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290 Some Rules of the Shenzhen Municipality on the Reform of the Housing System of Government Offices and Institutions[深圳市国家机关事业单位住房制度改革若干规定(1999)]

来源: 日期:2009-01-13 字号:[]

 

(Adopted in principle at the 83rd Executive Meeting of the Second Session of the Shenzhen Municipal People’s Government, promulgated by Order No. 88 of the Shenzhen Municipal People’s Government on October 20, 1999, put into force from January 1, 2000) 

  

Chapter I General Provisions 

  

       Article 1 In order to deepen the reform of the housing system, accelerate the process of socialization and commercialization of housing, and remove the restraints of the comfort housing ownership, these rules are hereby formulated in accordance with the related rules of the State Council on the reform of the housing system of cities and towns and in light of the practical conditions and needs of this city. 

  

       Article 2 The comfort housing referred to in these rules shall mean the quasi-cost housing, full-cost housing, full-cost housing with small profits, and social housing with small profits which are sold or rented out to the employees of government offices and institutions according to these rules. 

  

       Article 3 The persons who participate in the reform of the housing system shall include the employees of government offices and institutions of the Shenzhen Municipality, districts who have the registered permanent residence, registered temporary residence. 

       The housing subject to the reform of the housing system shall include the housing owned by the municipal, district bureaus of housing and other government offices and institutions, and the comfort housing which have been sold or rented out. 

       The housing not allowed for sale shall include the housing which needs to be demolished and relocated recently, the housing, the structure of which has been damaged, the housing, the ownership of which is not identified or is disputed, the temporary housing shared by two or more households during resettlement process.  

  

       Article 4 The construction of comfort housing shall bring various positive factors into play, further transform housing construction from the system in which the state, units take the full responsibility into a system in which three parties--- the state, units, and individuals--- reasonably share the burden. 

  

       Article 5 The reform of the housing system (hereinafter referred to as the housing reform) shall promote the change of housing from the distribution in kind to the distribution in monetary wages, establish a new operation system of housing, put funds into a positive cycle, increase the effective supply of housing. 

  

       Article 6 Selling prices, rents shall be reasonably set, both sale and rent shall be promoted side by side, the sale of housing shall be kept steady. In setting prices, costs shall be the center of deliberation, the bearing capability shall be considered, and fairness shall be taken into account as well. The prices of housing shall adapt to the development of the urban economy and the increase in the bearing capability of employees to finance the purchase of their housing, and gradually go through the transition to the market prices of commercial housing. 

  

       Article 7 The Shenzhen Municipal Housing Committee shall be a special committee consisting of the chief officers of the related functional departments of governments, professionals, and city residents. The committee shall conduct deliberation, coordination, direction, and policy-making on the major housing issues of this city. The municipal housing committee shall hold at least one meeting each quarter, an office shall be set up to do the day-to-day work of the municipal housing committee. 

  

       Article 8 The Office of the Reform of the Housing System of the Shenzhen Municipal People’s Government (hereinafter referred to as the municipal office of housing reform) shall be responsible for the day-to-day work of the housing reform of the whole city which specifically includes making the housing policies, housing reform policies of the whole city, setting the prices, rents of the comfort housing, verifying the prices and rents of the comfort housing, examining the requirements for the purchase and rent of housing, conducting the follow-up administration of the removal of the restraints of the ownership, and investigating and punishing the acts of violation of these rules, etc. 

       After making the housing policies, housing reform policies, and setting the prices, rents of the comfort housing, the municipal office of housing reform shall report them to the municipal housing committee for approval. 

  

Chapter II Land Policy of the Comfort Housing and the Mode of Supply and Demand of Housing 

  

       Article 9 The comfort housing construction shall be kept at a reasonable proportion of the total housing construction according to the level of the economic development of the city, be in line with the overall plan of land use and the overall city plan, and insist on the principle of being “rational in land use and thrifty with land use”. 

  

       Article 10 The plan of the comfort housing construction shall be worked out by the municipal government. The land to be used for the comfort housing construction shall be arranged 2 to 3 years in advance as part of overall panning according to the plan of the comfort housing construction by the department of planning and land in the annual plan of construction land use, and shall be supplied through agreements. 

  

       Article 11 The compensation for land-taking, demolition and relocation in the comfort housing construction shall be listed as the expenses of the housing fund. The land used for the comfort housing construction shall be exempt from the land assignment fee, the part of such land used for the construction of the full-cost housing with small profits shall be exempt from the municipal accessory construction fee as well, but for the land of “three in place and one leveled” (water supply, power supply, and roads are all in place, and the land is leveled), a payment shall be made to the municipal land development fund as the land development fee which is specifically one third of the fees actually paid for the accessory development of residential quarters. 

