(December 4, 2007 the Ministry of construction, Ministry of finance, the 165th promulgated as of February 1, 2008) Chapter I General provisions article in order to strengthen the management of residential special maintenance funds, protect the House parts, common facilities and equipment maintenance and proper use, maintenance special maintenance funds for houses the legitimate rights and interests of the owner, in accordance with the property law, property management regulations and other laws and administrative regulations, these measures are formulated.
    Second commercial housing, the sale of public housing residential special maintenance funds deposited, use, management, and supervision, these measures shall apply.
    Residential special maintenance funds mentioned in these measures refers to specially for residential shared parts, common facilities and equipment after expiration of the warranty repairs and renovation and transformation of the capital.
    Third article this approach by said residential total with parts, is refers to according to legal, and regulations and housing sale contract, by single building residential within owners or single building residential within owners and the and of structure connected of non-residential owners total of parts, General including: residential of based, and bearing wall body, and column, and beam, and floor, and roof and outdoor of wall surface, and Hall, and stairs between, and corridor channel,.
    This approach by said total with facilities equipment, is refers to according to legal, and regulations and housing sale contract, by residential owners or residential owners and the about non-residential owners total of subsidiary facilities equipment, General including elevator, and antenna, and lighting, and fire facilities, and green, and road, and street, and ditches, and pool, and well, and non-business sex yards garage, and public style facilities and total with facilities equipment using of housing,.
    Fourth residential special maintenance funds management account stores, earmarks, owners decision, the principle of supervision by the Government.
    Article fifth building departments of the State Council in conjunction with the financial departments of the State Council in charge of the national residential special maintenance fund guidance and supervision.
    Construction of local people's Governments at or above the county level (real estate) the competent departments responsible for the administration of the financial sector in the residential special maintenance fund guidance and supervision.
    Following property owners of the deposit of the sixth article in chapter II shall, in accordance with the regulations deposited with the House special maintenance fund: (a) the dwelling, but all and and other property owners do not have common parts, common facilities and equipment except, (ii) non-residential or residential district residential area outside the single residential and non-residential structure.
    Properties listed in the preceding paragraph are for sale of public housing, housing units should be sold in accordance with the regulations deposited with the House special maintenance funds.
    Article seventh residential owners, according to the owners of non-residential property owners deposited with the residential area of special maintenance fund, per square meter gross amounts deposited with the first phase of the residential special maintenance funds for local residential building installation engineering cost from 5% to 8% per square metre.
    Municipal, city and county building (real estate) competent authorities should be based on the situation in the region, ascertain, publish per square meter gross amounts deposited with the first residential special maintenance fund, and adjust.
    Article eighth of selling public housing, residential special maintenance funds deposited in accordance with the following provisions: (a) deposited with the building area of residential property ownership by the owner in accordance with the special maintenance fund, per square meter gross amounts deposited with the first residential special maintenance funds for the local cost of housing 2%.
    (B) the housing unit not less than under the multi-storey residential houses for sale 20%, high-rise residential house for sale not less than 30%, lump out of the House for sale residential special maintenance funds.
    Article Nineth all residential special maintenance funds that belong to the owner of the deposit.
    Derived from the sale of public housing, residential housing units of all special maintenance funds belonging to the public housing sale.
    Tenth meeting of owners before the establishment of residential landlords, residential special maintenance funds deposited by a non-residential property owners, by municipal, city and county building, where the property (real estate), Authority spokesman said.
    Municipal, city and county building (real estate) departments should delegate seat of a commercial bank, as this House within the administrative area of special maintenance fund managing bank accounts and bank account management open house special maintenance fund account.
    Open House special maintenance fund account shall be in Realty Management area set for the account, according to housing door set of household accounts; no delineation of the Realty Management area, building to account for the unit, according to housing door set of household accounts.
    11th general meeting before the establishment of sold public housing residential special maintenance fund, the property is located municipality, city, or County Finance Department building (real estate) departments in charge of management.
    Responsible for the management of public housing residential sector of special maintenance funds should be entrusted location, a commercial bank, as the public housing dwelling within the administrative area of special maintenance fund managing bank accounts, and manage bank accounts open public housing residential special maintenance fund account.
    Open public housing residential special maintenance fund account should be in accordance with the housing units for sale account, according to the set ratio, building, in which owners deposited residential special maintenance fund, according to housing door number ledgers.
    12th residential landlord shall, before going through the House checking, will be the first residential special maintenance special maintenance funds of funds into residential accounts.
    Owners of public housing for sale shall, before going through the House checking, will be the first residential residential special maintenance special maintenance funds into public housing fund account or handed over to the housing units in public housing residential special maintenance fund account.
    Sale of public housing units shall, from the date of receipt of the sale on 30th, extracts of special maintenance funds for houses in public housing residential special maintenance fund account.
