Attachment: Full text of Measures for the Administration of Land Appraisal Intermediaries:
catalogue
Chapter I General Provisions
Chapter II Establishment and Registration Qualification of Land Appraisal Intermediaries
Chapter three? Establishment of branches of land evaluation intermediary institutions
Chapter IV Alteration and Termination of Land Appraisal Intermediaries and Branches
Chapter V Credit Rating of Land Appraisal Intermediaries
Chapter VI Punishment
Chapter VII Supplementary Provisions
Chapter one? general rule
Rule number one In order to strengthen the management of land appraisal institutions, ensure the scientificity, impartiality and authority of land appraisal results, effectively improve the quality of land appraisal services, promote the healthy and orderly development of the land market, and ensure the independent, objective and impartial practice of land appraisal institutions, these measures are formulated in accordance with the Land Administration Law of the People's Republic of China. People's Republic of China (PRC) City Real Estate Management Law, Notice of General Office of the State Council on Forwarding the Opinions of the Ministry of Finance on Strengthening and Standardizing the Management of Appraisal Industry (Guo Ban Fa [2003]1KLOC-0/) and other relevant laws and regulations.
Rule number two Land appraisal institutions refer to economic appraisal consulting social intermediary institutions registered in the administrative department for industry and commerce according to law, obtaining business licenses, engaging in land appraisal business activities and participating in land price management services.
Article 3 The term "land valuation business activities" as mentioned in these Measures refers to the process of scientific analysis, calculation and judgment of the market value of land and its attachments (including buildings, structures, trees and young crops). Including: the land use right price evaluation in the process of transferring, transferring, purchasing reserves, pricing shares, asset verification and so on; Price evaluation of land use right in the process of collective land ownership transfer: mortgage of land use right (including buildings and structures), real estate tax and land valuation business involved in judicial arbitration; Land price evaluation involved in economic activities such as enterprise restructuring and listing, capital increase and share expansion; Evaluation, update and consultation of urban benchmark land price and calibrated land price, and dynamic monitoring of urban land price; Services such as land appraisal, planning, planning, consulting, etc. required by market and land management, such as agricultural land grading and comprehensive price.
Article 4? The Ministry of Land and Resources is the administrative department in charge of the land appraisal industry in China, responsible for the unified formulation of the rules and regulations of the land appraisal industry, the guidance of the self-regulatory organizations of the land appraisal industry, and the filing, supervision and management of the land appraisal intermediary institutions.
The departments (bureaus) of land and resources of all provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for the guidance of the land appraisal industry in their respective jurisdictions and the filing, supervision and management of land appraisal intermediaries.
The self-regulatory organizations of land appraisal industry at or above the provincial level are responsible for establishing and improving effective self-regulatory management and restraint mechanisms of the industry; To organize supervision and inspection on the evaluation of the practice quality of intermediaries and practitioners; Punish institutions and personnel who violate the professional standards and professional ethics of the evaluation industry; Cooperate with the administrative departments of land and resources to conduct industry management, supervision and inspection of land evaluation intermediaries.
Article 5 Land appraisal intermediaries shall implement the registration system of self-regulatory organizations in the land appraisal industry. Any enterprise legal person engaged in land appraisal business activities and the land appraisal intermediary institution that has obtained the qualification of land appraisal shall register with the land appraisal industry association. Without registration, it is not allowed to engage in land appraisal intermediary business activities, and the land appraisal report issued by it has no legal effect.
Article 6 Land appraisal intermediaries registered in land appraisal industry associations shall carry out credit rating activities. The registration information and credit rating of land appraisal institutions are open to the public and subject to social supervision.
Article 7? The employment of land appraisal institutions shall abide by the relevant laws, regulations, professional standards and technical standards. Land appraisal institutions independently engage in land appraisal business according to law within the permitted business scope, and no organization or individual may illegally interfere.
Article 8 The term "practicing land appraiser" as mentioned in these Measures refers to a registered land appraiser who has obtained the Qualification Certificate of Registered Land Appraiser issued by the Ministry of Land and Resources and registered to practice in a public institution.
