Procedures of Shanghai Municipality on Government-supported Co-owned Housing

 2018-10-15  1018



(Promulgated by Decree No. 39 of Shanghai Municipal People's Government on March 16, 2016)

 

Chapter I  General Provisions

 

Article 1 (Legislative Purposes)

These procedures are formulated with a view to regulating the administration of government-supported co-owned housing in this Municipality, and improving the living conditions of urban low- and middle-income families with housing difficulties.

Article 2 (Application Scope)

These Procedures apply to the construction, supply, use, disuse and supervisory administration of government-supported co-owned housing within the administrative area of this Municipality.

Government-supported co-owned housing in these Procedures means the government-supported housing supplied for this Municipality's urban low- and middle-income families with housing difficulties who meet the provided conditions he housing that is constructed according to the relevant state provisions on housing support, with preferential policies provided by the government, according to relevant standards, with provided housing-unit types and sale prices, and restricted scope of use and handling rights and interests, and with the ownership shared by the government and the housing purchasers.

Article 3 (Administrative Functions)

The Municipal People's Government sets up a municipal coordinating organization for housing support to take charge of the decision-making and coordination of such major matters as policies, planning and plan for government-supported co-owned housing.

The municipal housing support administrative department is the competent administrative department in charge of the government-supported co-owned housing in this Municipality.

The district/county people's governments shall be responsible for organizing and implementing the construction, supply, use, disuse and supervisory administration of government-supported co-owned housing within their respective administrative areas. The district/county housing support administrative departments are the administrative departments in charge of the government-supported co-owned housing within their respective administrative areas.

The town/township people's governments and sub-district offices shall be responsible for handling the applications for government-supported co-owned housing, examining the qualifications therefor, and for relevant supervisory administration.

The administrative departments of development & reform, planning, land and resources, finance, civil affairs, public security, taxation, banking, state assets, auditing, statistics, economy and informatization, and supervision of this Municipality shall, according to their respective functions, be responsible for the relevant work of government-supported co-owned housing.

Article 4 (The Executing Organization for Housing Support)

The municipal housing support administrative department, district/county housing support administrative departments , town/township people's governments, and sub-district offices shall designate the corresponding organizations (hereinafter referred to as the housing support executing organizations) to undertake the routine work on government-supported co-owned housing, for which the needed expenses shall be guaranteed by the same-level public finance. 

 

Chapter II  Construction Administration

 

Article 5 (Planning and Plan Formulation)

The municipal housing support administrative department shall, jointly with the municipal administrative departments of development & reform, planning, land and resources, and finance, and the district/county people's governments, draw up the development planning for government-supported co-owned housing in this Municipality according to such factors as the demand for such housing, and the current status of urban and rural planning implementation and land utilization, and include the said planning in the municipal housing development planning. The municipal housing development planning shall be publicized upon approval by the Municipal People's Government.  

The district/county people's governments shall organize the drawing up of the district/county annual implementation plan for government-supported co-owned housing according to the municipal housing development planning, and the plan shall be implemented after the municipal housing support administrative department, jointly with the municipal administrative departments of development & reform, planning, land and resources, and finance, has given the plan an overall balanced consideration and after being submitted to the Municipal People's Government for approval. 

Article 6 (Land Supply)

The construction-use land for government-supported co-owned housing shall be managed under the annual land utilization plan of this Municipality. The municipal and district/county administrative departments of planning, land and resources shall, in their arrangement of the annual land-use quotas, separately set the construction-use land quota for government-supported co-owned housing, and give priority to the supply thereof.

Article 7 (Project Site Selection)

The sites of government-supported co-owned housing projects shall be planned in an overall manner and distributed rationally according to the urban and rural planning, and preferably arranged in areas with relatively convenient transportation and complete living amenities, with consideration of the conditions and costs of the development and construction.  

Article 8 (Project Verification)

The district/county housing support administrative departments shall apply to the municipal housing support administrative department for verification of their government-supported co-owned housing construction projects. The application materials shall define such matters of the projects as the scope of land use, planned parameters, total construction areas, the areas and proportions of different housing-unit types, auxiliary amenities, bidding prices, and development and construction modes. 

