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Wuhan Housing Security and Housing Management Bureau

Drafted and revised "Wuhan New Commodity House"

Pre -sale fund supervision method (draft for comments) ""

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General

The branch of the People's Bank of China is responsible for guiding commercial banks to do a good job of supervision account management.

The Banking Insurance Supervision Department is responsible for supervising and inspecting the operating risks and compliance of the pre -sale funds of commercial banks.

The regulatory authorities supervise the funds required to ensure that the project reaches the completion delivery.

The funds within the supervision quota are different from the ownership of the real estate development enterprise. It is applied to the project construction related to this project, including related expenditures such as the construction materials, equipment and construction progress essential of the project construction.

The regulatory period for the supervision of the new commercial housing regulatory quota has been issued from the pre -sale permit of the commercial housing, and the real estate is registered for the first time.

Pre -sale fund supervision agreement

When a real estate development enterprise signs a tripartite agreement, it shall provide relevant information such as the general construction contract, project delivery standard, construction permit, and construction explanation of construction scope to the regulatory agency;

Pre -sale fund payment management

Real estate development enterprises can not use non -regulatory accounts to collect house prices in any form.

Management of funds in the supervision quota

The funds within the supervision limit shall be allocated in accordance with the progress of the project. The first dial -up node shall not be completed earlier than the underground structure, and the final allocation node is registered for the first time of real estate. The specific allocation node is determined by the regulatory authorities.

Before the completion of the project, the balance of the project supervision account with the rough delivery standard shall not be less than 5%of the regulatory quota, and the balance of the project supervision account that is fully renovated must not be less than 10%of the regulatory quota.

Supervision banks must strictly monitor the supervision accounts in accordance with the pre -sale funding of the three -party regulatory agreement, and regularly reconcile with local housing and urban and rural construction departments, and find that real estate development enterprises have problems in violation of regulations. Regulatory agencies, regulatory agencies should be dealt with in time.

The regulatory banks shall not deduct the funding for the first registration of real estate projects in the real estate project within the supervision quota; the group company shall not be transferred to the group company.

After the real estate development enterprise completes the first registration of real estate, it shall submit an application for the regulatory regulatory regulatory agency. The regulatory agency shall verify within 3 working days. If the verification is true, the supervision of the regulatory account is lifted.

Illegal treatment

If the relevant application information of the new commercial housing pre -sale fund supervision is not provided in accordance with regulations, and the funds within the regulatory quota are transferred by the group company, the regulatory agency will deal with it in violation of regulations.

The city establishes a unified new commercial housing pre -sale fund supervision system (hereinafter referred to as the supervision system) to promote the connection of the housing network signing and filing system and the business management system of the commercial bank. Through the regulatory system Application, review, and allocating "full -scale online business".

Measures for the supervision of pre -sale funds for pre -sale funds for new commercial housing in Wuhan

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Chapter 1 General Principles

Article 1 In order to strengthen the supervision and management of pre -sale funds for new commercial housing, ensure the construction of pre -sale funds for the construction of commercial housing projects, ensure the legitimate rights and interests of the buyer, and prevent transaction risks, according to the "People's Republic of China Urban Real Estate Management Law", "Urban Real Estate Development" The relevant documents such as the Management Management Regulations "and" Administrative Measures for the Pre -sale of the Urban Commercial Housing "and other relevant documents, combine the actual situation of the city, formulate these measures.

Article 2 These Measures are applicable to the deposits, use, and supervision and management of pre -sale funds for new commercial housing in the administrative area of ​​this city.

Article 3 The pre -sale funds referred to in these Measures refer to all the housing prices that the real estate development enterprise will develop the new commercial housing developed by the real estate before completing the first registration of the real estate, and the buyer shall be paid by the commercial housing contract.

Article 4 The Municipal Housing Security and Housing Management Bureau is the competent authority (hereinafter referred to as the regulatory authorities) of the pre -sale fund supervision of new commercial housing in this city, which is responsible for the organization and implementation of these measures. The pre -sale fund supervision agency (hereinafter referred to as regulatory agencies), which belongs to the Municipal Housing Security and Housing Administration Bureau, is responsible for the supervision of pre -sale funds for new commercial housing in this city.

The branch of the People's Bank of China is responsible for guiding commercial banks to do a good job of supervision account management.

The Banking Insurance Supervision Department is responsible for supervising and inspecting the operating risks and compliance of the pre -sale funds of commercial banks.

Article 5 The supervision of pre -sale funds for new commercial housing shall follow the principles of government supervision, multiple parties, special accounts, and special funds.