  

       Article 12 During a certain time period, “two tracks, three types, many price levels” shall be taken as the main mode of supply and demand of housing for this city’s population who have registered permanent residence,: 

(1)   The first track is the construction of the comfort housing by the investment from the municipal, district departments of housing management. The type of the full-cost housing with small profits shall be supplied to the employees of the government offices and institutions listed in the salary system of the municipal, district public finance; the type of the social housing with small profits shall be supplied to the enterprises and institutions registered in the Shenzhen City and their employees and those who have the middle and low income in the society, but government offices and institutions and their employees may also purchase the type of the social housing with small profits. 

(2)   The second track is the construction of the commercial housing for the market by the investment from the enterprises of real estate development. Units shall purchase the type of the commercial housing for the market according to the related rules, and then sell or rent out to their employees at the prices no lower than the prices set by the housing reform policy according to the bearing capability of their employees. 

  

Article 13 The departments of housing management shall provide the low-rent 

housing of a proper standard to be rented out to the low-income people of the society and satisfy the general demands for housing from these people. 

  

       Article 14 All units may solve their own employees’ housing problems by means of self-construction and cooperative construction according to the rules. 

       If the self-constructed housing, cooperatively-constructed housing, and the housing purchased at the prices of the social housing with small profits have not been changed to the commercial housing for the market, their owner-units shall sell, rent out them only to the employees of these units according to the housing reform policy. 

  

Chapter III Conditions for the Purchase and Rent of the Comfort Housing and the Area Standards 

  

       Article 15 The purchase and rent of the comfort housing shall follow the principle of free will, each family of employees shall purchase or rent only one suite (room) of the comfort housing. 

  

       Article 16 If the employees of government offices and institutions meet one of the following conditions, they may apply to the municipal, district departments of housing management for the purchase or rent of one suite (room) of the comfort housing: 

(1)   Both husband and wife in an employee family have the registered permanent residence in the Special Zone. 

(2)   A family is composed of a single employee having the registered permanent residence in the Special Zone, and the persons who have the registered permanent residence in the Special Zone and are related to the employee either as the minor or as the senior to be supported. 

(3)   A single employee has the registered permanent residence in the Special Zone and is 35 or older. 

(4)   Servicemen’s, martyrs’ spouses have the registered permanent residence.  

  

Article 17 The employees of government offices and institutions who do not meet 

the conditions prescribed in Article 16 of these rules shall rent the single-person apartments. 

  

       Article 18 Cadres at various levels shall purchase, rent the comfort housing according to the following standards of the construction areas of housing: 

(1)   the standards of the construction area of housing for the cadres at the province, ministry level shall follow the provincial standards; 

(2)   the cadres at the municipality level: the construction area of housing shall be more than or equal to 150 square meters but less than or equal to 170 square meters; 

(3)   the cadres at the bureau level: the construction area of housing shall be more than or equal to 130 square meters but less than or equal to 150 square meters; 

(4)   the cadres at the division level: the construction area of housing shall be more than or equal to 100 square meters but less than or equal to 120 square meters; 

(5)   the cadres at the section level: the construction area of housing shall be more than or equal to 80 square meters but less than or equal to 90 square meters; 

(6)   the ordinary cadres: the construction area of housing shall be more than or equal to 70 square meters but less than or equal to 80 square meters. 

  

Article 19 It shall be strictly prohibited for cadres at various levels to purchase, 

rent the housing larger than the upper limit of the standards of the construction area of housing for cadres at corresponding levels. In case of being larger than the upper limit of the standards of the construction area of housing, purchasing shall be allowed only after approval by the superior responsible department and the municipal department of housing management; but the extra area over the upper limit of the standards of the construction area of housing shall be purchased at the price of the commercial housing for the market of the time of purchasing the comfort housing. 

  

       Article 20 The personnel in a specific technical field such as science and technology, education, culture and arts, health, sports etc., who have no administrative posts, shall purchase, rent the comfort housing by referring to the standards of the construction area of housing for cadres at corresponding levels according to the related rules. 

  

       Article 21 Various realty owner units may formulate the specific measures on the housing distribution according to the practical conditions of their own units. After the distribution of housing, various realty owner units shall strictly examine the qualifications of applicants to purchase, rent the housing according to these rules when these units are applying for going through the procedure of the housing reform. 

  

Chapter IV Composition of the Price of the Comfort Housing 

  

       Article 22 The price of the quasi-cost housing shall be composed of the cost of housing per se, the project administration expenses, and the interests during the construction period, and the factors such as story, orientation, depreciation, land lot, and bearing capability, fairness, etc., shall be taken into account as well. 

       The cost of housing per se shall be determined by the municipal office of housing reform according to the result of calculation of the average cost of housing per se provided by the municipal agency of the cost management for construction projects, and shall be published specifically as Table of the Factors Affecting the Cost of Housing Per Se and floating indexes of housing prices. 

