Key Benefits:
(Adopted at the 22th ordinary meeting of the People's Government of the Länder on 29 September 2007 [2007] No. 4 of 22 October 2007 by the Order of the People's Government of the Rakhine State of 22 October 2007] Article I, in order to strengthen the identification of property prices in question, regulates the identification of property prices involved, ensures the smooth conduct of judicial, administrative enforcement and arbitration activities, preserves the legitimate rights and interests of national interests and citizens, legal persons and other organizations, and develops this approach in conjunction with the provisions of relevant laws, regulations, such as the People's Republic of China price law, the Gang Province price management regulations. Article 2, this approach applies to the identification of property prices within the jurisdiction of the city. Article III refers to the determination of property prices referred to in this approach to the commission of price recognition, certification and review of property requiring the determination of the price of the property involved. The property referred to in the preceding paragraph refers to the types of tangible property and intangible property covered by the competent organ in the course of criminal, administrative, civil cases and other jurisdictions. Article IV concerning the identification of property prices should be guided by the principles of legality, equity, objectivity and impartiality. The price identification body and the identification of the person shall be independent of the law in relation to the identification of property prices. Any unit or person shall not interfere with price identification activities carried out by the price identification body and its personnel under the law. Article 5 The price identification body owned by the municipal, district (zone) price authorities is the specialized agency involved in the identification of property prices and is operationally subject to the supervision and guidance of the parent price identification body. The law, administrative regulations provide otherwise for the identification of property prices involved. Article 6. Civil, legal or other organizations have found that price identification agents have the right to report, file complaints to price authorities in cases of asset price identification activities. The price authorities should investigate the matter in a timely manner and inform the complainant of the results. Article 7. The scope of the property involved in price identification by the price identification body consists primarily of: (i) The seizure, seizure, confiscation, seizure and seizure of property and the property to be enforced by law; (ii) The price is unknown or the price is difficult to determine the property; (iii) Disputed property on prices; (iv) Is obsolete, maimed or used property; (v) The property of an insolvency enterprise requiring debt relief and auctions; (vi) In accordance with the provisions of the law, regulations, it is necessary to determine the price or to determine the other property involved in the loss. Article 8 deals with the cost of identification of property prices, and non-criminal cases are charged by price identification bodies in accordance with fees established by national and provincial price authorities and are governed by income and expenditure lines; and requirements for price identification in criminal cases are guaranteed by the same level of finance. Article 9. The cost of identification of property in the case of judicial assistance shall be subject to the application of the party, which shall be compensated by the price identification body after verification of consent. Article 10. The price identification body is a non-profit business unit established by the Government dedicated to the identification of property prices. The price identification body shall not engage in brokering activities. Article 11. The identification of the property price in question shall be subject to a price determination certificate in accordance with the law and subject to registration by the price authorities. Article 12. The price identification body may engage professionals with a corresponding assessment of qualifications in the identification of property prices based on the specific work of the identification of the property price involved. Article 13. The price-consensor shall comply with professional ethics, discipline and technical operation norms in the identification of property in question, and shall assume the obligation under the law to accept the evidence. The following shall not be the subject of the identification of property: (i) Disclosure of State secret, commercial secret and personal privacy; (ii) A statement of conclusions on false price identification; (iii) To purchase or entrust others with buying licensed property through non-competitive photographs; (iv) To request, receive the property of the party or obtain other unjustifiable benefits; (v) Use information obtained in price identification activities for other activities other than price identification; (vi) Work at the same time in two price identification bodies; (vii) To accept the identification of property prices in person; (viii) Other offences under the law, regulations. Article 14. One of the following cases should be avoided: (i) The case party, the agent or the party, the agent's close relatives; (ii) Identification of persons or their close relatives are in the interest of the case; (iii) The identification of the witness, defence and legal representative of the case; (iv) Other relations with the case may affect the objective and impartiality of the identification of property prices involved. Article 15. The identification of property prices involved shall be conducted in accordance with the following procedures: (i) The price identification body reviews the identification requirements and mobilizes the material required for identification; (ii) To accept the commission of the commissioning body and designate the identification officer; (iii) The identification of the issue of the commissioning of identification by the price identification body; (iv) The price-confirmation body has sent the notice of the findings of the identification of property prices involved to the commissioning body. Article 16, concerning property requiring price identification, entrusts the organ with carrying out the price identification certificate in the case of investigation, investigation, trial, judgement (determined), execution and prior to the auction, sale or debt. In entrusting the body to entrust the price identification body with carrying out the price identification certificate, the price identification certificate should be given and the relevant information and information should be provided in accordance with the identification body's request. Article 17 (i) The name and address of the author; (ii) The name, specifications, type, quantity, source and acquisition, construction, use, location, etc., of the property involved in the price identification; (iii) The purpose and requirements for price identification; (iv) Benchmark date for price identification; (v) Other needs clarifications; (vi) Authorizes the organ to add a chapter of the unit. The price identification body should, after having received the notice of the identification of the property price in question, verify the content of the price identification and the property in question, accept the scope of the identification of the property