On May 10, the Shanxi Provincial Department of Housing and Urban-Rural Development, the People's Bank of China (PBOC) Taiyuan Central Sub-branch, and the Shanxi Bureau of Banking and Insurance (BII) issued a notice on the issuance of the "Measures for the Supervision of Commodity Property Pre-sale Funds in Shanxi Province," which requires that the municipal Housing and Urban-Rural Development Bureaus, Real Estate Administration Bureaus, the Datong Municipal Bureau of Planning and Natural Resources, and the Department of Construction and Management of the Administrative Committee of the Shanxi Transformational Comprehensive Reform Demonstration Zone (TCRDZ), the PBOC's city center subbranches All branches of the Banking and Insurance Supervision Bureau, and all commercial banks to follow it.
Methods for Supervision of Pre-sale Funds of Commercial Properties in Shanxi Province
Chapter 1 General Principles
Article 1 In order to regulate the supervision and management of the funds for pre-sale of commodities and maintain the order of the real estate market transactions, and to protect the legitimate rights of both parties to the transactions of commodities and properties, it is necessary for the Government of the People's Republic of China to take measures to protect the legitimate rights of both parties to the transactions. To safeguard the legitimate rights and interests of both parties to the transaction of commercial real estate, according to the "Chinese People's Republic of China *** and the State of urban real estate management law," "urban real estate development and management regulations," "urban commercial real estate pre-sale management measures," "Shanxi Province, urban real estate transaction management regulations," "housing and urban and rural areas of the Ministry of Construction of the People's Bank of China, the China Banking and Insurance Regulatory Commission on the specification of the supervision of the funds of the presale of commercial real estate," and other provisions, combined with the actual situation of the Province, to formulate the measures.
Article 2 Where in the administrative region of the province approved the pre-sale of commercial real estate construction projects, the pre-sale funds received and deposited, withdrawal, use and supervision and management of these measures.
Article 3 Commodity pre-sale funds referred to in these measures, refers to the real estate development enterprises pre-sale of commodity housing, the buyer pays all the contractually agreed upon, including deposits, down payments, installments, one-time payments and bank mortgages, housing provident fund loans, etc..
Article 4 Provincial Department of Housing and Urban-Rural Development is responsible for guiding and supervising the province's capital supervision of the pre-sale of commercial real estate. Cities and counties (cities) housing and urban-rural construction or real estate management department (hereinafter referred to as "supervision department") is specifically responsible for the supervision of funds for the pre-sale of commercial real estate in the administrative region.
Branches of the People's Bank of China, in accordance with the relevant provisions of account management, is responsible for guiding commercial banks to do a good job in the management of the regulatory account; Banking and Insurance Supervision Department is responsible for the supervision and inspection of commercial banks to supervise the pre-sale funds of the operational risks and compliance.
Article 5 commercial real estate pre-sale funds supervision follow "special account special deposit, special funds for special purposes, the whole process of supervision, node control" principle.
Article 6 Supervisory departments should establish and improve the property table as an index of the management information system for the pre-sale of commodities, in conjunction with the Banking and Insurance Supervision and other departments to promote the housing net signature filing system and commercial bank business management system docking to strengthen the housing net signature filing, supervisory account funds, bank mortgage loans, and other data and information*** enjoyment.
Chapter II Supervisory Banks and Accounts
Article 7 The supervisory authority shall, in conjunction with the People's Bank of China and the Banking and Insurance Supervision Department, synthesize the commercial bank's supervisory ability, service efficiency, research and development level, business conditions and other factors, through public bidding, to identify commercial banks capable of undertaking commercial real estate presale fund Supervision of commercial banks. The regulator shall sign a financial service agreement with the winning bank for the supervision of commercial real estate pre-sale funds, establish a list of supervisory banks, and publicize the list of supervisory banks on the regulator's portal.
Supervisory department shall implement dynamic adjustment of the supervisory bank directory, in principle, two years as the cycle of assessment and evaluation of the organization, eliminating the failure to perform the duties of pre-sale fund supervision and the inability to undertake pre-sale fund supervision of the bank.
