Committee of municipal and rural construction in charge of Beijing housing prints and distributes the notice of Regulations on Expert Mangement of Beijing Realty Management Industry
(Beijing construction and development committee [2010] No.340)
In order to give full play to the role of the importance of the industry experts in regulating the realty management, to futher improve the working mechanism in qualification assessment of the realty service enterprise, appraisal of the realty management demonstrative program, assessment supervision of the realty service, committee of municipal and rural construction in charge of the city housing formulates Regulations on Expert Mangement of Beijing Realty Management Industry, now printing and distributing it to you, please implement according to it.
June 13, 2010
Expert Management Regulations of Beijing Realty Management Industry
Chapter Ⅰ General Provisions
Aticle 1 The regulations are formulated in order to further regulate the realty management activity, to give full play to the role of realty management experts, to perfect the consultation of the realty service, appraisal, proof and assessment supervision mechanism according to relevant defined laws and regulations and rules combining with the practical situation of the city.
Aticle 2 Management of the realty management experts in the districts of the city hereof shall apply.
Aticle 3 Experts of realty management shall conduct the consultation of the realty management, appraisal, proof and assessment supervision following the principles of open, fair, just and honest and trustworthy, following relevant laws and regulations and rules and shall undertake relevant responses for the proposed professional opinions.
Aticle 4 Municipal Commission of Housing and Urban-Rural Development shall authorize and revoke the qualification of the realty management experts and shall conduct the training, appraisal, supervision and management of the experts.
Chapter Ⅱ Qualification Requirements of Expert and Selection Process
Aticle 5 Realty management experts include general management experts and professional technology experts.
General management expert shall mean the middle and top manager in charge of the realty service enterprise or managing the realty service items comprehensively in the realty management industry.
Professional technology expert shall mean the professional person with more than intermediate titles engaged in related occupation in realty management or building construction, safely use of building management, including the professional in civil engineering, electric, HVAC, water supply and drainage, structure, economy and finance.
Aticle 6 General managenment expert shall have the following conditions:
(Ⅰ) Abide by state laws and regulations, good professional ethics, serious and responsible work, stick to principles, moral integrity, incorruptible and self-disciplined, no illegal records;
(Ⅱ) Under 65-year-old, good health;
(Ⅲ) Engaged in realty management or relevant work for more than eight years, or engaged in realty management or relevant work with more than intermediate professional technology title for over five years;
(Ⅳ) Act as department manager of realty service enterprise or above;
(Ⅴ) Rich practical experience in enterprise general management and operation management, in charge of or engage in market operation, quality management, human resource management, financial management, etc. in the enterprise;
(Ⅵ) Familiar with operation characteristics and formulations of the realty service enterprise, familiar with relevant laws, regulations, rules and normative documents of the industry;
Article 7 Professional technology expert shall have the following conditions:
(Ⅰ) Abide by state laws and regulations, good professional ethics, serious and responsible work, stick to principles, moral integrity, incorruptible and self-disciplined, no illegal records;
(Ⅱ) Engage in the professional technology work referred in Article 5 （Ⅲ） for more than five years;
(Ⅲ) Occupation qualification with professional technology of intermedite or above;
(Ⅳ) Educational background of undergraduate or above;
(Ⅴ) Familiar with realty management and relevant laws, regulations rules and normative documents, industry specifications and technical standards;
(Ⅵ) Necessary working hours, under 65-year-old, good health.
Aricle 8 Experts applying for the occupation shall sign up through individual recommendation and recommendation by organization. If recommended by organization, it shall firstly get the approval of the recommended person.
Individual recommendation and recommendation by organization shall all fill in the written application form and attach to the reference information in accordance with the defined conditions of Article 6, Article 7 in this regulation.
Article 9 Committee of municipal and rural construction in charge of the city real estate is responsible for reviewing the applicant or the recommended person. Assess eligible applicant or the recommended person of the realty management experts with relevant laws, regulations and professional knowledge, issue the expert certificate of the realty management industry for the eligible.
Article 10 Committee of municipal and rural construction in charge of the city real estate can invite deputies to the NPC, CPPCC, scholars, lawyers to participate in the assessment activity of the realty service demonstrative program as the contractual experts. Committee of municipal and rural construction in charge of the city real estate shall regularly adjust and publish the list of the contractual experts according to the requirements of the work.
