This English translation is for reference only. The Chinese version shall prevail in case of any inconsistencies.
Notice on Issuing the Measures for the Administration of Government-Subsidized Rental Housing in Guangdong-Macao In-Depth Cooperation Zone in Hengqin (for Trial Implementation)
All relevant departments,
The Measures for the Administration of Government-Subsidized Rental Housing in Guangdong-Macao In-Depth Cooperation Zone in Hengqin (for Trial Implementation)have been deliberated and approved by the Executive Committee of the Guangdong-Macao In-Depth Cooperation Zone in Hengqin, which are hereby issued for your conscientious implementation. Should any issues arise during implementation of these measures, please directly report the issues to the Urban Planning and Construction Bureau of the Cooperation Zone.
The Urban Planning and Construction Bureau of the Guangdong-Macao In-Depth Cooperation Zone in Hengqin
August 2, 2023
Normative Document No. 3/2023 by the Urban Planning and Construction Bureau
The Measures for the Administration of Government-Subsidized Rental Housing in Guangdong-Macao In-Depth Cooperation Zone in Hengqin
(for Trial Implementation)
Chapter I General Provinsions
Chapter II Planning and Construction
Chapter III Management and Operation of Investment Projects by the Executive Committee
Chapter IV Management and Operation of Market-Invested Projects
Chapter V Supervision and Management
Chapter VI Supplementary Provisions
Chapter I
General Provisions
Article 1.
Purpose and Basis
To further improve the housing system in the Guangdong-Macao In-Depth Cooperation Zone in Hengqin (hereinafter referred to as the “Cooperation Zone”), address housing difficulties faced by new urban residents, young people, and various talent groups employed in the Cooperation Zone and Macao, and accelerate the establishment of a new model for implementing the policy of “One Country, Two Systems”, as well as a new space that facilitates the living and employment of Macao residents, these Measures are formulated in accordance with the Opinions of the General Office of the State Council for Accelerating the Development of Government-Subsidized Rental Housing (No. 22 [2021] of the General Office of the State Council) and the Implementation Opinions of the General Office of the People’s Government of Guangdong Province for Accelerating the Development of Government-Subsidized Rental Housing(No. 39 [2021] of the General Office of the People’s Government of Guangdong Province).
Article 2.
Scope of Application
These Measures apply to the planning, construction, supply, supervision and management of government-subsidized rental housing within the Cooperation Zone.
Article 3.
Definition
The term “government-subsidized rental housing” referred to in these Measures means the housing supported by the Executive Committee of the Cooperation Zone (hereinafter referred to as the “Executive Committee”) through land, fiscal, tax, and financial policies. It involves multi-party investment, adheres to specific construction standards and rental price limits, and is rented to specific groups that meet the eligibility criteria.
Article 4.
Division of Responsibilities
The Urban Planning and Construction Bureau of the Cooperation Zone shall be the competent department for the construction and management of government-subsidized rental housing. The Bureau is responsible for researching and formulating relevant policies and plans, as well as coordinating the construction, operations, supervision and management of projects.
The Housing Security Task Force of the Cooperation Zone shall be established to coordinate the development of government-subsidized rental housing and enhance efforts in coordination, guidance, and supervision. The Housing Security Task Force of the Cooperation Zone shall be led by the Deputy Director of the Executive Committee responsible for this area, with the Head of the Urban Planning and Construction Bureau of the Cooperation Zone serving as the Deputy Leader. Member units include all working agencies of the Executive Committee as well as housing security service agencies.
Housing security service agencies in the Cooperation Zone shall be responsible for the distribution, operation, supervision, and other procedural, technical, and auxiliary work related to government-subsidized housing (including government-subsidized rental housing) in the Cooperation Zone.
Chapter II
Planning and Construction
Article 5.
Planning and Programs
The Urban Planning and Construction Bureau of the Cooperation Zone shall, in collaboration with the Economic Development Bureau, the Livelihood Affairs Bureau and the Statistics Bureau, take the lead in conducting surveys on the demand for government-subsidized rental housing, formulating development plans for government-subsidized rental housing, scientifically determining construction targets and annual plans, and disclosing them to the public after approval by the Executive Committee.
