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Harbin City Economically Affordable Housing Management Measures
Harbin Municipal People’s Government Order No. No. 183
The "Harbin City Affordable Housing Management Measures" were adopted at the 20th executive meeting of the Municipal People's Government on February 19, 2008, and are hereby promulgated and will come into effect on April 1, 2008.
Mayor Zhang Xiaolian
February 19, 2008
Harbin City’s Economically Affordable Housing Management Measures
First Chapter General Provisions
Article 1: In order to promote the implementation of the affordable housing system and ensure the basic housing needs of urban low-income families, in accordance with relevant laws, regulations and the State Council's "Several Opinions on Solving Housing Difficulties of Urban Low-income Families" "These measures are formulated based on the actual conditions of this city.
Article 2 These Measures shall apply to the implementation of the affordable housing system within the planning areas of this city.
Article 3 The affordable housing system is an integral part of the policy system to solve the housing difficulties of urban low-income families, including the construction and supply of affordable housing, monetary subsidies for affordable housing, and unit-funded cooperative housing construction.
The construction and supply of affordable housing as mentioned in these Measures means that the people's government provides policy preferences, limits the sales price and area, builds policy housing with security properties in accordance with reasonable standards, and provides it to qualified people Low-income families with housing difficulties.
The term "monetary subsidies for affordable housing" as mentioned in these Measures refers to the housing purchase subsidies provided by the people's government in the form of monetary subsidies to eligible low-income families with housing difficulties.
The term “units raising funds for cooperative housing construction” as mentioned in these Measures means that units that meet the conditions stipulated in these Measures use their own land, limit the sales price and area, build housing according to reasonable standards, and provide it to internal units that meet the conditions. low-income families with housing difficulties.
Article 4 The implementation of the affordable housing system shall follow the principles of government leadership, policy support, openness, transparency, fairness and justice.
Article 5 The municipal real estate administrative department is responsible for the implementation of the city’s affordable housing system.
The district people's government shall designate an agency to be responsible for the implementation of the affordable housing system within its jurisdiction.
Relevant administrative departments such as development and reform, urban planning, construction, land and resources, finance, pricing, civil affairs, and taxation are responsible for the implementation of the affordable housing system in accordance with their respective responsibilities.
Article 6 The annual construction and monetary subsidy plan for affordable housing shall be prepared by the municipal real estate administrative department in conjunction with the municipal development and reform, urban planning, construction, land and resources, finance and other administrative departments, and reported to the Municipal People's Government After approval, it will be included in the city's national economic and social development plan.
The annual land use plan for affordable housing shall be prepared by the municipal land and resources administrative department in conjunction with relevant administrative departments, and shall be coordinated and arranged in the annual land supply plan.
Chapter 2 Supply and Subsidy Targets
Article 7 Urban low-income families with housing difficulties who apply to purchase affordable housing or receive monetary subsidies for affordable housing must meet the following conditions:
(1) Have permanent residence in urban areas of this city (including military personnel who meet the resettlement conditions);
(2) Family income meets the low-income family standards stipulated by the Municipal People's Government;
(3) No house or the current housing area is lower than the housing difficulty standard stipulated by the Municipal People's Government;
(4) Not enjoying the welfare housing allocation or affordable housing policy;
(5) Other conditions stipulated by the Municipal People’s Government.
The family income standards and housing difficulty standards for affordable housing supply targets are determined respectively by the municipal administrative department and the municipal real estate administrative department in conjunction with relevant administrative departments based on the city's economic development and housing price levels. , after reporting to the Municipal People's Government for approval, it will be announced to the public regularly.
Article 8 Families that apply to purchase affordable housing and receive monetary subsidies for affordable housing must go through the approval procedures in accordance with the following procedures:
(1) Declaration. The household head shall apply to the sub-district office or town people's government where the household registration is located, and at the same time select and determine the application category.
