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Article 1. The present Measures are hereby formulated in accordance with the Regulation on Realty Management for the purpose of strengthening supervision over and administration on the realty management activities, regulating the realty management market order, and improving the level of realty management services. Article 2. The present Measures shall be applicable to the application for qualifications of a realty management enterprise and making management thereon within the territory of the People's Republic of China. The "realty management enterprise" mentioned in the present Measures shall refer to the enterprise, which is established according to law with the qualifications of an independent legal entity, and undertakes the realty management service activities. Article 3. The qualifications of a realty management enterprise shall be classified as the first, second and third grades. Article 4. The competent construction department of the State Council shall be responsible for issuance and administration of the qualification certificate of the first grade realty management enterprises. The competent construction departments of the people's governments of provinces and autonomous regions shall be responsible for issuance and administration of the qualification certificate of the second grade realty management enterprises, and the competent realty departments of the people's governments of municipalities directly under the Central Government shall be responsible for issuance and administration of the qualification certificate of the second and third grades realty management enterprises, and accept the guidance and supervision of the competent construction department of the State Council. The competent realty departments of the people's governments of the cities divided into districts shall be responsible for the issuance and administration of the qualification certificate of the third grade realty management enterprises and accept the guidance and supervision of the competent construction departments of the people's governments of the provinces and autonomous regions. Article 5. The realty management enterprises of every grade of qualifications shall meet the following conditions respectively: (1) The first grade qualifications: 1. The registered capital shall be more than RMB 5 million Yuan; 2. There are no less than 30 professionals of realty management and full-time management and technical personnel in relevant specialities such as the engineering, management, or economy. Among them, there shall be no less than 20 personnel who have the intermediate title of a technical post or above, and the business managers in engineer or finance shall have the intermediate title of a technical post or above accordingly; 3. The realty management professionals shall obtain the certificate of vocational qualifications in accordance with the relevant provisions of the state; 4. Managing more than two kinds of realties, and the building areas of each kind of the realty shall account for no less than 100% of the total percentages of each of the following calculation basis respectively: a. 2 million square meters for multi-floor houses; b. 1 million square meters for tall building houses; c. 150 thousand square meters for detached houses or villas; and d. 500 thousand square meters for office buildings, industrial workshops and other realties; and 5. Establishing and implementing strictly enterprise management system and standards such as the service quality and service charge, setting up enterprise credit archive systems, and having outstanding management achievements; (2) The second grade qualifications: 1. The registered capital shall be more than RMB 3 million Yuan; 2. There are no less than 20 professionals of realty management and full-time management and technical personnel in relevant specialities such as the engineering, management, or economy. Among them, there shall be no less than 10 personnel who have the intermediate title of a technical post or above, and the business managers in engineer or finance shall have the intermediate title of a technical post or above accordingly; 3. The realty management professionals shall obtain the certificate of vocational qualifications in accordance with the relevant provisions of the state; 4. Managing more than two kinds of realties, and the building areas of each kind of the realty shall account for no less than 100% of the total percentages of each of the following calculation basis respectively: a. 1 million square meters for multi-floor houses; b. 500 thousand square meters for tall building houses; c. 80 thousand square meters for detached houses or villas; and d. 200 thousand square meters for office buildings, industrial workshops and other realties; and 5. Establishing and implementing strictly enterprise management systems and standards such as the service quality and service charges, setting up enterprise credit archive systems, and having outstanding management achievements; (3) The third grade qualifications: 1. The registered capital shall be more than RMB 500 thousand Yuan; 2. There shall be no less than 10 professionals of realty management and full-time management and technical personnel in relevant specialities such as the engineering, management, or economy. Among them, there shall be no less than 5 personnel who have the intermediate title of a technical post or above, and the business managers in engineer or finance shall have the intermediate title of a technical post or above accordingly; 3. The realty management professionals shall obtain the certificate of vocational qualifications in accordance with the relevant provisions of the state; 4. Having entrusted realty management projects; and 5. Establishing and implementing