Land for government-subsidized rental housing shall primarily be allocated in areas of key industries and surrounding areas, close to rail transit stations and major traffic hubs. Adequate supporting infrastructure for education, healthcare, and transportation shall also be established.
Article 6.
Classification of Housing Sources
The construction of government-subsidized rental housing shall adhere to the principle of “whoever invests has the ownership”, and be classified into two types based on the investment entities: Executive Committee-funded housing and market-invested housing.
1. Executive Committee-funded housing: This type of government-subsidized rental housing shall be primarily constructed by the Executive Committee or its established agencies. The Executive Committee shall determine the price and the Urban Planning and Construction Bureau of the Cooperation Zone shall coordinate the allocation. It shall mainly serve new urban residents, young people, and various talent groups working in the Cooperation Zone.
2.Market-invested housing: This type of government-subsidized rental housing shall be primarily constructed by various market entities. The Executive Committee shall provide guidance for its market-oriented operation and it shall mainly serve new urban residents, young people, and various talent groups working in the Cooperation Zone and Macao.
Article 7.
Methods of Construction and Preparation
The sources of government-subsidized rental housing shall be primarily obtained through three methods: new construction, renovation, and revitalization of existing stock:
1.New construction projects mainly utilize newly supplied state-owned construction land, idle land owned by enterprises and public institutions, supporting land for industrial projects, and collective construction land for business purposes. If new construction projects involve adjustments to the nature of land use, floor area ratio, building density, building height, or other indicators, the relevant detailed regulatory plan must be adjusted according to procedures. If adjustments to the nature of land use are involved, a new land use permit must be obtained, clearly indicating the change of the land use to residential land (government-subsidized rental housing).
2. Renovation projects mainly involve the transformation of the idle and inefficiently used existing non-residential buildings, including commercial offices, hotels, factories, warehouses, scientific research and education facilities, and new industry buildings that have been legally constructed and registered for property rights within the Cooperation Zone.
3. Revitalization of existing stock projects mainly involve converting existing idle rental housing (including rural rental houses), apartments, staff dormitories and talent apartments into government-subsidized rental housing for use and management.
Government-subsidized rental housing projects shall not be used for non-government-subsidized rental housing purposes. During their period of use as government-subsidized rental housing, new construction and renovation projects shall not be divided, mortgaged, listed for sale, or sold through disguised means such as “rent-to-own”. However, government-subsidized rental housing projects can be legally mortgaged as a whole or transferred as a whole, and after the transfer, the nature of use as government-subsidized rental housing shall remain unchanged.
Article 8.
Project Standards
Government-subsidized rental housing projects shall meet the following standards:
1. Scale Standards. Government-subsidized rental housing shall focus on meeting basic residential needs and be concentrated rental housing. Each project shall consist of no fewer than fifty units, primarily small units with a building area of less than seventy square meters each unit. For special circumstances, the Housing Security Task Force of the Cooperation Zone shall study and report such circumstances to the Executive Committee for review.
2. Construction Standards. Government-subsidized rental housing is classified into dormitory-type and residential-type based on the users and functions. The standards of architectural planning, design, fire protection and safety shall comply with the provisions of the Notice by the General Office of the Ministry of Housing and Urban-Rural Development on Standards Applicable to the Construction of Concentrated Rental Housing (No. 19 [2021] of the Ministry of Housing and Urban-Rural Development).
3. Interior Design. Interior design shall take into account the needs of residents and ensure the provision of basic living conditions.
Article 9.
Project Approval
The government-subsidized rental housing in the Cooperation Zone shall implement a project approval system. Only after obtaining a certificate of approval for the government-subsidized rental housing project can the project be included in the standardized management of government-subsidized rental housing.
The property owner or operator of the revenue rights (hereinafter referred to as the “project entity”) shall submit a project construction plan when applying for a project and will be issued a certificate of approval for government-subsidized rental housing project after the joint review and approval by the relevant working agencies of the Executive Committee.
