Several Provisions of Shanghai Pudong New Area on Promoting the Innovation of Residential District Governance

(September 22,2022)

No.130

(Adopted at the 44th Session of the Standing Committee of the 15th Shanghai Municipal People's Congress on September 22, 2022)

Article 1

With a view to promoting innovation in the residential district governance in Pudong New Area, improving their governance capacity and levels, and creating a safe, orderly, beautiful, harmonious and high-quality living environment, these Provisions are formulated in accordance with the basic principles of the relevant laws and administrative rules and in combination with the reality of Pudong New Area.

Article 2

To promote the innovation of residential district governance in Pudong New Area, the important concept of "people's cities are built by the people, and people's cities are for the people" shall be implemented, and the governance system featuring unified leadership of the Party organizations, law-based performance of the government, active coordination among various organizations, extensive participation of the people, and a combination of self-governance, rule by law, rule by virtue, and co-governance shall be improved.

Pudong New Area shall establish and improve the governance models of residential districts under the leadership of grass-roots Party organizations, with the participation of residents committees, owners committees, property service enterprises and the owners.

Article 3

The People's Government of Pudong New Area shall strengthen its leadership over the residential district governance, establish a system for allocating public service resources according to the permanent population, establish and improve a coordination mechanism, promote law enforcement, professional and service forces to sink to the grass-roots level, coordinate the relevant policies on empowerment, burden reduction and capacity increase, and promptly study and decide on major issues in the residential district governance.

The departments of housing management, urban management and law enforcement, planning and resources, construction and transportation, civil affairs, public security, emergency management, health, finance, human resources and social security in Pudong New Area shall perform their functions according to their respective responsibilities, and provide classified guidance and collaborative management for the residential district governance.

Article 4

The sub-district offices and township people's governments of Pudong New Area shall be responsible for the governance and comprehensive law enforcement of residential districts within their respective jurisdictions, strengthen the overall planning of regional resources, and coordinate the relevant departments of the district people's governments and their dispatched offices to jointly do a good job in the relevant service management.

The sub-district offices and township people's governments shall establish and improve the working mechanisms of regular contact with the grass-roots level, visit the community masses regularly, listen to the opinions and suggestions of the masses, and coordinate with each other to solve outstanding contradictions and problems.

Article 5

Pudong New Area shall set up residents committees in a reasonable manner according to such factors as the size of the residents' population, their living conditions, and the allocation of the public service resources. The residents committees shall, with the purpose of serving the residents, organize and carry out residents' self-governance, guide and supervise the work of the owners committees, and assist the relevant departments to do a good job in public service, public management, public safety, etc. according to law.

The People's Government of Pudong New Area, sub-district offices and township people's governments shall provide community workers to the residents committees according to the number of households under their jurisdiction. The number of community workers shall be appropriately increased to the residents committees in the elderly communities, old communities and other communities with special situations. The public welfare posts such as community public management, public health and emergency services developed by the governments shall be given priority to the residents committees.

The residents committees shall strengthen the administration of the residential districts with resident groups or building groups as the basic units. The community workers are responsible for daily inspection and visit, social information and public opinion collection, security risk investigation and other work.

Article 6

The owners (property users) of the residential districts shall abide by the provisions of the State and this Municipality on residential property management, house use safety, house leasing, environmental greening, fire safety, sanitation and epidemic prevention, perform the self-governance conventions and management regulations, and provide cooperation in the community governance and comprehensive law enforcement according to law.

The property service enterprises shall perform their duties in accordance with the provisions of laws and rules and the property service contracts. The sub-district offices and township people's governments shall put forward evaluation opinions on the property service enterprises of the residential districts within their jurisdiction in combination with the property service conditions, and such evaluation opinions  shall be incorporated into the comprehensive evaluation system of this Municipality's property service enterprises.

When the relevant departments of the People's Government of Pudong New Area, sub-district offices, township people's governments, residents committees, property service enterprises and other relevant units implement emergency response measures and other management measures according to law, the owners (property users) shall provide their cooperation according to law.

Article 7

Pudong New Area shall strengthen the construction of residents' self-governance capacity, promote the establishment of discussion and consultation mechanisms led by grass-roots Party organizations, with the participation of residents' representatives, owners committees, property service enterprises and relevant enterprises and institutions in the residential districts, conduct democratic consultations on public affairs such as property management, house use safety, house leasing, environmental greening, fire safety, sanitation and epidemic prevention in the residential districts, and formulate self-governance conventions and management regulations.