Chapter II Establishment and Registration Qualification of Land Appraisal Intermediaries
Article 9 The establishment of an intermediary agency for land evaluation shall be registered by the administrative department for industry and commerce and obtain a business license.
Article 10 The organizational form of land appraisal intermediaries is a limited liability company (hereinafter referred to as "company system") or a partnership enterprise (hereinafter referred to as "partnership system") formed by natural persons.
According to the organizational form, bear corresponding legal responsibilities for debts.
Eleventh in accordance with the "People's Republic of China (PRC) company law" established by the company land appraisal institutions, its name should be clearly defined as a limited liability company; In accordance with the "People's Republic of China (PRC) Partnership Enterprise Law", the name of a partnership land appraisal institution shall be clearly defined as a firm.
Article 12 The name of a land appraisal institution shall clearly indicate the words "land, real estate, real estate, land assets, land price appraisal (appraisal)" and other words indicating the land appraisal profession.
Thirteenth the establishment of land evaluation intermediary institutions, in addition to the provisions of relevant laws and regulations of the state, should also meet the following conditions:
(a) the establishment of land valuation intermediary institutions should be mainly initiated by registered land valuers, and mainly by qualified land valuers and other personnel (hereinafter referred to as registered land valuers) not less than two-thirds of the total number of sponsors;
(two) the proportion of registered land valuers' investment shall not be less than two thirds of the total investment;
(3) The legal representative of the company system and the executive partner of the partnership system shall be the shareholders or partners of the certified land valuers;
(four) the initial registration age of land valuers shall not exceed 65 years of age;
(5) Having a fixed business and service place.
Article 14 A land appraisal intermediary institution shall draw the appraisal institution's practice risk fund according to an appropriate proportion of 5% of the appraisal business income.
Fifteenth land assessment agencies should take the initiative to submit a quarterly performance list.
Sixteenth land valuation agencies to carry out land valuation business according to the filing capacity. Land valuation institutions with national practice ability are registered in China Land Appraisers Association and can engage in all land valuation businesses; Other land appraisal intermediaries registered in provincial land appraisal industry associations can engage in appraisal business other than listed companies, restructuring of state-owned enterprises owned by the central government, land appraisal involving the Supreme People's Court, and benchmark land price.
Seventeenth newly established land appraisal intermediary agencies need to provide the business performance in good faith within two years of industrial and commercial registration before they can apply to the land appraisal industry association at the next higher level for practice registration.
Article 18 A land appraisal institution applying for registration in China Land Appraisers Association shall meet the following conditions in addition to the provisions of Articles 12 and 13 of these Measures:
(a) engaged in land valuation activities for not less than 3 years, and in this institution for more than 3 years of land appraisers not less than 40% of the total number of practicing land appraisers;
(2) The organizational nature is a company.
(1) The registered capital is not less than RMB 2 million;
(2) Registered land appraisers (including 1 1) above.
(3) The nature of the organization is partnership.
(1) The total investment is not less than 800,000 yuan;
(2)5 or more registered land valuers; Among the partners, there are not less than two land appraisers who have been practicing for more than five years.
(four) in the past two years, the average annual land valuation project of more than 350 thousand square meters was completed, or the business performance record of urban benchmark land price and agricultural land classification was organized;
(5) The internal management system and quality assurance system of the enterprise are sound. A technical director (chief appraiser or technical director) is responsible for the quality of the appraisal report;
(6) Having an institutional occupational risk fund and no record of bad behavior within two years;
(seven) other conditions that should meet the requirements.
Article 19 A land appraisal institution applying for registration in a provincial land appraisal industry association shall meet the following conditions in addition to the provisions of Articles 12 and 13 of these Measures:
(a) The nature of the organization is a legal person.
(1) The total investment is not less than 800,000 yuan;
(2) More than 5 registered land valuers.
(2) The nature of the organization is partnership.
(1) The total investment is not less than 300,000 yuan;
(2) More than 2 registered land valuers.
(three) the enterprise has a sound internal management system and technical person in charge;
(four) other conditions required by the provincial administrative department of land and resources.
