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Shandong Province, Ways To Manage State-Owned Property Right Trading

Original Language Title: 山东省国有产权交易管理办法

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(Health No. 163 of 4 November 2003)

Chapter I General
Article 1, in order to nurture and develop the property trade market in the province, regulate transactions of State property rights (hereinafter referred to as titles), promote the rational flow and optimization of State assets, prevent State asset loss, promote integrity and develop this approach in conjunction with the province's actual practice.
Article 2 engages in property transactions in this province and should be subject to this approach.
Article 3 deals with property rights should be guided by the principle of equality of voluntary, such as compensation, integrity and openness, impartiality and equity, which guarantees the legitimate rights and interests of workers in accordance with the law and shall not compromise the interests of third parties and society.
Article IV governs the supervision of property transactions by provincial State asset management authorities.
In accordance with their respective responsibilities, the relevant sectors, such as district inspection, business and business, implement oversight over property transactions.
Chapter II
Article 5 deals with property rights as a sole-source State or a limited liability company for the property transaction broker.
The establishment of the property transaction body is determined by the Government of the Provincial People or its mandated departments.
Article 6. The establishment of a property transaction body shall have the following conditions:
(i) Funds that are adapted to the activities of the property transaction and are able to independently assume civil responsibility;
(ii) There are fixed transaction sites (i.e. trading markets) and completed trading facilities;
(iii) The principal head of the company shall be eligible for office and shall not be functional;
(iv) Professionals with corresponding specialized accounting, economic, legal, etc.;
(v) A well-established corporate constitution and management system.
Article 7.
(i) Provide a property transaction room;
(ii) Provide information and advisory services and organize property transactions in accordance with this approach;
(iii) A written review of the authenticity of the submission of documents by the owner and the buyer;
(iv) To report to the relevant sectors of the people's Government on significant transactions in property rights in accordance with procedures;
(v) Other responsibilities provided by States and provinces.
Article 8. The property transaction body shall establish the rules on property transactions in accordance with this approach, after approval by the Government of the Provincial People or its mandated departments.
Article 9. The WIPO shall establish a property transaction file and provide archival access services.
Article 10. The practitioners of the WIPO transaction bodies should be avoided when performing their duties with themselves or their close relatives.
Article 11. The royalties of the property transaction body are developed by the provincial price sector with the provincial financial sector, the provincial State asset management authorities and published in the property transaction area.
Employers collectively purchase their corporate property rights and the property trading agency shall not collect other costs other than the registration of the royalties.
Chapter III
Article 12
(i) A State-owned enterprise as a whole or part of a property transaction;
(ii) The property transaction of the National Assets Control Unit or the Participation Unit;
(iii) The property transaction of the administrative unit;
(iv) Other property transactions.
The first paragraph deals with property rights, including tangible, intangible property rights and business rights, property rights.
The laws, regulations and regulations also provide for their provisions.
The following Article 13.
(i) The property is unknown or controversial;
(ii) A mortgage or detention, without the consent of the collateral or the detainee;
(iii) Be preserved or enforced by law, without the consent of the jurisdictional court or the administrative body in force;
(iv) Laws, regulations or regulations prohibit transfers.
Article 14 deals with national security, defence, sophisticated technology and the State's secret property transactions, in accordance with the relevant national provisions.
Article 15. The acquisition of property by a foreigner and a port, a treasury shall be in accordance with the provisions of the State and the Southern Orientale province relating to the investment of a business and a directory.
Chapter IV Procedures for property transactions
Article 16 deals with property rights must be carried out in the property transaction market established by law.
Article 17 The application of the owner to enter the transaction of the property transaction market shall be submitted to the property trading body the following documents:
(i) To give the application;
(ii) Accreditation certificate;
(iii) Property rights certificates and certificates granted by State asset management agencies or relevant departments;
(iv) Enabling resolutions of the General Assembly of Business Employers or the Conference of Shareholds;
(v) Profile of property rights and workforce profiles;
(vi) State asset assessment reports and documents approved or submitted by State asset management bodies or relevant departments;
(vii) Debt handling opinions by creditors and legal opinions by lawyers;
(viii) Other relevant materials.
Article 18 The owner's application for entry into the property transaction market shall submit the following documents to the property transaction body:
(i) To purchase applications;
(ii) Acquisition of qualifications and qualifications;
(iii) Post-purchased development programmes, workforce resettlement programmes;
(iv) Other material provided by States and provinces.
The purchase of property belonging to the exclusive sale, specialization should be subject to the corresponding qualifications and conditions and submit relevant certificates to the property transaction body.
Article 19 deals with documents submitted by the lender and the buyer, which must be authentic, lawful, effective, without false, misleading or significant omissions.
Article 20 shall be subject to a written review of the authenticity of the documents submitted by the owner and the buyer and whether the transaction is granted within 2 days of the date of receipt of the document.
Article 21 gives the right to deal, and the property trading body shall publish information on property transactions in a timely manner to society through a variety of public walls.
The wall was not less than 15 working days.
During the period of the wall, the owner shall not withdraw its name without the consent of the property trading body and shall not change the price of the wall.
