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Home Living in China Chinese Law PROVISIONS CONCERNING THE ADMINISTRATION OF PRIVATE HOUSES OWNED BY FOREIGNERS
PROVISIONS CONCERNING THE ADMINISTRATION OF PRIVATE HOUSES OWNED BY FOREIGNERS
Chinese Law
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
(1984年08月25日)
PROVISIONS CONCERNING THE ADMINISTRATION OF PRIVATE HOUSES OWNED BY FOREIGNERS promulgated by the Ministry of Urban and Rural Construction and Environmental Protection on August 25, 1984)



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:
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:

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。
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.

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;
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;

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。
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.

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:
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:

(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; (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;

(二)购买的房屋,须提交原房屋所有权证、买卖合同和契证;
(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;

(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;
(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;

(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;
(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;

(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;
(5) with respect to inherited houses, the original certificates of title, certifying documents for the inheritance, and the deeds of houses must be submitted;

(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; (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;

(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。
(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.

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。
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.

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。
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.

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。
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.

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。
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.
委托代管应由本人出具委托书。
The owners of the houses shall personally vest their agents or attorneys with powers of attorney.

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。 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.

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。
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.

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。
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.

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。 7. These Provisions shall not apply to the houses owned by Chinese-foreign equity joint ventures, Chinese-foreign contractual ventures, and foreign-capital enterprises.

八、本规定自发布之日起施行。
8. These Provisions shall go into effect as of the date of promulgation.
 

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