Article 20 The registration of a land appraisal institution shall be decided by all shareholders or partners, and an application shall be made to the land appraisal industry association, and the following materials shall be submitted:
(1) A report on the application for registration;
(2) an application form for the registration of land appraisal institutions;
(3) Business license for industry and commerce;
(4) Resumes of the legal representative or executive partner, technical director and shareholders or partners;
(5) Qualification certificate of registered land valuer, copy of ID card, proof of storage location of personnel files opened in the name of public institutions, proof of payment of social endowment insurance and unemployment insurance, labor contract and medical insurance manual;
(six) certification materials of continuing education hours recognized by China Land Appraisers Association;
(7) If the registered land appraiser was a shareholder or partner of other land appraisal institutions, he shall submit a certificate of equity transfer or a certificate of withdrawal;
(eight) there are requirements for the working years of land appraisers, and the certificate of working time issued by the corresponding land appraisal industry association shall be submitted;
(9) Articles of association or partnership agreement filed by the administrative department for industry and commerce, which shall specify the equity structure or the proportion of capital contribution of partners;
(ten) valid proof of the property right or the right to use the office;
Internal management system (including personnel management system, financial management system, practice quality control system, business file management system, etc.).
Twenty-first institutions that apply for registration to the China Land Appraisers Association shall provide the opinions on institution practice issued by the provincial land appraisal industry association.
Twenty-second land appraisal industry associations shall affix a special seal for acceptance dated on the application materials submitted by the registration applicants. If the registration application materials are missing or do not meet the specified requirements, the land appraisal industry association shall inform the applicant to complete all the materials at one time within 7 working days. Fails to inform, as of the date of receipt of the application materials.
Twenty-third land appraisal industry associations shall put forward preliminary opinions within 20 working days from the date of accepting the application, and make an announcement and inspection to the society for a period of not less than 30 days; Upon the expiration of the notification inspection, the land appraisal industry association shall summarize all the information and report it to the administrative department of land and resources for the record; The administrative department of land and resources shall, according to the requirements of these measures and the preliminary examination opinions, make a veto or retrial opinion on the institutions that do not meet the conditions of these measures or have errors in the preliminary examination within 20 working days. If a decision cannot be made within 20 working days, it may be extended appropriately, but it shall not exceed 10 working days.
Twenty-fourth in the administrative department of land and resources to complete the record of land valuation intermediary institutions, institutions practicing registration certificate issued by the industry association, the registration in the administrative department of land and resources website publicity.
The land appraisal intermediary institutions filed with the administrative departments of land and resources shall submit the complete set of documents, articles of association or partnership agreement, labor insurance payment certificate and other materials allowed by the industrial and commercial tax to the registered land appraisal industry association for the record.
Article 25 The registration application form and appraisal documents of land appraisal institutions registered in provincial land appraisal industry associations shall be copied to China Land Appraisers Association for future reference.
Twenty-sixth land appraisal agencies and land appraisal industry associations that have not been approved by the administrative departments of land and resources shall notify the institutions applying for registration in writing and explain the reasons. Registration applicants can apply for reconsideration or bring a lawsuit within 15 working days after receiving the notice. If it fails to apply for reconsideration within the time limit, the application materials shall be returned to the applicant for registration.
Twenty-seventh land appraisal institutions can be merged or divided according to law. After the merger or division of a land appraisal institution, it shall meet the conditions prescribed in these Measures and re-apply for registration in accordance with the procedures prescribed in these Measures.
Article 28 If the institution's practice registration certificate is lost or damaged, it may apply to the original issuing authority for replacement or renewal as needed, and the land appraisal industry association shall report to the administrative department of land and resources for change publicity.
Chapter III Establishment of Land Appraisal Intermediaries
Twenty-ninth branches refer to the land appraisal institutions established in different places according to law, engaged in land appraisal business, and have no legal person qualification.
The civil liability of the branch company shall be borne by the land appraisal institution (hereinafter referred to as the head office) that established the branch company.
Thirtieth land valuation intermediary agencies registered in China Land Appraisers Association can set up branches across provinces; Land evaluation intermediaries registered in local land evaluation industry associations for 2 years may set up branches in this province.
Article 31 The name of a branch shall be in the form of "name of land appraisal institution+name of administrative division where the branch is located+branch".
