(Reporter Liu Chang) On March 8, the General Office of the People's Government of Hainan Province issued the Notice on Printing and Distributing the Work Plan for Special Renovation of the Real Estate Market in Hainan Province in 2121, comprehensively cleaning up and rectifying the illegal acts of real estate enterprises and intermediaries, and severely cracking down on illegal acts such as evading the purchase restriction policy, raising prices in disguise, and selling illegally. By strengthening the rectification of the real estate market, further compacting the main responsibilities of cities and counties, maintaining the continuity, stability and seriousness of the purchase restriction policy, curbing the frequent occurrence of various violations of laws and regulations in the real estate market, rectifying and standardizing the order of the real estate market, promoting the sustained, stable and healthy development of the real estate industry, and creating a good business environment for Hainan Free Trade Port.
the plan focuses on the investigation and rectification of illegal behaviors of commercial housing projects under construction, on sale and with many complaints and reports from the masses. March 8-March 5 is the stage of enterprise self-examination and self-correction; March 16-April 31 to carry out a comprehensive inspection stage for cities and counties in Hainan, and the typical cases investigated should be exposed to the public in time; Organize supervision for Hainan provincial authorities before May 5; At the end of May, the work summary was made, and the Hainan Provincial Department of Housing and Urban-Rural Development took the lead to analyze and summarize the special rectification work of the real estate market in the province, inform the special rectification work, establish a long-term mechanism, and carry out normal management.
Strictly crack down on fraudulent purchases by evading the purchase restriction policy
There are four specific aspects in this rectification: (1) Buyers evade the purchase restriction policy to defraud the purchase qualification. The purchaser and the employer make up the labor relationship, pay social security or individual tax, pay the house payment in advance, and go through the house purchase formalities after the appointment expires; Using the talent introduction policy, fictional labor relations with employers, handling talent settlement to defraud the qualification of buying houses; The purchaser falsifies bank transfer, social security or tax voucher to defraud the qualification of buying a house.
(2) The developer illegally sells commercial housing. The developer sells the commercial housing without obtaining the pre-sale permit, and collects the deposit and advance payment from the buyer in the form of subscription or reservation. Selling commercial housing at a higher price than the record price, or entrusting decoration, buying parking spaces, joining members, and signing a "yin-yang contract" as preconditions for buying a house.
(3) intermediaries and personnel violate the rules and regulations. Some intermediaries use paid services to help buyers to pay social security or individual taxes through third-party companies, and immediately stop paying social security or individual taxes after obtaining the qualification. Sales or intermediary personnel induce and assist buyers who do not have the qualification to purchase houses to evade the purchase restriction policy through third-party institutions and defraud the qualification to purchase houses.
(D) The on-site management of commercial housing sales is out of order. The developer fails to place a price tag, price list or price manual, price filing documents of the development and reform department, etc. in a conspicuous position in the commercial housing sales place, and fails to clearly mark the price according to the specified content; Failing to mark "Five Certificates" in a conspicuous position in the sales place (State-owned Land Use Certificate, Construction Land Planning Permit, Construction Project Planning Permit, Construction Project Construction Permit and Commercial Housing Sales < Pre-sale > Permit); The commodity house sales control table (including the sold houses, actual transaction prices and unsold houses) was not marked in a conspicuous position in the sales place, and the sales situation of the commodity house sales control table was not consistent with the state of the property table in the publicity system of commercial house sales license in Hainan Province; The relevant purchase restriction documents of Hainan Province were not marked in a conspicuous position in the sales place, and it was not suggested that the purchaser could not purchase commercial housing without the qualification to purchase a house.
Fraudulent buyers are not allowed to buy houses in Hainan for five years.
According to the Proposal, Hainan will carry out real estate market rectification with the greatest determination and strength, find out outstanding problems, earnestly do a good job in rectification, plug system loopholes, resolutely curb illegal activities, further standardize the real estate market order, establish and improve a long-term mechanism, and promote the stable and healthy development of the real estate market.
this is reflected in strengthening organizational leadership and departmental coordination, promoting rectification work strictly and quickly, establishing a long-term market supervision mechanism and strengthening positive publicity and public opinion guidance.
