Measures for the supervision of pre-sale funds of commercial housing in Shanxi Province
Chapter I General Principles
Article 1 In order to standardize the supervision and management of the pre-sale funds of commercial housing, maintain the transaction order in the real estate market and protect the legitimate rights and interests of both parties to the transaction of commercial housing, according to the Law of People's Republic of China (PRC) Municipality on Urban Real Estate Management, the Regulations on the Management of Urban Real Estate Development and Operation and the Measures for the Management of Urban Commercial Housing Pre-sale. Regulations on the Administration of Urban Real Estate Transactions in Shanxi Province, Opinions of China Banking Regulatory Commission and the People's Bank of the Ministry of Housing and Urban-Rural Development on Regulating the Supervision of Commercial Housing Pre-sale Funds.
Article 2 Where the pre-sale of commercial housing construction projects is approved within the administrative region of this province, these Measures shall apply to the collection, extraction, use, supervision and management of pre-sale funds.
Article 3 The term "advance payment for commercial housing" as mentioned in these Measures refers to all the house payment paid by the purchaser in accordance with the contract when the real estate development enterprise advances the commercial housing, including deposit, down payment, installment payment, one-time payment, bank mortgage loan and housing provident fund loan.
Fourth Provincial Department of Housing and Urban-Rural Development is responsible for guiding and supervising the supervision of pre-sale funds of commercial housing in the province. Districts of the city and county (city) housing and urban construction or real estate management department (hereinafter referred to as the "regulatory department") is specifically responsible for the supervision of commercial housing pre-sale funds within their respective administrative areas.
The branches of the People's Bank of China shall be responsible for guiding commercial banks to do a good job in the supervision of account management in accordance with the relevant provisions of account management; The banking insurance supervision department is responsible for supervising and inspecting the operational risks and compliance of the supervision of pre-sale funds of commercial banks.
Article 5 The supervision of pre-sale funds of commercial housing follows the principle of "special account, special fund, whole process supervision and node control".
Article 6 The regulatory authorities shall establish and improve the pre-sale management information system of commercial housing with the housing list as the index, work with banks and insurance regulatory authorities to promote the connection between the online housing registration system and the business management system of commercial banks, and strengthen the sharing of data and information such as online housing registration, supervision of account funds and bank mortgage loans.
Chapter II Banking and Account Supervision
Article 7 The regulatory authorities shall, jointly with the People's Bank of China and the banking and insurance regulatory authorities, comprehensively consider the regulatory capacity, service efficiency, R&D level and operating conditions of commercial banks, and determine the commercial banks that can undertake the supervision of commercial housing pre-sale funds through public bidding. The supervision department shall sign a supervision agreement with the winning bank on the financial services of commercial housing pre-sale funds, establish a list of supervision banks, and publicize the list of supervision banks on the portal website of the supervision department.
The regulatory authorities should dynamically adjust the list of regulatory banks, and in principle, organize assessment and evaluation on a two-year cycle, and eliminate banks that fail to perform their supervisory duties and cannot undertake the supervision of pre-sale funds.
Article 8 Before applying for the pre-sale permit of commercial housing, a real estate development enterprise shall, in accordance with the principle of "one certificate and one household", select a commercial bank from the list of regulatory banks determined by the regulatory authorities where the project is located to open a special account for the supervision of pre-sale funds of commercial housing (hereinafter referred to as the "regulatory account"), and specify it in the pre-sale permit of commercial housing and the contract for the sale of commercial housing.
Article 9 The regulatory authorities, regulatory banks and real estate development enterprises shall sign a regulatory agreement on the pre-sale funds of commercial housing (hereinafter referred to as the "regulatory agreement"). The supervision agreement shall clarify the rights, obligations and responsibilities of all parties, and clarify the collection and use of pre-sale funds, the amount of supervision and the liability for breach of contract.
Article 10 When applying for the pre-sale permit of commercial housing, a real estate development enterprise shall specify the pre-sale fund supervision plan in the pre-sale plan and submit the pre-sale fund supervision agreement. The main contents of the agreement should be stated in the pre-sale plan and reflected in the commercial housing sales contract through the form of annexes.
The pre-sale fund supervision plan shall include the following contents:
(a) the key supervision quota of the project, including the details of the key supervision quota of a single project;
(2) Project plan;
(3) The name and account number of the supervisory bank;
(four) other circumstances that need to be explained.
After obtaining the pre-sale permit of commercial housing, the real estate development enterprise shall publicize the information such as the supervision bank and the supervision account in the prominent position of the commercial housing sales place and the portal website of the supervision department.
Eleventh real estate development enterprises need to change the regulatory bank, regulatory account number, account opening scope, enterprise name, project name and other related information, should be approved by the regulatory authorities, to the regulatory bank for the relevant change procedures.
