Notice of Beijing Municipal Commission of Housing and Urban-Rural Development on Issuing the Implementation Plan on Comprehensive Supervision over Property Services of Residential Projects in Beijing (Trial) |
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Jing Jian Fa [2022] No. 75 To all commissions of housing and urban-rural development and housing management bureaus at the district level, and all relevant units, In order to implement the work plans of the State Council on interim and ex post supervision and the spirit of instructions from the leadership of Beijing Municipality and meet the requirements of the Work Plan on Introducing New Measures for and Strengthening Interim Supervision and Developing an Integrated and Comprehensive Supervision System (Jing Jian Guan Lian Ban Fa [2021] No. 8) jointly issued by the Beijing Municipal Administration for Market Regulation and the Beijing Municipal Administration of Government Services, the Beijing Municipal Commission of Housing and Urban-Rural Development has formulated the Implementation Plan on Comprehensive Supervision over Property Services of Residential Projects in Beijing (Trial). It is hereby issued to you for your earnest enforcement. The Notice is hereby given. Beijing Municipal Commission of Housing and Urban-Rural Development March 17, 2022 Implementation Plan on Comprehensive Supervision over Property Services of Residential Projects in Beijing (Trial) In order to further build an integrated supervision system, improve the effectiveness of supervision, protect the legitimate rights and interests of entities related to property management in accordance with the law, make constant efforts in streamlining administration and delegating powers, improving regulation, and upgrading services and comprehensively promote the healthy and orderly development of Beijing's property management industry as per the requirements of the Regulations on Optimizing the Business Environment, Guiding Opinions of the State Council on Strengthening and Standardizing the Interim and Ex Post Regulation, Regulations of Beijing Municipality on Property Management and the Work Plan of Beijing Municipality on Innovating and Strengthening Interim Supervision and Building an Integrated Supervision System, this Plan is hereby formulated. I. General Requirements (I). Guiding ideas Following the guide of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, it is necessary to comprehensively implement the spirit of the Nineteenth National Congress of the Communist Party of China as well as the Second, Third, Fourth, Fifth and Sixth Plenary Sessions of the Nineteenth Central Committee of the Communist Party of China, deeply implement the spirit of General Secretary Xi Jinping's important speech on Beijing, adhere to the people-centered development thought, uphold the problem-oriented method and wider application after testing, make great efforts to conduct integrated supervision over industries and realize the goals that the level of property management is significantly improved and people's satisfaction is further enhanced. (II). Objectives More efforts should be made to implement the requirements of the Regulations on Optimizing the Business Environment in Beijing, build a sound comprehensive supervision system for property services of residential projects, establish a comprehensive supervision mechanism based on risk assessment and credit assessment and carry out differentiated supervision over classified and tiered residential projects in Beijing by means of the classification and grading. In addition to making supervision more efficient, it is also important to further specify departmental responsibilities and improve the frequency of site inspections so as to help optimize the business environment in Beijing. (III). Fundamental principles First, various departments should work together to improve efficiency. It is necessary to adhere to the principle of integration of regulatory entities, integrate as well as the regulatory resources of all departments and levels, enhance coordination among different levels, implement multi-dimensional supervision in many aspects, and make supervision more precise and effective. Second, implementing regulation in a scientific and precise manner to lift efficiency. More should be done to innovate our regulatory models on the basis of full use of new technologies and methods on the consideration of risks and credit standings, and build a tiered and full-coverage regulatory structure highlighting key points in a scientific way so as to improve the efficiency of supervision. Third, strengthening industry self-discipline and deliver high-quality services. It is essential to adopt the work mode of property services characterized by "enterprise autonomy + industry self-discipline + government supervision + social supervision", raise the legal awareness of industry entities, encourage industry entities to fully understand and consciously abide by the law and deliver high-quality services. II. Six Basic Systems to Establish and Improve (I). Instituting a robust risk monitoring system More efforts should be made to adopt a regulatory philosophy centered on risk prevention and control, summarize the risk factors of property services in residential projects, and establish a property service risk assessment mechanism to comprehensively implement risk assessment on residential projects (See Annex 1 for details). (II). Instituting a sound credit assessment system We will improve credit supervision on the property management industry, and carry out unified implementation of credit assessment that features four grades and nine levels on property services of all residential projects in Beijing, on the basis of summarizing the supervision records, including complaints, administrative penalty due to violations of laws and regulations and commendations for property services of residential projects (See Annex 2 for details). (III). Instituting a sound classified and tiered supervision system It is also essential to implement tiered supervision based on "risk + credit", coordinate two dimensions of risk monitoring and credit supervision, optimize the frequency of supervision on a gradual basis, and