    13th deposited in accordance with this regulation the first section houses special maintenance fund, developed employer or public housing housing housing may not be delivered to the purchaser.
    Article 14th account management banks on behalf of residential housing units of special maintenance fund shall be issued by the Ministry or provinces, autonomous regions and municipalities finance special maintenance funds for houses private bills produced by the Department.
    Article 15th after the establishment of the General Assembly, shall, in accordance with the following provisions transferred residential special maintenance funds deposited with the owner: (a) the general meeting shall entrust a commercial bank as the housing within the Realty Management area, where the special maintenance fund managing bank accounts and bank account management open house special maintenance fund account.
    Open House special maintenance fund account shall be in Realty Management area set for the account, according to housing door set of household accounts.
    (B) the location of the owners ' Committee shall notify the municipal, city and county building (real estate) departments involving public housing for sale, it shall notify the Department in charge of management of public housing residential special maintenance funds.
    (Three) municipalities, and city, and County Government construction (real estate) competent sector or is responsible for management public housing residential special maintenance funds of sector should in received notification of day up 30th within, notification designed households management bank will the property management regional within owners make save of residential special maintenance funds book balance designated turned to owners Assembly open state of residential special maintenance funds account, and will about accounts, transfer owners Committee. 16th residential special maintenance funds transfer account management unit, decided by the general meeting.
    Owners of residential special maintenance fund management system should be established by the General Assembly.
    Owners open a residential special maintenance fund account shall be subject to local municipalities, city and county building (real estate) the supervision of the competent authority.
    Article 17th book residential special maintenance fund balance of the household less than 30% of the initial deposit amount shall be promptly renew.
    Setting up an owners ' meeting, continued to make programmes decided by the general meeting.
    Establishment of an owners ' meeting, continued to make specific measures for the administration of the municipal, city and county building (real estate) formulated by the competent departments of the financial sector.
    Chapter III use 18th residential special maintenance funds should be earmarked for residential use parts, common facilities and equipment after expiration of the warranty repairs and renovation and transformation may not be diverted to any other use.
    19th residential energy use of special maintenance fund, shall follow the easy, open and transparent, the principles of the beneficiary and the burden is shared by the people.
    20th residential common parts, common facilities and equipment maintenance and renovation and transformation costs, assessed in accordance with the following provisions: (a) between commercial housing or shared between the residential and non-residential parts, common facilities and equipment maintenance and renovation and transformation costs, property owned by the owners concerned in accordance with their respective proportion to their area.
    (B) shared between after-sale public housing parts, common facilities and equipment maintenance and renovation and transformation costs, by the relevant owners and deposited with the sale of public housing units in accordance with the House special maintenance funds in proportion to which shall be borne by the owner, property owned by the owners concerned in accordance with their respective proportion to their area. (C) after-sale public housing and shared between residential or non-residential parts, common facilities and equipment maintenance and renovation and transformation costs, according to the area in proportion to the relevant properties.
    Among them, the cost of after-sale public housing should be assessed, and the owner and deposited with the sale of public housing units in accordance with the residential proportion of special maintenance funds.
    21st residential common parts, common facilities and equipment maintenance and renovation and transformation, involving unsold commercial housing, non-residential and public housing, development unit or public housing units should be in accordance with unsold commercial housing or public housing area, sharing costs of maintenance and renovation and transformation.
    22nd article residential special maintenance funds designated turned owners Assembly management Qian, need using residential special maintenance funds of, according to following program handle: (a) property service enterprise according to maintenance and update, and transformation project proposed using recommends; no property service enterprise of, by related owners proposed using recommends; (ii) residential special maintenance funds expenditures range within proprietary part accounted for buildings total area two-thirds above of owners and accounted for total number two-thirds above of owners discussion through using recommends; (C) property management service or the relevant owner organization and implementation programme;

    (Four) property service enterprise or related industry presided over about material, to location municipalities, and city, and County Government construction (real estate) competent sector application expenditures; which, use public housing residential special maintenance funds of, to is responsible for management public housing residential special maintenance funds of sector application expenditures; (five) municipalities, and city, and County Government construction (real estate) competent sector or is responsible for management public housing residential special maintenance funds of sector audit agreed Hou,
    Bank transfer to account management notification of special maintenance funds for houses; (f) residential special maintenance required to manage bank accounts transferred funds to repair units. 23rd article residential special maintenance funds designated turned owners Assembly management Hou, need using residential special maintenance funds of, according to following program handle: (a) property service enterprise proposed using programme, using programme should including intends maintenance and update, and transformation of project, and costs budget, and expenditures range, and occurred endanger housing security, emergency situation and other needed temporary using residential special maintenance funds of situation of disposal approach,; (ii) owners Assembly law through using programme; (three) property service enterprise organization implementation using programme ; (Four) property service enterprise holding about material to owners Committee proposed expenditures residential special maintenance funds; which, use public housing residential special maintenance funds of, to is responsible for management public housing residential special maintenance funds of sector application expenditures; (five) owners Committee according to using programme audit agreed, and reported municipalities, and city, and County Government construction (real estate) competent sector record; use public housing residential special maintenance funds of, by is responsible for management public housing residential special maintenance funds of sector audit agreed
    ; Municipalities, and city, and County Government construction (real estate) competent sector or is responsible for management public housing residential special maintenance funds of sector found not meet about legal, and regulations, and regulations and using programme of, should ordered corrected; (six) owners Committee, and is responsible for management public housing residential special maintenance funds of sector to designed households management bank issued designated turned residential special maintenance funds of notification; (seven) designed households management bank will by needed residential special maintenance funds designated turned to maintenance units.
