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【法规名称】娣卞湷缁忔祹鐗瑰尯浣忓畢鍖虹墿涓氱鐞嗘潯渚嬶紙1999骞翠慨姝o級
Administrative Regulations of Shenzhen Special Economic Zone on Management of Property of Residential Quarters
【发布时间】19990630
【实施时间】19990630
【颁布部门】娣卞湷甯備汉姘戞斂搴 Shenzhen Municipal People's Government锟斤拷
 
 
【English version】 【中文正文】 【中英文逐条对照】
 
 
Administrative Regulations of Shenzhen Special Economic Zone on Management of Property of Residential Quarters
 
Administrative Regulations of Shenzhen Special Economic Zone on Management of Property of Residential Quarters 娣卞湷缁忔祹鐗瑰尯浣忓畢鍖虹墿涓氱鐞嗘潯渚
锛圤riginally adopted at the Twenty-third Meeting of Standing Committee of the First Shenzhen Municipal People鈥檚 Congress on June 18, 1994, as revised in accordance with the Decision on Revision of Administrative Regulations of Shenzhen Special Economic Zone on Property Management of Residential Quarters of the Thirty-third Meeting of Standing Committee of the Second Shenzhen Municipal People鈥檚 Congress on June 30, 1999.锛 锛堜竴涔濅節鍥涘勾鍏湀鍗佸叓鏃ユ繁鍦冲競绗竴灞婁汉姘戜唬琛ㄥぇ浼氬父鍔″鍛樹細绗簩鍗佷笁娆′細璁氳繃锛屾牴鎹竴涔濅節涔濆勾鍏湀涓夊崄鏃ユ繁鍦冲競绗簩灞婁汉姘戜唬琛ㄥぇ浼氬父鍔″鍛樹細绗笁鍗佷笁娆′細璁婂叧浜庝慨鏀广堟繁鍦崇粡娴庣壒鍖轰綇瀹呭尯鐗╀笟绠$悊鏉′緥銆夌殑鍐冲畾銆嬩慨姝o級
Chapter I General Provisions 绗竴绔犮鎬诲垯
Article 1 In order to strengthen the property management of residential quarters of Shenzhen Special Economic Zone (hereinafter referred to as the 鈥淪pecial Zone鈥), make clear the rights and interests of proprietors, the property management companies and other relevant management agencies, safeguard the reasonable use of the property in residential quarters, maintain the public order of residential quarters and create favorable living environment, these regulations are hereby formulated. 绗竴鏉°涓哄姞寮烘繁鍦崇粡娴庣壒鍖猴紙浠ヤ笅绠绉扮壒鍖猴級鐨勪綇瀹呭尯鐗╀笟绠$悊锛屾槑纭笟涓汇佺墿涓氱鐞嗗叕鍙稿強鍏朵粬鏈夊叧绠$悊閮ㄩ棬鐨勬潈鍒╁拰涔夊姟锛屼繚闅滀綇瀹呭尯鐗╀笟鐨勫悎鐞嗕娇鐢紝缁存姢浣忓畢鍖虹殑鍏叡绉╁簭锛屽垱閫犺壇濂界殑鐢熸椿鐜锛屽埗瀹氭湰鏉′緥銆
Article 2 The "residential quarters" herein referred to the residential districts where the majority of the housing are residences, equipped with counterpart public utilities and a few non-residence houses. The scope of residential quarters shall be delimited by the residence administrative agency under the Shenzhen Municipal People鈥檚 Government (hereinafter referred to as the 鈥淢unicipal Government鈥) in consultation with other concerned government agencies. The "property" in these regulations referred to all types of houses and buildings within the residential quarters, and the counterpart common and public utilities and equipment and public places. The "proprietors" in these regulations referred to the owners of the residences and non-residence houses within the residential quarters. 