       The project administration expenses = the cost of housing per se × 2-3% 

       The interests during the construction period = (the cost of housing per se + project administration expenses) ×the interest rate announced by the bank during the same period × 6 (months) 

       The detailed effects of story, orientation on housing prices may be seen in attached Table 1 Factors Affecting Housing Prices, Table 2 Factors Affecting the Prices of Multi-Story Housing with Elevators; the story coefficient of high-rise housing (the housing of 10 stories or more with elevators) shall be calculated as follows: the story coefficient of the middle stories (one or two stories) has nothing to be added or deducted, the story coefficient of the stories higher than the middle stories shall increase by 1% for each story higher than the middle stories, the coefficient of the top story shall be the same as that of the secondary to the top story, the story coefficient of the stories lower than the middle stories shall decrease by 1% for each story lower than the middle stories. The orientation shall be taken into account according to the related rules of the municipal department of housing management. 

       The period of depreciation shall be 50 years, the annual depreciation rate shall be 2% (the monthly depreciation rate shall be 1.67%); the period of depreciation shall be calculated as the period from the date of the completion of construction to the month of signing a housing purchase contract.   

  

       Article 23 The price of the full-cost housing shall be composed of the price of the quasi-cost housing and the expenses of the accessory development of a residential quarter (hereinafter referred to as the accessory expenses). 

       The accessory expenses shall include the expenses for demolition and relocation, land-taking, reconnaissance and design, etc. at the earlier stage of construction, and the cost of the outdoor accessory works such as pipes, lines, roads, afforestation, and construction sketches, etc. within the property line of a residential quarter, but not include the expenses of the operational facilities of culture, education, health, and commercial services, etc. The accessory expenses shall be calculated according to the construction area of housing and be published regularly by the municipal office of housing reform. 

       The accessory expenses shall float with the cost of housing per se. 

       The accessory expenses shall not be affected by the factors such as depreciation, story, orientation, and land lot, etc. 

       The accessory expenses shall be affected by giving preferences to seniority, that is, the accessory expenses to be collected shall be reduced by 2.5% for each year of the total period calculated as the consecutive length of service of an employee purchasing the housing plus the years when this employee has worked in the Shenzhen Special Zone.   

       The consecutive length of service for an employ to purchase housing shall be calculated as the period from the month to have the first job to June 10, 1988. 

       The years of working in the Shenzhen Special Zone shall be calculated as the period from the month of changing the registered permanent residence to one in the Special Zone to June 10, 1988. The length of service before June 1, 1980 shall not be calculated as the years of working in the Special Zone. 

       The length of study at universities and colleges or educational institutions at higher levels before June 10, 1988 may be calculated as the length of service. The accessory expenses to be collected shall be reduced by 2.5% for each year of the length of such study, the length of study shall not be calculated when the length of service of the same time have already been calculated, the length of study after taking the first job shall not be taken into account to give the preference in terms of reduction of the accessory expenses. 

  

       Article 24 The price of the full-cost hosing with small profits shall be composed of the price of the full-cost housing and small profits. The small profits shall be 8% of the price of the full-cost housing. 

       The base for calculating small profits shall not take into account various preferences, that is, the price of the quasi-cost housing shall not take into account the preferences in the payment methods, and the accessory expenses shall not take into account the preferences based on the length of service, the length of study. 

       Small profits shall be adjusted to the level of the economic development of the city and the bearing capability of employees in a proper way. 

  

       Article 25 The prices of the social housing with small profits shall mean the prices of the housing with small profits put on public sale to enterprises and the middle- and low-income people of the society by the municipal, district departments of housing management. The price of the social housing with small profits shall be composed of the following 8 factors, and the factors such as story, orientation, land lot, etc. shall be taken into account as well: 

(1)   the land development expenses: the expenses for the total cubic meters of earth and stones which have to be excavated and filled in for the vertical design, and the expenses to level the site, that is, the land development expenses of each square meter of the site area ÷ plot ratio; 

(2)   the municipal accessory construction expenses: the municipal accessory expenses of each square meter of the site area ÷ plot ratio; 

(3)   the expenses of civil engineering and installing for housing per se: the expenses of civil engineering, installing for each project; 

(4)   the project administration fee: 2-3% of the expenses of civil engineering and installing for housing per se; 

(5)   the expenses of the accessory development of a residential quarter: calculated according to the second section, third section, and fourth section of Article 23 of these rules, ; 

(6)   the interests during the construction period: the interests during the construction period shall be calculated for 6 months, that is, the interests = the sum of the previous 5 items × the interest rate announced by the bank for the same period in that year; 

(7)   the special fund for the public facilities of a residential quarter: 2% of the sum of the previous 6 factors; 

(8)   the profits: 3-10% of the sum of the previous 7 factors. 

