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浙江省住房改革委员会办公室


浙江省房改房进入市场试点暂行办法
浙江省住房改革委员会办公室



第一条 为了贯彻落实浙江省人民政府《关于加快住宅建设促进我省住宅流通和消费的通知》中关于“开展房改房进入市场试点”的规定，加强对房改房进入市场试点的管理，根据《国务院关于深化城镇住房制度改革的决定》和有关法律、法规的规定，制定本暂行办法。
第二条 本办法所称的房改房包括：
（一）房改中房地产管理部门和单位按房改政策出售给个人的公有住房；
（二）国家给优惠政策、出售给个人的经济适用住房；
（三）国家扶持、单位补贴、个人集资建造的集资合作建设的住房。
第三条 房改房进入市场的形式包括：出售、出租、交换和抵押。
以下三类房改房暂不允许进入市场：
第一类：机关、企事业单位领导干部购买或集资建造的超标准的房改房（包括面积超标准和档次超标准，具体标准由各市、县制定）。
第二类：违反规定一户购买两套以上房改房及既租住公房又按房改政策购买的房改房。
第三类：户籍冻结地区的房改房。
第四条 市、县开展房改房进入市场试点必须根据本暂行办法制定试点方案，报省住房改革委员会办公室批准后方可组织实施。试点方案应包括以下内容：
（一）对房改房进入市场已制定了补交土地出让金或土地收益金的具体办法；
（二）已制定了房改房价格评估制度；
（三）对房改房进入市场应交纳的税费已制定了具体的征管办法。
第五条 各市、县人民政府房地产行政主管部门（以下简称房地产管理部门）会同当地房改部门负责本市、县城镇房改房进入市场的管理工作。
第六条 房改房出售时，房屋所有权和该房屋占用范围内的土地使用权同时转让。
第七条 职工、居民出售房改房，除必须符合国家有关法律、法规、行政规章的规定外，还应遵守下列规定：
（一）出售机关工作区、企业生产区院内的房改房，在同等条件下，原产权单位有优先购买权；
（二）出售拥有部分产权的房改房，必须按出售当年成本价补足房价款，取得全部产权后，才可进入市场出售；
（三）职工原购买公有住房时与原售房单位有约定的，应遵守约定。
第八条 职工、居民出售房改房，必须由本人向房地产管理部门提出申请，经当地房改办签署意见，按规定办理价格申报、价格评估和产权过户手续。
第九条 个人出售房改房，应按规定缴纳下列税费：
（一）土地收益金或土地出让金。由当地政府收取，收取标准按国家、省有关规定执行；
（二）营业税、城建税、教育费附加等，按私房买卖的规定缴纳。缴纳方式实行综合税率，向出售方一次征收；
（三）契税。按成交价3％计征，由买方缴纳；
（四）印花税。按私房买卖的规定交纳；
（五）交易管理费。暂按省现行规定的标准减半缴纳。
第十条 职工、居民出售拥有完全产权的房改房时，在按本办法第九条规定交纳税费后，收入归个人所有。原售房单位和购房职工交缴的共用部位维修基金仍留存维修基金管理机构，随房转移、使用。
第十一条 出租房改房按《浙江省房屋租赁管理条例》的规定办理。
第十二条 出租房改房应按规定交纳下列税费：
（一）营业税、城建税、教育费附加、房产税等，按私房出租的规定缴纳，为简化手续，实行租赁综合税率，向出租方一次征收；
（二）印花税。按出租私房的规定交纳；
（三）租赁管理费。按省规定标准减半收取，由出租方承担，每年交一次。
第十三条 出租部分产权的房改房，应事先征得原售房单位同意，在同等条件下，原售房单位有优先租赁权。租金收入在扣除税费后的净收益，个人只能得所占比例部分，其余部分应交给原售房单位，纳入单位住房基金。房改房出租方还应按规定补交土地收益金。
第十四条 房改房相互交换，房改房与私房交换，均按私房换房对待。超过价值相等部分，按本办法第九条规定交纳税费。房改房出让方还应按规定补交土地收益金。
第十五条 个人以房改房与房地产开发企业调换商品住宅自住的，及个人出售房改房后一年内首次购买商品住宅的，均按换房对待。商品房按物价部门批准的价格计价，房改房按市场评估价格计价。如房改房价值超过商品房价值的，超过部分按本办法第九条规定交纳税费；如商品房价
值超过房改房价值的，超过部分，按出售商品房规定交纳税费。房改房转让方还应按评估价格补交土地收益金或土地出让金。
第十六条 个人以房改房向抵押权人提供债务履行担保时，必须按《中华人民共和国城市房地产管理法》有关条文的规定和建设部、中国人民银行《关于加强与银行贷款业务相关的房地产抵押和评估管理工作的通知》和省城乡建设厅、中国人民银行浙江省分行关于转发该通知的贯彻意
见的规定办理。
第十七条 本办法只适用于房改房首次进入市场。房改房出售或交换以后再次进入市场交易的，按有关私房交易政策办理。
房改房出售、交换以后，不得再向单位要求分配住房、购买住房和换购住房。
第十八条 本办法由浙江省住房改革委员会办公室负责解释。



