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中华人民共和国城乡建设环境保护部关于外国人私有房屋管理的若干规定 PROVISIONS CONCERNING THE ADMINISTRATION OF PRIVATE HOUSES OWNED BY FOREIGNERS

2006-05-18 15:18   我要纠错 | 打印 | 收藏 | | |

(Approved by the State Council on August 2, 1984 and promulgated by the Ministry of Urban and Rural Construction and Environmental Protection on August 25, 1984)
颁布日期:19840825  实施日期:19840825  颁布单位:城建环保部

  In order to strengthen the administration of private houses owned by foreigners within the territory of China, and to protect the lawful rights and interests of their owners, the following provisions are formulated in accordance with the relevant laws and regulations:

  1. The administration of the residential houses and nonresidential houses owned by foreign individuals or by a group of foreigners jointly within the territory of China and for their own use or for renting out (hereinafter referred to as foreigners' private houses), shall comply with the provisions in the Regulations on the Administration of Private Houses in Urban Areas.

  2. The owners of foreigners' private houses must go through the registration procedures for the proprietary rights of houses at the administrative departments for real estate under the people's governments in the localities where the aforesaid houses are located (hereinafter referred to as the administrative department for real estate), and after the examination and verification, obtain a house owner's certificate; in the event that the ownership of a house is to be transferred, the present state of the houses is to be changed, or the owner's nationality has been changed, the house owner must go through the registration procedures for the transfer of the ownership, or for other changes, at the administrative department for real estate in the place where the said house is located.

  3. In going through the procedures for the registration of the ownership of foreigners' private houses, of the transfer or changes, the owners of the houses shall present certificates of nationality and occupation, as well as the following certifying papers:

  (1) with respect to newly-built, rebuilt, or expanded houses, the construction licences approved by the planning and administrative departments in the localities, and also the building blueprints;

  (2) with respect to newly-bought houses, the original certificates of title, the contracts for house transaction, and the title deeds of the houses must be submitted;

  (3) with respect to houses accepted as gifts, the original certificates of title, the deeds of gift or deeds of demised house, and the title deeds of the houses must be submitted;

  (4) with respect to houses exchanged, the certificates of title of both parties, the agreements signed by both parties, and the title deeds of the houses must be submitted;

  (5) with respect to inherited houses, the original certificates of title, certifying documents for the inheritance, and the deeds of houses must be submitted;

  (6) with respect to houses allotted from one's family properties, the original certificates of title, lists of the said allotment, and the deeds of the houses must be submitted;

  (7) with respect to houses the demolition of which, has been approved, the original certificates of title, and the permission of demolition of the houses must be submitted. If the aforesaid certifying documents are incomplete or the ownership of the houses in question is uncertain, the registration procedures shall be postponed until conditions are ripe for registration.

  4. When foreigners' private houses are rented or lent out, the relevant lease contracts and the lending documents shall be presented, for the record, to the administrative departments for real estate in the places where the said houses are located.

  5. If the owners of foreigners' private houses are unable to go through, personally, the registration procedures for the transfer of ownership or for other changes of the said houses, they may appoint agents or Chinese attorneys at law to handle the case; and the owners of the houses shall personally vest their agents or attorneys with powers of attorney.

  If the owners of foreigners' private houses are unable to manage affairs concerning their houses because of their absence from the places where their houses are located, or owing to other reasons, they may appoint agents residing in the places where the said houses are located to manage the houses for them. The owners of the houses shall personally vest their agents or attorneys with powers of attorney.

  6. The certifying documents and title deeds to be used for going through the registration procedures for the ownership of houses or for the transfer of ownership or other changes and the appointment of agents, shall be notarized. The notarial documents prepared and signed in a foreign country shall be verified and confirmed by the Ministry of Foreign Affairs of the said country, or by its authorized agencies, and by the Chinese embassies or consulates in the said countries.

  The certifying documents and title deeds to be used for going through the registration procedures for the ownership of the houses or for the transfer of ownership or for the other changes and the appointment of agents, must be the original documents. If the certifying documents and title deeds are prepared in foreign language, notarized and verified translations in the Chinese language must be attached thereto.

  7. These Provisions shall not apply to the houses owned by Chinese-foreign equity joint ventures, Chinese-foreign contractual ventures, and foreign-capital enterprises.

  8. These Provisions shall go into effect as of the date of promulgation.

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