(Effective Date  1984.01.23)
CONTENTS
CHAPTER I    GENERAL PRINCIPLES
CHAPTER II   SALE (PURCHASE) IN ADVANCE OF HOUSE PROPERTY
CHAPTER III  TRANSFER OF HOUSE PROPERTY RIGHT
CHAPTER IV   HOUSE PROPERTY MORTGAGE
CHAPTER V    HOUSE LEASING
CHAPTER VI   HOUSE PROPERTY REGISTRATION
CHAPTER VII  PENALTY CLAUSES
CHAPTER VIII SUPPLEMENTARY ARTICLES
CHAPTER I GENERAL PRINCIPLES
   Article   1.  The present regulations are formulated in line with  relevant  laws   land   decrees   of  the People’s Republic of China and  the
 “Regulations  Concerning  the  Special  Economic Zones in Guangdong  Province”,  in  order  to  strengthen   the   management
of  commodity  house   property   in the Shenzhen Special  Economic  Zone  and  protect  the  legitimate  rights  and  interests
 of  house property managers and  householders.
   Article    2.    Commodity   house   property  mentioned  in  the  present  regulations    refers    to   residential   houses,  industrial  and
  commercial  buildings,   warehouses, parking lots and other houses  built  independently  or  jointly   for   sale  or to let by
state-owned  enterprises,  foreign  nationals,  overseas  Chinese,  compatriots  from  Hongkong,   Macao  and  Taiwan  as  well
as  their   corporations   and  enterprises   (hereinafter   referred to as overseas firms)  which  have  been  approved  by  the
 People’s  Government  of  the  Shenzhen Special  Economic Zone of managing house property.
  The   term   “house   property  right”  mentioned  hereinbelow  refers  to   the  ownership   of   houses   (roofed) and the right
to the use of  land occupied by the houses.
   Article   3.   The  Shenzhen  City People’s Government encourages  overseas   firms    to    engage    in    house    property   management  (construction,
 sales  and  renting   of  houses  etc.)  in the Shenzhen  Special  Economic  Zone  independently  or   jointly   with  state-owned
 enterprises   authorized  by  the  Shenzhen City People’s  Government to  manage  house  property.  Overseas  firms  are  encouraged
 to buy house  property.
  The   Shenzhen   City   People’s  Government  will,  in  line with the  relevant  regulations   of  the  state and Guangdong province
concerning  Shenzhen  Special  Economic   Zone,   give   proferential   treatment to  foreign  citizens, overseas Chinese,  compatriots
 from  Hongkong, Macao  and  Taiwan  in  their  purchase of residential houses and villas in the  special economic zone.
   Article   4.   Partners   of   house  property joint ventures and  cooperative  enterprises   should   sign   contracts  on  the  basis  of  the
   principles  of  equality  and  mutual  benefit  and  of  reaching  unanimity through consultation.
   Article  5. If the houses are built with exclusive investment, the  house property right belongs to the investors.
  If   the   houses   are  built  through  joint  venture or cooperative  efforts,  the house  property  right  shall  be shared by
parties to the  joint ventures or cooperative enterprises.
  If   the   housing, villas and other commodity houses are purchased by  natural  persons  or  legal persons, the house property
right belongs to  the buyers.
   Article   6.   The   Shenzhen   City   People’s  Government shall  protect  the  house   property   right   of  householders  according  to  law,
  allow  them to transfer  their  house  property  right  to others  (natural  persons  or legal persons)  through  sale  (including
 advance  sale  and  purchase  and  auction),  giveaway,   exchange,   bequeathal,  inheritance    and   other   legal   acts,  and
 permit  house  property  mortgage and leasing of houses.
  Householders   have  the  right  to  renovate and repair their houses.  But  if  they   change   the   structure,  purpose and appearance
of the  houses  or expand or  rebuild  them,  they must have the approval of the  department designated by the Shenzhen City People’s
Government.