conduct differentiated and precise supervision for supervised entities at different levels (See Annex 3 for details). (IV). Instituting a sound joint supervision system It is important to urge the implementation of the primary responsibility of sub-districts (townships) through a working mechanism of "swift response to public complaints" and "quick answer to community calls"; intensify efforts in coordination among municipal departments and focus on addressing prominent problems in property management; and strengthen organization and leadership at the district level and give play to the role of each district in bearing primary responsibility (See Annex 4 for details). (V). Establishing a project record and information collection system It is a must-do to give full play to the advantages of technology, do a good job in record and information collection of residential property projects using technological means, focus on improving the application performance of "Beijing Owner" APP, and speed up the development of property management systems and the promotion of "handling through a unified online platform", so as to lay a foundation for other supervision systems in terms of data and constantly improve the technology-based supervision system for the property management industry. (VI). Instituting a sound joint supervision system It is vital to foster a work pattern of joint supervision led by the Party Committee and dominated by the government that allows for residents' autonomy, multi-party participation and co-construction after consultation and promotes industry self-discipline. The grass-roots governance system should include property service enterprises and the owners committee. establish a highly linked service mechanism with clear powers and responsibilities and concerted efforts, give full play to the "quick answer to community calls" working mechanism, further mobilize various parties, improve the property service level and bolster efficient joint supervision (See Annex 6 for details). III. Piloting the Scenario-based Supervision over Property Service Enterprises (I). Promoting the system of one integrated list for one property service provider. Pursuant to the provisions of laws and regulations such as Regulations of Beijing Municipality on Property Management, Beijing Municipal Commission of Housing and Urban-Rural Development shall take the lead in preparation of List of Illegal Matters of Property Service Enterprises, which will define the law enforcement powers of Beijing Municipality and its districts and sub-districts (townships), make clear the basis of law enforcement punishment and urge property service providers to provide services according to law and regulations (See Annex 8 for details). (II). Promoting the system of one integrated checklist for one property service provider. The inspection contents of property service enterprises will be summarized. Beijing Municipal Commission of Housing and Urban-Rural Development shall take the lead in preparation of the Comprehensive Checklist for Property Service Providers, strictly implement the checklist system and conduct inspections in strict accordance with contents stated in the checklist in a standard manner (See Annex 7 for details). (III). Promoting the system of one inspection for one property service provider. The working principle that "the responsibilities for supervision must be undertaken by the approval department, the competent authority of industry and the business unit" shall prevail. According to the formulated Joint Supervision System for Property Services of Residential Projects, it is essential to establish a collaborative supervision mechanism led by competent authorities of various industries and involving relevant departments, refine the check mode and launch joint inspections. (IV). Promoting the system of the integrated assessment for one property service provider. It is necessary to conduct comprehensive evaluation of "risk + credit" over market entities and establish a classified and tiered evaluation mechanism centered on risk prevention and control and based on credit behaviors. Competent departments of districts shall perform their respective functions and responsibilities, develop their own ledger of tiered and industry specific supervision, specify the supervision methods and formulate supervision plans. Contents of the ledger mainly include the project name, the district and sub-district (township), the name of the property service enterprise, as well as the classification and grading, etc. The classified and tiered supervision ledger shall be updated every six months. IV. Safeguards (I). Strengthening the organization and leadership. Beijing Municipal Commission of Housing and Urban-Rural Development shall intensify its efforts in coordinating, guiding and urging relevant departments to carry out comprehensive supervision of property services of residential projects. All districts and departments shall raise their awareness and promote the implementation of various policies and measures. Bold exploration and active pilots are encouraged and attempts are made to gain experience and develop good practices. (II). Ensuring strict implementation of responsibilities. All departments of various districts shall enhance accountability, regard comprehensive supervision of property services of residential projects as a key task, and conscientiously perform supervision duties in strict accordance with the principle of "whoever is in charge of approval and whoever is the administrator shall undertake the responsibility of supervision". (III). Intensifying training and publicity. Guidance and training shall be stepped up for law enforcement officials to improve their professional capabilities, especially those at the grassroots level. It is also necessary to strengthen publicity and guidance on innovation and comprehensive supervision, promote proactive policy interpretation, actively respond to public concerns, summarize and promote good experience and practices, cultivate and set up typical examples, and create a good social environment featuring strict, standardized, fair-minded and civilized supervision. (IV). Strengthening information reporting. All departments