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Hainan Price Certification Regulations

Original Language Title: 海南省价格鉴证管理规定

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Sea South Province price identification management provisions

(Summit No. 52 of the Fifth People's Government of North and South Province, 23 August 2010, to consider the adoption of Decree No. 232 of 29 August 2010 by the People's Government Order No. 232 of 29 August 2010, effective 1 October 2010)

Article 1 protects the legitimate rights and interests of States, citizens, legal persons and other organizations and guarantees the normal conduct of judicial, administrative law enforcement activities, in accordance with the People's Republic of China price law and relevant laws, regulations and regulations, in the light of the actual practice of this province.

Article 2 states that the price determination is the price identification body established by the Government's price authorities at the district level (hereinafter referred to as the price identification body) for the judiciary, the executive branch in the performance of its functions where the price is unknown or the pricely disputed property or services conduct public goods and certified public goods.

The property referred to in this provision includes a variety of tangible assets, intangible assets and property rights.

Article 3

The price identification body is responsible for the price identification evidence in the present administrative region and is required by law to validate, certify and conduct mediation price contradictions and deal with price disputes.

Article IV

The price identification body shall not collect any cost.

Article 5

The non-principation of price identification bodies shall not engage in price identification.

Article 6. The price identification unit is required to entrust the price identification body in the handling of cases or in the handling of administrative services, with the award of the price identification certificate, and plus the stamp of the unit.

The price identification certificate should contain matters such as the name, specifications, quantity, acquisition (construction) time, storage location, price identification purposes and the price identification date.

The price identification unit should provide the price identification body with complete, necessary price identification material and be responsible for the authenticity and legitimacy of the material.

Article 7. Persons engaged in price identification shall be eligible for price identification and registered in accordance with national provisions.

The price recognition body should be performed by more than two price identifiers, and, if necessary, the price identification body could hire qualified professionals to participate in price identification.

Article 8. The price determination should be guided by the principles of legality, science, justice, objectivity and real demand and be calculated in accordance with the following provisions:

(i) The identification of property or services is a government-predictable and is based on government pricing;

(ii) The identification of property or services is a government guidance price based on the Government's benchmarking price for guiding prices, taking into account local real price levels;

(iii) The identification of property or services is a market adjustment price, which is calculated at the average market price level for the time, local consumables or services.

The State provides otherwise for the calculation of price standards and methods of calculation.

Article 9. Special items such as books, mails, jewellers, gold banks and their products, are validated by the principle of quality in accordance with the values of the value of the price by the professional body after technical, quality identification.

Article 10 The price identification body may request the price identification unit to facilitate access to the relevant accounts, documents, etc., according to the price identification warrant, which may require the provision of evidence or assistance to the investigation by the units and individuals involved in the price identification matters.

Article 11. The price-consensing body shall have a price-consensual conclusion within seven working days; another agreement shall be agreed upon.

Article 12. After the completion of the price identification process by the price identification body, the price identification findings were presented to the price identification unit and the Gétachement.

The price identification finding should include the following:

(i) name of the price identification body;

(ii) Terminology, purpose, base day (period) and content;

(iii) The basis, process and methodology for price identification;

(iv) Conclusions and dates for price identification;

(v) The duration of the review application for the price identification findings;

(vi) The signature of the head of the price identification body and the identification of the person;

(vii) Other needs.

Article 13

(i) To reject the fulfilment of the obligation to appear before the Court;

(ii) Disclosure of State secret, commercial secret and personal privacy;

(iii) The conclusion of a non-principated price identification;

(iv) The purchase of the licensed property;

(v) To request, receive the property of the party or obtain other unjustifiable benefits;

(vi) Use information obtained in price identification activities for activities other than price identification;

(vii) Other acts prohibited by law, regulations.

Article 14. One of the following conditions in the price identification certificate shall be avoided by the price identifier; the party or the stakeholder shall also have the right to invoke the price identification certificate by the price identification body:

(i) The price identification person is a close relative to the case party, the defence, the act agent, the witness or the party, the defence, the act agent;

(ii) Whether the price identification officer or its close relatives are in the interest of the case;

(iii) The price-consensor has other circumstances that may affect the objective fairness of price identification.

The evasion of price-confirmed personnel is determined by the head of the price identification body; the evading of the head of the price identification body is determined by the same price sector.

In the price identification process, one of the following cases may be suspended:

(i) The price identification unit cannot provide the material in accordance with the provision or time of agreement;

(ii) The suspension in consultation with the price identification body and the price identification unit;

(iii) Other cases provided for by law, regulations.

The price identification body shall suspend the price identification certificate and shall be given a notice of the suspension.

The conditions set out in paragraph 1 of this article shall be eliminated in accordance with the terms of the price determination. However, the commissioning units require the termination.

Article 16 presents one of the following cases in the price identification process, which may terminate the price identification certificate:

(i) The price identification material provided by the price identification unit is incomplete and incomplete and cannot be supplemented by the required material within the specified period or time frame;

(ii) The price identification unit requires that the price identification be terminated;

(iii) No continuation of the price identification certificate due to force majeure;

(iv) Other cases provided for by law, regulations.

The price identification body shall terminate the price identification certificate and shall give notice of the termination of the price identification certificate and return the related material.

Article 17: The price identification unit has contested the conclusion of the price identification and, within 10 working days from the date of receipt of the price identification finding, may apply for re-identification to the original price identification body or apply for review decisions at the highest level. Reconfirmation and review decisions should be completed within 15 work days.

The conclusions on price identification of provincial price identification bodies and the findings of the review of the provincial price determination body's review of the decision were still contested and, in accordance with the relevant provisions of the State, the price identification body established in the national development reform sector applied for review.

The price identification body should be re-identified, and the price identification certificate should be assigned separately.

In one of the following cases, the review body is inadmissible:

(i) The price identification body established by the national development reform sector has resulted in final review decisions;

(ii) The competent organ has been closed or the matter has been processed and no other legal proceedings have been initiated.

The price determination of the body of the price identification is confirmed by the price identification unit, which can serve as a basis for the processing of cases or related matters.

Article 20 Abuse of authority, misappropriation, negligence, in favour of private fraud by the price identification body and its staff in the event of price identification, is governed by law by the law by the duty-free body or by the inspectorate to the competent and other direct responsibilities directly responsible.

Article 21 does not provide for price identification, affect fair or fair law enforcement, or price identification agencies and their staff do not give price identification conclusions at prescribed time, affect cases or law enforcement, resulting in adverse consequences, and administrative disposition by an exemption authority or inspection authority against the competent and other direct responsibilities directly responsible.

Article 2 addresses specific application of this provision, which is explained by provincial price authorities.

Article 23