Ministry of construction of the people's republic of china
Decree of the ministry of finance of the people's republic of china no. 165
The measures for the management of funds for the special maintenance of housing, which were discussed at the 142nd standing meeting of the ministry of construction on 30 october 2007 and signed jointly by the ministry of finance, have been published and are in effect since 1 february 2008。
The minister of construction, wang guangjin
Minister of finance
December 4th, 1997
Chapter i general provisions
Article 1 to strengthen the management of funds for specialized residential maintenance, to guarantee the maintenance and normal use of shared residential areas, facilities and facilities, and to safeguard the legal rights and interests of owners of funds for specialized residential maintenance, in accordance with the property act, property and propertyRegulationThis approach is developed by laws, administrative regulations, etc。
Article 2. Deposit, use, management and supervision of funds for the exclusive maintenance of residential premises for goods, public housing after sale, shall apply。
Under this scheme, funds earmarked for residential maintenance are used exclusively for residential areas, maintenance and upgrading of common facility equipment upon expiry, and for upgrading。
Article 3 of this scheme refers to the area of shared housing, which is shared by the owner of a single house or the owner of a single house and the non-residentate owner connected to its structure, in accordance with the law, regulations and the contract for the sale of the house, and which generally includes: the base of the house, the carrying wall, the column, the beam, the floor, the roof and the surface, the door, the stairway, the corridor, etc。
For the purposes of this scheme, shared facility equipment is used by the owner of the dwelling or owner of the dwelling and the non-owner of the relevant non-residential property, in accordance with the law, regulations and the contract for the sale of the house, and generally includes elevators, antennas, lighting, fire-fighting facilities, green areas, roads, street lights, ditches, ponds, wells, non-operational garages, facilities of public use and houses used for shared facilities。
Article iv. The management of funds for specialized residential maintenance is governed by the principles of exclusive household storage, earmarking, ownership decision-making and government supervision。
Article v. The department of construction of the state council, in conjunction with the department of finance of the state council, is responsible for directing and supervising funds earmarked for housing maintenance throughout the country。
Local people's government-building (real estate) authorities at the district level and above, together with the same financial authorities, are responsible for the supervision and supervision of funds for the special maintenance of dwellings in the district。
Chapter ii. Contributions
The owners of the following properties shall deposit funds for specialized residential maintenance in accordance with the provisions of this scheme:
(i) housing, except where one owner does not have a shared part of the property and common facility equipment
(ii) non-residential or non-residential units connected to a single residential structure outside the residential complex。
The property listed in the preceding paragraph is for the sale of publicly owned housing, and the housing unit shall deposit funds for the exclusive maintenance of the dwelling in accordance with the provisions of this scheme。
Article 7. The owner or non-owner of a dwelling deposits funds for the special maintenance of the dwelling in accordance with the building area of the property owned, and the initial deposit of funds for the special maintenance of the dwelling per square metre amounts to between 5 and 8 per cent of the construction price per square metre of the local residential construction project。
The authorities responsible for building (real estate) of the people's governments of municipalities, cities and counties under the authority shall determine, publish and adjust, as appropriate, the amount of the funds deposited for the initial maintenance of dwellings per square metre of building space。
Article 8. The sale of publicly owned housing is subject to the deposit of funds for specialized residential maintenance in accordance with the following provisions:
(i) the owner deposits funds for specialized residential maintenance on the basis of the building area of the property owned, and the initial deposit for specialized residential maintenance per square metre is 2 per cent of the local replacement cost。
(ii) a one-time withdrawal of funds from the sale of a dwelling for the exclusive maintenance of the dwelling, based on the fact that the multi-storey dwelling is not less than 20 per cent of the house price and the upper home is not less than 30 per cent of the house price。
Article 9 the funds deposited by the owner for the special maintenance of the dwelling are owned by the owner。
Funds drawn from public housing sales for specialized housing maintenance are owned by public housing sales units。
Prior to the establishment of the proprietors ' conference, funds deposited by owners of residential properties, non-residents, for the special maintenance of dwellings were held in the custody of the authorities responsible for the construction (real estate) of people's governments in municipalities, municipalities and counties where property is located。
The building (real estate) authority of the people's government of the municipalities, municipalities and counties directly under the authority of the central government shall entrust the management of the bank as the owner of the funds for the special maintenance of dwellings in the region and the establishment of the funds for the special maintenance of dwellings in the bank。
Funds for the exclusive maintenance of dwellings shall be set up in units of the property management area, which shall be divided according to the house's door number, and in units where no property management area has been assigned。
