Taiyuan Property Transaction Management

Original Language Title: 太原市产权交易管理办法

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(July 1, 2004 Taiyuan City Government 14th times Executive Conference considered through July 21, 2004 Taiyuan City Government makes 44th, announced since announced of day up 30th Hou purposes) first article for specification property trading behavior, promoted property system reform, optimization resources configuration, prevent State-owned assets loss, promote Taiyuan regional economic development, according to State State-owned assets supervision Management Committee, and Treasury Enterprise State-owned property transfer management provisional approach, provides, combined this city actual,
    These measures are formulated.
    Article property rights trading activities in the administrative area of the city, shall be subject to these measures.
    Article III equality of property rights transfer shall follow the voluntary, making compensation, honesty and principles of openness, fairness and justice.
    Body of the fourth property transaction is: ownership according to law of the transferor and the transferee obtaining property rights.
    Fifth article property trading of object including: (a) State-owned owned company, and State-owned non-company business enterprise, and town collective enterprise of overall or part property; (ii) State-owned holding, and shares of limited responsibility company, and non-listed AG equity; (three) Sino-foreign joint venture, and cooperation enterprise or other enterprise of State-owned property; (four) Government investment formed of public facilities franchise right; (five) administrative, and institutions of assets property; (six) non-State-owned enterprise of property.
    Article sixth of these property transaction process, involving State-owned allocated land-use right transfer and funded by the State to form the transfer of mineral exploration right or mining right shall go through relevant procedures separately in accordance with the relevant provisions of the State.
    Article seventh transfer of property rights trading should be maintained by workers (including retired staff) the legitimate rights and interests. Article eighth Enterprise property right transfer of State-owned property right trading institutions should be established by law in public and not be limited by region, industry and capital contribution or affiliation.
    Otherwise provided for by laws and administrative regulations of the State, from its provisions.
    Nineth property through auction, tender, transfer agreements and national laws, administrative rules and regulations in other ways.
    Article tenth property transactions should be in accordance with the application for registration, Audit Commission, listed on, and discuss, determine the transaction, transaction signing and settlement delivery, change of registration procedures.
    11th transfer of State-owned property should be reported to fulfill the responsibilities of investor authorized by the Government of the people's institution or unit; the transfer of property rights of State-owned, agreed by the investor, direct entry list.
    Transferor should entrust asset evaluation agencies with relevant qualification asset assessments in accordance with the relevant provisions of the State.
    12th property right trading Agency, perfecting the property right exchange information network should be established, use information technology tools to the public in a timely manner the property right transfer of information. 13th institutions transfer information submitted by parties should be reviewed and within 3 working days from the date of receipt of all information, whether or not to grant entry transfer of written replies.
    On the transfer of granted entry, trade institutions should pass above the provincial level press and property right trading institutions of property right transfer of information network to the public information. Article 14th after 20 business days ' trading information, property right trading institutions should be taken according to the property details of auction or tender organizations enforce property rights transfers.
    In the absence of any case, or by the transferor and the transferee consultation.
    Article 15th bid invitation or auction transfer of title, and shall be in accordance with the People's Republic of China auction law or the People's Republic of China tendering and organize the implementation of the relevant provisions of the Act. Article 16th overall property of the transferor transfers, shall, before the transfer to seek creditor (including the creditor financial institutions).
    Property and debts transferred to the transferee, the transferee should work with creditors (including the creditor financial institutions) to sign a written agreement on debt matters.
    17th during the process of transfer of State-owned property rights when trade below when evaluating the results of 90%, should be suspended, the approval of the related property rights transfer agencies agreed to before they can continue. 18th property right transfer of State-owned property right transfer and the transferee to proceed shall be made of the property transaction contracts. Property trading contract including following main content: (a) transfer subject matter of basic situation; (ii) transfer party and by let party of name, and residence; (three) transfer way, and transfer price, and price paid time and way and the payment conditions; (four) transfer standard of enterprise involved of claims, and debt of processing programme; (five) property delivery matters; (six) workers placed programme; (seven) transfer involved of about tax matters; (eight) contract parties of default responsibility; (nine) contract dispute solution way; (
    Ten) modification and rescission of contract conditions (11) other terms to be agreed. 19th property right trading institutions should be self-property right transaction within 7 working days from the date of signing the contract, to review the contract and proof of performance and other relevant information.
    Property rights exchange voucher issued by a legitimate property right transactions.
    20th the transferor and the transferee of the property rights trading, with property rights transaction service evidencing property rights transaction vouchers, in accordance with the relevant provisions of the State property right change in time.
    Article 21st following banning the transfer of property rights: (a) the property is unknown or disputed; (b) mortgages has been set without the consent, and (iii) has an action of preservation or enforced; (iv) laws and regulations banning transfers.
    22nd under the following circumstances shall terminate the transfer: (a) the transferor or transferee of property right trading institutions to terminate the transaction; (b) the Court issued a notice in writing to terminate the transaction, (iii) due to force majeure or accidents, natural loss of property rights; (iv) transferring ownership of other circumstances shall be terminated in accordance with law.
    Termination of property rights trading must apply in writing to the property right trading institutions in advance.
    Article 23rd transferring ownership of one of the following circumstances, transfer is not valid: (a) in violation of State laws and regulations to the detriment of national interests and public interests, (ii) trade bodies, the transferor, the transferee deliberately collude to drive down price deals.
    24th when the transfer of property right of State-owned enterprises, in violation of relevant provisions of the State-owned assets supervision and Administration Commission of the State Council, the Ministry of finance, by the State-owned assets supervision and administration to investigate and punish.
    25th property right trading institutions fees determined by the commodity price departments in accordance with State regulations. 26th State-owned assets supervision and administration of property rights trading market carry out supervision and inspection functions.
    Property rights trading markets must report transactions to the State-owned assets supervision and administration bodies on a regular basis.
    Article 27th social intermediaries in the transfer of State-owned property right of audit, assessment and illegal practice in legal services, will be informed by the State-owned assets supervision and administration authorities proposed to give the corresponding penalty in serious cases may require the assignor no longer related to entrusted it with the transfer of State-owned property right of enterprises business.
    28th article State and staff has following case one of of, by monitored organ law investigation: (a) in handle approval, and registration, procedures in the, long drag not do, deliberately bewilders, or abuse, ultra vires handle, unauthorized handle of; (ii) not according to property trading institutions issued of property trading voucher handle about procedures of; (three) abuse, and extortion, received bribery or obtained bribery of; (four) negligence, caused State-owned assets loss of.
    Article 29th property transaction occurred during the property right trade dispute, the parties concerned may apply for arbitration according to the terms of the contract, without arbitration, may initiate litigation to the people's Court according to law. Article 30th property rights trading market was approved by the Municipal Government of Taiyuan, established by law for transactions of property rights provided venues, facilities, information service providers.
    Counties (cities, districts) can set up property right trading Agency.
    31st state-owned enterprise property right transactions, must be carried out at a lawfully established property right trading institutions; collective enterprise property right transaction, reference to these measures encouraged Township and village-run enterprises, non-public-owned enterprises entering transactions of property rights.
    32nd article this way by the Taiyuan municipal legal Affairs Office of the people's Government is responsible for the interpretation.
                                                                    33rd article of the approaches implemented since the 30th after the date of its publication.