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深圳市出租屋管理若干规定 Rules of Shenzhen Municipality on the Administration of Leasing Houses

2006-05-12 20:02   我要纠错 | 打印 | 收藏 | | |

颁布日期:20041210  实施日期:20050101  颁布单位:深圳市人民政府

  Rules of Shenzhen Municipality on the Administration of Leasing Houses

  (Promulgated by Decree No.63 of Shenzhen Municipal People‘s Government on August 6, 1997, as revised by Decree No.118 of Shenzhen Municipal People’s Government on July 23, 2002, and revised by Decree No.139 of Shenzhen Municipal People‘s Government on December 10, 2004)

  Article 1 In order to strengthen the administration of leasing houses in Shenzhen Municipality (hereinafter referred to as the municipality), safeguard the healthy development of the market of house tenancy and maintain the public order of society, these rules are formulated according to relevant laws and regulations.

  Article 2 The leasing houses mentioned in these rules include the leasing houses for residence, industry, commerce or other use.

  Article 3 The administrative departments of house tenancy of the municipal and district people‘s governments are the administrative competent departments of house tenancy. The administrative department of house tenancy of the municipal government shall carry out uniform administration to the market of house tenancy according to law.

  The municipal and district comprehensive administrative agencies of house tenancy shall be in charge of the comprehensive coordination, direction, inspection and supervision of the administration to leasing houses.

  The municipal and district departments of public security shall be in charge of the administration of public security and fire prevention to leasing houses, and the household registration of the temporary residents in leasing houses.

  The municipal and district departments of tax, industry and commerce, family planning,culture, health, quality and technology supervision, production safety supervision and administration, and city appearance shall carry out the administration of leasing houses within their respective powers and duties.

  Article 4 The people‘s governments at all levels shall strengthen the leadership and coordination to the administration of leasing houses.

  Article 5 In need, the district people‘s government shall organize the district administrative departments of house tenancy, public security, family planning, tax and other functional departments jointly to carry out centralized settlement of the registration or putting on record of house-leasing contract, the registration of resident’s information, the registration of household, the administration of birth control and the collection of tax and fee.

  Measures in detail for the joint work shall be enacted by the district people‘s government, and the outlay of joint work shall be approved and appropriated by the district finance.

  Article 6 The system of signing the “Promise of Taking comprehensive administration of Leasing House in Charge” and the “Promise of Birth Control” shall be carried out in the administration of leasing houses for residence.

  Article 7 The parties of house-leasing shall apply for the registration or putting on record of lease contract within 10 days upon its conclusion to the administrative department of house tenancy. In case the lease contract is altered or cancelled, relevant parties shall submit relevant certificates to the administrative department of house tenancy within 10 days upon the alteration or cancellation, and conduct relevant formalities of registration or putting on record.

  When conducting the registration or putting on record of lease contract (for residence), the administrative department of house tenancy shall check the “Promise of Birth Control” signed by the lessor with the department of family planning, where the leasing house locates. If the lessee is a temporary resident, he shall submit his effective identity certificate and relevant birth control certificate verified by the said department of family planning. If there is no “Promise of Birth Control” or unverified relevant birth control certificate, the administrative department of house tenancy shall register and report the situation to the local department of family planning in time.

  The comprehensive administrative agency of house tenancy shall accomplish the collection, statistics and feedback of residents‘ information.

  Article 8 After the administrative department of house tenancy examines the leasing contract according to law, it shall issue the documentation of registration or putting on record of house-leasing, which is an effective certificate for relevant department to conduct related formalities.

  Article 9 The municipal administrative department of house tenancy shall publicize the guiding rental of house tenancy once a year, and may publicize the guiding rental once half a year according to the needs of market fluctuations.

  Article 10 It is strictly prohibited to rent out any one of the following houses:

  (1) The house that is determined as dangerous for use by relevant competent department;

  (2) The house, which is involved in a promulgated demolition announcement;

  (3) The house without any certification of right.

  (4) The houses, which are prohibited to be rented out by laws or regulations.

  If the house listed in the preceding paragraph is rented out, the relevant competent department shall clear up and demolish it in time according to law. If there is person living in the house, relevant governmental department, where the house locates, shall clear it up according to law. If there is an illegal lease, the administrative department of house tenancy shall confiscate the lessor‘s illegal gains according to law, and impose him a fine of not more than one time of his illegal gains.

  Article 11 The lessor shall perform the following obligations:

  (1) Observing relevant laws, regulations and rules;

  (2) Equipping the leasing house for residence with basic conditions of living and safety;

  (3) Refusing to rent out the house to any person without effective identity document or civil capacity;

  (4) Reporting the basic conditions of lessee or other residents to the comprehensive administrative agency of house tenancy, where the house locates, on the day when they move in, submitting the information form of residents to it within 3 days, and reporting the change of resident to it in time.