Article 11 - prior to the establishment of the general conference of owners, funds for the special maintenance of publicly owned dwellings, which were sold, were managed by the financial departments of the people's governments of the municipalities, municipalities and counties where the property is located, or by the construction (real estate) authorities。
The department responsible for the management of the funds for the special maintenance of public housing shall entrust the management of a commercial bank in the locality to manage the funds for the special maintenance of public housing housing in the region and to establish the funds for the special maintenance of public housing housing in the exclusive management bank。
The funds earmarked for the special maintenance of public housing shall be divided according to the unit in which the dwelling is opened, in which the funds deposited by the owner for the special maintenance of the dwelling shall be accounted for according to the number of the house。
Article 12. The owner of a commercial dwelling shall deposit the funds for the first special maintenance of the dwelling into the funds for the special maintenance of the dwelling prior to the entry of the dwelling。
The owner of a publicly owned dwelling who has sold it shall deposit the funds for the first period of special maintenance of the dwelling into the funds for special maintenance of public housing or into the funds for special maintenance of public housing housing。
Within 30 days from the date of receipt of the payment for the sale of the dwelling, the public housing unit shall deposit the funds collected for the special maintenance of the dwelling into the special maintenance funds for the public housing dwelling。
Article 13 a building development unit or a publicly owned housing sales unit may not deliver the house to the purchaser without depositing funds for the first period of specialized residential maintenance under this scheme。
Article 14 a housing unit that administers a bank and collects funds for the special maintenance of a dwelling shall issue a document for the exclusive maintenance of a dwelling, which shall be prepared by the ministry of finance or by the financial services of the provincial, autonomous and municipal governments。
Article 15. Upon the establishment of a conference of owners, funds deposited by the owner for the exclusive maintenance of the dwelling shall be transferred in accordance with the following provisions:
(i) the conference of owners shall entrust a commercial bank in the locality to operate as an exclusive bank for the purpose of housing maintenance funds in the area in which the property is managed and to establish a specialized home maintenance fund in the exclusive management bank。
Funds for the establishment of specialized housing maintenance funds shall be set up in units of the property management area and divided into accounts according to the house's door number。
(ii) the proprietors ' committee shall notify the competent authorities of construction (real estate) of publicly owned housing in the municipalities, municipalities and counties in which it is located; and, in the case of publicly owned housing sold, the department responsible for managing the special maintenance funds for public housing。
(iii) the building (real estate) authorities of municipalities, municipalities and county people's governments or those responsible for the management of special maintenance funds for public housing shall, within 30 days of receipt of the notification, notify the exclusive management bank to transfer the balance of the special maintenance funds for housing deposited by owners in the property management area to the special maintenance fund account maintained by the proprietors ' congress and to hand over the related accounts, etc., to the owner's committee。
Article 16. The account management unit, which has been transferred from funds for specialized residential maintenance, is determined by the general assembly. The proprietors ' conference should establish a fund management system for specialized residential maintenance。
The accounts of funds for the special maintenance of dwellings opened by the proprietors ' conference shall be subject to supervision by the competent authorities of the people's government (real estate) in the municipalities, municipalities and counties where they are located。
Article 17. The balance of funds for the exclusive maintenance of the dwelling belonging to the owner, which is less than 30 per cent of the initial deposit, shall be renewed in a timely manner。
In the event of the establishment of an owner's conference, the continuation of the programme is decided by the owner's council。
In the absence of an owner's conference, the specific management arrangements for renewal are developed by the people's government building (real estate) authorities of the municipalities, municipalities and counties under the authority of the same financial authorities。
Chapter iii
Article 18 funds for specialized residential maintenance shall be earmarked for residential areas, repair and upgrading after the completion of the maintenance of common facilities and equipment, and may not be diverted。
Article 19 - the use of funds for specialized residential maintenance shall be based on the principles of accessibility, transparency and consistency between the beneficiaries and the payers。
Article 20 maintenance and upgrading of shared facilities and equipment shall be cost-shared in accordance with the following provisions:
(i) the cost of maintenance and upgrading of equipment for the shared facilities, as well as the cost of upgrading, among or between residential and non-residential shares, shall be shared among the owners concerned in proportion to the size of the buildings they own。
(ii) the cost of the maintenance and upgrading of the common premises and equipment for the shared facilities shall be shared between the owners and the public housing units in proportion to the funds deposited for the exclusive maintenance of the dwellings; of this, shall be borne by the owners and then by the owners concerned in proportion to the size of the buildings they own。