If the construction cost of the public facilities of culture, education, health, sports, 

and entertainment, etc. has not been listed as the expense in the annual budget of the department of finance, it shall be incorporated in the housing price as the expenses of the public facilities of a residential quarter and listed as part of the fifth item of the composition of the housing price. 

  

       Article 26 The land lot factor of the price of the full-cost housing with small profits and the price of the social housing with small profits shall be determined according to the urban land grades set by the department of planning and land, the range of increase and decrease in the land lot factor shall take into account the comprehensive factors such as the bearing capability, etc., the table of the land lot factor shall be worked out by the municipal office of housing reform and reported to the municipal housing committee to be promulgated for implementation after approval. 

  

       Article 27 The price of the high-rise housing shall be calculated according to the cost, and the factors such as story, orientation, depreciation, and land lot, etc., shall be taken into account as well.  

       Before Table of the Factors Affecting the Cost of the High-Rise Housing Per Se is published, the cost of the housing of more than (including) 11 stories but less than (including) 20 stories with elevators shall be calculated as the cost of the multi-story housing per se plus 25% of this cost; the cost of the housing of more than (including) 21 but less than (including) 30 stories with elevators shall be calculated as the cost of the multi-story housing per se plus 30% of this cost; the cost of the housing of more than (including) 31 stories with elevators shall be calculated as the cost of the multi-story housing per se plus 35% of this cost. 

       After Table of the Factors Affecting the Cost of the High-Rise Housing Per Se is published, the housing price shall be calculated strictly according to the published cost of the high-rise housing per se. Considering the bearing capability of employees, appropriate preferences may be given to the employees who purchase the housing according to the cost of the high-rise housing per se. 

  

       Article 28 The calculation of the construction area of the comfort housing shall be made strictly according to the related rules of the state. 

  

Chapter V Purchase of the New Housing and Payment Methods 

  

       Article 29 If the construction area and the decoration standards of the comfort housing have been set, and the investment has reached 25% or more of the total of the needed investment, the advance sale may be made after approval by the municipal office of housing reform, the prices shall be set according to the housing price policy at the time of the advance sale. When employees purchase the comfort housing, the deal shall be made at the price which is not lower than the price of the full-cost housing with small profits. 

  

       Article 30 When purchasing the comfort housing, employees may make full payment without installment on their own or by a bank loan. In case of making full payment on one’s own, there shall be no preference in payment methods; in case of making full payment by a bank loan, the amount, interest, term of the loan shall be set according to the related rules. 

  

       Article 31 When an employee’s family is going to purchase their housing and the spouse of the applicant for the purchase of housing is an overseas individual, the price of their housing shall be calculated according to the prices of the social housing with small profits published by the municipal office of housing reform at the time of purchasing their housing.  

  

       Article 32 When units are selling, renting out the comfort housing to the employees of their own to live in, they shall be exempt from the related taxes according to the related rules. 

  

Chapter VI Payment for the Price Differences of the Quasi-Cost Housing and Full-Cost Housing 

  

       Article 33 Before these rules are put into force, if the housing price has increased because of taking into account the coefficient of the price difference concerning area, employees shall not have to pay for the differences of both the accessory expenses and the small profits of the full-cost housing when they purchase the quasi-cost housing or full-cost housing.  

  

       Article 34 Before these rules are put into force, if the coefficient of the price difference concerning area has not been taken into account or there is no increase in the housing price even though the coefficient of the price difference concerning area has been taken into account,  the employees who purchase the quasi-cost housing or full-cost housing may pay the difference of the small profits of full-cost housing according to Article 35 of these rules no matter if they have made full payment for housing or not. The difference of the small profits shall be paid once in full to the original owner unit, and there shall be no preferences taken into account in terms of payment methods. 

  

       Article 35 If the difference of the small profits of the full-cost housing has been paid once in full within 6 months from the date of putting these rules into force, the housing price shall be set as much as that in 1999; if the difference of the small profits of the full-cost housing is paid in full after 6 months from the date of putting these rules into force, the housing price shall be set according to the housing price policy of the time of paying the difference. 

       The employees who purchase their housing at the price of the quasi-cost housing shall pay the difference of the small profits of the full-cost housing according to the following formula: 

The small profits of the full-cost housing = the accessory expenses after having preferences at the time of paying the difference + (the price of the quasi-cost housing at the time of paying the difference + the accessory expenses at the time of paying the difference) × 8%. 

      The employees who purchase their housing at the price of the full-cost housing shall pay the difference of the small profits of the full-cost housing according to the following formula: 

The small profits of the full-cost housing = (the price of the quasi-cost housing at the time of paying the difference + the accessory expenses at the time of paying the difference) × 8%. 