(2) Preliminary review. The sub-district office or the town people's government shall conduct a preliminary review within 10 working days by organizing household surveys, file collection and evidence collection, neighborhood visits, and letter requests for certificates, etc., to verify the income and housing status of the applicant's family, and those who pass the preliminary review shall , it will be publicized for 7 days in the community where the applicant's family is located. If there is no objection or the reason for the objection is not established after the publicity period, it will be reported to the agency designated by the district people's government; if the applicant fails the initial review, the applicant will be notified in a timely manner.
(3) Approval. The agency designated by the District People's Government shall review the application status through on-site investigation within 5 working days. If the review is passed, the applicant's family status will be publicized for 7 days. If there is no objection or the reason for the objection is unfounded after the publicity period, the application will be approved and the application will be approved within 5 working days. Report to the municipal real estate administrative department for registration within three working days; if the applicant fails to pass the review, the applicant will be notified in a timely manner.
(4) Registration. The municipal real estate administrative department shall inspect the submitted materials within 3 working days. If the materials are complete and comply with the legal form, they shall be registered and issue a "Notice of Qualification for the Purchase of Economically Affordable Housing" and a "Notice of Qualification for Monetary Subsidies for Economically Affordable Housing" respectively. ", and establish relevant files; if the materials are incomplete or do not comply with the legal form, the agency designated by the District People's Government will be notified, and the agency designated by the District People's Government will notify the applicant in a timely manner.
Article 9: Families that are eligible for the purchase of affordable housing or monetary subsidies shall be determined by the local government where the affordable housing construction project is located or where the household registration of the family that is eligible for monetary subsidies for economically affordable housing is located through an organized lottery on a regular basis. Purchase of homes and monetary subsidies to homes.
The lottery process should be made public and notarized on-site by a notary agency. The purchasing households and monetary subsidy households determined by lottery can purchase affordable housing or receive monetary subsidies for economically affordable housing in accordance with the relevant provisions of these Measures.
Article 10 The designated agency of the District People’s Government shall conduct annual reviews of families that have obtained the qualifications for purchasing affordable housing or monetary subsidies. For those who no longer meet the conditions for affordable housing purchase or monetary subsidies, their qualifications for affordable housing purchase or monetary subsidies will be cancelled.
Chapter 3 Construction and Supply
Article 11 The construction of affordable housing shall follow overall planning, rational layout, and supporting construction, and fully consider the transportation needs of urban low-income families with housing difficulties. and other infrastructure conditions, and rationally arrange the location layout to facilitate residents’ work and life.
Article 12 Land for affordable housing construction shall be supplied through administrative allocation, and shall be included in the city’s annual land supply plan, and shall be listed separately when declaring annual land use quotas to ensure priority supply.
It is strictly prohibited to develop commercial housing in disguise by paying land transfer fees and other methods after obtaining allocated land in the name of affordable housing.
Article 13: For economically affordable housing construction projects, various administrative fees and government funds such as urban infrastructure supporting fees are exempted.
No unit may collect fees from affordable housing construction units in disguised form in the name of deposits, security deposits, etc.
Article 14 The construction and supply of affordable housing shall implement the preferential tax policies stipulated by the state.
Article 15 For affordable housing projects, the municipal real estate administrative department shall inspect the site and select the site together with the municipal development and reform, urban planning, construction, land resources, price and other administrative departments and the people's government of the district where it is located. Organize demonstrations, put forward opinions on the proposed project, submit to the Municipal People's Government for approval, and handle relevant approval procedures in accordance with the law.
Article 16 The construction of affordable housing can be selected by the municipal real estate administrative department in conjunction with the municipal development and reform, urban planning, construction, land and resources, pricing, finance and other relevant administrative departments through public bidding. Enterprises with corresponding qualifications and good social responsibilities, mainly large-scale state-owned construction enterprises, can implement the project; the construction can also be directly organized by the affordable housing management implementation agency determined by the Municipal People's Government.
