(On October 12, 2005 construction makes 142th, announced since on December 1, 2005 up purposes) first chapter General first article to specification real estate valuation institutions behavior, maintenance real estate valuation market order, guarantees real estate valuation activities party lawful rights and interests of, according to People's Republic of China City real estate management method, and People's Republic of China administrative license method and State on does needed retained of administrative approval project set administrative license of decided, legal, and administrative regulations, developed this approach.
    Article People's Republic of China real estate appraisal agencies engaged in qualifications, and engaged in the real estate appraisal activities, to supervise and manage the real estate appraisal institutions governed by this approach.
    Article real estate appraisal institutions mentioned in these measures refers to legally established and obtained qualification of real estate appraisal institutions and intermediary agencies engaged in real estate appraisal activities.
    Real estate appraisal activities in these measures, including land, buildings, structures, construction, real estate-oriented enterprise integrated assets, real estate and other types of real estate assessment of company's assets, as a result of transfers, mortgages, urban housing demolition, forensic, tax, company listing, corporate restructuring, liquidation of enterprises, asset restructuring, disposition of assets, such as real estate appraisal is required.
    Fourth institution engaged in the real estate appraisal real estate appraisal activities should adhere to the principles of independence, objectivity and impartiality, implementation of norms and standards for real estate appraisal. Real estate appraisal agencies engaged in real estate appraisal activities according to law, not subject to administrative areas, specific.
    No organization or individual may unlawfully interfere with real estate appraisal activities and results.
    Article fifth construction administrative departments under the State Council is responsible for supervision and administration of the national real estate appraisal institutions.
    People's Governments of provinces, autonomous regions construction administrative departments and municipalities real estate administrative departments responsible for supervision and administration of real estate appraisal institutions within their respective administrative areas.
    City and County real estate administrative departments responsible for supervision and administration of real estate appraisal institutions within their respective administrative areas.
    Sixth real estate valuation industry organizations should strengthen the real estate appraisal industry self-regulation.
    Real estate appraisal institutions are encouraged to join the real estate appraisal industry organizations.
    Chapter assessment organization approved qualification seventh level of qualification appraisal of real estate agencies are divided into secondary and tertiary.
    Construction administrative departments under the State Council is responsible for the real estate appraisal institutions permit qualification level.
    People's Governments of provinces, autonomous regions construction administrative departments and municipalities administrative departments in charge of real estate III real estate appraisal institutions permit qualification, and accept the guidance and supervision of construction administrative departments under the State Council.
    Eighth real estate appraisal institutions should be funded by natural persons, in the form of limited liability company or a partnership set up. Nineth article the qualification grade real estate valuation institutions of conditions following: (a) level qualification 1. institutions name has real estate valuation or real estate assessment words; 2. engaged in real estate valuation activities continuous 6 years above, and made II level real estate valuation institutions qualification 3 years above; 3. limited responsibility company of registered capital Yuan 2 million Yuan above, partnership enterprise of funded amount Yuan 1.2 million Yuan above; 4. has 15 name above full-time registered real estate valuation Division; 5. In application approved qualification grade of recently 3 years average annual completed valuation standard of real area 500,000 square meters above or land area 250,000 square meters above; 6. statutory representative people or implementation partner is registered Hou engaged in real estate valuation work 3 years above of full-time registered real estate valuation Division; 7. limited responsibility company of shareholders in the has 3 name above, and partnership enterprise of partner in the has 2 name above full-time registered real estate valuation Division, Shareholders or partner in the has half above is registered Hou engaged in real estate valuation work 3 years above of full-time registered real estate valuation Division; 8. limited responsibility company of shares or partnership enterprise of funded amount in the full-time registered real estate valuation Division of shares or funded amount total not below 60%; 9. has fixed of business service places; 10. valuation quality management, and valuation archives management, and financial management, the enterprise internal management system sound; 11. random checks of 1 copies real estate valuation report meet real estate valuation specification
