【正文】
r development as agreed upon in the granting contract and having fulfilled twentyfive percent or more of the total investment for development in the case of housing projects, or having constituted conditions of landuse for industrial purposes or other construction projects in the case of developing tracts of land. Where real estate is transferred with the construction of houses pleted, the certificate of the house ownership shall be acquired. Article 39 Where the landuse right has been obtained by means of allocation, the transfer of the real estate shall, according to the regulations of the State Council, be reported for examination and approval to the people39。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 relevant city or county, and conclude an agreement on the modification of the contract for granting the landuse right or enter into a new contract for granting the landuse right and readjust the fees for granting the landuse right accordingly. Article 44 For the presale of mercial houses, the following conditions shall be met: (1) Having paid all the fees for the granting of the landuse right and obtained the certificate of the landuse right。 (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。s government at or above the county level and having obtained the certificate of permission for the presale of mercial houses. Presellers of mercial houses shall, in accordance with the relevant regulations of the State, submit the presale contracts to the departments of housing administration and departments of land administration under 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。 (3) To have necessary property and funds。 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。s government at or above the county level, the certificate of the landuse right shall be issued by the people39。s government at or above the county level. The department of housing administration under the local people39。s government at or above the county level and on the strength of the certificate of the modified ownership of the house, an application for registration of the modification of the landuse right shall be submitted to the department of land administration under the people39。s government at the corresponding level, a new or a modified certificate of the landuse right shall be issued by the people39。s government at or above the county level. Where the landuse right and the ownership of a house have been obtained from disposal of mortgaged real estate, the change of ownership for the landuse right and the house shall be registered in accordance with the provisions of this Chapter. Article 62 Where a department of 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