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The Decision of
Shenzhen Municipal People' s Government on Revising 34
Regulations including the Rules of Shenzhen Special
Economic
Zone on Employment Service |
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No. 135 |
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The Decision of Shenzhen Municipal People' s Government on
Revising 34 Regulations
including the Rules of Shenzhen Special
Economic Zone on Employment Service has been adopted through
deliberation, is hereby
promulgated and shall enter into effect
as of the date of promulgation. |
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| Mayor: Li
Hongzhong |
| August 26, 2004 |
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In order to implement the Administrative Licensing Law of the
People' s Republic
of China, it is decided at the 125th Executive
Committee of Shenzhen Municipal People' s Government to make the
following
revisions to 34 regulations including the Rules of
Shenzhen Special Economic Zone on Employment Service: |
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23. The following revisions shall be made to the Rules for
Implementing the Regulations
of Shenzhen Special Economic Zone
on House Leasing: |
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1. Article 5, 6, 7, 8, 9, 28, and 29 are deleted; and |
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2. the term "examination and approval" mentioned in Paragraph 3
of Article
8 is deleted. |
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Rules
for Implementing the Regulations of Shenzhen Special Economic
Zone on House Leasing |
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(Adopted at the
56th Executive Committee of Shenzhen Municipal People' s
Government on June 25, 1993, promulgated by Decree
No.11 of
Shenzhen Municipal People' s Government on August11, 1993) |
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Article 1 In order to implement the Regulations of
Shenzhen Special Economic Zone on house leasing (hereinafter
referred to as "the
Regulations" ), these rules are formulated in
accordance with the provisions of Article 67 of the Regulations. |
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Article 2 For the purpose of the Regulations, "houses for
other uses" mentioned in Article 2 of the Regulations refers to
temporary
and simple houses which are approved to be set up by
relevant competent department and indoor parking lots in
Shenzhen
Special Economic Zone (hereinafter referred to as "the
special zone" ). |
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Article 3 A district competent department of house
leasing (hereinafter referred to as " district competent
department" ) may establish
detached offices to carry out the
administration to house leasing in its name according to its
working demands. |
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Article 4 For the purpose of the Regulations, "other
valid document testifying a party' s property right" mentioned in
Item 2,
Paragraph 1 of Article 7 of the Regulations refers to: |
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1. a red-line drawing or construction license which can prove a
party' s property
right, if he has proper reason for not
registering his real estate ownership; or |
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2. a contract of house purchase with a certificate testifying
that the money
has been paid off, or an approval document issued
by relevant competent department for establishing a temporary or
easy
house. |
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Article 5 Every house owner and right holder shall fill
in an application for house leasing with truthful information
according to
the rules of license-issuing authority and submit
relevant documents when applying for a license of house leasing
(hereinafter
referred to as "the license" ). |
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Article 6 If an overseas house owner entrusts a domestic
custodian to apply for the license, his issued authorization
letter shall
be notarized and authenticated according to laws. |
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Every certificate letter issued by an overseas house co-owner
agreeing to lease
a domestic common house shall be notarized and
authenticated according to laws. |
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Article 7 When a district competent department or its
detached office receives the documents submitted by a party
applying for the
license within its jurisdiction, it shall issue
a receipt to the party in time, indicate the receiving date and
stamp to
the receipt the name of the working person who receives
the documents. If an application is not under its jurisdiction,
a district competent department or its detached office shall
inform the party of the authority which has jurisdiction.
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Article 8 Working persons shall examine parties'
applications, and inspect the houses to be rented out. If an
application is examined
as consistent with the Regulations, the
license shall be granted to the applicant within 15 days upon
receiving his application.
If an application is examined as
inconsistent with the Regulations, a written reply shall be made
and reasons shall be
explained to the applicant within 15 days
upon receiving the application. |
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Article 9 The license shall be examined annually. Every
house lessor shall submit his license for examination according
to the rules
of license-issuing authority. |
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Article 10 Every lessee shall fill in a registration form
for lessees with truthful information according to the
regulations, and
submit to the registration authority copies of
the effective certificates which testify his identity and legal
qualifications
as stipulated in Article 38 of the Regulations.
If necessary, a working person may require a party to produce
the original
copy of a certificate mentioned above. |
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When an agent registers a house leasing, he shall provide his
authorization letter.
If the agent' s client is an overseas
person, the authorization letter shall be notarized and
authenticated according to
laws. |
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Registration authorities shall keep in archives for future
enquiry the contracts
of house leasing (hereinafter referred to
as "the lease contracts" ) which are examined and approved to be
registered
and relevant annexes. |
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Article 11 In case of discrepancy, the original version
in Chinese of a lease contract shall prevail. |
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Article 12 The municipal competent authority shall
publicize guiding rent once half a year, and may make the
publication more frequently
according to the actual needs of
changing market. The guiding rent shall be publicized by the
municipal competent authority
in Shenzhen Special Zone Daily,
Shenzhen Economic Daily and Chinese and Foreign Real Estate
Guide. |
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Article 13 Every lessee shall have the independent rights
of occupying and using his leased house during the house tenancy
term according
to the agreement reached in the contract. No
lessor may enter into a house having rented out to a lessee
without his consent,
except for the urgent needs to safeguard
the lessee' s life or property or to protect the house, or except
under a special
circumstance stipulated by laws or regulations.
