Detailed look at the revised approach in 2007, you are in the implementation of the approach before 2007 need annual inspection.
Property service enterprise qualification management measures
(March 17, 2004, the Ministry of Construction Decree No. 125, November 26, 2007, according to the
"Ministry of Construction on the revision of & lt; property management enterprise qualification management measures & gt; the decision to amend the"
The first in order to strengthen the supervision and management of the property management activities. To standardize the property management market order, improve the level of property management services, according to "Property Management Regulations", the formulation of these measures.
Article 2 In the People's Republic of China **** and the State to apply for property service enterprise qualifications, the implementation of the property service enterprise qualification management, the application of these measures.
The property service enterprises referred to in these measures, refers to the establishment of the law, with independent legal personality, engaged in property management service activities.
Article 3 The qualification level of property service enterprises are divided into one, two, three.
Article 4 The construction department under the State Council is responsible for the issuance and management of the qualification certificates of first-class property service enterprises.
The construction department of the people's governments of the provinces and autonomous regions is responsible for the issuance and management of the qualification certificates of the second-level property service enterprises, and the real estate department of the people's governments of municipalities directly under the Central Government is responsible for the issuance and management of the qualification certificates of the second-level and third-level property service enterprises, and accepts the guidance and supervision of the competent departments of the State Council.
The real estate department of the people's government of the municipalities located in the district is responsible for the issuance and management of the qualification certificates of the third-level property service enterprises and accepts the guidance and supervision of the competent departments of the people's governments of the provinces and autonomous regions in charge of construction.
Article 5 The conditions for property service enterprises of each qualification level are as follows:
(A) First-class qualification:
1. Registered capital of more than 5 million yuan;
2. Property management professionals, as well as engineering, management, economics and other related professional categories of full-time management and technical staff of not less than 30 people. Among them, not less than 20 people with intermediate or higher titles, engineering, finance and other business leaders with intermediate or higher titles in the corresponding professions;
3. Property management professionals in accordance with the relevant provisions of the State to obtain professional qualification certificates;
4. Management of more than two types of property and management of all types of properties in the housing floor area of the following corresponding calculation of the percentage of the base figure, respectively and not less than 100%:
(1) 2 million square meters of multi-storey houses;
(2) 1 million square meters of high-rise houses;
(3) 150,000 square meters of detached houses (villas);
(4) 500,000 square meters of office buildings, industrial plants and other properties.
5. Establishment and strict implementation of the quality of service, service charges and other corporate management systems and standards, the establishment of corporate credit file system, excellent business management performance.
(B) Level 2 qualification:
1. Registered capital of more than 3 million yuan;
2. Property management professionals, as well as engineering, management, economics and other related professional categories of full-time management and technical staff of not less than 20 people. Among them, not less than 10 people with intermediate or higher titles, engineering, finance and other business leaders with intermediate or higher titles in the corresponding professions;
3. Property management professionals in accordance with the relevant provisions of the State to obtain professional qualification certificates;
4. Management of more than two types of property and management of all types of properties in the housing floor area of the following corresponding calculation of the percentage of the base figure, respectively and not less than 100%:
(1) 1 million square meters of multi-storey houses;
(2) 500,000 square meters of high-rise houses;
(3) 80,000 square meters of detached houses (villas);
(4) 200,000 square meters of office buildings, industrial plants and other properties.
5. Establishment and strict implementation of the quality of service, service charges and other corporate management systems and standards, the establishment of corporate credit file system, good business management performance.
(C) Level 3 qualification:
1. Registered capital of RMB 500,000 yuan or more;
2. Property management professionals and engineering, management, economics and other related professional categories of full-time management and technical staff of not less than 10 people. Among them, not less than 5 people with intermediate or higher titles, engineering, finance and other business leaders with intermediate or higher titles in the corresponding professions;
3. Property management professionals in accordance with the relevant provisions of the State to obtain professional qualifications
4. There are commissioned property management projects;
5. Establishment and strict implementation of the quality of service, service charges and other business management systems and standards, the establishment of corporate credit file system.
Article 6 The newly established property service enterprises shall, within 30 days from the date of receipt of business license, apply for qualification to the competent real estate department of the people's government of the municipality directly under the central government and the city with districts in the area where the industrial and commercial registration is located, with the following documents:
(a) business license;
(b) business articles;
(c) proof of capital verification;
(d) Proof of identity of the legal representative of the enterprise;
(v) professional qualification certificates and labor contracts of property management professionals, management and technical staff title certificates and labor contracts.
Article VII of the newly established property services enterprises, its qualification level in accordance with the minimum level of approval, and set a one-year temporary period.
Article VIII of the first level of qualification property service enterprises can undertake a variety of property management projects.
The second level of qualification property service enterprises can undertake 300,000 square meters of residential projects and 80,000 square meters of non-residential projects below the property management business.
The third level of qualification property service enterprises can undertake 200,000 square meters of residential projects and 50,000 square meters of non-residential projects below the property management business.