of various districts shall establish sound work systems based on actual work conditions, designate personnel to take charge, and report the work progress, good experience and practices, vivid cases and existing difficulties to the municipal competent departments of relevant industries before the 18th of each month. Annex 1. Risk Assessment System of Comprehensive Supervision on Property Services of Residential Projects in Beijing Annex 2. Credit Assessment System of Comprehensive Supervision on Property Services of Residential Projects in Beijing Annex 3. Classified and Tiered System of Comprehensive Supervision on Property Services of Residential Projects in Beijing Annex 4. Joint Supervision System for Property Services of Residential Projects in Beijing Annex 5. Record and Information Collection System for Property Services of Residential Projects in Beijing Annex 6. Joint Management System of Comprehensive Supervision on Property Services of Residential Projects in Beijing Annex 7. Comprehensive Checklist for Property Service Enterprises Annex 8. List of Illegal Matters of Property Service Providers Annex 1 Risk Assessment System of Comprehensive Supervision on Property Services of Residential Projects in Beijing Article 1. In order to further strengthen supervision on property services of residential projects in Beijing, accurately identify potential risks of property services of residential projects and their impacts, and comprehensively determine the risk level of property services of residential projects, this system is hereby formulated. Article 2. In this system, the risks facing property services of residential projects mainly include service time, scale, rate of property service charge, owner satisfaction and so on. Article 3. Different weight coefficients are assigned to the risk influencing factors of property services of residential projects according to the scope and degree of influence, and the risk level is determined on a comprehensive basis according to the assessment results of risk factors. Article 4. Assessment Standard for the Risk Factors of Property Services of Residential Projects. Service Time (10 points * weight coefficient)
Scale (10 points * weight coefficient)
Rate of property service charge (40 points * weight coefficient)
Owner satisfaction (40 points* weight coefficient)
Article 5. The risk level of property services of residential projects is calculated adding the separate scores of four risk factors, which are divided into A (Low), B (General), C (High) and D (Significant) levels from low to high.
Article 6. Risk level assessment is subject to dynamic management, with half a year as a cycle. Annex 2 Credit Assessment System of Comprehensive Supervision on Property Services of Residential Projects in Beijing Article 1. In order to further strengthen supervision on property services of residential projects in Beijing, accurately evaluate the effectiveness of supervision on property services of residential projects, and comprehensively determine the credit rating of property services of residential projects, this system is hereby formulated. Article 2. For this system, main factors to determine the credit rating of supervision on property services of residential projects include the complaints, administrative penalties due to violations of laws and regulations and commendations for property services of residential projects. Article 3. In supervision, rewarding and punishment assessment on property services of residential projects, different points are assigned according to the scope and degree of influence, and the credit ratings of property services of residential projects are determined on a comprehensive basis. Article 4. The credit rating assessment criteria are as follows: (I). The basic score of credit supervision on property services of residential projects is 100. (II). The rewarding and punishment assessment criterion are as follows: 1. Those who entrust all matters agreed in the Property Service Contract to a third party will be deducted of 50 points every time; 2. Those who commit misappropriation or encroachment of special maintenance funds will be deducted of 50 points every time; 3. Those who refuse to exit from the property management area as per the provisions of Regulations of Beijing Municipality on Property Management will be deducted of 50 points every time; 4. Those listed in the scope of special rectification of prominent property management issues subject to special management will be deducted of 20 points every time; 5. Those who fail to implement the primary responsibility of work safety and cause serious work safety accidents will be deducted of 20 points every time; 6. Those with other serious violations of laws and regulations during the provision of property services will be deducted of 10 points every time; 7. 10, 20 and 30 points will be additionally assigned to those who receive district awards or commendations, municipal awards or commendations and national awards or commendations, respectively. Article 5. The credit behavior levels of the property services of residential projects can be divided into four grades and nine levels according to these points. They are A, A-, B+, B, B-, C+, C, C- and D from high to low, respectively. The specific assessment criteria are as follows.
Article 6. Credit level assessment is subject to dynamic management, with half a year as a cycle. Annex 3 Classified and Tiered System of Comprehensive Supervision on Property Services of Residential Projects in Beijing Article 1. In order to build a system of social credit construction, standardize credit behavior in property services of residential projects, innovate supervision methods, and enable accurate differentiated supervision on property services of residential projects, this system is hereby developed. Article 2. It is necessary to coordinate risk and credit assessment, and implement a classified and tiered supervision system based on "risk + credit" according to the risk level and credit rating assessment results of property services of residential projects. Article 3. The classified and tiered supervision levels are divided into A, B, C and D from high to low. The specific criteria are as follows.