Article Eight Before applying for a pre-sale license for commercial properties, real estate development enterprises should, in accordance with the principle of "one license, one household" apply for a pre-sale license for commercial properties at the location of the project, in accordance with the principle of "one license, one household". , in the project location of the supervisory department to determine the list of regulatory banks in the selection of commercial banks to open a special account for the supervision of funds for the pre-sale of commercial real estate (hereinafter referred to as "supervisory account"), and in the "pre-sale of commodities," "contract for the sale of commodities," as set out.
Article NineArticle Supervisory department, supervisory bank, real estate developers shall sign the agreement on the supervision of pre-sale funds of commodities (hereinafter referred to as the "Supervision Agreement"). "). Regulatory agreement shall specify the rights, obligations and responsibilities of all parties, specify the pre-sale funds collected and deposited and the use of the way, the amount of supervision and liability for breach of contract and so on.
Article 10 real estate development enterprises applying for permits for the pre-sale of commodities, should be clear in the pre-sale program of pre-sale fund supervision plan, and submit the pre-sale fund supervision agreement, the main content of the agreement in the pre-sale program to be clear, and through the annexed way in the "contract of sale of commodities" to be reflected.
Pre-sale capital supervisionPlanshould include the following:
(a) the project focus on the amount of supervision, including the breakdown of the amount of focus on the supervision of single-unit projects;
(b) the project plan for the use of funds;
< p>(iii) Supervisory bank, account name and account number;(iv) Other circumstances that need to be explained.
Real estate development enterprises shall, after obtaining the pre-sale license for commercial properties, publicize the information of the supervising bank and supervising account in a prominent position in the sales place of the commercial properties as well as in the web portal of the supervisory authority.
Tenth Article Real estate development enterprises need to change the supervisory bank, supervisory account number, the scope of the account, the name of the enterprise, the name of the project, and other relevant information, shall be agreed by the regulatory department, the supervisory bank to deal with the relevant change procedures.
Chapter III Pre-sale Funds Collection, Withdrawal and Use
Tenth2Article Commercial real estate pre-sale funds should be deposited directly into the supervisory account, shall not be deposited into other accounts.
Real estate development enterprises and home buyers sign a contract for the pre-sale of commercial real estate, shall be issued to the buyer of the regulatory account payment.
The purchaser shall deposit the entire purchase price directly into the supervisory account with the payment slip. Purchasers apply for commercial bank mortgage loans and housing fund loans, the regulatory account as the only loan to the account.
Tenth Three Article the relevant departments for the record of the pre-sale contract of commercial real estate online, shall verify that the pre-sale funds have been deposited into the supervisory account of the voucher. For not in accordance with the provisions of the pre-sale funds deposited into the regulatory account, shall not be processed for the record of the pre-sale contract of commercial real estate network signing.
Tenth Fourth Article Supervision of funds are divided into key supervisory funds and non-key supervisory funds. Project location regulatory authorities may be based on the project to determine the key regulatory funds Total , but shall not be less than the construction Budget Total (including construction and installation and supporting the district) 110% of the total construction budget (including construction and installation and in-area support costs, etc.). For fully-furnished commercial housing projects, the cost of renovation shall be included in the total budget.
Priority regulatory funds are earmarked for specific purposes,must be used for the construction of the project in question, and may not be used to payanyborrowed money (loan). principal and interest, payment of land, penalties, marketing expenses and real estate development enterprise staff wages and other expenses ; in the regulatory account during the survival of commercial banks shall not be deducted without authorization; set up subsidiaries of real estate development enterprise group companies shall not be drawn.
Non-focused supervisory funds refers to funds beyond the amount of focused supervision in the supervisory account. Non-priority regulatory funds can be withdrawn by the real estate development enterprises, priority for the pre-sale project construction and repayment of loans for the project, etc..
