In order to further standardize the real estate market and put an end to this situation, Ningbo Housing and Urban-Rural Development Bureau, Ningbo Central Sub-branch of the People's Bank of China, Ningbo Banking Insurance Regulatory Bureau and Ningbo Housing Provident Fund Management Committee Office have issued two documents, namely, Detailed Rules for the Supervision of Pre-sale Funds of Commercial Houses in Ningbo (Trial) and Measures for the Supervision of Trading Funds of Stocking Houses in Ningbo (Trial), which stipulate that, Real estate development enterprises should choose the commercial banking institutions of the counties (cities) to which the pre-sale projects of commercial housing belong as the supervision banks, set up supervision accounts for pre-sale funds of commercial housing projects according to the parcels, and not sign supervision agreements for pre-sale funds with different supervision banks according to the pre-sale batches.
Pre-sale down payment, installment payment, one-time payment, bank mortgage loan and housing provident fund loan shall all be deposited into the pre-sale fund supervision account.
In the process of pre-sale, the developer has corresponding violations, and the local housing construction department will interview the enterprise, suspend the online signing, and order rectification within a time limit; Refuse to rectify, recorded in the bad credit records of real estate development enterprises; If losses are caused, they shall bear corresponding legal responsibilities.
The full text is as follows
Article 1 In order to further standardize the supervision and management of the pre-sale funds of commercial housing in this Municipality, prevent and reduce the risks of real estate transactions, safeguard the legitimate rights and interests of buyers, and maintain the normal order of the real estate market, these Detailed Rules are formulated in accordance with the Interim Measures for the Supervision of the Pre-sale Funds of Commercial Housing in Zhejiang Province (ZJF [2010] No.72) and in combination with the actual situation of this Municipality.
Article 2 The municipal administrative department of housing and urban-rural construction (hereinafter referred to as the municipal department of housing and urban-rural construction) shall be responsible for the supervision and guidance of the pre-sale funds of commercial housing in the whole city. Counties (cities), development zones, housing and urban construction administrative departments (hereinafter referred to as "local housing and urban construction departments") are specifically responsible for the supervision and management of pre-sale funds of commercial housing within their respective jurisdictions.
China People's Bank Ningbo Central Branch, Ningbo Banking Insurance Regulatory Bureau and district and county (city) offices (hereinafter referred to as "People's Bank Department" and "Banking Supervision Department" respectively) are responsible for the supervision and management of pre-sale funds of commercial banks within their respective jurisdictions.
The Ministry of Housing and Urban-Rural Development, the People's Bank of China and the Banking Supervision Department are collectively referred to as the "Supervision Department".
Article 3 A real estate development enterprise shall choose the commercial banking institution of the county (city) where the pre-sale of commercial housing projects belongs as the supervision bank, set up a supervision account for the pre-sale funds of commercial housing projects according to the parcel, and shall not sign a supervision agreement for the pre-sale funds with different supervision banks according to the pre-sale batches.
For the pre-sale projects of commercial housing in the administrative areas of Haishu District, Jiangbei District and Yinzhou District, a commercial banking institution can be selected as the supervision bank in these three administrative areas.
If a commercial bank has no branches in the county (city) where the pre-sale project of commercial housing is located, the real estate development enterprise may choose the municipal institution of the commercial bank in this city as the supervision bank, and the municipal institution of the commercial bank shall perform the supervision duties of the pre-sale funds of commercial housing, and shall not entrust or assign the supervision duties to other institutions.
Article 4 The project cost shall be determined according to the total amount of the project budget list provided by the real estate development enterprise, and shall be compiled by a cost consulting institution with professional qualifications and signed and sealed, but the comprehensive cost of the unit Jian 'an project shall not be lower than the standard published by the municipal housing and construction department.
The project cost of fully renovated residential commercial housing projects should include the renovation project cost declared by the enterprise.
Article 5 When a real estate development enterprise signs a mortgage loan cooperation agreement with a mortgage bank, it shall be clearly stipulated that the mortgage loan must be directly transferred to the project pre-sale fund supervision account. Real estate development enterprises should upload the mortgage loan cooperation agreement and the pre-sale fund supervision agreement to the pre-sale fund supervision system for the record.
When applying for the pre-sale permit of commercial housing, a real estate development enterprise shall submit the text of the pre-sale fund supervision agreement and the mortgage loan cooperation agreement to the local housing construction department.
Article 6 Before issuing the pre-sale permit for commercial housing, the local housing construction department shall check the project cost budget list of commercial housing projects, the pre-sale fund supervision agreement and the mortgage loan cooperation agreement, and convene relevant departments, real estate development enterprises, construction general contractors, construction supervision units, supervision banks and mortgage banks with cooperative intentions to make a written record of the pre-sale fund supervision matters and related responsibilities of commercial housing projects.
