(Adopted at the 52rd Executive Meeting of the Third Shenzhen Municipal Government, promulgated by Decree No.111 of Shenzhen Municipal People’s Government on February 15, 2002)
Article 1 According to the provisions of Article 16 of the Rules of Shenzhen Special Economic Zone on Dealing Historical Illegal Private Houses (hereinafter referred to as the “Rules”), these implementation rules are hereby formulated.
Article 2 Shenzhen Municipal People’s Government shall set up the leading group to deal with illegal private houses, which shall manage and coordinate the dealing of illegal private houses in the whole city.
The district people’s governments shall set up the leading groups, which shall be constituted by district people’s government, and the departments in charge of planning and land resources, construction, urban managements, public security, fire, environment protection, trade and industry, culture, health, leasing and street offices (town government) and so on, and shall be responsible for the administration and coordination of the dealing of illegal private houses.
Offices charging daily affairs shall be established by the leading groups.
Article 3 No property rights of an illegal private house may be authorized if it is listed in the transformation area of the old city (country).
Article 4 If a fine shall be imposed according to the provisions of Article 5, paragraph 1, sub-paragraph 2 of these Rules, the charging standards shall be 40–50RMB per Sqm in Luohu and Futian districts, and 30-40 RMB per Sqm in Nanshan and Yantian districts.
Article 5 If a fine shall be imposed according to the provisions of Article 5, paragraph 1, sub-paragraph 3 and 5 of these Rules, the charging standards shall be 80–100RMB per Sqm in Luohu and Futian districts, and 60-80 RMB per Sqm in Nanshan and Yantian districts.
Article 6 If a fine shall be imposed according to the provisions of Article 5, paragraph 1, sub-paragraph 6 of the Rules, the charging standards shall be 130–150RMB per Sqm in Luohu and Futian districts, or 110-130 RMB per Sqm in Nanshan and Yantian districts.
Article 7 The punishment imposed to the extra house constructed in violation of the principle of one house for one household refers to the punishment imposed according to the extra construction area. The charging standards of the fine shall be 80–100RMB per Sqm in Luohu and Futian districts, and 60-80 RMB per Sqm in Nanshan and Yantian districts.
Article 8 The charging standards of fine imposed in Baoan and Longgang districts shall be determined by the district governments.
Article 9 A land requisition contract shall be signed with the collective economic organization of the village when the supplementary land requisition procedures for the illegal private house are cleaned.
Article 10 According to the provisions of Article 7 of the Rules, when an overseas Chinese or a compatriot from Hong Kong, Macao or Taiwan applies for dealing an illegal private house, his origin status shall be confirmed by the overseas Chinese affairs department of the district governments or above.
Article 11 According to the provisions of Article 9 of the Rules, the procedures of initial registration shall be handled when the property rights of an illegal private house are authorized after the punishment is imposed. Anyone who applies for the initial registration shall submit with the following documents:
1. the Application Form for the Initial Registration of Real Estate
2. the Proof of Identity (ID Card)
During the registration, the departments charging planning and land resources shall deal with the land map, measure report, fine and land price in accordance with the Rules.
The Certificate of Use Right of the Real Estate may not be issued by the registration agencies until the applicant pays the land money and fine, submits the land map and measure reports about the area which are provided by the measure departments, and signs the contract of land use right transformation.
Article 12 According to the provisions of Article 12 of the Rules, the fine and land money collected from the illegal private houses shall be managed uniformly as part of the city land fund, and be allocated step by step. The specific allocation ratio shall be 35% to 65% between the municipal and district governments in the Special Economic Zone, 25% to 75% outside the Special Economic Zone. The allocation ratio between the district and street (town) governments shall be determined by the district governments.
The fine and land money mentioned above shall be used especially for paying the basic equipments and matching facilities of the city construction to improve the overall environment of the city. The use of the land fund shall be supervised by the finance department.
Article 13 These implementation rules shall take effect as of March 1 2002.
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