    Requirement of 12. qualification approved by the application within 3 years before the date of the acts prohibited by article 32nd. (B) secondary qualifications 1. institution name or real estate appraisal real estate appraisal, 2. after obtaining a grade qualification of real estate appraisal institutions engaged in the real estate appraisal activities for 4 consecutive years; 3. limited liability company with registered capital of RMB 1 million or more, the partnership contributions of more than 600,000 yuan, 4.8 or more full-time registered real estate appraiser, 5. In application approved qualification grade of recently 3 years average annual completed valuation standard of real area 300,000 square meters above or land area 150,000 square meters above; 6. statutory representative people or implementation partner is registered Hou engaged in real estate valuation work 3 years above of full-time registered real estate valuation Division; 7. limited responsibility company of shareholders in the has 3 name above, and partnership enterprise of partner in the has 2 name above full-time registered real estate valuation Division, Shareholders or partner in the has half above is registered Hou engaged in real estate valuation work 3 years above of full-time registered real estate valuation Division; 8. limited responsibility company of shares or partnership enterprise of funded amount in the full-time registered real estate valuation Division of shares or funded amount total not below 60%; 9. has fixed of business service places; 10. valuation quality management, and valuation archives management, and financial management, the enterprise internal management system sound; 11. random checks of 1 copies real estate valuation report meet real estate valuation specification
    Requirement of 12. qualification approved by the application within 3 years before the date of the acts prohibited by article 32nd. (Three) three level qualification 1. institutions name has real estate valuation or real estate assessment words; 2. limited responsibility company of registered capital Yuan 500,000 yuan above, partnership enterprise of funded amount Yuan 300,000 yuan above; 3. has 3 name above full-time registered real estate valuation Division; 4. in provisional period within completed valuation standard of real area 80,000 square meters above or land area 30,000 square meters above; 5. Statutory representative people or implementation partner is registered Hou engaged in real estate valuation work 3 years above of full-time registered real estate valuation Division; 6. limited responsibility company of shareholders in the has 2 name above, and partnership enterprise of partner in the has 2 name above full-time registered real estate valuation Division, shareholders or partner in the has half above is registered Hou engaged in real estate valuation work 3 years above of full-time registered real estate valuation Division; 7.
    Limited responsibility company of shares or partnership enterprise of funded amount in the full-time registered real estate valuation Division of shares or funded amount total not below 60%; 8. has fixed of business service places; 9. valuation quality management, and valuation archives management, and financial management, the enterprise internal management system sound; 10. random checks of 1 copies real estate valuation report meet real estate valuation specification of requirements; 11. in application approved qualification grade of recently 3 years within no this approach 32nd article ban of behavior.
    Tenth Article application approved real estate valuation institutions qualification grade, should truthfully to qualification license organ submitted following material: (a) real estate valuation institutions qualification grade application table (a type II copies, stamped declared institutions seal); (ii) real estate valuation institutions original qualification certificate original copies, and copy original; (three) license are, and copy copies (stamped declared institutions seal); (four) funded proved copies (stamped declared institutions seal);
    (Five) statutory representative people or implementation partner of served file copies (stamped declared institutions seal); (six) full-time registered real estate valuation Division proved; (seven) fixed business service places of proved; (eight) by business administration sector record of company articles or partnership agreement copies (stamped declared institutions seal) and the about valuation quality management, and valuation archives management, and financial management, enterprise internal management system of file, and declared institutions credit archives information;
    (I) random checks at the approved level of qualification of application within 3 years before the date of filing 1 copy of real estate appraisal report completed by an institution (a duplicate, stamped with the seal of the reporting institutions).
    Applicants submitted application materials should be responsible for the authenticity of the substance.
    11th new applications from intermediary service providers qualified for real estate appraisal institutions, should provide the tenth paragraph (a), (c) between the eighth and materials.
    Newly established intermediary agencies of real estate appraisal institutions level of qualification should be approved for qualification and the 1 year provisional period.