Article 4. More efforts should be made to determine the inspection frequency on a reasonable basis for supervision objects at different levels, further refine our supervision work by reducing the frequency of inspection on residential projects with low risk and good credit and increase the frequency of inspection on residential projects with high risk and poor credit. Article 5. The entities to implement supervision according to the criterion for classified and tiered supervision include the authorities at municipal, district, sub-district (township) level. On-site inspections are adopted, with the specific criteria as follows.
Article 6. The classified and tiered supervision evaluation is subject to dynamic management, with half a year as a cycle. Annex 4 Joint Supervision System for Property Services of Residential Projects in Beijing Article 1. In order to build a property management system under the framework of community governance led by party building, give full play to the working mechanism of "quick answer to community calls" and the advantages of special governance and law enforcement led by departments, establish a joint law enforcement mechanism for interim and ex post supervision on property services, intensify efforts in law enforcement against various illegal issues in residential projects, and effectively improve the supervision level of property services in accordance with the concept of joint and co-governance, this system is hereby formulated. Article 2. It is necessary to adhere to a problem-oriented and people-centered approach and conduct joint law enforcement and inspection, prepare the list of law enforcement responsibilities of functional departments, and define their responsibilities. The departments and sub-districts (townships) shall make full use of the data collected via the mechanism of "swift response to public complaints" and the assessment results of "risk + credit", and launch joint law enforcement based on the division of responsibilities using the "quick answer to community calls" and special governance mechanism led by departments according to the classification of four levels and nine grades. Article 3. Beijing Municipal Commission of Housing and Urban-Rural Development shall, in conjunction with the functional departments of city management, public security, fire rescue, planning and natural resources, water supply, market supervision and management with law enforcement responsibilities for residential projects, strengthen the analysis of data on "swift response to public complaints", and organize the implementation of special governance and comprehensive law enforcement actions under the overall planning of departments based on the division of responsibilities, so as to address marked issues in their respective fields. Beijing Municipal Commission of Housing and Urban-Rural Development may take the lead in organizing municipal departments to carry out joint law enforcement and inspection in view of the "risk + credit" assessment results and inspection frequency requirements or on the residential projects that cause major public opinion crisis and prominent problems. Article 4. All the commissions of housing and urban-rural development (housing management bureaus) at district level shall take the lead in joint law enforcement for residential projects of districts, and organize various departments and sub-districts (townships) to carry out joint law enforcement according to the "risk + credit" assessment results and inspection frequency requirements. They shall also guide sub-districts (townships) to do a good job in joint law enforcement according to the "risk + credit" assessment results. Article 5. The sub-districts (townships) shall fully rely on the mechanism of swift response to public complaints to accurately utilize the mechanism of "quick answer to community calls" in an accurate way, and launch law enforcement against new illegal issues, potential issues and complex issued not addressed according to the "risk + credit" assessment results and inspection frequency requirements. Annex 5 Record and Information Collection System for Property Services of Residential Projects in Beijing Article 1 In order to further improve the efficiency of comprehensive supervision on property services of residential projects, implement information-based and digital property management, and promote the construction of smart property, this system is hereby formulated according to the Regulations of Beijing Municipality on Property Management and relevant provisions. Article 2. Beijing Municipal Commission of Housing and Urban-Rural Development is responsible for the formulation of relevant provisions on the record of residential property projects, the maintenance and technical support of property management systems and the organization of technical training; all commissions of housing and urban-rural development (housing management bureaus) at district level are responsible for examination and approval of the records of residential property projects and the contents submitted by all parties; and the sub-district offices and the people's government of townships are responsible for review of the records of residential property projects and filling in and submission of corresponding contents. Article 3. Project record shall be made by property service providers within 15 days upon the signature or modification of the Property Service Contract for Residential Projects. Property service enterprises shall fill in and submit the Beijing Residential Property Project Information Collection Form (See the Annex) and upload the Property Service Contract or relevant documents on the portal of Beijing Municipal Commission of Housing and Urban-Rural Development (http://zjw.beijing.gov.cn/), while other property service providers shall fill in and submit the Beijing Residential Property Project Information Collection Form and upload the Property Service Contract or relevant documents after logging on the Beijing Property Management System (http://120.52.185.106:83/#/login). Sub-district offices and people's governments at the township level shall fill in and submit the Beijing Residential Property Project Information Collection Form after logging on the Beijing Property Management System (http://120.52.185.106:83/#/login). The contents related to the Owners' Committee (Committee of Property Management) and the Party organization shall be filled in by sub-district offices and people's governments at the township level, while other contents shall be filled in by property service providers. Article 4. After