1. Provisions on registry of houses in residential buildings as residential place
Where applicant uses his residential buildings for commercial purposes, he shall abide by State laws and regulations at the application of registration thereof. Residential building and the first floor thereof which have been planned for commercial purposes shall not be used for businesses like restaurant, recreation and entertainment, internet logging service, product process and manufacturing, trade of harmful chemical products etc., which will pose danger on the State safety, production safety and people’s health or pollute environment or exert negative effect on people’s life, property and/or their safety.
(1) Certificate of use of residential building
1. If certificate of house ownership has been acquired, copy of such certificate signed by owners thereof shall be submitted.
2. If certificate of house ownership has not been acquired, copy of house purchase contract signed by purchaser thereof or affixed with seal of purchaser entity shall be submitted together with copy of approval certificate of quasi-sell-out commercial housing affixed with the seal of land developer thereof.
3. if certificate of house ownership has not been acquired for leased commerce housing or for such houses as developed and used by land developer on its own account for residential purpose, copy of approval certificate of quasi-sell-out houses of land developers together with its business license shall be submitted.
(2) Form of registry of residential building (see appendix 1)
Form of registry of residential building as a promise of applicant for changing residential building into commercial house shall cover promises as follows: be fully aware of and will abide by provisions of laws and regulations and management rulings; consent from owners with interest relationships have been acquired; will be cooperative with requirements of possible destruction and moving under State order without claiming compensation therefore.
Form of registry of residential building shall be signed and sealed by shareholder (investor) at the establishment of enterprise (company). If shareholder is a legal person, such shareholder’s seal shall be affixed thereon; if shareholder is a natural person, such natural person shall sign thereon; for the establishment of individually - owned business, such form shall be signed by natural person thereof.
Form of registry of residential building shall be affixed with seal of enterprise (company) at its registration of change; for individually - owned business applying for registration of change; such form shall be sealed or signed by such individual business.
(3) Certificated documentations for changing residential building into commerce house.
In the case of applicant changing residential building into commerce house, its Certificate of Consent to Change Residential building into Commerce House (see appendix 2) shall be issued by community committee or owner committee of the place where such residential building is located and, certificated documents of interested owners consenting to change residential building into commerce house shall also be included.
For houses supposed to be used for residential purpose, but were actually constructed into commerce house or office building, certificated documentations issued by community committee or owner committee of the place where such house is located shall be obtained and, such certificated documentations shall also include consents from interest owners agreeing to change such house into commerce house.
2. Provisions of certifying registration by using temporary residential building
To effectively resolve the problem of running business without business license, if application of conducting businesses at a house without legally effective house ownership certificate thereof from house authority, local town and county government, street community office or villager committee may, through approval by district and county government, be authorized to issue Certificate of Using Temporary Residential building (Commerce House) (see appendix 3 for sample certificate thereof), applicant may hold such Temporary Residential building to apply for registry thereof.
(1) Basic requirement of Certificate of Using Temporary Residential building
a. Certificate of Using Temporary Residential (Commercial) Building shall be approved by district and county government or be issued by village or town government, other authorities, street community office or villager committee under authorization.b. Validity term of Certificate of Using Temporary Residential (Commercial) Building shall not be more than one (1) year.c. Certificate of Using Temporary Residential (Commercial) Building may temporarily be used for the purpose of record material of production and operation thereon other than for confirmation on the legality of building, certification of land ownership or basis of compensation for destruction and moving of house and land thereof. d. Key contents of Certificate of Using Temporary Residential (Commercial) Building
(i) User addresses, use term of such certificate, reference number etc.(ii) Use purpose, particular matters and cause of invalidity of such certificate, etc.(iii) Written promise of not seeking compensation for destruction and moving thereof by user and provider of such residential building (sample written promise see appendix 4)
At the expiration of Certificate of Using Temporary Residential (Commercial) Building, if such residential building need to be further used for production and operation purpose, the same certificate and relevant business license renewal shall be dealt with twenty (20) days prior to such expiration. The validity of business license after renewal shall be the same as that of Certificate of Using Temporary Residential (Commercial) Building. (2) Application scope of Certificate of Using Temporary Residential building
a. Buildings at the premises of city and town but without acquiring construction approval from governmental authority for planning and construction.b. Buildings listed for destruction and moving by district or county government or relevant authorities but without being carried out of such destruction and movingc. Buildings in the countrysided. Buildings whose use purpose is not indicated at House ownership certificate or commercial purpose is not identifiable and use purpose is not specified at construction planninge. Store and/or stalls temporarily constructed. China post newspaper stalls and grocery and vegetable stores for the convenience of community shall be dealt with in accordance with item 14, 15 of article 3 hereof.
