Provinces, autonomous regions, municipalities directly under the Central Government and Xinjiang Production and Construction Corps Housing and Urban-Rural Construction Department (committee, management committee, bureau), Development and Reform Commission, Public Security Department (bureau), Natural Resources Department, Market Supervision Bureau (department, committee), Banking Insurance Regulatory Bureau, Internet Information Office, State Taxation Bureau of all provinces, autonomous regions, municipalities directly under the Central Government and cities specifically designated in the state plan, and Commissioner's office of the State Taxation Bureau:
Standardizing the order of the real estate market is an important measure to promote the stable and healthy development of the real estate market, which is related to the vital interests of the people and the overall situation of economic and social development. In 20 19, six departments, including the Ministry of Housing and Urban-Rural Development, jointly carried out the special rectification of housing rental institutions, and achieved remarkable results. However, violations of laws and regulations still occur from time to time in the real estate field, and there are still many weak links in rectifying and standardizing the order of the real estate market. In order to thoroughly implement the decision-making arrangements of the CPC Central Committee and the State Council on promoting the stable and healthy development of the real estate market, focus on the difficulties and pain points strongly reflected by the people, intensify the rectification of the real estate market order, and earnestly safeguard the legitimate rights and interests of the people, the Ministry of Housing and Urban-Rural Development, the National Development and Reform Commission, the Ministry of Public Security, the Ministry of Natural Resources, State Taxation Administration of The People's Republic of China, the General Administration of Market Supervision, the China Banking Regulatory Commission, and the National Network Information Office decided to continue to rectify and standardize the real estate market order (hereinafter referred to as the rectification work). The relevant matters are hereby notified as follows.
I. General requirements
(1) guiding ideology. Always adhere to the people-centered development thought, adhere to the positioning that houses are used for living, not for speculation, further improve the political position, strengthen the "four consciousnesses", strengthen the "four self-confidences", achieve "two maintenance", closely focus on stabilizing land prices, housing prices and expectations, make full use of the thinking and methods of the rule of law, make scientific planning and careful organization, strengthen market supervision, purify the market environment and improve government services.
(2) Basic principles
-Persist in focusing on problems and focusing on rectification. Problem-oriented, focusing on rectifying outstanding problems in real estate development, housing sales, housing leasing, property services and other fields that are strongly reflected by the people and highly concerned by the society.
-Adhere to mass participation and open the door for rectification. Taking safeguarding the vital interests of the masses as the starting point and the end result, we will fully mobilize the enthusiasm of the masses for extensive participation, regularly announce the phased results of rectification work, and continuously improve the satisfaction of the masses.
-Adhere to * * * management and comprehensive improvement. Give full play to departmental functions, strengthen coordination, integrate resources, establish departmental linkage mechanism, and improve the comprehensive improvement ability of real estate market order.
-Adhere to treating both the symptoms and root causes and long-term rectification. The comprehensive use of legal, economic, administrative and information means not only solves the outstanding problems existing in the current real estate market, but also pays attention to improving the system and mechanism to standardize the order of the real estate market from the source.
(3) Main objectives. Strive to use about three years to achieve a significant improvement in the order of the real estate market. Illegal activities have been effectively curbed, the supervision system has been continuously improved, the supervision information system has been basically established, the work pattern of various departments has gradually taken shape, and the number of complaints from the masses has dropped significantly.
Second, due to the city's policy, highlight the key points of rectification
(1) Real estate development. Real estate development enterprises start construction in violation of laws and regulations; Not according to the construction drawing design documents development and construction; Failing to deliver the house on schedule as agreed in the house sales contract; The quality problems such as leakage, cracking and hollowing of houses are outstanding; Failing to build supporting facilities in accordance with the standards for the construction of supporting residential quarters.
(2) buying and selling houses. Publish false and illegal real estate advertisements and publish false housing information; Hoarding property and housing; Misappropriation of transaction supervision funds; Handle or assist in handling non-personal housing loans such as "commercial loans" and "consumer loans" for purchasing houses; Assist property buyers to illegally evade taxes and fees on house transactions; Illegal collection of advance payment, "tea fee" and other fees, disguised price increases; Infringe on consumers' rights and interests by using unfair format clauses; Bundled sales between parking spaces and storage rooms; Fabricating and spreading false information, disrupting market order.
(3) Housing lease. Failing to submit the opening report for operation; Failing to submit the relevant lease information truthfully and completely as required; The network information platform fails to fulfill the responsibility of verifying the qualification of the information publishing subject; Deduct the rent deposit; Forced eviction of tenants by violence, threats, etc.; Carry out housing rental consumer loan business in violation of regulations; There are high-risk business behaviors such as "AG low output" and "long income and short payment"; Failing to handle the rent supervision as required.