the property service providers fill in all the relevant contents in the Beijing Residential Property Project Information Collection Form and upload the Property Service Contract or relevant documents, they can download the Notice of Handling Results by themselves. Article 5. In case of any changes to the contents of Beijing Residential Property Project Information Collection Form, the property service providers shall fill in relevant contents again within 15 days from the date of such changes. Among them, where the contents related to the Owners Committee (Committee of Property Management) and the Party organization are changed, the sub-district offices and people's governments at the township level shall fill in relevant contents once again within 15 days from the date of such changes. Article 6. On the basis of collecting project information, the property service providers shall fill in and upload the performance of the Property Service Contract and the income and expenditure of property service projects implemented last year as well as the budgets of property service projects of the current year. Article 7. All commissions of housing and urban-rural development (housing management bureaus) at district level and sub-district (townships) level shall actively fulfill their principal responsibilities, fully coordinate, supervise and guide the voting activities on "Beijing Owner" APP in residential property management areas under their jurisdiction, and give priority to increasing the use efficiency of "Beijing Owner" APP to facilitate owners' electronic voting. Annex 6 Joint Management System of Comprehensive Supervision on Property Services of Residential Projects in Beijing Article 1. In order to establish a property management system under the framework of community governance led by Party building, adhere to the pattern of co-governance led by the Party Committee and dominated by the government that allows for residents' autonomy, multi-party participation and co-construction after consultation and promotes industry self-discipline, and give full play to the leading and core role of community Party organizations in sub-districts (townships) in the grassroots governance, this system is hereby formulated. Article 2. According to the Three-Year Action Plan on Strengthening Property Management and Lifting the Property Service Level in Beijing (2020-2022) released by Beijing Municipal Committee of the CPC and People's Government of Beijing Municipality, and the Guiding Opinions on the Development of Property Service Enterprises and Owners Committee under the Leadership of Party Building released by the Organizational Department of Beijing Municipal Committee of the CPC, it is necessary to integrate the property service providers and owners committees into the scope of grassroots governance, and pursue a highly linked service mechanism with clear responsibilities and joint efforts, so as to continue to improve the capacity of grassroots Party organizations to organize, publicize, unite and serve the masses and refine the grassroots social governance pattern featuring extensive consultation, joint contribution, joint supervision and shared benefits under the guidance of Party building. Article 3. More efforts should be made to further define the responsibilities of departments in charge of the property industry for business supervision and Party building guidance. Municipal departments shall facilitate Party building of the property industry across Beijing, while district-level departments shall establish industry associations, promote municipal and district-level industry associations and sub-districts (townships) to form alliances, guide enterprises on Party building work, and integrate Party building with industry development using innovation approaches. Industry associations shall strengthen industry self-discipline, standardize property services, provide policy consultation for sub-districts (townships) and communities, help mediate conflicts and disputes, and constantly improve the professional ability and service level of property service enterprises. Article 4. It is essential to empower communities (towns) to enhance leadership in the management of territorial property services, put Party building of owners committees (property management committees) and property service enterprises as well as major issued encountered in property service management on the agenda, build a platform for residents' consultation, and guide community Party organizations to do a good job in establishment of Party organizations and a collaborative service mechanism between owners committees (property management committees) and property service enterprises, so as to form synergy for grassroots social governance. Article 5. It is also a must-do to adhere to joint construction and co-governance, strengthening the primacy of the people, make full use of incumbent Party members returning to their communities and other resources, and encourage sub-districts (communities) to organize residents to legally participate in property management and grassroots governance in an orderly manner. Article 6. Full play should be given to the working mechanism of "quick answer to community calls", focus on property service issues mostly collected via "12345" Citizen Service Hotline, follow the principle of "small services provided by communities, key services provided by sub-districts (townships) and difficulties solved by relevant departments", set up a ledger for serious problems that have been reported by the public for a long time, supervise the resolution of these issues according to the ledger, develop in time the solutions to common and difficult problems, strengthen law enforcement between departments and enhance residents' sense of satisfaction, security and happiness. Article 7. Legal, accounting, engineering, evaluation, consulting and other third-party institutions and personnel responsible for provision of professional services are supported to participate in property management and service activities, and provide fair and professional consulting, training, evaluation, inspection, supervision and audit services for relevant subjects of property management. Support will also be given to non-profit social organizations for participating in property service activities. Annex 7 Comprehensive Checklist for Property Service Enterprises Time for check: From __ (Hour)__ (Minute) __ (MM) __ (DD) __ (YY) to __ (Hour)__ (Minute) __ (MM) __ (DD) __ (YY) Form No.:
(This document is publicly released.) |
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