   Article  7.  The Shenzhen City People’s Government may requisition  house  property   with  reasonable  compensation and proper arrangements
 when needs in the construction of the special economic zone arise.
   Article  8. House property management, transfer of house property  right,  house   property   mortgage and house leasing shall be conducted
in  compliance  with   the   laws  of  the  People’s  Republic  of China  and  relevant  laws  and  decrees  of  Guangdong Province
concerning the  special economic zones.
The  conclusion  of contracts for the transfer of house property right,  sale  (purchase)  in  advance of house property, house property
mortgage  and house leasing shall be notarized by the Shenzhen City Public Notary.
   Article   9.  The house property Administrative Department of the  Shenzhen  City   People’s  Government shall put commodity house property  in
 the special economic  zone  under  its  unified  management  and  is  responsible for the enforcement of the present regulations.
CHAPTER II SALE (PURCHASE) IN ADVANCE OF HOUSE PROPERTY
   Article   10.   A   house  property  operator may sell in advance  houses, but under the following conditions:
  (1)   The   house  operator  has  received  the “Land Use Certificate”  and the “House Building Permit”;
 (2) House construction contracts have been signed;
  (3)   The   house  property operator has opened a special account with  the  bank  registered   in   Shenzhen  City  for collecting
the advanced  payment on his own  behalf;
  (4)   20%   of   the  total  budget for the present stage construction  has  been remitted to the bank in Shenzhen City with which
accounts have  been opened.
  Advance   sale   of   jointly  owned  house property must have written  agreements between the co-owners.
   Article   11.   House  barter  contract  shall  be  signed  before  sale  (purchase)   in  advance.  The  content  of the contract should be  decided
 by  the two  contracting parties through consultation. It must,  however, contain the following points:
  (1)  The  names  of  the  two contracting parties (or the names of the  legal persons), addresses (or location) of the legal persons;
  (2)   The  total  floor  space  covered  by  the  houses, the location  (position) of the houses and their boundary lines (with
maps attached);
 (3) The size (or proportion) and time limit of the land used;
 (4) Purpose of house property;
 (5) Price of house property;
 (6) Methods of payment for advanced sales (purchase);
 (7) The date or predicted date for commissioning house property;
 (8) Liabilities for breach of contract;
  (9)   Methods  of  settling  contract  disputes  and  the  name of the  department to accept the case; and
 (10) Other matters deemed necessary by both parties.
   Article   12.   A  house property buyer must deposit his advanced  payments  in   the  bank  with  which  the  house  property operator has  opened
special account in accordance with Article 10 (3).
   Advanced   payments   for   house  property  must  be  used  for  the  construction of the houses sold in advance.
  The   draft   of   the   advanced payments or house property shared in  common  by  several   house  operators  can be made only
with the common  endorsement or the endorsement by the agent commonly appointed by them.
   Article  13. Upon receiving the certificate for the completion of  houses,  the   house  property  operators should notify in advance house  buyers
 of  it  in  good  time  and  file  an application with the House  Property  Administrative  Department   of   the   Shenzhen City
People’s  Government  for  going through the formalities required for the transfer  of the house property right.
CHAPTER III TRANSFER OF HOUSE PROPERTY RIGHT
   Article   14.   In   buying  and  selling  house property, barter  contracts  shall   be   signed   by  parties  involved  in  pursuance of  Article
11 of the present regulations.
  In   presenting his house property as gifts to others, the householder  should  sign  with  the  gift  receiver  contracts  for
giving the house  property.
   Article  15. The buying, selling and exchange of jointly possessed  house  property   must   have   the   unanimous consent of the co-owners
supported   by  a  written   agreement.   The   co-owners   bear   joint  liability   for   the   house  property  they have unanimously
agreed to  sell or exchange.
  In   case   no  written  agreement has been reached, the co-owners may  sell or exchange their respective shares of the houses.