Article 6 The regulatory authorities shall, together with the People's Bank of China branches and the China Banking Supervision Department through public bidding methods, comply with factors such as the credit status, supervision capacity, and service level of commercial banks, and determine commercial banks that undertake the pre -sale fund supervision business of new commercial housing. Commercial banks (hereinafter referred to as regulatory banks) who have won the bid shall be publicized through the portal of the regulatory authorities. Regulatory agencies signed cooperation agreements with regulatory banks.

Regulatory banks should strictly supervise the sub -branch of the new commercial housing pre -sale fund supervision business, check regularly, deal with illegal acts in a timely manner, and assume corresponding economic and legal responsibilities.

Article 7 The real estate development enterprise shall open a special account for pre -sale fund supervision (hereinafter referred to as regulatory accounts) in accordance with the principle of establishing a regulatory account in a pre -sale project (hereinafter referred to as the supervision account).

Article 8 The regulatory authorities supervise the funds required to ensure that the project reaches the completion delivery. The regulatory quota is determined by the regulatory authorities based on factors such as the cost of the construction of the commercial housing project, the amount of construction contracts, the conditions of the project delivery, and the credit of real estate development enterprises. The funds within the supervision quota are different from the ownership of the real estate development enterprise. It is applied to the project construction related to this project, including related expenditures such as the construction materials, equipment and construction progress essential of the project construction.

Article 9 The accumulated regulatory accounts that have accumulated funds that exceed the regulatory quota may be independently extracted and used by real estate development enterprises.

Article 10 The regulatory period for the supervision of the new commercial housing supervision has been issued from the pre -sale permit of the commercial housing to the first registration of the real estate.

Chapter 2 Pre -sale Fund Supervision Agreement

Article 11 Before the real estate development enterprise submits a pre -sale plan, a supervisory bank shall be selected to open a regulatory account.

The supervision account information should be stated in the pre -sale license of commercial housing and the commodity housing trading contract, and publicized at the commercial housing sales site and the regulatory department portal network.

Article 12 After the real estate development enterprise opens a regulatory account, it shall sign the "Wuhan Commercial Housing Pre -Sale Fund Regulatory Agreement" (hereinafter referred to as the Three Party Agreement) with the regulatory agency and supervisory bank.

The agreement text is formulated by the regulatory authorities. The main content of the agreement should be clearly specified in the pre -sale plan and reflected in the commercial housing sales contract through the attachment.

Article 13 When a real estate development enterprise signs a three -party agreement, it shall provide relevant information such as the general construction contract, project delivery standard, construction permit, and construction explanation of construction scope to the regulatory agency. The institution provides relevant information after the change.

Chapter III Pre -sale Funds Submitting Management

Article 14 Real estate development enterprises shall sign the buyer housing buying and selling contract with the buyer in a timely manner through the online contract and contract filing system through the commercial housing online contract, and to assist the buyer to pay the house prices to the supervision account, and apply the buyer in time to handle the commercial house Contract filing procedures. Real estate development enterprises can not use non -regulatory accounts to collect house prices in any form.

The buyers shall, in accordance with the order contract, commercial housing buying contract, payment notice, etc., will directly deposit deposit, down payment and other forms of house prices to the regulatory account.

Article 15 If the buyer purchases a commercial house through a mortgage loan method, the mortgage bank shall confirm that the down payment has been paid to the regulatory account in full, and the filing information shall be signed according to the commodity housing purchase contract network. Directly issued to the regulatory account.

Chapter 4 Management of Funding in the Supervision End

Article 16 The funds within the regulatory quota shall be allocated in accordance with the progress of the project. The first dial -up node shall not be completed earlier than the underground structure, and the final allocation node is registered for the first time of real estate. The specific allocation node is determined by the regulatory authorities. Real estate development enterprises can apply for funds within the supervision limit according to the regulatory dial -up node determined by the regulatory authorities.

Before the completion of the project, the balance of the project supervision account with the rough delivery standard shall not be less than 5%of the regulatory quota, and the balance of the project supervision account that is fully renovated must not be less than 10%of the regulatory quota.

Article 17 If a real estate development enterprise needs to use funds within the supervision limit, it shall apply to the regulatory agency and provide the corresponding information based on the following different application funds:

(1) If you apply for construction materials, equipment and construction progress funds, the relevant contract and fund use plan shall be provided;

(2) For other expenses, relevant materials shall be provided.

Article 18 After the application for the use of real estate development enterprises, the regulatory agency shall be completed within 5 working days. For those who meet the conditions of use, the electronic information agreed by the new commercial housing pre -sale fund supervision system will be transmitted to the regulatory supervision to regulate supervision. Bank; one of the following situations, reject the application, and explain the reason:

(1) Application funds exceeding the node or the amount of money;

(2) If the actual use, the receiving unit does not match the contract agreement;

(3) The preliminary use of this project is not used as required;

(4) Those who fail to deposit pre -sale funds for commercial housing in accordance with regulations;

(5) Other situations that do not meet the requirements of use.