strictly enterprise management system and standards such as the service quality and service charges, setting up enterprise credit archive systems, and having outstanding management achievements. Article 6. A newly established realty management enterprise shall, within 30 days from the date of receiving the business license, apply for qualifications to the competent realty departments of the people's governments of the municipalities directly under the Central Government and cities divided into districts at the place of industry and commerce registration upon the strength of the following documents: (1) Business license; (2) Articles of association of the enterprise; (3) Certificate of capital verification; (4) The identity certificate of the legal representative of the enterprise; and (5) The certificate of vocational qualifications and the labor contract of the realty management professionals, and the certificate of title of a technical post and labor contract of the management and technical personnel. Article 7. The grade of qualification of a newly established realty management enterprise shall be checked and ratified according to the minimum grade, with an interim period of one year being fixed. Article 8. The realty management enterprises with the first grade qualifications may undertake various realty management projects. The realty management enterprises with the second grade qualifications may undertake the realty management business of residence projects of under 300 thousand square meters and the non-residence projects of under 80 thousand square meters. The realty management enterprises with the third grade qualifications may undertake the realty management business of residence projects under 200 thousand square meters and non-residence projects under 50 thousand square meters. Article 9. A realty management enterprise that applies for checking and ratifying the qualification grade shall submit the following documents: (1) Application form for qualification grade of an enterprise; (2) Business license; (3) The original copy and duplicate copy of the qualification certificate of an enterprise; (4) The certificate of vocational qualifications and the labor contract of the realty management professionals, the certificate of the title of a technical post and labor contract of the management and technical personnel, the certificate of title and labor contract of the engineering and financial managers; (5) Photocopy of the realty service contract; and (6) The documents of outstanding achievements of the realty management. Article 10. The departments of qualification examination and approval shall, within 20 working days from the date of accepting the application of the enterprises, check and issue qualification certificate to the enterprises meeting the corresponding qualification grade conditions. Before the examination and approval of the grade one qualifications, it shall be examined by the competent construction departments of the people's governments of provinces and autonomous regions or the competent realty departments of the people's governments of the municipalities directly under the Central Governments. And the time limit for the examination shall be 20 working days. Article 11. In case a realty management enterprise has any of the following acts within one year before the date of applying for checking and ratifying qualification grade, the departments of qualification examination and approval shall not grant approval: (1) Engaging personnel who have not obtained the certificate of vocational qualifications of the realty management to undertake the realty management activities; (2) Entrusting all the realty management businesses within one realty management areas to others in a lump; (3) Embezzling the special maintenance funds for other purpose; (4) Changing the use of the realty management houses without authorization; (5) Changing without authorization the use of the public buildings and common establishments, which are built as planned within the realty management areas; (6) Occupying or digging without authorization the road or ground within the realty management areas to impair the common interests of the owners of the realty; (7) Making use of the public parts and establishments and equipment of the realty without authorization to carry out business operations; (8) Failing to transfer the houses for realty management use and the relevant documents as required when the realty service contract terminates; (9) Colluding with the realty management tenderees or other realty management bidders to seek for winning the bid by illegal means; (10) Failing to perform the realty service contract, causing more complaints from owners of the realty, which are proved to be true upon investigation; (11) Undertaking realty management business exceeding the qualification grade; (12) Leasing, lending or transferring the qualification certificates; or (13) Occurring serious accidents arising from negligence. Article 12. The qualification certificates shall have the original copy and the duplicate copy, which shall be printed by the competent construction department of the State Council uniformly, and the original copy and the duplicate copy shall have the same legal force. Article 13. No entity or individual may forge, alter, lease, lend, or transfer the qualification certificate. In case an enterprise loses its qualification certificate, it cannot apply for reissuing until it has made an announcement on the news media. Article 14. Where an enterprise divides or merges, it shall, within 30 days after going through alteration formalities at the administrative department for industry and commerce, apply for going through cancellation formalities for qualification certificate to the former department of qualification examination and