The sub-district offices and township people's governments shall support the residents committees to take the resident groups or buildings (groups) as basic units, and guide the residents to orderly carry out neighborhood mutual assistance and self-governance with consultation by online or offline means such as establishing Internet groups. The residents committees shall strengthen communication with the building (group) leaders and the Internet group managers, and provide guidance and services for the building and group residents to carry out self service and self-governance with consultation.

Article 8

The sub-district offices and township people's governments of Pudong New Area shall guide the residents committees to strengthen the construction of the residents' volunteer service teams, recruit all kinds of people who are qualified for volunteer service and enthusiastic about public welfare into the community residents' volunteer teams, and bring them into the unified dispatching and management of the communities. If conditions permit, the residents committees may establish public health or other professional volunteer service teams.

The sub-district offices, township people's governments and the residents committees shall support volunteer service teams to carry out mutual assistance, service-oriented and public welfare volunteer service activities with buildings and groups, areas or residential districts as the basic units, and provide volunteers with the relevant training according to the needs of their volunteer service activities, and provide necessary places and conditions for carrying out the volunteer service activities.

Article 9

Where an owners committee cannot be elected or cannot operate normally, which may cause public security incidents and damage the common interests of the owners, according to the report of the residents committee, the sub-district office or the township people's government where the residential district is located may designate the residents committee of the residential district to temporarily assume the relevant duties of the owners committee within a certain period of time and make an announcement in the residential district.

The sub-district office or the township people's government shall consult with the owners about the plans of the residents committee temporarily performing the duties of the owners committee, and more than two-thirds of the owners shall participate in the consultation, with the consent of more than half of the owners participating in the consultation. If there are other provisions in the residential district management regulations, such provisions shall prevail.

Where temporarily performing the duties of the owners committee, the residents committee shall comply with the working specifications of the owners committee, and the time limit of the residents committee temporarily performing the duties of the owners committee shall not exceed one year generally. During the period of the residents committee temporarily performing the duties of the owners committee, the sub-district office and the township people's government shall promote the establishment or re-election of the owners committee as soon as possible.

Article 10

Pudong New Area shall establish a response mechanism for the residents' demands. The residents committees shall timely understand the actual needs and difficulties of the residents, and respond to and solve the actual problems of the residents under the guidance of the relevant departments of the district people's government, the sub-district offices and the township people's governments.

The sub-district offices and township people's governments shall guide the residents committees to timely investigate the situation of the elderly living alone, children in need, pregnant and lying-in women, patients with serious diseases, disabled people and people in need, dynamically prepare lists of such people and their needs, and carry out targeted care and assistance.

As for the mass demands reflected by the residents committees that need to be coordinated and solved by the relevant departments of the district people's government, the sub-district offices and the township people's governments shall timely send requests to the departments, and the departments that have received the requests shall specify special persons to be responsible for communication and coordination. For the comprehensive matters involving several departments, the district people's government shall establish and improve the group service coordination mechanism to effectively solve the problems.

Article 11

The sub-district offices and township people's governments of Pudong New Area shall plan as a whole and set up joint logistics and linkage stations (points) in the residential districts, improve the joint service linkage mechanisms, and continuously optimize the working processes of finding, responding, handling, and feedback to various emergencies and illegal acts in the residential districts, so as to achieve closed-loop and efficient handling of incidents.

The sub-district offices, township people's governments of Pudong New Area and the relevant departments of the district people's government responsible for the management of residential districts and their dispatched offices shall make full use of the joint logistics and linkage stations (points) of the residential districts to achieve multi-party linkage and joint construction and governance.

Article 12

The departments of emergency management, housing management, health and hygiene in Pudong New Area shall guide the sub-district offices and township people's governments to establish emergency management systems for the residential districts, improve the emergency switching mechanisms, reserve emergency rescue teams, regularly organize professional training and emergency drills every year, reasonably arrange emergency rescue sites and basic living security materials, and improve the emergency response and emergency mobilization capabilities of the residential districts.

The sub-district offices and township people's governments of Pudong New Area shall incorporate the property service enterprises into the emergency response systems, provide materials, funds and other guarantees and support, and guide the property service enterprises to establish the property service responsibility lists in peacetime and emergency conditions and regularly organize property service staff to carry out professional training and emergency drills together with the housing management, construction and transportation, emergency management, fire and rescue, health, greening and city appearance and other departments.