(3) Registration of Certificate of Using Temporary Residential (Commercial) Building
Applicant using buildings within the application scope of Certificate of Using Temporary Residential (Commercial) Building for residential purpose, may apply for registry presenting such certificate. Administration of business and commerce may examine and issue business license within the validity term of such certificate and make particular note on such business license.
Certificated documents submitted by such applicant shall include:
a. Certificate of Using Temporary Residential (Commercial) Buildingb. Written promise of not seeking compensation for destruction and moving thereof signed by user and owner of such residential building
Where business scope involves matters for permission, applicant shall submit approval document from administrative permission authority in order to proceed with registration or such permission authority may mark their express consent on the documents submitted by applicant for the purpose thereof.
3. Other registration matters concerning residential (commercial) building
If applicant uses the following land as residential building, he shall submit the following residential building certificates thereof in order to render administrative authority of industry and commerce to proceed with registration thereof.
(1) In the case of self-constructed house without certificate of house ownership, copy of building permission certificate and construction permission certificate issued by construction party shall be submitted as certificate of using residential building.
(2) In the case of public house directly belong to former district and county house management bureau which is no longer in the position of issuing ownership certificate for the reason of restructuring, ownership certificate thereof may be issued by such specified authority as designated by district and county government.
(3) In the case of land of state-owned enterprise without acquiring house ownership certificate, ownership thereof may be issued by state-owned asset management authority which supervises such enterprise or such authority of its higher rank.
(4) In the case of land of scientific technology zone (development zone) without acquiring house ownership certificate, certificate of house ownership may be issued by district and county government or its authorized department of the region where such land is located.
(5) In the case of land leased by house provider which were approved by administration of industry and commerce, namely, whose business scope covers “lease of commerce house”, “lease of office house”, “lease of commercial equipment” etc., copy of business license of such house provider affixed with its seal together with copy of house ownership certificate may be deemed as the certificate of using residential building.
(6) In the case of using hotel and restaurant as residential building, copy of business license of such hotel and restaurant affixed with its seal may be deemed as certificate of using Residential (Commercial) Building.
(7) In the case of using civil defend project, Application Form of Using Civil Defend Project agreed by administrative authority of civil defend project together with copy of certificated documents evidencing consent to use such land issued by anti-fire authority shall be submitted.
(8) In the case of using house of institutions directly affiliated to central government, certificate of using house shall be issued by housing management departments of corresponding central affiliated institutions.
(9) In the case of using house of departments of State Council, certificate of using house shall be issued by housing management departments of government offices of administration of the State Council.
(10) In the case of using house of enterprises belonged to central government, certificate of using house shall be issued by housing management department of such enterprise.
(11) In the case of using house of railway system, certificate of house ownership shall be issued by the housing management department of Beijing Railway Bureau.
(12) In the case of using land of army, copy of Permission certificate of leasing army land affixed with special seal of PLA Real Land Management Bureau.
(13) In the case of using non-teaching land of middle and preliminary school, consent to operation of business thereon issued by education commission of district and county of the region where such land is located shall be submitted.
(14) In the case of using place confirmed by municipal commerce bureau as being applied and/or registered for community grocery and vegetable store, in accordance with regulations of “notification on relevant issues of registry of community grocery and vegetable store” (Beijing commerce rule No. [2004] 33), certificate of consent to use such place for operation thereon issued by street community office or community service center of the region where such place is located shall be submitted.
(15) In the case of applying for operation of selling newspaper and magazine, residential building certificate shall be issued by municipal management commission in accordance with provisions of “ Advice on strengthening construction of city newspaper and magazine stall” (Beijing post [2001] 16).
(16) In the case of establishment of enterprise or individually-owned business at already registered commodity trade market, resident house certificate thereof shall be issued by market service management authority together with the submittal of copy of business license with seal of such market service management authority.
(17) Other relevant residential building certificates legally issued.