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Article 14 If a lessee has proper reason to exchange his
leased house with another person with the lessor' s consent, the
two parties
shall alter the original lease contract and register
the alteration. |
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Article 15 If a lessee dies before the expiration of
lease contract, the other lawful cohabitants who satisfy leasing
requirements
shall have the right to require the contract to be
continued. |
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If a lessee transfers his property right during the lease term,
the lessor shall
continue performing the lease contract upon the
request of transferee. If a lessee wants to cancel a lease
contract, he
shall get the lessor' s consent, and shall
compensate the lessor for his lost caused by the canceling.
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Article 16 Every lessee shall pay rent according to the
agreement reached in contract and shall pay lease management
fees according
to the Regulations. |
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Rent shall be paid in money. If both parties of lease agree,
rent may be paid
in kind. |
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Article 17 In the event that a lessee can not use his
leased house entirely or can not use part of it due to the
lessor' s fault,
his liability of paying rent may be exempted
entirely or partially correspondingly. |
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Article 18 Lessors shall provide invoices to
lessees when collecting rents. A lessee may refuse to pay the
rent if the lessor refuses
to produce an invoice. |
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Article 19 The using fees of affiliated facilities,
indoor equipments and furniture of a leased house shall be
included in the rent.
Unless the lease contract has special
agreements or the lessee consents, a lessor may not additionally
collect fees or
deposits for the affiliated facilities,
equipments or furniture mentioned above. |
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Article 20 In the event that a leased house or its
equipment, facility or furniture is damaged because of the
lessee' s deliberate
intention or negligence, he shall be liable
for reparation or compensation to the damage excluding normal
losses. Every
lessee is obliged to prevent his co-habitant or
guest from damaging the leased house or its equipment, facility
or furniture,
and shall be responsible for reparation or
compensation if he fails to perform the obligation. |
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Article 21 In the event that a lessor delays in handing
over the leased house, the lessee may require extending the term
of lease
contract. The prolonged term shall not exceed the
period of lessor' s delay. |
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In the period that a lessor rebuilds, expands or decorates a
leased house with
the consent of lessee, the term of lease
contract does not require to be extended if the lessor provides
another house
for the lessee to live or use. If a lessor can not
provide another house for the lessee, he may require deducting
the rebuilding,
expanding or decorating period from the lease
term. |
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No lessor may raise the original standards of rent without the
lessee' s consent
after rebuilding, expanding or decorating the
leased house. |
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Article 22 The guarantee money paid to a lessor by a
lessee according to a lease contract shall be returned to him
after he performs
the contract, or be converted into the rent
which shall be paid by him in the last lease term. |
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Article 23 Unless a lease contract has other agreements,
a lessor shall enjoy the incomes generated from using the leased
house' s
external wall or roof to set up signboards or
advertisements. |
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Article 24 If a lessor consents a lessee to
sub-lease the leased house, he shall produce a written
certificate. When a sub-lessor
and sub-lessee go to a
registration authority for registration, they shall bring forth
the written certificate to the effect
that the lesser consents
to the sublease. |
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Article 25 In the event that the expiration date of
sublease coincides with that of the original lease term, the
sub-lessee shall
return the house to the sub-lessor at 3 days
before the expiration date. |
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Article 26 Every lessee shall return the leased
house to the lessor before the expiration date of lease term
according to the conditions
agreed in the contract. |
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Article 27 If a lessor needs to recover a leased house
after the lease term expires, he shall notice the lessee to move
out of the
house in writing. If a lessor does not notice the
lessee to move out and collects rent when the lease term
expires, the
lease contract shall be considered to be renewed
with the lessor' s acquiescence. |
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The rent in the renewed lease term shall be calculated according
to the money
paid by the lessee when the original lease term
expires. |
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Article 28 The penalty of fining a party or confiscating
a party' s illegal gains stipulated in the Regulations shall be
decided by
a district competent department or its detached
office. The penalty of revoking a party' s license shall be
decided by
a district competent department. |
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Article 29 A party whose license has been revoked may not
apply for a new one within one year upon the revocation. In the
event that
a lease contract is terminated because of a
revocation of license, the lessor shall be responsible for
compensating the
lessee' s loss caused by the termination.
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A party may apply for a new license according to the Regulations
one year after
his original license has been revoked.
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Article 30 These rules shall go into effect as of the
date of promulgation. |