Article 15 The amount of key regulatory funds can be dynamically adjusted according to the progress of the construction of the project's individual works:
(a) construction progress to reach the main body of work on the ground of ± 0.00 or more than one-third of the retained balance of the regulatory account shall not be less than 85% of the total amount of key regulatory funds;
(ii) the construction progress reaches above one-third of the main works on the ground before reaching two-thirds, the balance retained in the supervisory account shall not be less than 70% of the total amount of funds under key supervision;
(iii) the construction progress reaches above two-thirds of the main works on the ground before the main structure is topped out, the balance retained in the supervisory account shall not be less than 55% of the total amount of funds under key supervision;
(iv) Construction progress to reach the top of the main above-ground construction, the regulatory account retention balance shall not be less than 40% of the total amount of key regulatory funds;
(e) the project is basically completed, the real estate development enterprises to organize the construction unit and supervision unit of the tripartite acceptance, with acceptance of the information, the regulatory account retention balance shall not be less than 20% of the total amount of key regulatory funds;
(f) to obtain a project Comprehensive completion and acceptance record, the balance retained in the regulatory account shall not be less than 5% of the total amount of key regulatory funds;
(vii) completion of the first registration of real estate and meet the conditions that the purchaser can unilaterally apply for the registration of transfer of real estate, the regulatory agreement does not otherwise agree, the full amount of the remaining regulatory funds can be disbursed.
TenthSixthArticle The regulatory department may appropriately reduce or increase the amount of key regulatory funds retained in its nodes based on the dynamic assessment, credit evaluation, and assets and liabilities of the real estate development enterprise, but the reduction or increase in the amount of key regulatory funds per node shall not exceed 5%, but the reduction or increase shall not exceed 5% per node. or increase shall not exceed 5%.
Tenth Seven Article Supervisory departments may determine the nodes of key regulatory funds disbursement according to the pre-sale conditions and the progress of construction of single-unit projects in the region, but the first disbursement node shall not be earlier than the main project ± 0.00.
The Tenth Eight Article Real estate development enterprises to apply for the use of the key regulatory funds, should be in accordance with the allocation node determined by the regulatory authorities to apply for the use of funds. The following materials shall be submitted with the application:
(a) application form for the use of funds by the enterprise;
(b) certificates and video materials related to the progress of construction;
(c) statement of supervisory account;
(d) letter of authorization and copy of identity card of the entrustee;
(e) the real estate development enterprise intends to pay to the construction unit, material and equipment supply unit or water supply, electricity supply, power supply and other equipment supply unit of this project. equipment supply units or water supply, power supply, gas supply, heating and other professional business units to make payments, provide the contract and the other party's designated bank account; real estate development enterprises have been paid in advance to the above units of the relevant payments, to provide proof of payment;
(f) should provide other materials.
Article NineteenArticle After accepting the application for the use of the key regulatory funds of the real estate development enterprise, the regulatory department shall conduct the necessary on-site inspection and complete the audit within three working days, and if the conditions for use are met, issue the < "Commodity real estate pre-sale supervision funds disbursement notice" should specify the amount of funds disbursed and the direction. Real estate development enterprises in accordance with the provisions of Article 18 of these measures to provide proof of payment, the corresponding amount of funds shall be allocated to its designated bank account; provide proof of payment to be made, the corresponding amount of funds shall be allocated to the construction, supply of materials and equipment or the relevant units of the designated bank account. Article 20 Supervisory bank shall, upon receipt of the "Notice of Disbursement of Supervisory Funds for Commodity Pre-sale of Real Estate" disbursement of the corresponding amount of money within 2 working days. Article 21 When the pre-sale project there are major risks, the regulator shall take over the pre-sale supervision account or establish a government supervision account, the implementation of closed management, to ensure the safety of the account funds, and prioritize