湖北省司法厅

Decree of the People’s Government of Hubei Province

No. 398

Measures of Hubei Province for the Administration of Urban Social security housing, as deliberated and adopted at the Executive Meeting of the Provincial People’s Government on January 30, 2018, are hereby promulgated and shall come into force as of April 1, 2018.

Provincial governor: Wang Xiaodong

              February 7, 2018

Measures of Hubei Province on the Administration of Urban Social Security Housing

Chapter I General Provisions

Article 1 In order to meet basic housing demands of families and individuals with difficulties in obtaining houses and standardize the administration of urban social  security housing, Measures of Hubei Province for the Administration of Urban Social Security Housing (hereinafter referred to as the “Measures”) are hereby formulated in accordance with Xi Jinping’s Thoughts on Socialism with Chinese Characteristics for a New Era and relevant national laws and regulations in light of the realities in Hubei Province.

Article 2 These Measures shall apply to the planning, construction and management of urban social security housing within the administrative region of Hubei Province.

Article 3 “Urban social security housing” herein refers to the housing supplied to people eligible for housing security as required by urban housing security planning and annual plans as per prescribed area and stipulated selling price or rental prices.

“People eligible for housing security” herein refer to families, new employees, and migrant workers with stable jobs in cities and so on, provided that they have difficulties in obtaining urban housing and are eligible in terms of income, property and other aspects.

Article 4 When urban social security housing is managed, the system which encourages both rental and purchase housing shall be established, and the working principle of government leadership, social participation, policy support, stringent regulation, fairness and justice, as well as adaptation to local conditions shall be adhered to.

Article 5 The People’s Government of Hubei Province shall undertake the overall responsibility of managing urban social security housing within Hubei Province. The people’s governments at or above county level shall undertake their own responsibilities in managing urban social  security housing within concerned administrative regions respectively.

The provincial department of housing and urban-rural development shall take charge of the management of urban social security housing across Hubei Province. The housing security department under the people’s governments at or above county level shall take charge of the management of urban social security housing within concerned administrative regions respectively.

The department of development and reform, finance, land and resources, civil affairs, public security, human resources and social security, industry and commerce and other relevant departments shall be responsible for work related to urban social security housing as per their duties.

Article 6 The housing security departments under the people’s governments at or above county level may entrust implementing agencies of urban housing security to undertake the specific management of urban social  security housing  within the concerned administrative region, or attract enterprises and other agencies to participate in the operation and management of social  security housing  by purchasing services.

Article 7 The People’s Government of Hubei Province shall implement the target-oriented responsibility system as well as the assessment and evaluation mechanism to supervise urban social security housing management carried out by various local people’s governments.

The people’s governments at or above county level shall include urban social security housing funds into the financial budget at the same level.

Article 8 The people’s governments at or above county level shall establish the information sharing mechanism of urban social security housing, and utilize the Internet and technologies to improve the intelligent management and service.

The housing security departments under the people’s governments at or above county level shall enhance archives management of urban social security housing, as well as establish and maintain the urban housing security information management system.

Chapter II Planning and Construction

Article 9 The people’s governments at or above county level shall scientifically develop the construction planning and annual plans for urban social  security housing within the concerned administrative region in accordance with the socio-economic development, overall demand for urban social  security housing , urban-rural planning and overall land using planning. In the meantime, such planning and plans shall be made public.

The construction planning of urban social security housing shall include the objectives, tasks, construction scale, supply structure, spatial layout, capital arrangement, implementation steps and other aspects related to urban social security housing, and such planning shall be managed dynamically.

The annual plans for urban social security housing shall consist of annual plans for housing security funds, plans for construction land index, plans for houses allocated for lease and sale, and plans for rental subsidies etc.

Article 10 Social security housing shall be located at places with convenient transportation and well-equipped public facilities with priority, and supporting service facilities and commercial facilities shall be constructed for such housing as per relevant national regulations. The scale of social security housing to be constructed shall consist with the local socio-economic development.