After the project entity obtains a certificate of approval for government-subsidized rental housing project, relevant working agencies of the Cooperation Zone shall handle procedures for project initiation, land use, planning, construction, fire safety, and other requirements, and the project shall be subjected to engineering quality and safety supervision. Detailed rules for project approval shall be formulated separately.
The Executive Committee of the Cooperation Zone shall have the final authority on the approval of government-subsidized rental housing projects and various specific plans.
Article 10.
Supportive Policies
Projects that obtain a certificate of approval for government-subsidized rental housing project may process relevant procedures with the certificate and enjoy the following policy supports:
1. Supportive policies as outlined in the Opinions of the General Office of the State Council for Accelerating the Development of Government-Subsidized Rental Housing (No. 22 [2021] of the General Office of the State Council), in accordance with relevant /regulations.
2. The tax and fee preferential policies specified in the Announcement of the Ministry of Finance, the State Taxation Administration and the Ministry of Housing and Urban-Rural Development on Improving the Relevant Tax Policies for Housing Rental(Announcement No. 24 [2021] of the Ministry of Finance, the State Taxation Administration and the Ministry of Housing and Urban-Rural Development), applicable while the project is used as government-subsidized rental housing.
3. Other preferential policies stipulated by the state, Guangdong province, and the Cooperation Zone.
Article 11.
Supply Conditions
Projects that have obtained a certificate of approval for government-subsidized rental housing project may be put into supply after meeting the following conditions:
1. New construction projects shall obtain a record certificate of completion; and renovation projects and revitalization of existing stock projects shall obtain a certificate of approval from the joint acceptance by relevant departments.
2. Acceptance inspections organized by the Urban Planning and Construction Bureau of the Cooperation Zone, in accordance with the standards specified in Article 8 of these Measures, shall be successfully passed.
Article 12.
Operation Period
The operation period of government-subsidized rental housing projects is calculated from the date when the supply conditions specified in Article 11 of these Measures are met and shall not exceed the approved duration of real estate use and the duration of the lease contract. Specifically, new construction projects of government-subsidized rental housing shall, in principle, remain under the management of government-subsidized rental housing; the operation period of renovation projects and revitalization of existing stock projects shall be no less than eight years in principle.
Article 13.
Project Termination
If there is a need to continue using the property of government-subsidized rental housing projects after the expiration of the initial operation period, the project entity shall submit a renewal application to the Urban Planning and Construction Bureau of the Cooperation Zone six months prior to the expiration. If the application is approved, a new certificate of approval for the government-subsidized rental housing project will be issued. If no application is submitted or the application is not approved, the projects will be automatically terminated.
Government-subsidized rental housing projects shall be reviewed every three years. If the projects no longer meet the construction standards for government-subsidized rental housing, they shall be rectified according to regulations. If the project entities refuse to rectify the projects or still fail to meet the standards after rectification, their projects shall be terminated in an orderly manner according to regulations.
Upon exiting from government-subsidized rental housing projects, the projects shall no longer enjoy the supportive policies for government-subsidized rental housing, and the issued certificates of approval for government-subsidized rental housing project shall be revoked. The project entity shall promptly report to the relevant working agencies, and the housing and utilities (water, electricity, etc.) shall be managed according to their original use.
Chapter III
Management and Operation of Investment Projects by the Executive Committee
Article 14.
Allocation Entities
Government-subsidized rental housing funded by the Executive Committee shall be processed batch-wise for supply and allocation according to the supply project. They shall be operated by the housing security service agencies of the Cooperation Zone or other operating institutions designated by the Executive Committee, and allocated after approval by the Urban Planning and Construction Bureau of the Cooperation Zone.
Article 15.
Target Beneficiaries
Government-subsidized rental housing funded by the Executive Committee mainly targets new urban residents, young people, and various talent groups working in the Cooperation Zone. Application methods include individual applications and unit group rentals.
For individual applications, the applicant’s parents, spouse, and children can be listed as co-applicants, and they shall simultaneously meet the following conditions:
1.The applicant must be at least eighteen years old.
