To the competent commerce departments of all provinces, autonomous regions, municipalities directly under the Central Government, and cities separately designated in the State plan, and the competent commence department of the Xinjiang Production and Construction Corps, Harbin, Changchun, Shenyang, Jinan, Nanjing, Hangzhou, Guangzhou, Wuhan, Chengdu and Xi'an,
In recent years, relevant departments of the State Council have issued a series of policies and provisions in succession to regulate the entry of foreign investment into the real estate market and the related administration tasks. With a view to enforcing the requirements of relevant documents of the State Council, and ensuring the effectiveness of real estate regulation policies, issues concerning the examination and approval, record-filing and regulation of foreign investment in real estate enterprises are hereby notified as follows:
In recent years, relevant departments of the State Council have issued a series of policies and provisions in succession to regulate the entry of foreign investment into the real estate market and the related administration tasks. With a view to enforcing the requirements of relevant documents of the State Council, and ensuring the effectiveness of real estate regulation policies, issues concerning the examination and approval, record-filing and regulation of foreign investment in real estate enterprises are hereby notified as follows:
各省、自治區、直轄市、計劃單列市及新疆生產建設兵團、哈爾濱、長春、沈陽、濟南、南京、杭州、廣州、武漢、成都、西安商務主管部門:
近年來,為規范房地產市場外資準入和管理,國務院有關部門陸續發布了一系列政策規定。為貫徹落實國務院有關文件要求,確保房地產調控政策取得實效,現就外商投資房地產企業審批備案及監管有關事項通知如下:
1. Competent commerce departments of all regions shall effectively strengthen the examination of real estate projects with inflows of foreign exchange. When verifying the record-filing materials, the competent commerce departments at the provincial level shall focus on reviewing the completeness of the land-related documents, including supporting materials relating to land transactions submitted by project entities such as the contracts on the transfer of the right to use State-owned land as signed by and between the developers and the land administrative departments, and the certificates for the land-use right. Where the right to use State-owned land is not legally required to be transferred by bidding, auction or listing, supporting materials produced by land administrative departments to the effect that State land administrative provisions are complied with shall be submitted. The Ministry of Commerce (MOFCOM) shall make greater efforts in terms of the random inspection of the said materials.
一、各地商務主管部門要切實加強涉及外匯流入類房地產項目的審查。省級商務主管部門在核對備案材料時,重點應就土地文件的完整性進行復核,包括:項目單位提交的開發商與土地管理部門簽署的國有土地使用權出讓合同、土地使用權證等土地成交證明材料。法律規定無需采用招標拍賣掛牌出讓方式的,要提供由土地管理部門出具的符合國家土地管理規定的證明材料。商務部將在原有基礎上對上述材料加大抽查力度。
2. Competent commerce departments of all regions shall, in conjunction with the relevant local departments, strengthen the monitoring over cross-border investment and financing activities, and vigorously guard against the risks of the real estate market to curb speculative investment. Domestic real estate enterprises established with overseas capital shall not engage in arbitrage by way of purchasing or selling real estate projects already built or under construction within the territory of China. The MOFCOM shall, in conjunction with the Ministry of Housing and Urban-Rural Development, the State Foreign Exchange Administration (SAFE) and other relevant departments, conduct stringent examination of the record-filing materials of such projects.
二、各地商務主管部門要會同當地有關部門加強對跨境投融資活動的監控以及對房地產市場風險的防范,抑制投機性投資。對境外資本在境內設立房地產企業,不得通過購買、出售境內已建/在建房地產物業進行套利。商務部將會同住房城鄉建設部、外匯局等有關部門對此類項目備案材料嚴格審查。
3. Competent commerce departments of all regions shall carry out examination and approval in strict accordance with the various provisions on the establishment of investment-oriented companies by foreign investors, and shall not examine and approve investment-oriented companies involved in real estate development and operation business.
三、各地商務主管部門要嚴格按照外商投資設立投資性公司的各項規定開展審批工作,不得審批涉及房地產開發經營業務的投資性公司。
4. Competent commerce departments of all regions shall, in conjunction with the bureaus of the SAFE and other relevant departments, carefully screen and rigorously examine real estate enterprises engaging in round-tripping investment, and strictly control the establishment of domestic real estate enterprises by way of round-tripping investment.
四、各地商務主管部門要會同外匯局等有關部門認真甄別、嚴格審核返程投資類房地產企業,嚴格控制以返程投資方式設立境內房地產企業。
5. As regards real estate projects newly set up or injected with more capital by way of merger and acquisition or equity contribution, examination and approval thereof shall be further regulated, and the pertinent data further verified. As appropriate, the MOFCOM shall, in conjunction with relevant departments, carry out statistical supervision and inspection over the data on the actual use of foreign investment in such manner.
五、進一步加強對并購、股權出資等方式新設/增資的房地產項目的審批監管和數據審核。商務部將會同有關部門對該類方式實際使用外資數據適時開展統計監督檢查。
6. Competent commerce departments at the provincial level shall strengthen their services and guidance for local investment introduction, actively develop green, energy-saving and environmentally-friendly buildings, and do a good job in the future examination and approval, record-filing and statistical compilation of foreign investment in real estate.
General Office of the Ministry of Commerce
November 22, 2010
November 22, 2010
六、省級商務主管部門要加強對當地招商引資工作的服務與指導，積極發展綠色節能環保建筑，認真做好今后外資房地產審批備案和統計工作。
商務部辦公廳
二〇一〇年十一月二十二日