  If   a   co-owner   of   the   houses   sells  his  share of the house  property,  the  other   co-owners   enjoy   the   priority,
 under equal  conditions, to buy over that share.
   Article  16.  One of house co-owners may give away or bequeath his  share  of   the   house  property  to  others  without the prior consent
of the other co-owners.
  The   above  provisions  apply  to  the  inheritance  of jointly-owned  houses properly.
   Article     17.    Before   the   house   property   right   is  transferred   in  accordance   with  item  two of Article 15 and Article  16,  the
 co-owners must divide their house property and sign a contract  thereof.
CHAPTER IV HOUSE PROPERTY MORTGAGE
   Article  18.  In  applying  for  house  property mortgage loans, a  house  property   owner   must   go  through the formalities at the bank
located  in  the  Shenzhen  Special Economic Zone and have the following  prerequisites:
 (1) A contract for the sale of house property has been concluded;
  (2)  The  householder has received the “Certificate for House Property  Right.”
   Article   19.  When house property is to be mortgaged, a contract  must  be  concluded.  The  content,  which  should  be  decided  by both  sides
through consultation, must specify:
 (1) The name of the mortgagor and the name of the mortgagee;
  (2)   The  name,  floor  space,  location  (position) and the boundary  of the houses (with maps attached);
 (3) The amount of the mortgage loans and methods of payment;
 (4) The interest rate of the mortgage rate of the mortgage loans;
 (5) The time and the amount of loan repayment;
  (6)   The  liability  of  compensation  for  the  damage caused by the  mortgagor to the house property mortgaged;
 (7) Responsibility for breach of contract;
  (8)   The methods for settling disputes over the contract and the name  of the organ to accept the case; and
 (9) Other matters deemed necessary by both sides.
  The   mortgage   can   entrust   the legal Advisory Office of Shenzhen  City  with  the  signing of the contract of house property
mortgage upon  the strength of a letter of attorney.
   Article   20.  The mortgage of house property sold (purchased) in  advance should follow the following procedures:
  (1)   The   mortgagor   signs   a  house  property  mortgage  contract  with the mortgagee;
  (2)   The   mortgagor  receives  the  “Certificate  for House Property  Right”  from  the   House   Property  Administrative  Department
 of the  Shenzhen  City  People’s  Government  upon  the  strength  of  the house  property contracts.
  (3)   The   mortgagor   gives the mortgagee the “Certificate for House  Property   Right”   for  preservation  and  the  mortgagee
 should  make  payments  according  to  the  amount  specified  in  the  house property  mortgage contract.
   Article   21.   Should   the mortgagor fail to repay the mortgage  according to  the  provisions  of  the house property mortgage contract,  the
mortgagee has the right to sell the mortgaged houses by auction.
   Article   22.   Before   auctioning  the  houses,  the  mortgagee  get   the  mortgagor   notified   and   set   the  time  limit  for  the  mortgagor
 to  move out. The  time limit should not be less than 30 days  beginning from the date when the mortgagor receives the notification.
  If   the  mortgagor  fails  to move out within the set time limit, the  mortgagee  or  his  agent  may  apply  with  the  people’s
court to have  it  implemented according  to  the  provisions  of  the “Civil Procedure  Law  of  the  People’s  Republic  of  China
(for Trial Implementation)”.  The  mortgagor shall be held responsible for compensating for the losses  caused upon the mortgagee.
   Article  23.  In  renting  out  the  mortgaged  houses  to  others,  the mortgagor should get the prior approval of the mortgagee.
   Article   24.   The   auctioning   of  mortgaged  houses shall be  conducted  by  the  Materials  and  Property  Management  Corporation of  Shenzhen
 City  on  a  commissioned   basis.   The   mortgagee  and  the  Shenzhen   City  Materials  and Property  Management  Corporation
should  sign  a  contract  for  entrusting  with the auctioning of the mortgaged  house property.