The municipal real estate administrative department shall issue the "Economically Available Housing Project Task Letter" to the winning bidder and organize the signing of the economically affordable housing project construction contract.
The bidding for the construction of affordable housing involved in the shanty town reconstruction project shall be carried out in accordance with the relevant regulations of the municipal government on the shanty town reconstruction.
Article 17: Where economically affordable housing is constructed in a commercial housing community, the total construction area, single unit building area, number of units, and number of units of the economically affordable housing built in ancillary units shall be clarified in the project transfer conditions. Matters such as type proportions, construction standards, and handover or repurchase after completion shall be stipulated in the contract.
Article 18 The construction area of ??a single unit of economically affordable housing is controlled at about 60 square meters.
Article 19 The planning, design and construction of affordable housing shall be in accordance with the requirements for developing energy-saving, land-saving and environmentally friendly housing, strictly implement the "Residential Building Code" and other national mandatory standards for housing construction, and adopt competitive bidding. The method optimizes the planning and design scheme to achieve basic functions in a smaller package.
In the construction of affordable housing, advanced, mature, and applicable new technologies, new processes, new materials, and new equipment should be promoted and used to meet economic, energy-saving, and environmental protection requirements.
The quality management of affordable housing construction projects shall be implemented in accordance with relevant regulations.
Article 20 The sales of affordable housing shall be organized uniformly by the people's government.
Article 21 The price of affordable housing shall be determined based on the principle of maintaining capital and making a small profit. Its sales benchmark price and floating range shall be determined and announced by the municipal price administrative department in conjunction with the municipal real estate administrative department.
The profit of affordable housing projects implemented by real estate development enterprises shall not be higher than 3. The affordable housing directly organized and constructed by the Municipal People's Government can only be sold at cost without profit.
Article 22: The sales of affordable housing shall be clearly priced. The sales price shall not exceed the announced benchmark price and fluctuation range, and any unmarked fees shall not be charged in addition to the listed price. The price administrative department shall conduct supervision in accordance with the law.
Article 23 The price department shall strengthen cost supervision and review, fully understand the changes in the cost and profit of affordable housing, and ensure that the quality and price of affordable housing are consistent.
Article 24 Families determined to purchase affordable housing in accordance with the provisions of Article 8 of these Measures may purchase one set of affordable housing with the "Notice of Qualification for Purchase of Affordable Housing".
Families purchasing affordable housing can be given priority in withdrawing provident funds or issuing provident fund loans.
Article 25 Families purchasing affordable housing must register ownership in accordance with regulations. When the house registration agency handles ownership registration, it shall make corresponding records in the house registration book and house ownership certificate.
Article 26 The purchaser of affordable housing has limited property rights and can obtain full property rights after paying the equivalent of land income to the people's government in accordance with the provisions of the third paragraph of this article.
If the affordable housing has been purchased for less than 5 years, it shall not be listed for trading; if the purchaser really needs to transfer the affordable housing due to special reasons within 5 years, the people's government shall do so based on the original price and taking into account factors such as depreciation and price level. Repurchase.
After purchasing affordable housing for five years, the home buyer can transfer the affordable housing, and the government can give priority to repurchase it. At the time of sale, the land income equivalent shall be paid to the people's government in a certain proportion of the price difference between ordinary commercial housing and affordable housing in the same location at that time. The specific payment ratio shall be determined by the municipal people's government.
The provisions of paragraphs 2 and 3 of this article shall be specified in the affordable housing purchase contract.
Article 27 If a family that has purchased affordable housing purchases other housing, the original affordable housing shall be repurchased by the people's government in accordance with regulations and contracts.
Article 28 The affordable housing repurchased by the government should still be used to solve the housing difficulties of other low-income families.
Chapter 4 Monetary Subsidies
Article 29 Monetary subsidy funds for economically affordable housing shall be included in the municipal and district fiscal budgets in accordance with the prescribed proportions. If it is included in the municipal financial budget, it will be included in the land transfer fee; if it is included in the district financial budget, it will be included in the land transfer fee and other financial budget funds.