The municipal housing support administrative department shall, upon receipt of the application materials, verify the projects jointly with the municipal administrative departments of development & reform, planning, land and resources, and finance.

Article 9 (Construction Mode)

The government-supported co-owned housing shall be developed and constructed in the mode of separate site selection and separate construction, or in the mode of construction as a separate part within a commercial housing construction project.

In the case of separate site selection and separate construction, the construction administrative agency designated by the district/county people's government shall, by inviting bids for a project legal person, decide on a real estate developer with the corresponding qualifications and good social credibility to develop and construct the housing; or the district/county people's government shall organize the development and construction directly. The relevant administrative departments of development & reform, environmental protection, planning, land and resources, and housing support and construction of this Municipality shall give priority to undertaking the relevant formalities for government-supported co-owned housing construction projects.

In the case of construction as a separate part within a commercial housing project, the proportion of the separate part and the construction requirements shall be defined in the document of the State-owned land-use right grant according to the provisions, and the government-supported housing shall be constructed and delivered synchronously with the commercial housing. Upon completion of construction, the separate part of government-supported co-owned housing shall be turned over to the district/county housing support executing organization for free according to the contract of the land grant.

Article 10 (Construction Project Management)

Upon selection of the development unit for the government-supported co-owned housing, the construction administrative agency designated by the district/county people's government shall sign an agreement on the government-supported co-owned housing construction project with the development unit. The said agreement shall be attached to the written decision on the State-owned land-use right appropriation.

Article 11 (Quality and Safety Responsibility, and Information Disclosure)

In the development of government-supported co-owned housing, the development unit and its chief person responsible shall strictly implement the provisions on construction quality and safety management, and bear legal liability for housing quality; the units of survey, design, construction, supervision, and testing and their chief persons responsible shall bear the corresponding responsibilities for the project quality and safety according to law. 

The relevant information on the units of development, design, construction, supervision, and testing and on the planning and construction of the government-supported co-owned housing project shall be disclosed at the locality and relevant premises of the said project according to the provisions.

Article 12 (Main Construction Requirements)

The construction design of government-supported co-owned housing shall comply with the requirements for energy conservation, land saving and environmental protection, take into overall consideration such factors as the housing functions and spatial arrangements, and family sizes and compositions, and aim to meet the families's basic living requirements within a relatively small housing unit.

For government-supported co-owned housing construction projects, corresponding civil public facilities and shared auxiliary facilities shall be constructed according to the provisions. The said facilities shall be constructed and delivered synchronously with the government-supported co-owned housing, and be put into use in a timely manner. The district/county people's government of the locality of the construction project shall coordinate the construction and operation of the said facilities.

Article 13 (Administration of Coordinated Construction)

The districts/county people's governments short of construction-use land may apply to the Municipal People's Government for allocation and use of government-supported co-owned housing units that have been constructed in a coordinated manner.

The district/county people's government approved to use the said housing units shall bear the relevant costs in a timely manner by way of financial-transfer payment according to relevant provisions of this Municipality.

The people's government of the locality of a construction project shall do well the relevant work of land supply and housing construction.

Article 14 (Support Policies)

Government-supported co-owned housing construction projects that adopt the mode of separate site selection and separate constriction may enjoy the following support policies:   

1. The supply of construction-use land shall take the mode of administrative appropriation;

2. The administrative and institutional fees, fees for urban infrastructure facilities and other government funds are exempted;

3. The civil defense construction fees are exempted for those projects for which civil defense construction is not suitable according to the provisions;

4. The land use right obtained through administrative appropriation may be used as a security for a loan according to the state provisions;

5. They may obtain housing accumulation fund loans, policy financial support and preferential loan interest rates by financial institutions according to the state provisions;

6. They may enjoy preferential tax polices according to the state provisions; and

7. Other preferential support polices provided for by the State and this Municipality.

Article 15 (Price Management)

The settlement prices of government-supported co-owned housing construction projects in the mode of separate site selection and separate construction shall, based on the principle of earning only a minimal profit, be determined on the basis of giving overall consideration to construction, financial and management costs, taxes, and profits, and the prices shall be specified in the agreement on the construction project.