1997年11月21日
The Standing Committee of the National People's Congress


MARITIME TRAFFIC SAFETY LAW OF THE PEOPLE'S REPUBLIC OF CHINA

(Adopted at the Second Meeting of the Standing Committee of the
Sixth National People's Congress, promulgated by Order No. 7 of the
President of the People's Republic of China on September 2, 1983, and
effective as of January, 1, 1984)

Contents
Chapter I General Provisions
Chapter II Inspection and Registration of Vessels
Chapter III Personnel on Vessels and Installations
Chapter IV Navigation, Berthing and Operations
Chapter V Safety Protection
Chapter VI Transport of Dangerous Goods
Chapter VII Rescue from Disasters at Sea
Chapter VIII Salvage and Removal of Sunken and Drifting Objects
Chapter IX Investigation and Handling of Traffic Accidents
Chapter X Legal Liability
Chapter XI Special Provisions
Chapter XII Supplementary Provisions

Chapter I General Provisions
Article 1
This law is formulated in order to strengthen the control of maritime
traffic; ensure the safety of vessels, installations, human life and
property; and safeguard the rights and interests of the state.
Article 2
This Law shall apply to all vessels, installations and personnel and to
the owners and managers of such vessels and installations that navigate,
berth or operate in the coastal waters of the People's Republic of China.
Article 3
The harbour superintendence agencies of the People's Republic of China
shall be the competent authorities responsible for the unified supervision
and administration of traffic safety in the coastal waters.

Chapter II Inspection and Registration of Vessels
Article 4
Vessels and their major equipment relating to navigation safety must have
valid technical certificates issued by vessel inspection departments.
Article 5
A vessel must have a certificates showing its nationality, a vessel
registry certificate or a vessel licence.

Chapter III Personnel on Vessels and Installations
Article 6
Vessels shall be manned with qualified crew members according to a
standard quota to ensure the vessels' safety.
Article 7
The captain, chief engineer, pilot, engineers, radio and telephone
operators and similar personnel on board seaplanes or submersibles must
hold valid job certificates. All other crew members must undergo
specialized technical training required for their work.
Article 8
In accordance with state provisions, all installations shall be provided
with personnel who have mastered the techniques of collision avoidance,
signalling, communications, fire control, life-saving and other
operations.
Article 9
All personnel on vessels and installations must observe relevant rules and
regulations concerning maritime traffic safety, follow the operating rules
and ensure the safety of the vessels and installations in navigation,
berthing and operations.