Article 11 The people’s governments at municipal and county level shall give priority to the construction land required for newly increased urban social security housing in the annual land supply plan.

The reserve land and state-owned land of which the land use right has been recovered shall be used to construct urban social security housing with priority.

Article 12 Funds for social security housing constructed by the government mainly include:

(I) Housing security subsidies allocated by the central government and provincial government.

(II) Financial budget funds at municipal and county levels.

(III) Housing Provident Funds appropriated from net earnings of land transfer as per a ratio stipulated by the state.

(IV) The balance of incremental benefits deducted by loan loss reserves and administrative expenses.

(V) Earnings from the lease or sale of social security housing.

(VI) Funds collected via social donation and other methods.

Article 13 The source of social security housing mainly includes:

(I) housing constructed, reconstructed and purchased by the government;

(II) housing obtained by the government via long-term lease;

(III) housing constructed by enterprises as per a ratio stipulated by the government;

(IV) vacated or repurchased public-owned housing; and

(V) housing obtained via other methods.

Article 14 Social security housing may be invested and constructed by social forces under supportive government policies.

Article 15 Provincial departments in charge of housing and urban-rural development shall formulate local construction standards for social security housing projects jointly with departments in charge of standardization in accordance with relevant national engineering construction standards and technical specifications.

Housing security departments at municipal and country level shall reasonably determine the building area, house type and structure, standard of indoor decorations and supporting facilities of social security housing projects in accordance with local construction standards of social security housing projects.

Article 16 Social security housing may be constructed in a concentrated area or inside commercial housing projects.

A certain proportion of social security housing shall be planned and constructed inside commercial housing projects and such proportion and methods shall be determined by the people’s government at municipal and county level.

Article 17 After a social security housing project is completed and accepted, the project owner shall set up permanent marks and record names of the project owner, survey unit, design unit, construction unit, supervising unit and persons chiefly in charge of project quality as per relevant national regulations.

Chapter III Application and Examination

Article 18 Those who applying for social security housing or rental allowances shall meet the following requirements:

(I) The applicant has no residential house, or the area of the applicant’s house is below the stipulated standard.

(II) The income and property of the applicant are below the stipulated standard.

(III) The applicant is a migrant worker who has worked locally for a stipulated period.

Specific requirements shall be formulated and made public by the people’s government at municipal and county level in accordance with local realities.

Article 19 Applications shall be submitted to the people’s government at township level or concerned subdistrict offices in order to obtain social security housing or rental allowances.

Article 20 The people’s government at township level or concerned subdistrict offices shall organize the preliminary examination to assess whether the applicant meets stipulated requirements within 15 working days after receiving the application. During the preliminary examination, the authenticity of written applications and relevant evidentiary documents submitted by the applicant shall be investigated and verified.

If any applicant is identified as eligible during the preliminary examination, basic information of such applicant and comments for the primary examination shall be announced for at least 7 working days in the community where the applicant lives. If no objection is raised after the announcement period expires, the people’s government at township level or concerned subdistrict offices shall submit comments for the primary examination and application materials of such applicants to the housing security department at municipal and county level.

Article 21 The housing security department at municipal and county level shall reexamine applicants jointly with other relevant departments.

Within 15 working days after receiving application materials, the housing security department shall comment whether the family housing condition of the applicant meets stipulated requirements, and pass on applications materials of eligible applicants to the civil affairs department at the same level.

Within 15 working days after receiving aforementioned application materials, the civil affairs department shall check whether the family income and property of the applicant meet stipulated requirements, and provide feedback to the housing security department at the same level.

The housing security department at municipal and county level shall announce reexamination result about eligible applicants identified during the reexamination. If no objection is raised during the announcement, those applicants shall be registered as people eligible for housing security. Ineligible applicants identified during the reexamination shall be notified in writing and provided with explanations.

Article 22 The housing security department at municipal and county level shall determine and announce support methods and sequential order of registered applicants who have passed the reexamination.