in question; and justify the grounds for the identification of the property that is not the subject matter. Article 19, after the price identification body is entrusted with the identification of the property price in question, it should designate more than two price-confirmed personnel to perform specific duties. The price identification body commissioned a larger, complex case-related asset price identification certificate and should consist of more than three price identification teams, and be determined by the price identification body after collective clearance. In practice under price identification, the price identification body is entitled to require the authority to assist in the conduct of on-site surveys, access to the relevant accounts, documents, information, etc., to investigate the property in question or to extract the material related to price identification activities in accordance with the law. The relevant units and individuals should be synergistic to provide real, effective and material. Article 21 requires financial review, quality test or technical recognition of the property involved in the process of price identification, and entrusts the organ with the task of entrusting the institution with a statutory qualifications or hiring specialized technical personnel with the corresponding qualifications. Article 22 requires that the price identification body retain the property in question during the price identification process, with the consent of the commissioning authority and the processing of the staying proceedings, and that the property involved in the retained should be kept and returned in a timely manner. Article 23. The price identification body shall make a price determination of the property in question in accordance with factors such as the replacement price of the price identification base, the new degree, the quality, the changing factors, technical parameters and the expected profitability capacity: (i) The property involved in the case is a government price-principulated evidence based on the Government's price; (ii) The property involved is the Government's guidance price, based on the baseline price set by the Government, taking into account market price identification evidence; (iii) The property in question is a market adjustment price and is determined at the market secondary prices. The State provides otherwise for the calculation of price standards and methods of calculation. Article 24 of the price identification body may provide a price identification evidence based on the evidence determined by the commissioning body on the basis of the price determination of the price of the same kind of physical pattern, in accordance with the price of the price determination date. Article 25 The price identification body shall make price determinations within the time period of the commissioning agreement and give the entrusting authority the notice of the finding of the property price of the case. The time limit for the identification of the property price in question shall not exceed the statutory duration of the case. The price identification finding should include the following: (i) Authory, name of the trustee; (ii) Basic conditions such as the name and quantity of the property in question; (iii) The basis for price identification; (iv) The price identification methodology and process to be presented; (v) Benchmark date, conclusions and dates; (vi) Other needs clarification. The price identification finding should be added to the chapter and the chapter of the price identification body, together with the qualifications and qualifications of the price identification body and personnel. Article 26 Findings on the price of the property arising from the price identification body, which is confirmed by law by the competent authority as the basis for the determination of the property price involved. Article 27 entrusts the organ with objecting to the price identification findings of the price identification body, which may submit a supplementary identification or re-identification application to the original price identification body or a request for review decisions directly to the parent price identification body. The parties in the case have objected to the price identification findings and may submit requests for additional identification, re-identification or review of the ruling to the competent organ, which, according to the circumstances, is entrusted to the competent organ to decide whether to proceed with the supplementary identification, re-identification or review. An application for an objection or a supplementary identification, re-identification, review of the application shall be sent within 15 days from the date of receipt of the price determination. Article 28 has one of the following cases, and price identification bodies may no longer carry out re-identification or review decisions: (i) The competent organ concerned has completed the case in accordance with the provisions of the laws, regulations and regulations at that time; (ii) The party of the case has not submitted an application within 15 days of the date of receipt of the finding of the identification of the property price involved; (iii) The loss or change of property after the identification of the property in question cannot be confirmed. Article 29 does not obtain the corresponding qualifications of the price recognition by law, and does not carry out the identification of the property price in question, which is validated by the price authorities in accordance with the administrative penalties for price violations. Article 33 The price recognition body does not carry out the identification of the property price in accordance with the established terms of reference and the identification process, in a manner involving the identification of the property price, which is declared invalid by the price authorities and shall give warning, liability, and refund of the identification costs in accordance with the circumstances in which the scheme is in breach of the scheme; in the event of a serious nature, the administrative disposition of the heads of the price-seeking institution and the direct responsible person. Article 31 of the price identification body shall be liable under the law for losses arising from the failure of the retained property to the custody of the obligation. Article 32 presents one of the acts set out in article 13 of this scheme, which is warned by the price authorities; in the case of serious circumstances, it is recommended that the licensee be revoked by law; that it constitutes an offence and that it be criminalized by law. Article 33 entrusts the organ and its staff with a violation of the provisions of this approach, in one of the following cases, to be administratively disposed of by the competent authority or administrative inspectorate responsible for the direct responsibility of the competent and other direct responsibilities, in accordance with the law; and to hold criminal responsibility under the law: (i) To request, receive the deduction or take advantage of other unjustifiable interests; (ii) Authorize institutions that have no legal qualifications to conduct identification of property prices; (iii) deliberately provide false information, information or unlawful interference in price identification activities. Article 334 Work on the identification of service prices in the case is carried out in the light of this approach. Article 55 of this approach was implemented effective 1 December 2007. |