Where it is difficult for a residents committee to hold a residents' meeting and form a resolution in time during the emergency response, it shall listen to the residents' opinions in various ways, consult together and implement temporary management measures. After the emergency is eliminated, a residents' meeting shall be held immediately or the implementation of temporary administrative measures shall be stopped.

Article 13

The People's Government of Pudong New Area shall establish an investment mechanism for the renewal and transformation of old residential districts, formulate step-by-step plans for the renewal and transformation, so as to improve the living conditions and living environment of the old residential districts.

Pudong New Area shall establish a financial support mechanism for the property services in the old residential districts, define the conditions and standards for fund subsidies, and strengthen the security, cleaning and other property services in the old residential districts. It shall support qualified sub-districts and townships to explore the regionalized and integrated property service modes, promote the integration of property service regions, so as to improve the property service levels of the old communities as a whole.

Article 14

Pudong New Area shall, in combination with the urban renewal, regional function upgrading and other work, formulate plans to accelerate the transformation of the urban villages in accordance with the principles of government leadership, planning guidance, respect for public opinion and marketing operation, and make overall plans for the target aims and land supply; it shall step up efforts to regulate and rectify public safety, public health, living environment, illegal buildings, etc. in the urban villages. It shall support the introduction of professional property service management in the urban villages.

Pudong New Area shall strengthen the rectification of illegal acts such as changing the house structure and planned use of the commercial office projects and factory buildings without authorization. The commercial office buildings (hereinafter referred to as "quasi residential buildings") that are actually inhabited by residents during the rectification periods shall be included in the community governance and residents committee self-governance.

The relevant provisions of these Provisions on residential districts shall apply to the relevant management and law enforcement of similar residences and urban villages.

Article 15

The sub-district offices, the township people's governments and the residents committees of Pudong New Area shall establish mechanisms for the investigation of potential safety hazards in the residential districts, and regularly investigate such potential safety hazards as old houses, corridor stacking, falling objects, illegal charging of non motor vehicles, and illegal group-oriented leasing.

The sub-district offices and township people's governments of Pudong New Area shall establish linkage rectification mechanisms for potential safety hazards in the residential districts together with the relevant departments of the district people's government. If any potential safety hazards are found, they shall supervise and urge the rectification in a timely manner. If the concerned parties refuse to rectify or the rectification does not conform to the regulations, they shall start the law enforcement procedures in a timely manner, and if necessary, they shall conduct rectification via joint law enforcement and by other means.

Article 16

The People's Government of Pudong New Area shall, in accordance with the principle of "one detachment in charge of law enforcement", decide to hand over the administrative law enforcement matters that are closely related to the residential districts and can be effectively undertaken by the grass-roots units to the sub-district offices and township people's governments, and organize regular evaluation. The decisions shall be made public.

The comprehensive administrative law enforcement agencies under the sub-district offices and township people's governments shall, in the name of the sub-district offices and township people's governments, specifically undertake the comprehensive law enforcement work of the residential districts within their respective jurisdictions.

Article 17

The property service enterprises shall dissuade and stop the relevant units and individuals in the residential districts who endanger the house safety by illegally setting up buildings, damaging the load-bearing structure, destroying the building facades, illegally changing the original design of the houses, and they shall retain the relevant materials. If the dissuasion or prevention fails, the case shall be reported via the urban grid management platform within 24 hours.

In case of illegal construction of buildings (structures) or violation of the relevant provisions on house decoration, the property service enterprises shall restrict the relevant construction personnel and building materials to enter the residential districts in accordance with the management regulations.

Article 18

The urban management and law enforcement departments, sub-district offices, and township people's governments of Pudong New Area (hereinafter collectively referred to as the comprehensive law enforcement departments), when receiving reports or complaints from the property service enterprises, shall conduct on-site investigation and verification within 24 hours, unless otherwise specified by laws and rules.

When investigating and dealing with the illegal acts in the residential districts, the law enforcement personnel of the comprehensive law enforcement departments may enter the illegal scenes to investigate and collect evidence according to law. The owners (property users) and decoration construction personnel shall provide cooperation. When necessary, the public security organs shall provide assistance according to law.

If the photos, video (audio) information and other relevant materials provided by the residents committees, property service enterprises and other units and individuals are verified to be true, they may be used as evidence materials for the administrative law enforcement cases.

Article 19

The comprehensive law enforcement departments shall order the parties concerned to suspend the construction, and may temporarily withhold the construction tools and materials, against the ongoing acts of illegally setting up buildings (structures), damaging the load-bearing structure of the houses, destroying the building facades, changing the original design of the houses without authorization and other acts that infringe upon the common interests of the owners.

