(Effective Date 1984.08.25)
In order to strengthen the administration of private houses owned by foreigners within the territory of China, and to protect the
lawful rights and interests of their owners, the following provisions are formulated in accordance with the relevant laws and regulations:
1. The administration of the residential houses and non-residential houses owned by foreign individuals or by a group of foreigners
jointly within the territory of China and for their own use or for renting out (hereinafter referred to as foreigners’ private houses),
shall comply with the provisions in the Regulations on the Administration of Private Houses in Urban Areas.
2. The owners of foreigners’ private houses must go through the registration procedures for the proprietary rights of houses at the
administrative departments for real estate under the people’s governments in the localities where the aforesaid houses are located
(hereinafter referred to as the administrative department for real estate), and after the examination and verification, obtain a
house owner’s certificate; in the event that the ownership of a house is to be transferred, the present state of the houses is to
be changed, or the owner’s nationality has been changed, the house owner must go through the registration procedures for the transfer
of the ownership, or for other changes, at the administrative department for real estate in the place where the said house is located.
3. In going through the procedures for the registration of the ownership of foreigners’ private houses, of the transfer or changes,
the owners of the houses shall present certificates of nationality and occupation, as well as the following certifying papers:
(1) With respect to newly-built, rebuilt, or expanded houses, the construction licences approved by the planning and administrative
departments in the localities, and also the building blueprints;
(2) With respect to newly-bought houses, the original certificates of post_title, the contracts for house transaction, and the post_title deeds
of the houses must be submitted;
(3) With respect to houses accepted as gifts, the original certificates of post_title, the deeds of gift or deeds of demised house, and
the post_title deeds of the houses must be submitted;
(4) With respect to houses exchanged, the certificates of post_title of both parties, the agreements signed by both parties, and the post_title
deeds of the houses must be submitted;
(5) With respect to inherited houses, the original certificates of post_title, certifying documents for the inheritance, and the deeds
of houses must be submitted;
(6) With respect to houses allotted from one’s family properties, the original certificates of post_title, lists of the said allotment,
and the deeds of the houses must be submitted;
(7) With respect to houses the demolition of which, has been approved, the original certificates of post_title, and the permission of demolition
of the houses must be submitted.
If the aforesaid certifying documents are incomplete or the ownership of the houses in question is uncertain, the registration procedures
shall be postponed until conditions are ripe for registration.
4. When foreigners’ private houses are rented or lent out, the relevant lease contracts and the lending documents shall be presented,
for the record, to the administrative departments for real estate in the places where the said houses are located.
5. If the owners of foreigners’ private houses are unable to go through, personally, the registration procedures for the transfer
of ownership or for other changes of the said houses, they may appoint agents or Chinese attorneys at law to handle the case; and
the owners of the houses shall personally vest their agents or attorneys with powers of attorney.
If the owners of foreigners’ private houses are unable to manage affairs concerning their houses because of their absence from the
places where their houses are located, or owing to other reasons, they may appoint agents resident in the places where the said houses
are located to manage the houses for them. The owners of the houses shall personally vest their agents or attorneys with powers of
attorney.
6. The certifying documents and post_title deeds to be used for going through the registration procedures for the ownership of houses
or for the transfer of ownership or other changes and the appointment of agents, shall be notarized. The notarial documents prepared
and signed in a foreign country shall be verified and confirmed by the Ministry of Foreign Affairs of the said country, or by its
authorized agencies, and by the Chinese embassies or consulates in the said countries.
The certifying documents and post_title deeds to be used for going through the registration procedures for the ownership of the houses
or for the transfer of ownership or for other changes and the appointment of agents, must be the original documents. If the certifying
documents and post_title deeds are prepared in foreign languages, notarized and verified translations in the Chinese language must be
attached thereto.
7. These Provisions shall not apply to the houses owned by Chinese-foreign equity joint ventures, Chinese-foreign contractual ventures,
and foreign-capital enterprises.
8. These Provisions shall go into effect as of the date of promulgation.
