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Property Management Enterprise Quality Management

Original Language Title: 物业管理企业资质管理办法

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(March 17, 2004, the Ministry of construction, the 125th release) first in order to strengthen the supervision and management on property management activities, standardize property management market, improve the level of property management services, in accordance with the building management Ordinance, these measures are formulated.
    Article in the People's Republic of China engaged in real estate management qualification, implementation of property management enterprise quality management, these measures shall apply.
    Property management enterprise in these measures, refers to the establishment of an independent legal entity, enterprise engaged in the activity of property management services.
    Article III property management enterprise quality grades one, two, three.
    Fourth building departments of the State Council is responsible for the level of property management enterprise qualification certificate issuance and management.
    Province and autonomous region people's Government Building Department is responsible for two property management enterprise qualification certificate issuance and management, municipalities real estate sector is responsible for secondary and tertiary property management certificate issuance and management, and accept the guidance and supervision of building departments of the State Council.
    District people's Government of the real estate sector is responsible for three levels of property management enterprise qualification certificate of issue and manage, and accept the people's Governments of provinces, autonomous regions building departments guidance and supervision. Article fifth level of qualification conditions for property management companies are as follows: (a) level qualification: 1. the registered capital of RMB 5 million Yuan or more, 2. property management professionals, as well as engineering, management, economics and other related professional full-time management and technical staff of less than 30 people.
    Which, has intermediate above titles of personnel not less than 20 people, engineering, and financial, business head has corresponding professional intermediate above titles; 3. property management professionals according to national about provides made career qualification certificate; 4. Management two species type above property, and management various property of housing area respectively accounted for following corresponding calculation base of percentage of and not below 100%: (1) multilayer residential 2 million square meters; (2) senior residential 1 million square meters;
    (3) detached house (Villa) 150,000 square metres (4) 500,000 square meters of office buildings, industrial plants, and other properties.
    5. the establishment and strict implementation of quality of service, service charges and other business management systems and standards, establishing business credit archives system, have excellent management performance. (B) secondary qualifications: 1. the registered capital of RMB 3 million or more, 2. property management professionals, as well as engineering, management, economics and other related professional full-time management and technical staff of less than 20 people.
    Which, has intermediate above titles of personnel not less than 10 people, engineering, and financial, business head has corresponding professional intermediate above titles; 3. property management professionals according to national about provides made career qualification certificate; 4. Management two species type above property, and management various property of housing area respectively accounted for following corresponding calculation base of percentage of and not below 100%: (1) multilayer residential 1 million square meters; (2) senior residential 500,000 square meters;
    (3) detached house (Villa) of 80,000 square meters, and (4) 200,000 square meters of office buildings, industrial plants, and other properties.
    5. the establishment and strict implementation of quality of service, service charges and other business management systems and standards, establishing business credit archives system, there are good management performance. (C) three qualifications: 1. the registered capital of RMB 500,000 or more; 2. property management professionals, as well as engineering, management, economics and other related professional full-time management and technical staff of less than 10 people.
    Among them, instructor-level personnel of no less than 5 people, engineering, finance and other business owners with appropriate professional more than mid-level titles, 3. property management professionals in accordance with the relevant provisions of the State professional qualification certificate; 4. property management projects, 5. the establishment and strict implementation of quality of service, service charges and other business management systems and standards, establishing business credit archives system.
    VI article new established of property management enterprise should since received license of day up 30th within, holding following file to business registered location municipalities, and set district of city of Government real estate competent sector application qualification: (a) license; (ii) Enterprise articles; (three) inspection funding proved; (four) Enterprise statutory representative people of identity proved; (five) property management professionals of career qualification certificate and labor contract, management and technicians of titles certificate and labor contract.
    Article new property management companies, their level of qualifications in accordance with the minimum grade approved and established one year provisional period.
    Eighth level of intelligence property management companies can undertake a variety of property management project.
    Two qualified property management companies can take a 300,000 square metre of housing projects and of up to 80,000 square meters of non-residential property management business.
    Three qualified property management companies can take the 200,000 square metres of residential projects and 50,000 square metres of non-residential property management business.
    Nineth article application approved qualification grade of property management enterprise, should submitted following material: (a) Enterprise qualification grade declared table; (ii) license; (three) Enterprise qualification certificate are, and copy; (four) property management professionals of career qualification certificate and labor contract, management and technicians of titles certificate and labor contract, engineering, and financial head of titles certificate and labor contract; (five) property service contract copies; (six) property management performance material.
