Level II and Level III qualifications of (foreign-funded) real estate development enterprises
Basic Information
Business type |
Administrative permit |
Certificate type |
|
Business category |
Qualification certification |
Implementing entity |
Shanghai Municipal Housing Administration Bureau |
Nature of implementing entity |
Legal body |
Code of implementing entity |
11310000MB2F30370U |
Co-handling body |
No |
Commissioned by |
|
Service subjects |
Enterpriselegal persons |
Approval subjects |
Foreign-funded enterprises within this administrative region whose business scope covers real estate development and operations |
Service scope |
Across this Municipality |
Exercising level |
Municipal level |
Source of power |
Legal exercise at this level |
Handling mode |
Handling at the window, XXXX（or by mail） |
Is reservation available? |
No |
Is online payment available? |
No |
Is courier service available? |
Yes |
Is self-service terminal service available? |
No |
Is single sign-on via mobile terminal available？ |
Is single sign-on via PC terminal available？ |
||
Intermediary service |
No |
Depth of online handling |
Online inquiry |
Quantity limit |
There is no quantity limit and approval is granted once the conditions are met. |
Operating system |
Municipal level |
Required number of arrivals at the site |
On-site explanation required |
||
Handling period specified by law |
20 (working days) |
Committed time limit for closing |
5 (working days) |
Business status |
In use |
Business version |
1 |
Whether it is available at the online administrative service center |
Yes |
||
Applicable scope |
This guideline shall apply to the handling of application and matters regarding the establishment, operation extension, changes and certification of the foreign-funded real estate development and operation enterprises in the forms of sole proprietorship, joint venture and cooperative joint venture within the administrative region of Shanghai Municipality. |
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Approval criteria |
|||
Content of review and approval |
Application for the level-II and level-III qualifications of foreign-funded real estate development enterprises |
||
Division of authority |
Shanghai Municipal Housing Administration Bureau |
||
Service item No.
|
11310000MB2F30370U231010088400102 |
||
Conditions for Acceptance
The application materials are complete and prepared in a legal form. See details in the List of Application Materials.
Application Materials
Instructions for Filling
1. The application materials shall be sequenced in the order as set out in the List of Application Materials in this Guide;
2. The documents prepared by the Applicant are printed with A4 papers, and those issued by the government and other authorities shall be provided in the size(s) as the original(s);
3．Copies of the application materials shall be clear and legible.
Formal Standards
Hardcopy Application Materials
List of Application Materials
| Name of material |
Source |
Type of material |
Number of hardcopy materials |
Form of material |
Remarks |
Instructions |
Acceptance criteria |
Mandatory or not |
Template |
Blank form |
| Application form for qualifications of real estate development enterprise |
Prepared by the Applicant |
Original |
1 |
Hardcopy |
|
|
|
Mandatory |
|
|
| Notification commitment for the application for qualifications of real estate development enterprise |
Prepared by the Applicant |
Original |
1 |
Hardcopy |
|
|
|
Mandatory |
|
|
| Business license and articles of associationof real estate development enterprise |
Shanghai Municipal Administration for Market Regulation |
Copy |
1 |
Hardcopy |
|
|
|
Mandatory |
|
|
| Original and copy of the qualification certificate of real estate development enterprise |
Shanghai Municipal Housing Administration Bureau |
Original |
1 |
Hardcopy |
|
|
|
Mandatory |
|
|
| Commitment on financial position for the last year of the enterprise |
Prepared by the Applicant |
Original |
1 |
Hardcopy |
|
|
|
Mandatory |
|
|
| Identity certificate of legal representative and appointment documents, title certificates and identity certificates of person in charge of engineering technology, finance, statistics and other businesses of real estate development enterprise |
Prepared by the Applicant |
Copy |
1 |
Hardcopy |
|
|
|
Mandatory |
|
|
| Labor contracts or social insurance payment vouchers, title certificates and identity certificates of professional managerial personnel in construction, structure, finance, real estate and related economic fields conforming to the prescribed quantity |
Title certification institution |
Copy |
1 |
Hardcopy |
|
|
|
Mandatory |
|
|
| Relevant certificates of completed real estate projects in recent 3 years (investment plan approval document, real property ownership certificate (land), land usage planning permit, engineering planning permit, construction permit, commodity housing pre-sale permit and filing of project completion inspection, residential manual, housing quality assurance and usage instructions) |
