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Q: what are foreign ownerzhip property rules for Heilongjong province ?
so the wife wants to now get Australian citizenship after 10 years living in Australia. So how will that effect our efforts to buy in China ?,
anybody on here done it ?
What icnif hasn't mentioned in his c&p is that foreigners can only own one residential property in China and it must be for living in, not for renting out.
Chinese Property law applies equally in all China.
https://en.wikipedia.org/wiki/Chinese_property_law
Highlights:
Real property rights[edit]
An investor who wants to invest or develop land or property in China must bear in mind China's property laws, most notably the property law introduced in 2007,[7] which for the first time protects the interest of private investors to the same extent as that of national interests.[8]
Types[edit]
Real property rights in China can generally be grouped into three types. The first type is ownership rights. The second type is usufructuary rights, and the third is security rights.
Buying land[edit]
A foreign investor is not allowed to buy land in China. The land in China belongs to the state and the collectives.
Obtaining land use rights[edit]
A land user obtains only the land use right, not the land or any resources in or below the land.[24] A land grant contract shall be entered into between the land user and the land administration department of the people’s government at municipal or county level.[25]
The land grant contract must be signed. Land use rights can be obtained from the land administration department by agreement, tender or auction.[26] Regardless of the method by which the land use rights is granted, a contract for grant of land use right, or more commonly known as a land grant contract, must be entered into by the land user and the local land administration authority or municipal governments at or above the county level as grantor.[27]
Article 12 of the Provisional Regulations on Grant and Assignment of Urban State-owned Land Use Right states the different duration of rights provided for different purposes.
PurposeYears of GrantLand for residential purposes70 yearsLand for industrial purposes50 yearsLand for purposes of educational, scientific and technological, cultural, health care or sports50 yearsLand for commercial, tourism or recreational purposes40 yearsLand for combined usage or other purposes
50 years
Abuse by the government through a catch-all phrase of "Public Interest"[edit]
The Chinese government, while liberalizing its property laws, has still preserved its right to reclaim any property from an individual, as long as there is a public policy consideration. In 2004, it amended its 1982 Constitution to include that the Government has to pay the person compensation for expropriation(征收) or requisition (征用). However, the article neither provides, either in the constitution or in any subsidiary legislation, for the quantum of the payment, nor does it stipulate that the payment must be proportional to the size of the land. This has led to abuse by government bodies, especially in rural areas. Expropriation of land from farmers is the most frequent cause of complaint among farmers.[51] However, in 2011, the Chinese Government released regulations clarifying this, which promise to provide more transparency and a fairer compensation system.[33]
Western critics continue to call for greater transparency[citation needed], but such is a difficult state of affairs to arrive at, given the largely entrenched system of state bureaucracy in China.[citation needed]
What icnif hasn't mentioned in his c&p is that foreigners can only own one residential property in China and it must be for living in, not for renting out.
Be aware that the Chinese government (I think like most governments) have a policy that if you take citizenship elsewhere, you give up your citizenship in the first country - ie, no dual citizenship allowed...
BUTTT.... you have to tell them! ie, the Aus gov't is NOT going to send an email to any part of the Chinese government saying that she is revoking her Chinese citizenship, and thus, she's able to retain her Chinese citizenship.
Stiggs:
That's how I understand it too, there is no dual citizenship allowed in China. Of course, like you say, that's only if they know.
I thought most countries did allow dual citizenship though, China being one of the few exceptions.
Phil, would putting the house in someone else's name be an option? Maybe the inlaws?
That's assuming you couldn't buy it yourself of course.
philbravery:
the idea would be to DIY a place and then rent to foreign teachers and i have good family so can do that
Bought one with payments from the bank, all in her name, 70 year lease on the space in a new skyscraper. That was 2009, still waiting on the license. I dont plan on selling anytime soon so i am ok with that. Oh, by the way, the building is still in almost new condition. Do your home work on the contractor and you can find decent quality stuff.
philbravery:
i will be DIY a old building in nth east so cost and quality are not really issues thanks for your reply though