If the parties concerned refuse to stop the construction, the comprehensive law enforcement departments may notify the municipal public service units in writing to temporarily stop the water and electricity supply at the construction sites in accordance with the provisions of the contracts during the construction operation. The temporary suspension of relevant municipal public services shall not affect the residents' lives. After the illegal acts have been effectively stopped, the municipal public service units shall be notified in writing in a timely manner to resume the water and electricity supply at the construction sites.

Article 20

For the administrative law enforcement cases where summary procedures are not applicable, but the illegal facts are clear, the parties concerned voluntarily admit their mistakes and accept penalties, have no objection to the application of the law, and actively provide cooperation for the rectification, the comprehensive law enforcement departments may simplify the process and quickly handle the cases upon the written requests of the parties concerned.

The comprehensive law enforcement departments shall, in accordance with the provisions of the law, serve legal documents by direct service, retention service, mail service and public announcement. For the legal documents related to the illegal buildings (structures) that cannot be delivered by means of direct delivery, the comprehensive law enforcement departments may invite witnesses to the scenes, post relevant legal documents on the bulletin boards of the residential districts and the entrances and exits of the buildings (structures) involved in the cases, and notify the parties concerned of the main contents of the legal documents by telephone, short message service, etc. The legal documents shall be deemed as delivery after 10 days from the dates of posting the notices.

Article 21

Where the comprehensive law enforcement departments make administrative decisions according to law that require the parties concerned to perform their obligations of removing obstacles and restoring the original state, and the parties concerned fail to perform within the time limit and still fail to perform upon demand, and the consequences have already endangered or will endanger traffic safety, public safety, have already caused or will cause environmental pollution or have already damaged or will damage natural resources, the comprehensive law enforcement departments may perform their obligations on behalf of the parties concerned, or entrust a third person without interest to perform their obligations on behalf of the parties concerned.

The comprehensive law enforcement departments may apply to the people's courts for compulsory execution if the cases meet the conditions for applying for compulsory execution after making administrative decisions such as order of corrections according to law. If a people's court decides to grant compulsory execution according to law, it may refer the matter to a comprehensive law enforcement department for organization and implementation, and assign personnel to provide on-site guidance and supervision.

For the illegal construction of buildings (structures), damage to the load-bearing structure of the houses, damage to the building facades, unauthorized change of the original design of the houses, illegal group-oriented leasing and other acts, the comprehensive law enforcement departments may apply to the real estate registration authorities with effective legal documents to record the relevant matters in the real estate registers. If the parties concerned have completed the rectification, the comprehensive law enforcement departments shall issue the certificates to them in a timely manner. Where a party applies for registration of mortgage or transfer, the party concerned shall submit the supporting documents.

Article 22

The People's Government of Pudong New Area and its relevant departments, sub-district offices, and township people's governments shall rely on the "All-in-one network management" platform operated in this Municipality to timely collect and dynamically update the information on the actual population and housing, and realize information sharing on the "community cloud" platforms.

The sub-district offices and township people's governments shall speed up the construction of digital governance application scenarios in the residential districts, strengthen the analysis, research and application of the relevant information data, and improve the service levels and management efficiency.

The comprehensive law enforcement departments may directly share and use the data information that other departments have included in the lists of sharing needs via the big data platforms as required by law enforcement activities. If they are not included in the lists of sharing needs, they may send notices of assistance via the big data platforms, and the relevant departments shall inform them within five working days after receiving the notices of assistance.

Article 23

The People's Government of Pudong New Area, the sub-district offices and the township people's governments shall strengthen the guarantee of personnel, funds, technology, equipment and places required for the residential district governance and comprehensive law enforcement.

It shall support the sub-district offices, township people's governments and the residents (villages) committees to carry out non violation construction creation activities, and incorporate the creation results into the annual performance appraisal of the sub-districts and townships.

The municipal urban management and law enforcement department shall, together with the urban management and law enforcement departments of Pudong New Area, strengthen the guidance and supervision of the sub-district offices and the township people's governments in carrying out the comprehensive law enforcement of the residential districts, and improve the levels of normalization, specialization and professionalism.

Article 24

The villagers committees with residential districts in Pudong New Area shall implement the requirements for the residents committees in accordance with these Provisions.

Article 25

These Provisions shall be effective as of November 1, 2022.