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城市房地產(chǎn)管理法(更新版)

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【正文】 To establish a limited liability pany or a joint stock limited pany engaged in real estate development and operation, relevant provisions of the Company Law shall also be plied with. A real estate development enterprise shall, within one month after obtaining a business license, report its establishment for the record to the department designated by the local people39。s government at or above the county level in accordance with the law: (1) Land used for State organs or military purposes。s governments and their departments concerned of the counties under the municipalities directly under the Central Government shall be prescribed by the people39。s governments of provinces, autonomous regions or municipalities directly under the Central Government. Chapter II Land Used for Development of Real EstateSection 1 Granting of the Landuse RightArticle 7 Granting of the landuse right refers to acts that the State grants land users the right to use the Stateowned land (hereinafter referred to as the landuse right) for a certain number of years and the users shall pay the State a granting fee for the landuse right. Article 8 The landuse right for the collectiveowned land within a planned urban district may be granted with payment only after it is requisitioned in accordance with the law and turned into Stateowned land. Article 9 Granting of the landuse right must conform to the overall planning for land utilization, urban planning and the annual plan for land to be used for construction. Article 10 Where the local people39。s Republic of China on the Administration of the Urban Real Estate (Adopted at the Eighth Meeting of the Standing Committee of the Eighth National People39。s government for approval. Article 11 Granting of the landuse right shall be carried out by the people39。s governments of the cities or counties and the land users. Article 15 A land user must pay the fees for the granting of the landuse right as agreed upon in the granting contract. In default of such payments, the department of land administration shall have the power to rescind the contract and may demand pensation for the breach of contract. Article 16 Where a land user has paid the fees for the granting of the landuse right as agreed upon in the granting contract, the department of land administration under the people39。 and (4) Land used for other purposes as provided by laws or administrative rules and regulations. Chapter III Development of Real EstateArticle 24 The development of real estate must be strictly subjected to the urban planning and carried out in a manner of overall planning, rational distribution, prehensive development and construction with supporting facilities, in line with the principle of bining the economic, social and environmental benefits. Article 25 Where the landuse right has been obtained by means of granting for development of real estate, the land must be developed according to the landuse purpose and the time limit for starting the development as agreed upon in the contract for granting the landuse right. Where one year has elapsed from the date for starting the development as agreed upon in the granting contract and the land is not yet developed, fees for idle land which is equivalent to twenty percent or less of the fees for granting the landuse right shall be collected。 (2) The rights of real estate have been sealed up by order of the judicial organ or decision of the administrative organ pursuant to law or limited by other ways。s government with the authority for approval, the transferee shall go through the formalities for the granting of the landuse right and pay the fees therefore according to the relevant regulations of the State. Where the landuse right has been obtained by means of allocation and where, when the transfer of the real estate is reported for approval, the people39。s government of the city where the houses are located. Where houses are leased for activities of production and business operation, the rent and other terms for the lease shall be determined by both parties through consultation. Article 55 Where an owner of a house, for profitmaking purposes, leases the house built on the Stateowned land, the landuse right for which has been obtained by means of allocation, he shall turn over to the State the proceeds derived from the land and contained in the rent. The specific measures shall be prescribed by the State Council. Section 5 Intermediary Service AgenciesArticle 56 Intermediary service agencies for real estate include real estate consultant agencies, real estate price appraisal agencies and real estate broking agencies. Article 57 Intermediary service agencies for real estate shall meet the following conditions: (1) To have names and institutional structures of their own。s government at or above the county level. The department of housing administration under the local people39。s government of the relevant province, autonomous region or municipality directly under the Central Government, such department may make and issue the uniform certificate of the ownership of real estate, in which the confirmation and modification of the ownership of houses and the landuse right of the house site shall be recorded respectively in accordance with the provisions of Article 60 of this Law. Chapter VI Legal LiabilityArticle 63 Where anyone, in violation of the provisions of Article 10 or Article 11 of this Law, approves without authorization the granting of landuse right or grants landuse right without due approval for development of real estate, the person who is held responsible shall be given an administrative sanction by an organ at a higher level or by the unit to which he belongs. Article 64 Whoever, in violation of the provisions of Article 29 of this Law, engages in business of real estate development without obtaining a business li
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