  

       Article 36 If employees have signed contracts to purchase the quasi-cost housing or full-cost housing and have not made full payment for their housing, they may pay the remaining sum at the time of paying the difference of the small profits of full-cost housing. 

  

Chapter VII Ownership of the Comfort Housing 

  

       Article 37 If the full ownership has been obtained after the verification by the municipal office of housing reform according to these rules, the comfort housing shall become the commercial housing for the market, the oblige shall enjoy the right of occupation, use, profit, and disposition. 

  

       Article 38 In case of having obtained the full ownership of the comfort housing, such housing may enter the market after 6 months from the date of putting these rules into force. 

  

       Article 39 When employees purchase their housing at the price of the quasi-cost housing or full-cost housing, if the coefficient of the price difference concerning area has not been taken into account or there is no increase in the housing price even though the coefficient of the price difference concerning area has been taken into account, they shall obtain only the rights of occupation and use, and receive Certificate of Title to Housing Property for the quasi-cost housing or full-cost housing. If the difference has been paid according to Article 35 of these rules and full payment has been made for such housing, the full ownership of housing shall be obtained. 

  

       Article 40 When employees purchase their housing at the price of the quasi-cost housing or full-cost housing, if there is an increase in the housing price because of taking into account the coefficient of the price difference concerning area or full payment has been made to purchase such housing at the price of the full-cost housing with small profits according to Article 24 of these rules, the full ownership of housing shall be obtained. 

  

       Article 41 If full payment has been made for the purchase of housing at the price higher than the price of the full-cost housing with small profits prescribed by Article 24 of these rules, the full ownership of housing shall be obtained. 

  

       Article 42 The housing purchased or rented by a unit at the cost price or at the price of the social housing with small profits may not enter the market; after paying the difference to the original owner unit according to the price of the social housing with small profits, the unit shall have the right of the follow-up administration of the housing title. 

  

       Article 43 If employees, after purchasing their housing at the price of the quasi-cost housing or full-cost housing, have left government offices and institution before these rules are put into force, the purchasers or their units shall pay the difference of the social housing with small profits to the original owner units according to the housing price policy of the time of paying the difference. 

       The formula to calculate the difference of the social housing with small profits shall be as follows:  

       The difference of the social housing with small profits = the price of the social housing with small profits at the time of paying the difference – the replacement value of the originally purchased comfort housing. 

  

       Article 44 If an employee family which has not obtained the full ownership of their comfort housing moves its registered permanent residence out of the Special Zone, the purchased housing shall be taken back by the original owner unit, the payment for such housing (no rent to be deducted, no interest to be calculated) shall be refunded to the purchaser according to the principle of “substitution of interest for rent”. If the employee family wants to keep the housing, it shall pay the difference of the commercial housing for the market once in full on its own to the original owner unit and obtain the ownership of the commercial housing for the market. 

       The difference of the commercial housing for the market = the price of the commercial housing for the market at the time of paying the difference – the replacement value of the originally purchased comfort housing. 

       The prices of the commercial housing for the market shall be evaluated by the evaluation agency selected by the municipal department of housing management through invitation to bid. 

       The replacement value of the originally purchased comfort housing shall mean the price verified according to the housing price policy at the time of paying the difference. 

  

       Article 45 If the returned overseas Chinese and the family members of the overseas Chinese leave the country and settle abroad, the comfort housing they have bought shall be dealt with according to the related laws, regulations, rules. 

  

       Article 46 If a housing-purchase applicant who has not obtained the full ownership of the comfort housing is in one of the following situations, the accepting unit or the applicant shall pay to the original owner unit the difference between the price of the social housing with small profits and the replacement value of the originally purchased comfort housing: 

(1)   to be transferred to an enterprise or a government office and institution at a different level of financial allocations; 

(2)   to terminate a labor contract; 

(3)   to retain the job but suspend the salary, resign, leave the job without authorization, be discharged from public employment; 

(4)   to go abroad to study on one’s own or go for a one-way trip to leave the country and settle abroad, whereas the relatives of lineal kinship are qualified to purchase the comfort housing. 

  

Article 47 If an employee family has not obtained the full ownership of the 

comfort housing and its housing-purchase applicant is transferred between government offices and institutions at the same level of financial allocations, there shall be no need to pay the difference of the social housing with small profits. 

  

       Article 48 In case of inheriting the comfort housing, the full ownership of which has not been obtained, it shall be dealt with according to the related rules. 

  

       Article 49 If an employee has to use the comfort housing without full ownership to pay off debts, the original owner unit shall buy the comfort housing at the replacement value of the time of paying debts first, and then the debts shall be paid off by what the buyer unit has paid for the housing. 

