Guiyang Interim Measures For Property Right Transaction Management

Original Language Title: 贵阳市产权交易管理暂行办法

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(September 25, 2003 Executive meeting of the Guiyang municipal people's Government announced on October 15, 2003, Guiyang municipal people's Government, the 124th) Chapter I General provisions article in order to cultivate and develop the city's property rights trading market, standardize property transactions, promote optimized allocation of resources, promoting the strategic adjustment of State-owned economy and State-owned enterprise restructuring, these measures are formulated.
    Article property rights transactions should be carried out according to law, openness, fairness and justice, the principles of voluntariness, honesty. Article in the city under the jurisdiction of State-owned assets property rights trading activities should abide by these measures.
    Otherwise provided by laws and regulations, from its provisions.
    Article fourth of Guiyang City, property rights trading, is the State-owned assets supervision and administration of the executive authorities, legally responsible for oversight and management of property rights trading. Property rights trading center in Guiyang is legally established property right Exchange services, is responsible for property right transaction activities according to law, for property rights and provides intermediary services, the property transaction-related formalities.
    The city's State-owned assets property rights transactions should be carried out through the Centre.
    Relevant departments shall, in accordance with their respective responsibilities, cooperative improve property transaction management. Fifth of property right of State-owned assets property rights transfer can be held legal persons or other organizations.
    Transferee of property rights can have is the capacity for civil rights and capacity for civil conduct, can independently assume civil liability of legal persons, other organizations, or individuals.
    Article sixth title transactions should safeguard workers ' legitimate rights and interests according to law and property trading contract properly placed licensor staff (including retired staff).
    Chapter property rights trading modalities and procedures for article seventh property rights Exchange, auctions in the manner tenders were mainly adopted; application of the transferee for a, agreement can be taken in the manner; otherwise provided by the laws, rules and regulations, from its provisions.
    Article eighth of property right of State-owned assets transfer price below appraised value 80% should be reported by the State-owned assets supervision and administration.
    Nineth shall be listed on the application for registration, property transactions, query negotiations, contract signing, settlement delivery, change of registration procedures.
    Tenth Article application transfer property, should submitted following information, and guarantee its real, and full, and effective: (a) property transfer applications; (ii) property subject qualification proved; (three) property ownership proved file; (four) agreed transfer property of resolution and reply file; (five) transfer standard of situation description; (six) assessment report, and audit report, and assessment record file, and property defined file, about information; (seven) legal, and regulations, and regulations provides of other information.
    Section 11th for the property, shall submit the following information and ensure that it is true, complete, valid: (a) application for purchasing property; (b) the subject qualification certificate, (iii) credit; (d) the transferee and the higher authorities agreed to the resolution and approval documents; (e) the laws, regulations, rules and other information. Article 12th after a trading intention the transferor and the transferee shall be signed under the auspices of the law of property rights trading center in Guiyang property trading contract. Property trading contract should including following content: (a) transfer standard of; (ii) transfer party and by let party of name, and residence, and statutory representative people name; (three) transfer subject matter of price, and price paid way and paid term; (four) transfer party on its transfer standard of property of authenticity, and legitimacy of guarantee; (five) claims, and debt of processing matters; (six) workers placed of agreement; (seven) property delivery matters; (eight) property trading about costs; (nine) default responsibility; (10) dispute solution
    (11) date of signing (12) other matters necessary to agree upon.
    13th property transaction after signing the contract, property rights exchange vouchers issued by the property rights trading center in Guiyang.
    Guiyang City, according to state-owned assets supervision and administration of property rights trading center of property right transaction vouchers issued by forensic handling property transactions. 14th property right transaction of State-owned assets of the transferor and the transferee should present documents of transaction of property rights, property rights trading contracts and property rights transaction assurance to relevant departments of relevant procedures.
    All relevant departments should be based on property right exchange voucher and identification within the period stipulated in the laws, regulations and rules to handle the clearance procedures.