Article 23 The queuing system shall be implemented for applications of social security housing, and the waiting period shall be generally no longer than 5 years. During the waiting period, specific applicants entitled to preferential treatment as expressly stipulated by laws and regulations as well as national, provincial and municipal rules shall be provided with social security housing with priority. Specific methods of implementing the queuing system shall be determined by the people’s government at municipal and county level.

Article 24 The rental price of social security housing shall be determined by the department of price administration under the people’s government at municipal and county level jointly with the housing security department and financial department with overall consideration of the location, rental price of commercial houses of the same kind, economic capability of people eligible for housing security, construction and operation costs and other relevant factors so as to set differentiated rental prices for different houses.

The selling price of social security housing shall be determined by the department of price administration under the people’s government at municipal and county level jointly with the housing security department and financial department with overall consideration of the social average construction cost, locational factors, stipulated profits, and economic capacity of groups with difficulties in obtaining houses etc. The selling price shall be lower than the average market price of ordinary commercial houses of the same kind sold in the same region during the same period, and a reasonable price difference shall be maintained.

Chapter IV Use and Vacation

Article 25 The lease term of social security housing shall be no longer than 5 years in general.

If the lease of the social security housing needs to be renewed upon the lease expiry, the tenant shall submit applications to the housing security department at municipal and county level 3 months prior to the expiry. The lease renewal shall be approved if relevant requirements are met and no objection is raised during the announcement period.

Tenants failing to apply for lease renewals as required shall vacate the social security housing upon the lease expiry.

Article 26 The lessor shall bear costs of the operation, management, repair and maintenance of rented social security housing and their ancillary facilities, common parts and public utilities.

Article 27 The tenant shall actually live in the social security housing rented by him/her and pay the rent and relevant expenses promptly as agreed in the lease contract. During the lease term, the social security housing shall not be left unused, or rented, subleased, lent out, or exchanged without authorization, damaged or destroyed. In the meantime, housing use, structures and supporting facilities shall not be changed without authorization.

Article 28 Tenants having rented the social security housing for 5 consecutive years may purchase such housing under the approval of the people’s government at municipal and county level, provided that stipulated requirements of purchasing social security housing are met.

Article 29 The purchaser shall not transfer the social security housing within 5 years. 

The purchaser may transfer the social security housing after 5 years and the people’s government at municipal and county level shall have the priority of repurchasing such housing under the same conditions. The purchaser transferring the social security housing shall make payments as per the proportion agreed in the sales contract. The purchaser may obtain the complete property right by making a supplementary payment as per the proportion agreed in the sales contract. Relevant payments shall be determined by using the price of commercial houses of the same kind at the same location to multiply the proportion occupied by the people’s government at municipal and county level. However, provisions in this paragraph shall not apply to social security housing whose transfer right or complete property right is forbidden by the people’s government at municipal and county level.

If the purchaser transfers the social security housing or obtains the complete property right of the housing by making a supplementary payment, no other social security housing shall be purchased again.

Article 30 The tenant shall vacate the social security housing if any of the following circumstances is incurred:

(I) The tenant obtains the house by providing false documentary evidences or via improper means.

(II) The tenant fails to pay the rent for 6 consecutive months without justified reasons, and refuses to pay the rent after being asked to make the payment.

(III) The tenant hasn’t lived in the house for 6 consecutive months without justified reasons.

(IV) The tenant has rented, subleased, lent out or exchanged the social security housing without authorization.

(V) The tenant has damaged or destroyed the social security housing, or changed the intended use or structure of the house or supporting facilities without authorization while refusing to recover them to original conditions, or heavy losses have been incurred due to improper use.

(VI) Other circumstances stipulated by laws and regulations.

Article 31 People eligible for housing security renting social security housing or receiving rental subsidies shall authentically report changes of the housing, income, property and other related information to the people’s government at township level or concerned subdistrict offices.

Article 32 The standard of rental allowances shall be determined and announced by the people’s government at municipal county level in accordance with the average rental price of the local housing market, payment capacity of people eligible for housing security and other relevant factors.

