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Notice of Guangzhou Municipal Planning and Natural Resources Bureau on Implementing the Conditional Acceptance System and the Notification and Commitment System for Real Estate Registration

Update:2020-09-01 Source: Guangzhou Municipal Planning and Natural Resources Bureau

To all parties concerned:

　　In order to continuously improve the business environment, further deepen reforms that delegate power, improve regulation and upgrade services, and reduce the required documents for real estate registration to enhance the convenience thereof, the conditional acceptance system and the notification and commitment system are hereby implemented for real estate registration in accordance with theOpinions on Accelerating the Optimization of the Business Environment by Promoting the Notification and Commitment System for Government Servicesissued by the Guangzhou Municipal Coordination Office for the Transformation of Government Functions and Administrative Decentralization Reforms (Sui Zhi Zhuan Ban Fa [2020] No. 1), the Dedicated Action Plan to Further Improve the Business Environment through Deeper Reforms to Real Estate Registration Services (Sui Gui Hua Zi Yuan Zi [2019] No. 53) and other applicable requirements. Relevant regulations are notified as follows:

　　1. Applicable Scope

　　1.1.Conditional Acceptance

　　1.1.1. For an application filed by an enterprise or collective economic organization for processing any item of real estate registration outlined in theList of Real Estate Registration Items Subject to the Conditional Acceptance System(Annex 1), if there arenon-critical documents missing or flaws innon-critical documents, the Real Estate Registry may accept the application on a conditional basis with a receipt for conditional acceptance issued, provided that the applicant undertakes to supplement the documents within ten working days with a written application. The applicant shall hand in relevant documents within the committed time frame.

　　Critical documents include documents supporting the source of title to real estate for initial registrations, those supporting relevant changes for registrations of change, those supporting the corresponding transfer for registrations of transfer, and those supporting items to be de-registered for de-registrations.

　　1.1.2. The conditional acceptance system does not apply to real estate registrations to be completed within 60 minutes.

　　1.2. Notification and Commitment

　　For an application filed by an enterprise for processing any item of real estate registration outlined in theList of Real Estate Registration Items Subject to the Notification and Commitment System(Annex 2), the applicant, upon producing a written commitment that the natural attributes of the real estate concerned are consistent with its existing condition, may be exempted from on-site inspection by the Real Estate Registry.

　　2. Application, Acceptance, and Processing

　　2.1. Application

　　When applying for relevant real estate registration, the applicant may opt for the conditional acceptance system and/or the notification and commitment system according to the applicable scope above, and submit the corresponding Commitment Letter (Annex 3 and/or Annex 4) along with other documents required under applicable laws and regulations on real estate registration.

　　2.2. Acceptance

　　The Registry shall, upon receipt of an application for real estate registration subject to the conditional acceptance system and/or the notification and commitment system, review whether the content of the Commitment Letter complies with regulations, whether the applicant's seal is complete, and other matters to be reviewed as per the requirements of applicable laws and regulations on real estate registration. If the Commitment Letter fails to meet applicable requirements, the applicant may be required to make supplements and amendments or the application may be rejected; if the Commitment Letter complies with applicable requirements, the application documents together with the Commitment Letter shall be received as registration documents for subsequent review and approval. The Commitment Letter shall be executed in duplicate, with one for the Registry and one for the applicant.

　　2.3. Processing

　　2.3.1. For an application received under the conditional acceptance system, if the enterprise or collective economic organization concerned fails to supplement relevant documents within the committed time frame, or the supplemented documents fail to meet applicable requirements, the Real Estate Registry shall promptly refuse to register.

　　2.3.2. For an application received under the notification and commitment system, if the applicant undertakes in written form that the natural attributes of the real estate concerned are consistent with its existing condition, the Registry may exempt the application from on-site inspection and decide to register it in accordance with the law. The Registry shall report the collected credit and commitment information to the Public Credit Information Management System of Guangzhou within seven working days of its decision to register, which shall be made public on the system.

　　3. Supervision Measures

　　3.1. Interim and Ex Post Supervision

　　Within three months of the approval of registrations under the notification and commitment system, the Real Estate Registry shall sample no less than 5% of them for on-site inspection to verify the consistency between the commitmentsand the existing condition of the real estates concerned.

　　In case of any false commitment of an enterprise found during an on-site inspection, the enterprise shall be legally liable therefor.

　　3.2. Punitive Measures

　　Any applicant who breaches a commitment, fails to fulfill a commitment, or makes a commitment inconsistent with the actual condition may be subject to the following punitive measures as the case may be:

　　3.2.1. For registrations under the conditional acceptance system, any enterprise or collective economic organization that breaches its commitment by failing to supplement documents within the committed time frame or providing non-compliant supplemented documents shall not be eligible for any future application of real estate registration under the conditional acceptance system.

