Chapter I General Provisions
Article 1 To follow the decisions and arrangements of the Central Committee of the Communist Party of China and the State Council on accelerating the development of government-subsidized rental housing and standardize the administration of government-subsidized rental housing, these Measures are formulated in accordance with the Opinions of the General Office of the State Council on Accelerating the Development of Government-subsidized Rental Housing (Normative Document [2021] No. 22 of the General Office of the State Council) and in light of the specific circumstances in this municipality.
Article 2 These Measures shall apply to the leasing, operation, supervision and administration of government-subsidized rental housing in this municipality.
Article 3 Government-subsidized rental housing as mentioned in these Measures refers to the housing to which the government grants policy support, leverages the market, mainly has a compact design and is leased to eligible new citizens, young people and all kinds of professionals on limited rents.
Article 4 Government-subsidized rental housing shall be administered in line with the holistic plan of the government and the principles of market participation, standardized administration and good faith.
Article 5 The municipal competent housing authority (hereinafter referred to as the municipal competent authority) shall be the administrative competent authority for the administration of the leasing of government-subsidized rental housing in this municipality. It shall formulate relevant policies and the municipal supply plans for government-subsidized rental housing, coordinate, guide and supervise the supply and allocation of government-subsidized rental housing in all districts, and organize the supply, allocation, supervision and administration of government-subsidized rental housing in this municipality.
The municipal authorities of development and reform, public security, civil affairs, finance, human resources and social security, urban planning and natural resources, transport, market regulation and industrial management shall administer the leasing of government-subsidized rental housing within their respective duties.
Article 6 District people’s governments (including the authorities of new areas; the same below) shall organize the administration of the leasing of government-subsidized rental housing within the district.
The district competent housing authority (hereinafter referred to as the district competent authority) shall be responsible for the leasing, operation, supervision and administration of government-subsidized rental housing within the district, and may entrust the district housing security implementation agency for administrative law enforcement and other affairs.
Relevant district authorities shall be responsible for relevant work according to their respective duties.
Article 7 The municipal competent authority shall establish a unified housing information platform (hereinafter referred to as the information platform) in this municipality. The leasing of government-subsidized rental housing shall be regulated on the information platform.
The authorities of public security, civil affairs, human resources and social security, urban planning and natural resources, veterans affairs and market regulation shall cooperate with each other and connect the information platform with other information platforms for household registration, marriage, education, technical skill level, social insurance, real estate registration, veterans affairs and credit information, so as to realize information sharing.
Chapter II Allocation and Leasing
Article 8 The competent authority shall formulate an annual supply plan for government-subsidized rental housing in accordance with the annual implementation plan for housing development of this municipality, as well as the current supply of government-subsidized rental housing and housing demands.
Article 9 The application for government-subsidized rental housing shall be based on good faith. Whoever submits application information shall be responsible for the authenticity, accuracy and legality of such information and related materials.
Article 10 For government-subsidized rental housing directly leased to qualified lessees by the government, the application shall be batch-accepted and government-subsidized rental housing shall be batch-leased to qualified lessees.
Article 11 Whoever applies for government-subsidized rental housing directly leased to qualified lessees by the government shall meet the following requirements at the same time:
(1) The applicant, his spouse and child (children) under the age of 18 do not have their private housing in this municipality (including construction land for housing; the same below), and have not granted their private housing in this municipality or divided their private housing due to divorce within three years before the application is accepted;
(2) The applicant, his spouse and child (children) under the age of 18 are not enjoying the preferential housing security policy in this municipality, except for renting government-subsidized rental housing from a social entity;
(3) The applicant shall regularly buy social insurance (endowment insurance or medical insurance, excluding children’s medical insurance) in this municipality in accordance with relevant regulations, except those who have retired in this municipality;
(4) The applicant shall meet the requirements for talent introduction and relocation stipulated by Shenzhen Municipal People’s Government.
(5) Other requirements stipulated by laws, rules, regulations or Shenzhen Municipal People’s Government.
The spouse and child (children) under the age of 18 of the applicant shall be listed as joint applicants. If his child (children) above the age of 18 is (are) listed as joint applicants, his spouse and he shall also meet the requirements stipulated in the first and second items of the preceding paragraph.
