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城市房地產(chǎn)管理法-免費(fèi)閱讀

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【正文】 s government at the corresponding level, a new or a modified certificate of the landuse right shall be issued by the people39。 and (5) Other conditions provided by laws, administrative rules and regulations. For establishing an intermediary service agency for real estate, an application for registration of the establishment shall be submitted to the administrative department for industry and merce and a business licence shall be obtained, before it starts its business. Article 58 The State shall practise a qualification authentication system for real estate price appraisers. Chapter V Administration of Real Estate Ownership RegistrationArticle 59 The State shall practise a system of registration and certification for landuse right and ownership of houses. Article 60 Where the landuse right is to be obtained by means of granting or allocation, an application for registration shall be submitted to the department of land administration under the local people39。 (3) The funds put into the development construction having reached twentyfive percent or more of the total investment for the construction project, puted on the basis of the mercial houses provided for presale, and the schedule of construction and the date of pletion for delivery having been set。 (6) The real estate has not been registered in accordance with the law and the certificate of the ownership has not been obtained。 (4) To have sufficient professional and technical personnel。s government at or above the county level, after the land user has paid pensation and expenses for resettlement, etc., approves in accordance with the law to allocate the land to the land user or gratuitously allocates the landuse right to the land user. Where the landuse right has been obtained by means of allocation in accordance with the provisions of this Law, except as otherwise provided by laws, administrative rules and regulations, there shall be no restriction with respect to the term of use. Article 23 The landuse right for the following land used for construction may, if really necessary, be allocated upon approval by the people39。s governments with due authority for approval. Limits of authority as provided in the preceding paragraph for the people39。s governments at or above the county level shall be determined by the people39。s Congress on July 5, 1994 and promulgated by Order of the President of the People39。s governments of the cities or counties in a planned and stepbystep way. With regard to each lot granted, plans for its purposes, term of use, and other conditions shall be worked out by the departments of land administration under the people39。s government of the city or county must provide the land granted as agreed upon in the granting contract。 where two years have elapsed and the land is still not developed, the landuse right may be reclaimed without pensation, however, the circumstances wherein the delay in starting the development is caused by force majeure or acts of governments or their departments concerned or by the early preparations necessary for starting the development shall be excepted. Article 26 The design and construction of a project of real estate development must conform to the relevant standards and norm of the State. A pleted project of real estate development may be turned over for use only after it is checked and accepted. Article 27 The landuse right obtained pursuant to the law may, in accordance with the provisions of this Law and relevant laws, administrative rules and regulations, be valued and contributed as shares in developing and operating real estate in the form of joint ventures or contractual joint ventures. Article 28 The State shall adopt preferential measures in aspects such as taxation to encourage and support real estate development enterprises to develop and construct residential houses. Article 29 A real estate development enterprise is an enterprise engaged in real estate development and operation for purpose of profit. To establish a real estate development enterprise, the following conditions shall be met: (1) To have a name and institutional structure of its own。 (3) The landuse right has been reclaimed in accordance with the law。s government that has the authority for approval decides in accordance with the regulations of the State Council that the formalities for granting the landuse right need not be gone through, the transferor shall, pursuant to the regulations of the State Council, turn over to the State the proceeds obtained from land in the transfer of the real estate or dispose of such proceeds otherwise. Article 40 For the transfer of real estate, a written transfer contract shall be concluded in which the means of obtaining the landuse right shall be stated. Article 41 When real estate is transferred, the rights and obligations stated in the contract for granting the landuse right shall be transferred therewith. Article 42 Where the landuse right has been obtained by means of granting and after the real estate has been transferred, the term for the use of the landuse right shall be the remaining years after subtracting the years of use by the former land user from the original term agreed upon in the contract for granting the landuse right. Article 43 Where the landuse right has been obtained by means of granting and after the real estate has been transferred, the transferee modifies the landuse purpose agreed upon in the contract for granting the landuse right, the transferee must obtain consent from the transferor and the administrative department in charge of urban planning under the people39。 (2) To have fixed premises to provide services。s government at or above the country level shall issue a certificate of the ownership of the house after verification. Where transfer or modification of real estate is to be made, an application for registration of the modification
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