/kloc-in July, 2000, the regulations on residential property management in Nanjing came into effect.

The Regulations of Nanjing Municipality on Residential Property Management will be officially implemented on July 1. On June 13, our city held a mobilization meeting for regulation training. Chen Shaoze, director of the Standing Committee of the Municipal People's Congress, attended the meeting and delivered a speech. City leaders Li Qi, Shan Jingnan and Chu Yonghong attended the meeting. Chen Shaoze pointed out that residential property management is an important aspect of people's daily life, and it is also an important content of urban governance and community management, involving a wide range and high attention. In order to formulate this regulation, which concerns the vital interests of all citizens, the Standing Committee of the Municipal People's Congress has determined the general idea of "adhering to the problem orientation, adhering to the open door legislation, adhering to the owner orientation, and adhering to the rule of law thinking", innovated the drafting mode of the regulation, publicly invited tenders nationwide for the first time, and selected a third party to form an expert team to draft the regulation text.

The formulation and promulgation of the "Regulations" provide a legal basis for solving contradictions and disputes in residential property management and promoting social harmony. Chen Shaoze demanded that publicity and training should be done well, and the regulations should be widely publicized to create a good public opinion atmosphere and social environment for the implementation of the regulations. Efforts will be made to accurately convey the legislative spirit and content of the regulations to law enforcement workers, property service practitioners and owners in all directions, so that law enforcement personnel can correctly understand and understand the regulations, and owners and property service enterprises can actively abide by the regulations, forming a social atmosphere of knowing, understanding and abiding by the law. To unify the understanding of * * *, form a joint force, and comprehensively promote the implementation of the "Regulations". Owners and owners' organizations should safeguard their own interests in accordance with the law, property service enterprises should provide "quality-price-consistent" services in accordance with the law, construction units should strengthen their early property management responsibilities in accordance with the law, franchisees should further strengthen their social responsibilities in accordance with the law, and the government and relevant departments should fulfill their supervision and management responsibilities in accordance with the law, formulate supporting normative documents, fully fulfill their responsibilities and obligations stipulated in the regulations, earnestly safeguard the rights and interests of the broad masses, and make contributions to building a happy and livable Nanjing. It is understood that this training will last until 16, and the training content includes the main provisions, legislative spirit and important systems of the Regulations. About 4000 people from government departments, property management companies and owners will participate in the study and training in batches.

On-the-spot record of Nanjing residential property management regulations

Will refusing to pay property fees be included in the list of dishonesty? How to break through the difficulty in using property maintenance funds? How to urge property management companies to improve service quality ... On March 30th, the Regulations of Nanjing Municipality on Residential Property Management (hereinafter referred to as the Regulations) passed at the 22nd meeting of the Standing Committee of the 12th Provincial People's Congress gave the answer.

"The formulation of the Regulations on the Management of Residential Property in Nanjing is an innovative practice for the Standing Committee of the Municipal People's Congress to implement the spirit of the Fourth Plenary Session of the Eighteenth Central Committee and give play to the leading role of NPC legislation. It is also a livelihood project that solves the outstanding problems of residential property management in our city according to law. " Chen Shaoze, director of the Standing Committee of the Municipal People's Congress, said that during the legislative process, the Municipal People's Congress adhered to the whole process of legislation led by the National People's Congress and explored the drafting mode led by the National People's Congress and entrusted to a third-party institution; Adhere to the problem orientation, sort out the problems and solicit opinions for three times, covering all municipal people's congress deputies, all district, town, street people's congresses and various property communities; Adhere to the full participation of citizens, fully absorb stakeholders such as owners, property companies, construction units, franchise companies and relevant government departments to participate in the whole process of legislation, so that the interests of different groups can be fully expressed, exchanged and respected; Adhere to overall planning and coordination, give consideration to the interests of all parties, actively and steadily formulate systems such as real-name complaint registration and acceptance, tripartite credit reporting, and green channel for maintenance funds, and strive to seek the "greatest common denominator" of legislation, which fully embodies the fundamental purpose of putting people first and legislating for the people.