the use of the project construction; supervisory bank shall actively cooperate. Chapter IV Pre-sale Funds Supervision Release TwentyTwo Article If there is no other agreement in the supervision agreement, completion of the the first registration of the immovable property, you can apply for the release of the pre-sale fund supervision. Article 203 Where a real estate developer applies for deregulation of pre-sale funds, the regulatory authority shall complete the examination within 1 working day from the date of acceptance. For those who meet the conditions for deregulation, the regulatory department shall issue a Notice of Deregulation of Commodity Property Presale Funds, and the regulatory bank shall deregulate the funds in accordance with the Notice of Deregulation of Commodity Property Presale Funds. Twentieth Fourth Article Real estate development enterprises and home buyers between the dissolution of the contract of pre-sale of commercial real estate, should *** with the relevant departments to apply for revocation of the commercial real estate pre-sale contract online record, the relevant departments to review and approve the revocation of the regulatory department issue of the "notice of refund of funds for the pre-sale of commercial real estate". The supervisory bank will return the supervisory funds to the buyer's designated personal account for the settlement of the transaction funds and the lending bank account in accordance with the "Notice of Refund of Commodity Property Presale Funds". Chapter V Supervision and Management TwentyFiveArticle The supervisory department shall conscientiously fulfill its supervisory responsibilities, do a good job of day-to-day guidance and supervision, and establish a pre-sale project inspection system. Twenty6Article
When the people's court preserves and enforces the presale funds of commercial properties, the supervising bank shall inform the supervisory department in writing within 1 working day and strictly implement the Notice of the Supreme People's Court Ministry of Housing and Urban-Rural Development People's Bank of China on Regulating the Measures of the People's Court for Preservation and Enforcement to Ensure that the Presale Funds of Commercial Properties are Used for the Construction of the Project (Law [2022] No. 12).
TwentySevenArticle Real estate development enterprises have one of the following behaviors, the regulatory department ordered to rectify the situation within a limited period of time, and may suspend the allocation of its regulatory funds, credited to the corporate credit file, and overdue rectification may be suspended from pre-sale of commodities housing and contracts Net signature filing, resulting in serious consequences, shall be investigated for legal responsibility:
(a) failure to comply with the provisions of the pre-sale of commercial real estate funds deposited in full into the regulatory account;
(b) disguised evasion of pre-sale of commercial real estate funds supervision;
(c) failure to comply with the provisions of the use of pre-sale of commodities funds;
(d) the provision of false materials;
(E) Other violations of these measures or regulatory agreements.
Article 28 Supervisory bank without the verification of the supervisory department agreed to unauthorized disbursement of funds within the focus of the amount of supervision, it shall be responsible for the recovery of the funds; unable to recover, the corresponding liability in accordance with the law.
Article Twenty-nine Construction units, supervision units to provide false proof or to "provide tickets" and other ways to assist real estate developers in violation of the drawdown of funds. Pre-sale funds, by the relevant departments in accordance with the law on the relevant responsible units and responsible persons to be dealt with, their violations will be recorded in the enterprise credit information system, and publicized to the community.
Article ThreeTen Supervisory departments and supervisory bank staff in the supervision of pre-sale funds negligence, favoritism, abuse of power, shall be given sanctions; constitutes a crime, shall be investigated for criminal responsibility.
Chapter VI Supplementary Provisions
ThirtyArticle The cities in the region can be based on these measures, in conjunction with the actual local situation, to formulate or re-revision of the administrative region of the implementation of the measures to regulate the funds of the presale of commercial real estate.
ThirtyTwentyArticle These Measures shall come into force on June 5, 2022. and shall be valid for 5 years. After the implementation2011 "Shanxi Province Commodity Housing Pre-sale Funds Supervision Measures" (Jin Jianfang Zi 〔2011〕 No. 318) and "Shanxi Provincial Housing and Urban-Rural Development Department of the People's Bank of China Taiyuan Central Sub-branch of the China Banking Regulatory Commission Shanxi Supervisory Bureau on the Further Strengthening of Commodity Housing Pre-sale Funds Supervision Notice (Jin Jianfang Zi [2018] No. 181) are simultaneously repealed.