The Decree of Handan Municipal People’s Government
The Amendment to the Measures of Handan Municipality on the Management of Property, which was adopted on the 23rd executive meeting of Handan Municipal People’s Government on August 13, 2018, is hereby promulgated and shall come into force as of the date of promulgation.
Wang Litong, Mayor
August 29, 2018
Amendment to the Measures of Handan Municipality on the Management of Property
I. Article 3 is amended to read: “The municipal house property department shall be responsible for the supervision and administration of the property management activities within this Municipality, and responsible for the collection and management of special funds of housing/residential maintenance (hereinafter referred to as maintenance funds) in Congtai District, Hanshan District and Fuxing District.
“The administrative departments of Housing & Urban-rural Construction of county-level people’s governments (hereinafter referred to as county-level house property departments) shall be responsible for the supervision and administration of property management & service activities, and responsible for the collection, usage/using and management of maintenance funds in the local area which is under the jurisdiction.
“The departments of Finance, Development & Reform, Planning, Construction, Comprehensive Enforcement for Urban Management, Civil Air-Defense, Public Security, Civil Affairs, Supervision & Management of Market, Health, Environmental Protection and other departments shall supervise and control over the property management activities within the scope of their respective responsibilities.”
II. The Paragraph 1 of Article10 is amended to read: “A preparatory group for the inaugural meeting of the property owners' congress shall have an odd membership and members of 7 to 11. The preparatory group shall consist of representatives of property owners, project owners (including the sale organization of state-owned apartment), sub-district office and local residents committee. The representatives of property owners in the preparatory group shall be recommend from the model owners for duty of honest performance by the local residents committee or sub-district office. The representatives of property owners in the preparatory group shall not be less than half of the total number of members in it. The representative of the sub-district office shall be the head of the preparatory group.
III. The expression “the qualified” in Article 30 is deleted.
IV. Article 36 is amended to read: “The enterprises engaged in property services shall have an independent legal personality, and report to the county-level house property departments for archiving purposes of credit information within 30 days after obtaining the business license.”
“The municipal house property department shall, together with the relevant departments, establish the System of Joint Incentive for Keeping Faith and Joint Punishment for Losing Faith, and strengthen the management of social honesty. The specific measures for the management of credit information shall be formulated by the municipal house property department.
“The personnel engaged in the property services shall regularly participate in appropriate vocational education and training.
If the property service companies of other cities enter into Handan to engage in the activities of property service and business, they shall, on the strength of the branch's business license and other relevant legal and valid certificates, put on record with the municipal house property department, and report to the local county-level house property departments for archiving purposes of credit information.
Article 37 is deleted.
6. Article 37 is deleted.
7. Article 67 is changed to Article 65, and the third sub-item of the first item thereof is amended to read: “When the project owners conduct the initial registration of real estate rights, they shall submit the maintenance funds deposit certificate issued by the maintenance funds department.”
8. Article 68 is changed to Article 66 and amended to read: “If the buyers fail to deposit the first phase maintenance funds, the project owners or the organization that sells the publicly-owned house shall not hand over the house, and the registration of real estate rights should not be handled in the Municipality and county-level administrative department of houses.
9. Article 81 is changed to Article 79 and amended to read: “If the project owners, in violation of the provisions of Article 31, fail to proclaim the preliminary estate service contract and interim management convention in the sale place of proclaiming, and the realty service enterprises in violation of the provisions of Article 36 & 40 of these Measures, fail to establish credit information files or fail to submit for the record & endorsement according to stipulations, the housing property departments shall order them to make corrections within a definite time, and may impose a fine of not more than 3,000 CNY.”
Article 68 is changed to Article 84 and amended to read: “If the project owners engage in housing unauthorized disposal with the property shared parts, shared facilities and the rights to use, the Housing Property Management Department shall give punishment in accordance with the provision of Article 57 of “the Property Management Regulations” of the State Council; If losses are caused to owners, the liability for compensation shall be assessed according to law.
Article 87 is deleted.
Article 88 is deleted.
The numbering of relevant articles thereof shall be adjusted accordingly. Article 83, and Article 89 to 94 in accordance with the “the Property Management Regulations” related to the corresponding penalty provisions shall be amended accordingly.
The Measures of Handan Municipality on the Management of the Property shall be re-promulgated after being revised correspondingly in accordance with this decree of amendment.