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Hubei Provincial People's Government Of Hubei Province, On Amending The Decision Of Interim Measures For Property Right Transaction Of State-Owned Assets Management

Original Language Title: 湖北省人民政府关于修改《湖北省国有资产产权交易管理暂行办法》的决定

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(Review of the adoption of Publication No. 240 of the Order of the People's Government of the Northern Province of Lake Tan, 27 November 2002)

The Royal Government of the Great Lakes Province has decided to amend the provisional approach to the management of State asset property rights in the northern province of Lake:
Article IV is amended to “the provincial State asset management is responsible for the development and monitoring of the management of the property trade market throughout the province.
“The city, state and district State asset management is responsible for the development and monitoring of the management of the property trade market in the present administration, in accordance with the provisions.”
Article 5, paragraph 1, amends the establishment of a property transaction body to comply with the relevant national legal, legislative and regulatory provisions and in accordance with the following conditions:
Article 6 amends the establishment of a property transaction body, which is submitted by the establishment of a unit and is submitted for approval by the provincial State asset management. The property transaction body, which was approved, must be available to the location's business administration to apply for commercial registration.
Article 8 amends “the transfer of State property rights shall be an investment agency or sector authorized by the fundor or the Government; State investment institutions have not yet been established and are authorized by the same-ranking State asset management as the subject.
“The State property rights transaction shall be strictly carried out in accordance with the relevant provisions of the State.”
Article 11, paragraph 1, reads as follows: The five other sequences were followed in advance.
Article 12, paragraph 6, was amended to read “other modalities approved by the provincial State asset management”.
Paragraph 5 of Article 13 reads as follows: “Assessment assessment and approval of documentation”;
Article 15, paragraph 1, reads as follows: “Application application;” article 15, paragraph 3, reads as follows:
Article 16 amends as “before the property transaction, the subject shall be entrusted with an asset assessment by a competent asset assessment body in accordance with the State-mandated assessment procedure, and the results of the assessment are subject to transactions by a statutory property transaction agency upon the basis of the law of the relevant authorities.”
10, Article 18 is adjusted to Article 17.
Article 17 is adjusted to Article 18 by modifying the following: “Any asset assessment, as approved by the State, may be used as a transactional price allowing a certain proportion of buoys based on the bottom price. The price is less than 80 per cent of the bottom price, which is subject to approval by the same-ranking State asset management.”
Article 19 amends as follows: “The property transaction agency may engage in a property transaction transaction transaction transaction to collect a certain brokering fee to both the owner, which is established by the provincial price office in conjunction with the provincial financial offices, provincial State asset management.”
Articles 23, 24 and 26 were deleted.
In addition, as article 23: “In violation of this approach, there is one of the following cases where the property transaction is null and void and the State asset management sector does not deal with the relevant procedures, the relevant units may be held accountable for the administrative responsibility of the directly responsible person:
“(i) State property rights transactions that have not been carried out within the property trading body established by law;
“(ii) The deliberate collation of the parties to the transaction and the provision of false documents, contrary to the principle of fair transaction, resulting in loss of State assets;
“(iii) In violation of the relevant provisions of the State, the Government's staff misused their functions in the transfer of property and receive bribes resulting in significant loss of State assets.”
Articles 15 and 27 were adjusted to article 25.
Article 27 was restructured to read as follows:
In addition, in accordance with the above-mentioned amendments, the relevant provisions were modified accordingly. At the same time, the order of the provisions was adjusted accordingly.
The present decision has been carried out from 3 March to 30 March.
The provisional approach to the management of State property rights transactions in the northern province of the Lake is released in accordance with this decision.