    12th level qualification of real estate appraisal institutions approved by the application shall be made to the provincial and autonomous regional people's Government in charge of construction sector and municipalities apply real estate administrative departments, and submitted to the tenth material under these measures.
    People's Governments of provinces, autonomous regions construction administrative departments and municipalities real estate administrative departments shall from the date of acceptance of the application review is completed within the 20th and preliminary views of all application materials and construction administrative departments under the State Council.
    Construction administrative departments under the State Council shall make a decision within days after accepting the application documents of 20th.
    13th tertiary qualification based real estate appraisal agencies district municipal real estate administrative departments of first instance, specific admission procedure and processing period of construction of the people's Governments of provinces, autonomous regions administrative departments and municipalities shall be determined by the Administrative Department of real estate.
    People's Governments of provinces, autonomous regions construction administrative departments and municipalities real estate administrative departments shall in making licensing decisions within 10th of talents, granting the qualification decision of construction administrative departments under the State Council for the record.
    14th real estate appraisal institutions includes an original and a copy of the certificate of qualification, and construction administrative departments under the State Council printed, copies have the same legal effect.
    Real estate appraisal institutions lost certificate of qualification shall be declared void in the public media after, application for a replacement. 15th real estate appraisal institutions qualification is valid for 3 years.
    Expiry date of the certificate, it needs to continue to engage in activities of real estate appraisal real estate appraisal institutions, shall, on the expiry date of the certificate qualification to a qualification authority renewal application before the 30th. Qualification licensing authority shall, according to the decision on whether to approve the extension of the application.
    Approve the extension, and is valid for 3 years.
    During the term of qualification comply with the appraisal of real estate law, rules, regulations, technical standards and ethics of the real estate appraisal institutions, agreed to by the original qualification authority, no review is valid for 3 years.
    16th real estate appraisal institutions name, legal representative or partner, or the amount of the registered capital, forms of organization, shelter and other matters change, should in the Administrative Department for industry and commerce within 30th of change, to the licensing authority for certificate of qualification procedures.
    17th real estate appraisal institutions merged, the combined surviving or newly established real estate appraisal institutions can inherit the higher qualification levels in the parties prior to the merger, but shall conform to the appropriate level of qualification criteria. Separation of real estate agencies, real estate appraisal institutions only after the Division of the party inherited the original real estate agency qualification, but it should be consistent with the original real estate agency qualification conditions.
    Inherits the original qualification of real estate appraisal institutions determined by the parties; the other parties in accordance with the newly established real estate appraisal institutions qualified applications from intermediary service providers.
    18th real estate appraisal institutions of industrial and commercial registration after cancellation, failure of its certificate. Chapter III set up the 19th level qualification of branch real estate appraisal institutions to set up branches in accordance with the provisions of the present article 20th.
    Tertiary qualification in real estate appraisal institutions may establish branches.
    Branches should be based on the establishment of the branch real estate appraisal valuation reports issued by the Agency on behalf of the, and stamped with the seal of the real estate appraisal institutions. 20th article branch institutions should has following conditions: (a) name used "real estate valuation institutions name + branch institutions location administrative divisions name + branch (points by)" of form; (ii) branch institutions head should is registered Hou engaged in real estate valuation work 3 years above and no bad practice industry records of full-time registered real estate valuation Division; (three) in branch institutions location has 3 name above full-time registered real estate valuation Division; (four) has fixed of business service places; (five) valuation quality management, and valuation archives management
    , Financial management and other management systems.
    The full-time registered real estate appraiser was registered in a branch, set up branches are not included in the number of full-time registered real estate appraiser real estate appraisal institutions.
    21st the newly established branch offices shall receive branch licenses within 30th of, to the location of the branches of industrial and commercial registration of provincial and autonomous regional people's Government in charge of construction real estate administrative departments of departments and municipalities.