The housing and construction (housing management) department takes the lead in promoting the special rectification work, and strengthens the investigation and rectification of illegal behaviors such as fraudulent purchase of commercial housing and price increase outside the price together with relevant departments; The housing and construction (housing management) department shall push the information of the purchaser to all relevant departments, and the relevant departments will comprehensively check the information of the purchaser's talent identification, social security, individual tax, salary, labor contract, etc., and feed back the information found in violation of the verification to the housing and construction (housing management) department. If the housing and construction (housing management) department determines that the purchaser is defrauding the qualification of purchasing a house, it will revoke its qualification for online signing.
in terms of departments, the human resources department is responsible for guiding comprehensive law enforcement agencies and cooperating with social insurance agencies to investigate and deal with illegal acts such as forging labor contracts or fabricating labor relations by employers and house buyers.
the social security department is responsible for verifying the authenticity of the social security payment made by the purchaser, focusing on verifying multiple social security payments in different places and illegal payment of social security.
the tax department is responsible for verifying the authenticity of the tax paid by the buyers, focusing on the verification of "zero tax", repeated tax payment, overdue tax payment, and unqualified tax payment.
the public security department is responsible for verifying the situation of talents' settlement, and investigating and dealing with illegal acts such as forging or fabricating false certification materials.
We will severely crack down on illegal acts such as handling false talents to settle down, fictitious labor relations, paying social security, paying taxes to defraud the qualification of buying a house, and increasing prices outside the price. For the verified violations of laws and regulations, on the basis of implementing the top punishment according to laws and regulations, the relevant illegal subjects and individuals shall be punished from the aspects of industry restrictions and market access.
In order to evade the purchase restriction policy and defraud the qualification of purchasing houses, the housing and construction (housing management) department suspended the project sales and online signing of the purchase contract for the record, and severely punished it according to the law and regulations; For individuals who provide false certificates and evade the purchase restriction policy, the online signing of their purchase contract will be revoked and included in the scope of serious dishonesty, and they may not buy houses in Hainan Province within 5 years; Intermediaries and employees who assist in fictional labor relations, pay wages, pay social security or individual taxes to defraud the qualification of buying houses are disqualified from filing, and are prohibited from engaging in real estate intermediary business in Hainan Province for five years; The public security department shall crack down on illegal acts involving forgery and fabrication of proof materials to obtain the qualification for purchasing houses, and investigate their legal responsibilities.
in view of the disguised price increase behavior of bundled sales, if the development enterprise sells commercial housing at a higher price than the filing price, or entrusts decoration, purchases of parking spaces, and membership as preconditions for the purchase, the housing construction (housing management) department will suspend the project sales and online signing of the purchase contract for filing; The tax authorities shall recover taxes and punish tax evasion according to laws and regulations; When the development and reform department handles the filing of the sales price of commercial housing, it requires the development enterprises to provide a commitment to sell in strict accordance with the filing price, and not to bind the decoration, parking spaces and membership to increase the price in disguise. The market supervision department will severely punish the housing enterprises that violate the above commitments according to price fraud.
Implement the main responsibilities of real estate regulation and control in cities and counties, establish a long-term mechanism for market supervision, and establish and improve working mechanisms such as departmental linkage, joint review of house purchase qualifications, joint investigation and punishment; Popularize the experience of Haikou's house purchase qualification code, strengthen the enjoyment of information, promote the process, informationization and intelligence of house purchase qualification examination, and improve the efficiency and quality of examination; Accelerate the implementation of the online signing and filing system for commercial housing sales contracts; Explore the public lottery system for new commercial housing sales; Strengthen the supervision of pre-sale funds to ensure that pre-sale funds are used for project construction.