If a real estate development enterprise increases or adjusts the mortgage cooperative bank in the sales process, it shall inform the local housing construction department in writing within three working days after signing the mortgage cooperation agreement or adjusting it. If a new mortgage loan cooperative bank is added, the real estate development enterprise shall upload the mortgage loan cooperation agreement to the pre-sale fund supervision system for the record.
Article 7 A real estate development enterprise shall publicize the registered pre-sale fund supervision agreement, supervision bank, supervision account, mortgage bank and supervision report telephone number at the sales site.
Eighth pre-sale down payment, installment payment, one-time payment, bank mortgage loans, housing provident fund loans should be deposited in the pre-sale fund supervision account.
Real estate development enterprises that use POS machines to collect advance payment can only use POS machines bound by supervision accounts. The supervision bank shall cooperate with and assist the real estate development enterprises to collect the house payment. Regulatory banks should conduct irregular inspections on regulatory projects and master the sales situation of regulatory projects.
The real estate development enterprise shall submit a reconciliation list including the contract number, the receivable amount of online signing and the paid-in amount of online signing. Go to the supervision bank (see annex for the list style), and the supervision bank will check the total amount and stamp the total amount of the house payment for confirmation. When a real estate development enterprise applies for the record of the pre-sale contract of commercial housing, it shall submit the reconciliation list confirmed by the regulatory bank.
The mortgage bank shall submit a list of mortgage loans to the regulatory bank on a monthly basis (see Annex for the list style), and shall not transfer the mortgage loans into the non-pre-sale fund regulatory account.
The supervision bank shall establish a fund entry ledger according to the pre-sale contract number of commercial housing, track and supervise the transfer of mortgage loans into the pre-sale fund supervision account, and summarize the pre-sale down payment, one-time payment and housing loan receipt of supervision projects on a monthly basis.
Article 9 The scope of supervision funds for the pre-sale of commercial housing is 130% of the project cost. If there is a land mortgage loan in the supervision project, the principal and interest of the land mortgage loan will also be included in the supervision scope. Pre-sale supervision funds are divided into key supervision funds and general supervision funds.
The key supervision funds shall be subject to dynamic supervision. The amount of key supervision funds is the sum of 130% of the remaining project cost and the principal and interest balance of land mortgage loan from each payment point of pre-sale supervision funds to the time when the delivery conditions of commercial housing are met.
General supervision funds refer to pre-sales supervision funds that exceed the amount of key supervision funds.
Article 10 A real estate development enterprise may replace the same amount of supervision funds with a unilateral irrevocable cash guarantee issued by a bank covering the construction period and the completion and delivery period of the pre-sale commercial housing project. The cash guarantee shall specify the payment terms and procedures.
Eleventh supervision of funds in accordance with the provisions of the pre-sale fund supervision agreement and these rules. The fund balance of the pre-sale fund supervision account shall not be less than the amount of key supervision funds stipulated in the second paragraph of Article 9 of these Rules.
The supervision bank shall pay the corresponding project funds according to the project progress certificate issued by the construction supervision enterprise. If the project payment is paid from the supervision fund of the pre-sale fund supervision account, the general construction contractor shall be the payee. The supervision bank shall sign and confirm the project payment by the real estate development enterprise, the general contractor and the construction supervision unit, and record it in the account of the general contractor with the invoice and relevant materials; If it is really necessary to transfer the money directly to the subcontractor's account, the invoice and related materials shall be signed by the general contractor for confirmation, and the subcontract shall be provided.
Payment of non-engineering funds from pre-sale supervision funds shall be signed by the real estate development enterprise, the payee and other relevant parties or paid by the supervision bank with invoices and relevant materials in accordance with relevant regulations. The total cumulative payment of non-project funds shall not exceed 20% of the project cost, and the return of loan funds that have been used for project funds does not belong to the payment of non-project funds.
Article 12 If the supervisory bank finds that the pre-sale funds are recorded abnormally, or the project amount applied by the real estate development enterprise is obviously inconsistent with the completed project amount or project progress, it shall urge the real estate development enterprise or the relevant mortgage bank to rectify and report to the supervisory department in time.
Thirteenth supervision of commercial housing projects have delivery conditions, real estate development enterprises with relevant supporting materials to the regulatory bank to cancel the supervision fund account application. If the land of the commercial housing supervision project has been mortgaged (excluding the mortgage of the project under construction), the real estate development enterprise shall apply for cancellation of the supervision fund account after the cancellation of the land mortgage.
The real estate development enterprise shall also submit an application for cancellation of the supervision fund account to the local housing and construction department.