    Tenth qualification examination and approval Department shall accept business applications within 20 working days of the date, to meet the corresponding qualification certificate to issue qualified enterprises; before a qualification examination and approval, should the people's Governments of provinces, autonomous regions building departments or municipalities real estate departments to review to review for a period of 20 working days.
    11th article property management enterprise application approved qualification grade, in application of recently a years within has following behavior one of of, qualification approval sector not approved: (a) hired not made property management career qualification certificate of personnel engaged in property management activities of; (ii) will a property management regional within of all property management business together delegate to others of; (three) misappropriated special maintenance funds of; (four) unauthorized change property management with room uses of;
    (Five) unauthorized change property management regional within according to planning construction of public building and total with facilities uses of; (six) unauthorized occupied, and mining property management regional within road, and site, damage owners common interests of; (seven) unauthorized using property total with parts, and total with facilities equipment for business of; (eight) property service contract terminated Shi, not according to provides transfer property management with room and about information of; (nine) and property management tender people or other property management bid people mutual collusion, to not due means seek bid of;
    (J) not performance of the Realty service contract, landlord complaints, verified and (11) beyond the level of qualification to undertake property management business (12) rent, lend, transfer of certificate of qualification (13) major accidents.
    12th certificate includes an original and a copy printed by the construction management Department under the State Council, and duplicate copies of the same legal effect.
    13th no unit and individual shall forge, alter, rent, lend, transfer certificate.
    Businesses lost certificates, should be declared in the news media before they can apply for a replacement.
    14th Division or merger shall, to the Administrative Department for industry and Commerce after the change in the 30th, to the original qualification examination and approval departments to apply Certificate cancellation and re-qualification.
    15th matters such as the name, the legal representative of the enterprise changed, shall be carried out after the change in the 30th, to the original qualification certificate of qualification examination and approval Department for change procedures.
    16th enterprise bankruptcy and closing or termination of business activities for other reasons, should be carried out after the cancellation of business license in the 15th, to the original qualification certificate of qualification examination and approval Department for cancellation.
    17th property management enterprise quality implementation of the inspection system.
    The qualification level of property management enterprise annual inspection by the appropriate qualification examination and approval departments.
    The 18th level of qualification in accordance with the original conditions, qualification examination conclusion for qualified property management companies.
    Do not comply with the original qualification conditions of property management enterprise quality inspection conclusions to be ineligible, the original qualification examination and approval Department shall cancel its certificate, approved by the corresponding qualification approval again their level of qualification.
    Property management enterprise quality inspection results qualification examination and approval Department shall be announced to the public.
    19th property management enterprise qualification certificates, shall not reduce the qualifications and qualification approval shall be subject to the supervision and inspection departments.
    Qualification examination and approval departments should strengthen supervision and inspection of property management companies.
    20th article has following case one of of, qualification approval sector or its superior competent sector, according to interest relationship people of requests or according to terms can revoked qualification certificate: (a) approval sector staff abuse, and negligence made property management enterprise qualification approval decided of; (ii) beyond statutory terms made property management enterprise qualification approval decided of; (three) violation statutory program made property management enterprise qualification approval decided of;
    (D) does not qualify or do not meet the statutory requirements of property management enterprise qualification certificate was issued; (e) the approval may be withdrawn in accordance with law in other circumstances.
    21st property management beyond the level of qualifications of enterprises undertaking property management business, be warned by the competent departments of the local people's Governments at or above the county level real estate, rectification, and to a fine of up to 10,000 yuan and 30,000 yuan.
    22nd article without good reason not to participate in the qualification examination of property management companies, the qualification examination and approval Department shall order correction within, to a fine of up to 10,000 yuan and 30,000 yuan.
    23rd article of property management enterprise qualification certificate of rent, lend, transfer, be warned by the competent departments of the local people's Governments at or above the county level real estate, rectification, and to a fine of up to 10,000 yuan and 30,000 yuan.
    24th property management company in accordance with this regulation of qualification procedures in time, by the competent departments of the local people's Governments at or above the county level real estate a rectification, to a fine of up to 20,000 yuan. 25th article qualification approval sector has following case one of of, by its superior competent sector or monitored organ ordered corrected, on directly is responsible for of competent personnel and other directly responsibility personnel law give administrative sanctions; constitute crime of, law held criminal: (a) on not meet statutory conditions of enterprise issued qualification certificate of; (ii) on meet statutory conditions of enterprise not issued qualification certificate of; (three) on meet statutory conditions of enterprise not in statutory term within be approval of; (four) using positions Shang of convenience,
    Receive property or other benefits; (e) failure to perform a duty of supervision and management or that the violation is not investigated.
                                                                                  26th article of the rules take effect on May 1, 2004.