  (5) Reporting the hidden danger of public security of the leasing house upon discovery to the public security organization in time, and assisting it to investigate and prosecute;

  (6) Reporting to the public security organization or relevant functional department in time when discovering the lessee or other resident commits illegal acts or is a criminal suspect;

  (7) Assisting relevant governmental departments in administrating leasing houses, and going to the administrative department of house tenancy for putting on record if he entrusts others to assist.

  Article 12 The lessee shall observe the following provisions:

  (1) Stating the actual number of residents, presenting the effective identity certificates of his and other residents, and filling in the information form of resident according to the facts when he rents a leasing house for residence.

  (2) Registering the alteration of resident‘s information on the day when the other residents change;

  (3) Applying for temporary registered residence within 3 days upon moving in and applying for the certificate of temporary residence according to relevant provisions to the pubic security organization, where the leasing house locates, and refusing to accommodate any person without effective identity certificate;

  (4) Being forbidden to arbitrarily change the use of the leasing house, and observing relevant regulations when he uses the leasing house to carry out the operation of hotel, food and beverage, entertainment or internet bar;

  (5) Being forbidden to use the leasing house to commit illegal or criminal acts, such as gambling, taking or trafficking in drugs, being prostitute or visiting prostitute, producing and selling obscene article, forging certificate, printing illegal publication, manufacturing or selling fake and interior commodity, harboring criminal, concealing or disposing plunder;

  (6) Being forbidden to use the leasing house to commit illegal acts, such as multiple level marketing or multiple level marketing in disguised way, running business without license, running a clinique without permit, undertaking medical treatment illegally or recalling renewable resource illegally;

  (7) Being forbidden to use the leasing house to commit fraud in job introduction, marriage brokerage, training or real estate brokerage without permit;

  (8) Being forbidden to use the leasing house for residence to produce, store or operate the combustible, explosive, poisonous, radioactive or other danger substance;

  (9) Reporting to the public security organization in time when discovering any illegal act or criminal suspect in the leasing house;

  (10) Assisting relevant governmental departments to administrate leasing houses.

  Article 13 The working person of the administrative department of house tenancy has the right to examine whether the lease accords with the relevant provisions of the Regulations of Shenzhen Special Economic Zone on House Tenancy and these rules or not, and may ask the public security organization for assistance, if it is necessary.

  The comprehensive administrative agency of house tenancy shall inform the public security organization in time, if it finds out in comprehensive administration that the lessee fails to apply for household registration, or uses the leasing house to commit illegal or criminal activity; shall inform the administrative department of industry and commerce in time, if it finds out any operation without license; shall inform the administrative department of public security and fire prevention and production safety administration in time, if the regulations on public security, fire prevention or production safety administration are violated; shall inform the administrative department of family planning if the administrative regulations on birth control are violated; shall inform the administrative department of industry and commerce or the administrative department of quality and technology supervision in time, if there is the production or sale of fake or inferior commodity; and shall inform relevant departments for handling, if it finds other illegal acts committed in the leasing house.

  Article 14 When the public security organization conducts household registration or issues certificate of temporary residence, it shall require the applicant to provide legal and effective certification of residence. If the applicant uses leasing house as his residence, he shall provide the lease contract registered by the district administrative department of house tenancy.

  The public security organization shall strengthen the administration to the public security and fire prevention of leasing houses, investigate the criminal and public security cases in time, supervise the lessor and lessee to put the responsibility system of fire prevention and safety system of fire prevention into effect.

  If the public security organization finds out that the lease contract is not registered or put on record, it shall inform the administrative department of house tenancy in time. If the public security organization finds out that the administrative regulations of birth control are violated, it shall inform the administrative department of family planning in time.

  Article 15 While conducting industrial and commercial registration, the administrative department of industry and commerce shall require the industrial and commercial enterprise, individual businessman, partnership or other economic organization to provide the lease contract, which is registered or put on record by the administrative department of house tenancy, if it uses the leasing houses as business place.

  If the lease contract is not registered or put on record by the administrative department of house tenancy, the administrative department of industry and commerce shall inform the administrative department of house tenancy, and refuse to conduct the industrial and commercial registration or annual examination.

  Article 16 If the obligee of house contracts the house to other person for operation or put the house in operation in the name of cooperation or partnership while not directly participates in operation, the house shall be administrated according to the Regulations of Shenzhen Special Economic Zone on House Tenancy and these rules.

  The following acts of lease in disguised way shall be administrated as lease according to the Regulations of Shenzhen Special Economic Zone on House Tenancy and these rules:

  1. The house‘s obligee contracts the house to other person for operation;

  2. The house‘s obligee obtains profits in the name of cooperation or joint adventure, while neither participating in operation directly nor undertaking operation risks;

  3. The house‘s obligee provides the house to person, other than linear relatives for free use.

  Article 17 If the leasing house for industry and commerce has dormitory for staff, the leased out dormitory shall be under administration as leasing house for residence, and the lessee shall go through relevant formalities.

