SMHA D〔2020〕No.10

 

Attention: Construction and Transportation Commission of Pudong New Area, each District House Assurance and Housing Administration, the Municipal and District Real Estate Transaction Centers, the Municipal Housing Status Information Center, the Municipal Real Estate Brokerage Industry Association, all Real Estate Brokerage Entities, Housing Leasing Enterprises：

Procedures of Shanghai Municipality for Online Signing and Filing of Housing Leasing Contracts formulated by the Municipal Housing Administration are hereby promulgated to you, and you are required to implement them conscientiously.

Shanghai Municipality Housing Administration

Nov.12,2020

 

Procedures of Shanghai Municipality for Online Signing and Filing of Housing Leasing Contracts

Article 1 With a view to standardizing the activity of online signing and filing of housing leasing contracts, maintaining the order of the housing leasing market, protecting the legitimate rights and interests of the housing leasing stakeholders, accelerating the development of large-scaled, institutionalized and specialized housing leasing enterprises, and facilitating the leasing parties to handle public service matters, these Procedures are formulated in accordance with the provisions of the Several Opinions of the General Office of the State Council on Accelerating the Cultivation and Development of the Housing Leasing Market, Opinions on Rectifying and Standardizing the Order of the Housing Leasing Market by Ministry of Housing and Urban-Rural Development, the National Development and Reform Commission, Ministry of Public Security, State Administration for Market Regulation, China Banking and Insurance Regulatory Commission, National Cyberspace Administration, Procedures of Shanghai Municipality for the Administration of Leasing of Residential Houses, Implementation Opinions of the General Office of Shanghai Municipal People's Government on Accelerating the Cultivation and Development of the Municipal Housing Leasing Market,etc..

Article 2 Housing leasing activities within the administrative area of this Municipality shall be subject to the provisions of these Procedures for the housing leasing contracts online signing and filing (hereinafter referred to as COSF).

Article 3 The municipal housing administrative competent department shall take the lead in improving the unified housing leasing public service platform of the whole Municipality (hereinafter referred to as the "leasing platform"), provide the society with such services as house source verification, information release, online signing and filing, and establish a credit system for the housing leasing market.

Article 4 The municipal housing administrative competent department shall be responsible for the organization, coordination, supervision and administration of the COSF in this Municipality. The district housing administrative department shall be responsible for the supervision and administration of the COSF within its jurisdiction, and shall be subject to the leadership of the municipal housing administrative department in the aspect of business.

Housing leasing service centers at the municipal and district levels and the community affairs acceptance service centers at the sub-district and town levels shall, according to their respective responsibilities, undertake such services and management matters as enterprise network access authentication, leasing market monitoring and COSF, etc..   

The Municipal Housing Status Information Center is responsible for the construction, operation, maintenance and management of the leasing platform.

Departments of public security, market regulation, civil affairs, land and resources planning, education, human resources and social security, taxation, urban management, housing provident fund and other relevant departments, shall, according to their respective responsibilities, promote the interconnection between their business systems and the leasing platform, and deepen the collaborative application of government affairs.

The Municipal Real Estate Brokerage Industry Association shall be responsible for establishing the self-discipline mechanism of housing leasing enterprises and real estate brokerage agencies.

Article 5 Housing leasing enterprises, real estate brokerage agencies and other business entities (hereinafter referred to as the various business entities VBEs) shall, after obtaining the business license, handle the opening report of the housing leasing enterprise (information record) with the competent housing administrative department or file with the real estate brokerage agencies, apply for the leasing platform user authentication, and obtain the leasing platform user operation permission.

Employees of the VBEs shall participate in professional education and training.

Article 6 The VBEs that do not engage in the online signing operation within six months after the application for the platform user authentication are subject to automatic failure of the online signing function and may resume the operation only after re-application.

The VBEs and their employees that have the user authentication information changed, shall, within 7 days as of the date of the information change, apply for the alteration of authentication procedures

Article 7 The VBEs that lease houses for rental shall, in accordance with the relevant provisions of this Municipality, submit the information of the business entities and housing sources to the leasing platform.

Business entities with large scale, good reputation and informatization conditions that upload housing information through data interface in batches and meet the rules of housing information release on the leasing platform shall be able to make instant release; other business entities and individuals may release house source information on the leasing platform after house source verification. Individuals that release house source information shall additionally conduct real-name authentication through the leasing platform.   

The VBEs and individuals shall be responsible for the authenticity, compliance and timeliness of the released leasing house information.

Article 8 The VBEs shall, after concluding or brokering a housing leasing transaction, provide the leasing parties with the COSF service through the leasing platform. An enterprise that has the power of archival filing shall at the same time provide the leasing parties with online signing and filing service. An enterprise that does not have the power of archival filing for the time being shall cooperate with the leasing parties to handle the registration and archival filing service of the leasing contracts at district housing leasing service center or sub-district and town community affairs acceptance service center.

Where the leasing parties conclude the deal by themselves, they can apply for the COSF through the "Integrated Online Platform" of this Municipality, or go to district housing leasing service center and sub-district and town community affairs acceptance service center to apply for the COSF.

Article 9 The municipal housing administrative competent department shall improve the construction of the leasing platform in a sustainable way, align to the "Integrated Online Platform" of this Municipality, constantly upgrade the facilitation of the COSF and expand the coverage of online signing and filing.

Article 10 For housing leasing activities applicable to these Procedures, the lessee (including other residential users) may, after the leasing contract has been online signed and filed, apply for a residence permit as well as for the points-based residence card, apply for residence registration for persons separated from household, and apply for compulsory education for children accompanying them in accordance with relevant provisions; the eligible lessee can make withdrawal from the housing fund to pay the rent according to the relevant provisions; the VBEs can enjoy relevant preferential tax policies according to the regulations.

Where the leasing parties apply for public service items from other government departments and need to submit the housing lease contract, the leasing platform shall provide the leasing parties with the contract information of their online signing.

Article 11 The VBEs and individuals shall abide by the operation rules of this Municipality for the COSF, and shall not release false information, conduct false transactions or provide false materials.

Article 12 The leasing platform shall, through the municipal big data center, establish a data sharing mechanism with the municipal departments of civil affairs, public security, market regulation, urban management, etc., actively promote the business connection with the market-oriented housing leasing platform, and provide convenience for enterprises and leasing parties to handle the COSF.

The leasing platform shall provide technical support for the housing administrative departments at the municipal and district levels, the housing leasing service centers at the municipal and district levels, the sub-districts and towns and their relevant authorized units to carry out business inquiry, management statistics and monitoring.

Article 13 For those who violate the provisions of these Procedures, the housing administrative competent department has the right to order them to make rectification, suspend their online signing function during rectification, record them into credit files, and collect their credit-breaking information to this Municipality's public credit information service platform and the sincerity platform of the Municipal Real Estate Brokerage Industry Association in accordance with relevant provisions.

Article 14 The municipal housing administrative competent department shall be responsible for the interpretation of these Procedures. After the promulgation of these Procedures, the municipal housing administrative competent department shall formulate and perfect supporting documents such as operation rules of the leasing platform according to these Procedures.

Article 15 These Procedures shall be effective as of January 1, 2021 and remain valid until December 31, 2025. The COSF conducted from July 1, 2020 to the date of the implementation of these Procedures shall follow these Procedures.