(4) Property services. Failing to provide services in accordance with the contents and standards stipulated in the property service contract; Failing to publicize the relevant information such as the standard of property service fees, the operating income of some owners and the use of maintenance funds; Charging fees beyond the standard of charging items agreed in the contract or publicized; Unauthorized use of some owners * * * to carry out business activities, embezzlement and misappropriation of some owners * * * operating income; Refusing to withdraw from the realty service project without justifiable reasons after the realty service contract is dissolved or terminated according to law.
Third, effectively carry out rectification work according to law.
(1) comprehensively investigate clues. Municipalities should conduct a comprehensive investigation on real estate development, house sales, house leasing, property services and other fields, make full use of the media, 12345 hotline, e-mail, portal websites, and combine "double random and one open" spot checks and special inspections to collect clues through multiple channels, analyze and judge one by one, and form a list of remediation problems.
(two) the establishment of rectification work ledger. Municipalities should classify and file the list of remediation problems, establish work ledgers, clarify responsible departments, formulate remediation measures, and determine the time limit for rectification. Establish transfer and supervision mechanism and implement sales management. Cases reported by real names should be carefully verified, handled one by one and given timely feedback.
(3) Give play to the synergy of departments. The housing and urban-rural construction department is responsible for taking the lead in organizing the implementation of the rectification work, formulating the implementation plan, conducting thorough investigation, handing over the problem clues, summarizing the processing results, and summarizing the information, and jointly with relevant departments to investigate and deal with illegal acts in the real estate field according to their duties. The development and reform department is responsible for coordinating and summarizing illegal information in the real estate field, including it in the national credit information sharing platform, and promoting all departments to jointly punish relevant enterprises and employees for dishonesty according to laws and regulations. The public security department is responsible for investigating suspected contract fraud, illegal fund-raising and other criminal acts in the real estate field. The natural resources department is responsible for investigating and dealing with problems such as starting work without obtaining land according to law. The tax department is responsible for investigating and dealing with illegal evasion of taxes and fees on housing transactions. The market supervision department is responsible for investigating and dealing with false and illegal real estate advertisements, illegal prices, and using unfair format clauses to infringe on consumers' rights and interests. The financial supervision department is responsible for investigating the illegal flow of credit funds into the real estate market. The network information department is responsible for investigating and dealing with issues such as publishing false real estate information through the network.
(4) Continue to increase penalties. All localities should, according to the actual situation, innovate ideas, take multiple measures simultaneously, and carry out rectification according to the law and regulations. For illegal real estate development enterprises, intermediaries, housing leasing enterprises, property service enterprises, financial institutions, online media and employees within their respective administrative areas, measures such as warning interviews, suspension of business for rectification, revocation of business licenses and qualification certificates shall be taken according to laws and regulations, and public exposure shall be made; Anyone suspected of committing a crime shall be transferred to the public security and judicial departments for investigation and punishment according to law. For enterprises with major operational risks, such as overdue debt repayment, large-scale delay in delivery of houses, and more negative public opinions, we will implement key supervision to improve our ability to prevent and resolve risks.
Fourth, establish an institutionalized and normalized remediation mechanism.
(1) Strengthen organizational leadership. Give full play to the vertical linkage of ministries, provinces and cities and the horizontal coordination of departments. The Ministry of Housing and Urban-Rural Development, together with the National Development and Reform Commission, the Ministry of Public Security, the Ministry of Natural Resources, the State Administration of Taxation, the General Administration of Market Supervision, the China Banking Regulatory Commission, the National Network Information Office and other departments, promoted the rectification work by strengthening information sharing, joint investigation and joint efforts. Provincial housing and urban-rural construction departments shall, jointly with relevant departments, guide and supervise the rectification work of cities. Municipalities should carefully formulate remediation plans, increase remediation projects in response to outstanding local problems, mobilize and deploy in time, investigate and deal with illegal acts according to laws and regulations, urge the implementation of rectification, improve relevant systems, and establish a long-term management mechanism.
(2) Strengthen supervision, evaluation and examination. Provincial Housing and Urban-Rural Development Department submits work progress, typical cases and experiences to the Ministry of Housing and Urban-Rural Development every quarter. The Ministry of Housing and Urban-Rural Development reports the progress of local work every six months, and sends a copy to the people's governments of all provinces, autonomous regions and municipalities directly under the Central Government and the Xinjiang Production and Construction Corps. Implement the evaluation and assessment methods for real estate market regulation, and commend the cities with effective rectification work and obvious results; Conduct interviews and accountability for cities with outstanding problems in the real estate market order and failing to properly fulfill their regulatory responsibilities in time.
(3) correctly guide public opinion. All localities should comprehensively use newspapers, television, radio, Internet and other news media, strengthen positive publicity, correctly guide public opinion, timely sum up and promote rectification work practices, experiences and achievements, publicly expose typical cases of violations of laws and regulations, and play a warning and deterrent role. China construction news and China should set up a column and report on the news network to form a strong rectification atmosphere and create a good public opinion environment for the rectification work.
Source: Ministry of Housing and Urban-Rural Development.