Ministry of Construction and State Administration for Industry and Commerce on Printing and Distributing the Demonstration of Property Management Entrustment Contract

Construction Bureaus of all provinces, autonomous regions and municipalities directly under the Central Government, Administration for Industry and Commerce, and Housing and Lands Bureau of Municipalities directly under the Central Government:

With the continuous development of China's property management business, the signing of the property management entrustment contract has played an increasingly important role in the implementation of property management. In order to implement the "People's Republic of China Economic Contract Law", "People's Republic of China Urban Real Estate Management Law", "Management Measures for Urban New Residential Quarters", regulate the entrusted management behavior, protect the legitimate rights and interests of the parties to the contract, and make the property management entrustment contract more A comprehensive and accurate reflection of the content of the whole process of property management can more fully express the wishes of both parties. The "Model Text of the Delegate of Property Management Contract" jointly formulated by the Ministry of Construction and the State Administration for Industry and Commerce is hereby printed and distributed to you, and is notified as follows:

First, fully understand the importance of implementing the Model Text. The "Model Text" is formulated in accordance with the relevant laws, regulations and policies of China's economic contract and urban real estate management. Its content reflects the relationship between the parties' responsibilities, rights and interests in the process of property management entrustment activities. It reflects the characteristics of property management entrusted management. The implementation and implementation of the "Model Text" is conducive to the parties to understand and master the relevant laws and regulations, to avoid the unfairness and inaccuracy of the contractual lack of funds and the party's meaning, and to appear unfair and illegal; The legal rights and interests; it is conducive to strengthening the supervision and inspection of property management behavior; it is conducive to reducing property management entrustment contract disputes and promoting the settlement of contract disputes. All localities should actively promote the "Model Text" as an important task in cultivating the property management market and regulating market behavior.

Second, strengthen publicity and actively promote the "Model Text." It is necessary for the parties to understand and master the relevant legal knowledge in the process of property management entrustment, understand and master the basic principles and requirements for signing the property management entrustment contract, and consciously use the Model Text. It is necessary to strengthen coordination and cooperation, do a good job in the printing, distribution, and management of the Model Text, and in conjunction with the use of the Model Text to check and standardize the property management entrustment contract to protect the legitimate rights and interests of the parties.

3. The "Demonstration Text" applies to both the property management entrustment contract signed between the owners' committee and the property management enterprise, and also applies to the real estate development enterprise and the property management enterprise to sign the property management entrustment contract. Article 19A of the Model Text is only applicable when the contract between the owners' committee and the property management enterprise is signed, and B is only applicable when the contract between the development enterprise and the property management enterprise is signed. When signing the property management entrustment contract, the parties may choose the relevant clauses according to the actual situation.

4. The terms of this contract shall be interpreted by the Ministry of Construction of the People's Republic of China and the State Administration for Industry and Commerce.

Sub-file: Demonstration text of property management commission contract

Chapter I General

Article 1 Parties to this contract

Principal: _____

Trustee:_____

In accordance with relevant laws and regulations, on the basis of voluntariness, equality and consensus, Party A shall entrust _____ to Party B to implement property management and enter into this contract.

Article 2 Basic Conditions of the Property

types of properties:______

Location: ____ City ____ District ______ Road ___

Four to: East _____ South _____

northwest_____

Floor area: ____ square meters

Building area: ____ square meters

For details of the property composition of the entrusted management, see Attachment File 1.

Article 3 The beneficiaries of the services provided by Party B shall be the owners and property users of the property. All owners and property users of the property shall bear corresponding responsibilities for the performance of this contract.

Chapter II Entrusted Management Matters

Article 4 Maintenance, maintenance and management of common parts of building construction, including: floor, roof, exterior wall, load-bearing structure, stairwell, corridor passage, foyer, ____.