2.The applicant must be paying social-security contributions regularly in the Cooperation Zone.
3.The applicant and co-applicants must not own any property in the Cooperation Zone.
4.The applicant and co-applicants must not simultaneously enjoy other housing security preferential policies in the Cooperation Zone. Those who have enjoyed other housing security preferential policies by the time of the implementation of these Measures may apply for government-subsidized rental housing after exiting their current housing (excluding economically affordable housing, public housing sold according to original housing reform policies, and housing that has been sold or transferred).
5. The applicant and co-applicants must not have been administratively punished or listed in a bad behavior record for violating national, provincial, or Cooperation Zone housing security laws and regulations within the past five years.
For unit group rentals, the applying unit must be enterprise, public institution or social organization that actually operates in the Cooperation Zone. The tenant must be employed by the applying unit and meet the individual application conditions mentioned above. For group rentals of government-subsidized rental housing funded by the Executive Committee, the Housing Security Task Force of the Cooperation Zone shall guide the Urban and Rural Planning and Construction Bureau in organizing the allocation based on comprehensive factors such as industrial policy orientation, social benefits, and social contributions.
Article 16.
Allocation Standards
The allocation standards for government-subsidized rental housing shall be reasonably controlled based on the total number of applicants and co-applicants and the supply-demand situation. Families of three or fewer and single individuals will generally be allocated two-bedroom units or smaller units, while families of four or more will generally be allocated three-bedroom units or smaller units. A family or an individual can only apply for one government-subsidized rental housing unit; special cases shall be decided by the Housing Security Task Force of the Cooperation Zone after deliberation.
With the approval of the Executive Committee or the certification by relevant functional agencies of the Cooperation Zone, the application conditions and allocation standards for talents may be appropriately relaxed, with specific conditions determined according to the allocation batch.
Article 17.
Rent Pricing
The rent for government-subsidized rental housing projects funded by the Executive Committee is determined based on various factors, including the rental affordability of the target groups, per capita disposable income levels, and the socio-economic development status. Generally, the rent shall not exceed 60% of the assessed rent for market rental housing of the same location and quality. The assessed rent for market rental housing shall be determined by professional agencies commissioned by the Urban Planning and Construction Bureau of the Cooperation Zone.
The annual rent increase for government-subsidized rental housing projects funded by the Executive Committee shall not exceed the rent increase for market rental housing of the same location and quality during the same period, and it shall not exceed 5%.
Article 18.
Allocation Procedure
For government-subsidized rental housing funded by the Executive Committee that is allocated to individuals, the allocation is carried out according to the following procedures:
1. Allocation Announcement. The housing security service platform of the Cooperation Zone will publish an allocation announcement, clarifying information such as housing types, housing scale, target beneficiaries, and allocation standards.
2. Application Submission. Applicants must submit relevant materials on the housing security service platform as required by the allocation announcement and sign a commitment letter for honest declaration.
3. Qualification Review. The Urban Planning and Construction Bureau of the Cooperation Zone will organize a qualification review according to the application conditions. The review results will be publicly announced on the housing security service platform. If there are no objections or the objections are deemed invalid after the public announcement period, the applicants will be confirmed as qualified applicants.
4. Housing Selection by Lot. The project operating unit will organize a lottery for housing selection for qualified applicants under the supervision of a notarization unit. The results of the housing selection will be publicly announced on the housing security service platform. Qualified applicants who do not win the lottery must reapply before the next batch of housing allocation, and these applications will be given weighted consideration during the lottery for housing selection of the next batch of housing allocation.
5. Move-in Procedures. After selecting the housing unit, the applicant and co-applicants shall complete the leasing procedures within the specified time, sign the lease contract with the project operating unit, and file with the designated information system. If an applicant who has been selected through the lottery does not proceed with the lease, or has proceeded but fail to sign the contract within the specified time for two or more times, they will be prohibited from applying for government-subsidized rental housing funded by the Executive Committee for a period of three years.
