About theFuzhou citySpecial residential maintenance fundsManagement approachI'm sorryDraft)
(sixteenth meeting of the standing committee of the sixteenth people's congress, fukuo city, 29 august 2024)
Zhao mingzheng, deputy mayor of the people's government of fukuzhou
The director, the deputy directors, the secretary-general, the members:
In response to a request from the municipal people's government, the following information is provided on the draft scheme for the management of funds for specialized residential maintenance in the city of fukuzhou:
I. Need for development and drafting process
In 2015, our city introduced a normative document entitled " managing funds for specialized residential maintenance in the city of fukuzhou " . (no. 189) has played a positive role in the management and use of funds for residential maintenance. As of the end of june of this year, our city had accumulated $17. 84 billion in maintenance funds, generated $2. 82 billion in value-added gains and disbursed $400 million, of which $2. 026 billion was available (12. 22 billion in the five urban areas and $7. 74 billion in other districts). With the rapid development of the urbanization process in our city, new problems have arisen in the management of funds for specialized residential maintenance: first, normal collection difficulties. In october 2021, the state audit office indicated that there was an outstanding liability for our city's maintenance funds, and that the failure of the five urban areas to deposit maintenance funds prior to their delivery required a total of rmb 2. 07 billion for 204,000 households. Second is the stock draw. Following repeated reminders, the outstanding maintenance funds in the five urban areas of our city still involve 1. 41 billion yuan in 1,63 million households. Third is the difficulty of applying. Owing to difficulties in harmonizing the views of owners, it was difficult to vote on the use of the programme and it was not possible to activate the maintenance funds. From 2007 to date, upon application by users, our city has allocated only $400 million for maintenance, with a usage rate of less than 2 per cent. There is therefore an urgent need for stronger legislative measures to further regulate the deposit, management, use and supervision of maintenance funds, to safeguard the security of funds and to safeguard the legitimate rights and interests of maintenance owners。
Under the arrangements of the standing committee of the municipal people's congress in 2024, the management of funds for the special maintenance of housing in fukuzhou (hereinafter referred to as " the scheme " ) was included in this year's local legislation project. The municipal directorate of housing and urban and rural construction, which is responsible for the drafting of the scheme, has conducted several studies and studies to draw on the legislative experience of other cities in the country, such as guiyang, yangquan, wuhan and jiazhou, and to draft the scheme (preliminary draft) for submission to the municipal council of justice, taking into account the practical management of municipal maintenance funds. On several occasions, the municipal judicial bureau has consulted with the relevant municipal authorities and the people's governments of each county (municipality), resulting in the " approach " (for review) for reporting to the municipality. The scheme was validated by a municipal conference and agreed to by a municipal council, and is now before the municipal council。
Ii. Main contexts
The scheme (draft) consists of seven chapters, thirty-nine articles, which provide, inter alia, for the following:
(i) clear division of duties (arts. 4, 5)
In order to further clarify responsibilities and division of responsibilities, articles 4 and 5 of the draft scheme, in accordance with the institutional reforms and practice of municipal management, provide for the respective responsibilities of municipal, district (municipal) district housing and urban-rural construction administrative authorities, municipal housing special maintenance finance centres, communal (town) people's governments, street offices and village (resident) councils in the management of maintenance funds。
(ii) identification of issues relating to the deposit of funds for maintenance (article 8)
In order to address the difficulty of regular collection of maintenance funds, article 8, paragraph 1, of the draft scheme designates the point of deposit as the time of delivery and provides that, in the registration of property rights, the real estate registry shall review the certificates of payment of maintenance funds by the owner. In the case of non-payment of stocks, article 8, paragraph 2, of the draft scheme provides for three types of reminder measures, one by the competent authorities in accordance with the regulations on property management of the province of fujian; the other by the non-payment of contributions, which is further supplemented by the requirement that the funds for maintenance be increased by an equivalent amount at the bank's annual loan rate over the same period, while authorizing the competent authorities to set a clear ceiling on the total amount in accordance with the law; and the third by specifying that the general assembly of owners or the owner's committee may initiate proceedings before the people's court under the regulatory statute. Article 8, paragraph 3, provides that the construction unit shall deposit funds for the maintenance of its own property in specific cases to ensure that they are paid in full。
(iii) identification of issues related to the use of maintenance funds in emergency situations (arts. 25, 26)
In order to address the difficulty of applying for maintenance funds and to improve the efficiency of the use of maintenance funds, article 25 of the draft scheme specifies that there are emergency situations that endanger the safety of the use of housing or public safety, and that property service enterprises should immediately organize maintenance, upgrade or take emergency preparedness measures, without a vote by the owner, and list those circumstances that are consistent with the emergency. Article 26 further details the procedure for the approval of funds for maintenance in emergencies。
(iv) the explicit use of digital regulation (art. 32)
With a view to strengthening the information management of maintenance funds, article 32 of the draft scheme provides that the housing specialized maintenance funds management unit shall establish an information management platform for residential specialized maintenance funds, which shall provide intelligence, information management of the deposit, use, value added and savings of residential specialized maintenance funds and ensure the security of funds。
(v) creation of legal liability (arts. 34-37)
In response to problems arising in the management of maintenance funds, article 35 (1) of the draft scheme increases the amount of the fine for the unauthorized delivery of housing by a building development unit or the failure to deposit the first period of special home maintenance funds for its own property, and is incorporated as bad credit information into the credit evaluation system of the real estate development enterprise in fukuzhou. Article 35, paragraph 2, establishes separate penalties for the development of construction units that do not contribute to the cost of common property shares, the maintenance, upgrading and adaptation of common facilities equipment, and article 36, which imposes penalties on property service enterprises, owners ' committees or the respective owners of fraudulent projects or works。
The draft and the above notes are for consideration。