    People's Governments of provinces, autonomous regions construction administrative departments and municipalities real estate administrative departments shall, after receiving a record 10th, inform the location of the branches of industrial and commercial registration city and County Administrative Department of real estate, and construction administrative departments under the State Council for the record.
    22nd branch record, shall submit the following materials: (a) copy of business license of the branch, (ii) real estate appraisal agencies qualification certificate copy; (c) the branch real estate appraisal institutions and the establishment of the branch in charge of identification; (d) the wish to practise in the Branch Office of full-time registered copy of certificate of registration of real estate appraisers.
    23rd branches change names, principal, matters such as residence or real estate appraisal institutions withdraw branch, it should be in the Administrative Department for industry and commerce within 30th of the change or cancellation of registration, the original filing record.
    Fourth chapter 24th valuation management engaged in activities in the real estate appraisal, real estate appraisal Agency shall obtain a qualification and appraisal within the scope allowed by their level of qualification.
    Grade a real estate appraisal institutions may engage in all types of real estate appraisal business.
    Two qualified real estate appraisal agencies engaged in public other than real estate appraisal, liquidation of enterprises.
    Three qualified institutions can engage in real estate appraisal in addition to listing, business liquidations, real estate appraisal business other than forensic.
    Provisional period of three qualified appraisal agencies engaged in real estate companies listed, liquidation of enterprises, forensic, urban housing demolition, construction mortgage other than the real estate appraisal business.
    25th real estate appraisal should be centrally by the real estate appraisal institutions authorized to collect fees.
    Real estate appraiser shall not contract valuation business in his own name, branches should be based on the establishment of the branch on behalf of the real estate appraisal institutions contract valuation business.
    26th real estate appraisal institutions and implementation of real estate valuation business valuation officer with the principal or the relative valuation business has an interest in, and should be avoided.
    27th agents real estate appraisal real estate appraisal institutions, shall be signed with the trustee a written valuation the Commission contract.
    Valuation delegate contract should including following content: (a) client of name or name and residence; (ii) valuation institutions of name and residence; (three) valuation object; (four) valuation purpose; (five) valuation points; (six) client of assist obligations; (seven) valuation service fee and paid way; (eight) valuation report delivered of date and way; (nine) default responsibility; (ten) solution dispute of method.
    28th real estate appraisal institutions without the written consent of the client, shall not transfer any valuation business.
    By written consent of the client, real estate appraisal institutions can cooperate with other real estate appraisal institutions complete the appraisal, valuation report issued in cooperation on behalf of the joint.
    29th trustee and the Parties shall assist real estate appraisal institutions carry out field survey truthfully to the real estate appraisal institutions required to provide evaluation information for which they are responsible for the authenticity of the information provided.
    30th real estate appraisal institutions registered real estate appraiser and real estate valuation real estate administrative departments need to query transactions, registration information, real estate administrative departments shall provide query service that involve State secrets, business secrets and personal privacy exception.
    31st real estate appraisal reports should be issued by the real estate appraisal institutions, stamped with the seal of the real estate appraisal institutions, and there are at least 2 full-time certified real estate appraisers signature.
    32nd article real estate valuation institutions shall not has following behavior: (a) altered, and reselling, and rental, and lending or to other form illegal transfer qualification certificate; (ii) beyond qualification grade business range undertake real estate valuation business; (three) to caters to overestimated or underestimated requirements, and give rebate, and malicious down charges, way for not due competition; (four) violation real estate valuation specification and standard; (five) out has false records, and misleading sex statement or major missed of valuation report; (six) unauthorized established branch institutions;
    (VII) without the written consent of the client, unauthorized transfer of any assessment, (VIII) other behaviors prohibited by laws and regulations.
    Article 33rd institution shall properly keep the real estate appraisal real estate appraisal reports and related information. Real estate appraisal reports and information related to the period from the date of valuation reports issued by not less than 10 years.
    Valuation services by the expiry of the retention period has not yet ended, valuation services should be kept until the end.