Chapter IV Navigation, Berthing and Operations
Article 10
While navigating, berthing or carrying out operations, vessels and
installations must abide by the relevant laws, administrative statutes and
rules and regulations of the People's Republic of China.
Article 11
Non-military vessels of foreign nationality may not enter the internal
waters and harbours of the People's Republic of China without the approval
of its competent authorities. However, under unexpected circumstances such
as critical illness of personnel, engine breakdown or the vessels being in
distress or seeking shelter from weather when they do not have the time to
obtain approval, they may, while entering China's internal waters of
harbour, make an emergency report to the competent authorities and shall
obey its directions.
Military vessels of foreign nationality may not enter the territorial
waters of the People's Republic of China without the approval of the
Government of the People's Republic of China.
Article 12
Vessels sailing on international routes that enter and leave the harbours
of the People's Republic of China must accept inspection by the competent
authorities. Vessels of Chinese nationality sailing on domestic routes
that enter and leave such harbours must obtain port entry and departure
visas.
Article 13
Vessels of foreign nationality entering and leaving a harbour of the
People's Republic of China, navigating or shifting berths in the harbour
area, or approaching or leaving mooring points or loading spots outside
the harbour must be navigated by a pilot designated by the competent
authorities.
Article 14
When entering or leaving harbours or passing through controlled traffic
areas, crowded navigable areas or areas where navigational conditions are
restricted, vessels must observe the special regulations promulgated by
the Government of the People's Republic of China or by the competent
authorities.
Article 15
Vessels shall be prohibited from entering or passing through restricted
navigation zones unless specially permitted by the competent authorities.
Article 16
Towing operations on the open sea involving large-sized installations and
mobile platforms must undergo towing inspection conducted by vessel
inspection departments and be reported to the competent authorities for
examination and approval.
Article 17
If the competent authorities finds the actual condition of a vessel to be
not in conformity with what is stated in the vessel's certificates, it
shall have the right to require the vessel to apply for a new inspection
or notify its owner or manager to adopt effective safety measures.
Article 18
If the competent authorities believes that a vessel presents a menace to
the safety of a harbour, it shall have the right to forbid the vessel from
entering the harbour or to order it to leave the harbour.
Article 19
The competent authorities shall have the right to forbid a vessel or an
installation from leaving the harbour or order it to suspend its voyage,
change its route or cease its operations under any one of the following
circumstances:
(1) if it violates any law, administrative statute or other rule or
regulation of the People's Republic of China;
(2) if it is in a condition unsuitable for navigation or towing;
(3) if it was involved in a traffic accident and has not completed the
necessary formalities;
(4) if it has not paid the fees that are due or furnished appropriate
security to the competent authorities or the department concerned: or
(5) if the competent authorities considers that there are other
circumstances that will jeopardize or might jeopardize maritime traffic
safety.

