Circular on Revising Relevant Policy on the Entry of Foreign Investment into the Real Property Market and the Administration Thereof
关于调整房地产市场外资准入和管理有关政策的通知
Market access for foreign investors in real estate has been increased
(Issued by the Ministry of Housing and Urban-rural Development, the Ministry of Construction, the Ministry of Commerce, the National Development and Reform Commission, the People's Bank of China, the State Administration for Industry and Commerce and the State Administration of Foreign Exchange on August 19 2015.)
(住房城乡建设部、商务部、国家发展改革委员会、中国人民银行、国家工商管理总局、国家外汇管理局于二零一五年八月十九日发布。)
Jian Fang [2015] No.122
建房【2015】122号
People's governments of the provinces, autonomous regions and municipalities directly under the central government, and ministries and commissions of, and organizations directly under, the State Council:
各省、自治区、直辖市人民政府，国务院各部委、各直属机构：
With a view to promoting the stable and healthy development of the real property market and following the approval of the State Council, we have decided to revise certain policies relating to foreign-invested real property enterprises and the purchase of residential premises by foreign organizations and individuals in the Opinions on Regulating the Entry of Foreign Investment into the Real Property Market and the Administration Thereof (Zhu Jian Fang [2006] No.171) and notify you of relevant matters as follows:
为促进房地产市场平稳健康发展，经国务院同意，决定对《关于规范房地产市场外资准入和管理的意见》(住建房[2006]171号)中有关外商投资房地产企业和境外机构、个人购房的部分政策进行调整，现就有关事项通知如下：
1. The ratio of the registered capital to the total investment of foreign-invested real property enterprises shall be handled in accordance with the State Administration for Industry and Commerce, Tentative Provisions for the Ratio of the Registered Capital of a Sino-Foreign Equity Joint Venture to its Total Investment (Gong Shang Qi Zi [1987] No.38).
一、外商投资房地产企业注册资本与投资总额比例，按照《国家工商行政管理局关于中外合资经营企业注册资本与投资总额比例的暂行规定》(工商企字[1987]第38号)执行。
2. The requirement that foreign-invested real property enterprises must have all of their registered capital paid in before carrying out the procedures for a domestic loan, a foreign loan or the conversion of the proceeds of a foreign exchange denominated borrowing is abolished.
二、取消外商投资房地产企业办理境内贷款、境外贷款、外汇借款结汇必须全部缴付注册资本金的要求。
3. The (sub-)branches and representative offices (excluding enterprises that have received approval to engage in real property) of foreign organizations and foreign individuals working or studying in China may, in keeping with their actual requirements, purchase commercially developed residential premises for their own use and residence. In cities that have implemented policies restricting the purchase of residential premises, the purchase of residential premises by foreign individuals shall comply with the local policies.
三、境外机构在境内设立的分支、代表机构(经批准从事经营房地产的企业除外)和在境内工作、学习的境外个人可以购买符合实际需要的自用、自住商品房。对于实施住房限购政策的城市，境外个人购房应当符合当地政策规定。
4. The Ministry of Housing and Urban-rural Development, Ministry of Commerce, National Development and Reform Commission, People's Bank of China, State Administration for Industry and Commerce, State Administration of Foreign Exchange and other such relevant departments shall further simplify procedures, enhance handling efficiency and optimize and improve the administration of foreign investment in real property. From the date of issuance hereof, foreign-invested real property enterprises may carry out relevant foreign exchange registration in connection with direct foreign investment directly with their banks in accordance with relevant exchange control provisions.
四、住房城乡建设部、商务部、发展改革委、人民银行、工商总局、外汇局等有关部门进一步简化程序，提高办事效率，优化和改进外商投资房地产管理。自本通知印发之日起，外商投资房地产企业可按照相关外汇管理规定直接到银行办理外商直接投资项下相关外汇登记。
With the exception of the foregoing policy revisions, the Opinions on Regulating the Entry of Foreign Investment into the Real Property Market and the Administration Thereof (Zhu Jian Fang [2006] No.171) remain in effect.
clp reference:4100/15.08.19prc reference:建房【2015】122号promulgated:2015-08-19除上述政策调整以外，《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)继续有效。
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