New real estate policy by fdjerue7eeu


									New real estate policy
1, for approval based on
l 2006 年 7 11, the Ministry of Construction, Ministry of Commerce, Development
and Reform Commission, Business Administration, the People's Bank,
Foreign Exchange Authority (6 ministries) jointly issued the "on
Regulating Foreign Investment in the real estate market view"
(construction of housing [2006] 171)
l 2006 年 8 14, the Ministry of Commerce issued the "Circular of the
Ministry on the implementation of <on Regulating Foreign Investment in the
real estate market advice> Notice" (information business [2006]
No. 192)
l 2007 年 5 23, the Ministry of Commerce, the State Administration of Foreign
Exchange jointly issued the "Circular on Further Strengthening and
Regulating Foreign Direct Investment in real estate for approving and monitoring of
the notice" (Shang Zi Han [2007] 50)
2, "foreign-invested real estate enterprise" definition
Engaged in ordinary homes, apartments, villas and other types of residential, hotels
(restaurants), resorts, office buildings, convention centers, commercial facilities,
theme parks and other construction operations, or for the purpose of the project
development or tract of land development projects foreign-invested enterprises.
3, the proportion of total investment and registered capital of the special provisions
l total investment of less than 10 million U.S. dollars, the registered capital based
upon the existing regulations.
l total investment of more than 10 million U.S. dollars (including 10 million U.S.
dollars) in registered capital of not less than 50% of total investment.
※ normal project 2 / 5 (total investment of 1000-3000 million), or 1 / 3 (total
investment> 30 million U.S. dollars of the)
4, the approval certificate and business license is valid
The establishment of foreign-invested real estate enterprises, issued a one-year
"certificate of approval for foreign-invested enterprises" and
"business license." Obtain land use rights within the validity
period, issue an official approval certificate and business license. If a year without
obtaining the land use right certificate of approval, business license will make waste.
5, sites that
Real estate enterprises with foreign investment before, as long as there is office space
that you can apply for approval and registration, but now under the new rules apply
for the real estate company, must first obtain land use rights, real estate, building
ownership, or has land management, land developer / real estate building owner
signed a land-use rights or property rights transfer reservation / purchase agreement,
does not meet the above requirements shall not be approved. Under the
Municipality's instructions, issued by the department as long as the land,
"Transaction Confirmation" can be.
Foreign investors with the land department signed the "letter of intent real
estate investment", and to the harbor has enabled SAFE to open a margin
account, funds can be remitted for the purchase of land as an investment. Such as
buying land fragmentation, same route back.
6, non-return investment
?Strictly control the investment return (including the actual control of the same people)
acquisition of or investment in domestic real estate enterprises. Foreign investors may
not change the actual control of the territory of the real estate business people the way
to avoid approval of foreign investment in real estate.
7, against a fixed return
Not be any form of investment made by all parties to ensure a fixed return or any
party to the terms of a fixed return in disguised form.
8, prohibits foreign loans
Strictly prohibited foreign loans, and in the contract, the terms stated in the relevant
foreign loans without.
9, M & A Real Estate Special Provisions
Foreign investors through equity transfer and other means of the domestic real estate
enterprises, to make proper arrangements for staff, dealing with bank debt, and from
foreign-invested enterprises from the date of issuance of business license to own
funds within three months of one-time payment or on the price of entire transfer .
10, scope
l range, indicating the specific business development projects, such as "red
district general residential development." To engage in new real estate
project development and management, examination and approval department shall
apply the relevant procedures to expand the operation scale.
l "ordinary residential development and construction" is no
longer encouraged, the new directory, reduced permitted.
l restricted: the development of pieces of land (limited to joint ventures); luxury hotels,
villas, high-grade office buildings, the construction of the International Convention
Centre operation; real estate secondary market transactions (private houses for sale,
lease) and real estate brokerage firm ( real estate sales agent).
11, approving the increase in material
① Guarantee: To ensure that no outside investors, borrowers by the legal
representative of each investor signed and sealed.
② bonds: investors that funds are available as soon as possible, as soon as possible
land use right, start construction as soon as possible, signed by the Representative for
12, Ministry of Commerce
All new grant (including M & A) real estate enterprise with foreign
investment (including property companies, intermediaries) to the issuance of the
certificate of approval a working day will apply for materials, approval documents,
approval certificate of Foreign Investment Department, Ministry of Commerce to
send copies of such records. Time postmark. Sender, the recipient is:

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