Chapter V Safety Protection
Article 20
Construction operations to be carried out on the surface or underwater in
coastal waters and the demarcation of corresponding safe operation zones
must be reported to the competent authorities for examination and approval
and must be publicly announced. Vessels not involved in the construction
project may not enter the safe operation zones. The construction unit may
not enlarge such zones without authorization. When shore lines are to be
used in harbour areas or when construction work, including overhead
operations, is to be carried out on the sea surface or underwater in such
areas, the plan and a drawing thereof must be submitted to the competent
authorities for examination and approval.
Article 21
The designation of restricted navigation zones in coastal waters must be
approved by the State Council or the competent authorities. However, the
designation of restricted navigation zones for military purposes shall be
approved by the competent department of the state in charge of military
affairs.
The restricted navigation zones shall be announced by the competent
authorities.
Article 22
Without the approval of the competent authorities, no installations may be
established or constructed, nor may any activities that hinder
navigational safety be carried out in harbour areas, anchorages,
navigation lanes, or crowded navigable areas, as well as in navigation
routes announced by the competent authorities.
With respect to any installations which have been established or
constructed in the above-mentioned areas without authorization, the
competent authorities shall have the right to order their owners to remove
or dismantle the installations within a given period of time.
Article 23
It shall be forbidden to damage navigation aids or navigational
facilities. Whoever has damaged navigation aids or navigational facilities
shall immediately report the damage to the competent authorities and be
liable for compensation.
Article 24
Vessels and installations shall promptly make a report to the competent
authorities if they discover any of the following situations:
(1) If navigation aids or navigational facilities malfunction or become
abnormal;
(2) if an obstacle or drifting object jeopardizing the safety of
navigation is discovered; or
(3) if there are other abnormal situations jeopardizing the safety of
navigation.
Article 25
No obstacle affecting the efficacy of navigation aids may be erected or
installed in areas surrounding the aids. Any lights in the vicinity of the
navigation aids or navigational lanes that jeopardize navigation safety
shall be properly screened.
Article 26
When removing or dismantling installations, salvaging or removing sunken
ships or objects, and handling the finishing operations of underwater
projects, no hidden dangers shall be left to menace navigational or
operational safety. Before the aforesaid operations have been properly
completed, their owners or managers must be responsible for erecting
markers as required and making an accurate report to the competent
authority on the type, shape, size and location of the obstacle and the
depth of water over it.
Article 27
Safety administration must be strengthened with respect to harbour
wharves, mooring points and loading spots outside of harbour areas as well
as ship locks, so that they are always kept in good condition.
Article 28
To meet the requirements of maritime traffic safety, the competent
authority shall fix and adjust traffic control areas and harbour
anchorages. The designation of anchorages outside of harbour areas shall
be announced by the competent authority after the report relative thereto
has been submitted to and approved by higher authorities.
Article 29
The competent authorities shall, in accordance with relevant provisions of
the state, be responsible for issuing navigational warnings and
navigational notices.
Article 30
In order to ensure the safety of navigation, berthing and operations, the
departments concerned shall maintain unimpeded communications facilities,
ensure distinct and effective navigation aids and navigational facilities
and, in a timely manner, provide offshore meteorological forecasts and
necessary books and reference materials concerning maritime navigation.
Article 31
When vessels and installations are involved in accidents that jeopardize
or may jeopardize traffic safety, the competent authorities shall have the
right to take necessary, compulsory measures to deal with the matter.

Chapter VI Transport of Dangerous Goods
Article 32
When vessels or installations store, load, unload or transport dangerous
goods, they must maintain safe and reliable equipment and conditions and
observe the state provisions governing the control and transport of
dangerous goods.
Article 33
When vessels load and transport dangerous goods, they must go through the
procedures for declaration to the competent authorities and they may not
enter or leave the harbour or load or unload until approval has been
obtained.

Chapter VII Rescue from Disasters at Sea
Article 34
When vessels, installations or aircraft are in distress, they shall, in
addition to issuing distress signals calling for help, use the quickest
method possible to report to the competent authorities the time and place
of the accident, the extent of damage, the assistance required and the
cause of the accident.
Article 35
Vessels, installations or aircraft in distress and their owners or mangers
shall take all effective measures to organize their own rescue efforts.
Article 36
When vessels or installations in the vicinity of the scene of an accident
receive a distress signal or discover that people's lives are endangered,
they shall do their best to rescue the people in distress insofar as their
own safety is not seriously endangered, and promptly report to the
competent authorities the situation at the scene, their own names, call
numbers and positions.
Article 37
Vessels or installations involved in a collision shall exchange their
names, nationalities and ports of registry and do their best to rescue
personnel in distress. The vessels involved may not leave the scene of
the accident without authorization, insofar as their own safety is not
seriously endangered.
Article 38
Upon receiving a request for rescue, the competent authorities shall
immediately organize a rescue operation. All units concerned and vessels
or installations in the vicinity of the scene must act under the orders of
the competent authorities.
Article 39
When a foreign country intends to dispatch vessels or aircraft into the
territorial waters or the airspace over the territorial waters of the
People's Republic of China to search for and rescue vessels or people in
distress, it must obtain the approval of the competent [Chinese]
authorities.

Chapter VIII Salvage and Removal of Sunken and Drifting Objects
Article 40
With respect to sunken or drifting objects that may affect the safety of
navigation and the management of navigation lanes, as well as those
constituting a threat of explosion, the owners or managers thereof shall
salvage and remove such objects within a deadline set by the competent
authorities. Otherwise, the competent authorities shall have the right to
take measures to compel the salvage and removal of the objects, and their
owners or managers shall bear all the expenses incurred thereby.
The provisions of this Article shall not prejudice the rights of the
owners or managers of the sunken or drifting objects to demand
compensation from third parties.
Article 41
No sunken vessels or sunken objects in the coastal waters may be salvaged
or dismantled without the approval of the competent authorities.