For government-subsidized rental housing funded by the Executive Committee that is allocated to units, the allocation is carried out according to the following procedures:
1. Allocation Announcement. An allocation announcement will be published on the housing security service platform, clarifying information such as housing types, housing scale, allocation standards, and distribution rules.
2. Application Submission. The employing unit, according to the announcement, shall collect the housing needs among employees who intend to apply for government-subsidized rental housing in advance. The employing units shall then submit the number of housing units they intend to apply for, proof of labor relations for the employees to be accommodated, allocation plans, and sign a commitment letter for honest declaration.
3. Qualification Review. The Urban Planning and Construction Bureau of the Cooperation Zone will organize a qualification review according to the application conditions, determine the units to be allocated and their quotas, and publicly announce the results on the housing security service platform after discussion and approval by the Housing Security Task Force of the Cooperation Zone.
4. Self-Allocation. If there are no objections or the objections are deemed invalid after the public announcement period, the employing unit will organize the housing selection by itself. The housing selection process must adhere to the principles of fairness, transparency, and equity, and the results must be reported to the Urban Planning and Construction Bureau of the Cooperation Zone for filing within the specified time.
5. Move-in Procedures. After completing the filing procedures, the employing unit will sign the lease contract with the project operating unit and move into the selected housing unit within the specified time.
Article 19.
Lease Duration
The lease duration for government-subsidized rental housing funded by the Executive Committee shall not exceed four years. The initial lease term shall not exceed two years, and the rent shall be paid according to the contractually agreed rental standard. If the applicant still meets the conditions upon expiration, they can apply for a renewal within three months before the expiration, with the renewal term not exceeding two years, and the rent for the renewal period shall be paid according to the rental standard of the renewal year. For those who have enjoyed other housing security preferential policies in the Cooperation Zone, the lease duration will be reduced based on the duration of the enjoyed preferential policies.
Article 20.
Rent Collection
The amount of rent collected for government-subsidized rental housing funded by the Executive Committee shall not exceed one month’s rent for a single payment, and the deposit amount shall not exceed one month’s rent.
Article 21.
Exit Regulations
If an applicant or co-applicant no longer meets the conditions for occupying government-subsidized rental housing, they shall proactively submit an exit application to the management and operation unit within three months. If they purchase their own property in the Cooperation Zone, they must proactively submit an exit application to the management and operation unit within one year after the property is delivered.
The management and operation unit shall complete the vacating procedures within ten working days upon receiving the application and legally reclaim the housing.
Chapter IV
Management and Operation of Market-Invested Projects
Article 22.
Allocation Entities
Market-invested government-subsidized rental housing shall be organized for rental operations by the construction and operation entity in accordance with the relevant provisions of these Measures.
The construction and operation entity must be the property owner of the project or a unit that has signed an agreement with the property owner to obtain complete rental operation rights and income rights.
The project operation plan must be filed with the Urban Planning and Construction Bureau of the Cooperation Zone and shall include necessary information such as the construction and operation entity, target beneficiaries, rent pricing, management fees, and allocation methods. Projects that have been in operation before the effectiveness of these Measures must submit their operational status.
Article 23.
Rent Pricing
The rent for market-invested government-subsidized rental housing shall be lower than the rent for market rental housing of the same location and quality. The construction and operation entity shall comprehensively determine the rent based on project costs and the benefits of applicable policies.
Article 24.
Rent Collection
The amount of rent collected for market-invested government-subsidized rental housing shall generally not exceed three months for a single payment, and the deposit amount shall not exceed one month’s rent.
If the rent collected in a single payment exceeds three months or the deposit collected in a single payment exceeds one month, the collected rent and deposit shall be included in an escrow account for housing rental fund established by the construction and operation entity in a commercial bank and used in accordance with regulations.
Article 25.