    Property right trading codes of conduct article 15th chapter transfer of property right of State-owned assets, shall perform the procedures stipulated by the State. 16th property right transaction of State-owned assets should be an eligible assessment institutions to assess property values.
    Estimated value of the property right of State-owned assets should be reported to the State-owned assets supervision and Administration Department for record.
    17th legal entities, natural persons or other organizations have one of the following situations shall not be sold or the property: (a) legal personality or which has been disappearing; (b) incapacity or restricted legal capacity and (iii) to initiate an investigation by the Justice Department closed yet; (d) laws, rules and regulations shall be carried out other property transactions.
    18th title has one of the following situations shall not carry out transactions: (a) relates to State secrets or national security; (b) property rights dispute; (c) restricted the right to dispose of or controversial and (iv) having a legal contract, within the time limit shall not be traded; (e) property rights within other transactions.
    Trading is really necessary in the preceding paragraph, in accordance with the relevant provisions of program approval.
    19th in the course of property transaction, one of the following conditions occurs, you can abort the transaction: (a) the third party and the transferor on the transfer of property right of unresolved disputes, (ii) due to force majeure circumstances, cause the trading activity is temporarily unable to (iii) shall be suspended in accordance with law property right Exchange in other circumstances.
    20th in the course of property transaction, Licensor, or termination of the transaction the direction property rights trading center in Guiyang, or terminated according to law of property right Exchange in other circumstances, shall terminate the transaction.
    21st property transactions against the following acts: (a) property rights trading center in Guiyang City outside of State-owned assets property rights transaction; (b) property rights trading market manipulation or disturb the property transaction order, (iii) interfere with the transferor and the transferee of the fair trade; (d) the laws and regulations of the other Act and the regulations.
    22nd State-owned assets property rights trading net revenue shall be as specified in the provisions over to the State-owned assets supervision and administration accounts.
    Article 23rd property transaction fees and standards by the municipal price control, established in accordance with the relevant provisions of the financial sector.
    Archives of the 24th property right trading institutions should prepare the registration of property rights trading, and develop archives and make enquiries.
    25th fourth chapter penalties in violation of this regulation, by the State-owned assets supervision and administration, and industrial and commercial administration departments to investigate and punish.
    Article 26th city property rights trading center for the exchange of property right of State-owned assets in enterprises, State-owned assets supervision and administration bodies, supervisory organs should be investigated in charge of the unit and the responsibility of the persons directly responsible, resulting in the loss, compensation according to law.
    27th to disobey article 14th, no property transaction documents and forensic, Enterprise property rights procedures for change of registration by the supervisory organs for the relevant departments responsible, be given an administrative sanction of those responsible constitutes a crime, the judicial organ shall be investigated for legal responsibility.
    28th the transferor, the transferee any party has contravened the principle of honesty and credit in the transaction, fraud in obtaining property rights transaction voucher's, property rights trading service agencies must revoke its certificate of property rights transaction vouchers, and by the innocent party shall bear the corresponding legal responsibility.
    Article 29th title exchange occurred during the property transaction disputes, the parties can be resolved through consultations or mediation, may also apply for arbitration or litigation.
    Article 30th staff engaged in property transaction fraud, abuse, and violations of legal rights of the parties, shall be given administrative sanctions by the relevant authorities constitutes a crime, criminal responsibility shall be investigated according to law.
    31st asset evaluation agencies and other intermediaries, handling, issued by the property right trading institutions required to report, reporting, certified documents, with a party to the transaction acted in collusion with fraud, handled by the property right trading institutions to draw attention to relevant departments according to law; losses caused, by law compensate the case constitutes a crime, criminal responsibility shall be investigated according to law.
    Fifth chapter supplementary articles article 32nd administrative institutions, as well as other property rights transaction in accordance with the measures implemented.
                                                                                      33rd article this way come into force on December 1, 2003.