绗簩鏉°鏈潯渚嬫墍绉颁綇瀹呭尯锛屾槸鎸囦互浣忓畢涓轰富锛屽苟鏈夌浉搴旈厤濂楀叕鐢ㄨ鏂藉強闈炰綇瀹呮埧灞嬬殑灞呬綇鍖恒備綇瀹呭尯鐨勮寖鍥寸敱娣卞湷甯備汉姘戞斂搴滐紙浠ヤ笅绠绉板競鏀垮簻锛変綇瀹呰鏀跨鐞嗛儴闂ㄤ細鍚屾湁鍏抽儴闂ㄥ垝瀹氥傛湰鏉′緥鎵绉扮墿涓氾紝鏄寚浣忓畢鍖哄唴鍚勭被鎴垮眿鍙婄浉閰嶅鐨勫叕鐢ㄨ鏂姐佽澶囧強鍏叡鍦哄湴銆傛湰鏉′緥鎵绉颁笟涓伙紝鏄寚浣忓畢鍖哄唴浣忓畢鍜岄潪浣忓畢鎴垮眿鐨勬墍鏈夋潈浜恒
Article 3 The public places and public utilities and equipment within the residential quarters shall be used and maintained jointly by all the proprietors, leaseholders and other non-proprietor users. 绗笁鏉°浣忓畢鍖虹殑鍏叡鍦烘墍鍜屽叕鐢ㄨ鏂斤紝鐢卞叏浣撲笟涓汇佹壙绉熶汉鍜屽叾浠栭潪涓氫富浣跨敤浜哄叡鍚屼娇鐢ㄤ笌缁存姢銆
Article 4 The property management of residential quarters shall be exercised in the management form of combining autonomy of proprietors and professional service and combining territorial management and industrial management. 绗洓鏉°浣忓畢鍖虹墿涓氱鐞嗗疄琛屼笟涓昏嚜娌讳笌涓撲笟鏈嶅姟鐩哥粨鍚堬紝灞炲湴绠$悊涓庤涓氱鐞嗙浉缁撳悎鐨勭鐞嗘ā寮忋
Article 5 Proprietors and leaseholders shall have right to participate in the property management of residential quarters and have the obligations of reasonably using the houses and public utilities and equipment and maintaining the public interests of residential quarters. 绗簲鏉°涓氫富銆佹壙绉熶汉鏈変緷娉曞弬鍔犱綇瀹呭尯鐗╀笟绠$悊鐨勬潈鍒╋紝骞舵湁鍚堢悊浣跨敤鎴垮眿鍜屽叕鐢ㄨ鏂斤紝缁存姢浣忓畢鍖哄叕鍏卞埄鐩婄殑涔夊姟銆
Article 6 The residence administrative agency under the Municipal Government shall be the competent agency in charge of the property management of residential quarters of the Special Zone (hereinafter referred to as the "competent municipal residential authority"). The competent residential authority of the people's governments of various districts (hereinafter referred to as the "competent district residential authority" singly or "competent district residential authorities" collectively) shall be the authorities in charge of property management operation of residential quarters of their own jurisdictional areas respectively and shall guide and supervise the property management operation of the residential quarters within their own jurisdictional areas according to law respectively. 绗叚鏉°甯傛斂搴滀綇瀹呰鏀跨鐞嗛儴闂ㄦ槸鐗瑰尯浣忓畢鍖虹墿涓氱鐞嗙殑涓荤閮ㄩ棬锛堜互涓嬬畝绉板競浣忓畢涓荤閮ㄩ棬锛夈傚悇鍖轰汉姘戞斂搴滀綇瀹呰鏀跨鐞嗛儴闂紙浠ヤ笅绠绉板尯浣忓畢涓荤閮ㄩ棬锛夋槸鏈緰鍖哄唴浣忓畢鍖虹墿涓氱鐞嗙殑涓氬姟绠$悊閮ㄩ棬锛屽鏈緰鍖虹殑浣忓畢鍖虹墿涓氱鐞嗕緷娉曡繘琛屾寚瀵笺佺洃鐫c