Article 5 Maintenance, maintenance, operation and management of shared facilities and equipment, including: shared water and sewage passages, downpipes, garbage lanes, chimneys, shared lighting, antennas, central air conditioners, heating mains, heating boiler rooms, high-pressure water pump rooms, Fire facilities and elevators in the building, elevator, ____.

Article 6 Maintenance, maintenance and management of municipal public facilities and ancillary buildings and structures, including roads, outdoor water and sewage passages, septic tanks, ditches, pools, wells, bicycle sheds, parking lots, ____.

Article 7 Maintenance and management of public green space, flowers and trees, architectural sketches, etc.

Article 8 The maintenance, maintenance and management of ancillary supporting buildings and facilities, including commercial outlets, cultural and sports entertainment venues, _____.

Article 9 Public environmental sanitation, including the cleaning and sanitation of public places and shared parts of houses, the collection and removal of garbage, _____.

Article 10 Management of traffic and vehicle parking order.

Article 11 Maintain public order, including security monitoring, inspections, on-the-job duty, ____.

Article 12 Management of project drawings, resident user files and completion acceptance data related to the property.

Article 13 Organize community cultural and recreational activities.

Article 14 Responsible for charging the owner and the property owner the following fees:

1. Property management service fee;

2.____________________;

3.____________________;

Article 15 The owner and the user of the property use the repair and maintenance of the self-use parts, self-use facilities and equipment. When the parties submit the entrustment, Party B shall accept the entrustment and reasonable charges.

Article 16 For owners and property users who violate the owners' conventions, take measures such as criticism, persuasion, warning, suppression, and ____ according to specific behaviors and according to the seriousness of the circumstances.

Article 17 Other Entrusted Matters

1.____________________;

2.____________________;

3.____________________.

Chapter III Entrusted Management Term

Article 18 The term of entrusted management shall be ____ years. From _______月___ day to ________月___日___.

Chapter IV Rights and Obligations of Both Parties

Article 19

A Party A's rights and obligations

1. Representing and safeguarding the legitimate rights and interests of property owners and users;

2. Develop owners' conventions and supervise owners and property owners to comply with the Convention;

3. Examine the property management system formulated by Party B;

4. Examine and supervise the implementation of Party B's management work and the implementation of the system;

5. Examine the annual plan, financial budget and final accounts of the property management services proposed by Party B;

6. To provide Party B with commercial building space of ___square meter of building area within __ days from the effective date of the contract, Party B shall rent it at ___ yuan per square meter per month, and its rental income shall be used for ____;

7. To provide Party B with ___square meter of building area management space within __ days from the effective date of the contract, Party B shall perform the following __ items:

Free use;

It is rented by ___ yuan per square meter per month, and its rental income is used for ____.

8. Responsible for collecting and sorting all the drawings, files and materials required for property management, and handing over to Party B within __ days from the effective date of the contract;

9. When the owner and the property user fail to pay the property management fee as required, they are responsible for reminding or otherwise paying;

10. Coordinate and handle the remaining management issues that occurred prior to the entry into force of this contract:

____________________;

____________________.

11. Assist Party B in property management, publicity, education and cultural activities;

12.____________________.

B Party A's rights and obligations

1. Before the establishment of the owners' committee, it is responsible for formulating the owners' convention and making it a subsidiary file of the house rental contract, requiring owners and property users to comply.

2. Examine the property management system formulated by Party B;

3. Examine and supervise the implementation of Party B's management work and the implementation of the system;

4. Examine the annual plan, financial budget and final accounts of the property management services proposed by Party B;

5. The houses, facilities and equipment entrusted to Party B shall meet the requirements of the national acceptance criteria.

If there is a quality problem, proceed as follows:

Responsible for repairs;

Entrust Party B to return to repair and pay the full fee;

_____.

6. To provide Party B with commercial building space of ___square meter of building area within __ days from the effective date of the contract, Party B shall rent it at ___ yuan per square meter per month, and its rental income shall be used for ____;

7. To provide Party B with ___square meter of building area management space within __ days from the effective date of the contract, Party B shall perform the following __ items:

Free use;

It is rented by ___ yuan per square meter per month, and its rental income is used for ____.