The benchmark sales prices of government-supported co-owned housing in the mode ofseparate site selection and separate construction shall, based on the settlement prices of the construction projects, be determined by taking into overall consideration such factors as the payment abilities of the persons entitled to this Municipality's support, and the prices of the government-supported co-owned housing projects in adjacent lots in a similar period so as to achieve balance.

The benchmark sales prices of separately-constructed government-supported co-owned housing within a commercial housing project shall be determined by taking into consideration such factors as the payment abilities of the persons entitled to this Municipality's support, and the prices of the government-supported co-owned housing projects in adjacent lots in a similar period so as to achieve balance.

The sales price of a single government-supported co-owned housing unit shall be determined according to the benchmark sales price and its floating range, and shall be clearly marked and publicized.

Article 16 (Shares of the Property Right)

The shares of the property right of the purchaser of a government-supported co-owned housing unit and the government shall be defined in the housing purchase contract and theagreement on post-supply housing use and management.

The purchaser's share of the property right shall be determined with reference to the proportion of the benchmark sales price of the government-supported co-owned housing projectin the commercial housing prices of similar quality in adjacent lots, with reasonable deductions in the purchaser's favor; the government's share of the property right shall be held by the district/county housing support executing organization.   

Article 17 (Procedure of Price Determination)

The benchmark sales prices of government-supported co-owned housing constructed through municipal coordination, their floating range, and the shares of the property right shall be drawn up by the municipal housing support executing organization, and be submitted to the municipal administrative departments of price control and housing support for examination and approval.

The benchmark sales prices of government-supported co-owned housing funded and constructed by the districts/county, their floating range, and the shares of the property right shall be drawn up by the municipal housing support executing organization, be submitted to the district/county people's government for examination and approval upon being verified by the district/county price control administrative department and the housing support administrative department, and shall be filed with the municipal administrative departments of price control and housing support.

Article 18 (Arrangement of Remaining Housing Units)

Where government-supported co-owned housing units constructed by a development unit are not sold after one year from the initial registration of their ownership, they shall be purchased by the construction administrative agency designated by the district/county people's government. 

Chapter III  Application and Supply

 

Article 19 (Conditions for Application)

Families or individuals with the urban household registration of this Municipality who comply with all of the following conditions may apply to purchase government-supported co-owned housing:

1. Having the urban permanent household registration of this Municipality for the prescribed number of years and having the household registration in the locality of their application for the prescribed number of years;

2. Their present housing area is smaller than the prescribed bottom;

3. Their deposable income and property are lower than the prescribed bottom;

4. Within the prescribed years before filing the application, having no act of transferring a housing unit that causes their present housing difficulty; and

5. Other conditions provided for by the Municipal People's Government.

The families as referred to in the preceding clause are composed of members with the relationships of legal support, dependence or maintenance who live together; and the individuals mean single persons with full capacity for civil conduct whose age meets the prescribed standard. 

The specific conditions provided for in the above Items 1 and 2 shall be formulated by the Municipal People's Government and publicized.

Article 20 (Procedure of Application)

An applicant for purchasing government-supported co-owned housing shall file an application to the town/township people's government or sub-district office of his/her locality of household registration, fill in the application documents truthfully, submit relevant certificates, and sign written documents to accept verification of their relevant conditions and agree to publicizing of the verification result.

No unit or individual shall issue false certificates for the applicants.

Where a family applies to purchase a government-supported co-owned housing unit, a family member with full capacity of civil conduct shall be elected as its representative applicant.

Article 21 (Examination and Entry)

Upon accepting the application, the town/township people's government or sub-district office shall conduct preliminary examination. The applicant's household registration, identity and marriage shall be verified by the administrative departments of public security and civil affairs, his/her housing status shall be verified by the housing support executing organization; his/her income and property status shall be verified by an agency for checking residents's economic status. If the preliminary examination finds the applicant eligible, he/she shall be publicized in his/her locality of household registration and actual residence for seven days. If, during the period of publicizing, there is no dissent, or there is dissent but examination finds the dissent unjustified, the case shall be submitted to the district/county housing support executing organization for reexamination.  

If reexamination finds the applicant eligible, he/she shall be publicized for five days. If, during the period of publicizing, there is no dissent, or there is dissent but examination finds the dissent unjustified, an entry shall be recorded with the household as a unit, and an entry certificate shall be issued. The entry certificate shall be valid for three years from the date of issuance.