Bidding: It is the first time to entrust a third party to draft by public bidding.

On October 5th, 65438/kloc-0, the General Office of the Standing Committee of the Municipal People's Congress issued the Announcement on the Drafting of Local Regulations of Nanjing on China Bidding Network, Nanjing Daily and Nanjing People's Congress official website, and entrusted a third party to draft the Regulations on the Management of Residential Property in Nanjing by public bidding for the first time.

As soon as the tender announcement came out, it aroused widespread concern from the media and the public. "It is the first time in the history of Nanjing People's Congress to entrust the drafting of local regulations through public bidding, and there is no precedent to follow nationwide." The person in charge of the relevant working institutions of the Standing Committee of the Municipal People's Congress introduced.

In this regard, the Standing Committee of the Municipal People's Congress attaches great importance to it. According to the basic requirements of local legislation and referring to the bidding method of engineering projects, it has drafted the bidding announcement and bidding documents. After fierce competition, Hohai University finally became the winning bidder.

"The practice of public bidding is conducive to collecting legislative participants with special experience and professional knowledge, and helps local legislation to be more professional and grounded." Qiu Lufeng, a professor at Nanjing University Law School, agrees with this "open door legislation" approach.

After the bidding, the drafting of the regulations began immediately. In order to ensure the quality of laws and regulations, the Standing Committee of the Municipal People's Congress has specially set up a legislative work leading group, an expert advisory group and a liaison group of people's congresses in various districts, with the project team of Hohai University as the lead, and the Environmental Construction Committee and relevant departments of the municipal government assisting in the preliminary investigation and drafting.

Written: * * Collected more than 3,400 public opinions and suggestions, with more than 500,000 words related to them.

On March 28th, the Regulations of Nanjing Municipality on Residential Property Management was submitted to the 22nd meeting of the Standing Committee of the 12th Provincial People's Congress for deliberation. Previously, the "Regulations" have been deliberated by the Standing Committee of the 15th Municipal People's Congress and the 3rd Municipal People's Congress. In order to do a good job in drafting and amending the Regulations (Draft), the Legal Affairs Committee of the Municipal People's Congress, the Legal Affairs Committee of the Standing Committee and the Urban and Rural Construction Committee of the Environmental Capital have done a lot of work.

The implementation of city, district, street (town) three-level linkage, soliciting opinions covering all districts, street (town) people's congresses, property communities, and municipal people's congresses; Analyze and sort out 12345 citizen complaint work order, and comprehensively find out the problems existing in property management; Held dozens of symposiums attended by departments, districts, streets, communities, property service enterprises, owners and experts, and went to eight cities inside and outside the province to study and inspect.

Organize multi-scene legislative counseling lectures for members of the Standing Committee, representatives of the Municipal People's Congress and the Municipal People's Congress system to help delegates familiarize themselves with relevant knowledge; After the second trial, members of the leading group of the Standing Committee led a team to 12 delegations to hold a forum to listen to the opinions and suggestions of the representatives face to face.

An off-line questionnaire survey was conducted among 62 residential quarters and 1260 owners in different regions and types, and questionnaires were distributed to all members of the Standing Committee and more than 500 representatives of the Municipal People's Congress. Thematic online discussion attracted about 6.5438+0.5 million netizens to participate online, and more than 2,000 netizens participated in the questionnaire survey. * * More than 3,400 public opinions and suggestions were collected through various means, involving more than 500,000 words.

To solicit opinions and suggestions, the Municipal People's Congress and its Standing Committee's relevant working bodies and members of the drafting group will study them one by one, and conduct special argumentation on the opinions with great differences and disputes; After four centralized revisions, the text of the "Regulations (Draft)" submitted to the meeting was finally formed; Pilot projects will be carried out in more than 50 communities in the city, and supporting measures and documents will be formulated simultaneously to ensure that the main system of residential property management regulations can be implemented.

Highlights: The systems of tripartite credit reporting and green channel of maintenance funds have become the focus of attention.