(iii) maintenance and upgrading of equipment for shared facilities, after the sale of public housing and commercial housing or non-residential premises, the cost of upgrading and upgrading of the common facility, to be shared with the relevant property in proportion to the building area. Of these, the share of the cost of publicly owned housing after sale is shared between the owner concerned and the publicly owned housing unit in proportion to the funds deposited for specialized maintenance of the dwelling。
Article 21 - maintenance and upgrading of residential areas, equipment for shared facilities and renovations, in the case of commercial housing, non-residential or publicly owned housing that has not yet been sold, the construction unit or public housing unit shall share in the cost of maintenance and renovation and renovation, in accordance with the size of the building in which the commercial housing or communal housing has not been sold。
Article 22. The following procedure shall be followed for the use of funds for specialized residential maintenance until such time as they are transferred to the management of the conference of owners:
(i) property service enterprises make recommendations for use on the basis of maintenance and renovation and renovation projects; in the absence of a property service enterprise, such proposals are made by the relevant owners
(ii) the owner, who owns more than two thirds of the total building area and more than two thirds of the total, within the scope of the funds allocated for specialized residential maintenance, discusses the adoption of proposals for use
(iii) implementation of use programmes by property service enterprises or related owner organizations
(iv) property service enterprises or related industries, where the relevant materials are held, apply to the competent authorities of the people's government (real estate) in the municipalities, municipalities and counties in which they are located; where the funds for the special maintenance of public housing are used, apply to the authorities responsible for the special maintenance of public housing houses
(v) municipal, municipal and district people's government-building (b) notification of transfer of funds for specialized housing maintenance to the exclusive management bank, after approval by the competent authority or department responsible for managing funds for the special maintenance of publicly owned housing
(vi) the dedicated management bank transfers funds for specialized residential maintenance to maintenance units。
Article 23. The following procedure shall be followed when the funds for specialized residential maintenance are transferred to the management of the conference of owners, and the funds for specialized residential maintenance are used:
(i) property service enterprises propose use options, which should include, for example, the disposal of proposed repairs and upgrades, renovation projects, cost budgets, expenditure ranges, emergency situations such as endangering the safety of houses and other cases requiring temporary use of funds for specialized residential maintenance
(ii) the owner's assembly adopts the use programme in accordance with the law
(iii) implementation of a programme for the use of property service enterprises
(iv) establishments of property services submit to the owners ' committee special funds for the maintenance of dwellings; of these, those who use funds for the special maintenance of publicly owned dwellings apply to the department responsible for the special maintenance of publicly owned dwellings
(v) the approval of the proprietors ' committee on the basis of the use programme and the submission of the report to the competent authorities of the municipality, municipality and county people's government for construction (real estate); the approval of the department responsible for the administration of the special maintenance funds for public housing housing; and the agreement of the municipality, city and county people's government for construction (real estate) of the municipality, city and county government for the use of funds for the special maintenance of public housing housing; (b) the competent authorities or those responsible for the administration of special maintenance funds for public housing should be ordered to correct the finding of non-compliance with the relevant laws, regulations, regulations and use programmes
(vi) notifications from owners ' committees and departments responsible for managing funds for the special maintenance of publicly owned dwellings to the specialized management bank for the transfer of funds for the special maintenance of dwellings
(vii) the dedicated management bank transfers funds for specialized residential maintenance requirements to the maintenance unit。
Article 24. In cases of emergency, such as endangering the safety of the home, which require immediate repair and upgrading of the shared premises and equipment of the shared facilities, funds for the exclusive maintenance of the dwelling shall be allocated for:
(i) before funds for specialized residential maintenance are transferred to the management of the general conference, in accordance with the provisions of article 22, paragraphs 4, 5 and 6, of this scheme
(ii) after the transfer of funds for specialized residential maintenance to the management of the conference of owners, in accordance with the provisions of article 23, paragraphs 4, 5, 6 and 7, of this scheme。
In the event that maintenance and renovation (real estate) is not carried out in accordance with the provisions of the preceding paragraph, the competent authorities of the people's government of the municipalities, municipalities and counties directly under the central government may organize repairs, the cost of which shall be charged to the account of the household account of the owner's home-specific maintenance fund; if this relates to publicly owned housing, it shall also be charged to the public housing fund for special maintenance。
Article 25 the following costs may not be charged to funds for specialized residential maintenance:
(i) the cost of common residential space, common facility equipment maintenance, upgrading and alteration, which shall be borne by the construction unit or construction unit in accordance with the law
(ii) maintenance and maintenance of plumbing and facility equipment, such as water, electricity, gas, heat, communications, cable television, etc., which are legally to be borne by the relevant units