Shanghai Municipal Bureau of Planning and Natural Resources, Shanghai Municipal Commission of Housing，Urban-Rural Development and Management , bureaus of housing security and management in districts |
Copy |
1 |
Hardcopy |
|
|
|
Mandatory |
|
|
| For level-II qualification application, relevant certificate of the projects in process during the previous year are required (investment plan approval document, real property ownership certificate (land), land usage planning permit, engineering planning permit, construction permit, commodity housing pre-sale permit and other documents, together with project progress description) |
Shanghai Municipal Bureau of Planning and Natural Resources, Shanghai Municipal Commission of Housing，Urban-Rural Development and Management , bureaus of housing security and management in districts |
Copy |
1 |
Hardcopy |
|
|
|
Mandatory |
|
|
| Commitment on the enterprise’s investment in real estate development in the last 3 years |
Prepared by the Applicant |
Original |
1 |
Hardcopy |
|
|
|
Mandatory |
|
|
| In case project of subsidiary is provided, in addition to above documents of completed and in progress projects, subsidiary company’s business license, articles of association, qualification certificate, machine-readable archives registration data issued by market regulatory authority and commitment to assume joint liability for project quality, credit assessment and dispute settlement of relevant project of subsidiary company is also required. |
Prepared by the Applicant |
Copy |
1 |
Hardcopy |
|
|
|
Mandatory |
|
|
Name of the Application Document
Application Form of Real Estate Development Enterprise Qualification
Place of Business Handling
Place of Business Handling
Administrative Service Window of Shanghai Municipal Housing Administration Bureau，No.1000, Xueye Road, Pudong District, Shanghai
Business Hours
9:00-11:00 and 14:00-16:30 on working days
Legal Basis
1. Article 7 of the Regulations on the Administration of Development and Operation of Urban Real Estate (Order No. 248 of the State Council): The establishment of real estate development enterprises shall apply to be registered with administrative organs for commerce and industry of people's governments at the county level or above; Article 8: Within 30 days after drawing management certificate, enterprises for real estate development shall put on record with relevant documents with administrative organs responsible for real estate development of the region of the administrative organ of registration; Article 9: In accordance with the assets, professional technical personnel and achievements in development and management of real estate development enterprises, administrative organs responsible for real estate development shall check and ratify the level of qualifications of the enterprise of real estate development that has been put on record. Enterprises of real estate development shall receive projects of real estate development in accordance with the level of qualifications as ratified. The detailed measures shall be formulated by the construction administration organ under the State Council.
2. Article 3 of the Regulations on the Administration of Qualifications of Real Estate Development Enterprises (Order No.77 of the Ministry of Construction): Real estate development enterprises shall apply for qualification verification according to the Regulations; Article 4: The administrative organ responsible for construction under the State Council shall be in charge of the management of qualifications of real estate development enterprises around the country; organs responsible for the construction of local governments at the county level or above shall be in charge of the management of qualifications of real estate development enterprises within its administrative area. Article 11: Qualifications of real estate development enterprises shall be subject to level-based examination and approval. Applications for the level-I qualification shall be firstly examined by administrative organs responsible for construction under the people’s governments of provinces, autonomous regions, and municipalities directly under the central government before being reported to the administrative organ responsible for construction under the State Council for approval. Regulations on the approval of the application for the level-II qualification or lower levels shall be established by administrative organs responsible for construction under the people’s governments of provinces, autonomous regions, and municipalities directly under the central government. Enterprises will be granted with corresponding qualification certificates by the organs responsible for qualification examination and approval once they pass the qualification examination.