Article 32? The head office exercises unified management over its branches in personnel, finance, professional standards and quality control.
When a branch engages in land appraisal business, it shall issue a land appraisal report in the name of the head office and affix the official seal of the industrial and commercial registration of the head office, and shall not issue an appraisal report in the name of the branch office.
Thirty-third land appraisal institutions to set up branches shall meet the following conditions:
(1) Having a sound internal management system and a special branch management system;
(2) After the head office sends a practicing land appraiser to the branch, the number of practicing land appraisers should still meet the requirements of the number of practicing land appraisers set up by the institutions in Articles 18 and 19 of these Measures, and the number of practicing land appraisers in the branch is not included in the number of practicing land appraisers in the head office that set up branches;
(3) The land appraisal agency has a stable business volume in the place where the branch is located within 2 years before the date of applying for the establishment of the branch, has not received administrative punishment in its business activities, and has no bad records in its credit files. (4) It has not been subjected to administrative punishment in business activities within three years before the date of filing the application, and there is no bad record in the credit file.
Article 34 A branch company shall meet the following conditions:
(a) The person in charge is a shareholder or partner of the head office and must be a registered land valuer;
(2) There shall be no less than 2 registered land valuers in the branches;
(3) Having a fixed office space;
(4) Obtaining relevant industrial and commercial tax and other administrative licenses.
Thirty-fifth qualified land appraisal intermediary institutions to set up branches shall submit the following materials to their registered land appraisal industry associations:
(a) the resolution of all shareholders or partners to set up branches;
(2) An application form for establishing a branch;
(3) Resume of the person in charge of the branch;
(4) Measures for the administration of branches;
(five) the list of achievements, accounting statements and audit reports for two years before the application for establishment;
(6) Summary of the Registration Form of Land Appraisers' Practice sent to the branches;
(seven) valid proof of the property right or the right to use the office space of the branch;
(eight) the establishment of inter-provincial branches, must have the audit opinion of the land appraisal industry association at or above the provincial level where the head office is located.
Article 36 The Head Office shall submit a copy of the business license of the branch and the materials listed in Article 35 to the provincial land appraisal industry association where the branch is located and the land appraisal industry association registered by the Head Office within 10 working days after completing the industrial and commercial registration procedures of the branch. The land appraisal industry association registered by the head office shall announce the establishment of branches to the public in a timely manner.
Chapter IV Alteration and Termination of Land Appraisal Intermediaries and Branches
Article 37 If the name, office space, total investment, legal representative or executive partner, shareholder or partner and the person in charge of the branch of a land appraisal institution or branch are changed and confirmed by the administrative department for industry and commerce, it shall report to the registered land appraisal industry association within 30 days from the date of making the decision.
Article 38? During the existence of land appraisal intermediary institutions or branches, if they do not meet the conditions stipulated in these Measures, they shall report in writing to the registered land appraisal industry association and make rectification within 3 months to meet the specified requirements. If it fails to meet the requirements within 3 months, its registered land appraisal industry association will cancel its registration and report it to the administrative department of land and resources for the record.
Thirty-ninth land appraisal intermediary institutions or branches in any of the following circumstances, the land appraisal industry association to cancel its registration:
(a) registration by fraud, bribery and other improper means;
(two) the land appraisal institution terminates the continuation according to law;
(3) The business license is revoked, withdrawn or revoked according to law;
(4) Other circumstances in which the registration shall be cancelled according to laws and regulations.
Article 40 After going through the cancellation procedures, the land appraisal agency shall return the agency's practice registration certificate, submit the classified storage scheme of appraisal business files in accordance with relevant regulations, and be responsible for properly keeping the appraisal business files for a period of not less than 10 year.
Article 41 The land appraisal industry association shall, within 10 working days, update its registration information according to the change of land appraisal institutions confirmed by the administrative department for industry and commerce, and submit the change information to the administrative department of land and resources in a timely manner.