Chapter Ⅲ Working scope of the realty management expert
Article 11 The realty management expert can accept the entrustment of the party to participate in qualification assessment of the realty service enterprise, appraisal of the realty management demonstrative program, assessment supervision of the realty service in the districts of the city.
Article 12 The qualification assessment of the realty service enterprise is professionaly conducted by the experts from the view of the service specifications and enterprise management operation for the realty service enterprise applied to raise the qualification.
Article 13 Assessment of the realty service demonstrative program is professionaly conducted by the experts for the applied programs to provide professional opinions for assessing the real management demonstrative program.
Article 14 As for the assessment supervision of the realty service, the assessment supervision of the realty service third party entrusts the experts to provide professional assessment opinions for the quality and service costs of the realty service programs, realty shared parts, management situations of the shared facilities.
Chapter Ⅳ Management of the realty management experts
Article 15 Committee of municipal and rural construction in charge of the city real estate is responsible for the daily management of the expert database:
(Ⅰ) Regularly organize expert members of the realty management industry to conduct the trainings, lectures and exchanges about the realty management business and relevant legal konwledge;
(Ⅱ) Establish expert files to record the specific circumstances about the quality assessment of the realty management enterprise, appraisal of the realty management demonstrative program, assessment supervision of the realty service the experts participated in detail and publish it on the internet to accept the supervision from citizens;
(Ⅲ) Establish the expert dynamic monitoring platform of the realty management industry, issue the job evaluation survey form of the experts randomly and fill in it by related organization; set up the complaints hotline about the experts’ illeagal behaviors and complaints mailbox to review the personal integrity of the experts and the implemented situation of the credit, regularly adjust and publish the list of expert database according to the review results.
Article 16 Expert of the realty management industry is entitled to the fowlling rights:
(Ⅰ) Accept the entrustment from the related departments of government, realty management industry association, the third party assessment supervision organization, assume the review, appraisal and assessment supervision;
(Ⅱ) Apply professional knowledge and management experience to conduct independent review and assessment for the program and provide relevant opinions without interference from any organization or individual according to relevant laws, regulations and rules;
(Ⅲ) Participate in the trainings, lectures and exchanges organized by related organizations;
(Ⅳ) Other rights regulated by the laws, regulations and rules.
Ariticle 17 Expert of the realty management industry shall perform the following obligations:
(Ⅰ) Abide by work disciplines, not to be allowed to accept the property or other benefits from the entrusting party or commissioned organization;
(Ⅱ) Spread the work with fair, just;
(Ⅲ) Assist and cooperate the administrative competent department of the realty management to monitor, inspect and survey;
(Ⅳ) Declare changing items of the work and individual essential inforamation timely and provide related referrence information;
(Ⅴ) Other duties regulated by the laws, regulations and rules.
Article 18 Expert database of Beijing realty management industry implements the dynamic management. The employment period of the experts of the realty management is three years each time, after that time, those passed the assessment can be continually employed.
Article 19 Expert of the realty management industry violates one of the following actions, committee of municipal and rural construction in charge of the city real estate shall warn; if the case is serious, revoke the expert’s qualification of the realty management industry and notice it, not to be allowed to reapply the expert of the realty management industry for life, not to be allowed to participate in the review, appraisal, assessment activity of the city:
(Ⅰ) Illegally accept property or other benefits from the interested party;
(Ⅱ) Perform the duties without fair and just;
(Ⅲ) Other behavoirs violate the laws and regulations.
(Ⅰ) Not being the expert applied by himself;
(Ⅱ) Not being appropriate to be the expert for the change of the work;
(Ⅲ) Not being competent to the expert for the health;
(Ⅳ) Give up the entrustment from the party without proper reasons accumulated for more than three times;
(Ⅴ) Seriously violate the principles of open, fair, just and honest and trustworthy, or the assured big complaint issues of the realty management by theMunicipal Commission of Housing and Urban-Rural Development;
(Ⅵ) Other situations of not being appropriate to assume the expert of the realty management industry.
Chapter Ⅴ Supplementary Provisions
Article 21 This regulation shall come into effect on August 1, 2010.
Released department: Other organizations of Beijing Released date: June 13, 2010 Implementation date: August 1, 2010 (Local regulations)