Article 12 For government-subsidized rental housing directly leased to qualified lessees by the government, the competent authority shall formulate an allotment plan and organize its implementation. The allotment plan may, on the basis of the provisions of Article 11 of these Measures, specify other application requirements in light of the specific circumstances. Specific application requirements shall be indicated in the allotment notice. For government-subsidized rental housing directly leased to qualified lessees by the district competent authority, the allotment plan shall be submitted to the municipal competent authority for filing.
Article 13 Government-subsidized rental housing directly leased to qualified lessees by the government shall be leased according to the principles of openness, fairness and justice, and through lottery, ballot or comprehensive scoring. Online or offline housing selection shall be organized according to the actual circumstances. Specific methods shall be specified in the allotment notice.
Article 14 The rent of government-subsidized rental housing directly leased to qualified lessees by the government shall be at 60% of the market rent for rental housing of the same quality in the same region during the same period.
The market rent shall be evaluated, calculated and determined by a professional institution entrusted by the municipal competent authority, and shall be timely adjusted according to market fluctuations. The municipal competent authority may, according to the change in the market rent, dynamically adjust the rent of government-subsidized rental housing.
Article 15 For government-subsidized rental housing directly leased to qualified lessees by the government, the construction area shall be mainly under 70 square meters per set. The competent authority may, according to the applicant’s family and the project, comprehensively determine the allocated area and specify it in the allotment notice.
Article 16 Government-subsidized rental housing directly leased to qualified lessees by the government shall be leased by the government in accordance with the following procedures:
(1) The allotment notice of government-subsidized rental housing shall be published on the government website or the information platform;
(2) The applicant shall submit an application and sign the declaration of integrity according to the requirements specified in the allotment notice;
(3) The competent authority shall organize the qualification review according to the rules specified in the allotment notice;
(4) The review result shall be publicized by the competent authority on the government website or the information platform for five working days. The list of qualified applicants shall be determined if there is no objection or the objection is found untenable upon the expiration of the publicity period.
(5) The competent authority shall determine the housing selection order and organize housing selection according to the rules specified in the allotment notice;
(6) After selecting a set of housing, the applicant shall go through the leasing procedures within the prescribed time limit and sign a lease contract with the property right owner or the operator.
Whoever fails to select a set of housing when it is his turn to select a set of housing or whoever has selected a set of housing but fails to sign the contract within the stipulated time limit shall be deemed to have waived his right to select a set of housing. Whoever has waived his right to select a set of housing three times in total or has terminated the contract without a justifiable reason after signing the contract shall not be able to apply for government-subsidized rental housing again within three years.
Article 17 The term of a single lease contract for government-subsidized rental housing shall not exceed three years. Families or single residents who still meet the requirements stipulated in these Measures after the expiration of the contract term may apply for renewing the lease term within three months before the expiration of the term.
Article 18 For government-subsidized rental housing leased by social entities, the operator shall lease it in accordance with market-oriented principles, complete lease contract filing or information reporting on the information platform and verify whether the lessee meets relevant requirements. The competent authority shall conduct spot checks.
Article 19 Whoever applies for government-subsidized rental housing leased by social entities shall meet the following requirements at the same time:
(1) The applicant, his spouse and child (children) under the age of 18 are not currently renting a set of housing constructed for social security in this municipality;
(2) The applicant, his spouse and child (children) under the age of 18 shall not have their private housing in Futian, Luohu or Nanshan district when the applicant applies for rental housing located in any of these three districts;
(3) The applicant, his spouse and child (children) under the age of 18 shall not have their private housing in the project area if the applicant applies for rental housing located in another district (including new districts) except Futian, Luohu or Nanshan district.
If the rental house applied for by the applicant is a dormitory of an industrial park, the applicant shall not be subject to the restrictions specified in the preceding paragraph.
Article 20 For government-subsidized rental housing leased by social entities, the rent shall not be higher than 90% of the market rent for housing of the same quality in the same region during the same period.