    24th article occurred endanger housing security, emergency situation, need immediately on residential total with parts, and total with facilities equipment for maintenance and update, and transformation of, according to following provides expenditures residential special maintenance funds: (a) residential special maintenance funds designated turned owners Assembly management Qian, according to this approach 22nd article fourth items, and fifth items, and sixth items of provides handle; (ii) residential special maintenance funds designated turned owners Assembly management Hou, according to this approach 23rd article fourth items, and fifth items, and sixth items and seventh items of provides handle.
    After the case of the preceding paragraph, does not provide for maintenance and updating, improvement, municipal, city and county building (real estate) authorities can organize, repair costs from the owners house special maintenance fund individual accounts would be covered by which the sold public housing-related, also from home special maintenance fund for the public housing expenses.
    25th article following costs shall not from residential special maintenance funds in the expenditures: (a) law should by construction units or construction units bear of residential total with parts, and total with facilities equipment maintenance, and update and transformation costs; (ii) law should by related units bear of water, and power, and gas, and heating, and communications, and wired TV, pipeline and facilities equipment of maintenance, and conservation costs; (three) should by party bear of for human damaged residential total with parts, and total with facilities equipment by needed of repair costs;
    (D) according to the Realty service contract, should be borne by the property management service of residential common parts, common facilities and equipment for the repair and maintenance costs.
    Article 26th on the premise of ensuring normal residential special maintenance funds used, in accordance with the relevant provisions of the State House special maintenance funds for the purchase of government bonds.
    Use of special maintenance funds for houses to buy bonds should be in the inter-bank bond market and commercial bank over-the-counter market to buy newly issued bonds of the primary market and held to maturity.
    Residential special maintenance funds deposited with the owners to buy bonds should be agreed by the general meeting; establishment of an owners ' meeting shall be subject to exclusive parts two-thirds per cent of the total area of the building owners and the total number of two-thirds more than the owners ' consent.
    Extracted from the sale of public housing residential special maintenance funds for the purchase of Treasury bonds should be based on the financial affiliation of the housing units for sale, reported by the financial sector agreed.
    Prohibition of the use of special maintenance funds for houses in repo, financial services or purchases of Treasury bonds as collateral, mortgage guaranty.
    27th article following funds should into residential special maintenance funds accumulated using: (a) residential special maintenance funds of storage interest; (ii) using residential special maintenance funds purchase bonds of value-added returns; (three) using residential total with parts, and total with facilities equipment for business of, owners proceeds returns, but owners Assembly another has decided of except; (four) residential total with facilities equipment scrap Hou recycling of residual value.
    Supervision and administration of the fourth chapter article 28th when the transfer of ownership, owners should indicate to the assignee residential special maintenance funds deposited and balances and proof of valid, the account balances in residential special system of housing maintenance housing ownership and transfer of funds.
    The assignee shall take the residential special maintenance funds transfer agreement, housing ownership certificates, identity cards until the management accounts system of bank accounts changed procedures.
    Article 29th loss of housing, residential special maintenance fund return according to the following provisions: (a) the account balances in residential special system of housing maintenance funds return owner; (ii) sale of unit deposited residential special maintenance fund balance return of sales units housing units that do not exist, according to House financial affiliation, collected at the Treasury. 30th article municipalities, and city, and County Government construction (real estate) competent sector, is responsible for management public housing residential special maintenance funds of sector and the owners Committee, should annual at least a times and designed households management bank check residential special maintenance funds accounts, and to owners, and public housing sale room units announced following situation: (a) residential special maintenance funds make save, and using, and value-added returns and balances of total; (ii) occurred expenditures of project, and costs and sharing situation; (three) owners, and
    Housing flats public housing for sale residential special maintenance fund in the household account deposit, use, value-added benefits and balances the amount and (iv) other residential use and management of special maintenance funds.
    Owner, the sale of public housing units has objections on the release, you can review.