Article 30 The monetary subsidy standard for affordable housing shall be calculated and announced regularly by the municipal real estate administrative department in conjunction with relevant administrative departments based on the city’s national economic development.
Article 31 The municipal real estate administrative department shall, in conjunction with the municipal development and reform, finance, urban planning, land and resources and other administrative departments, propose the subsidy indicator allocation ratio and opinions, and submit them to the Municipal People's Government for approval. Allocate subsidy quotas to the people's governments of various districts and announce them to the public in a timely manner.
The municipal financial administrative department shall regularly allocate subsidy funds to the currency subsidy accounts of the people's governments of various districts according to the subsidy indicator allocation plan.
Article 32: For families with monetary subsidies for economically affordable housing determined in accordance with Article 7 of these Measures, the principle of purchase first and then subsidy shall be implemented. Applicant families should purchase a house within the urban planning area of ??this city within one year, and present the "Notice of Qualification for Monetary Subsidy for Economically Affordable Housing", the house ownership certificate and other relevant materials to the agency designated by the people's government of the area where the household registration is located to receive the monetary subsidy.
Article 33 After applying for a monetary subsidy house, a family must register ownership in accordance with regulations. When the house registration agency handles ownership registration, it shall make corresponding records in the house registration book and house ownership certificate.
Article 34 If a family that has received monetary subsidies for affordable housing puts the purchased house on the market or purchases other housing, the monetary subsidies shall be returned according to the original channel and used exclusively for economic purposes. Housing monetary subsidies are applicable.
Chapter 5 Units raise funds to cooperate in building houses
Article 35 Units raise funds to cooperate in building houses, which is an integral part of affordable housing. Its construction standards, preferential policies, supply objects, Price management, property rights relations, etc. shall all apply to the relevant provisions of these Measures on affordable housing.
Unit-funded cooperative housing construction should be included in the city's annual construction plan for affordable housing and land use plan management.
Article 36 Independent industrial and mining enterprises outside the built-up areas of this city and enterprises with a large number of employee families that meet the conditions stipulated in Article 7 of these Measures shall, in compliance with the overall land use planning, urban planning, and housing construction planning, Under the premise that the unit’s own land can be used to raise funds for cooperative housing construction.
Article 37 To apply for a fund-raising cooperative housing construction project, the applicant shall submit an application to the municipal real estate administrative department and provide the following materials:
(1) Application form;
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(2) State-owned land use right certificate;
(3) Detailed housing situation of unit employees;
(4) Proof of funds not less than 50% of the total construction investment ;
(5) Preliminary planning plan and implementation plan of the proposed project;
(6) Other materials specified by laws, regulations and rules.
Article 38: After receiving an application for a unit’s fund-raising cooperative housing construction project, the municipal real estate administrative department shall, in conjunction with the municipal development and reform, construction, urban planning, land resources, price and other relevant administrative departments and local administrative departments, The District People's Government will conduct an on-site inspection and form preliminary opinions. After reporting to the Municipal People's Government for approval, it will handle relevant approval procedures in accordance with the law.
Article 39: After the unit-funded cooperative housing construction project is approved by the Municipal People's Government, the municipal real estate administrative department shall issue a "Unit-funded Cooperative Housing Construction Project Task Letter".
House-building projects jointly built by units and funded by units shall not be transferred and may not generate profits.
Article 40 The sales targets of units that raise funds for cooperative housing construction shall be limited to low-income families with housing difficulties who are qualified to purchase affordable housing by the unit.
After units raise funds to jointly build houses that meet the needs of low-income families in the unit to purchase housing, if there are still remaining houses, the municipal people's government will organize them to be sold to families that meet the purchase conditions of affordable housing, or by The Municipal People's Government purchased the property at cost price and used it as low-rent housing.
Article 41 Family members who have already enjoyed welfare housing allocation, monetary subsidies for affordable housing or have purchased affordable housing or participated in unit-funded cooperative housing construction shall not participate in unit-funded cooperative housing construction again. .
