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What is the standard of Dalian property fee collection? What are the relevant laws and regulations?
Property fee refers to the fees charged by property owners and users who entrust property management units to carry out daily maintenance, repair, renovation and other services related to residents' lives in residential areas, such as housing construction and its equipment, public facilities, greening, sanitation, transportation, public security and environment. The following are the relevant regulations of Dalian.
District, city and county development and Reform Bureau (Price Bureau) and real estate administrative departments:
The detailed rules for the implementation of Dalian property service charge management are hereby printed and distributed to you, please implement them carefully. Please give us timely feedback on the problems encountered in the implementation.
Dalian Development and Reform Commission
Dalian Municipal Bureau of Land Resources and Housing Management
September 28(th), 2009
Detailed Rules for the Implementation of Dalian Property Service Charge Management
Article 1 These Detailed Rules are formulated in accordance with the Price Law of People's Republic of China (PRC), the Regulations on Property Management, the Measures for the Administration of Property Service Charges and the Implementation Measures for the Administration of Property Service Charges in Liaoning Province (for Trial Implementation) in order to regulate the behavior of property service charges and protect the legitimate rights and interests of owners and property service enterprises.
Article 2 The term "property service charges" as mentioned in these Detailed Rules refers to the fees charged by property service enterprises to the owners for the maintenance, conservation and management of houses, supporting facilities and related sites, and for maintaining the environmental sanitation and order in relevant areas.
Article 3 The State encourages owners to choose property service enterprises through an open, fair and just market competition mechanism, encourages property service enterprises to conduct legitimate price competition, prohibits price fraud, and promotes the formation of property service charges through market competition.
Article 4 Property service charges shall be subject to unified leadership and hierarchical management. Municipal Development and Reform Commission in conjunction with the Municipal Bureau of Land Resources and Housing Management is responsible for the guidance and supervision of the city's property service charges, as well as the management and audit of property service charges in four districts and high-tech parks in the city; Other district, city and county price departments shall, jointly with the property management administrative departments at the same level, be responsible for the management, supervision and audit of property service charges within their respective administrative areas.
Article 5 Upon confirmation by the competent pricing department, a realty service enterprise that meets the following conditions is qualified to charge fees.
(a) registered by the administrative department for Industry and commerce.
(two) confirmed by the administrative department of property management.
(3) Obtaining a tax registration certificate and paying taxes according to law.
Sixth property service charges should follow the principles of rationality, openness, and cost and service level.
Seventh according to the nature and characteristics of property services, property service charges are subject to government guidance and market adjustment. Residential property service charges are subject to government guidance; Non-residential property services such as commercial buildings, office buildings, apartments and villas are charged at market-adjusted prices.
Eighth residential property service charges to implement hierarchical management. According to the supporting facilities, environment, service contents, service standards and service quality provided by the property service enterprises in residential quarters, the property service charges are divided into five grades: super, first, second, third and fourth. See the annex for the guiding standards of property service charges. The charging standard for each level is:
Premium: approved according to the cost of property services and related conditions;
Grade I: building per square meter per month 1.00 yuan-1.00 yuan 30 yuan (including1.00 yuan);
Grade II: 0.70 yuan-1.00 yuan (including 0.70 yuan) per building square meter per month;
Grade III: 0.40-0.70 yuan (including 0.40 yuan) per building square meter per month;
Level 4: less than 0.40 yuan per square meter per month.
The above standards do not include elevator operation and maintenance fees.
Article 9 The charging standard for property services in residential quarters with the conditions for charging property services shall be determined by the entrusted property service enterprise to the competent price department, which shall review it jointly with the administrative department of property management.
Article 10 A realty service enterprise shall provide the following information when reporting the charging standard of realty service to the competent price department:
(a) a written application report on the level and standard of property service charges;
(2) A copy of the business license and its photocopy;
(three) a copy of the tax registration certificate and a copy;
(four) a copy of the property service qualification certificate and a copy;
(five) the original and photocopy of the property service contract;
(six) the original and photocopy of the previous property management service agreement or purchase contract;
(seven) the contents and standards of property services;
(eight) the cost accounting data of property services;
(9) Other relevant information.
Article 11 If the newly-built residential quarters implement property service charges, and the owners' assembly or owners' committee has not been established, the competent pricing department may determine the temporary property service charges according to the construction scale of the quarters and the service capacity of the property service enterprises, with reference to the guiding standards for property service charges and the preliminary property service agreement or purchase contract signed between the owners and the development and construction units or property service enterprises. The validity period of the temporary property service charge standard first recognized is one year.
Article 12 Where an owners' committee is established in a residential area, the owners' committee and the realty service enterprise entrusted by it shall refer to the guiding standards for the level of realty service charges, negotiate and determine the standard of realty service charges, and go through the formalities of price confirmation with the competent price department within one month from the date of signing the realty service contract. Two months before the expiration of the property service contract, the contract must be re-signed, and the price confirmation formalities must be re-handled at the competent price department.
In the residential area where the owners' committee is established, the prophase realty service contract shall be terminated at the same time from the date when the owners' committee signs a valid contract with the realty service enterprise.
Article 13 A realty service enterprise that introduces the market competition mechanism and is selected by the owners' assembly or owners' committee through bidding shall agree on the specific service content and charging standard according to the guiding standard of the charging level of realty service and the guiding price of realty service published by the competent price department, and go through the formalities of price confirmation at the competent price department.
Fourteenth property service enterprises to provide property services to commercial buildings, office buildings, apartments, villas and other non-residential and collect property service fees, should sign an agreement with the owners' committee or owners, agreed service content, charging standards and other matters.
Fifteenth owners and property services companies can agree on property services fees in the form of contract system or gratuity system.
Contract system refers to the way that the owner pays a fixed property service fee to the property service enterprise, and the profit and loss are enjoyed or borne by the property service enterprise.
The contract gratuity system refers to the method of paying the contract gratuity to the realty service enterprise in advance according to the agreed proportion or amount, and the rest is used for the expenses agreed in the realty service contract, and the balance or deficiency is enjoyed or borne by the owner.
Sixteenth the implementation of the contract system of property service fees, the composition of property service fees includes property service costs, statutory taxes and fees and the profits of property service enterprises.
The implementation of the property service fee system, the property service funds received in advance include property service expenditure and property service enterprise remuneration.
Property service cost or property service expenditure generally includes the following contents:
(a) the wages, social insurance and welfare expenses of the property service personnel;
(two) the daily operation and maintenance costs of the parts, facilities and equipment used by the property;
(three) the cost of cleaning and sanitation in the property service area;
(four) the cost of greening and maintenance in the property service area;
(five) the cost of maintaining the regional order of property services;
(six) the office expenses of the realty service enterprise;
(seven) depreciation of fixed assets of property service enterprises;
(The above answers were published on 20 13-06- 17. Please refer to the current actual purchase policy. )
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