development and management of real estate shall be responsible for acts of development and management of real estate within their respective administrative regions.
In accordance with the provisions of laws and administrative regulations, organs of people's governments at or above the county level responsible for land administration shall be responsible for the administration of land concerning development and management of real estate.

Chapter II Enterprises for the Development of Real Estate

Article 5 Besides complying with the requirements of establishment of enterprises stipulated in relevant laws and administrative regulations, to establish enterprises for the development of real estate, the following requirements shall also be met:
(1) have registered capital of 1,000,000 yuan or more;
(2) have 4 or more full-time technical personnel in the fields of real estate and construction engineering, who have obtained certificate of qualifications, and 2 full-time accounting personnel with certificate of qualifications.
In accordance with local situations, people's governments of provinces, autonomous regions and municipalities directly under the state council may make requirements higher than the previous paragraph for the establishment of enterprises for development of real estate concerning registered capital and the qualifications of professional technical personnel.

Article 6 When investing to establish real estate development enterprises, a foreign merchant shall, besides complying with the provisions of Article 5 of the present Ordinance, abide by the provisions of laws and administrative regulations on foreign investment

Article 7 The establishment of real estate development enterprises shall apply to be registered with administrative organs for commerce and industry of people's governments at or above the county level. For applications that meet the requirements of Article 5 of the present Ordinance, administrative organs for industry and commerce shall register within 30 days after receiving the application; for those that don't meet the requirements and so shall not be registered, the reasons therefor shall be explained.
When examining application for registration of the establishment of real estate development enterprises, administrative organs for industry and commerce shall hear the opinion of the administrative departments responsible for real estate development at the same level.

Article 8 A real estate development enterprise shall, within 30 days of receipt of the business license, submit the following paper or electronic materials, and file them with the real estate development authority at the place where the registration authority is located:
(1) Photocopy of the business license.
(2) Bylaws of the enterprise.
(3) Qualification certificates and contracts of employment of professional technical personnel.

Article 9 In accordance with the assets, professional technical personnel and achievements in development and management of real estate development enterprises, administrative organs responsible for real estate development shall check and ratify the level of qualifications of the enterprise of real estate development that has been put on record. Enterprises of real estate development shall receive projects of real estate development in accordance with the level of qualifications as ratified. The detailed measures shall be formulated by construction administration organ under the State Council.

Chapter III Real Estate Development Construction

Article 10 Real estate development projects shall be ascertained in accordance with the requirements of the overall plan for land use, annual plan for land use for construction and urban plan, annual plan of real estate development; those that shall be approved by administrative organs for planning in accordance with relevant state regulations shall apply ......