The Housing Security Law Drafted Is Included In The Legislative Plan Of The State Council In 2010.

Ministry of housing and urban rural development (hereinafter referred to as "

The Standing Committee of the National People's Congress recently adopted the report of the motion submitted by the NPC Finance Committee on the motion submitted by the chairman of the eleventh session of the third session of the National People's Congress for consideration.

The above information is disclosed in the annex to the report.

The first Financial Daily reporter learned that the legislative work in the affordable housing sector has been advancing.

However, with the introduction of affordable housing policies in various places, chaos has also emerged, such as opening BMW to live in the right place.

In addition, under the influence of land finance and other factors, the local government has enough enthusiasm to promote the housing construction, and it has also become the focus of all parties concerned.

How to implement land support

According to Xinhua news agency, the Ministry of housing said that the draft basic housing security law has stipulated the standard, scope and mode of basic housing security in cities and towns, ensuring the planning, construction and management of housing, housing rental subsidies, land, finance, taxation and financial support, the implementation of basic housing security, and the rural housing security system.

At present, the draft is soliciting opinions from all sides and revising and perfecting them.

As a pre drafting participant, Shen Weixing, a professor at Tsinghua law school, thinks that every year, local governments should set aside a certain area for housing construction.

In terms of funds, the construction of affordable housing is mainly supported by local finance, but private capital should be encouraged to enter.

He stressed that the specific content of the draft has not yet been seen, and that it only represents personal views.

In November 2008, progress was made in the legislative work in the affordable housing sector. The housing security law was included in the five annual legislative plan of the eleven National People's Congress, and the housing security department of the Ministry of housing was responsible for the drafting of the law.

At the end of that year, the division commissioned the Law School of Tsinghua University to draft the theoretical version, and the Shenzhen real estate research center was responsible for drafting the draft of the practical version.

Wang Zhenmin, a professor at the Law School of Tsinghua University, took part in the draft of the theoretical version. He once said that the practice version of the real estate research center of Shenzhen had roughly more than 80 clauses. There were nearly 100 provisions in the theoretical version of the Tsinghua University law school. In November of 2009, the two version was handed over to the housing security department of the Ministry of housing, and was integrated into more than 100 draft.

Shen Weixing, a professor at Tsinghua law school, was also involved in drafting the draft of the theoretical version.

Yesterday, he expressed his view to the first Financial Daily reporters: the affordable housing should be mainly rented, the property right is supplemented by the appropriate housing, so as to curb speculation; the common property rights of the economically affordable housing should be established; the property rights enjoyed by the purchaser and the government should be shared; the migrant workers should be included in the safeguard system to protect their rights and interests; the responsibility of the local government in the construction of affordable housing should be emphasized, and the accountability for implementation should be inadequate.

And how to punish the behavior of defrauding affordable housing is also the focus of discussion.

Wang Yuguo, director of the Law Institute of Shenzhen real estate research center, took part in the drafting of the practical edition. He proposed that he should introduce criminal responsibility to defraud the affordable housing behavior, and investigate the responsibility according to the crime of fraud.

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There are still defects in the promotion of affordable housing.

There are still some defects in the promotion of affordable housing.

For example, access audit.

At the beginning of this year, the Shenzhen municipal housing and Construction Bureau announced the announcement on the publicity of the second affordable housing applications for acceptance of the first eligible family (singletons) in Shenzhen. After media reports, Shenzhen passed over the first instance of a hundred government agencies. Some of them lived in luxury houses, and there were family couples working in government offices.

As a matter of fact, Guo Yunchong, Deputy Minister of housing and Housing Department, once said that there was a problem of housing distribution in disguised welfare housing by the appropriate housing department. The Minister of housing and construction, Jiang Weixin, also said that there was indeed a situation of distributing the appropriate housing to the middle income or even the high-income group.

How to define the access threshold and supervise it is the expectation of the outside world for legislation.

Between 4 and May this year, two documents on the supervision of affordable housing were concentrated.

In April 26th, the Ministry of housing issued the notice on strengthening the management of economically affordable housing. It requested that the illegal sale, lease, idle or lend to economically affordable housing, or change the use of housing without authorization, and refuse to rectify it, should be resumed in accordance with the relevant provisions or the contract, and it should be abolished within 5 years to apply for the purchase or lease of all kinds of policy and affordable housing.

Since then, the Ministry of housing, the Ministry of civil affairs and the Ministry of Finance jointly issued a notice to address the problems of idle housing and lending in some parts of the low rent housing management, the failure to implement daily management and maintenance and maintenance funds, the imperfect management mechanism of entry and exit, and inadequate supervision and service in daily life.

How to improve the enthusiasm of local governments

The enthusiasm of local governments to protect housing needs to be further stimulated, which is also a challenge.

According to the plan at the beginning of this year, 3 million sets of low rent housing, public rental housing and so on are planned for the whole country this year, 2 million 800 thousand houses for all kinds of shanty towns are pformed, and 1 million 200 thousand pilot projects for reconstruction of rural dilapidated houses are implemented.

The Ministry of housing has asked all the affordable housing units to start all at the end of September. At the end of the year, more than 60% must be built or basically completed.

However, in the 1~8 months of this year, investment in affordable housing development in Beijing was 21 billion 400 million yuan, and only 53% of the annual investment plan was completed.

In 2010, the land pfer plan of Shenzhen was 23 billion 904 million yuan, of which 694 million yuan will be allocated for affordable housing construction, less than 3% of the total land pfer fee.

Admittedly, lack of funds is one of the problems faced by some local governments.

But Tao Ran, a professor at Renmin University of China, does not see that the government itself provides the driving force for affordable housing.

"This place provides affordable housing and low rent housing, and the money that has been put up for auction is coming down immediately. It is impossible for the government to do anything harmful to its interests."

He told reporters.

Land, finance, taxation and financial support are the problems to be solved in legislation.

Tao Ran stressed that changing the local government as the sole subject of local land supply is a permanent solution.

Ministries and commissions give rewards and punishments.

As a series of measures for the "two regulation" of the property market, the Ministry of housing and housing said last month that it would announce the progress of affordable housing projects with the relevant departments.

For those areas where the rate of operation is too low, the Ministry of supervision and the Ministry of housing and construction will interview the responsible persons in charge of local affairs.

By the end of this year, relevant departments will also conduct assessments on all parts of the country, criticizing the failure to complete tasks until they are accountable.

The central government will give awards to the regions that have completed the tasks of this year and to those areas that have completed the tasks and targets beyond the plan.