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中国房地产投资——外资参与的法律问题及其分析(英文)

  Pre-sale
  Pre-Sale commercial resident by a real estate development enterprise should meet the following conditions:
  (1)total amount of land use right transfer money has been paid and certificate of land use right obtained;
  (2)it holds a permit of construction project planning and a construction permit;
  (3)input of capital for development and construction reaches over 25% of the total investment in project construction on the basis of calculation of the sale in advance of commercial residentprovided, and construction progress and dates of completion of construction and delivery have been determined; and
  (4)registration for pre-sale has been completed with the obtainment of permit for sale in advance of commercial resident.
  A real estate development enterprise that applies for the registration for the pre-sale of commercial residentcommercial residentshould present the following documents:
  (1)certification materials about: : (a)total amount of land use right transfer money has been paid and certificate of land use right obtained;
  (b) it holds a permit of construction project planning and a construction permit;
  (3)input of capital for development and construction reaches over 25% of the total investment in project construction on the basis of calculation of the sale in advance of commercial residentprovided, and construction progress and dates of completion of construction and delivery have been determined;
  (2)business license and certificate of human quality grade;
  (3)the project construction contract;
  (4)floor chart of commercial residentcommercial resident for sale in advance; and
  (5)proposal for pre-sale of the commercial resident.
  The competent department of real estate development should, within 10 days starting from the date of receipt of an application for the sale in advance of commercial resident, make a reply agreeing to the sale in advance or not agreeing to the sale in advance. Where approval for the sale in advance has been granted, a license for the sale in advance of commercial resident should be issued; reasons should be explained for non-approval of the sale in advance.
   [Related Laws & Regulations]
  Interim Measures for the Administration of the Foreign-Invested Development and Management of Tracts of Land (Promulgated by Decree No. 56 of the State Council of
  the People’s Republic of China on 19th May, 1990 and effective as of the date of


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