Measures of Shenzhen Special Economic Zone for the Administration of Property Management Industry (revised in 2004)

Chapter I General Provisions Article 1 In order to strengthen the supervision and management of the property management industry, standardize the behavior of property management enterprises, maintain the market order of property management services and promote the healthy development of the property management industry, these Measures are formulated in accordance with the provisions of laws and regulations and in light of the actual situation of Shenzhen Special Economic Zone (hereinafter referred to as the Special Zone). Article 2 These Measures shall be observed in the management services of residential areas, industrial areas, commercial and residential buildings, office buildings and other properties and supporting public facilities, equipment and public venues in the Special Zone. Article 3 Property management services shall follow the principles of socialization, specialization and enterprise, keep the property and urban environment clean and beautiful, ensure the safety of property use, and safeguard the legitimate rights and interests of owners and other non-owners users. Article 4 The residential administrative department of Shenzhen Municipal People's Government is the competent department of the property management industry (hereinafter referred to as the municipal competent department), which guides, supervises and manages the property management industry according to law.

The residential administrative department of the District People's Government (hereinafter referred to as the district competent department) is responsible for the supervision and management of the property management industry within its jurisdiction under the guidance of the municipal competent department. Article 5 Shenzhen Property Management Industry Association is a self-regulatory organization of the property management industry, and performs its duties in accordance with the provisions of these Measures. Chapter II Property Management Enterprises Article 6 The term "property management enterprises" as mentioned in these Measures refers to enterprise legal persons established according to law to provide professional and integrated management services for residential areas, industrial areas, office buildings, commercial and residential buildings and other related public facilities, equipment and public venues, including property management franchise enterprises and operating enterprises. Seventh property management enterprises shall not transfer or transfer the property management qualification certificate in disguised form by means of leasing, linking or lending. If a property management enterprise changes its name, division, merger or other industrial and commercial registration matters, it shall go through the formalities of filing and qualification certificate examination and approval again in accordance with the provisions of these Measures. Chapter III Tendering and Bidding for Property Management Article 8 Where a property management enterprise is entrusted to provide property management services, the property management enterprise shall be determined through bidding, except that it meets one of the following conditions:

(a) the property is occupied by the development and construction unit;

(two) in a property management area, the total construction area of multi-storey property is less than 50 thousand square meters, or the total construction area of high-rise property is less than 20 thousand square meters, or the total construction area of multi-storey and high-rise mixed property is less than 30 thousand square meters.

The scope of the property management area mentioned in the preceding paragraph shall be designated by the municipal competent department jointly with relevant departments. Ninth property has not been delivered, or the property has been delivered, but the owners' management committee has not yet been established, and the development and construction unit is responsible for organizing the bidding for property management services; Owners' management committee has been established, and the owners' management committee is responsible for organizing the bidding of property management services, but if laws and regulations stipulate that the development and construction unit is responsible for property management services within a certain period of time, such provisions shall prevail.

Where the owners' management committee organizes bidding activities, it shall be discussed and decided by the owners' meeting.

The tender organizer shall enjoy the following rights:

(a) the preparation of tender documents, organize bidding activities;

(2) Selecting and determining qualified bidders;

(three) according to the principle of bid evaluation, determine the evaluation and calibration methods;

(4) Selecting the winning bidder;

(5) Other rights enjoyed according to law. Article 10 When organizing the bidding for property management services, the bidding organizer shall set up a bidding agency. Representatives of relevant departments of the city and district shall participate in the bidding agency.

The tendering agency shall be responsible for the specific implementation of the bidding activities, examine and approve the pre-tender estimate, and put forward the methods and opinions of bid evaluation and calibration. Eleventh tender organizers should objectively and fairly prepare the tender documents, and listen to the opinions of owners and non-owners.

The tender documents mentioned in the preceding paragraph include the tender, the instructions for bidding, the conditions for concluding the entrusted management contract and the terms of the agreement. The tender shall include the following contents:

(a) the basic situation of property planning and construction, including the floor space, construction area, property rights, commercial and management houses, special funds for public facilities and housing maintenance funds, public facilities and equipment and public venues, landscaping, community cultural and entertainment facilities, etc. ;

(2) Contents and requirements of property management;

(three) the way and basis for the preparation of the tender;

(four) the qualifications and conditions of the bidder;

(five) the time and place to organize the interpretation of the bidding documents and the on-site inspection of the property;

(six) the place and deadline for the delivery of the tender;

(seven) the time and place of bid opening and evaluation;

(eight) other matters that need to be explained. Twelfth property management services bidding, can take the form of public bidding, invitation to bid. In accordance with one of the following conditions, with the approval of the municipal competent department, negotiation can be adopted:

(a) the use of the property has special requirements in terms of confidentiality or safety;

(two) foreign governments, individuals, international financial institutions and compatriots in Hong Kong, Macao and Taiwan grant construction, and explicitly requested the use of consultation.

The negotiation mentioned in the preceding paragraph refers to the bidding method in which the bid organizer negotiates with two or more (including two) property management enterprises on the conditions of contracting out specific property management services, and selects the winning bidder on the best basis.

Once the bidding method is determined, it shall not be changed halfway.