    31st manage bank accounts should be at least once a year to the municipal, city and county building (real estate) competent authorities, responsible for the management of public housing residential special maintenance fund departments and owners ' committees send home special maintenance fund statements.
    Municipal, city and county building (real estate) competent authorities, responsible for the management of public housing residential special maintenance fund departments and disagrees with the change of owners Committee on capital account, you can request review management of bank accounts.
    Manage bank accounts should be established residential special maintenance fund inquiry system, buy, sale of public housing units to their household in order to house special maintenance fund, value-added benefits and balance inquiries.
    32nd residential energy management and use of special maintenance fund, shall accept auditing departments audit and supervision.
    33rd residential special maintenance funds financial management and accounting shall implement the relevant provisions of the Treasury.
    Residential special maintenance fund income and expenditure financial departments should strengthen the financial management and supervision of the implementation of the accounting system.
    34th special bills for residential special maintenance fund purchase, use, storage, management, shall, in accordance with the Ministry of finance, as well as provinces, autonomous regions and municipalities directly under the relevant provisions of the financial Department of the people's Government, and accept the supervision of the financial sector.
    Fifth chapter legal responsibility 35th article public housing sale room units has following behavior one of of, by County above place government financial sector with sibling construction (real estate) competent sector ordered deadline corrected: (a) not by this approach eighth article, and 12th article third paragraph provides make save residential special maintenance funds of; (ii) violation this approach 13th article provides will housing delivered buy by people of; (three) not by this approach 21st article provides sharing maintenance, and update and transformation costs of.
    Article 36th of development project construction in violation of these regulations article 13th delivery the buyer of the House, construction of local people's Governments at or above the county level (real estate) the competent authority shall order correction within; it fails, a 30,000 yuan fine.
    Develop employer in accordance with this article 21st share maintenance, upgrading and renovation costs, construction of local people's Governments at or above the county level (real estate) the competent authority shall order correction within; it fails, fined 10,000 yuan fine.
    37th article violates these rules, embezzlement of special maintenance funds for houses, construction of local people's Governments at or above the county level (real estate) Authority residential special maintenance of the misappropriated funds, confiscate the illegal income, and may be fined not more than twice times the amount misappropriated constitutes a crime, shall be directly responsible for the criminal responsibility of the person in charge and other direct liable persons.
    Corporate misappropriation of housing property services special maintenance fund, if the circumstances are serious, except as provided in the preceding paragraph shall be punished, but also qualification certificate shall be revoked by the Department that issued the certificate. Municipal, city and county building (real estate) departments misappropriated residential special maintenance fund, the upper-level people's Government building (real estate) Authority residential special maintenance of the misappropriated funds to the direct responsible person in charge and other direct liable persons shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

    Financial departments of the municipal, city and county governments divert residential special maintenance fund, the upper-level residential special maintenance of the financial Department of the people's Government of the misappropriated funds to the direct responsible person in charge and other direct liable persons shall be given sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
    Article 38th municipal, city and county building (real estate) authorities in violation of the provisions of article 26th, the upper-level people's Government building (real estate) authorities a rectification to the direct responsible person in charge and other direct liable persons shall be given sanctions; losses caused, compensation according to law constitutes a crime, criminal responsibility shall be investigated according to law.
    Municipal, city and County Finance Department in violation of the provisions of article 26th, by the financial Department of the people's Governments at a higher level a rectification to the direct responsible person in charge and other direct liable persons shall be given sanctions; losses caused, by law compensate the case constitutes a crime, criminal responsibility shall be investigated according to law.
    Owners in violation of the provisions of article 26th by the municipal, city and county building (real estate) the competent authority shall order correction.
    39th for acts in violation of House special bill management provisions for special maintenance fund, in accordance with the relevant provisions of the financial regulations on penalties for offences shall be investigated for legal responsibility.
    40th construction of the people's Governments above the county level (real estate) departments, financial departments and their staff to use the convenience of duty, accepting other people's property, or other benefits, does not perform its functions of supervision or that the violation is not investigated, disciplined by law constitutes a crime, criminal responsibility shall be investigated according to law.
    Sixth chapter supplementary articles article 41st Governments of provinces, autonomous regions and municipalities directly under the building (real estate) competent departments of financial services can be based on these measures, formulate rules for its implementation. 42nd before the implementation of these measures, housing, public housing has been sold but has not established a residential special maintenance fund shall pay the building.
    Specific measures by the Governments of provinces, autonomous regions and municipalities directly under the building (real estate) formulated by the competent departments of the financial sector based on this approach.
    43rd article of the ways explained by building departments, financial departments of the State Council.
          44th these measures shall come into force on February 1, 2008, December 16, 1998, Ministry of construction, Ministry of finance published the residential common parts sharing facilities and equipment, management of maintenance fund (built housing [1998]213) repealed simultaneously.