Annex: Provisional approach to the management of State property rights transactions in the northern province of Lake (Amendments of 2002)
(Act No. 143 of 21 May 1998 of the People's Government of the Province issued a revision of the Decision of 3 December 2002 on amending the provisional approach to the management of State property rights in the northern province of the Lake)
Chapter I General
Article 1, in order to nurture the national asset property market, regulate property transactions, promote the rational flow and optimization of State assets, prevent loss of State assets and develop this approach in line with relevant national laws, regulations and regulations.
Article 2 engages in property transactions in State assets within the territorial administration and must be subject to this approach.
Article 3 deals with State property rights and should be guided by the principles of openness, equity, impartiality and integrity.
Chapter II Oversight management of property transactions
Article IV State asset management is responsible for the development and monitoring of the management of property transactions across the province.
In accordance with the provisions of the municipal, state and district state-owned asset management, the property transaction market in the present administration is responsible for the development and monitoring of management.
Article 5 The establishment of a property transaction body must be in accordance with the relevant national legal, legislative and regulatory provisions and in accordance with the following conditions:
(i) The possession of property and funds that are independently disposable from the scope of operation;
(ii) A fixed place and facility that is adapted to the work of the property transaction;
(iii) A certain number of professional technicians and managers;
(iv) There is a better transaction rules and relevant internal management systems.
Article 6. The establishment of a property transaction body, which is submitted by the establishment of a unit for approval by the provincial State asset management. The property trading body, which was approved, must be available to the location's business administration to apply for commercial registration.
Article 7. State property rights transactions must be carried out in accordance with the prescribed procedures within the property transaction body established under the law, and the off-site transactions are prohibited.
Chapter III Scope and manner of property transactions
Article 8. The transferee of State property rights must be an investment agency or sector authorized by the fundor or the Government; State investment agencies have not yet been established and are authorized by the same-ranking State asset management as the subject.
State property rights transactions should be strictly implemented in accordance with national regulations.
Article 9. The owner of State property rights must be a legal person, other organization or natural person with civil rights and civil conduct capacity.
Article 10 deals with State property rights may be corporate property, part of property rights or tangible assets.
Article 11 below prohibits transactions:
(i) Unfinished property relations;
(ii) The disputed terms of reference for disposal;
(iii) mandatory measures such as justice, administration, arbitration;
(iv) No transaction shall be made within the time frame of the legally contractual agreement;
(v) The submission of documents by the author is incomplete or false;
(vi) Other property transactions prohibited by law, regulations and regulations.
Article 12
(i) Transfers and solicitation transfers;
(ii) The auction;
(iii) Funding acquisitions;
(iv) Retirement and saving;
(v) Finance rental;
(vi) Other modalities approved by provincial State asset management.
The use of the auction to deal with property rights should be consistent with the provisions of the auction's laws, regulations and regulations.
Chapter IV
Article 13 Loans of a property transaction must be entrusted in writing to the trading body and submitted the following documents:
(i) The application of property rights;
(ii) The approval of the property right;
(iii) Accreditation certificate from the lender;
(iv) A certificate of property definition and belonging;
(v) An asset assessment report and approval document;
(vi) Other material requested by WIPO.
Article 14. The property transaction body is subject to careful verification of the transaction log and the related documents upon receipt by the author of the request and the relevant documents.
Article 15. Prior to the transaction, the owner of the property transaction shall submit the following documents to the property transaction body:
(i) Applications to be granted;
(ii) The qualifications of legal persons, other organizations and the identification of natural persons;
(iii) Accreditation;
(iv) The WIPO request other material.
Article 16 Prior to the transaction of property, the subject shall be entrusted to the competent asset assessment body, in accordance with the State-mandated assessment process, to the extent that the assessment results have been reviewed or submitted by the relevant authorities, and to the statutory property transaction.
The parties to the property transaction shall enter into a written contract in accordance with the relevant provisions of the State and may conduct a public certificate procedure. The property transaction agency issued a notice of recognition of the transaction of the property transaction on the basis of the contract, the transfer of the property transaction between the parties to the contract and the confirmation to the relevant sectors such as State asset management.
Article 18, as a result of the asset assessment, which is endorsed by the State, may, as a result of the transaction, allow a proportion of buoys based on the floor price. The price is less than 80 per cent of the bottom price, which is subject to approval by the same-ranking State asset management.
Article 19 Holdings for property transaction operations may collect a certain brokering fee to both the owner trader, which is established by the provincial price offices in conjunction with the provincial financial offices, provincial State asset management.
Chapter V
Article 20 Income from transfer of property means a net income after the transfer of property proceeds deducting the liquidation of the obligation, the cost of the placement of the worker and the payment of reasonable assessments, transaction costs.
Article 21 gives the owner the investment agency authorized by the Government and has a direct right to fund the possession, use of State-owned assets units, whose property transfer income is charged by the institution or unit and is treated in accordance with national financial provisions. State asset management conducts oversight inspections of its use.
Article 22, paragraph 2, of which the Government of the people at all levels or its mandated services are to adjust the industrial structure or conduct the reform of the State enterprise property rights system by providing for the transfer of corporate or part of the property rights transfer income to the same level of finance, incorporating the Government's national asset operation budget, specifically to support the restructuring of the State asset industry, technological transformation or replenishment of State-owned enterprise capital funds.
Chapter VI Corporal punishment
Article 23, in violation of this approach, provides that the property transaction is null and void and that the authorities, such as State asset management, may hold administrative responsibility for the direct responsible person:
(i) State property rights transactions that have not been carried out within the property trading body established by law;
(ii) The deliberate collusion of the parties to the transaction and the provision of false documents, contrary to the principle of fair transaction, resulting in loss of State assets;
(iii) In violation of the relevant provisions of the State, the Government's staff misused their functions in the transfer of property and receive bribes resulting in significant loss of State assets.
Article 24, in violation of this approach, does not conduct a national asset assessment or leave in the asset assessment process, and is dealt with in accordance with the relevant provisions of the State Department's National Asset Assessment Management Scheme and its rules of operation.
The price sector is treated in accordance with the relevant provisions of the price management.
Article 25. The property transaction body violates this approach by misleading, injuring the legitimate rights and interests of both parties to the transaction, causing loss of State assets and punishing the business administration and State asset management in accordance with the relevant provisions.
Article 26 may apply for administrative review or administrative proceedings in accordance with the law. The parties did not apply for reconsideration, nor did they sue, and did not comply with the penalties decision, and the authorities that had made a punitive decision applied to the enforcement of the People's Court.
Chapter VII
Article 27 deals with property rights in all collective economies and mixed economies may be implemented in the light of this approach.
The twenty-eighth approach is implemented since the date of publication.