Measures of Dalian Municipality on the Supervision of Real Estate Management

Article 1 In order to strengthen the supervision of real estate management and ensure the implementation of real estate management laws, regulations and rules, these Measures are formulated in accordance with the provisions of relevant laws and regulations. Article 2 These Measures shall apply to the implementation of real estate management and supervision within the urban planning area of Dalian. Article 3 The term "real estate management supervision" as mentioned in these Measures refers to the real estate administrative departments at all levels and their legally established real estate supervision institutions, which, within the scope of their management functions and powers, supervise and inspect the implementation of real estate management laws, regulations and rules, and deal with illegal acts according to law. Article 4 Citizens, legal persons and other organizations shall abide by real estate management laws, regulations and rules, accept real estate management supervision, and have the right to report violations of real estate management laws to real estate administrative departments and real estate supervision institutions. Article 5 Dalian Real Estate Administration Bureau is in charge of the real estate management and supervision in the whole city, and its subordinate Dalian Real Estate Supervision Brigade is specifically responsible for the real estate management and supervision in Zhongshan District, Xigang District, Shahekou District and Ganjingzi District. The real estate administrative departments of other counties (cities), Lushunkou District and Jinzhou District are responsible for the real estate management and supervision within their respective administrative areas, and their subordinate real estate supervision institutions are responsible for the specific real estate management and supervision, and accept the guidance of the municipal real estate supervision brigade in business. Article 6 Real estate supervision institutions shall supervise the following activities:

Housing and ancillary land transactions;

(2) Registration of house ownership;

(three) the use, repair and decoration of houses (including properties);

(4) House demolition;

(5) Collecting real estate management fees;

(six) other real estate management and supervision activities stipulated by laws, regulations and rules. Seventh real estate supervision institutions should be equipped with full-time real estate supervision personnel.

Real estate supervisors shall apply for and use administrative law enforcement certificates in accordance with the Interim Provisions on the Administration of Administrative Law Enforcement Certificates in Liaoning Province. Real estate supervisors should wear supervision signs when performing official duties. Eighth real estate supervision institutions and their supervisors shall enjoy the following rights when performing official duties of real estate management supervision:

(a) to enter the site for investigation or inspection in accordance with the provisions of laws and regulations;

(two) can ask the relevant personnel at the scene and record (shoot) images;

(three) can consult, read or copy the relevant information of the object under investigation;

(4) When necessary, it may issue a notice of real estate supervision to the supervised person, and the supervised person shall truthfully give a written reply to the real estate supervision institution within 10 days from the date of receiving the notice;

(5) Being able to stop the illegal act on the spot;

(6) Houses, building tools and building materials involved in illegal acts can be sealed up (detained) or evidence can be registered and preserved according to law;

(seven) other functions and powers as prescribed by laws, regulations and rules. Article 9 Real estate supervisors shall enforce the law impartially and shall not disclose cases and related confidential information to others. Those who have kinship or economic interests with the supervised person shall take the initiative to ask for withdrawal. Tenth real estate management supervision cases, which are illegal facts and have legal basis, can be handled on the spot. In addition, follow the following procedure:

Register. If there is a clear actor who violates the laws, regulations and rules of real estate management and belongs to the jurisdiction of this department, he shall be registered;

(2) investigation and evidence collection. When conducting an investigation or inspection, there shall be no less than two real estate supervisors. In the case that the evidence may be lost or difficult to obtain later, with the approval of the person in charge of the real estate administrative department, it may be registered and preserved in advance, and a decision shall be made in a timely manner within seven days. During this period, the supervised person or relevant personnel shall not destroy or transfer the evidence;

(3) handling.

1. If the illegal facts are unclear and the evidence is insufficient, it shall be revoked;

2, the illegal facts are clear, irrefutable evidence, should be subject to administrative punishment, the implementation of administrative punishment according to law;

3, illegal acts constitute a crime, handed over to judicial organs. Eleventh in violation of the laws, regulations and rules of real estate management in the activities listed in Article 6 of these measures, which should be given administrative punishment, the real estate administrative department may entrust the real estate supervision institution to implement administrative punishment within its statutory authority. Specifically, it shall be handled in accordance with the provisions of Dalian Municipality on the entrustment of administrative punishment.

The implementation of administrative punishment should strictly implement the provisions of the Administrative Punishment Law of the People's Republic of China. Twelfth real estate supervisors shall not obstruct or refuse to perform their supervisory duties according to law.

Obstructing real estate supervisors from performing their official duties shall be punished by public security organs in accordance with the Regulations of the People's Republic of China on Administrative Penalties for Public Security. If a crime is constituted, criminal responsibility shall be investigated by judicial organs according to law. Article 13 If the real estate supervisor fails to correct and deal with the illegal acts in time due to dereliction of duty, abuse of power, corruption and other reasons, resulting in heavy losses to the interests of the state and the people, the real estate administrative department shall give administrative sanctions; If a crime is constituted, criminal responsibility shall be investigated by judicial organs according to law. Article 14 These Measures shall be interpreted by Dalian Real Estate Management Bureau. Fifteenth these Measures shall come into force as of the date of promulgation.