Chapter IX Investigation and Handling of Traffic Accidents
Article 42
Any vessel or installation involved in a traffic accident shall submit a
written accident report and relative materials to the competent
authorities and accept its investigation and handling of the accident.
While being investigated by the competent authorities the parties involved
in the accident and relevant personnel must give a truthful account of
circumstances at the scene of the accident and other relevant information.
Article 43
In the event of a traffic accident that involves a vessel or installation,
the competent authorities shall ascertain the cause of the accident and
fix the responsibility for it.

Chapter X Legal Liability
Article 44
The competent authorities shall, in the light of the circumstances, impose
one or more of the following penalties on anyone who violates this Law:
(1) warnings;
(2) withholding or revoking work certificates; or
(3) fines.
Article 45
If a party does not accept the penalty of a fine or revocation of his work
certificate imposed by the competent authorities, he may bring suit in a
people's court within 15 days after receiving notification of the penalty.
If he neither brings suit nor complies with the penalty upon the
expiration of that period, the competent authorities shall request
compulsory enforcement from the people's court.
Article 46
A civil dispute arising from a maritime traffic accident may be settled
through mediation by the competent authorities. If the parties are
unwilling to have the case mediated or if the mediation is unsuccessful,
the parties may bring suit in the people's court. Parties to a case
involving foreign interests may also submit the case to an arbitration
agency for mediation, in accordance with the written agreement concluded
between them.
Article 47
Those whose violation of this Law constitutes a crime shall be
investigated for their criminal responsibility by judicial organs in
accordance with the Law.

Chapter XI Special Provisions
Article 48
Within the waters of fishing harbours, the state fisheries administration
and fishing harbour superintendence agencies shall exercise the functions
and powers of the competent authorities as provided in this Law, being
responsible for the supervision and administration of traffic safety and
for the investigation and handling of traffic accidents between fishing
vessels in coastal waters. Concrete measures for implementation shall be
separately prescribed by the State Council.
Article 49
The internal administration of offshore military jurisdictional areas and
military vessels and installations, the administration of surface and
underwater operations carried out for military purposes, and the
inspection and registration of public security vessels, the provision of
their personnel and the issuing of their port entry and departure visas
shall be separately prescribed by the relevant competent departments of
the state in accordance with this Law.

Chapter XII Supplementary Provisions
Article 50
For the purpose of this Law, the definitions of the following terms are:
"Coastal waters" means the harbours, inland waters, territorial waters and
all other sea areas under the jurisdiction of the state along the seacoast
of the People's Republic of China.
"Vessels" means all types of displacement or non-displacement ships,
rafts, seaplanes, submersibles and mobile platforms.
"Installations" means all types of surface and underwater structures or
installations, whether fixed or floating, and fixed platforms.
"Operations" means investigations, exploration, exploitation, survey
construction, dredging, demolition, rescue, salvage, towing, fishing,
aquatic breeding, loading and unloading, scientific experimentation and
other surface and underwater operations.
Article 51
The competent department of the State Council shall, on the basis of this
Law, formulate rules for its implementation, which shall go into effect
after being submitted to and approved by the State Council.
Article 52
In cases of conflict between laws and regulations pertaining to maritime
traffic safety hitherto promulgated and this Law, this Law shall prevail.
Article 53
This Law shall go into effect on January 1, 1984.




Important Notice:
This English document is coming from "LAWS AND REGULATIONS OF THE
PEOPLE'S REPUBLIC OF CHINA GOVERNING FOREIGN-RELATED MATTERS" (1991.7)
which is compiled by the Brueau of Legislative Affairs of the State
Council of the People's Republic of China, and is published by the China
Legal System Publishing House.
In case of discrepancy, the original version in Chinese shall prevail.