Lanzhou City In Connection With The Property Price Assurance Interim Measures For The Management Of

Original Language Title: 兰州市涉案财产价格鉴证管理暂行办法

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(September 29, 2007 Lanzhou City Government 22nd times Executive Conference considered through October 22, 2007 Lanzhou City Government makes [2007] 4th, announced since December 1, 2007 up purposes) first article for strengthening involved property price mirror card work, specification involved property price mirror card behavior, guarantees judicial, and administrative law enforcement and arbitration activities smooth for, maintenance national interests and citizens, and corporate and the other organization of lawful rights and interests of, according to People's Republic of China price method, and
    Gansu Provincial price regulations and other relevant provisions of laws and regulations, combined with the city's actual, these measures are formulated.
    Second approach applies to the administrative jurisdiction of the city property prices involved forensic work.
    Third forensic property prices involved in these measures refers to municipal and County (area) price price of the competent Department forensic institutions for national judicial, administrative, law enforcement and arbitration institutions (hereinafter "principal organ") entrusted to price the need to determine the price of property in connection with identification, certification and review determination activities.
    Referred to in the preceding paragraph in connection with the property refers to the principal organs in handling criminal, administrative and civil cases as well as others involved in the respective jurisdiction of the various types of tangible property and intangible property.
    Fourth forensic property prices involved should follow legal, principles of fairness, objectivity and impartiality.
    Price certification bodies and forensic examiners shall independently carry out property price verification activities involved.
    No unit or individual shall interfere with price assurance mechanism and its price assurance activities carried out according to law.
    Fifth of municipal and County (district) prices Department is responsible for the administrative jurisdiction in connection with the property price supervision and management of forensic work.
    City, County (district) price price of the competent Department forensic agencies, is involved in property price certification agency, businesses under the supervision and guidance of the superior price certification.
    Laws, administrative rules and regulations on property prices in connection with provisions of forensic work from its provisions.
    Article citizens, legal persons or other organizations of forensic examiners found price property prices in forensic activities in connection with fraud, through acts of misconduct, is entitled to complain to the Department in charge of price reporting,.
    Price Department after receiving the reports, complaints, shall promptly investigate and deal with and process the results will inform complainants reported.
    Seventh article price mirror card institutions for price mirror card of involved property range main including: (a) law seized, and recovered, and confiscated, and seized of property and law should forced implementation of property; (ii) price unknown or price difficult to determine of property; (three) on price has dispute of property; (four) old, and damaged or using had of property; (five) need debt, and auction of bankruptcy enterprise of property; (six) in accordance with legal, and regulations of provides, need determine price or determine loss of other involved property.
    Article eighth property in connection with price assurance cost non-forensic criminal investigations by price in accordance with the national and provincial pricing Department fees charged, the two lines of income and expenditure management; price forensics in criminal cases be guaranteed by financial requirements.
    Article price assurance cost of legal assistance cases in connection with the property, applications should be made by the parties, relief with price certification bodies to verify consent.
    Tenth Strip price assurance mechanism was set up by the Government which specializes in property prices involved forensic work of non-profit institutions.
    Price certification bodies shall not engage in intermediary activities.
    11th property prices involved forensic examiners shall obtain a price assurance certificate and registration by the competent departments before they can practice.
    12th price certification bodies according to the actual property prices involved forensic work, employed with a corresponding assessment of qualifications of forensic professionals involved in property prices.
    Forensic examiners in the 13th price property prices involved in forensic activities shall abide by the professional ethics and practice discipline and technical operating specifications, shall bear the obligation to accept evidence.
    Involved property price mirror card personnel shall not has following behavior: (a) leaked national secret, and commercial secret and personal privacy; (ii) issued false price mirror card conclusion book; (three) through non-competing took way purchase or delegate others purchase by mirror card of involved property; (four) obtained, and received party of property or seek other not due interests; (five) using in price mirror card activities in the made of related information information engaged in price mirror card yiwai of other activities; (six) while in two a above price mirror card institutions practice industry;
    (VII) price assurance services received in connection with the property in his own name, and (VIII) other violations of laws and regulations.
    Article 14th property prices involved forensic practice the avoidance system.
    Involved property price mirror card personnel has following case one of of should active avoided: (a) is case party, and agent or party, and agent near relatives of; (ii) mirror card personnel or its near relatives and case has interest relationship of; (three) mirror card personnel served as had case of witnesses, and defender, and agent of; (four) and case has other relationship, may effect involved property price mirror card objective, and just of.
    15th article involved property price mirror card should according to following program for: (a) price mirror card institutions review delegate organ mirror card requirements and mobilization mirror card by needed material; (ii) accept delegate organ of delegate and specified mirror card personnel; (three) price mirror card institutions on delegate mirror card matters for mirror card; (four) price mirror card institutions to delegate organ issued involved property price mirror card conclusion book.
    16th article needs authentication of prices in connection with the property, delegate authority shall in case of investigation, investigation, trial, verdict (), during and before the auction or sale or debt-equity swaps, commissioning price assurance price assurance.
    Delegate agencies commissioned price forensic agencies when conducting price verification, certified power of attorney shall issue price, and according to the certification body requested to provide relevant information and data.
    17th article price mirror card attorney should including following content: (a) delegate party of name and address; (ii) need for price mirror card of involved property name, and specifications, and model, and type, and number, and source and acquisition, and built, and using of time, and locations,; (three) price mirror card purpose and requirements; (four) price mirror card benchmark date; (five) other need description of situation; (six) delegate organ stamped units seal.
    Received 18th price certification bodies involved in property prices after the Attorney for forensic, prices should be certified power of Attorney audit inspection of content and in connection with the property, the property in connection with the price range of forensic, shall accept entrustment; not subject to property prices involved identification of inadmissible and explain the reasons.
    19th price verification agencies to accept the property prices in connection with authentication delegation, shall designate two or more price forensic examiners concrete contractors.
    Price certification bodies for forensic large amount, commissioned by the forensic case complicated property prices, should be composed of three or more persons, price verification unit for time and price assurance agency collective examination and forensic conclusions.
    20th price certification bodies according to the actual price assurance, and the right to delegate authority to assist in site investigation, check out related accounts, documents, information, and so on, is entitled to the property of the relevant units and individuals involved according to law investigations or forensic documentation of activities related to the extraction and price.
    Relevant units and individuals to price forensic investigations by the Agency, shall cooperate with and provide real and effective information and materials.
    Article 21st prices need to finance the property involved in the verification process audit, inspection or identification, delegate authority should be entrusted with the statutory qualification of institutions or employment of any certificates of qualified professionals auditing, inspection and verification.
    22nd price forensic institutions in terms of price verification process need to be retained in connection with the property, he should be consent of the principal organs and the retained formalities, retained in connection with the property shall be kept properly and promptly returned. 23rd article price mirror card institutions should according to involved property in price mirror card benchmark day of heavy reset price, and new old degree, and quality status, and variable now factors, and technology parameter and expected profit capacity, factors, on involved property for price mirror card: (a) involved property belongs to Government pricing of, according to Government developed of price mirror card; (ii) involved property belongs to Government guided of, to Government provides of benchmark price for based, reference market mirror card; (three) involved property belongs to market regulation price of,
    In accordance with the market price verification.
    Provisions of national valuation standards and methods, from its provisions.
    24th price certification bodies could not be recovered, have been destroyed or morphological change of the property involved, according to delegate authorities evidence, compared with price assurance benchmark similar patterns of price levels for price verification. 25th price forensic institutions should delegate price forensic conclusions within the agreed deadline, to delegate authorities issued in connection with the property price forensic conclusions.
    Property prices involved forensic handling of agreed period must not exceed the statutory deadline.
    Price mirror card conclusion book should including following content: (a) delegate party, and trustee party name; (ii) involved property of name, and number, basic status; (three) price mirror card of according to; (four) price mirror card method and process to said; (five) price mirror card benchmark day, and conclusion and issued date; (six) other need description of situation.
    Price forensic conclusions forensic examiners shall be affixed to price check and price certification seal of the institution and price certification bodies and personnel qualifications and qualification certificate. Article 26th price forensic forensic conclusions issued in connection with the property price book, after confirmation by the principal organs in accordance with the, as found basis of property prices involved.