   Article   25.   The   mortgagee  should  use  the  proceeds  from  auctioning for the purposes in the following order:
  (1)   To  pay  for  all  the  expenses  arising  from  the  auctioning  of the mortgaged houses;
 (2) To pay overdue taxes;
 (3) To repay the loans and interests owed by the mortgagor;
  (4)  The surplus after the above-mentioned payments are made should be  given to the mortgagor.
  If   the   proceeds   from   the auctioning is not enough to cover the  payments, the mortgagee has the right to make separate claims.
   Article   26.  Mortgage  of jointly owned house property shall be  conducted in reference to provisions of Article 15.
CHAPTER V HOUSE LEASING
   Article   27.   Contract  must  be  signed  for house leasing (or  sub-leasing)  and   the   content   of   the  contract,  which should be  decided
 by  both  parties  concerned through consultation, must contain  the following points:
   (1)    The   location   (position)   of   the  houses,  floor  space,  decorations and fittings;
 (2) The purpose of the houses;
 (3) The leasing period (fixed or unfixed);
 (4) The amount of rent and methods of payment;
 (5) Terms and liabilities for renouncing a contract ahead of schedule;
 (6) Responsibility for breach of contract; and
 (7) Other matters deemed necessary by both sides.
   Article   28.  The  period for leasing should not exceed the time  limit set for the use of the land covered by the houses.
   Article   29.   The   co-owners   must  reach  unanimity  through  consultation,   conclude    a    written   agreement  and  assume  joint  liabilities
 for  the  signing, renunciation  and  continuation  of  the  house property leasing contract and sub-leasing by the lessee.
  If  one  of  the  co-owners  leases  his  own  share of commonly-owned  house   property,    the   provisions  of  Article  17
of  the  present  regulations shall be followed.
   Article  30.  A  lessee  may  sub-lease  the house to others, with  prior consent of the house owner.
  The   time   limit   for  sub-lease  should not exceed that set in the  original lease contract.
   Article   31.   The  lessor may cancel the house leasing contract  ahead of schedule in one of the following cases:
  (1)   When   the  lessor, due to unforeseeable reasons, really has the  need to use the houses;
  (2)   When   the   lessee   has  changed  the  purpose  of  the leased  houses in violation of the contract;
  (3)   When   the  lessee fails to pay rents for three months or longer  than the time limit specified in the contract;
  (4)   When   the  lessee  violates the provisions of Article 30 of the  present regulations;
  (5)  When the lessee damages the houses or house facilities and refuse  to do repairs or make compensation;
  (6)   When  the  houses have been proved to be in danger of collapsing  due to major damages.
   Article   32.  The lessee may renounce the house property leasing  contract in one of the following cases:
  (1)   When   the  lessee  has  built  or bought houses and there is no  need to continue the leasing;
 (2) When the whole family of a lessee moves out of Shenzhen City;
  (3)   When   the   houses   are  in  danger of collapsing due to major  damages and the lessor refuses to do repairs;
   Article   33.   When   the   lessor  fails within three months to  rebuild  the  houses   it  has  recovered  in pursuance of (1) or (6) of  Article
 31  and  has  no justifiable  reasons, he should compensate the  lessee for the losses arising from the removal.
  A   lessee   should  compensate  to  the lessor for the losses when he  terminates   the    house   leasing  contract  before  the
 expiry  date  according to (1) and (2) of Article 32 of the present regulations.
   Article  34.  The  original  lessee  has the priority to lease the  house   again    after    they   have   been   recovered   and   rebuilt
according to (6) of Article 31.
   Article  35.  If without good reasons the lessor refuses to accept  rents  duly   paid   by   the   lessee   according   to  the contractual
stipulations,  the  lessee   may  ask the Notary Public of Shenzhen City  for  notarization  so as to free himself from the liability
for delaying  the payment.
  The   fees   spent   on  the  afforesaid notarization shall be stopped  from the house rents.