　　3.2.2. If there is any registration error due to the breach of the notification and commitment system by an enterprise, but the applicant qualifies for correction of registration, the Registry shall immediately initiate the procedures for correction of registration to make corrections according to law, and the enterprise shall not be eligible for any future application of real estate registration under the notification and commitment system.

　　3.2.3. Within seven working days of the identification of a breach of commitment, the Registry shall, based on the principle of "whoever approves shall be responsible for the decision", report the information of the breach to the Public Credit Information Management System of Guangzhou, which shall be made public on the system.

　　3.2.4. If the breach of commitment by an enterprise constitutes a violation of public security administration provisions, the enterprise shall be subject to penalties imposed by the competent public security agency in accordance with the law; if the breach constitutes a crime, the enterprise shall be prosecuted by judicial authorities in accordance with the law; if the breach causes damage to others, the enterprise shall be liable for compensation.

　　4. Conditional Mechanism

　　For real estate registration cases subject to the conditional acceptance system or the notification and commitment system, except for cases where a real estate registry or any of its staff exploits such systems for personal gains, competent departments shall proceed with the application based on the "Three Distinctions" principle and applicable regulations on the conditional mechanism, and shall not impose penalties or initiate accountability procedures upon any incompleteness in respect of acceptance or review and approval.

　　5. Miscellaneous

　　This Notice shall come into force from the date of issuance. Any problem encountered during the course of implementation should be reported to the Guangzhou Real Estate Registration Center of Guangzhou directly.

　　It is hereby notified.

　　Annexes:

　　1. List of Real Estate Registration Items Subject to the Conditional Acceptance System

　　2. List of Real Estate Registration Items Subject to the Notification and Commitment System

　　3. Commitment Letter on (for the conditional acceptance system)

　　4. Commitment Letter on (for the notification and commitment system)

　　Guangzhou Municipal Planning and Natural Resources Bureau

　　August 21, 2020

　　Mode of disclosure:Proactive disclosure

Annex 1

　　List of Real Estate Registration Items Subject to the Conditional Acceptance System

S/N	Type	Name	Services applicable for the conditional acceptance system	Circumstances where applications may be conditionally accepted	Commitment
1	Administrative Confirmation	Real Estate Registration	Mortgage Registration (registration of change)	Missing non-critical documents or flaws in non-critical documents	Supplementing the missing non-critical documents by date
2			Mortgage Registration (initial registration)	Missing non-critical documents or flaws in non-critical documents	Supplementing the missing non-critical documents by date
3			Mortgage Registration (de-registration)	Missing non-critical documents or flaws in non-critical documents	Supplementing the missing non-critical documents by date
4			Mortgage Registration (registration of transfer)	Missing non-critical documents or flaws in non-critical documents	Supplementing the missing non-critical documents by date
5			Registration of Use Rights for State-Owned Construction Land (registration of change)	Missing non-critical documents or flaws in non-critical documents	Supplementing the missing non-critical documents by date
6			Registration of Use Rights for State-Owned Construction Land (initial registration)	Missing non-critical documents or in non-critical documents	Supplementing the missing non-critical documents by date
7			Registration of Use Rights for State-Owned Construction Land (de-registration)	Missing non-critical documents or flaws in non-critical documents	Supplementing the missing non-critical documents by date
8			Registration of Use Rights for State-Owned Construction Land (registration of transfer)	Missing non-critical documents or flaws in non-critical documents	Supplementing the missing non-critical documents by date
9			Registration of Use Rights for State-Owned Construction Land and Property Ownership (registration of change)	Missing non-critical documents or flaws in non-critical documents	Supplementing the missing non-critical documents by date
10			Registration of Use Rights for State-Owned Construction Land and Property Ownership (initial registration)	Missing non-critical documents or flaws in non-critical documents	Supplementing the missing non-critical documents by date
11			Registration of Use Rights for State-Owned Construction Land and Property Ownership (de-registration)	Missing non-critical documents or flaws in non-critical documents	Supplementing the missing non-critical documents by date
12			Registration of Use Rights for State-Owned Construction Land and Property Ownership (registration of transfer)	Missing non-critical documents or flaws in non-critical documents	Supplementing the missing non-critical documents by date
13			Registration of Use Rights for Collectively-Owned Construction Land (registration of change)	Missing non-critical documents or flaws in non-critical documents	Supplementing the missing non-critical documents by date
14			Registration of Use Rights for Collectively-Owned Construction Land (initial registration)	Missing non-critical documents or flaws in non-critical documents	Supplementing the missing non-critical documents by date
15			Registration of Use Rights for Collectively-Owned Construction Land (de-registration)	Missing non-critical documents or flaws in non-critical documents	Supplementing the missing non-critical documents by date
16			Registration of Use Rights for Collectively-Owned Construction Land (registration of transfer)	Missing non-critical documents or flaws in non-critical documents	Supplementing the missing non-critical documents by date
17			Registration of Use Rights for Collectively-Owned Construction Land and Ownership of Buildings and Structures (registration of change)	Missing non-critical documents or flaws in non-critical documents	Supplementing the missing non-critical documents by date
18			Registration of Use Rights for Collectively-Owned Construction Land and Ownership of Buildings and Constructions (initial registration)	Missing non-critical documents or flaws in non-critical documents	Supplementing the missing non-critical documents by date
19			Registration of Use Rights for Collectively-Owned Construction Land and Ownership of Buildings and Constructions (de-registration)	Missing non-critical documents or flaws in non-critical documents	Supplementing the missing non-critical documents by date
20			Registration of Use Rights for Collectively-Owned Construction Land and Ownership of Buildings and Constructions (registration of transfer)	Missing non-critical documents or flaws in non-critical documents	Supplementing the missing non-critical documents by date
21			Registration of Dissent	Missing non-critical documents or flaws in non-critical documents	Supplementing the missing non-critical documents by date
22			Registration of Dissent (de-registration)	Missing non-critical documents or flaws in non-critical documents	Supplementing the missing non-critical documents by date
23			Registration in Advance (change)	Missing non-critical documents or flaws in non-critical documents	Supplementing the missing non-critical documents by date
24			Registration in Advance (establishment)	Missing non-critical documents or flaws in non-critical documents	Supplementing the missing non-critical documents by date
25			Registration in Advance (de-registration)	Missing non-critical documents or flaws in non-critical documents	Supplementing the missing non-critical documents by date
26			Registration in Advance (transfer)	Missing non-critical documents or flaws in non-critical documents	Supplementing the missing non-critical documents by date

