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Circular on Administration of Strengthening Transfer Plan of the Right to the Use of the State-owned Land (Promulgated by Ministry of Construction, effective as of 26th Dec. 2002)
Provisions on Transfer of the Right to the Use of the State-owned Land by Inviting Public Bidding (Promulgated by Ministry of State Land Resources, effective as of 9th May. 2002)
Provisions on Transfer of the Right to the Use of the State-owned Land by Agreement (Promulgated by Ministry of State Land Resources, effective as of 1st Aug. 2003)
Circular Concerning Strengthening Administration of Land Supply and Promote the Speed and Healthy Development of Real Estate Market (Promulgated by Ministry of State Land Resources, effective as of 24th Sep. 2003)
Legal Framework of Real Estate Development
The real estate development and management referred to in these Regulations means acts of infrastructure construction and housing construction carried out by real estate development enterprises on state-owned land within urban planning zones, and those of transfer of real estate development projects or sale and rental of commercial resident.
Regulatory Structure
The competent department of construction administration under the State Council shall be responsible for the work of supervision and administration of real estate development and management activities nationwide.
The competent departments of real estate development of local people’s governments at and above the county level shall be responsible for the work of supervision and administration of real estate development and management activities within their respective areas.
The departments in charge of land administration of people’s governments at and above the county level shall, in pursuance of the provisions of the relevant laws and administrative regulations, be responsible for the land administration related to real estate development and management.
The Establishment of Real Estate Development Enterprises
To establish a domestic real estate development enterprise in accordance with the relevant PRC laws and regulations should meet the following requirements:
(1) has a registered capital of over RMB 1 million Yuan; and
(2)has more than 4 full-time technical personnel with certificates of qualifications of real estate specialty and construction engineering specialty and more than 2 full-time accountants with certificates of qualifications.
Establishment of a real estate development enterprise shall, in addition to compliance with the conditions for enterprise establishment prescribed by relevant laws and administrative regulations, fulfill the forgoing conditions:
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