   Article   36.   Expenditure   for  repairing  the houses on lease  should  be  borne   by   the   lessor;  and  if any loss has been caused  deliberately
 or  by  error  on  the part of lessee, the losses shall be  borne by the lessee.
   Article   37.  When  one  of  the parties to the leasing contract  cancels  the  contract,  he  should  notify the other party one month in  advance
 for  civil  houses  on  fixed  period of leasing, two months in  advance  for civil houses on  current  lease,  and six months in
advance  for industrial and commercial buildings.
  If   the   lessee   refuses   to  move  out  within the set time limit  after  the  renunciation   of   the lease contract, the
lessor may apply  with  the  people’s  court  to have the lessee move out according to the  provisions  of  the  “Civil  Procedure
  Law of the People’s Republic of  China  (for Trial Implementation)” and  the loss caused therefrom to the  lessor shall be compensated
for by the lessee.
   Article   38.   The   leasing   of   houses  shall not hinder the  transfer of house property right.
  The  house  leasing  contract  remains effective after the transfer of  house  property  right,  and the old and new householders
should jointly  notify the lessee in writing.
  When   leased   houses   are  sold, the lessee has the priority, under  the same conditions, to buy them over.
CHAPTER VI HOUSE PROPERTY REGISTRATION
   Article  39.  Owners  or  obligees  of  commodity  house property  should  register   their   house   property   with  the  House  property  Administrative
 Department  of  Shenzhen City according to the following  provisions:
  (1)   Registration   for  affixing  house property right: householders  apply  for  the   fixing   of   house   property   right,
  receive  the  “Certificate  for  House  Property  Right”  and  go through registration  procedures;
  (2)  Registration  for  property  transfer: transfer of house property  right  should   be  registered by both parties involved,
except in cases  of  property  bequeathal  and inheritance which may be registered by the  bequeathed   or   the  inheritor  independently
 upon  the  strength  of  presentation of certificates;
  (3)   Registration  for  changes:  if the house property right changes  hands  due  to    expansion,    reconstruction,    dismantle,
  devision  or   merger,   the  householders  should  apply  for  registration  and,  if  the  changes  involve  other   persons,
  he  must  go  through  the  registration procedure together with the people involved;
  (4)   Registration   for   other   rights:   if other rights including  preference  right,  mortgage  right,  land  service right
(right-of-way)  are  involved  in  the  house  property, the registration should be done  by the obligee and the obligor.
  (5)  Registration  for  alteration:  if  the  holding “Certificate for  House  Property   Right”  has become inconsistent with reality,
or owing  to  change  in  address    and   house  number  plates  and  alterations  are   necessary,   the  householder  or  the
 obligee  should  apply for  registration.
  (6)    Registration    for   cancellation:  if,  owing  to  ravage  by  natural  calamities   or   dismantlment   of   the   houses,
  the house  property  right  has  ceased   to   exist  or other rights involved have  ceased  to be effective upon the  expiration
 of  the  contractual  time  limit,   the  householders  or  the  obligees   and   persons   involved  should   apply  for  registration
 for cancellation.
   Article    40.   House   property   registration  requires  the  presentation of the following documents:
 (1) An application form for registration;
 (2) Identification card of the applicant; and
  (3)   All  the  documents  for  acquiring,  changing  and  transfering  house property right.
  The   registration  for the house property right jointly possessed may  be  done  by   one   of   the   co-owners   who  must  have
the power of  attorney   and   other  relevant  certificates  produced  by  the  other  co-owners.
   Article  41.  House  property  may  be  registered  by  proxy who  should produce,  apart  from  the  documents  required  in  Article  40,  notarized
documents certifying the proxy.
  If   the  applicant  is  a legal person, registration may be conducted  by  its  agent,  who must submit documents certifying his
identity as an  agent of the legal person.