Annex 2

　　List of Real Estate Registration Items Subject to the Notification and Commitment System

S/N	Type	Name	Services applicable for the notification and commitment system	Conditions for the notification and commitment system	Commitment
1	Administrative Affirmation	Real Estate Registration	Mortgage Registration (initial registration)	For initial registration of a mortgage on construction work in process, if the applicant makes a commitment that the natural attributes of the real estate concerned are consistent with its existing condition, the Registry may exempt the application from on-site inspection (except those under pre-sale, and those subject to a new mortgage within the scope of the original mortgage after the cancellation of the original mortgage)	The natural attributes of the real estate concerned are consistent with its existing condition

Annex 3

　　Commitment Letter on

　　(for the conditional acceptance system)

　　　 , the undersigned enterprise (collective economic organization) applying for , hereby applies for conditional acceptance due to missing , and makes the following commitment therefor:

　　1. The content of the application is true; the application documents are true and valid.

　　2. The missing material(s) shall be submitted to the Real Estate Registry within the time frame of the conditional acceptance system by (DD/MM/YYYY).

　　3. This Commitment Letter and all filings made in response to the enquiry of the staff of the Registry are true and representative of the true and valid expression of the intention of the enterprise (collective economic organization). In case of any false statement, all legal liabilities arising therefrom shall be borne by the enterprise.

　　4. If the enterprise fails to fulfill the commitment, fails to submit documents as scheduled, or fails to submit compliant documents, it shall assume the following liabilities: (1) loss of eligibility for any future real estate registration under the conditional acceptance system, (2) the non-performance of commitment being made public, and (3) public security and criminal liabilities imposed for breach of commitment and compensation to others for damage caused by such breach.

　　By: (enterprise)

　　Date: DD/MM/YYYY

　　(Contact: Tel: )

Annex 4

　　Commitment Letter on

　　(for the notification and commitment system)

　　 , the undersigned enterprise with business license No. , hereby applies for , and make the following commitment therefor:

　　1. The content of the application is true; the application documents are true and valid;

　　2. The enterprise undertakes that the natural attributes of the real estate concernedare consistent with its existing condition;

　　3. This Commitment Letter and all filings made in response to the enquiry of the staff of the Registry are true and representative of the true and valid expression of the intention of the enterprise. In case of any false statement, all legal liabilities arising therefrom shall be borne by the enterprise.

　　4. If the enterprise fails to fulfill the commitment, fails to submit documents as scheduled, or fails to submit compliant documents, it shall assume the following liabilities: (1) loss of eligibility for any future real estate registration under the notification and commitment system, (2) the non-performance of commitment being made public, (3) public security and criminal liabilities imposed for breach of commitment and compensation to others for damage caused by such breach, and (4) legal liabilities due to the correction of real estate registration.

　　By: (enterprise)

　　Date: DD/MM/YYYY

Relevant rocuments