(iii) the costs of repairing common residential areas and equipment for shared facilities that should be borne by the parties for human damage
(iv) maintenance and maintenance of shared residential areas, shared facility equipment, as agreed in the property services contract, to be borne by the property services enterprise。
Article 26, subject to ensuring the proper use of funds for specialized residential maintenance, may be used for the purchase of public debt, in accordance with the relevant provisions of the state。
For the purchase of state debt using funds earmarked for residential maintenance, the newly issued state debt at the first level of the market should be purchased on the inter-bank bond market or on the market of commercial bank counters, and held on maturity。
The purchase of state debt using funds deposited by the owner for the exclusive maintenance of the dwelling shall be subject to the agreement of the owner's assembly; in the absence of a owner's assembly, the consent of the owner who owns more than two thirds of the building and more than two thirds of the total is required。
Any purchase of state debt with funds for the exclusive maintenance of housing from the public housing market shall be done with the agreement of the same financial department, in accordance with the financial affiliation of the housing unit。
It is prohibited to use funds for specialized residential repairs for the purpose of buying back the national debt, commissioning financial operations or using the purchased national debt for collateral, mortgage, etc。
Article 27 the following funds shall be transferred to the rolling funds for specialized residential maintenance:
(i) interest on the storage of funds for specialized residential maintenance
(ii) the use of specialized residential maintenance funds to purchase value-added gains from national debt
(iii) if the operation is carried out by means of shared residential areas and shared facilities, the owner's proceeds, unless otherwise decided by the owner's assembly
(iv) residual value of residential shared facility equipment recovered after end of life。
Chapter iv oversight and management
Article 28. Upon transfer of ownership of the house, the owner shall inform the transferee of the deposit and balance of funds for the exclusive maintenance of the dwelling and provide a valid certificate that the funds for the special maintenance of the dwelling remaining in the account of the sub-account of the house have been transferred at the same time as the ownership of the house。
The transferee shall hold an agreement for the transfer of funds for the exclusive maintenance of the dwelling, a home title certificate, an identity card, pending the transfer of the account by the exclusive management bank。
Article 29: in the event of loss of a dwelling, the funds earmarked for the maintenance of the dwelling shall be returned in accordance with the following provisions:
(i) the return to the owner of funds earmarked for the specialized maintenance of the dwelling that remain in the account of the sub-household
(ii) the balance of the funds deposited by the seller's office for the exclusive maintenance of the dwelling is returned to the seller's office; if the seller's unit does not exist, the equivalent treasury is collected according to the financial affiliation of the seller's unit。
Article 30 the building (real estate) authority of the people's government of municipalities, cities and counties directly under the central government, the department responsible for managing the funds for the special maintenance of public housing houses and the owner's committee, shall, at least once a year, reconcile the accounts of the funds for the special maintenance of housing houses with the exclusive management bank and shall make public the following information to the owner, the public housing sales unit:
(i) total deposit, use, value-added gains and balances of funds earmarked for residential maintenance
(ii) the projects, costs and contributions incurred
(iii) deposit, use, value-added gains and balances of funds earmarked for residential maintenance in the accounts of owners, public housing sales units
(iv) the use and management of other housing-specific maintenance funds。
The owner, the public housing seller, may apply for review if he objects to the disclosure。
Article 31 the managing bank shall, at least once a year, send a bill for the payment of funds for the special maintenance of housing to the authority for construction (real estate) of the city, city and county people's government, the department responsible for the management of the funds for the special maintenance of public housing houses and the owners ' committee。
The municipal, municipal and county construction (real estate) authority, the department responsible for managing funds for the special maintenance of publicly owned housing houses, and the owner's committee may request review of the change in the financial accounts by the exclusive management bank。
Household management banks should establish a system of searching for funds for specialized home maintenance and receive enquiries from owners, public housing sellers, regarding the use, value-added gains and balance of funds for specialized residential maintenance in their bank accounts。
Article 32. The management and use of funds for specialized residential maintenance shall be subject to audit oversight by the audit department in accordance with the law。
Article 33 the financial management and accounting of funds for specialized residential maintenance shall be governed by the relevant regulations of the ministry of finance。
The financial sector should strengthen its oversight of the implementation of the financial management and accounting system for funds earmarked for residential maintenance。
Article 34 - the purchase, use, preservation and write-off of bills exclusively intended for housing maintenance shall be carried out in accordance with the relevant provisions of the ministry of finance and the financial departments of the people's governments of the provinces, autonomous regions and municipalities directly under the central government and subject to supervision by the financial authorities。