During the operation of government-subsidized rental housing, the operator shall determine or adjust the rent of government-subsidized rental housing leased by social entities according to the provisions of the preceding paragraph and report it to the competent authority for filing before implementation.
Article 21 The operator of government-subsidized rental housing leased by social entities shall upload all housing information on to the information platform and update such information in a timely manner. If the operator engages in housing leasing through its own or a third-party trading platform, it shall connect such platform with the information platform and provide relevant information about housing leasing in real time.
Article 22 The term of a single lease contract for government-subsidized rental housing leased by social entities shall be within the validity period of the project approval certificate for government-subsidized rental housing, and shall not exceed three years. If the lessee still meets relevant requirements after the expiration of the contract term, he may renew the lease term.
Article 23 During the period of renting government-subsidized rental housing leased by social entities, the lessee and the operator may exchange housing in accordance with the principles of equality, voluntariness and good faith.
If the rental housing is government-subsidized rental housing directly leased to qualified lessees by the government, the lessee may apply for the replacement of such housing only one time due to the change in family size.
If the lessee changes government-subsidized rental housing, he shall vacate the original rental housing within the prescribed time limit after signing the new lease contract.
Chapter IIISupervision and Administration
Article 24 Under any of the following circumstances during the period of renting government-subsidized rental housing directly leased to qualified lessees by the government, the applicant shall vacate the housing within three months from the date of the occurrence of such circumstance:
(1) The applicant has his private housing in this municipality due to purchase, donation, inheritance or change of his marital status;
(2) The applicant is enjoying other preferential policies on housing security in this municipality;
(3) Other circumstances under which the applicant shall vacate the housing.
Whoever falls into the circumstance provided for in the first item of the first paragraph of this Article may apply to the competent authority for extending the time limit for him to vacate the rental housing directly leased to qualified lessees by the government, but the time limit shall not exceed 16 months from the date of delivery of the private housing. The rent for the first four months shall be calculated according to the rent agreed in the original lease contract. The rent for the last 12 months shall be calculated according to the market rent.
For those who fail to vacate the housing within the time limit, the property right owner or the operator shall recover the housing in accordance with relevant laws and regulations, and calculate and collect housing occupancy fees during the period of overdue vacation according to the market rent.
Article 25 During the period of renting government-subsidized rental housing directly leased to qualified lessees by the government, the lessee shall not conduct any of the following acts:
(1) Not living in government-subsidized rental housing for not less than six consecutive months without a justifiable reason;
(2) Not paying the rent for two consecutive months or cumulatively not less than six months without a justifiable reason;
(3) Subleasing, exchanging or lending government-subsidized rental housing without authorization;
(4) Using government-subsidized rental housing for business purposes;
(5) Changing the function of government-subsidized rental housing without authorization;
(6) Reconstructing or extending government-subsidized rental housing without authorization;
(7) Causing serious damage to government-subsidized rental housing due to intentional or gross negligence;
(8) Other illegal acts.
For those who conduct any of the acts specified in the preceding paragraph, the property right owner or the operator may recover the housing in accordance with relevant laws or regulations, and calculate and collect housing occupancy fees during the period of overdue vacation according to market rent.
Article 26 The operator of government-subsidized rental housing shall not conduct any of the following acts:
(1) Leasing the housing at a higher rent than that specified in the allotment plan;
(2) Leasing the housing to an unqualified lessee;
(3) Changing the purpose of government-subsidized rental housing without authorization;
(4) Selling government-subsidized rental housing in any form;
(5) Other illegal circumstances.
Article 27 Real estate brokerage institutions and brokers shall not offer brokerage services for government-subsidized rental housing directly leased to qualified lessees by the government.
Article 28 For government-subsidized rental housing leased by social entities, the following acts are prohibited:
(1) The lessee purchases government-subsidized rental housing in a disguised form by renting it;
(2) The operator fails to register the lease contract or other information according to relevant regulations, fails to file the rent as required, leases the housing at a higher rate than the registered rent or leases the housing to whoever does not meet the requirements specified in Article 19 of these Measures, or the term of a single lease contract exceeds the longest term specified in these Measures.