The applicants shall participate in the housing-unit selection according to the provisions during the valid period of the entry certificate.

Article 22 (Standards of Supply)

The standards of supply of government-supported co-owned housing shall be determined, according to the number and composition of family members, by the Municipal People's Government, and shall be publicized. The applicants shall not select a housing unit above the prescribed standards of supply.

Where an agency designated by the government purchases an applicant's original housing unit, the standard of government-supported co-owned housing supply may be appropriately raised for him/her.

Article 23 (Waiting List)

The housing support executing organization shall, in the light of the supply of government-supported co-owned housing, sequence the entered applicants for housing unit selection by means of public lottery or lots-drawing, and establish and update in a timely manner the waiting list. The applicants have the right to inquire about the waiting list.

Where persons are entitled to priority support in government-supported co-owned housing as provided for by laws, administrative regulations, or normative documents of the State Council, they shall be given priority in the arrangement thereof.

Article 24 (Report of Major Changes)

Where major changes happen to the family members, household registration, or housing of an entered applicant before the housing unit selection, he/she shall report to the district/county housing support executing organization according to the provisions.

If the district/county housing support executing organization, before arranging the housing unit selection, finds an entered applicant does not comply with the conditions for application, it shall disqualify him/her from the entry.

Article 25 (Procedure of Supply)

The housing support executing organization shall publicize such information as the location, scale, and benchmark sales prices of government-supported co-owned housing.

The housing support executing organization shall, according to the current scale of housing sources and the applicant waiting list, arrange the housing sale, and publicly organize the applicants to select housing units.

Where an applicant confirms that he/she participates in the housing unit selection and decides on a government-supported co-owned housing unit, he/she shall sign the housing unit selection confirmation letter, sign the purchase contract with the development unit, and sign the agreement on post-supply housing use and management with the district/county housing support executing organization of the locality of the housing unit.

Article 26 (Invalidity of the Entry Certificate and the Waiting Number)

The entry certificate and waiting number obtained by an applicant are invalid and the applicant shall not apply for government-supported co-owned housing within three years if he/she has any of the following cases:

1. failing to confirm whether to participate in the housing selection within the valid period of the entry certificate due to his/her own fault;

2. after confirming participation in the housing unit selection, failing to select a housing unit according to the provisions when the current housing sources are supplied;

3. failing to sign the housing unit selection confirmation letter, the housing purchase contract or the agreement on post-supply housing use and management after selecting a housing unit; or

4. termination of the signed purchase contract or the agreement on post-supply housing use and management due to his/her own fault.

Article 27 (Preferential Policies for Housing Purchase)

A purchaser of a government-supported co-owned housing unit may apply for housing-purchase loans from the housing accumulation fund and for commercial bank funds according to the provisions, and may enjoy preferential tax policies according to the state provisions. 

Article 28 (Determination of Housing Purchasers)

Where a family purchases a government-supported co-owned housing unit, the family applicant may determine the housing purchaser through negation in the written form, who functions as the co-owner of their share of the property right, with the other applicants as the co-habitants; if no consensus can be reached among the applicants, all the applicants shall be the housing purchasers. 

Article 29 (Determination of the Property Right of the Underground Garage)

The underground garage of a government-supported co-owned housing unit in the mode of separate site selection and separate construction shall be jointly owned by all the housing purchasers. The income from using the underground garage belongs to all the housing purchasers, is mainly used to supplement the special maintenance fund, and may also be used as working expenditure for the proprietors's committee or for other needs in property management according to the decision of the proprietors's congress; the relevant repair and maintenance responsibility shall be borne by all the housing purchasers.

Article 30 (Real Estate Registration)

The housing purchaser shall apply for real estate registration to the district/county real estate registration agency of the locality of the housing unit according to relevant provisions on real estate registration.

Where registration of a government-supported co-owned housing unit is approved upon examination, the real estate registration agency shall record the estate proprietor and his/her share of the property right, and note down the name(s) of the co-habitant(s) and the words 鈥済overnment-supported co-owned housing's in the advance registration proof and the real estate title certificate. 

