Notice of the State Administration of Foreign Exchange and Ministry of Construction on Regulating the Administration of Foreign Exchange in Real Estate Market | | 国家外汇管理局、建设部关于规范房地产市场外汇管理有关问题的通知 |
| (Issued by the No. 47 [2006] of the State Administration of Foreign Exchange on September 1, 2006; and amended according to the Notice No. 20 [2015] of the State Administration of Foreign Exchange on Repealing and Amending Relevant Regulatory Documents Involving the Reform of the Registration System for Registered Capital on May 4, 2015) | | （2006年9月1日汇发〔2006〕47号发布 根据2015年5月4日汇发[2015]20号《国家外汇管理局关于废止和修改涉及注册资本登记制度改革相关规范性文件的通知》修正） |
| The branches of the State Administration of Foreign Exchange and the foreign exchange administrative departments in all provinces, autonomous regions, and municipalities directly under the Central Government, the branches of the State Administration of Foreign Exchange in Shenzhen, Dalian, Qingdao, Xiamen, Ningbo, the construction departments in all provinces and autonomous regions, bureaus of houses, land and resources (construction commissions) in all municipalities directly under the Central Government, headquarters of all designated Chinese-funded foreign exchange banks, | | 国家外汇管理局各省、自治区、直辖市分局、外汇管理部，深圳、大连、青岛、厦门、宁波市分局；各省、自治区建设厅，直辖市房地局（建委）；各中资外汇指定银行总行： |
| For purposes of implementing the Opinions on Regulating the Admission and Administration of Foreign Investments to the Real Estate Market issued by the Ministry of Construction and other 5 ministries and commissions (No. 171 [2006] of the Ministry of Construction) and promoting the sound development of the real estate market, you are hereby notified of the following items concerning the regulation of admission and administration of foreign investments to the real estate market: | | 为落实建设部等六部委发布的《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），促进房地产市场健康发展，现就规范房地产市场外资准入和管理所涉及的外汇管理事宜通知如下： |
| I.Where a branch or representative office established by an overseas institution within China (hereinafter referred to as the "domestic branch or representative office") purchases commercial houses for self use in the registration place so as to meet its actual needs, it shall comply with the following provisions: | | 一、境外机构在境内设立的分支、代表机构（以下简称“境内分支、代表机构”）在注册登记地购买符合实际需要的自用商品房应按以下规定办理： |
| (1) If the money for house purchase is remitted from abroad, it shall apply to the designated foreign exchange bank upon the strength of the following documents. After the designated foreign exchange bank confirms the genuineness of these documents upon examination, the money for house purchase may be directly transferred to the RMB account of the real estate development enterprise after it is converted into RMB: | | （一）从境外汇入购房款的，应持以下文件向外汇指定银行申请，外汇指定银行进行真实性审核确认后，将购房外汇资金结汇后直接划入房地产开发企业的人民币账户： |
| (a)The contract on the sale or advance sale of commercial house; | | 1、商品房销售合同或预售合同； |
| (b)The approval document on the establishment of the domestic branch or representative office, and a valid registration certification; | | 2、境内分支、代表机构获准设立的批准文件和有效登记证明； |
| (c)The archival filing of the contract on the advance sale of commercial house that this domestic branch or representative office purchases in its registration place, as well as other certifications issued by the real estate administrative department; and | | 3、房地产主管部门出具的该境内分支、代表机构在注册登记地购房的商品房预售合同登记备案等相关证明； |
| (d)The written declaration that the commercial house it purchases meets the principle of actual needs for self use. | | 4、所购商品房符合实需自用原则的书面承诺。 |
| The foreign exchange current account of a real restate development enterprise shall not keep any house purchase money of any domestic branch or representative office remitted from abroad. | | 房地产开发企业的经常项目外汇账户不得保留境内分支、代表机构境外汇入的购房款。 |
| (2)If the money for house purchase is paid from a foreign exchange account within China, an application shall filed with the designated foreign exchange bank upon the strength of all documents as listed in Paragraph 1 of this Article. After the designated foreign exchange bank confirms the genuineness of the said documents upon examination, the money for house purchase may be directly transferred to the RMB account of the real estate development enterprise after it is converted into RMB. The fund in the current account of a domestic representative office shall not be converted into RMB to purchase any domestic commercial house. | | （二）从境内外汇账户支付购房款的，应持本条第（一）款规定的各项文件向外汇指定银行申请，外汇指定银行进行真实性审核确认后，将购房结汇资金直接划入房地产开发企业人民币账户。境内代表机构经常项目账户资金不得结汇购买境内商品房。 |
| II. An overseas individual who is bound to work or study within China for more than one year may purchase a commercial house so as to meet his actual needs. He shall comply with the following provisions: | | 二、在境内工作、学习时间超过一年的境外个人，可购买符合实际需要的自住商品房，并按以下规定办理： |
| (1) If the money for house purchase is remitted from abroad, he shall apply to the designated foreign exchange bank upon the strength of the following documents. After the designated foreign exchange bank confirms the genuineness of these documents upon examination, the money for house purchase may be directly transferred to the RMB account of the real estate development enterprise after it is converted into RMB: | | （一）从境外汇入购房款的，应持以下文件向外汇指定银行申请，外汇指定银行进行真实性审核确认后，将购房外汇资金结汇后划入房地产开发企业的人民币账户： |
| (a)The contract on the sale or advance sale of commercial house; | | 1、商品房销售合同或预售合同； |
| (b)A valid passport and other identity certifications; | | 2、有效护照等身份证明； |
| (c)A valid employment contract or certificate for his status as a student for a period of one year or more in China; | | 3、一年期以上的境内有效劳动雇佣合同或学籍证明； |
| (d)The archival filing of the contract on the advance sale of commercial house that this overseas individual purchases in the city where he is located, as well as other certifications issued by the real estate administrative department. | | 4、房地产主管部门出具的该境外个人在所在城市购房的商品房预售合同登记备案等相关证明。 |
| The foreign exchange current account of a real restate development enterprise shall not keep any house purchase money of any domestic branch or representative office remitted from abroad. | | 房地产开发企业的经常项目外汇账户不得保留境外个人境外汇入的购房款。 |
| (2) If the money for house purchase is paid from a foreign exchange account within China, an application shall filed with the designated foreign exchange bank upon the strength of all documents as listed in Paragraph 1 of this Article. After the designated foreign exchange bank confirms the genuineness of the said documents upon examination, the money for house purchase may be directly transferred to the RMB account of the real estate development enterprise after it is converted into RMB. | | （二）从境内外汇账户支付购房款的，应持本条第（一）款规定的各项文件向外汇指定银行申请，外汇指定银行进行真实性审核确认后，将购房结汇资金直接划入房地产开发企业人民币账户。 |
III. A Hong Kong, Macao or Taiwan resident or an overseas Chinese may purchase a certain area of commercial house within China so as to meet his needs. He shall comply with the following provisions:
．．．．．． | | 三、港澳台居民和华侨因生活需要，可在境内购买一定面积的自住商品房，并按以下规定办理：
．．．．．． |
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