(3) The operator sells government-subsidized rental housing in any form, or arbitrarily changes the purpose of government-subsidized rental housing;
(4) Other circumstances prescribed by laws, rules, regulations or Shenzhen Municipal People’s Government.
Chapter IV Legal Liabilities
Article 29 For whoever issues false certification materials to the applicant or the joint applicant, the competent authority shall impose a fine of 30,000 yuan on the person directly responsible and a fine of 100,000 yuan on the organization. If a state functionary is involved, he shall be investigated for his administrative liabilities according to the law.
Whoever is suspected of forging, altering or using forged or altered official documents, certificates, certification documents or seals of a state organ, people’s organization, enterprise or public institution shall be dealt with by the public security authority according to the law. If a crime is constituted, criminal responsibilities shall be investigated according to the law.
Article 30 Whoever assists the applicant in applying for and obtaining government-subsidized rental housing through fraud shall be ordered by the competent authority to make corrections within a time limit. Whoever fails to make corrections within the time limit and obtain housing by fraud shall be fined 10,000 yuan per set of housing that he has obtained. The amount of the fine shall not exceed the fine limit prescribed by laws or regulations. Any illegal gains shall be confiscated according to the law.
Article 31 If an unqualified applicant or joint applicant applies for the rental of government-subsidized rental housing by fraud such as concealing the facts, making false statements, providing false materials, or by offering bribes, the competent authority shall reject the application and not accept his application for housing security within ten years from the date of rejection.
If a qualified applicant or joint applicant conducts any of the illegal acts specified in the preceding paragraph, the competent authority shall reject the application and not accept his application for housing security within three years from the date of rejection.
If the competent authority finds that the applicant or the joint applicant has obtained government-subsidized rental housing by fraud such as concealing facts, making false statements or providing false materials, or other improper means such as offering bribes, the property right owner or the operator shall recover the housing according to relevant laws or regulations, and at the same time charge the rent according to the market rent. The competent authority shall impose a fine of 30,000 yuan and not accept his application for housing security within ten years from the date of recovering the housing.
Article 32 If the lessee of government-subsidized rental housing falls into any of the following circumstances, the competent authority shall investigate and punish him in accordance with the following provisions:
(1) Whoever conducts any of the acts specified in the third to seventh items of the first paragraph of Article 25 of these Measures shall be ordered to make corrections within a time limit. Whoever fails to make corrections within the time limit shall be fined 10,000 yuan. If the circumstances are serious, a fine of 50,000 yuan shall be imposed. Any illegal gains shall be confiscated according to the law;
(2) If the contract is terminated due to any of the acts specified in the second to seventh items of the first paragraph of Article 25 of these Measures, the competent authority shall not accept the lessee’s application for housing security within five years from the date of the termination of the lease contract.
Article 33 Whoever violates the first or second paragraph of Article 26 of these Measures shall be ordered by the competent authority to make corrections within a time limit. Whoever fails to make corrections within the time limit shall be fined 10,000 yuan per set of housing that has been actually leased in violation of relevant regulations. Whoever violates the third or fourth paragraph of Article 26 of these Measures shall be ordered by the competent authority to make corrections. Whoever fails to make corrections within the time limit shall be fined 100,000 yuan per set of housing whose purpose is changed or which is sold in violation of relevant regulations. The amount of the fine shall not exceed the fine limit prescribed by laws and regulations. Any illegal gains shall be confiscated according to the law.
Article 34 Any real estate agency or broker that violates Article 27 of these Measures shall be ordered by the competent authority to make corrections within a time limit and such act shall be recorded in the real estate brokerage credit file. A fine of 10,000 yuan shall be imposed on the broker. For the real estate agency, the online signing authority will be suspended and a fine of 30,000 yuan will be imposed.
Article 35 Whoever violates Article 21 of these Measures and fails to upload or update housing information in a timely manner shall be ordered by the competent authority to make corrections within a time limit. Whoever fails to make corrections within the time limit shall be fined 1,000 yuan per set of housing according to the number of housing whose information has not been uploaded or updated in a timely manner, but the amount of the fine shall not exceed the fine limit prescribed by laws or regulations. Whoever fails to connect its platform with the information platform or fails to provide relevant information about housing leasing in real time shall be ordered by the competent authority to make corrections within a time limit. Whoever fails to make corrections within the time limit shall be fined 200,000 yuan.