  

       Article 50 If a divorce, remarriage takes place in an employee family which has not obtained the full ownership of the comfort housing, it shall be dealt with according to the following rules: 

(1)   In case of divorce, the housing shall be put under the ownership of the party who has the registered permanent residence in the Special Zone and also the minors, seniors to support at the time of divorce, but the minors, seniors to be supported must have the registered permanent residence in the Special Zone. If both parties become the singles, the ownership of housing shall be settled by consultation; if no agreement is reached in consultation, the housing shall be put under the ownership of the original housing-purchase applicant. 

(2)   The party who has obtained the ownership of housing shall pay another party the replacement value of the housing that this person should have; if the original housing-purchase applicant does not obtain the ownership of housing and the original owner unit asks for payment for the difference, the party who has obtained the ownership of housing or this person’s unit shall pay the original owner unit the difference of the social housing with small profits or the difference of the commercial housing for market. 

(3)   If one household has got two suites of comfort housing because of remarriage or marriage, one suite shall be returned to the original owner unit at the price of the original purchase. 

  

Article 51 If the comfort housing has already been sold to employees according 

to the housing reform policy, the original owner units and other departments shall not infringe upon the legal rights and interests of the employees by disposing such housing on their own. 

  

       Article 52 The time limit of land use of the comfort housing shall be set according to the related rules of the municipal department of planning and land. If the government needs to take back the land before the time limit of land use expires, the household which has not obtained the full ownership of housing shall be given compensation according to Article 67 of these rules. 

  

Chapter VIII Payment for the Taxes and Fees to Put the Housing On the Market 

  

       Article 53 The change of Certificate of Title to Housing Property of the comfort housing to that of the commercial housing for the market, and the kinds and standards of taxes for going on the market shall follow the related laws, regulations, rules in their implementation. 

  

       Article 54 If the trading price of the comfort housing for sale is apparently lower than the market-evaluation price, the taxes and fees shall be collected according to the market-evaluation price; the market-evaluation price shall be evaluated by the evaluation institution selected by the municipal department of housing management through invitation to bid. 

  

       Article 55 As for other acts of going on the market, the taxes and fees shall be paid according to the related laws, regulations, rules; the base of paying fees shall be set according to the market-evaluation price. In case of trading after receiving Certificate of Title to Housing Property of the commercial housing for the market in place of that of the comfort housing, the base price used to calculate the value added fee shall be set according to the market-evaluation price at the time of receiving Certificate of Title to Housing Property of the commercial housing for the market. 

  

       Article 56 The taxes and fees shall be collected in a unified way by the offices of title registration as delegated collectors. Among them, the trading service fee shall go to the special account of the municipal housing fund, the proceeds of public land shall go to the special account of the municipal land development fund. 

  

Chapter IX Housing Allowances 

  

       Article 57 The housing allowances of the employees of government offices and institutions who have the registered permanent residence in the Special Zone and are salaried by public finance shall be given together with their salaries, and be adjusted correspondingly to the change of their salaries. Housing allowances shall be granted according to the related rules. 

  

       Article 58 As for the employees of government offices and institutions who have no registered permanent residence in the Special Zone and the temporary employees of government offices and institutions who have the registered permanent residence, the housing allowance of 60 RMB each month for each person shall be granted. 

  

       Article 59 Housing allowances shall not be included in the taxable personal income according to law. 

  

Chapter X Rent of the Comfort Housing 

  

       Article 60 The rent of the comfort housing shall not be lower than the rate of the quasi-cost rent. The rates of the quasi-cost rent shall be calculated according to the prices of the quasi-cost housing, the rates of the social small-profit rent shall be calculated according to the prices of the social housing with small profits. The quasi-cost rent and the social small-profit rent shall be calculated according to the area of housing, and the factor of story shall be taken into account. 

  

       Article 61 The quasi-cost rent shall be composed of the following 5 factors: 

(1)   the depreciation cost = the price of the quasi-cost housing × (1 − 5%) ÷ n 

(2)   the expense of repair and maintenance = the depreciation cost × 40% 

(3)   the administration fee = the depreciation cost × 20% 

(4)   the interest of the payback period of investment = {i  (1 + i) n ÷ [(1 + i) n − 1]} × the price of the quasi-cost housing −the price of the quasi-cost housing ÷ n 

(5)   the insurance expense and the accessory service fee: 12% of the quasi-cost rent, i.e., the insurance expense and the accessory service fee = [ (1 + 2 + 3 + 4) ÷ (1 − 12%)] × 12% 

“n” is 600 month of the depreciation period; “i” is the monthly interest, 6‰; 

“5%” is the salvage value of housing. 