The second article of the property transaction body shall communicate the results of the wall to the owner and the buyer within three days of the expiration of the term of the wall and organize transactions in accordance with the procurement application of the name.
Only one claim for purchase may be transactioned by agreement. More than two requests for purchase should be made in a competitive, auction-based manner; they should be transactioned in a solicitation manner without compromising competitive or auction transactions.
Employers collectively purchase their property rights and should deal with the manner approved by the Government of the people exercising their responsibilities.
Article 23 provides that the value of the assessment shall be the subject of the assessment. The price was sold less than the bottom price and the lender should be given approval by the same-ranking State asset management.
The property transaction should be harmonized with the HFA.
Article 24 shall enter into a property transaction contract, taking into account the normative contractual text, upon the agreement of the parties to the property transaction.
Article 25
(i) The name of the lender and the buyer (name), residence and the name of the legal representative;
(ii) The manner and duration of payment of tenders, prices and prices;
(iii) Referred claims, treatment of debts and loss processing;
(iv) Staff resettlement programmes;
(v) The tax burden of the property transaction;
(vi) Modalities and deadlines for the transfer of property;
(vii) Contract changes and conditions of dismissal;
(viii) Violations of contractual responsibility and contractual dispute resolution;
(ix) Date of signature;
(x) Other matters to be agreed.
The content of the debt clause in the property transaction contract must be subject to the written consent of the creditor.
Article 26 The property transaction body shall conduct a written review of the legality, authenticity of the contract; be qualified, and the property transaction certificate shall be presented to both the owner in a timely manner.
Article 27 deals with property rights by both parties to the property transaction certificate and the property transaction contract, as well as other related materials, are subject to procedures relating to changes in the financial, banking, state-owned asset management, business administration, tax, land, property, social security, etc.
The sectors set out in the preceding paragraph shall be closed within the statutory period.
Article 28 does not carry out the following acts:
(i) The property rights are not assessed and the assessment value has not been approved or submitted by State assets management;
(ii) Disclosure of information on property transactions is incomplete or false and misleading;
(iii) deliberately depress or increase transaction prices and conditions that hinder the transaction;
(iv) The manipulation of the property transaction market;
(v) Incidence in property transactions;
(vi) The WIPO and its staff are involved in the transaction as a lender, buyer or third party;
(vii) Other acts prohibited by law, regulations and regulations.
Article 29 contains one of the following cases during the property transaction and the property transaction shall be suspended:
(i) No decision has been made by a third party against the award of property;
(ii) Property transaction activities cannot be carried out by force majeure;
(iii) Other circumstances that should be suspended by law, legislation and regulations.
Article 33 has one of the following cases during the property transaction:
(i) A request for termination of the transaction by a lender or the purchase of a chain of title transactions, as confirmed by the WIPO;
(ii) A written notice of termination of the transaction by the judiciary or State asset management;
(iii) The natural loss of property due to force majeure;
(iv) Other circumstances that should be terminated by law, legislation and regulations.
Chapter V Legal responsibility
Article 31 provides that the owner does not enter the transaction of the property transaction market and that the competent and other direct responsible persons directly responsible for it are subject to administrative disposition by law; constitutes an offence punishable by law.
In violation of this approach by the relevant authorities of article 32, there are one of the following cases in which administrative responsibility is brought to justice by law for the direct responsible and other persons directly responsible; and criminal liability is lawful:
(i) A breach of the provision for approval of property rights;
(ii) Changes in property rights that do not enter the property transaction market;
(iii) There was no delay in the processing of property rights for entering the property transaction market or no change procedure.
Article 33 provides asset assessment reports for property transactions, debt treatment opinions or professional bodies for legal opinions, which causes loss of State assets or loss of others, shall be liable in accordance with the law on the content of which they are responsible, and, in the event of serious circumstances, shall be punished in accordance with the provisions of the law, legislation and regulations; and criminal liability in accordance with the law.
Article 34, in violation of this approach by the lender and the buyer, deliberately submits documents that are false, misleading or have major omissions, causing the loss of State assets or the loss of others, which should be liable under the law; constitute a crime and be criminalized by law.
Article XV of the submission of documents by the parties to the property transaction is not authentic or incomplete, and the property transaction agencies grant them access to the property transaction market shall be warned by the property transaction agency and shall be liable to the fine of up to 30,000 dollars; the loss shall be compensated by law.
Article XVI, in breach of this approach, provides that a false property transaction certificate shall be subject to a fine of up to 30,000 dollars; that the owner's party's loss shall be liable under the law; and that it constitutes an offence to be criminally liable by law.
Article 337, in breach of article 28 of this approach, shall be warned in accordance with the law; in serious circumstances, with a fine of up to 30,000 dollars; in the event of loss, shall be liable in accordance with the law; and in the form of an offence, criminal liability shall be held by law.
The administrative penalties provided for under this approach are carried out by the relevant authorities in accordance with their statutory responsibilities.
Annex VI
Article 39 of this approach refers to a competitive approach to the determination of the mode of transaction of the distributor in an open and competitive manner, after the expiration of the public flagship period, with more than two purchases.
Article 40 deals with collective property rights are governed by this approach.
Article 40