3. Article 1 of the Notice of the Shanghai Municipal Bureau of Housing and Land Management on Issuing the Work Procedures for Registering Real Estate Development Enterprises in Shanghai (Trial) (Hufangdikai [1995] No.389): Registration acceptance: Real estate development enterprises that are established upon the approval of the administration for industry and commerce shall register with the bureau of housing and land management within 30 days after they obtain the business license.
4. The Notice of the Shanghai Municipal Bureau of Housing and Land Management on Regulations for Qualification Level Evaluation of Real Estate Development Enterprises in Shanghai (Trial) (Hufangdikai [1996] No.133): The Regulations are formulated to regulate the qualification level evaluation of real estate development enterprises. 5. Article 1 of the Notice of the Shanghai Municipal Administration for Industry and Commerce and the Shanghai Municipal Bureau of Housing and Land Management on Issues Regarding the Establishment and Registration of Real Estate Development Enterprises (Hugongshangdeng [1995] No.4): the establishment of a real estate development enterprise shall meet the conditions on legal person registration stipulated in the Company Law of the People’s Republic of China or the Regulations of the People’s Republic of China for Controlling the Registration of Enterprises as Legal Persons that the registered capital should be no less than RMB 5 million and the number of technical specialists of middle or above level should be no less than four. This regulation goes beyond the registered capital benchmark for the level-IV qualification of no less than RMB 1 million, so Shanghai Municipality shall not evaluate the level-IV qualification.
Procedures of Business Handling
View the flow chart.
Mode of Business Handling
Mode of Business Handling
1. Receipt of application materials. The applicant should submit the application materials via the service window of the municipal bureau of housing management, “one-stop online government services” platform, or courier services. Personnel responsible for receipt will review the application materials according to the cataloging and formal standards and issue an “Acknowledgment of Receipt” to applications meeting requirements.
2. Application Acceptance. Personnel responsible for acceptance will examine the application materials according to acceptance standards and issue an “Acknowledgment of Acceptance” to applications that submit complete materials and meet formal requirements; for those that fail to submit complete materials or meet formal requirements, the personnel will inform the applicants for one time of the contents that need to be supplemented or corrected.
3. Application Review. Personnel of the specialized business department will review the application materials according to the approval criteria, issue opinions of the reviewer and report to the division director for further review.
4. Application Decision. The division director and the bureau head will check the opinions of the reviewer according to the approval criteria and decide on whether or not approving the application.
5. Certificate Making and Delivery. Personnel of the certificate issuance window will make the “Qualification Certificate of Real Estate Development Enterprise” according to the application decision and deliver it to the applicant (or by courier service upon the request of the applicant).
Special Procedures
No
Approval Certificate
No
Review and Approval Charges
Charged or not
No
Rights and obligations of the applicant
The applicant shall have the following rights according to laws:
1. The applicant can entrust an agent with the application for administrative approval;
2. The applicant can require this administrative organ to explain the contents that have been announced;
3. The applicant can correct the application materials on site;
4. The applicant can apply for administrative reconsideration to relevant administrative organs if it believes that this administrative organ infringes its legal rights and interests; if the applicant is dissatisfied with the decision of administrative reconsideration, it can file an administrative lawsuit in accordance with the law;
5. The applicant can directly file a lawsuit to the people's court according to the law;
6. Other rights conferred by the law.
The applicant shall have the following obligations according to laws:
1. The applicant should apply for administrative approval legally;
2. The applicant should provide materials that are true and reflect real conditions;
3. The applicant should actively coordinate the reviewer in review-related matters;
4. Other obligations required by the law.
Consultation Method
Consultation Phone
（021）23115988、23116160、23116161、23116162
Consultation Approach
Supervision and Complaint Metho
Complaint Phone
（021）12345
Complaint Channel
Website of Shanghai Municipal Commission of Housing，Urban-Rural Development and Management(http://zjw.sh.gov.cn/)
FAQs
Common Unacceptable Sample
No