    27th delegate authority to price price issued by certification organizations challenging the forensic conclusions, supplementary to the original price certification body certification or re-forensic applications, or directly to the top price certification bodies for the review of the ruling on applications.
    Price certification the parties dispute the conclusion of the case, the original delegate authority supplementary attestation, re-assurance or review ruling on applications, the original delegate authority as the case to decide whether to supplement forensic, re-assurance or review decisions.
    Objection or supplementary certification, attestation, review again ruling on applications shall be from the date it receives the price book of forensic conclusions delivered price of certification bodies within the 15th.
    28th article has following case one of of, price mirror card institutions can no longer for again mirror card or review ruled: (a) about delegate organ on the case has in accordance with at of legal, and regulations of provides trial closed of; (ii) case party since received involved property price mirror card conclusion book of day up 15th within not proposed application of; (three) in for involved property price mirror card Hou property out lost or occurred changes, cannot confirmed at property status of.
    Article 29th price certification qualified institutions according to law without authorization in connection with authentication of property prices, issued by the forensic conclusions invalid, by the price departments administrative penalties against illegal acts in accordance with the price regulations will be punished.
    30th price certification authority is not in accordance with responsibilities under the permissions and authentication programs, and in connection with the authentication of property prices, announced by the Department in charge of price prices forensic conclusions invalid, and should be based on this approach, the seriousness of giving a warning, be ordered to refund fees in serious cases, price certification agencies and persons directly responsible administrative action.
    31st price for retention of forensic institutions in connection with the crackers safekeeping obligations resulting in loss of property, shall bear the liability for damages.
    32nd price forensic examiners have to the way one of the 13th article of, given by the price departments warned serious, made by the issuing authority shall revoke a practising certificate constitutes a crime, criminal responsibility shall be investigated according to law.
    33rd article delegate organ and staff violation this approach provides, has following case one of of, by about competent sector or administrative monitored organ on directly is responsible for of competent personnel and other directly responsibility personnel law give administrative sanctions; constitute crime of, law held criminal: (a) obtained, and received rebate or seek other not due interests of; (ii) delegate no statutory qualification of institutions for involved property price mirror card of; (three) deliberately provides false situation, and information or illegal interference price mirror card activities of.
    Article 34th of the services involved verification by reference to these measures.
            35th these measures shall come into force on December 1, 2007.

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