Article 7 All residential quarters may form a proprietors' committee each according to these regulations. Proprietors' committees shall accept the guidance and supervision of the competent residential authorities at the municipal and district levels. 绗竷鏉°鍚勪綇瀹呭尯鍙互鏍规嵁鏈潯渚嬭瀹氭垚绔嬩笟涓诲鍛樹細銆備笟涓诲鍛樹細搴斿綋鎺ュ彈甯傘佸尯浣忓畢涓荤閮ㄩ棬鐨勬寚瀵煎拰鐩戠潱銆
Article 8 Property management companies shall exercise management over the property in the residential quarters on a unified basis according to these regulations and the entrustment of proprietors' committee. Each property management company shall set up a residential quarter management office in each residential quarter under its management. 绗叓鏉°鐗╀笟绠$悊鍏徃鏍规嵁鏈潯渚嬭瀹氬拰涓氫富濮斿憳浼氱殑濮旀墭瀵逛綇瀹呭尯鐨勭墿涓氱粺涓瀹炴柦绠$悊銆 鐗╀笟绠$悊鍏徃搴斿綋鍦ㄥ叾绠$悊鐨勪綇瀹呭尯鍐呰浣忓畢鍖虹鐞嗗銆
Chapter II Proprietors General Meeting and Proprietors Committee 绗簩绔犮涓氫富澶т細鍙婁笟涓诲鍛樹細
Article 9 Where the residence rate of the residential quarter reaches not less than 50% or as two full years elapses since the date of the first proprietor moves in the residential quarter, the development and construction unit or the unit entrusted by it shall notify the competent district residential authority timely, then the competent district residential authority shall convene the first proprietors' general meeting to elect the members of the proprietors' committee and form the proprietors' committee within 6 months upon the date receiving the notice, the development and construction unit shall assist in the convention of the proprietors' general meeting. In the case of the residential quarter developed in phased construction, upon application of the proprietors who have moved in the residential quarter and hold more than half of the votes held by the proprietors having moved in the residential quarter, the competent district residential authority may convene a temporal proprietors' general meeting and form a temporal proprietors' committee during the period of phased development. The rights and obligations of the temporal proprietors' committee shall be the same as those of the proprietors' committee. 绗節鏉°浣忓畢鍖哄叆浣忕巼杈惧埌鐧惧垎涔嬩簲鍗佷互涓婃垨鑷涓涓笟涓诲叆浼欎箣鏃ヨ捣婊′袱骞寸殑锛屽紑鍙戝缓璁惧崟浣嶆垨鍏跺鎵樼殑鍗曚綅搴斿綋鍙婃椂鍛婄煡鍖轰綇瀹呬富绠¢儴闂紝鍖轰綇瀹呬富绠¢儴闂ㄥ簲鍦ㄦ帴鍒伴氱煡涔嬫棩璧峰叚涓湀鍐呭彫闆嗙涓娆′笟涓诲ぇ浼氾紝閫変妇浜х敓涓氫富濮斿憳浼氾紝寮鍙戝缓璁惧崟浣嶅簲褰撳崗鍔╁彫闆嗕笟涓诲ぇ浼氥傚垎鏈熷紑鍙戠殑浣忓畢鍖猴紝缁忓凡鍏ヤ綇鐨勮繃鍗婃暟鎶曠エ鏉冪殑涓氫富鐢宠锛屽尯浣忓畢涓荤閮ㄩ棬鍙互鍙泦涓存椂涓氫富澶т細锛屽湪鍒嗘湡寮鍙戞湡闂存垚绔嬩复鏃朵笟涓诲鍛樹細銆備复鏃朵笟涓诲鍛樹細鐨勬潈鍒┿佷箟鍔′笌涓氫富濮斿憳浼氱殑鏉冨埄銆佷箟鍔$浉鍚屻
