作者:法律资料网 时间:2024-07-21 23:26:53   浏览:9590   来源:法律资料网

城建环保部


中华人民共和国城乡建设环境保护部关于外国人私有房屋管理的若干规定(附英文)

1984年8月25日，城建环保部

规定
为加强对外国人在中国境内私有房屋的管理，保护房屋所有人的合法权益，根据有关法规，对若干问题作如下规定：
一、对外国人在中国境内的个人所有、数人共有的自用或出租的住宅和非住宅用房（以下简称外国人私有房屋）的管理，应当遵守《城市私有房屋管理条例》的规定。
二、外国人私有房屋的所有人，须到房屋所在地人民政府房地产管理机关（以下简称房管机关）办理房屋所有权登记手续，经审查核实后，领取房屋所有权证；房屋所有权转移、房屋现状变更或所有人国籍变更时，须到房屋所在地房管机关办理所有权转移或变更登记手续。
三、办理外国人私有房屋所有权登记或转移、变更登记手续时，须提交国籍、职业证明和下列证件：
（一）新建、翻建和扩建的房屋，须提交房屋所在地规划管理部门批准的建设许可证和建筑图纸；
（二）购买的房屋，须提交原房屋所有权证、买卖合同和契证；
（三）受赠的房屋，须提交原房屋所有权证、赠与书或遗赠证件和契证；
（四）交换的房屋，须提交双方的房屋所有权证、双方签订的协议书和契证；
（五）继承的房屋，须提交原房屋所有权证、遗产继承证件和契证；
（六）分家析产、分割的房屋，须提交原房屋所有权证、分家析产单或分割单和契证；
（七）获准拆除的房屋，须提交原房屋所有权证和批准拆除证件。
证件不全或房屋所有权不清楚的，暂缓登记，待条件成熟后办理。
四、外国人私有房屋出租或出借，其租赁合同或出借凭证，应当送交房屋所在地房管机关备案。
五、外国人私有房屋所有人不能亲自办理房屋所有权登记或转移、变更登记手续时，可以委托代理人或中国律师代为办理，委托代理应由本人出具委托书。
外国人私有房屋所有人因不在房屋所在地或其他原因不能管理其房屋时，可以在房屋所在地委托代理人代为管理。委托代管应由本人出具委托书。
六、办理房屋所有权登记或转移、变更登记和委托手续的证件、文书，须经公证。在外国办理的公证文书，须经该国外交部或其委托的机构和中国驻该国大使馆、领事馆认证。
办理房屋所有权登记或转移、变更登记和委托手续的证件、文书，必须是正本。如果证件、文书是用外国文字书写的，须同时附交经公证和认证的中文译本。
七、本规定不适用于中外合资经营企业、中外合作经营企业和外资企业所有的房屋。
八、本规定自发布之日起施行。

PROVISIONS CONCERNING THE ADMINISTRATION OF PRIVATE HOUSES OWNEDBY FOREIGNERS

Important Notice: (注意事项)
英文本源自中华人民共和国务院法制局编译, 中国法制出版社出版的《中华人民
共和国涉外法规汇编》(1991年7月版).
当发生歧意时, 应以法律法规颁布单位发布的中文原文为准.
This English document is coming from the "LAWS AND REGULATIONS OF THE
PEOPLE'S REPUBLIC OF CHINA GOVERNING FOREIGN-RELATED MATTERS" (1991.7)
which is compiled by the Brueau of Legislative Affairs of the State
Council of the People's Republic of China, and is published by the China
Legal System Publishing House.
In case of discrepancy, the original version in Chinese shall prevail.