  

       Article 62 The social small-profit rent shall be composed of the following 5 factors: 

(1)   the depreciation cost = the price of the social housing with small profits × (1 −5%) ÷ n 

(2)   the expense of repair and maintenance = the depreciation cost × 40% 

(3)   the administration fee = the depreciation cost × 20% 

(4)   the interest of the payback period of investment = {i  (1 + i) n ÷ [(1 + i) n − 1]} × the price of the social housing with small profits −the price of the social housing with small profits ÷ n 

(5)   the insurance expense and the accessory service fee: 12% of the social small-profit rent, i.e., the insurance expense and the accessory service fee = [ (1 + 2 + 3 + 4) ÷ (1 − 12%)] × 12% 

“n” is 600 month of the depreciation period; “i” is the monthly interest, 6‰; 

 “5%” is the salvage value of housing. 

  

Article 63 The departments of housing management shall arrange the comfort 

housing to be rented out at the quasi-cost rent to the permanent employees of government office and institutions who have not purchased the comfort housing. 

       The extraordinarily poor family receiving the social relief payment may apply for renting the comfort housing at the quasi-cost rent. 

  

       Article 64 The employees of enterprises registered in Shenzhen may apply for renting the comfort housing at the social small-profit rent. 

  

       Article 65 The adjustments of the rates of the comfort housing rent shall be published by the municipal office of housing reform. 

  

Chapter XI Exchange of the Comfort Housing 

  

       Article 66 If employees purchase the comfort housing without obtaining the full ownership of housing and the construction area of their housing is lower than the lower limit of the standards prescribed in Article 18 of these rules, they may apply for the exchange of housing because of their needs in living and working. Each household shall be allowed to exchange its housing only for once from the date when these rules are put into force. 

       In the exchange of the housing, the originally purchased housing shall be taken back by the original owner unit according to the principle of “substitution of interests for rent”, the original payment for the housing (no rent to be deducted, no interest to be calculated) shall be refunded to the housing purchaser, but no compensation shall be made for the decoration expenses. The price of the newly purchased housing shall be set according to the housing price policy of the time of purchasing the new housing. 

  

Chapter XII Compensation for the Demolition and Relocation of the Comfort Housing 

  

       Article 67 The compensation for the demolition and relocation of the comfort housing, the full ownership of which has not been obtained, shall be made according to the following rules: 

(1)   If the comfort housing purchased by an employee needs to be demolished, the unit of demolition and relocation shall be in principle responsible for resettlement, make compensation by providing a suite of the same kind of title as that of the demolished housing according to the policy of “providing one when demolishing one”. 

(2)   The policy of “providing one when demolishing one” shall not be implemented in case of demolishing the rented comfort housing. The owner unit shall make appropriate arrangements for resettlement, complete the procedure for renting according to the rent policy of the time of resettlement. 

  

Chapter XIII Housing Fund and Loan 

  

       Article 68 The government housing fund shall include the proceeds of the sale and rent of government real estate (including the commercial-use housing, parking lots, and public facilities of culture and entertainment in the residential quarters constructed by governments) and their resultant interests. The government housing fund shall be used for its special purposes only, mainly for the development and construction, transformation, maintenance, and management of the comfort housing, and the research in the housing development plan, and shall not be misappropriated for other purposes. 

  

       Article 69 The government housing fund shall be managed through a special financial account, and accept the supervision by the related departments of finance, audit. 

  

       Article 70 When purchasing the comfort housing, employees may apply to banks for loans. 

  

Chapter XIV Realty Management of Residential Quarters 

  

       Article 71 The realty management of residential quarters shall be organized and carried out according to Regulations of the Shenzhen Special Zone on the Realty Management of Residential Quarters, Detailed Rules for the Implementation of “Regulations of the Shenzhen Special Zone on the Realty Management of Residential Quarters”, and Measures of the Shenzhen Special Zone on the Administration of the Trade of Realty Management. 

  

       Article 72 The maintenance expenses of housing per se shall be paid from the maintenance fund of housing per se, the deficit shall be balanced by contributions shared by owners. The maintenance expenses of the public accessory facilities (except for those added later on) of residential quarters shall be paid from the special fund of public facilities. 

  

       Article 73 Realty owners or entrusted units of realty management shall be responsible for the operation, management of the commercial-use housing, parking lots, and public facilities of culture and entertainment in the residential quarters. 

  

Chapter XV Punishments 

  

       Article 74 In case of purchasing, renting the comfort housing through fraud and deception such as hiding the truth, providing false documents of certification, the departments of housing management or the original owner units shall take back the housing purchased, rented through fraud and deception (the housing purchased through fraud and deception shall be taken back at the original price), calculate the rent of the period of use according to the market rent, and the departments of housing management shall impose a fine of more than 30,000 but less than 50,000 RMB per suite as well. The violators shall be prohibited from applying for purchasing, renting the comfort housing for three years. As for the units issuing false documents of certification, in addition to the above punishments, administrative sanctions may be imposed on the persons in charge and the directly responsible people by their superior responsible department.  

