Circular on Further Strengthening and Standardizing the Examination, Approval and Regulation of Direct Investment in Real Property by Foreign Investors

关于进一步加强、规范外商直接投资房地产业审批和监管的通知

Possession of the leasehold or property ownership is required before establishing a foreign-invested real property company.

(Issued by the Ministry of Commerce and State Administration of Foreign Exchange on May 23 2007.)

Shang Zi Han [2007] No.50

(商务部、国家外汇管理局于二零零七年五月二十三日发布。)

商资函 [2007] 50号

Departments in charge of commerce and foreign exchange control departments of the provinces, autonomous regions, municipalities directly under the central government, cities with independent development plans and the Xinjiang Construction and Production Corps:

各省、自治区、直辖市、计划单列市及新疆生产建设兵团商务主管部门、外汇管理部门：

With a view to regulating the entry of foreign capital into the real property market and the administration thereof, six departments of the State Council jointly issued the Opinions on Regulating the Entry of Foreign Investment into the Real Property Market and the Administration Thereof (Jian Zhu Fang [2006] No.171, hereinafter referred to as the "Opinions"). In duly implementing the provisions and requirements of the Opinions, the various regions and departments have achieved substantial results. However, certain problems continue to exist in a few regions. Pursuant to laws and regulations on foreign investment and the Opinions, we hereby notify you on matters relating to further strengthening and standardizing the examination, approval, record filing and regulation of foreign investment in real property as follows:

为了规范房地产市场外资准入和管理，国务院六部门联合下发了《关于规范房地产市场外资准入和管理的意见》（建住房[2006]171号，以下称《意见》）。各地、各部门认真执行《意见》的各项规定和要求，取得一定的实效。但少数地区仍存在一些问题。根据外商投资法律法规和《意见》的有关规定，现就进一步加强、规范外商投资房地产审批、备案和监管相关事宜通知如下：

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