8. Responsible for collecting and sorting all the drawings, files and materials required for property management, and handing over to Party B within __ days from the effective date of the contract;

9. When the owner and the property user fail to pay the property management fee as required, they are responsible for reminding or otherwise paying;

10. Coordinate and handle the remaining management issues that occurred prior to the entry into force of this contract:

____________________;

____________________.

11. Assist Party B in property management, publicity, education and cultural activities;

12.____________________.

Article 20 Party B's rights and obligations

1. Formulate a property management system in accordance with relevant laws and regulations and the agreement of this contract;

2. The owners and property users are required to report violations of laws and regulations to the relevant departments;

3. According to the provisions of Article 16 of this contract, the owners and property users shall be treated in violation of the owners' convention;

4. You may appoint a franchise company to undertake the special management business of the property, but may not transfer the management responsibility of the property to a third party;

5. Responsible for the preparation of annual maintenance and maintenance plans and large and medium-sized repair programs for houses, ancillary buildings, structures, facilities, equipment, greening, etc., which shall be organized and implemented by Party B after mutual agreement;

6. Inform the owner and the property owner of the relevant provisions on the use of the property. When the owner and the property owner decorate the property, inform the relevant restrictions, subscribe to the written agreement, and be responsible for supervision;

7. Responsible for the preparation of the annual management plan for property management, fund use plan and final report;

8. Publish a management fee income and expenditure account to all owners and property users every __ months;

9. The public facilities of the property shall not be occupied or changed without authorization. If it is necessary to renovate, expand or improve the supporting projects within the property, it must be approved by Party A and submitted to the relevant department for approval before Party A can approve the implementation;

10. At the termination of this contract, Party B must transfer all the archives of all commercial commercial buildings, management houses and property management to Party A;

11.____________________.

Chapter V Quality of Property Management Services

Article 21 Party B shall achieve the goal management in accordance with the following agreements.

1. House panel: _________________________

2. Equipment operation: _________________________

3. Maintenance and maintenance of houses, facilities and equipment: __________________

4. Public environment: _________________________

5. Greening: ___________________________

6. Traffic order: _________________________

7. Security: ___________________________

8. Urgent repair: ___________________________

Minor repair: _____________________________

9. The satisfaction rate of the owner and the property user to Party B is: ____________

The specific property management service quality requirements can be found in Attached File II.

Chapter VI Property Management Service Fees

Article 22 Property Management Service Fees

1. The management service fee of the property, the residential house shall be collected by the Party B according to the construction area per square meter per square meter per month to the owner or the property user; the non-residential house shall be paid by the Party B to the owner or the property per square meter per month. The user is charged.

2. The adjustment of the management service fee standard shall be adjusted according to ____.

3. The management service fee for vacant houses shall be charged by Party B to ____ per square meter per square meter per month.

4. If the owner and the property owner fail to pay the property management fee, they shall be dealt with as follows:

Paying a late fee of __ yuan per day from the date of overdue;

From the date of overdue, the late payment fee shall be paid according to the ___ of the management fee payable per day;

__________.

Article 23 The parking space usage fee shall be charged by Party B to the parking space user according to the following criteria:

1. Open air parking space: ____________________________

2. Garage: ___________________________

3.______________________________

Article 24 Party B shall pay for the maintenance, maintenance and other special services of the owner's and the property owner's self-use parts, self-use equipment, and adjacent parts, and the fees shall be paid by the parties according to the actual expenses incurred.

Article 25 The service items and charging standards provided by other owners to the owners and property users are as follows:

1. The operating fee for elevators in high-rise buildings is settled on a case-by-case basis, and is collected by the owner or the owner of the property;

2.______________________________

3.______________________________

Article 26 Maintenance and maintenance costs of shared parts, shared facilities, equipment, public places of houses:

1. The minor repair and maintenance costs of the shared parts of the house shall be borne by ____; the expenses for large and medium-sized repairs shall be borne by ____; and the renewal fees shall be borne by ____.