  

       Article 75 In case of violation of the rules on the administration of the comfort housing by reselling the comfort housing before the comfort housing goes on the market, the department of housing management or the original owner unit shall take back the resold comfort housing at the original price, and the department of housing management shall impose a fine of less than 3 times of the illegal earnings at the same time, and may impose administrative sanctions according to law. 

  

       Article 76 It shall be prohibited for any individual or family to purchase, rent two or more suites of the comfort housing, the individual or the family having purchased, rented two or more suites of the comfort housing may be allowed to keep only the first suite, the other suites shall be taken back by the department of housing management or the original owner unit (the purchased suite shall be taken back at the original price), and the department of housing management shall impose a fine of more than 20,000 but less than 100,000 RMB at the same time, and may impose administrative sanctions according to law. 

  

       Article 77 In case of violation of the rules on the administration of the comfort housing by renting out or re-renting out the comfort housing before the comfort housing goes on the market, the department of housing management shall impose a fine of less than 3 times of the illegal earnings. 

  

       Article 78 In case of extending the construction area of the comfort housing without approval by the responsible department of government, the department of housing management shall order to restore the housing to the original state by a deadline, impose a fine of more than 20,000 but less than 50,000 RMB per suite, and may impose administrative sanctions according to law. 

  

       Article 79 In case of changing the use of the comfort housing without approval by the responsible department of government, the department of housing management shall order the doer to restore the original use of the housing by a deadline, and impose a fine of less than 20,000 RMB per suite. 

  

       Article 80 If anyone moves in the comfort housing without approval by the department of housing management or the owner unit, or is ordered to move out by a deadline as a result of the decision of the department of housing management to take back the housing because of violation of the rules on the administration of the comfort housing, the doer shall move out by the deadline and pay the market rent for the time period of illegal use; if moving out has not been done after the deadline, the department of housing management or the owner unit shall promptly apply to the people’s court for coercive enforcement. 

  

       Article 81 If the personnel participating in the administration of the sale, rent of the comfort housing, in violation of the rules on the administration of the comfort housing, carry out illegal, discipline-breaching acts, the units which they are affiliated with shall impose administrative sanctions; if the circumstances are serious and a crime is constituted, the criminal responsibility shall be investigated into by a judicial office according to law. 

  

       Article 82 The above punishments may be imposed separately or jointly. If the party concerned has an objection to the decision on administrative sanctions made by the department of housing management, an application may be filed for review to the municipal office of administrative review according to law; if the party concerned has an objection to the review decision, legal action may be taken at the people’s court. 

       If the party concerned has failed either to apply for review or to take legal action after the deadline when refusing to implement the punishment decision of the department of housing management, the department of housing management may apply to the people’s court for coercive enforcement. 

  

Chapter XVI Supplementary Provisions 

  

       Article 83 These rules shall be applicable to the employees of the organizations of both the Communist Party of China and the Political Consultative Conference. 

  

       Article 84 Enterprises and units stationed in Shenzhen may work out their specific measures on the reform of the housing system in light of their conditions, but they shall follow the following principles: 

(1)   The qualifications of employees to purchase, rent their housing shall be determined by referring to these rules; 

(2)   The rent at which employees rent their housing and the price at which employees purchase their housing and obtain the full ownership of their housing shall not be lower than the rates of the rent and the housing price set by these rules. 

(3)   The system of common accumulation fund shall be put into practice for enterprise employees and then there shall be no housing allowance to be granted to them. 

(4)   The enterprise housing fund shall be put into practice according to the related rules of the municipal government. 

(5)   Enterprise may sign agreements on the purchase of housing with their employees in light of their conditions, but the contents of the agreements shall not contravene these rules and the housing reform policy. 

(6)   The measures on the reform of the housing system formulated by enterprises shall take effect only after approval by the municipal office of housing reform. 

  

Article 85 Two districts, the Baoan District and  the Longgang District, shall refer 

to these rules in the implementation, their rent and housing price may be 10% lower than those within the Special Zone. The measures for implementation worked out by these two districts shall be reported to the municipal office of housing reform and be carried out after approval. 

  

       Article 86 If the related rules promulgated in the past are incompatible with these rules, these rules shall be followed as the criterion. 

  

       Article 87 The municipal office of housing reform may formulate the corresponding detailed rules as supplements according to these rules. 

  

       Article 88 These rules shall be put into force from January 1, 2000. 

  

       Article 89 These rules shall be interpreted by the office of marketable housing reform of the Shenzhen Municipal Bureau of Legal Affairs. 

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