Article 19 The supervisory bank shall allocate the funds to the relevant units stated by the electronic information within two working days in accordance with the electronic information used by the consent funds sent by the regulatory agency.

Supervision banks must strictly monitor the supervision accounts in accordance with the pre -sale funding of the three -party regulatory agreement, and regularly reconcile with local housing and urban and rural construction departments, and find that real estate development enterprises have problems in violation of regulations. Regulatory agencies, regulatory agencies should be dealt with in time.

Article 20 The real estate development enterprises can replace the funds within the amount of inspection by financial institutions such as commercial banks such as commercial banks.

Article 21 The progress of the project does not reach the allocation node, but if the real estate development enterprise does need to withdraw the funds in the supervision amount in advance the fund payment of the project and the salary of the migrant workers, the regulatory authorities may be supported by the people's government of the district where the project is located.

Article 22 The supervisory bank shall be provided to the regulatory agency after the time and methods of the cooperation agreement shall be summarized in accordance with the time and method of the cooperation agreement.

Article 23 The regulatory bank shall not be deducted without authorization before completing the real estate project in the commercial housing project. Article 24 If the relevant departments freeze or deduct the funds of the supervision account, the supervisory bank shall explain to the relevant departments to explain the nature of the funds in the supervision account and the supervision quota, and provide relevant execution information to the regulatory agency in a timely manner.

Article 25 After the real estate development enterprise completes the first registration of real estate, it shall submit an application for the regulatory regulatory regulatory authority. The regulatory agency shall verify within 3 working days. If the verification is true, the supervision of the regulatory account is lifted.

Chapter 5 illegal Handling

Article 26 If a real estate development enterprise has one of the following actions, the regulatory agency may adopt interviews, order correction within a time limit, and suspend the use of funds in its supervision account to urge enterprises to rectify; Report, credit deduction, recorded credit files or administrative penalties for real estate development enterprises, and publicize to the public:

(1) Those who fail to deposit pre -sale funds for commercial housing in accordance with regulations;

(2) Those who fail to use funds within the supervision limit in accordance with regulations;

(3) Those who fail to provide real application information in accordance with regulations to handle the relevant procedures for the supervision of pre -sale funds for new commercial housing;

(4) The capital within the regulatory quota was transferred by the group company.

Article 27 If the supervisory bank fails to enter the account and allocate funds in accordance with these regulations, shall be deducted from the funds in the supervision account without authorization, shall be ordered to correct and recover the money at the municipal management bank, and shall bear legal responsibility according to law.

Regulatory banks that violate these regulations, the regulatory authorities have suspended and eligible for regulatory banks as depending on the situation, and the financial regulatory authorities will report their violations of the rules; if the financial regulatory department finds that commercial banks illegally and illegal acts shall be dealt with Regulatory authorities.

Article 28 The staff of the regulatory authorities and regulators who neglect their duties, abuse their powers, and abuse their fraud in funds in fund supervision, shall be handled in accordance with the law.

Article 29 During the supervision of pre -sale funds for new commercial housing, other relevant units or individuals have illegal and illegal acts shall bear the corresponding legal responsibilities and economic responsibilities.

Chapter 6 Attachment

Article 30: The relevant government units are concentrated in purchasing new commercial housing pre -sale projects for demolition and resettlement, and a new commercial and office new commercial housing pre -sale project purchased by a single legal person shall not be included in the scope of pre -sale funds.

Article 31 The city establishes a unified new commercial housing pre -sale fund supervision system (hereinafter referred to as regulatory system) to promote the docking of the housing network signing system and the commercial bank business management system. Through the supervision system Management, implement "full online office" for fund applications, review, and allocate.

Article 32 The regulatory authorities shall cooperate with the financial regulatory authorities to promote the docure of the housing network signing system and the business management system of the commercial bank, and strengthen the information and information sharing of data information such as the signing of the commercial housing network, the regulatory account funds, and the bank mortgage loan funds.

Article 33 These Measures will be implemented from the date of date, with a validity period of 5 years. The "Measures for the Supervision of Funding Fund in the New Commercial Housing in Wuhan" (Wuzhi Regulations [2017] No. 37) was abolished at the same time.

The existing real estate development project shall be supervised in accordance with the original “Measures for the Supervision of Pre -sale Fund Fund for New Commercial Housing in Wuhan” (Wuzhengjin [2017] No. 37).

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The period of this collection opinion is 10 days (September 13, 2022 -September 22, 2022). If you have comments, please give a written feedback to the Wuhan Housing Security and Housing Administration Bureau during the solicitation period. (Email: [email protected])

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