Whoever violates the first paragraph of Article 28 of these Measures shall be ordered by the competent authority to make corrections within a time limit. Whoever fails to make corrections within the time limit shall be fined 50,000 yuan and have illegal gains confiscated according to the law.
Whoever violates the second paragraph of Article 28 of these Measures shall be ordered by the competent authority to make corrections within a time limit. Whoever fails to make corrections within the time limit shall be fined not less than 1,000 yuan but not more than 10,000 yuan per set of housing in violation of relevant regulations. Whoever violates the third item of Article 28 of these Measures shall be ordered by the competent authority to make corrections within a time limit. Whoever fails to make corrections within the time limit shall be fined 50,000 yuan per set of housing in violation of relevant regulations. The amount of the fine shall not exceed the fine limit prescribed by laws or regulations. Any illegal gains shall be confiscated according to the law.
For whoever violates the second or third item of Article 28 of these Measures, if the circumstances are serious, the competent authority shall notify relevant authorities to suspend the operator from enjoying the preferential policies related to government-subsidized rental housing and order the operator to return the financial subsidies it has received.
Article 36 If the competent authority, another relevant authority or its staff member fails to perform relevant duties in violation of the provisions of these Measures, administrative liabilities shall be investigated according to the law. If a crime is constituted, criminal responsibilities shall be investigated according to the law.
Chapter V Supplementary Provisions
Article 37 The definitions of the following terms as mentioned in these Measures are:
(1) Private housing refers to all kinds of residential housing that the owners have obtained ownership certificates or actually possess but have not obtained ownership certificates, including but not limited to policy-related housing, demolition and resettlement housing, housing whose ownership belongs to the army, self-built private housing and commercial housing;
(2) Policy-related housing refers to all kinds of housing constructed on preferential policies, including quasi-cost housing, full-cost housing, full-cost housing with small profits, social housing with small profits, cooperative housing constructed with collective funds, economically affordable housing, fixed-price commercial housing, affordable commercial housing and housing with shared ownership;
(3) Preferential policies for housing security refer to relevant preferential policies on renting or purchasing housing that is constructed to safeguard housing security or receiving rental subsidies in accordance with relevant laws, regulations or normative documents on housing security.
Article 38 Not less than, not more than, within, above and not exceed as mentioned in these Measures shall include base values, while under and more than shall not.
Article 39 From the date of implementation of these Measures, relevant matters shall be implemented in accordance with the following provisions:
(1) Before the implementation of these Measures, rental housing that has been included in the pilot project for developing policy-based rental housing, rental housing for professionals that have been under construction or completed and leased, and idle housing with clear government ownership in this municipality, if relevant requirements are met, shall be regulated as government-subsidized rental housing. The supply, allocation, supervision and administration of such housing shall be subject to relevant regulations on government-subsidized rental housing directly leased to qualified lessees by the government;
(2) Before the implementation of these Measures, rental housing that has been included in the pilot project for developing the housing leasing market with financial support from the central government (except for rental housing for professionals that has been under construction, completed and leased in this municipality) and constructed by non-real estate enterprises on their private land for the pilot project for developing rental housing, dormitories or apartments for existing industrial parks that have been under construction or completed, as well as residential housing stock that has been constructed in this municipality, if relevant requirements are met, shall be regulated as government-subsidized rental housing. The leasing, operation, supervision and administration of such housing shall be subject to relevant regulations on government-subsidized rental housing leased by social entities.
Article 40 Specific rules for government-subsidized rental housing directly leased to qualified organizations by the government shall be formulated separately.
Qianhai Administration and relevant district people’s governments may, according to the actual circumstances, formulate the administration and implementation rules on the leasing of government-subsidized rental housing in key areas such as Qianhai Cooperation Zone, Hetao Shenzhen-Hong Kong Cooperation Zone, and Guangming Science City, and submit them to the municipal competent authority for filing before implementation.
Article 41 These Measures shall enter into force as of August 1, 2023.
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