  Article 18 If the house owner leases the house, he shall apply for tax registration to the local tax organ, where the house locates.

  The house‘s lessor shall declare tax payment to the local department of tax within 10 days upon the conclusion of lease contract with the lessee.

  When the administrative department of house tenancy is entrusted by the department of tax to collect relevant taxes of house tenancy, it shall inform the department of tax in time upon discovering, if it finds out the tax evasion or revolt.

  Article 19 The department of family planning shall investigate and deal with lessee‘s malfeasance of violating the regulations on birth control.

  The reality management company, cooperative equity enterprise and urban residents‘ committee shall assist relevant governmental departments to administer leasing house.

  If the real estate intermediary organization is entrusted to go through the formalities of registration or putting on record of house-leasing contract, it shall undertake the lessor‘s duties and perform his obligations, and go through the formalities according to relevant provisions of the Regulations of Shenzhen Special Economic Zone on Lease of Houses and these rules.

  The real estate intermediary organization shall operate according to law, not sidestep or assist the parties of tenancy to sidestep administration, not intentionally conceal important facts concerning the conclusion of contract or provide false information to impair the interests of the parties of tenancy, not publicize false information or cheat or trap the parties of tenancy by other means, and not enforce the parties to rent house.

  Article 32 Any lessor, who violates these rules, shall be punished according to the following provisions:

  (1) The lessor shall be ordered to rectify, be imposed a fine of twenty percent of the total rental in the tenancy period, and be demanded to pay the administration fee of house tenancy and overdue fee by the administrative department of house tenancy, if he violates the provisions of the first paragraph of Article 7.

  (2) The lessor shall be imposed a fine of 200 yuan by the public security organization, if he violates the provisions of the third item of Article 11.

  (3) The lessor shall be imposed a fine of one time of the monthly rental by the administrative department of house tenancy, if he violates the provisions of the fourth item of Article 11, failing to report the basic conditions of residents in time or submit the information form of residents in time. Any one, whose illegal act in leasing house constitutes a crime, shall be investigated for criminal responsibilities according to law.

  Article 23 Any lessee, who violates the provisions of these rules, shall be punished according to the following provisions:

  (1) The lessee shall be imposed a fine of one time of the monthly rental by the administrative department of house tenancy, if he violates the provisions of the first or second item of Article 12, failing to filing in the information according to the facts or alter the information in time. Any one, whose illegal act in leasing house constitutes a crime, shall be investigated for criminal responsibilities according to law.

  (2) The lessee shall be dealt with by the public security organization according to relevant provisions, if he violates the provisions of the third item of Article 12.

  (3) The lessee shall be punished by relevant governmental department according to law, if he violates the provisions of the fourth, fifth, sixth, seventh or eighth item of Article 12. If the malfeasance constitutes a crime, the lessee shall be investigated for criminal responsibilities.

  Article 24 Any lessor,who doesn‘t report to the department of public security upon finding out that the lessee uses the leasing house to conduct illegal or criminal activity shall be punished by the department of public security according to law.

  Article 25 If the leasing house‘s owner, entrusted manager or the lessee refuses, evades or resists the legal inspection or administration conducted by the administrative department of house tenancy, department of public security or department of tax, relevant administrative department shall adopt necessary compulsory measures and apply to the people’s court for coercive execution according to law. The department of public security may punish the party concerned for violation of public security according to law. If the circumstance is serious and the act of the party concerned constitutes the crime of disrupting public service or other crime, he shall be investigated for criminal responsibility.

  Article 26 The state functionary or person engaging in official business instate-owned company, enterprise or public institution, who leases house but fails to go through relevant formalities of house tenancy administration, shall be given an administrative disciplinary sanction by the supervisory department.

  Article 27 Any reality management company, cooperative equity enterprise or other economic organization, which intentionally obstructs or hinders the comprehensive administration of leasing houses, shall be punished by relevant departments according to relevant regulations.

  Article 28 Any intermediary organization of house tenancy, which violates the provisions of Article 21 of these rules, may be ordered to make correction by the administrative departments of house tenancy. If the circumstance is serious, a fine of not more than 10,000 yuan may be imposed.

  Article 29 When relevant governmental department collects a fine, it shall issue the fine receipt uniformly printed by the department of finance.

  Article 30 If a party is not satisfied with the penalty decision made by relevant governmental department, he may apply for administrative review or file a administrative lawsuit to the people‘s court according to law. If the party fails to apply for administrative review or file a administrative lawsuit, and refuses to implement the penalty decision, the department making the penalty decision shall apply to the people’s court for coercive enforcement according to law.

  Article 31 The working staff of the administrative department of house tenancy, department of public security or department of tax, who doesn‘t perform his administrative function and duty positively or assist other administrative department to carry out administration according to the provisions of these rules, shall be given administrative disciplinary sanction by the unit that he belongs to. If his act constitutes a crime, he shall be investigated for criminal responsibility.

  Article 32 These rules shall go into effect as of the date of promulgation.

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