2. The repair and maintenance costs of the shared facilities and equipment of the house shall be borne by ____; the expenses for large and medium-sized repairs shall be borne by ____; and the expenses shall be borne by ____.

3. The cost of minor repairs and maintenance of municipal public facilities and ancillary buildings and structures shall be borne by ____; the expenses for large and medium-sized repairs shall be borne by ____; and the expenses shall be borne by ____.

4. The maintenance cost of public green space shall be borne by ____; the cost of renovation and renewal shall be borne by ____.

5. The minor repair and maintenance costs of the ancillary buildings and facilities shall be borne by ____; the expenses for large and medium-sized repairs shall be borne by ____; and the renewal fees shall be borne by ____.

Chapter VII Liability for breach of contract

Article 27 Party A violates the provisions of Article 19 of the contract, so that Party B has not fulfilled the prescribed management objectives, Party B has the right to request Party A to resolve within a certain period of time. If the overdue period is not resolved, Party B has the right to terminate the contract; If the loss is lost, Party A shall give Party B financial compensation.

Article 28 If Party B violates the agreement in Chapter V of this contract and fails to meet the agreed management objectives, Party A has the right to request Party B to rectify within a time limit. If it fails to rectify within the time limit, Party A has the right to terminate the contract; Party B shall give Party A financial compensation.

Article 29 If Party B violates the provisions of Chapter 6 of this contract and raises the charging standard without authorization, Party A shall have the right to request Party B to retreat; Party B shall give Party A financial compensation for the economic loss caused by Party A.

Article 30 If either Party A or Party B terminates the contract in advance without justified reasons, it shall pay the other party a penalty of ____ yuan; if the economic loss caused to the other party exceeds the liquidated damages, compensation shall also be paid.

Chapter VIII Supplementary Provisions

Article 31 Within __ days from the effective date of this contract, according to the management matters entrusted by Party A, the procedures for handover acceptance shall be completed.

Article 32 After the expiration of the contract, Party B shall complete the contract and have excellent management results. Most owners and property users report good and can renew the contract.

Article 33 The parties may supplement the terms of this contract by signing a supplementary agreement in writing, and the supplementary agreement shall have the same effect as this contract.

Article 34 The subsidiary files of this contract are valid components of the contract. In this contract and its accompanying files, the text in the space section is equivalent to the printed text.

Matters not covered by this contract and its subsidiary files and supplementary agreements are implemented in accordance with the relevant laws, regulations and rules of the People's Republic of China.

Article 35 The original of this contract together with the subsidiary files shall be __pages in triplicate. Each Party A and Party B and the property management administrative department shall hold one copy and have the same legal effect.

Article 36 If, due to reasons such as the quality of building construction, the quality of equipment and installation or the installation technology, the function is not achieved and a major accident is caused, Party A shall assume responsibility and handle it afterwards. The direct cause of a quality accident shall be subject to the appraisal of the competent government department.

Article 37 During the execution of this contract, in case of force majeure, the contract shall not be fulfilled, the two parties shall promptly negotiate and deal with it according to the relevant laws.

Article 38 If there is a dispute in the performance of this contract, the two parties shall resolve or report to the property management administrative department for mediation. If the negotiation or mediation fails, the parties agree to be arbitrated by the ____ Arbitration Commission.

Article 39 When the contract expires, the contract is naturally terminated. If the parties renew the contract, they shall submit a written opinion to the other party before the expiration of the contract.

Article 40 This contract shall come into force on the date of signature.

Party A signature: _____ Party B signature: _____

Representative: _____ Representative: _____

year month day

Subsidiary files: 1. Property breakdown

Second, property management quality objectives