Notice of the National Development and Reform Commission, the Supreme People's Court and the Ministry of Land and Resources on Imposing Punitive Measures on Dishonest Judgment Debtors to Restrict Their Real Estate Transactions

• Document Number：No. 370 [2018] of the National Development and Reform Commission
• Area of Law： Real Estate
• Level of Authority： Departmental Rules
• Date issued：03-01-2018
• Effective Date：03-01-2018
• Status： Effective
• Issuing Authority： State Development & Reform Commission (incl. former State Development Planning Commission) Supreme People's Court Ministry of Land & Resources

Notice of the National Development and Reform Commission, the Supreme People's Court and the Ministry of Land and Resources on Imposing Punitive Measures on Dishonest Judgment Debtors to Restrict Their Real Estate Transactions
(No. 370 [2018] of the National Development and Reform Commission)
The entities taking the lead in the development of the social credit system, higher people's courts, and land and resources departments (bureaus) of all provinces, autonomous regions, municipalities directly under the Central Government, and the Xinjiang Production and Construction Corps:
For the purposes of thoroughly studying and implementing the Xi Jinping Thought on Socialism with Chinese Characteristics in a New Era and the spirit of the 19th CPC National Congress, further implementing the relevant requirements of the Opinions of the General Office of the CPC Central Committee and the General Office of the State Council on Accelerating the Advancement of the Development of a Credit Supervision, Warning and Punishment Mechanism for Dishonest Judgment Debtors (No. 64 [2016],General Office of the CPC Central Committee), the Guiding Opinions of the State Council on Establishing and Improving the System of Joint Incentive for Keeping Faith and Joint Punishment for Losing Faith and Accelerating the Advancement of the Development of Social Honesty (No. 33 [2016], State Council), and the Several Provisions of the Supreme People's Court on Restricting High Consumption of Judgment Debtors (Interpretation No. 8 [2010], SPC), imposing more severe punishment on dishonest judgment debtors, and establishing and improving the joint reward and punishment mechanism, the National Development and Reform Commission, the Supreme People's Court and the Ministry of Land and Resources will jointly impose punitive measures on dishonest judgment debtors and their legal representatives, primary persons in charge, actual controllers, and directly liable personnel affecting performance of obligations to restrict their real estate transactions. You are hereby notified of the relevant matters as follows:
I. The people's courts at all levels shall restrict dishonest judgment debtors and their legal representatives, primary persons in charge, actual controllers, and directly liable personnel affecting performance of obligations from participating in judicial auctions of properties.
II. The municipal and county land and resources departments shall restrict dishonest judgment debtors and their legal representatives, primary persons in charge, actual controllers, and directly liable personnel affecting performance of obligations from obtaining government-supplied land.
III. The land and resources departments and the people's courts across the country shall actively promote the establishment of the mechanisms for the connection and sharing of real estate registration information and information on the lists of dishonest judgment debtors at the same levels, and, in regions where conditions permit, land and resources departments shall notify the relevant information to the people's courts when handling real estate registration for dishonest judgment debtors and their legal representatives, primary persons in charge, actual controllers, and directly liable personnel affecting performance of obligations in relation to changes of real estate rights, such as transfer, mortgage, and modification, to facilitate the enforcement measures taken by the people's courts according to the law.
IV. The information connection and sharing mechanisms of the national credit information sharing platform and the national real estate registration information platform shall be established and improved. The national credit information sharing platform shall push the information on the lists of dishonest judgment debtors provided by the Supreme People's Court to the national real estate registration information platform in a timely manner; and the national real estate registration information platform shall return the real estate registration information under the names of dishonest judgment debtors to the national credit information sharing platform in a timely manner.
National Development and Reform Commission
Supreme People's Court
Ministry of Land and Resources
March 1, 2018