   Article  42.  For  householders or obligees, persons involved and  agents  who   reside   in  Hongkong,  Macao  and  Taiwan  province or in  foreign
  countries,   apart    from    having   their   house  property  registration  documents  certified  by  the  notary  public, attestation
 formalities are required in accordance with the following provisions:
  (1)   Those   living   in   Hongkong   and   Macao  should  go through  attestation  procedures  at  the  representative  office
 in Hongkong of  Shenzhen Special Economic Zone.
  (2)   Those   living   in   Taiwan   province   should  go through the  attestation  procedures    upon    the    strength   of
  identification  documents   at   the  representative  office in Hongkong of the Shenzhen  Special Economic Zone.
  (3)   Those   living   in   foreign   countries   should   go  through  attestation  procedures  at  the  Chinese  embassies  (or
consulates) in  these countries.
   Article   43.   Registration   fees  should  be  paid  for  house  property  registration.    The    rate    shall  be  determined  by  the  House
  property Administrative Department of the Shenzhen City People’s  Government.
  If   house  property  is registered by both parties, registration fees  shall be borne by the party receiving the rights.
   Article   44.  Should  the  certificate  for house property right  received by the  householder  after  registration  be destroyed or lost,  the
 householder  must    file    a  report  immediately  to  the  House  Property  Registration Department, applying for a reissue.
   Article  45.  The  obligee  shall  apply  for  registration within  three  months   after  he  obtains  the  various kinds of house property
rights.  Failing  this  within  six  months, the houses shall be left to  the  care of the House Property   Administrative   Department
  of   the  Shenzhen   City   People’s  Government.   If  no  registration  is  done  within   three  years, the house property
will  be  regarded  as  being  ownerless   and   the   House Property Administrative  Department  shall  submit the case to the judicial
organ for disposal according to law.
   Article  46.  When  the  term  for  the  use of the land occupied  by  the  commodity  house  property expires, the owner should apply with  the
  Shenzhen   City    People’s   Government   for  extension.  If  no  application  is  filed  within six  months,  the  house  (roofed)
 shall  be  disposed  of  in  reference  to  the provisions of Article 45 of the  present regulations.
CHAPTER VII PENALTY CLAUSES
   Article   47.  Any  contract  signed  in  violation  against  the  present  regulations   shall  be  invalid  and  losses arising therefrom  shall
be borne by the violator.
   Article   48.   Those   who   willfully   change  the  structure,  purpose  and  appearance   of  the  houses  or  expand or dismantle them  for
 reconstruction without  the  approval of the Shenzhen City People’s  Government  or  the  organ designated  by  it  shall,  apart
 from being  ordered  to  stop  or  restore  the original  appearance,  be  fined for  less than 5,000 yuan Renminbi according to
the seriousness of the cases.
   Article   49.   For   those   who   register   house  property by  resorting  to  deception,   assumption   of   other’s   name, forgery of  documents,
 bribery and other  unlawful means, a fine ranging from 2,000  yuan  to  5,000  yuan  Renminbi  shall   be   imposed   according
to the  seriousness  of  the cases in addition to nullifying  the  registration.  If   a  crime  is  committed in violation of the
“Criminal  Law  of  the  People’s  Republic  of  China”, criminal responsibility shall be affixed  on the person directly responsible
by the judicial organs.
   Article  50.  For  those  who fail to register the house property  in  due  time,  a  fine  from one to five yuan Renminbi shall be imposed  for
each day overdue.
  For   those   who  fail to apply for extension of the time for the use  of  land  after  the  term expires, a fine up to one per
thousand of the  land use fees shall be imposed for each day overdue.
CHAPTER VIII SUPPLEMENTARY ARTICLES
   Article   51.  When  the various legal documents pertinent to the  present  regulations   must  be  available  in  Chinese  and  a  foreign  language,
the Chinese version should be regarded as authentic.
   Article   52.  The  Regulations shall be put into effect from the  date of promulgation.