After the "Regulations (Draft)" was submitted to the Standing Committee of the Municipal People's Congress for deliberation, the registration and acceptance of real-name complaints, the establishment of three-party credit reporting and the establishment of a green channel for maintenance funds became the focus of attention. How to standardize the rights and obligations of owners, property companies, construction units, franchise companies and relevant government departments and seek the "greatest common denominator" of the interests of all parties has become the biggest challenge of this legislation.

According to statistics, at present, the daily management of residential quarters mainly involves the functions of 12 government departments, but the law enforcement mechanism is not smooth, and some departments are unwilling to enter the community to enforce the law, resulting in more and more contradictions in the community and strong reactions from the masses. To this end, the "Regulations" specify in detail the division of responsibilities of various departments related to property management, and strive to build an administrative law enforcement mechanism with clear division of labor and comprehensive coordination. At the same time, in order to protect citizens' right to participate in the management of social public affairs and safeguard citizens' right to supervise, a real-name complaint registration and acceptance system has also been established.

On the one hand, there is a lack of trust between the parties, on the other hand, the illegal cost is too low. To this end, the "Regulations" respectively stipulate the credit information of property service enterprises, property project leaders and owners in order to strengthen the contractual awareness of property service enterprises and owners. At the first trial, the "Regulations (Draft)" proposed that if the owner fails to pay the property service fee in violation of the property service contract, and it is confirmed by an effective judgment or arbitral award, the personal credit file shall be entered in accordance with the relevant provisions on the management of personal credit information. Some owners reacted strongly to refusing to pay property fees into personal credit files. Some people think that the reasons for not paying property fees are diverse and complicated, and it is not appropriate to simply stipulate them. After argumentation, judgment or ruling, it is adjusted to "still unfulfilled" and included in the credit information system.

On the one hand, a large number of maintenance funds are idle, on the other hand, due to the difficulty in applying for maintenance funds, houses cannot be maintained in time, and residents have great opinions on this. The "Regulations (Draft)" proposes that when there are three emergencies in the property management area, such as elevator failure, the danger of external wall falling off, and the collapse, blockage and bursting of special drainage facilities, the residential special maintenance fund management department should complete the examination and approval within five working days. Some people think that the application time is too long to achieve the purpose of emergency use. Therefore, the "Regulations" have revised and improved the use and procedures of maintenance funds, and clearly stipulated that the audit completion period is two working days.

In order to standardize property service activities and safeguard the legitimate rights and interests of owners, construction units and property service enterprises, the Bill proposes that property management administrative departments, owners' autonomous organizations, construction units and property service enterprises may entrust third-party consulting agencies and evaluation agencies to carry out activities such as property management area division, owners' autonomous activities, property project handover and inspection, property project bidding, property service standards and cost calculation, and property service quality evaluation.

Most disputes over property management in the early stage are caused by housing quality problems, and the construction unit is fully responsible for housing quality problems. Previously, due to the blank of relevant laws and regulations, the responsibility boundary of the construction unit was unclear, and there was no mandatory legal norm to effectively restrain the construction unit, which provided an opportunity for it to evade its responsibilities and passively perform its obligations. The "Regulations" set up the warranty payment system of the construction unit, strengthened the responsibility of the construction unit for housing quality, and provided a way to solve the housing quality problems of the previous property.

In addition, the "Regulations" also clarify the responsibilities of property service enterprises and the obligations of franchisees to ensure that owners can obtain open, transparent and consistent property services.

On March 30th, the 22nd meeting of the Standing Committee of the 12th Provincial People's Congress approved the Regulations of Nanjing Municipality on Residential Property Management, leaving a footnote for this local regulation which lasted more than one year, and passed the third trial.

"Residential property management is closely related to people's lives, involving a wide range and high attention, which is related to social harmony and stability and people's happiness." The relevant person in charge of the Standing Committee of the Municipal People's Congress said that after the implementation of the regulations approved by the Standing Committee of the Provincial People's Congress, it is necessary to do a good job of implementation, play its role in standardizing and solving the problems faced by residential property management, create good living conditions for the citizens, and further enhance the happiness and satisfaction of the general public.