Article 9 The property service enterprises applying for the approved qualification level shall submit the following materials:
(1) declaration form of enterprise qualification level;
(2) business license;
(3) enterprise qualification certificates of the original and duplicate;
(4) professional qualification certificates of the property management professionals and labor contracts, management and technical personnel's title certificates and labor contracts of management and technical personnel, title certificates and labor contracts of engineering and financial leaders;
(e) copies of property service contracts;
(f) property management performance materials.
Article 10 qualification approval department shall accept applications from enterprises within 20 working days from the date of application, to meet the conditions of the corresponding qualification level of enterprises issued certificates of qualification; the first level of qualification approval shall be preceded by the provincial, autonomous regional people's governments in charge of the construction of the people's government or municipalities directly under the Central People's Government of the real estate department for the review of the review period of 20 working days.
Article 11 The property service enterprises to apply for approval of qualification level, within one year prior to the date of application, one of the following acts, the qualification examination and approval department shall not be approved:
(a) the employment of personnel who have not obtained the professional qualification certificate of property management to engage in property management activities;
(b) a property management area of all the property management business is entrusted to another person
(C) misappropriation of special maintenance funds;
(D) unauthorized change in the use of property management rooms;
(E) unauthorized change in the use of public **** building and **** facilities in accordance with the planning of the property management area;
(F) unauthorized occupation, excavation of property management area of the road, site, damaging the owners of the **** the same interests
(7) unauthorized use of property *** parts, *** facilities and equipment for business;
(8) property service contract termination, not in accordance with the provisions of the handover of property management rooms and related information;
(9) and property management bidders or other property management bidders to collude with each other, to seek to win the bid by improper means;
< p> (J) does not fulfill the property service contract, the owners complained more, after investigation and verification;(XI) beyond the qualification level to undertake property management business;
(XII) leasing, lending, transfer of certificates of qualification;
(XIII) the occurrence of a major accident of responsibility.
Article XII of the qualification certificate is divided into the original and a copy of the State Council department in charge of construction of the unified printing, the first and the copy has the same legal effect.
Article 13 No unit or individual shall forge, alter, lease, lend or transfer the qualification certificate.
Enterprises that have lost their qualification certificates should make a statement in the news media before applying for a replacement.
Article 14 The enterprise shall, in the event of separation or merger, apply for the cancellation of the qualification certificate to the original qualification examination and approval department within 30 days after applying for the change procedures to the administration for industry and commerce, and re-approve the qualification level.
Article 15 The name of the enterprise, the legal representative and other matters have changed, should be changed within 30 days after the change procedures, to the original qualification approval department for qualification certificate change procedures.
Article 16 The enterprise bankruptcy, closure or termination of business activities for other reasons, should be in the business license cancellation procedures within 15 days after the original qualification approval department for the cancellation of qualification certificates.
Article XVII of the property services enterprises to obtain a certificate of qualification, shall not reduce the qualification conditions of the enterprise, and shall accept the supervision and inspection of the qualification approval department.
The qualification approval department shall strengthen the supervision and inspection of property service enterprises.
Article 18 One of the following circumstances, the qualification approval department or its higher competent department, according to the request of the interested party or on the basis of authority may revoke the qualification certificate:
(a) the approval department staff abuse of power, dereliction of duty to make the decision on the approval of the qualification of the property service enterprises;
(b) beyond the statutory authority to make the qualification of the property service enterprises Approval of the decision;
(C) violation of the statutory procedures to make decisions on the approval of the qualifications of property service enterprises;
(D) does not have the eligibility to apply for or does not meet the statutory conditions of the property service enterprises to issue qualification certificates;
(E) can be withdrawn according to law and approval of the other circumstances.
Article 19 The property service enterprises beyond the qualification level to undertake property management business, by the local people's government at or above the county level, the competent department of real estate shall be warned and ordered to make corrections within a specified period of time, and impose a fine of 10,000 yuan or more than 30,000 yuan.
Article 20 The property service enterprises to rent, lend, transfer qualification certificates, by the local people's government at or above the county level of the competent department of real estate shall be warned, ordered to make corrections within a specified period of time, and impose a fine of 10,000 yuan or more than 30,000 yuan.
Article 21 The property service enterprises not in accordance with the provisions of this Measures in a timely manner for the qualification change procedures, by the local people's governments above the county level, the competent department of real estate ordered to make corrections within a specified period of time, and may impose a fine of 20,000 yuan.
Article 22 The qualification examination and approval department has one of the following circumstances, the competent department or supervisory organ of its superior shall order correction, the directly responsible officer in charge and other directly responsible personnel shall be given administrative sanctions according to law; constitutes a crime, shall be investigated for criminal responsibility:
(a) the enterprise does not meet the statutory conditions for the issuance of qualification certificates;
(b) the enterprise does not meet the statutory conditions for the issuance of qualification certificates;
(c) the enterprise does not meet the statutory conditions for the issuance of qualification certificates. (B) do not meet the statutory conditions of the enterprise to issue qualification certificates;
(C) to meet the statutory conditions of the enterprise is not approved within the statutory period;
(D) the use of the convenience of his position, acceptance of other people's property or other benefits;
(E) does not fulfill the supervision and management responsibilities, or found that the violation of the law is not investigated and dealt with.
Article 23 These Measures shall come into force on May 1, 2004 .