Whole Document (法规全文)
PROVISIONS CONCERNING THE ADMINISTRATION OF PRIVATE HOUSES OWNED
BY FOREIGNERS
(Approved by the State Council on August 2, 1984 and promulgated
by the Ministry of Urban and Rural Construction and Environmental
Protection on August 25, 1984)
In order to strengthen the administration of private houses owned by
foreigners within the territory of China, and to protect the lawful rights
and interests of their owners, the following provisions are formulated in
accordance with the relevant laws and regulations:
1. The administration of the residential houses and nonresidential houses
owned by foreign individuals or by a group of foreigners jointly within
the territory of China and for their own use or for renting out
(hereinafter referred to as foreigners' private houses), shall comply with
the provisions in the Regulations on the Administration of Private Houses
in Urban Areas.
2. The owners of foreigners' private houses must go through the
registration procedures for the proprietary rights of houses at the
administrative departments for real estate under the people's governments
in the localities where the aforesaid houses are located (hereinafter
referred to as the administrative department for real estate), and after
the examination and verification, obtain a house owner's certificate; in
the event that the ownership of a house is to be transferred, the present
state of the houses is to be changed, or the owner's nationality has been
changed, the house owner must go through the registration procedures for
the transfer of the ownership, or for other changes, at the administrative
department for real estate in the place where the said house is located.
3. In going through the procedures for the registration of the ownership
of foreigners' private houses, of the transfer or changes, the owners of
the houses shall present certificates of nationality and occupation, as
well as the following certifying papers:
(1) with respect to newly-built, rebuilt, or expanded houses, the
construction licences approved by the planning and administrative
departments in the localities, and also the building blueprints;
(2) with respect to newly-bought houses, the original certificates of
title, the contracts for house transaction, and the title deeds of the
houses must be submitted;
(3) with respect to houses accepted as gifts, the original certificates of
title, the deeds of gift or deeds of demised house, and the title deeds of
the houses must be submitted;
(4) with respect to houses exchanged, the certificates of title of both
parties, the agreements signed by both parties, and the title deeds of the
houses must be submitted;
(5) with respect to inherited houses, the original certificates of title,
certifying documents for the inheritance, and the deeds of houses must be
submitted;
(6) with respect to houses allotted from one's family properties, the
original certificates of title, lists of the said allotment, and the deeds
of the houses must be submitted;
(7) with respect to houses the demolition of which, has been approved, the
original certificates of title, and the permission of demolition of the
houses must be submitted. If the aforesaid certifying documents are
incomplete or the ownership of the houses in question is uncertain, the
registration procedures shall be postponed until conditions are ripe for
registration.
4. When foreigners' private houses are rented or lent out, the relevant
lease contracts and the lending documents shall be presented, for the
record, to the administrative departments for real estate in the places
where the said houses are located.
5. If the owners of foreigners' private houses are unable to go through,
personally, the registration procedures for the transfer of ownership or
for other changes of the said houses, they may appoint agents or Chinese
attorneys at law to handle the case; and the owners of the houses shall
personally vest their agents or attorneys with powers of attorney.
If the owners of foreigners' private houses are unable to manage affairs
concerning their houses because of their absence from the places where
their houses are located, or owing to other reasons, they may appoint
agents residing in the places where the said houses are located to manage
the houses for them. The owners of the houses shall personally vest their
agents or attorneys with powers of attorney.
6. The certifying documents and title deeds to be used for going through
the registration procedures for the ownership of houses or for the
transfer of ownership or other changes and the appointment of agents,
shall be notarized. The notarial documents prepared and signed in a
foreign country shall be verified and confirmed by the Ministry of Foreign
Affairs of the said country, or by its authorized agencies, and by the
Chinese embassies or consulates in the said countries.
The certifying documents and title deeds to be used for going through the
registration procedures for the ownership of the houses or for the
transfer of ownership or for the other changes and the appointment of
agents, must be the original documents. If the certifying documents and
title deeds are prepared in foreign language, notarized and verified
translations in the Chinese language must be attached thereto.
7. These Provisions shall not apply to the houses owned by Chinese-foreign
equity joint ventures, Chinese-foreign contractual ventures, and
foreign-capital enterprises.
8. These Provisions shall go into effect as of the date of promulgation.