Article 10 A proprietors' general meeting shall be composed of the proprietors of its own residential quarter. A proprietors' general meeting shall only be convened when the proprietors who have moved in the residential quarter and hold more than half of the votes held by the proprietors having moved into the residential quarter are present at the meeting. Proprietors may entrust consignee to be present at the proprietors' general meetings, while the proprietors not up to 18 full years shall be represented by their legal representatives in the general meetings. 绗崄鏉°涓氫富澶т細鐢辨湰浣忓畢鍖虹殑涓氫富缁勬垚銆備笟涓诲ぇ浼氬繀椤荤粡鐢卞凡鍏ヤ綇鐨勮繃鍗婃暟鎶曠エ鏉冪殑涓氫富鍑哄腑鎵嶈兘涓捐銆備笟涓诲彲浠ュ鎵樹唬鐞嗕汉鍑哄腑涓氫富澶т細锛屼笉婊″崄鍏懆宀佺殑涓氫富鐢卞叾娉曞畾浠g悊浜哄嚭甯
Article 11 Proprietors' general meeting shall be convened by the proprietors' committee at least once a year. The proprietors' committee shall be responsible for notifying each proprietor of the date and contents of the proprietors' general meeting prior to 7 days before holding of the meeting. Upon motion of the proprietors holding not less than 10% of total votes held by all proprietors in the residential quarter, the proprietors' committee shall hold the proprietors' general meeting as per the proposed contents within 20 days upon receiving the motion; if a general meeting is not held within the prescribed time limit, the proprietors lodging the motion shall apply to the competent district residential authority, then the competent district residential authority may order the proprietors' committee to convene the proprietors' general meeting immediately or within a time limit. 绗崄涓鏉°涓氫富澶т細鐢变笟涓诲鍛樹細璐熻矗鍙泦锛屽苟姣忓勾鑷冲皯鍙紑涓娆°備笟涓诲鍛樹細搴旇礋璐e湪浼氳鍙紑涓冨ぉ鍓嶅皢涓氫富澶т細鍙紑鏃ユ湡鍜屽唴瀹归佽揪姣忓悕涓氫富銆傜粡鎸佹湁浣忓畢鍖哄叏浣撲笟涓荤櫨鍒嗕箣鍗佷互涓婃姇绁ㄦ潈鐨勪笟涓绘彁璁紝涓氫富濮斿憳浼氬簲鍦ㄦ帴鍒拌椤规彁璁箣鏃ヨ捣浜屽崄鏃ュ唴灏卞叾鎵鎸囩殑鎻愯鍐呭鍙紑涓氫富澶т細锛涢炬湡鏈彫闆嗙殑锛岀敱鎻愯鐨勪笟涓诲悜鍖轰綇瀹呬富绠¢儴闂ㄧ敵璇凤紝鍖轰綇瀹呬富绠¢儴闂ㄥ彲浠ヨ矗浠ゆ垨闄愭湡涓氫富濮斿憳浼氬彫闆嗕笟涓诲ぇ浼氥