The housing security department and financial department under the people’s government at municipal and county level shall adjust the amount of rental allowances as per changes of the housing, income, property and other conditions of people eligible for housing security.

The housing security department under the people’s government at municipal and county level shall cease to provide rental allowances to people eligible for housing security who become ineligible for rental allowances any more.

Chapter V Administration and Supervision

Article 33 When supervising and examining work related to urban social security housing, housing security departments or implementing agencies under the people’s government at municipal and country level have the right to take the following measures:

(I) Enquiring, checking, recording and copying relevant information or materials of people eligible for housing security.

(II) Entering into the social security housing to check how the house is used, provided that a family member with full capacity for civil conduct is present.

(III) Stopping violations of relevant regulations on the use of social security housing, and instructing violators to make rectifications.

(IV) Other measures prescribed by laws and regulations.

Relevant organizations and individuals shall be cooperative and offer assistance during the inspection, provide true information about the social security housing, and never reject the inspection or misrepresent or conceal any information.

Article 34 The housing security department or implementing agency shall keep personal information of citizens confidential, except for information to be disclosed as required by relevant laws and administrative regulations.

Article 35 The housing security departments at municipal and county level shall utilize the information sharing mechanism and the comparison of big data to monitor the housing, income, property and other information of people eligible for housing security dynamically.

Article 36 If anyone violates relevant regulations on social security housing or breaks a contract seriously, the housing security department shall record such misconduct and notify credit management institutions of the same.

The credit management institution shall include such misconduct into the credit record.

Article 37 The people’s government at municipal and county level shall separately manage the income and expenditure of revenues from renting and selling social security housing, and no organizations or individuals shall seize or misappropriate such funds.

Article 38 All organizations and individuals have the right to submit reports and complaints about violations of these Measures, and the housing security department and other relevant departments shall handle such reports and complaints timely.

Chapter VI Legal Liability

Article 39 If any people’s government or its staff violates provisions herein or fails to fulfill responsibilities related to urban housing security management, persons who are directly in charge and other directly responsible personnel shall be lawfully punished, and prosecuted for criminal liability according to law if such violation constitutes a crime.

Article 40 If any housing security department, other relevant department or their staff violates provisions herein or gets involved into the following activities, the people’s government at the same level or higher authorities shall instruct violators to make rectifications, circulate a notice of criticism, lawfully punish persons who are directly in charge and other directly responsible personnel, as well as prosecute violators for criminal liability according to law if such violation constitutes a crime:

(I) Failing to get eligible applicants of social security housing registered or failing to provide such applicants with rental allowances.

(II) Providing social security housing or rental allowances for ineligible applicants.

(III) Disclosing citizens’ personal information known to them during the work.

(IV) Abusing power, neglecting duty, or practicing irregularities for personal gains etc.

Article 41 If any applicant violates provisions herein and obtains the social security housing by concealing, misrepresenting or falsifying information about his/her house, income, property and other aspects, the housing security department shall instruct him/her to vacate the house. If he/she has rented or purchased the social security housing, the rent and related expenses during the period of lease and purchase shall be paid supplementarily as per the market price. In the meantime, he/she shall not apply for urban social security housing again within 5 years.

Article 42 If anyone violates paragraph (II), (III), (IV) and/or (V) of Article 32, the housing security department shall instruct him/her to pay up the rent fully, restore relevant properties to original conditions or take other remedial measures within the specified time limit, and compensate for any loss incurred as per the law. In the meantime, the delinquent tenant shall not apply for other social security housing again within 5 years.

Article 43 If the tenant refuses to vacate the house, the housing security department under the people’s government at municipal and county level shall lawfully issue a decision to instruct him/her to do so within a specified time limit. Tenant objecting to such decision may apply for an administrative review or initiate an administrative litigation as per the law.

If the tenant fails to vacate the house within the specified time limit, the housing security department under the people’s government at municipal and county level that issues the aforementioned decision shall apply for the compulsory execution to the people’s court as per the law.

Chapter VII Supplementary Provisions

Article 44 These Measures shall come into force as of April 1, 2018.