    Article 34th unless otherwise prescribed by laws and regulations, without the written consent of the client, real estate appraisal Agency shall not provide valuations informed the parties in the course of trade secrets and business information.
    35th real estate appraisal institutions should strengthen the practitioner's professional ethics education and professional training, real estate appraiser for the institutions providing the necessary conditions to participate in continuing education.
    36th real estate administrative departments of the people's Governments above the county level shall, in accordance with the relevant laws and regulations and these regulations, creation, valuation of real estate appraisal institutions and branch operations and implementation of norms and standards for the valuation of the real estate of conducting supervision and inspection. 37th article County above Government real estate administrative competent sector perform supervision check duties Shi, right to take following measures: (a) requirements was check units provides real estate valuation institutions qualification certificate, and real estate valuation Division registered certificate, about real estate valuation business of document, about valuation quality management, and valuation archives management, and financial management, enterprise internal management system of file; (ii) into was check units for check, check out real estate valuation report and valuation delegate contract, and
    Valuation survey records the relevant information in the field, and (iii) correct violations of the relevant laws and regulations and these rules and norms and standards for the valuation of real estate.
    Real estate administrative departments of the people's Governments above the county level shall supervise and inspect the results announced to the public.
    38th real estate administrative departments of the people's Governments above the county level shall conduct supervision and inspection, and there should be more supervision and inspection personnel, and to produce their documents will not affect the normal operation of the unit under inspection activities shall not solicit or accept a property and gain other benefits.
    Units and individuals shall assist and cooperate with law the supervision and inspection, and shall not refuse or obstruct.
    39th illegal real estate appraisal agencies engaged in real estate appraisal activities, violations of local real estate administrative departments of the people's Government at or above the county level should be investigated according to law, and illegal facts and findings and recommendations report the appraisal institution qualification licensing authorities in a timely manner. 40th under any of the following circumstances, the qualification or its parent bodies, according to the request of the interested party or ex officio, may revoke the qualification of real estate appraisal institutions: (a) the qualification authority who abuses his power, dereliction of duty to grant real estate appraisal institutions permit qualification;
    (B) beyond the statutory authority to approve the qualification license of real estate appraisal institutions; (c) violation of legal procedures to grant qualification of real estate appraisal institutions; (d) an applicant who does not meet the licensing requirements to grant qualification of real estate appraisal institutions; (v) other circumstances may revoke the qualification of real estate appraisal institutions according to law.
    Real estate appraisal institutions by fraud, bribery or other improper means to obtain qualification of real estate appraisal institutions, should be rescinded.
    The 41st after obtaining the qualification of real estate appraisal institutions real estate appraisal institutions, is no longer in line with appropriate qualifications, qualification bodies according to the request of the interested party or ex officio, may be ordered to rectify; fails to change, may withdraw his qualification.
    42nd article has following case one of of, qualification license organ should law cancellation real estate valuation institutions qualification: (a) real estate valuation institutions qualification validity expires not continued of; (ii) real estate valuation institutions law terminated of; (three) real estate valuation institutions qualification was revoked, and withdrawn, or real estate valuation qualification certificate law was revoked of; (four) legal, and regulations provides of should cancellation real estate valuation institutions qualification of other case.
    Article 43rd qualification bodies or trade organizations shall establish a real estate appraisal real estate appraisal agency credit file.
    Real estate appraisal Agency shall request is true, accurate and complete appraisal of real estate credit file information. Real estate appraisal institutions credit file should include real estate appraisal institutions of basic information, performance, good behavior and bad behavior, and so on.
    Violations, complaints processing, administrative punishment should serve as a real estate appraisal institutions record credited to their credit file.
    The bad behavior of the real estate appraisal institutions should serve as the Agency's legal representative the partner's bad behavior, or credited to their credit file.
    Any unit and individual have the right to access to credit records.
