What are the restrictions for foreigners to invest in office buildings or shops in China?

Guangzhou regulates and upgrades, prohibiting foreigners and compatriots from Hong Kong, Macao and Taiwan from buying non-residential real estate.

Notice on further standardizing the management of purchasing houses by overseas institutions and individuals

F.J. [20 10]No. 186

Department of Housing and Urban-Rural Development of all provinces and autonomous regions, and Municipal Construction Committee (Real Estate Bureau); Branches and foreign exchange administrations of the State Administration of Foreign Exchange in all provinces, autonomous regions and municipalities directly under the Central Government, and branches in Shenzhen, Dalian, Qingdao, Xiamen and Ningbo; Head office of designated Chinese-funded foreign exchange banks:

In order to implement the Notice of the State Council on Resolutely Curbing the Excessive Rise of Housing Prices in Some Cities (Guo Fa [2065 438+00] 10), the Opinions on Regulating the Access and Management of Foreign Investment in the Real Estate Market (J.J. [2006] 17 1 0) will be strengthened for supervision and further standardization.

1. Overseas individuals can only buy 1 house for self-occupation in China. Overseas institutions that set up branches and representative offices in China can only purchase non-residential houses needed for office work in registered cities. Except as otherwise provided by laws and regulations.

Two, local real estate departments in handling overseas individual commercial housing pre-sale contract filing and housing property registration, in addition to reviewing the "urban commercial housing pre-sale management approach" and "housing registration approach" provisions of the materials, to verify the purchase of housing ownership, but also review:

1, the certificate issued by the relevant departments that overseas individuals (excluding Hong Kong, Macao and Taiwan residents and overseas Chinese) have worked in China for more than 1 year; Certificates of Hong Kong, Macao and Taiwan residents and overseas Chinese working, studying and staying in China.

2. There is no written commitment of other houses in China under the name of overseas individuals.

Three, the local real estate departments in handling overseas institutions commercial housing pre-sale contract filing and housing property registration, in addition to the inspection of the "urban commercial housing pre-sale management approach", "housing registration approach" provisions of the materials and verify the purchase situation, but also should check:

1. Approval documents and registration certificates of relevant departments for establishing branches and representative offices in China.

2. The house purchased by overseas institutions is a written commitment required for actual office work.

Four, overseas institutions and individuals to apply for the purchase of foreign exchange settlement, should be strictly in accordance with the "Notice on regulating the management of foreign exchange in the real estate market" (Huifa [2006] No.47).

When handling the purchase and settlement of foreign exchange for applicants, designated foreign exchange banks shall strictly examine the application materials submitted by overseas institutions and individuals. For those who meet the requirements, the designated foreign exchange banks shall immediately register direct investment in the foreign exchange management information system of the foreign exchange bureau in strict accordance with the relevant regulations after handling the purchase and settlement of foreign exchange for the applicants.

Five, local real estate departments and foreign exchange management departments should strengthen the publicity of relevant laws, regulations and policies, and urge real estate sales agencies, real estate brokerage agencies and personnel to inform overseas institutions and individuals of laws, regulations and policies, and make necessary risk warnings.

Six, all provinces, autonomous regions, housing and urban-rural development department, municipal construction committee (real estate bureau), branches of the State Administration of foreign exchange, foreign exchange management department, designated foreign exchange banks should forward this notice as soon as possible, and guide and supervise the implementation. Local real estate departments and foreign exchange management departments should strengthen coordination, timely exchange information on foreign exchange purchase and settlement by overseas institutions and individuals, form a joint force of supervision, and further strictly and standardize the management of foreign exchange purchase by overseas institutions and individuals.

Ministry of housing and urban-rural development of the people's Republic of China

State Administration of Foreign Exchange

20 10 year 1 1 month 4th

Attachment:

Opinions of the Ministry of Construction and other six departments on regulating the access and management of foreign capital in the real estate market

F.J. [2006] 17 1

People's governments of all provinces, autonomous regions and municipalities directly under the Central Government, ministries and commissions and institutions directly under the State Council:

Since the beginning of this year, foreign investment in China's real estate sector has grown rapidly, and overseas institutions and individuals have also actively purchased real estate in China. In order to promote the healthy development of the real estate market, with the consent of the State Council, we hereby put forward the following opinions on regulating the access and management of foreign capital in the real estate market:

The first is to standardize the market access of foreign real estate.

(1) Overseas institutions and individuals investing in the purchase of non-self-use real estate in China shall follow the principle of commercial existence and apply for the establishment of foreign-invested enterprises in accordance with the relevant provisions on foreign investment in real estate; Only after the approval of the relevant departments and the relevant registration can we engage in relevant business in accordance with the approved business scope.

(2) When a foreign investor establishes a real estate enterprise with a total investment of more than US$ 6.5438+million (including US$ 6.5438+million), the registered capital shall not be less than 50% of the total investment. If the total investment is less than100000 USD, the registered capital shall still be implemented according to the current regulations.

(3) The establishment of a foreign-invested real estate enterprise shall be approved by the competent department of commerce and the administrative department for industry and commerce according to law, and the registration formalities shall be completed, and the approval certificate and business license of the foreign-invested enterprise shall be issued for one year. After paying the land use right transfer fee, the enterprise shall apply to the land management department for the State-owned Land Use Certificate with the above license, and renew the Approval Certificate for Foreign-invested Enterprises to the competent commerce department according to the State-owned Land Use Certificate, and then renew the business license with the same operating period as the Approval Certificate for Foreign-invested Enterprises to the administrative department for industry and commerce, and go through tax registration with the tax authorities.