Article 12 The resolutions of a proprietors' general meeting shall be adopted only when affirmative votes achieves more than half of total votes cast by the proprietors present in the meeting. The motions of the general meetings may be decided by voting or other means. Every ten square meters of all types of houses and buildings may be entitled to a vote; where the balance is not up to ten square meters, every five square meters or more than five square meters may be entitled to a vote, while not up to five square meters shall be omitted. 绗崄浜屾潯銆涓氫富澶т細鐨勫喅瀹氾紝鐢卞嚭甯細璁殑涓氫富鎵鎶曠エ鏁扮殑杩囧崐鏁伴氳繃銆傚ぇ浼氳〃鍐冲彲浠ラ噰鐢ㄦ姇绁ㄦ柟寮忔垨鑰呭叾浠栨柟寮忥紝鍚勭被鎴垮眿鎸夊缓绛戦潰绉瘡鍗佸钩鏂圭背璁$畻涓轰竴绁紱涓嶈冻鍗佸钩鏂圭背鐨勶紝浜斿钩鏂圭背鍙婁簲骞虫柟绫充互涓婄殑璁$畻涓轰竴绁紝涓嶈冻浜斿钩鏂圭背鐨勪笉璁$エ銆
Article 13 A proprietors' general meeting may exercise the following powers: 绗崄涓夋潯銆涓氫富澶т細琛屼娇涓嬪垪鑱屾潈锛
(1) Electing and recalling the members of the proprietors' committee; 銆銆锛堜竴锛夐変妇銆佺舰鍏嶄笟涓诲鍛樹細鐨勭粍鎴愪汉鍛橈紱
(2) Supervising the work of the proprietors' committee; 銆銆锛堜簩锛夌洃鐫d笟涓诲鍛樹細鐨勫伐浣滐紱
(3) Hearing and reviewing the working report of the proprietors' committee; 銆銆锛堜笁锛夊惉鍙栧拰瀹℃煡涓氫富濮斿憳浼氱殑宸ヤ綔鎶ュ憡锛
(4) Deciding major issues concerning the interests of proprietors of the residential quarter; 銆銆锛堝洓锛夊喅瀹氫綇瀹呭尯鍐呭叧浜庝笟涓诲埄鐩婄殑閲嶅ぇ浜嬮」锛
(5) Revising and updating the proprietors鈥 common pledge; 銆銆锛堜簲锛変慨鏀逛笟涓诲叕绾︼紱
(6) Revising and canceling the improper decisions made by the proprietors' committee; and 銆銆锛堝叚锛夋敼鍙樺拰鎾ら攢涓氫富濮斿憳浼氫笉閫傚綋鐨勫喅瀹氾紱
(7) Approving the constitution of the proprietors' committee. 銆銆锛堜竷锛夋壒鍑嗕笟涓诲鍛樹細绔犵▼銆
Article 14 The members of a proprietors' committee shall be elected from proprietors in the proprietors' general meeting. The director and the vice director of the proprietors' committee shall be elected by the proprietors' committee in the meeting of the proprietors' committee. The proprietors' committees may employ personnel of concerned units as the police station and the residents' committee etc. to serve as the members of the proprietors' committee. In general, a proprietors' committee shall have 11 to 17 members; upon decision of the proprietors' general meeting, the number may be increased and decreased at an adequate extent, however, it shall have a minimum of 5 persons. Members of proprietors' committees shall be enthusiastic about public welfare undertaking, have a strong sense of responsibility and have a certain agency ability and necessary working time. A proprietors' committee shall employ one to two executive secretaries, who shall be responsible for routine affairs of the proprietors' committee. 绗崄鍥涙潯銆涓氫富濮斿憳浼氬鍛樼敱涓氫富澶т細鍦ㄤ笟涓讳腑閫変妇浜х敓銆備笟涓诲鍛樹細涓讳换銆佸壇涓讳换鐢变笟涓诲鍛樹細鍦ㄥ叾濮斿憳涓変妇浜х敓銆備笟涓诲鍛樹細鍙仒璇锋淳鍑烘墍銆佸眳姘戝鍛樹細绛夋湁鍏冲崟浣嶇殑浜哄憳鎷呬换涓氫富濮斿憳浼氬鍛樸備笟涓诲鍛樹細濮斿憳鐨勬暟棰濅竴鑸负鍗佷竴鑷冲崄涓冧汉锛岀粡涓氫富澶т細鍐冲畾鍙互閫傚綋澧炲噺锛屼絾鏈浣庝笉寰楀皯浜庝簲浜恒備笟涓诲鍛樹細濮斿憳搴斿綋鐢辩儹蹇冨叕鐩婁簨涓氥佽矗浠诲績寮恒佹湁涓瀹氱殑缁勭粐鑳藉姏鍜屽繀瑕佸伐浣滄椂闂寸殑浜哄+鎷呬换銆備笟涓诲鍛樹細鑱樿鎵ц绉樹功涓鑷充簩鍚嶏紝璐熻矗澶勭悊涓氫富濮斿憳浼氭棩甯镐簨鍔°