It is prohibited for any unit to implement physical distribution or commercial housing development in disguise in the name of raising funds for cooperative housing construction.
Article 42: State agencies shall not organize fund-raising cooperation to build houses. No unit may requisition or purchase new land to organize fund-raising for cooperative housing construction.
Chapter 6 Legal Responsibilities
Article 43: Anyone who commits fraud or conceals family income and housing conditions to obtain qualifications for affordable housing purchase or monetary subsidies shall be prosecuted by the municipal real estate administrative department. Their qualifications will be disqualified and they will not be allowed to apply again within 5 years; for individuals who have fraudulently purchased affordable housing, whose units have raised funds to jointly build housing, or who have fraudulently obtained monetary subsidies for economically affordable housing, the Municipal People's Government shall order the relevant units to take back the housing or monetary subsidies within a time limit, and Be held accountable in accordance with the law. Those who issue false certificates will be held accountable in accordance with the law.
Article 44 If the unit sells to unqualified families within the unit or to buyers other than the unit to raise funds for cooperative housing construction, the People's Government shall order the relevant unit to take back the unit within a time limit; if it cannot be taken back, , the construction unit shall pay back the price difference between the economically affordable housing or the unit's fund-raising cooperative construction and the commercial housing in the same location, and the municipal real estate administrative department shall impose a fine of not less than 20,000 yuan but not more than 50,000 yuan on the construction unit.
Article 45 Anyone who violates the provisions of these Measures and commits any of the following acts shall be punished in accordance with the following provisions:
(1) Changing the land for affordable housing or unit-funded cooperative housing construction without authorization If it is used for other purposes, the administrative department of land and resources shall impose penalties in accordance with the law;
(2) Anyone who raises construction standards to build affordable housing without authorization shall be punished by the administrative department of urban planning in accordance with the law;
(3) Anyone who arbitrarily increases the sales price of affordable housing or houses jointly constructed by units raising funds, or commits other price violations shall be punished by the price administrative department in accordance with the law;
(4) Economically affordable housing and units raising funds If a cooperative housing project starts construction without completing planning, land, construction and other formalities, the relevant administrative departments will impose penalties in accordance with the law.
Article 46 If the staff of relevant administrative departments and management agencies commit any of the following acts, they shall be investigated and dealt with by the departments with administrative law enforcement supervision powers in accordance with the law. If a crime is constituted, criminal liability shall be pursued in accordance with the law:
(1) The qualification review of families who apply to purchase affordable housing or receive monetary subsidies for affordable housing is not strict, allowing ineligible families to illegally purchase affordable housing or receive monetary subsidies;
(2) Illegal implementation of relevant administrative licenses;
(3) Illegal or disguised charges to construction units;
(4) Illegal implementation of administrative penalties;
(5) Failure to investigate and deal with violations of these Measures in accordance with the law.
Chapter 7 Supplementary Provisions
Article 47 The county (city) government may formulate specific implementation measures based on these measures and in combination with the actual situation.
Article 48 The municipal real estate administrative department and other relevant administrative departments may formulate implementation details based on these measures.
Article 49 The construction, transaction and management of affordable housing projects approved before the implementation of these Measures shall still be implemented in accordance with the provisions of the original Measures.
Families that have obtained the qualifications for affordable housing purchase and monetary subsidies before the implementation of these measures are still valid within the validity period stipulated in the original measures. If the validity period exceeds the validity period, they should reapply in accordance with the provisions of these measures.
Article 50 These Measures shall come into effect on April 1, 2008. The Municipal People's Government issued the "Interim Measures for the Management of Economically Applicable Housing in Harbin" on December 24, 2003 and the "Interim Measures for Monetary Subsidies for the Purchase of Economically Applicable Housing in Harbin" issued on February 8, 2006 (Hazhengfafazi [2006 ]6) shall be abolished at the same time.