(4) The transfer of equity and projects of foreign-invested real estate enterprises and the merger and acquisition of domestic real estate enterprises by foreign investors shall be examined and approved by the competent commercial authorities in strict accordance with relevant laws, regulations and policies. Investors should submit the Performance Guarantee for the Assignment Contract of State-owned Land Use Right, the Construction Land Planning Permit, the Construction Project Planning Permit, the State-owned Land Use Certificate, the Construction (Real Estate) Department Change Filing Certificate and the relevant tax payment certification materials issued by the tax authorities.

(5) If an overseas investor acquires a domestic real estate enterprise through equity transfer, or acquires the Chinese equity through joint venture, it shall properly arrange employees, handle bank debts, and pay all the transfer money in one lump sum with its own funds. Foreign investors with bad records are not allowed to carry out the above activities in China.

Two. Strengthen the management of real estate development and operation of foreign-invested enterprises

(6) Foreign investors who invest in real estate without obtaining the approval certificate and business license of foreign-invested enterprises shall not engage in real estate development and business activities.

(7) If the registered capital of a foreign-invested real estate enterprise has not been paid in full, or the state-owned land use certificate has not been obtained, or the capital of the development project has not reached 35% of the total investment of the project, it shall not apply for domestic and foreign loans, and the foreign exchange administration department shall not approve the foreign exchange loan settlement of the enterprise.

(8) Chinese and foreign investors in foreign-invested real estate enterprises shall not enter into clauses in contracts, articles of association, equity transfer agreements and other documents to guarantee fixed returns or disguised fixed returns in any form.

(9) Foreign-invested real estate enterprises shall abide by the laws, regulations and policies related to real estate, and strictly implement the terms stipulated in the land transfer contract and the approval of planning permission. Relevant departments should strengthen supervision over the development and sales of foreign-invested real estate enterprises, and severely investigate and deal with illegal acts such as hoarding land and houses and driving up housing prices according to document No.37 [2006] issued by the State Council and other relevant regulations.

Third, strictly manage the purchase of houses by overseas institutions and individuals.

(10) Branches and representative offices established in China by overseas institutions (except enterprises approved to engage in real estate business) and overseas individuals who have worked and studied in China for more than 1 year may purchase self-occupied and self-occupied commercial houses that meet the actual needs, and may not purchase non-self-occupied and non-self-occupied commercial houses. Overseas institutions that have not established branches or representative offices in China and overseas individuals who have worked and studied in China for less than one year are not allowed to buy commercial housing. Hong Kong, Macao and Taiwan residents and overseas Chinese can buy a certain area of self-occupied commercial housing in China because of their living needs.

(11) Overseas institutions and individuals who meet the requirements to purchase self-occupied or self-occupied commercial housing must adopt the real-name registration system and go through the corresponding land use right and housing property registration procedures with valid certificates to the competent departments of land and real estate (overseas institutions should hold the certificates approved by the relevant departments of the Chinese government to set up their institutions in China, and overseas individuals should hold the certificates approved by the Chinese government to work and study in China, the same below). The real estate property registration department must handle the property registration of overseas institutions and individuals in strict accordance with the principle of self-use and self-occupation, and refuse to register those who do not meet the conditions.

(12) The foreign exchange administration department shall, in strict accordance with the relevant provisions and the requirements of this opinion, review the remittance and settlement of funds purchased by foreign-invested enterprises, overseas institutions and individuals, and allow them to meet the conditions; Renminbi funds obtained from the transfer of related real estate can only be purchased and remitted after the examination and confirmation of tax payment by economic and trade supervision in accordance with regulations.

The fourth is to further strengthen and implement regulatory responsibilities.

(thirteen) the people's governments of all regions, especially cities, should earnestly shoulder their responsibilities, attach great importance to the problems that may arise from the current foreign investment in the real estate market, further strengthen their leadership and implement their supervisory responsibilities. All localities are not allowed to introduce preferential policies for foreign-invested real estate enterprises without authorization, and those that have been introduced should be rectified and corrected. The Ministry of Construction, the Ministry of Commerce, the Development and Reform Commission, the Ministry of Land and Resources, the People's Bank of China, the State Administration of Taxation, the State Administration for Industry and Commerce, the China Banking Regulatory Commission, the Foreign Exchange Bureau and other relevant departments should formulate relevant operating rules in a timely manner, and strengthen the guidance, supervision and inspection on the implementation of foreign investment access and management policies in the real estate market. Investigate and deal with illegal acts such as arbitrarily reducing the ratio of registered capital of enterprises to project capital, and so on. At the same time, it is necessary to further intensify the investigation and punishment of illegal cross-border real estate transactions and exchange violations.

(fourteen) improve the market monitoring and analysis mechanism. The Ministry of Construction, the Ministry of Commerce, the Bureau of Statistics, the Ministry of Land and Resources, the People's Bank of China, State Taxation Administration of The People's Republic of China, the State Administration for Industry and Commerce, the foreign exchange bureau and other relevant departments should establish and improve the information monitoring system of foreign investment real estate market and improve the foreign real estate information network. Relevant departments should strengthen coordination and cooperation, strengthen the monitoring of cross-border capital flows, and realize the sharing of foreign-related real estate statistical information as soon as possible.

Ministry of Construction

Board of Trade

National Development and Reform Commission (NDRC)

People's Bank of China

State Administration for Industry and Commerce (SAIC)

State Administration of Foreign Exchange

July 2006 1 1 day