(Issued on January 19, 1999 in accordance with Decree No. 8 (1999) of the People’s Government of Guangzhou Municipality, amended for the first time on January 2, 2008 in accordance with Decree No. 3 of the People’s Government of Guangzhou Municipality, amended for the second time on September 30, 2015 in accordance with Decree No. 132 of the People’s Government of Guangzhou Municipality and amended for the third time on November 14, 2019 in accordance with Decree No. 168 of the People’s Government of Guangzhou Municipality)

　　Article 1     These Rules are formulated in accordance with the relevant regulations of the state, Guangdong Province and this Municipality, on the basis of the actual conditions of the Municipality and with a view to further deepening the reform of the housing system of this Municipality and regulating the transaction activities of the purchased public-owned housing.

　　Article 2     The term “purchased public-owned housing” herein refers to the public-owned housing that has been purchased by employees in accordance with the national housing system reform policy.

　　The term “transaction of purchased public-owned housing” herein refers to such behaviors as selling, exchanging and leasing of the purchased public-owned housing in accordance with the law.

　　The mortgage and gifting of purchased public-owned housing are included into the scope of transaction management.

　　Article 3     These Rules are applicable to the transactions of the purchased public-owned housing in the administrative areas of Yuexiu, Haizhu, Liwan, Tianhe, Huangpu, Baiyun and Nansha Districts in this Municipality.

　　Article 4     The municipal housing management authority shall be the competent authority for the transaction of purchased public-owned housing, and shall be responsible for organizing the implementation of these Rules.

　　Article 5     Purchased public-owned housing that meets the following conditions may be sold, exchanged or gifted:

　　(1) Having obtained the real estate ownership certificate.

　　(2) For sale, the house payment has been paid at the standard price or cost price.

　　(3) For exchange or gift, the house payment has been paid at the cost price.

　　(4) Having paid for the shared public construction area as required.

　　(5) Having paid the transfer charge for the right of state-owned land use in accordance with the regulations.

　　Where the purchase price has been paid in full at the standard price or cost price and a real estate ownership certificate has been obtained, the purchased public-owned housing may be mortgaged or leased.

　　Article 6     For the purchased public-owned housing without apportioning shared public construction area, its sale, exchange or gifting is not permitted unless the shared public construction area of the housing is measured and calculated by the municipal real estate surveying and mapping authority.

　　For high-rise buildings with 10 floors or above, the shared public construction areas shall be purchased by the current house owners from the original house owners at 20% of the estimated value of the areas; for multi-floor buildings with less than 10 floors, the shared public construction area shall be purchased by the current house owners from the original house owner at 10% of the estimated value of the area. Where the original house owner has been deregistered, the housing payment shall be handed over to its superior authority; if there is no such superior authority, the housing payment shall be handed over to the Housing Security Office of Guangzhou Municipality. All the above incomes shall be deposited into the special account of entity housing fund (hereinafter referred to as the “special fund account”) opened in the bank by the Housing Security Office of Guangzhou Municipality for unified management.

　　The cost of measuring the shared public construction area of purchased public-owned housing shall be paid by the entity that collects the payment of the shared public construction area.

　　For the sale, exchange or gifting of the purchased public-owned housing with the payment of the shared public construction area has already been paid, the proceeds shall be given to the original house owner in full.

　　Article 7     For the sale, exchange or gifting of the purchased public-owned housing, the current house owner shall pay the transfer charges for state-owned land use right at 1% of the estimated value.

　　If the original house owner has paid the transfer charges for state-owned land use right, the current house owner shall pay such transfer charges to the original house owner; if the original house owner has been deregistered, the housing payment principle stipulated in Paragraph 2 of Article 6 herein shall apply.

　　Article 8     For transaction of purchased public-owned housing, relevant taxes and fees shall be paid in accordance with the relevant provisions of the State, Guangdong Province and this Municipality.

　　Article 9     Under any of the following circumstances, the transaction of the purchased public-owned housing is prohibited:

　　(1) The housing is ruled or decided by judicial organs and administrative organs to seal up or restrict its real estate rights in other forms in accordance with the law;

　　(2) As for the jointly-owned housing, the consent of the other joint owners has not been obtained;

　　(3) The transaction of the housing is prohibited in accordance with the provisions of the state, Guangdong Province or this Municipality.

　　Article 10   Where the part of the purchased public-owned housing that exceeds the area allocation standard of the housing as per the job post has been purchased at the market price, such a part shall be exempted from paying the transfer charges for the state-owned land use right in case of its sale.

　　Article 11    For the sale of the purchased public-owned housing, if the current house owner purchased it at the cost price, all the value-added parts shall be owned by him/her; if the current house owner purchased it at the standard price, 80% of the value-added parts shall be owned by him/her, and 20% of the value-added parts shall be handed over to the original house owner and be included into the management of the special fund account; if the original house owner has been deregistered, the housing payment principle stipulated in Paragraph 2 of Article 6 herein shall apply.

　　Article 12   The transaction of the purchased public-owned housing shall adopt the following procedures:

　　For the transaction of the purchased public-owned housing, it shall go through the procedures of transaction transfer, property right registration, mortgage registration and lease registration in accordance with the relevant laws and regulations on housing sale, exchange, gifting, mortgage and leasing.

　　For the sale of the public-owned housing purchased at the standard price, the property transfer registration may be handled only after the seller, within 30 days after the transaction is confirmed, deposits the part of the sale proceeds belonging to the original house owner into the special fund account in accordance with the provisions of Article 11 herein.

　　Article 13   For the exchange between the purchased public-owned housing, or between the purchased public-owned housing and commercial housing or private housing, it shall be priced at the estimated price of the Real Estate Transaction Registration Center of Guangzhou Municipality, and relevant transaction taxes and fees shall be paid according to relevant regulations.

　　Article 14   For the mortgage of the purchased public-owned housing, the mortgage amount shall be set after deducting various taxes and fees in accordance with the relevant regulations, and the mortgage registration shall be handled in accordance with the relevant regulations.

　　For the disposal of the mortgaged purchased public-owned housing, if it was originally purchased at the cost price, the mortgagee may only be compensated according to law only after the housing is disposed in accordance with the provisions of Articles 6 and 7 herein and relevant taxes and fees have been deducted.

　　For the disposal of the mortgaged purchased public-owned housing, if it was originally purchased at the standard price, the provisions of Articles 6, 7 and 11 herein shall apply, and the mortgagee may only be compensated according to law only after the housing is disposed in accordance with the provisions of Articles 6 and 7 herein and relevant taxes and fees have been deducted.

　　Article 15   After the transaction of the purchased public-owned housing, the original house owner and his/her spouse shall no longer enjoy the preferential treatment policies in terms of the distribution, leasing or purchase of the purchased public-owned housing.

　　Article 16   For the transaction of the purchased public-owned housing in violation of these Rules, the relevant authority shall not go through the formalities of transaction confirmation, property right registration, mortgage registration and lease registration for it.

　　Article 17   The transaction management of purchased public-owned housing in Huadu District, Panyu District, Conghua District and Zengcheng District shall be implemented with reference to these Rules.

　　Article 18   These Rules shall come into force on February 1, 1999.