Administrative Regulations on Urban Real Estate Development and Operation (Revised in 2019)
Administrative Regulations on Urban Real Estate Development and Operation (Revised in 2019)
Administrative Regulations on Urban Real Estate Development and Operation (Revised in 2019)
Order of the State Council of the People's Republic of China No. 710
March 24, 2019
(Promulgated by Order of the State Council of the People's Republic of China No. 248 on July 20, 1998; and amended for the first time according to the Decisions of the State Council on Repealing and Amending Certain Administrative Regulations on January 8, 2011; and amended for the second time according to the Decision of the State Council on Revising Certain Administrative Regulations on March 24, 2019)
Chapter I General Provisions
Article 1 For the purposes of regulating the development and operation of real estate, strengthening the supervision and administration of the development and operation of urban real estate and promoting and safeguarding the sound development of the real estate sector, these Regulations are formulated in accordance with the relevant provisions of the Law of the People's Republic of China on the Administration of the Urban Real Estate.
Article 2 The term "real estate development and operation" as used in these Regulations means acts of infrastructure construction and housing construction carried out by real estate development enterprises on state-owned land within urban planning zones, and those of transfer of real estate development projects or sale and rental of commodity houses.
Article 3 In real estate development and operation, the relevant activities shall comply with overall planning, rational layout, integrated development and matching construction and economic benefits shall be combined with social benefits and environmental benefits.
Article 4 The competent department of construction administration under the State Council shall be responsible for the work of supervision and administration of real estate development and operation activities nationwide.
The competent departments of real estate development of local people's governments at and above the county level shall be responsible for the work of supervision and administration of real estate development and operation activities within their respective areas.
The departments in charge of land administration of people's governments at and above the county level shall, in pursuance of the provisions of the relevant laws and administrative regulations, be responsible for the land administration related to real estate development and operation.
Chapter II Real Estate Development Enterprises
Article 5 Establishment of a real estate development enterprise shall, in addition to the conditions for enterprise establishment prescribed by relevant laws and administrative regulations, fulfil the following conditions:
1. The registered capital shall be over RMB 1 million Yuan; and
2. The enterprise shall have more than 4 full-time technical personnel with certificates of qualifications of real estate specialty and construction engineering specialty and more than 2 full-time accountants with certificates of qualifications.
People's governments of the provinces, autonomous regions and municipalities directly under the Central Government may, in the light of the actual conditions prevailing in their respective localities, work out provisions for the conditions of registered capital and specialized technical personnel for the establishment of a real estate development enterprise higher than those in the preceding paragraph.
Article 6 Establishment of a real estate development enterprise by foreign investment shall, in addition to the provisions of Article 5 of these Regulations, go through relevant formalities of examination and approval in pursuance of the provisions of laws and administrative regulations on foreign-invested enterprises.
Article 7 For the establishment of a real estate development enterprise, an application for registration shall be filed with the department of industry and commerce administration of the people's government at or above the county level.
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Order of the State Council of the People's Republic of China No. 710
March 24, 2019
(Promulgated by Order of the State Council of the People's Republic of China No. 248 on July 20, 1998; and amended for the first time according to the Decisions of the State Council on Repealing and Amending Certain Administrative Regulations on January 8, 2011; and amended for the second time according to the Decision of the State Council on Revising Certain Administrative Regulations on March 24, 2019)
Chapter I General Provisions
Article 1 For the purposes of regulating the development and operation of real estate, strengthening the supervision and administration of the development and operation of urban real estate and promoting and safeguarding the sound development of the real estate sector, these Regulations are formulated in accordance with the relevant provisions of the Law of the People's Republic of China on the Administration of the Urban Real Estate.
Article 2 The term "real estate development and operation" as used in these Regulations means acts of infrastructure construction and housing construction carried out by real estate development enterprises on state-owned land within urban planning zones, and those of transfer of real estate development projects or sale and rental of commodity houses.
Article 3 In real estate development and operation, the relevant activities shall comply with overall planning, rational layout, integrated development and matching construction and economic benefits shall be combined with social benefits and environmental benefits.
Article 4 The competent department of construction administration under the State Council shall be responsible for the work of supervision and administration of real estate development and operation activities nationwide.
The competent departments of real estate development of local people's governments at and above the county level shall be responsible for the work of supervision and administration of real estate development and operation activities within their respective areas.
The departments in charge of land administration of people's governments at and above the county level shall, in pursuance of the provisions of the relevant laws and administrative regulations, be responsible for the land administration related to real estate development and operation.
Chapter II Real Estate Development Enterprises
Article 5 Establishment of a real estate development enterprise shall, in addition to the conditions for enterprise establishment prescribed by relevant laws and administrative regulations, fulfil the following conditions:
1. The registered capital shall be over RMB 1 million Yuan; and
2. The enterprise shall have more than 4 full-time technical personnel with certificates of qualifications of real estate specialty and construction engineering specialty and more than 2 full-time accountants with certificates of qualifications.
People's governments of the provinces, autonomous regions and municipalities directly under the Central Government may, in the light of the actual conditions prevailing in their respective localities, work out provisions for the conditions of registered capital and specialized technical personnel for the establishment of a real estate development enterprise higher than those in the preceding paragraph.
Article 6 Establishment of a real estate development enterprise by foreign investment shall, in addition to the provisions of Article 5 of these Regulations, go through relevant formalities of examination and approval in pursuance of the provisions of laws and administrative regulations on foreign-invested enterprises.
Article 7 For the establishment of a real estate development enterprise, an application for registration shall be filed with the department of industry and commerce administration of the people's government at or above the county level.
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