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Order of President of the People’s
Republic of China
No. 72
The Decision of Standing Committee of National
People's Congress on "Amendment of Law of the People's Republic of China on the
Administration of the Urban Real Estate" has been approved in the 29th meeting
of Standing Committee of the 10th National People's Congress on Aug. 30, 2007.
It is now promulgated and shall come into force from the date of release.
President of the People’s Republic of China: Hu
Jintao
Aug. 30, 2007
Decision of Standing Committee of National
People's Congress on "Amendment of Law of the People's Republic of China on the
Administration of the Urban Real Estate"
(Adopted at the 29th Meeting of Standing Committee
of the 10th National People's Congress on Aug. 30, 2007)
According to the 29th meeting of Standing Committee
of the 10th National People's Congress, the Law of the People's Republic of
China on the Administration of the Urban Real Estate is amended as following:
One article is added in Chapter I "General
Provisions" as the 6th article "For the need of public interest, the State could
requisition the houses of institutions and individuals on state-owned land and
compensate them for removal in accordance with the law so as to safeguard the
legitimate rights and interests of the requisitioned individual or institution;
for the requisition of individual house, the individual with house to be
requisitioned should be guaranteed in terms of the housing condition. The
concrete measures will be stipulated by the State Council..."
This Decision shall come into force from the date of
release.
Law of the People's Republic of China on the
Administration of the Urban Real Estate
(Adopted at the 8th Meeting of the Standing
Committee of the 8th National People's Congress on July 5, 1994 and amended in
accordance with the " Decision of Amendment of Law of the People's Republic of
China on the Administration of the Urban Real Estate" at the 29th Meeting of
Standing Committee of the 10th National People's Congress on Aug. 30, 2007)
Content
Chapter I General Provisions
Chapter II Land Used for Development of Real Estate
Section 1 Granting of the Land-use Right
Section 2 Allocation of the Land-use Right
Chapter III Development of Real Estate
Chapter IV Transaction of Real Estate
Section 1 General Conditions
Section 2 Transfer of Real Estate
Section 3 Mortgage of Real Estate
Section 4 Lease of Houses
Section 5 Intermediary Service Agencies
Chapter V Administration of Real Estate Ownership
Registration
Chapter VI Legal Liability
Chapter VII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is formulated in order to
strengthen the administration of the urban real estate, maintain the order of
real estate market, protect the legitimate rights and interests of real estate
obligees and promote the sound development of real estate business.
Article 2 Obtaining the land-use right for
development of real estate, engaging in development of real estate and
transaction of real estate, and exercising administration of real estate in the
State-owned land within a planned urban district in the People's Republic of
China (hereinafter referred to as the State-owned land) shall comply with this
Law. "Houses" as used in this Law means buildings and structures such as houses
on the land. "Development of real estate" as used in this Law means acts of
building infrastructure and houses on the State-owned land, the land-use right
for which has been obtained in accordance with this Law. "Transaction of real
estate" as used in this Law includes transfer of real estate, mortgage of real
estate and lease of houses.
Article 3 The State shall practise a compensatory
and terminable system for the use of State-owned land in accordance with the
law, however, allocation of the land-use right by the State under this Law shall
be excepted.
Article 4 The State shall, based on the social and
economic development, support the development of construction of residential
houses so as to gradually improve the housing conditions of residents.
Article 5 Obligees of real estate shall abide by the
laws, administrative rules and regulations and pay taxes according to law. The
legitimate rights and interests of the obligees of real estate shall be
protected by law and shall not be infringed by any units or individuals.
Article 6 For the need of public interest, the State
could requisition the houses of institutions and individuals on state-owned land
and compensate them for removal in accordance with the law so as to safeguard
the legitimate rights and interests of the requisitioned individual or
institution; for the requisition of individual house, the individual with house
to be requisitioned should be guaranteed in terms of the housing condition. The
concrete measures will be stipulated by the State Council.
Article 7 The department of construction
administration and the department of land administration under the State Council
shall, in accordance with the division of functions and powers prescribed by the
State Council, attend to their own duties, act in close coordination and manage
the work concerning real estate of the whole country. Institutional structures,
and functions and powers of the departments of housing administration and land
administration under the people's governments at or above the county level shall
be determined by the people's governments of provinces, autonomous regions or
municipalities directly under the Central Government.
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