Provisions on the qualification management of property enterprises?

The Decision of the Ministry of Construction on Amending the Measures for the Administration of Qualification of Property Mana

Provisions on the qualification management of property enterprises?

The Decision of the Ministry of Construction on Amending the Measures for the Administration of Qualification of Property Management Enterprises was discussed and passed at the 42nd executive meeting of the Ministry of Construction on October 30th, 2007. I hope the following information is helpful to you.

DecreeNo. 125 of the Ministry of Construction makes the following amendments to the Measures for the Administration of Qualification of Property Management Enterprises:

First, delete seventeenth, eighteenth and twenty-second.

Two, the "property management enterprise" is amended as "property service enterprise".

In addition, the order of the articles should be adjusted accordingly.

This decision shall come into force as of the date of promulgation. "Property management enterprise qualification management measures" shall be revised according to this decision and re released.

Article 1 In order to strengthen the supervision and management of property management activities, standardize the market order of property management and improve the service level of property management, these Measures are formulated in accordance with the Regulations on Property Management.

Article 2 These Measures shall apply to the application for the qualification of realty service enterprises and the implementation of the qualification management of realty service enterprises within the territory of People's Republic of China (PRC).

The term "realty service enterprise" as mentioned in these Measures refers to an enterprise established according to law, with independent legal personality and engaged in realty management service activities.

Article 3 The qualification grades of realty service enterprises are divided into Grade I, Grade II and Grade III.

Article 4 The competent construction department of the State Council shall be responsible for the issuance and management of the qualification certificates of first-class property service enterprises.

Provincial, autonomous region people's * * Construction Department is responsible for the issuance and management of qualification certificates of secondary property service enterprises, and the municipal people's * * real estate department is responsible for the issuance and management of qualification certificates of secondary and tertiary property service enterprises, and accepts the guidance and supervision of the the State Council construction department.

The municipal people's real estate administrative department with districts shall be responsible for the issuance and management of the qualification certificates of three-level property service enterprises, and accept the guidance and supervision of the administrative departments of construction of the people's * * * of provinces and autonomous regions.

Article 5 The conditions for realty service enterprises with different qualification grades are as follows:

* * * Level I qualification:

1. The registered capital is more than 5 million yuan;

2. There are not less than 30 property management professionals and full-time management technicians in engineering, management, economy and other related majors. Among them, there are not less than 20 people with intermediate or above titles, and the business leaders of engineering and finance have corresponding professional intermediate or above titles;

3 property management professionals in accordance with the relevant provisions of the state to obtain professional qualification certificates;

4. Manage two or more types of properties, and the sum of the percentages of the housing construction area of each type of property in the following corresponding calculation bases shall not be less than 100%:

* * *1* * * 2 million square meters multi-storey residence;

* * * 2 * * 1 10,000 square meters high-rise residential building;

***3*** single-family villa * * *1.5000 square meters;

***4*** Office buildings, industrial plants and other properties are 500,000 square meters.

5. Establish and strictly implement enterprise management systems and standards such as service quality and service charges, establish enterprise credit file system, and achieve excellent management performance.

* * * Level II * * Level II Qualification:

1. The registered capital is more than 3 million yuan;

2 property management professionals and full-time management technicians in engineering, management, economy and other related majors shall be no less than 20. Among them, there are not less than 10 people with intermediate titles or above, and the persons in charge of engineering and financial business have intermediate titles or above in corresponding majors;

3 property management professionals in accordance with the relevant provisions of the state to obtain professional qualification certificates;

4. Manage two or more types of properties, and the sum of the percentages of the housing construction area of each type of property in the following corresponding calculation bases shall not be less than 100%:

* * * 1 * * 1 10,000 square meters multi-storey residence;

* * * 2 * * 500,000 square meters high-rise residential building;

***3 * * * single-family villas * * * 80,000 square meters;

* * * 4 * * 200,000 square meters of office buildings, industrial plants and other properties.

5. Establish and strictly implement enterprise management systems and standards such as service quality and service charges, establish enterprise credit file system, and achieve good business performance.

* * * Three * * Three qualifications:

1. The registered capital is more than 500,000 yuan;

2. Property management professionals and full-time management technicians in engineering, management, economy and other related majors shall be no less than 10. Among them, there are not less than 5 people with intermediate or above titles, and the heads of engineering, finance and other businesses have corresponding professional intermediate or above titles;

3. Property management professionals have obtained professional qualification certificates in accordance with relevant state regulations.

4. Entrust property management projects;

5. Establish and strictly implement enterprise management systems and standards such as service quality and service charges, and establish enterprise credit file system.

Article 6 A newly established realty service enterprise shall, within 30 days from the date of obtaining the business license, submit the following documents to the real estate departments of the municipalities directly under the Central Government and the municipal people's governments with districts where the industrial and commercial registration is located:

* * * Business license;

* * * II * * Articles of Association;

* * * Three * * capital verification certificates;

* * * the identity certificate of the legal representative of the enterprise;

* * * Five * * * Professional qualification certificates and labor contracts of property management professionals, professional title certificates and labor contracts of management technicians.

Seventh newly established property service enterprises, the qualification level according to the lowest level approved, and set up a temporary period of one year.

Article 8 A first-class qualified realty service enterprise may undertake all kinds of realty management projects.

Two qualified property service enterprises can undertake the property management business of residential projects below 300,000 square meters and non-residential projects below 80,000 square meters.