Article 31 (Dovetailing with Other Housing Support Policies)

Those who purchase government-supported co-owned housing after enjoying low-rent housing or public rental housing shall stop enjoying the subsidies for the low-rent housing, and vacate and return the low-rent housing or public rental housing 90 days after the move-in notice has been served.

Those who have enjoyed the subsidies for families with housing difficulty after expropriation or demolition shall not apply for government-supported co-owned housing.

 

Chapter IV  Post-supply Management

 

Article 32 (Provisions on Use)

The purchaser and co-habitant(s) of a government-supported co-owned housing unit shall use the unit according to relevant provisions on housing management and the agreement of post-supply housing use and management, and shall not commit any of the following acts before obtaining the complete ownership:

1. transfer or give away the government-supported co-owned housing unit without approval;

2. rent or lend the government-supported co-owned housing unit without approval;

3. set a mortgage other than the security for the loan for purchasing the government-supported co-owned housing unit; or

4. cases in violation of other laws, rules or regulations.

Article 33 (Buy-back)

Where a person has held the real estate title certificate for a government-supported co-owned housing unit for less than five years and has any of the following cases, he/she shall vacate and return the housing unit, and the district/county housing support executing organization of the locality of the housing unit or an agency designated by the district/county people's government shall buy it back:

1. where the housing purchaser or co-habitant(s) have purchased a commercial housing unit, and thus no longer meet the standards for housing difficulty;

2. where both the housing purchaser and the co-habitant(s) have their household registration moved out of this Municipality or live abroad permanently;

3. where both the housing purchaser and the co-habitant(s) have died; or

4. other cases provided for by the Municipal People's Government.

The price for buying back is the original sales price plus the interests calculated by the same-period benchmark deposit rates of the People's Bank of China.

Where a holder of the real estate title certificate for a government-supported co-owned housing unit for less than five years needs to return the said housing unit due to division of property arising from divorce, inability to pay back the housing purchase loan or other reasons, all the housing purchaser(s) and co-habitants shall reach a consensus and file an application to the district/county housing support executing organization of the locality of the housing unit. Upon the latter's examination and approval, the housing unit shall be bought back according to the provisions of Paragraphs 1 and 2 above.  

Article 34 (Transfer in the Market and Purchase the Government's Share of the Property)

After five years from acquisition of the real estate title certificate, a government-supported co-owned housing unit may be transferred in the market or the housing purchaser and co-habitant(s) may purchase the government's share of the property right, except in the case where the housing purchaser or co-habitant(s) refuse to implement a relevant administrative decision on housing management made by the district/county housing support administrative department or fail to correct their violation of the agreement. After the said housing unit is transferred in the market or the government's share of property right is purchased, the housing unit shall be changed to a commercial housing unit in nature.  

After five years from acquisition of the real estate title certificate, where the housing purchaser or co-habitant(s) have purchased a commercial housing unit and no longer have housing difficulty, they shall transfer the government-supported co-owned housing unit in the market or purchase the government's share of property right before undertaking the transfer registration of the said commercial housing unit, except that there is real need to purchase a commercial housing unit. The specific cases of exception shall be prescribed by the municipal housing support administrative department.

Article 35 (Procedures and Price for Housing Transfer in the Market and Purchase of the Government's Share of the Property Right)

Where a government-supported co-owned housing unit is transferred in the market, all the housing purchaser(s) and co-habitant(s) shall reach a consensus and file an application to the district/county housing support executing organization of the locality of the housing unit. The district/county housing support executing organization or an agency designated by the district/county people's government has the preemption under the same conditions; the housing unit shall not be transferred to others unless these organs give up the preemption. If a government-supported co-owned housing unit is transferred in the market or preempted, the housing purchaser(s) obtain the corresponding part of the total transfer price according to their share of the property right.

In the case of purchasing the government's share of the property right, all the housing purchaser(s) and co-habitant(s) shall reach a consensus on matters such as the purchase intent and the purchaser(s), and file an application to the district/county housing support executing organization of the locality of the housing unit.

The procedures for the government to exercise its preemption and the determination of the price for the purchaser(s) and co-habitant(s) to purchase the government's share of the property right shall be separately provided for by the municipal housing support administrative department jointly with the relevant administrative departments on the principle of complying with the market price.  