Chapter V Credit Rating of Land Appraisal Intermediaries
Article 42 The credit rating of land appraisal institutions refers to the activity of objectively and comprehensively evaluating and determining the rating according to the enterprise reputation, business income, social contribution, scientific research ability, business completion, internal quality assurance system construction, personnel composition and operation status, the proportion of members and senior personnel, and the quality of land appraisal reports of registered land appraisal institutions.
Forty-third land appraisal industry associations at or above the provincial level are responsible for the credit rating of institutions registered in this association.
Article 44 The credit rating shall be objectively evaluated by experts organized by trade associations according to the rating indicators (the evaluation index system shall be formulated by China Land Appraisers Association).
Article 45 The credit rating organized by China Land Appraisers Association is referred to as "Grade A rating", and the credit rating of provincial land appraisal industry associations is referred to as "Grade B rating". Provincial land valuation industry associations may formulate detailed implementation rules according to regional characteristics, and the detailed implementation rules shall be reported to China Land Appraisers Association for the record.
Forty-sixth land appraisal institutions to implement dynamic management of credit rating, assessment once a year. A land appraisal institution established less than one year shall not assess the credit rating.
Forty-seventh credit rating results by the land appraisal industry association reported to the administrative department of land and resources for the record, and announced to the public on the website of the administrative department.
Institutions that did not participate in the credit rating evaluation were publicized as not rating.
Forty-eighth fraud, providing false credit rating materials, once found and verified, stop the credit rating once; Those that have been included in the credit rating list shall be revoked.
Article 49 If a land appraisal institution disagrees with the credit rating result, it may apply to the land appraisal industry association for reconsideration; if it still disagrees with the reconsideration result, it may appeal to the administrative department of land appraisal industry at or above the provincial level.
Chapter six? Penalty clause
Fiftieth unregistered land appraisal institutions shall not undertake appraisal business in the name of land appraisal institutions; Without permission, the land appraisal industry association shall report to the administrative department of land and resources and order it to stop its business activities. The administrative department of land and resources shall confiscate the illegal income and impose a fine of 1 times and 5 times of the illegal income, but the maximum amount shall not exceed 100000 yuan.
Article 51 Under any of the following circumstances, the Land Appraisal Industry Association shall order it to make corrections, give it a warning and report it to the administrative department of land and resources for a fine of 1 10,000-30,000 yuan:
(a) failing to submit materials to the land appraisal industry association at or above the provincial level in accordance with the provisions of these measures, or submitting false materials;
(2) Failing to withdraw the practice risk fund of the evaluation institution according to the provisions;
(3) Practicing fraud to set up branches;
(4) Undertaking land appraisal business by bribery;
(five) issued a false land valuation report;
(six) unfair competition, the charging standard is lower than 70% of the national charging standard;
(seven) does not comply with the provisions of these measures, did not apply to the local land appraisal industry association at or above the provincial level for rectification.
Fifty-second land appraisal intermediary institutions listed in article fifty-first, a total of three warnings, the provincial land appraisal industry association to cancel the registration of the agency. And report to the administrative department of land and resources and impose a fine of 50 thousand yuan.
Article 53 If the staff of state organs and land appraisal industry associations neglect their duties, abuse their powers or engage in malpractices for selfish ends in the supervision of land appraisal industry, which constitutes a crime, they shall be investigated for criminal responsibility according to law; If it does not constitute a crime, it shall be punished accordingly.
Chapter VII Supplementary Provisions
Fifty-fourth land appraisal institutions and their branches approved before the implementation of these measures do not fully meet the conditions stipulated in these measures, and shall meet the conditions stipulated in these measures before February 30, 2006. If it is not reached within the time limit, the qualification for practicing registration of the institution shall be cancelled.
Fifty-fifth land appraisal institutions before June 0, 2006, according to the corresponding conditions stipulated in these measures, the newly divided and renamed institutions can continue the scope of practice registered by the original institutions.
Article 56 These Measures shall be implemented as of June 6, 2006. The Interim Provisions on the Administration of Land Appraisal Institutions issued by the Ministry of Land and Resources 1993 in February shall be abolished at the same time. Where the corresponding management regulations issued by various localities are inconsistent with these measures, these measures shall prevail.
Article 57 The Ministry of Land and Resources shall be responsible for the interpretation of these Measures.