Chapter III Collection, Deposit, Withdrawal and Use of Pre-sale Funds
Twelfth commercial housing pre-sale funds shall be directly deposited into the supervision account, and shall not be deposited into other accounts.
After the real estate development enterprise signs the pre-sale contract of commercial housing with the purchaser, it shall issue a supervision account payment form to the purchaser.
The buyer shall deposit all the payment directly into the supervision account against the payment slip. If the purchaser applies for mortgage loan and housing provident fund loan from a commercial bank, the supervision account is the only loan account.
Thirteenth relevant departments should check whether the pre-sale funds have been deposited in the supervision account when signing the pre-sale contract of commercial housing online for the record. If the pre-sale funds are not deposited into the supervision account as required, the online signing of the pre-sale contract of commercial housing will not be handled for the record.
Fourteenth regulatory funds are divided into key regulatory funds and non-key regulatory funds. The supervision department where the project is located can comprehensively determine the total amount of key supervision funds according to the project situation, but it shall not be less than 1 10% of the total project construction budget (including the construction, installation and supporting construction in the region). Commercial housing projects are fully renovated, and the renovation costs should be included in the total budget.
The key supervision funds shall be used for special purposes, and must be used for related engineering construction, and shall not be used to pay any loan (loan) principal and interest, land payment, fines, marketing expenses and wages of employees of real estate development enterprises; During the existence of the supervision account, commercial banks shall not deduct it without authorization; A real estate development enterprise group company that has established a subsidiary may not transfer it.
Non-key supervision funds refer to the funds in the supervision account that exceed the amount of key supervision. Non-key supervision funds can be extracted and used by real estate development enterprises, giving priority to the pre-sale project construction and loan repayment of this project.
Fifteenth key supervision funds can be dynamically adjusted according to the construction progress of a single project:
(1) If the construction progress reaches more than 0.00 and less than one third of the main project above ground, the retained balance in the supervision account shall not be less than 85% of the total amount of key supervision funds;
(2) If the construction progress reaches more than one-third but less than two-thirds of the main project on the ground, the retained balance of the supervision account shall not be less than 70% of the total amount of key supervision funds;
(three) the construction progress has reached more than two-thirds of the main structure of the ground main project, and the retained balance of the supervision account shall not be less than 55% of the total amount of key supervision funds;
(four) if the construction progress reaches the top of the ground main project, the retained balance of the supervision account shall not be less than 40% of the total amount of key supervision funds;
(five) the project is basically completed, and the real estate development enterprise organizes the tripartite acceptance of the construction unit and the supervision unit. If the information is qualified, the retained balance in the supervision account shall not be less than 20% of the total amount of key supervision funds;
(six) to obtain the comprehensive completion acceptance for the project, the retained balance of the supervision account shall not be less than 5% of the total amount of key supervision funds;
(7) If the real estate is registered for the first time and the conditions for the buyer to handle the transfer registration of real estate unilaterally are met, the remaining supervision funds can be fully allocated in the absence of other provisions in the supervision agreement.
Article 16 The supervision department may appropriately reduce or increase the amount of key supervision funds retained by its nodes according to the dynamic assessment, credit evaluation and assets and liabilities of real estate development enterprises, but the proportion of reduction or increase of each node shall not exceed 5%.
Seventeenth regulatory authorities can determine the key regulatory funds allocation node according to the pre-sale situation and the construction progress of a single project in the region, but the first allocation node shall not be earlier than 0.00 hours of the main project.
Eighteenth real estate development enterprises to apply for the use of key regulatory funds, should apply for funds in accordance with the allocation node determined by the regulatory authorities. The following materials shall be submitted when applying:
(1) An application form for enterprise funds;
(two) the relevant certification materials and video materials of the project construction progress;
(3) Supervision account statement;
(4) A copy of the power of attorney and ID card of the trustee;
(5) If the real estate development enterprise intends to make payment to the project construction unit, material and equipment supply unit or professional business units such as water supply, power supply, gas supply and heating, it shall provide the contract and the bank account designated by the other party; If the real estate development enterprise has paid the relevant funds of the above-mentioned units in advance, it shall provide proof of payment;
(6) Other materials that should be provided.
Article 19 After accepting the application for the use of key supervision funds of real estate development enterprises, the supervision department shall conduct necessary on-site investigation and complete the examination within 3 working days. If the application meets the conditions for use, it shall issue a notice on the allocation of funds for the pre-sale supervision of commercial housing; For those who do not meet the conditions of use, the regulatory authorities shall issue a notice of non-disbursement to the development enterprises, and explain the reasons in writing.
The Notice of Appropriation of Supervision Funds for the Pre-sale of Commercial Housing shall specify the amount and direction of fund appropriation. If a real estate development enterprise provides proof of payment in accordance with the provisions of Article 18 of these Measures, it shall allocate the corresponding amount of funds to its designated bank account; If the proposed payment certificate is provided, the corresponding amount of funds shall be allocated to the bank account designated by the construction, material and equipment supply or relevant units.