Article 36 (Fund Management and Use of Housing Sources)

After a government-supported co-owned housing unit is changed to a commercial housing unit in nature, the income from the government's share of the property right shall be included in the special financial account for housing support funds.

In the case of a government-supported co-owned housing unit obtained by buying-back or preemption, the district/county people's government shall use this housing source in an overall manner according to relevant provisions.    

Article 37 (Fund Guarantee)

The district/county housing support administrative department shall, jointly with the financial department, set up special funds to guarantee promptly the money needed in buying back and preemption.

Article 38 (Prohibition from Reapplication)

After a housing purchaser and the co-habitant(s) obtain a government-supported co-owned housing unit, they shall not reapply for such a housing unit. 

Article 39 (Inheritance)

Where all the housing purchasers have died, and the inheritors for their share of the property right of a government-supported co-owned housing unit do not comply with the application conditions for such a housing unit, the housing support agency shall handle the said housing unit by legally dividing the shared property.  

Article 40 (Maintenance Fund)

The housing purchasers shall pay the special housing maintenance funds in full according to relevant provisions on commercial-housing special maintenance funds of this Municipality.

Article 41 (Property Service Fee)

The property service fee for a government-supported co-owned housing unit shall be borne by the housing purchaser(s).

The property service fee for a separately constructed government-supported co-owned housing unit within a commercial housing project shall follow the standard for such fee in the residential quarters where the said housing unit is located. 

Article 42 (Government's Purchase of Service and Coordination in Management)

The district/county housing support administrative department of the locality of a government-supported co-owned housing unit may entrust the specific implementation of the use and management of the said housing unit to a property service enterprise or other social organizations, and pay the corresponding fees.

The district/county housing support administrative department and other relevant departments of the place of the housing allocation and supply shall coordinate in ensuring smooth post-supply management. 

Article 43 (Requirements for Real Estate Agents)

Real estate agencies and their agents shall not provide illegal agency service for the sale and rent services of government-supported co-owned housing units.

 

Chapter V  Supervision and Administration

 

Article 44 (Supervision and Inspection)

The housing support administrative department and the entrusted housing support executing organization may conduct supervision and inspection in the following ways:

1. inquiring the units and individuals relevant to the matters to be verified, and requiring them to make explanations and provide materials to prove the true situation;

2. inspecting the use of the property;

3. searching for, recording and copying relevant materials of the persons entitled to the support to learn the said persons's conditions such as identity, income and property; and

4. other ways provided for by laws and regulations.

Relevant units and individuals shall cooperate in the supervision and inspection, and provide relevant materials as required.

Article 45 (Informatization and Archive Management)

The municipal housing support administrative department shall establish a unified information system for government-supported co-owned housing to provide technical service for the construction, application approval, allocation and supply, post-supply management and other work concerning government-supported co-owned housing.

The housing support executing organization shall establish and prefect relevant archives on the application, supply, use and disuse of government-supported co-owned housing.

Article 46 (Credit Information Management)

here an applicant, a housing purchaser, co-habitant(s) or a relevant unit or individual has a case of violation of these Procedures, the administrative department shall, according to the provisions of the State and this Municipality, include the relevant information of the administrative handling decision into the municipal service platform for public credit information.

Article 47 (Public Supervision)

The construction, application approval, allocation and supply, post-supply management and other work concerning government-supported co-owned housing shall be subject to public supervision.

Units and individuals are encouraged to report and complain about violations of these Procedures; and the relevant department in charge shall handle them in a timely manner and publicize the handling result. 

 

Chapter VI  Legal Liability

 

Article 48 (Legal Liability for Violation of the Agreement)

Where a housing purchaser or co-habitant has, in violation of the agreement of post-supply housing use management, transferred, given away, rented or lent the government-supported co-owned housing unit without approval, set a mortgage other than the security for the purchase loan for the government-supported co-owned housing unit, or had other violations of the agreement, the housing support executing organization of the locality of the housing unit may demand him/her to make corrections and prosecute him/her for liability for the violation according to the agreement.