Property service enterprises with three-level qualifications can undertake the property management business of residential projects below 200,000 square meters and non-residential projects below 50,000 square meters.

Article 9 A realty service enterprise applying for qualification grade approval shall submit the following materials:

* * * A * * enterprise qualification grade declaration form;

* * * II * * * Business license;

* * * three * * original and photocopy of enterprise qualification certificate;

* * * IV * * Professional qualification certificates and labor contracts of property management professionals, professional title certificates and labor contracts of management and technical personnel, and professional title certificates and labor contracts of engineering and financial leaders;

* * * Five copies of the property service contract;

* * * Six * * * Property management performance materials.

Tenth qualification examination and approval departments shall, within 20 working days from the date of accepting the application of enterprises, issue qualification certificates to enterprises that meet the requirements of corresponding qualification grades; Before the first-level qualification examination and approval, it shall be reviewed by the construction department of the people's * * of the province or autonomous region or the real estate department of the people's * * of the municipality directly under the central government, and the review period shall be 20 working days.

Eleventh property services companies to apply for qualification approval, one of the following acts within one year before the date of application, the qualification examination and approval department shall not approve:

* * * A * * Employ persons who have not obtained the professional qualification certificate of property management to engage in property management activities;

* * * II * * Entrust all property management business within a property management area to others;

* * * three * * misappropriation of special maintenance funds;

* * * Four * * * Unauthorized changes in the use of property management houses;

* * * Five * * * Unauthorized changes in the use of public buildings and facilities built in accordance with the plan within the property management area;

* * * VI * * Unauthorized occupation and excavation of roads and sites within the property management area, which harms the interests of the owners * * *;

* * * Seven * * * unauthorized use of * * * part of the property and * * * facilities for business;

* * * VIII * * When the property service contract is terminated, the property management house and related materials are not handed over as required;

* * * Nine * * colluded with property management tenderers or other property management bidders by unfair means to win the bid;

* * * Ten * * * failed to perform the property service contract, and there were many complaints from the owners, which were verified through investigation;

* * * Eleven * * * Beyond the qualification level to undertake property management business;

* * * XII * * * Renting, lending or transferring the qualification certificate;

* * * 13 * * A major accident occurred.

Twelfth qualification certificates are divided into originals and duplicates, which are uniformly printed by the competent construction department of the State Council, and the originals and duplicates have the same legal effect.

Thirteenth no unit or individual may forge, alter, lease, lend or transfer the qualification certificate.

If an enterprise loses its qualification certificate, it shall make a statement in the news media before applying for a replacement.

Article 14 Where an enterprise is divided or merged, it shall apply to the original qualification examination and approval department for cancellation of its qualification certificate within 30 days after going through the alteration formalities with the administrative department for industry and commerce, and re-verify its qualification grade.

Fifteenth enterprise name, legal representative and other matters change, it should be within 30 days after the change procedures, to the original qualification examination and approval department for qualification certificate change procedures.

Article 16 Where an enterprise goes bankrupt, goes out of business or terminates its business activities for other reasons, it shall go through the formalities for cancellation of its qualification certificate with the original qualification examination and approval department within 05 days after going through the formalities for cancellation of its business license.

Seventeenth property service enterprises after obtaining the qualification certificate, shall not lower the qualification conditions, and shall accept the supervision and inspection of the qualification examination and approval department.

The qualification examination and approval department shall strengthen the supervision and inspection of property service enterprises.

Eighteenth in any of the following circumstances, the qualification examination and approval department or its superior competent department may revoke the qualification certificate at the request of the interested party or ex officio:

* * * 1 * * The staff of the examination and approval department abuses their powers and neglects their duties to make a decision on the qualification examination and approval of the realty service enterprise;

* * * two * * beyond the statutory authority to make a decision on the qualification examination and approval of property service enterprises;

* * * Three * * made a decision on the qualification examination and approval of the realty service enterprise in violation of legal procedures;

* * * IV * * Issuing qualification certificates to realty service enterprises that do not have the application qualifications or meet the statutory conditions;

* * * Five * * Other circumstances in which the examination and approval can be revoked according to law.

Article 19 Where a realty service enterprise undertakes realty management business beyond its qualification level, the real estate administrative department of the local people's government at or above the county level shall give it a warning, order it to make corrections within a time limit and impose a fine of more than 30,000 yuan 1 10,000 yuan.

Article 20 Where a realty service enterprise rents, lends or transfers its qualification certificate, the local people's real estate administrative department at or above the county level shall give it a warning, order it to make corrections within a time limit and impose a fine of not less than 30,000 yuan but not more than 6,543,800 yuan.

Article 21 Where a realty service enterprise fails to handle the qualification change formalities in time in accordance with the provisions of these Measures, the local people's real estate administrative department at or above the county level shall order it to make corrections within a time limit and impose a fine of less than 20,000 yuan.

Twenty-second qualification examination and approval department in any of the following circumstances, the competent department at a higher level or the supervisory organ shall order it to make corrections, and the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:

* * * 1 * * Issuing qualification certificates to enterprises that do not meet the statutory conditions;

* * * II * * Failing to issue qualification certificates to enterprises that meet the statutory requirements;

* * * III * * Failing to approve an enterprise that meets the statutory requirements within the statutory time limit;

* * * 4 * * Taking advantage of his position to accept other people's property or other benefits;

* * * Five * * * fails to perform supervision and management duties, or fails to investigate and deal with illegal acts.

Article 23 These Measures shall come into force as of May 1 2004. ?