Hainan Price Certification Regulations

Original Language Title: 海南省价格鉴证管理规定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201108/20110800346613.shtml

Hainan price certification regulations

    (August 23, 2010, Hainan Province, fifth session Government 52nd times Executive Conference considered through August 29, 2010, Hainan Province, Government makes No. 232, announced since October 1, 2010 up purposes) first article for specification price mirror card behavior, maintenance national, and citizens, and corporate and other organization of lawful rights and interests of, guarantees judicial, and administrative law enforcement activities of normal for, according to People's Republic of China price method and the about legal, and regulations, combined this province actual, developed this provides.

    Article price assurance in these rules refers to the people's Governments above the county level prices prices established by the competent certification authority (hereinafter referred to as price verification agency) to the judicial and administrative authorities in discharging its functions in the price is unknown or disputed the price of all types of property prices or service identification, certification, public behavior.

    Property mentioned in these regulations includes tangible assets, intangible assets and property rights.

    Third Government price departments above the county level are responsible for supervision and administration of price verification activities within their respective administrative areas.

    Price assurance price assurance within the institutions responsible for the Administration, in accordance with the need to determine the price of all types of property or service for the price of identification, authentication, mediation contradiction between price, price disputes and so on.

    Article fourth price assurance funds into local budget management.

    Price certification agency for price verification matters shall not charge any fee.

    Article v, judicial authorities, administrative authorities handling the case and tax-related services such as required price forensic examination of the property or service, price certification bodies for the price should be certified.

    Forensic institutions may not engage in non-price price forensic work.

    Sixth price certification entrusted with handling the case or deal with administrative affairs delegate price price certification bodies certification, certified power of attorney shall issue price, and affix its seal.

    Price certification order shall set forth the price certification standard name, specification, quantity, purchase (construction) of time, location, price assurance forensic reference date and price matters.

    Price certification entrusted to price forensic institutions should provide complete, necessary price forensic material, and take responsibility for the authenticity and validity of the material.

    Article seventh price price forensic forensic personnel should be made eligible and registered in accordance with State regulations.

    Price certification agency for price verification should be hosted by the price of 2 or more forensic examiners when necessary, price verification agency can recruit qualified professionals involved in price certification.

    Article eighth price verification should follow legal, scientific, impartial, objective and pragmatic principles and calculated in accordance with the following provisions:

    (A) the property or by forensic services are priced by the Government, calculated in accordance with Government pricing;

    (B) the property or by forensic services are Government-guided prices, government guidance prices benchmark price on the basis of local actual price levels;

    (C) the property or by forensic services are market-regulated prices, references, local average market price of a similar property or service level.

    Provisions of national valuation standards and methods, from its provisions.

    Nineth heritage, stamps, paintings, jewelry, gold and silver and its products, and other special items, after the first technical, quality accreditation by professional agencies, forensic according to quality consistent principles.

    Article tenth prices according to the price the forensic needs of forensic institutions can request price assurance related to entrusted with assisting access to accounts, documents and other materials, be able to demand a price assurance relating to units and individuals providing evidence or assisting investigations.

    11th price issued by the forensic facility shall, within 7 working days price forensic conclusions; otherwise, their agreement shall prevail.

    12th price certification bodies completed price assurance work, forensic forensic conclusions delegate unit price price book, and affix its seal.

    Price forensic conclusions shall include the following:

    (A) price certification authority name;

    (B) price certification scope, purpose, date (period) and content;

    (C) price certification basis, process and methods;

    (D) the price assurance the conclusion and date of issuance;

    (E) price forensic review of the conclusions of the application period;

    (F) the price of certified signatures of the heads of agencies and certification;

    (VII) other States.

    13th in price assurance price assurance activities prohibits the following acts:

    (A) refuses to perform obligations cross-examination in court;

    (B) disclosure of State secrets, business secrets and personal privacy;

    (C) forensic conclusions issued false prices;

    (D) the authentication of purchase the property involved;

    (E) to ask for or accept property or seek other legitimate interests of the parties;

    (Vi) using price certification activities related information gained in prices other than the forensic activities;

    (VII) other behaviors prohibited by laws and regulations.

    14th price verification one of the following circumstances, price forensic examiners shall voluntarily withdraw the party or interested person also has the right to apply to the price assurance price assurance personnel Dodge:

    (A) price forensic examiners are parties to the case, Defender or agent ad litem, witnesses or the parties, close relatives of the Defender or agent ad litem;

    (B) price forensic examiners or its close relative has an interest to the case;

    (C) price forensic examiners have the possible influence of other price certification objective and fair.

    Forensic forensic examiners shy away from the prices by price agencies decided; price assurance agency avoided by prices at the same level by the heads of the departments.

    15th price forensic institutions in terms of price verification process, any of the following circumstances, may suspend the price certification:

    (A) price certification client not in accordance with the regulations or time to provide relevant materials;

    (B) the price assurance mechanism and price assurance terminating the client consultations;

    (C) other circumstances as stipulated by laws and regulations.

    Price verification agencies to suspend price verification, it shall issue a price certification notice of suspension. After elimination of the first paragraph of this article, and meet the conditions for price verification, shall restore the price certification.

    But except for client requests termination.

    16th price forensic institutions in terms of price verification process, any of the following circumstances, price assurance can be terminated:

    (A) price forensic Commission forensic materials units offer incomplete, inadequate, and in the provisions or related materials cannot be added to meet the requirements within an agreed period;

    (B) the price of forensic authentication of authorized agencies demanded an end to price;

    (C) price certification cannot continue due to force majeure;

    (D) other circumstances as stipulated by laws and regulations.

    Price verification termination price verification, shall issue a notice of price assurance terminating and return related material. 17th price assurance client disagrees with the forensic conclusions on prices, on receipt of the price assurance within 10 working days from the date of conclusion, may apply to the original price assurance mechanism re-assurance, or higher prices apply forensic review of the ruling body to review decisions.

    Re-assurance, review of the ruling shall be completed within 15 working days.

    Price assurance on provincial price forensic institutions conclusions and provincial forensic review price review ruled that disagrees with the conclusion of the ruling body, in accordance with the relevant provisions of the State, to the national development and reform authorities apply the price certification bodies established to review decisions.

    Re-assurance price assurance agency, prices shall be assigned forensic forensic personnel.

    18th under any of the following circumstances, reviewing the ruling body shall not accept:

    (A) price certification established by the national development and reform agency has made a final review decision;

    (B) the principal organs have been completed, or the relevant transaction has been processed, and other proceedings are not started.

    19th price forensic forensic conclusions issued price book price verification client confirmation, can be used as the basis for handling the case or matters relating to.

    20th price assurance price assurance activities of institutions and their staff abuse, fraud, negligence, malpractice, or the supervision authority directly responsible for the appointment and removal of managers and other persons directly responsible shall be given administrative sanctions constitute a crime, criminal responsibility shall be investigated according to law.

    21st not complying with the provisions of the executive authorities to conduct price verification, affect the impartiality of the law or justice, or price certification issued by the institutions and their staff by the time price forensic conclusions, scoop or law enforcement, adverse consequences, or the supervision authority directly responsible for the appointment and removal of managers and other persons directly responsible shall be given administrative sanctions.

    22nd article this specific application problems by price Administrative Department is responsible for the interpretation of the province. 23rd these provisions come into force on October 1, 2010.