Article 49 (Legal Liability for Applicants's Falsification)

Where an applicant, in violation of the provisions of Clause 1 of Article 20 of these Procedures, fails to fill in the application documents truthfully, intentionally conceals or lies about the status of his/her identity, housing, income or property, or forges relevant certificates to apply for a government-supported co-owned housing unit, the housing support administrative department of the place of the housing allocation and supply shall handle the case according to the following provisions and prohibit him/her from reapplying for any kind of government-supported housing of this Municipality within five years:

1. If the offender has obtained the qualifications for application, such qualifications shall be cancelled, and a fine of not less than 10,000 yuan but not more than 50,000 yuan shall be imposed. And

2. If the offender has purchased a government-supported co-owned housing unit, he/she shall be ordered to vacate and return the housing unit, be charged the market rent during the period of the housing occupation, and be subject to a fine of not less than 50,000 yuan but not more than 100,000 yuan; after the housing unit is vacated and returned, the housing support executing organization shall return his/her payment for the housing purchase.

Article 50 (Legal Liability of Issuers of False Certificates)

Where a unit or an individual, in violation of the provisions of Clause 2 of Article 20 of these Procedures, issues false certificates for other persons to apply for a government-supported co-owned housing unit, the housing support administrative department of the place of the housing allocation and supply shall order it/him/her to make corrections, and impose a fine of not less than 10,000 yuan but not more than 50,000 yuan on a unit offender, and impose a fine of not less than 1,000 yuan but not more than 10,000 yuan on an individual offender.

Article 51 (Legal Liability for Using the Housing Unit in Violation of Provisions)

Where a housing purchaser or co-habitant, in violation of the provisions of Items 1, 2 or 3 of Article 32 of these Procedures, illegally uses the housing unit, the housing support administrative department of the locality of the housing unit shall order him/her to make corrections within a prescribed time limit; if he/she fails to do so within the prescribed time limit, a fine of not less than 10,000 yuan but not more than 100,000 yuan shall be imposed.  

Where a housing purchaser or co-habitant illegally puts up a building/structure, damages a load-bearing structure, or changes the use nature of the property, occupies the shared parts of the property, or commits other acts in violation of the provisions on housing management, he/she shall be handled according to relevant provisions of the State and this Municipality on property management.

Where a housing purchaser or co-habitant uses the housing unit in violation of the provisions of Article 32 and fails to make corrections within the prescribed time limit, the housing support administrative department of the locality of the housing unit may order him/her to vacate and return the housing unit, and prohibit him/her from reapplying for any kind of government-supported housing of this Municipality within five years. 

Article 52 (Legal Liability for Real Estate Agents's Illegal Agency Service)

Where a real estate agency or its agent, in violation of the provisions of Article 43 of these Procedures, provides agency service for the sale or rent of a government-supported co-owned housing unit, the district/county housing support administrative department shall order it/him/her to make corrections, and impose a fine of 10,000 yuan on the real estate agent, and impose a fine of 30,000 yuan the real estate agency and disqualify it from online filing.  

Article 53 (Application for Enforcement)

Where a party concerned refuses to implement an administrative decision made by the district/county housing support administrative department, the said department may, according to the provisions of these Procedures, ,apply to the people's court for enforcement.

Article 54 (Administrative Responsibility)

Where the relevant administrative department, the housing support executing organization, or their employees have any of the following acts and cause a negative influence, the employing department or organization, or their superior competent department shall give a warning, a demerit or a serious demerit to the person-in-charge directly responsible and other persons directly liable; if the case is serious, a punishment of demotion or dismissal shall be imposed:   

1. failing to implement their duty of examination and approval;

2. failing to establish or update the waiting list according to law;

3. failing to carry out the housing selection according to law; or

4. failing to implement their duty of post-supply management according to law.

 

Chapter VII  Supplementary Provisions

 

Article 55 (Other Channels for Collecting Housing Sources)

The housing support executing organization may purchase newly-built or existing ordinary commercial housing as sources for government-supported co-owned housing. The purchase of such sources shall follow the preferential tax polices provided for by the State.

Article 56 (Effective Date)

These Procedures shall be effective as of May 1, 2016. The Trial Procedures of Shanghai Municipality on Management of Affordable Housing (SMPG G [2009] No. 29) promulgated on June 24, 2009 shall be repealed simultaneously.