Operational Responsibilities
The construction and operation entity shall comply with the provisions of laws and regulations, adhere to various policy regulations, implement industry service standards, and provide tenants with a safe, comfortable, and sanitary living environment. The construction and operation entity shall undertake the following responsibilities:
1. Legally register as a market entity and complete business reporting or filing procedures;
2. Possess good property management capabilities and comply with national, provincial, and Cooperation Zone property management regulations;
3. Set up dedicated service personnel within the rental management scope, establish corresponding management service systems, and effectively manage the supply allocation of government-subsidized rental housing, contract signing, and operational management;
4. Establish an information registration book or registration system, and complete housing rental registration and filing within thirty days from the establishment or change of the rental relationship, ensuring safety management responsibilities are fulfilled;
5. Upload all housing source information of operational project to the designated information platform as required, update rental, tenant, and other operational information in real-time, and accept relevant guidance and inspections;
6. Fulfil other responsibilities as stipulated by relevant laws, regulations, and rules.
Chapter V
Supervision and Management
Article 26.
Usage Requirements
Government-subsidized rental housing shall be used for self-occupation.
Tenants shall use government-subsidized rental housing reasonably according to the contract. They shall not sublet, sublease, leave it idle without reason, arbitrarily change the structure or purpose of the housing, undertake unauthorized renovations, or use it for other business activities.
For unit group rentals, the rent charged by the unit to the tenant shall not exceed the project rent determined by the Executive Committee.
Article 27.
Supervision and Administration
The Housing Security Task Force of the Cooperation Zone shall strengthen the daily supervision and guidance of government-subsidized rental housing projects.
The Urban Planning and Construction Bureau of the Cooperation Zone shall enhance the research on government-subsidized rental housing policies, planning, and information disclosure, and establish mechanisms for project tracking, quality and safety checks, statistical analysis, joint reviews, and policy publicity.
The housing security service agency of the Cooperation Zone shall enhance the organization of government-subsidized rental housing records and information verification, and assist in handling reports, complaints, violations, and related matters.
Article 28.
Violation Disposal
For those who provide false materials to apply for construction or who use government-subsidized rental housing for non-government-subsidized rental housing purposes, subdivide, transfer, mortgage, list for sale, or engage in disguised sales through means like “rent-to-own”, or engage in new illegal construction, the relevant working agencies of the Cooperation Zone shall take legal action. This may include terminating the violation, demanding correction within a time period, and listing them as dishonest commercial entities. If illegal behavior is suspected, the relevant working agency of the Cooperation Zone shall file a case for investigation; if criminal conduct is suspected, the case shall be transferred to the competent authorities for handling.
If applicants or applying units commit fraud, provide false materials, or use bribery or other improper means to apply for government-subsidized rental housing, their application shall be rejected according to the law, and no other housing security applications will be accepted for a period of ten years from the date of application rejection.
If it is found that relevant parties have obtained government-subsidized rental housing through fraud, providing false materials, or using bribery or other improper means, in addition to the previous measures, the contract shall be terminated according to the agreement or legal circumstances, the housing shall be reclaimed, any rental concessions already implemented shall be recovered, and relevant responsibilities shall be pursued as per the contract agreement.
If the construction and operation entity fails to fulfill its responsibilities as stipulated, abuses its power, neglects its duties, or engages in favoritism or corruption, the Urban Planning and Construction Bureau of the Cooperation Zone shall order them to correct the situation within a specified time. If they refuse to correct it, the certificates of approval for government-subsidized rental housing project shall be revoked; If a crime is suspected, the case shall be transferred to the competent authorities for handling in accordance with the law.
If a tenant does not use the government-subsidized rental housing according to the provisions of Article 26 of these Measures, the construction and operation entity may terminate the contract and reclaim the rental housing according to the rental agreement or legal circumstances, and may request the tenant to bear liability for breach of contract as stipulated.
If an applicant or co-applicant no longer meets the requirements for moving into government-subsidized rental housing and fails to submit an exit application in a timely manner, the construction and operation entity may immediately terminate the lease contract of government-subsidized rental housing as per the agreement, reclaim the housing, and recover any rental concessions already implemented.
Chapter VI
Supplementary Provisions
Article 29.
Interpretation Authority
These measures shall be interpreted by the Urban Planning and Construction Bureau of the Cooperation Zone.
Article 30.
Implementation Date
These Measures shall come into effect on August 10, 2023, and remain valid for a period of three years.