Fourteenth real estate development enterprises in any of the following circumstances, by the local housing construction department interview enterprises, suspend online signing, and ordered rectification within a time limit; Refuse to rectify, recorded in the bad credit records of real estate development enterprises; Causing losses, bear corresponding legal responsibilities:
(1) failing to publicize the information specified in Article 7 of these Rules in a prominent position in the sales office;
(2) Failing to deposit the house payment into the pre-sale fund supervision account in time as required;
(3) Instructing or cooperating with mortgage banks to transfer commercial housing mortgage loans into non-pre-sale fund supervision accounts;
(four) providing false materials to apply for the allocation of commercial housing pre-sale supervision funds;
(five) other acts of evading the supervision of commercial housing pre-sale funds in disguise.
Article 15 Where a general construction contractor, subcontractor or project supervision unit conceals or fabricates facts or issues false certification materials to obtain or assist real estate development enterprises to obtain pre-sale supervision funds, the local housing and construction department shall handle it according to the regulations and record it in the bad credit record of the construction industry; If losses are caused, they shall bear corresponding legal responsibilities.
Sixteenth commercial banks in any of the following circumstances, the regulatory authorities shall order rectification; If the circumstances are serious or cause serious consequences, administrative punishment, suspension of some business and other regulatory measures shall be taken in accordance with relevant regulations; Causing losses, bear corresponding legal responsibilities:
(1) The regulatory bank fails to control the actual amount of key regulatory funds as required;
(two) to supervise the bank to allocate funds without authorization, or to assist real estate development enterprises to misappropriate the pre-sale funds of commercial housing;
(three) the mortgage bank fails to transfer the pre-sale funds into the supervision account according to the regulations.
Seventeenth the establishment of commercial housing pre-sale funds supervision system, the implementation of network management of commercial housing pre-sale funds. The network system of commercial banks should be connected with the supervision system to ensure the real-time transmission of supervision information and provide corresponding financial services. The supervision department should actively use the supervision system to strengthen the supervision and management of fund supervision.
Eighteenth buyers should actively safeguard their legitimate rights and interests, cooperate with the regulatory authorities, banks, housing provident fund management departments, the pre-sale funds into the regulatory account.
Article 191October 20191kloc-0/5, the project applying for the pre-sale permit of commercial housing shall be implemented in accordance with these detailed rules.
Measures of Ningbo Municipality on the Supervision of Transaction Funds of Stocking Houses (for Trial Implementation)
Article 1 In order to further standardize the behavior of the stock housing market in our city, prevent and reduce the risks of real estate transactions, and safeguard the legitimate rights and interests of buyers and sellers, according to the Opinions of the Ministry of Housing and Urban-Rural Development and other departments on Strengthening the Management of Real Estate Intermediaries to Promote the Healthy Development of the Industry (J&F [20 16] 168), Notice on Standardizing Housing Financing and Strengthening Anti-Money Laundering (J.F. [2017] No.215), Guiding Opinions on Further Standardizing and Strengthening the Filing Work of Housing Online Sign (J.F. [20 18] 128) and Strengthening Real Estate Brokers.
Second city housing and urban construction administrative departments responsible for the supervision and guidance of the city's stock housing transaction funds; Counties (cities), development zones, housing and urban construction administrative departments (hereinafter referred to as "local housing and urban construction departments") are specifically responsible for the supervision and management of stock housing transaction funds within their respective jurisdictions.
Ningbo Central Sub-branch of the People's Bank of China, Ningbo Banking Insurance Supervision Branch and district and county (city) offices (hereinafter referred to as "People's Bank Department" and "Banking Insurance Supervision Department" respectively) are responsible for the supervision and management of commercial banks in their respective jurisdictions to carry out the supervision and management of trading funds for stock houses.
The Ministry of Housing and Urban-Rural Development, the People's Bank of China and the Banking Supervision Department are collectively referred to as the Supervision Department.
Article 3 These Measures shall apply to the transaction of stock houses on state-owned land in this Municipality and the supervision of transaction funds.
Article 4 The term "supervision funds for stock house transactions" as mentioned in these Measures refers to the purchase price (including one-time payment, installment payment, down payment, mortgage loan, etc.). ) It is agreed by both parties in the stock house sales contract that whether the down payment, taxes and real estate brokerage commission involved in the transfer of the stock house are included in the fund supervision is up to both parties.
Article 5 When a real estate brokerage agency facilitates a stock house transaction, the parties to the transaction shall choose the corresponding commercial banking institution (hereinafter referred to as the regulatory bank) to supervise the stock house transaction funds. Real estate brokerage institutions and their employees shall not directly or indirectly collect the transaction funds of escrow houses.
The parties can voluntarily choose whether to supervise the transaction funds of their own stock house transactions.
Article 6 When both parties to a transaction that adopts fund supervision sign a stock house sale contract online, they shall agree to pay the house price by means of fund supervision. If the buyer needs to apply for a personal commercial loan when buying a house, the loan bank and the supervision bank should be the same bank, and apply for the loan intention from the loan bank after completing the online contract signing; Apply for housing provident fund loan, and submit the application for housing provident fund loan after signing the contract online.