Article 20 A supervisory bank shall allocate corresponding funds within 2 working days after receiving the Notice on Allocation of Supervision Funds for Pre-sale of Commercial Housing.
Twenty-first pre-sale projects have significant risks, the regulatory authorities should fully take over the pre-sale supervision account or establish a government supervision account, implement closed management, ensure the safety of account funds, and give priority to project construction; Regulatory banks should actively cooperate.
Chapter IV Liberalization of Pre-sale Funds
Article 22 If there is no other agreement in the supervision agreement, you can apply for lifting the supervision of pre-sale funds after completing the first registration of real estate.
Twenty-third real estate development enterprises to apply for lifting the supervision of pre-sale funds, the regulatory authorities shall complete the examination within 0 working days from the date of acceptance. For those who meet the conditions for deregulation, the regulatory authorities will issue the Notice of Deregulation of Commercial Housing Pre-sale Funds, and the regulatory banks will deregulate the funds according to the Notice of Deregulation of Commercial Housing Pre-sale Funds.
Twenty-fourth real estate development enterprises and buyers to terminate the pre-sale contract of commercial housing, should apply to the relevant departments online for the cancellation of the pre-sale contract for the record. If the relevant departments approve the cancellation, the regulatory authorities will issue the Notice of Refund of Pre-sale Payment of Commercial Housing.
According to the Notice of Refund of Pre-sale Funds of Commercial Housing, the supervision bank will return the supervision funds to the personal account of transaction funds and the loan bank account designated by the purchaser.
Chapter V Supervision and Administration
Twenty-fifth regulatory authorities should conscientiously perform their supervisory duties, do a good job in daily guidance and supervision, and establish a pre-sale project inspection system.
Article 26 A supervisory bank shall, in strict accordance with the tripartite supervision agreement on pre-sale funds, designate a special person to be responsible for the supervision of pre-sale funds, do a good job in monitoring the supervision accounts, regularly check accounts with the regulatory authorities at the same level, and cooperate with the regulatory authorities to carry out supervision and law enforcement inspections on pre-sale funds. If it is found that a real estate development enterprise illegally misappropriates funds within the key regulatory limits, it shall immediately stop allocating funds and notify the regulatory authorities at the same level, and the regulatory authorities shall promptly deal with them.
If the people's court carries out the preservation execution of the pre-sale funds of commercial housing, the supervision bank shall inform the supervision department in writing within 1 working day, and strictly implement the Notice of the People's Bank of China and the Ministry of Housing and Urban-Rural Development of the Supreme People's Court on Standardizing the Preservation Execution Measures of the People's Court to Ensure that the pre-sale funds of commercial housing are used for project construction (2022) 12.
Twenty-seventh real estate development enterprises have one of the following acts, the regulatory authorities shall order them to make rectification within a time limit, and may suspend the allocation of their regulatory funds and record them in the enterprise credit files. If it fails to make corrections within the time limit, it may suspend the pre-sale of its commercial housing and the online signing of the contract for the record, and if serious consequences are caused, it shall be investigated for legal responsibility according to law:
(a) failing to deposit all the pre-sale funds of commercial housing into the supervision account as required;
(two) to evade the supervision of pre-sale funds of commercial housing in disguise;
(3) Failing to use the pre-sale funds of commercial housing as required;
(4) Providing false materials;
(five) other acts in violation of these measures or the regulatory agreement.
Twenty-eighth regulatory banks without the consent of the regulatory authorities, unauthorized allocation of funds within the key regulatory limits, should be responsible for the recovery of funds; If it cannot be recovered, it shall bear the corresponding liability for compensation according to law.
Article 29 Where a construction unit or a supervision unit provides false certificates or assists a real estate development enterprise to withdraw pre-sale funds in violation of regulations by means of "provider's ticket", the relevant departments shall handle the relevant responsible units and persons according to law, record their violations in the enterprise credit information system and publicize them to the public.
Thirtieth supervision departments and supervision bank staff dereliction of duty, abuse of power in the supervision of pre-sale funds, shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter VI Supplementary Provisions
Thirty-first cities divided into districts may, in accordance with these measures and in light of local conditions, formulate or revise the detailed rules for the implementation of the measures for the supervision of pre-sale funds of commercial housing within their administrative areas.
Article 32 These Measures shall come into force as of June 5, 2022, and shall be valid for 5 years. 20 1 1, Measures for the Supervision of Pre-sale Funds of Commercial Houses in Shanxi Province (J.J.F.Zi. [201] No.318) and The Regulations of China Banking Regulatory Commission, Shanxi Supervision Bureau, Taiyuan Central Branch of the People's Bank of China and Shanxi Housing and Urban-Rural Development Department on Further Strengthening