    Fifth chapter legal liability article 44th applicants to hide relevant information or provides false information to apply for qualification of real estate appraisal institutions, qualification authority not to accept or not the administrative licensing, and give a warning, the applicant may not apply again for a real estate appraisal institutions in 1 year qualification.
    45th by fraud, bribery or other improper means to obtain real estate appraisal institutions qualified from the qualification agencies shall give a warning, and a fine of less than 10,000 yuan and 30,000 yuan, qualification of applicants not apply again for a real estate appraisal institutions in 3 years.
    46th article without obtaining the qualification of real estate appraisal institutions engaged in the real estate appraisal activities or beyond the level of qualification contract valuation business, valuation reports issued by valid, real estate administrative departments of the people's Governments above the county level shall give it a warning, rectification, and to a fine of up to 10,000 yuan and 30,000 yuan; losses occur, shall bear the liability for damages.
    47th article violates this way to the 16th article, real estate appraisal institutions do not go through the formalities for change of qualification certificate, shall be ordered by the qualification deadline management; fails to go through, to a fine of up to 10,000 yuan.
    48th article has following behavior one of of, by County above Government real estate administrative competent sector give warning, ordered deadline corrected, and can at 10,000 yuan above 20,000 yuan following of fine: (a) violation this approach 19th article first paragraph provides established branch institutions of; (ii) violation this approach 20th article provides established branch institutions of; (three) violation this approach 21st article first paragraph provides, new established of branch institutions not record of. 49th article has following behavior one of of, by County above Government real estate administrative competent sector give warning, ordered deadline corrected; late not corrected of, can at 5,000 yuan above 20,000 yuan following of fine; to party caused loss of, law bear compensation responsibility: (a) violation this approach 25th article provides contract business of; (ii) violation this approach 28th article first paragraph provides, unauthorized transfer trustee of valuation business of; (three) violation this approach 19th article second paragraph, and 28th article second paragraph, and
    Article 31st issue of valuation reports.
    50th disobey article 26th, real estate appraisal institutions and valuers shall withdraw not avoided, real estate administrative departments of the people's Governments above the county level shall give it a warning, rectification, and to a fine of up to 10,000 yuan; losses caused to a party shall bear liability.
    51st in violation of the provisions article 30th, administrative authorities refused a request for registration of real estate transactions, real estate information services, by its superior real estate administrative departments shall be ordered to correct.
    52nd real estate agencies if the 32nd one of these measures, real estate administrative departments of the people's Governments above the county level shall give it a warning, rectification, and to a fine of up to 10,000 yuan and 30,000 yuan; losses caused to a party shall bear liability constitutes a crime, criminal responsibility shall be investigated according to law.
    53rd disobey article 34th, real estate appraisal institutions without authorization providing valuation informed the parties in the course of trade secrets and business data, damage caused to a party shall bear liability constitutes a crime, criminal responsibility shall be investigated according to law.
    54th qualification authority any of the following circumstances, by the superior administrative departments or the supervision agency ordered corrective action and directly responsible in charge and other direct liable persons shall be given disciplinary actions constitute a crime, criminal responsibility shall be investigated according to law: (a) an applicant who does not meet the statutory requirements to grant real estate appraisal institutions permit qualification or beyond the authority granted the qualification of real estate valuation agency licensing decisions;
    (B) an applicant who meets the statutory requirements are not real estate appraisal institutions permit qualification or real estate appraisal institutions is not made within the statutory time limit granted the qualification decision; (c) the use of the convenience of duty, accepting other people's property, or other interests, (iv) failure to perform a duty of supervision and management or that the violation is not investigated. The sixth chapter supplementary provisions 55th article of the measures shall take effect on December 1, 2005.
    On January 9, 1997, issued by the Ministry of construction on real estate price assessment of their qualification management regulations (building [1997]12) repealed simultaneously.
                                                                                                      These measures prior to the implementation of regulations issued by the Ministry of construction of the provisions inconsistent with the provisions herein, is subject to this approach.