The loan bank and the housing provident fund management department shall clarify the loan intention or complete the loan approval within seven working days after accepting the buyer's loan application; To apply for a portfolio loan, the loan intention should be clear and the loan approval should be completed within nine working days, and the results should be informed to the applicant in time.
Article 7 When a buyer of self-trading stock houses applies for individual housing loans (including housing provident fund loans), the loan bank or the housing provident fund loan undertaking bank shall remind the parties to supervise the trading funds and remind them of the risks of self-delivery.
Buyers who apply for individual housing loans (including housing provident fund loans) must obtain the loan intention of the loan bank or complete the approval of housing provident fund loans before going through the subsequent transaction procedures.
Article 8 Both parties to a transaction shall sign a transaction fund supervision agreement with the supervision bank, and make specific agreements on the basic information of the transaction, the supervision scope and amount of the transaction funds, the opening of the supervision account, the supervision period, the time when the funds arrive, the interest, the transfer of funds, the transfer of funds when the transaction is terminated or the agreement is terminated, the responsibility of the supervision bank, and the liability for breach of contract.
Article 9 The parties to a transaction shall take the personal settlement account opened in the supervision bank as the supervision account of transaction funds, and the supervision bank shall freeze and manage the funds in the account, and the funds shall be deposited and transferred through this account. During the supervision period, both parties shall keep the above accounts in a normal state.
The ownership of capital interest generated during the existence of the supervision account shall be agreed by both parties to the transaction.
Article 10 Both parties to the transaction shall, within five working days after the buyer obtains the loan intention of the loan bank and completes the examination and approval of the housing provident fund loan, complete the tax payment and apply to the real estate registration agency for real estate registration. If not, you need to re-apply for loan intention and housing provident fund loan approval.
Eleventh supervision banks should apply for the right to use the real estate supervision service platform, and operate in strict accordance with the platform use norms; When handling fund supervision and loan business, the online signing contract should be used as the audit basis; Immediately transfer trading funds in strict accordance with the fund supervision agreement.
The supervision bank shall provide free services for the parties to the stock house transaction.
Twelfth in the process of stock housing transactions, the parties to the transaction should fully understand the trading risks and the regulatory content of trading funds.
Real estate brokerage institutions and their employees shall inform the parties of the relevant contents of fund supervision when providing online signing service for the sale contract of stock houses, and assist the parties to sign a fund supervision agreement with the supervision bank.
Article 13 The supervisory department and the supervisory bank shall establish an information exchange mechanism, and realize the sharing of information such as housing information inquiry, online signing of supervision agreement on stock house transaction funds, loan business handling and supervision fund transfer through the real estate market supervision service platform.
Article 14 A supervisory bank shall not commit any of the following acts in the process of providing transaction fund supervision services:
(1) Failing to apply for loan intention according to Article 6 of these Measures;
(2) Failing to remind the parties concerned to handle the supervision of transaction funds in accordance with the provisions of Article 7 of these Measures, and prompting the risk of self-delivery of house payment;
(3) Failing to sign a fund supervision agreement with both parties to the transaction in accordance with the provisions of Article 8 of these Measures;
(4) Failing to perform the agreement in accordance with the fund supervision agreement.
(5) Failing to operate in accordance with the usage norms of the supervision service platform;
(six) in violation of the provisions of the second paragraph of article eleventh of these measures, collecting the supervision service fee for handling funds.
In violation of the provisions of the supervision of funds, the regulatory authorities shall order rectification; If the circumstances are serious or cause serious consequences, administrative punishment, suspension of some business and other regulatory measures shall be taken in accordance with relevant regulations; If losses are caused, they shall bear corresponding legal responsibilities.
Fifteenth real estate brokerage institutions and their employees in the process of providing brokerage services, shall not have the following acts:
(1) Failing to inform both parties of the relevant contents of fund supervision in time;
(two) in violation of the provisions of the first paragraph of Article 5 of these measures, directly or indirectly collect the transaction funds and deposit of the escrow house;
(3) collecting agency service fees in the name of fund supervision or loan approval;
(4) designating a supervisory bank without the consent of both parties to the transaction.
In violation of relevant regulations, the local housing construction department will interview the person in charge of the brokerage institution and order it to make rectification within a time limit; Refusing to make rectification or rectification does not meet the requirements, the online signing will be suspended and recorded in the bad credit records of real estate brokerage institutions and their employees. If the circumstances are serious, the right to use the supervision service platform and the qualification of the brokerage institution for filing shall be cancelled; If losses are caused, they shall bear corresponding legal responsibilities.
Article 16 These Measures are from the Notice of 20 19 1 15+0 (J.J.F. [2010] No.90) and the Notice of Further Strengthening the Custody Service of Stock House Trading Funds (J.J.F.).