(September 1, 2021)
JDPG D [2021] No. 3
Attention: all Commissions, Offices and Bureaus (Administrations) of the District People’s Government, all Sub-district Offices, Pengpu Town People’s Government, and related enterprises:
Rules of Jing’an District for the Administration of Enterprise Residence Registrationmadeby the District Market Supervision Administration were approved at the 231st Routine Meeting of the District People’s Government. We hereby transmit them to you, and request you to implement them conscientiously.
Rules of Jing’an District for the Administration of
Enterprise Residence Registration
Article 1 (Purposes and Basis)
With a view to further implementing the provisions of the Procedures of Shanghai Municipality on the Administration of Enterprise Residence Registration (SMPG GO G [2015] No. 15), reasonably releasing various venue resources, reducing entrepreneurial costs, stimulating the vitality of market entities, and continuing to promote the implementation of the development strategy of“One Axis, Three Belts” and the “Global Service Providers” planin Jing’an District, and further creating a legal, international, and convenient business environment, these Rules are formulated in light of the actual circumstances of the District.
Article 2 (Scope of Application)
These Rules apply to the registration and administration of the residences of all types of enterprises and branch operation premises (hereinafter collectively referred to as “residences”) in this District.
These Rules do not apply to the use of military and armed police units as the residence of an enterprise.
Where laws, rules and regulations have other provisions on the residence of an enterprise, those provisions shall prevail.
Article 3 (Business Requirements)
Enterprises engaged in business activities in their residences shall abide by the provisions of laws, rules and regulations, and respect public order and good customs, and shall not disturb the order of the market economy or harm the public interests of society.
Business activities involving licensing approval items shall comply with the relevant licensing approval provisions.
Article 4 (Non-residential housing)
Where non-residential houses are used as enterprise residences, the houses must not be illegal buildings and not belong to special parts/sections involving life and property safety, such as power distribution rooms, refuge floors/rooms, and evacuation passages.
Where an enterprise uses a residential community club as its residence, it shall conform to the purpose approved by the planning department. If there is no planned use or the planned use is changed, the owners whose own parts account for two-thirds or more and of whom the number accounts for two-thirds or more shall participate in the voting, and after the consent of the owners who own three-quarters of the area or moreand are in number of three-quarters of voters or more, the owners’ committee shall issue certification documents before the said club is used to engage in the appropriate production and operation activities.
If the actual residence of an enterprise is smaller than the smallest unit of the property right certificate, the applicant shall submit a floor plan of the division of the site issued by the property owner and attach a written description of the division.
Article 5(Residential Housing)
Where an urban residential house is used as a residence, the procedures for changing the nature of the use of the house shall be handled in accordance with the Provisions of Shanghai Municipality on the Administration of Residential Property. For houses that have already applied for a “residential to non-residential” certificate, such original certificate shall be presented.
Article 6 (Certificate of Use of Residence)
If an enterprise uses its own house when registering its residence, it shall submit a house ownership certificate; if it rents another person’s house, it shall submit a house ownership certificate and a lease agreement. Those who provide a registered lease contract may be exempted from submitting a house ownership certificate.
If the house ownership certificate of the residence used by the enterprise cannot be submitted, the following relevant certification materials may be submitted, and the business term of the license of the enterprise must be within the lease term of the residence:
1. If it is a public non-residential house, the Public Non-residential House Lease Contract may be submitted;
2. If it is a public civil defense project, relevant documents issued by the civil defense administrative department may be submitted;
3. If it belongs to a hotel or guesthouse, the business license of hotel or guesthouse may be submitted:
4. If it is a place in the commodity trading market, the business license of the market operation and management enterprisemay be submitted:
5. If the house is used by a commercial outlet, the approval document of the commercial outlet management department may be submitted;
6. If a house has been completed but the property right certificate has not been obtained, the construction project completion acceptance filing certificate and the house use certificatemay be submitted;
7. If it is a completed temporary commercial building, the temporary construction project planning permit may be submitted, and the lease term of the enterprise residence must be within the term of use of the temporary building; and
8. If the property right certificate of the house has not been obtained for reasonable reasons, other certification documents specified by the relevant district functional departments or the district people’s government may be submitted.
If the property right certificate does not have a specific road house number, the house number is unclear, or the house number on the property right certificate is inconsistent with the actual house number of the business premises, a certification document issued by the local public security department shall be submitted.
If the house involves subletting, a written document that the property owner agrees to the subletting shall be submitted.
Article 7 (Centralized Registration)
The district people’s government shall authorize the District Market Supervision Administration to designate one or more non-residential houses as centralized registration places for the residence registration of enterprises in this District whose business items do not disturb the residents or affect the surrounding environment, public safety or the safety of citizens’ lives and property. Business activities involving licensing matters shall comply with the relevant licensing approval requirements. Those who have not obtained the licensing approval shall not engage in relevant business activities.
All types of business parks, crowd-creation spaces, entrepreneurial incubation bases, etc., which can be used as centralized registration places, shall meet the following conditions:
1. The site for centralized registration should be non-residential houses such as offices and businesses with clear ownership, and special-purpose houses, temporary buildings, and houses with hidden safety hazards shall not be used as centralized registration places;
2. There is a clear and unified management unit; and
3. A corresponding management system is formulated.
If the site of an established centralized registration place changes, the place address can be changed if the conditions are met.
Article 8 (Multiple Certificates for One Site)
If one of the following conditions is met, the non-residential house at the same address can be registered as the residence of two or more enterprises:
1. Equity investment enterprises and equity investment management enterprises that are responsible for their management; and
2. There is an investment relationship between the enterprises and the same residence is used for office.
Where the centralized registration place designated by the District Market Supervision Administration is used as the residence, the provisions of the preceding Paragraph shall apply.
Article 9 (Comprehensive Supervision)
According to the complaint report or the random inspection of the enterprise public information, if the enterprise cannot be contacted via the registered residence, it shall be included in the list of business abnormalities in accordance with the law and publicized to society through the enterprise credit information publicity system.
Where enterprise residences shall meet specific conditions, or illegal buildings are used or the purpose of a house is changed without authorization to conduct business activities, the case shall be administrated by the departments of planning, construction, land, housing administration, public security, environmental protection, and safety supervision in accordance with the law; the matters involving licence examination and approval shall be supervised by administrative departments in charge of licence examination and approval in accordance with the law.
Article 10 (Reference to Applicable Terms)
The registration administration of the residences of farmers’ professional cooperatives and individual industrial and commercial households in this District shall be implemented with reference to these Rules.
Article 11 (Implementation Time)
These Rules shall be effective as of October 8, 2021, valid until December 31, 2024. The Implementation Rules of Jing’an District for the Administration of Enterprise Residence Registration(JDPG D [2021] No. 1) issued on February 3, 2021 shall be repealed at the same time.