approval, and the qualification grade shall be checked and ratified once more. Article 15. In case an enterprise changes its name or legal representative, it shall go through the formalities for alteration of qualification certificates at the former department of qualification examination and approval within 30 days after going through the alteration formalities. Article 16. In case an enterprise goes bankrupt, goes out of business or terminates business activities due to other reasons, it shall, within 15 days after going through formalities for cancellation of business license, handle formalities for cancellation of the qualification certificate at the former department of qualification examination and approval. Article 17. An annual examination system shall be implemented on the qualifications of realty management enterprises. The annual examination on the realty management enterprises of various grades of qualifications shall be made by the corresponding departments of qualification examination and approval. Article 18. Where a realty management enterprise conforms with the conditions of qualification grade originally set down, its annual examination conclusion shall be deemed as qualified. If a realty management enterprise does not conform with the conditions of qualification grade originally set down, its annual examination conclusions on qualification shall be deemed as disqualified. And the former departments of qualification examination and approval shall cancel its qualification certificate, and the corresponding departments of qualification examination and approval shall recheck and ratify its grade of qualifications. The departments of qualification examination and approval shall publicize the conclusions of the annual examination on qualifications of realty management enterprises to the general public. Article 19. After obtaining the qualification certificate, a realty management enterprise shall not lower its qualification condition, and shall accept the supervision and inspection of the departments of qualification examination and approval. The departments of qualification examination and approval shall strengthen the supervision over and inspection on the realty management enterprises. Article 20. Under any of the following circumstances, the departments of qualification examination and approval or their upper level departments in charge shall, upon the request of the interested party or according to their functions and powers, revoke the qualification certificate: (1) The staff members of the departments of examination and approval misuse authority, or neglect duty to make decisions on examination and approval for qualifications of realty management enterprises; (2) Making decisions on examination and approval for qualifications of realty management enterprises exceeding legal functions and power; (3) Making decisions on examination and approval for qualifications of realty management enterprises in violation of legal procedures; (4) Issuing qualification certificates to the realty management enterprises that do not have the qualifications of application or do not conform with the legal conditions; or (5) Other circumstances that may result in revocation of examination and approval according to law. Article 21. Where a realty management enterprise undertakes realty management business exceeding its qualification grade, the competent realty management departments of the local people's governments at or above the county level shall give it warnings, order it to correct within a prescribed time limit, and impose a fine of RMB 10 thousand Yuan up to RMB 30 thousand Yuan. Article 22. Where a realty management enterprise fails to take part in the annual examination on qualifications without justifiable reasons, the departments of qualification examination and approval shall order it to correct within a prescribed time limit, and may also impose a fine of RMB 10 thousand Yuan up to RMB 30 thousand Yuan. Article 23. In case a realty management enterprise leases, lends or transfers the qualification certificate, the competent realty departments of the local people's governments at or above the county level shall give it warnings, order it to correct within a prescribed time limit, and impose a fine of RMB 10 thousand Yuan up to RMB 30 thousand Yuan. Article 24. In case a realty management enterprise fails to go through formalities for alteration of qualifications in time in accordance with the present Measures, the competent realty management departments of the local people's governments at or above the county level shall order it to correct within a prescribed time limit, and impose a fine of less than RMB 20 thousand Yuan. Article 25. In case the departments of qualification examination and approval are under any of the following circumstances, their upper level competent departments or supervisory organs shall order them to correct, and impose an administrative punishment on the executives directly responsible and other persons directly liable; in case they commit a crime, they shall be prosecuted for criminal liabilities according to law: (1) Issuing qualification certificate to the enterprises not meeting the legal conditions; (2) Not issuing qualification certificate to the enterprises meeting the legal conditions; (3) Failing to make examination and approval for enterprises meeting the legal requirements within the legal time limit; (4) Receiving money or property or other benefits from other people by making use of the convenience of his/her post; or (5) Failing to perform functions of supervision and administration, or failing to make investigation and punishment when finding illegal acts. Article 26. The present Measures shall be implemented as of May 1st, 2004. |
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