Article 15 A proprietors' committee shall formulate its own constitution. The constitution of a proprietors' committee shall be formulated upon consensus of the members of the proprietors' committee and approval of the proprietors' general meeting. 绗崄浜旀潯銆涓氫富濮斿憳浼氬簲褰撳埗璁㈢珷绋嬨備笟涓诲鍛樹細绔犵▼缁忎笟涓诲鍛樹細濮斿憳涓鑷村悓鎰忓埗璁紝骞剁粡涓氫富澶т細鎵瑰噯銆
Article 16 The relevant status of a proprietors' committee and the name list of its members shall be submitted to the competent district residential authority for record within 15 days upon election and formation of the proprietors' committee. 绗崄鍏潯銆涓氫富濮斿憳浼氬強鍏舵垚鍛樺悕鍗曞簲褰撹嚜閫変妇浜х敓涔嬫棩璧峰崄浜旀棩鍐咃紝鎶ユ墍鍦ㄥ湴鐨勫尯浣忓畢涓荤閮ㄩ棬澶囨銆
Article 17 The term of office of a proprietors' committee shall be 3 years, the members may be re-elected and re-appointed. The position of a member of a proprietors' committee shall be a part-time position, the director of a proprietors' committee may be set as a full-time position. The meetings of the proprietors' committee shall be convened on basis of work need by the director of the proprietors' committee. The director of the proprietors' committee shall serve the notice of meeting and the relevant materials on each member prior to 7 days before holding a meeting. When holding a meeting, the proprietors' committee may invite the personnel of concerned government agencies, the residents' committee, the property management company and representatives of non-proprietor users to attend the meeting. 绗崄涓冩潯銆涓氫富濮斿憳浼氭瘡灞婁换鏈熶笁骞达紝涓氫富濮斿憳浼氬鍛樺彲浠ヨ繛閫夎繛浠汇備笟涓诲鍛樹細濮斿憳涓哄吋鑱岋紝涓氫富濮斿憳浼氫富浠诲彲浠ヤ负涓撹亴銆備笟涓诲鍛樹細浼氳鐢变笟涓诲鍛樹細涓讳换鏍规嵁宸ヤ綔闇瑕佸彫闆嗭紝骞跺簲鍦ㄤ細璁彫寮涓冨ぉ鍓嶅皢浼氳閫氱煡涔﹀強鏈夊叧鏉愭枡閫佽揪姣忎綅濮斿憳銆備笟涓诲鍛樹細鍙紑浼氳鏃讹紝鍙互閭璇锋斂搴滄湁鍏抽儴闂ㄣ佸眳姘戝鍛樹細銆佺墿涓氱鐞嗗叕鍙哥瓑鍗曚綅鐨勪汉鍛樺拰闈炰笟涓讳娇鐢ㄤ汉浠h〃鍙傚姞浼氳銆
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锟斤拷锟斤拷锟斤拷锟剿达拷省锟斤拷锟斤拷锟斤拷郑锟斤拷锟斤拷锟介看全锟斤拷锟斤拷锟轿锟斤拷锟斤拷锟皆锟斤拷锟斤拷锟斤拷锟斤拷锟斤拷锟斤拷亩锟斤拷锟锟斤拷
 
 
 
1,577,998 14,432,559 6,506
3,759 567,978 2,406
5,668 49,362 23,598
2,676 4,305 37,574
10,115 1,918 183,759
10,110 652 73,759
1,016 3,521 24,474
14,601 760 4,528
8,342 5,923
 
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