People's Bank of China and China Banking Regulatory Commission, Measures for the Administration of Loans for Development of Economically Affordable Residential Premises

中国人民银行、中国银行业监督管理委员会经济适用住房开发贷款管理办法

March 12, 2008 | BY

clpstaff &clp articles &

More banks are allowed to provide loans for the development of economically affordable residential premises.

Clp Reference: 3510/08.01.18 Promulgated: 2008-01-18 Effective: 2008-02-18

Promulgated: January 18 2008
Effective: 30 days after the date of promulgation
Interpreting Authorities: People's Bank of China (PBOC) and China Banking Regulatory Commission

Applicability: The term “loans for development of economically affordable residential premises” refers to loans granted to borrowers that are used specifically for projects of developing and building economically affordable residential premises (Article 2). The term “lenders” refers to commercial banks and other financial institutions in the banking industry established according to law within the PRC. The term “borrowers” refers to real property developers with legal personality that have obtained the qualifications for real property development (Article 3).

Main Contents: The criteria for applying for loans for developing economically affordable residential premises include, inter alia, the following: the borrower has a paid-up capital of at least
Rmb10 million, has good creditworthiness and the capability to repay the principal and interests of the loan according to schedule; and the capital of the construction project (owner's equity) is not less than 30% of the total investment of the project and has already been contributed to the project before the funds from the loan are utilized (Article 4). The term of loans for development of economically affordable residential premises shall be three years in general, and may not exceed five years at maximum (Article 6). The interest rate for the loans for development of economically affordable residential premises shall comply with the interest rate policies of the PBOC. It may float downwards within the range of 10% (Article 7).

Related Legislation: PRC People's Bank of China Law (Revised), Dec 27 2003, CLP 2004 No.1 p.4; PRC Banking Regulation Law (Revised), Oct 31 2006; PRC Commercial Banking Law (Revised), Dec 27 2003, CLP 2004 No.1 p.4 & May 10 1995, CLP 1995 No.5 p.32; PRC Property Law, Mar 16 2007, CLP 2007 No.4 p.31; PRC Security Law, Jun 30 1995, CLP 1995 No.6 p.21; and Measures for the Administration of Economically Affordable Residential Premises, Nov 19 2007

Repealed Legislation: Tentative Provisions for Administration of Loans for Developing Economically Affordable Residential Premises, Apr 15 1999

clp reference:3510/08.01.18promulgated:2008-01-18effective:2008-02-18

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