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hapter I General Provisions Article 1 For the purposes of strengthening the administration of certified real estate appraisers, improving the real estate appraisal system and the system for the certification of the qualifications of real estate appraisers, regulating the practice of certified real estate appraisers, protecting the public interests and maintaining the order of the real estate appraisal market, these Measures are formulated in accordance with the Law of the People¡¯s Republic of China on Urban Real Estate Administration, the Administrative License Law of the People¡¯s Republic of China, other relevant laws and administrative regulations. Article 2 The registration, practice, continuing education, supervision and administration of certified real estate appraisers within the territory of the People¡¯s Republic of China shall be governed by these Measures. Article 3 The term ¡°certified real estate appraisers¡± as mentioned in these Measures refers to the persons who have obtained the practicing qualifications of certified real estate appraisers of the People¡¯s Republic of China (hereinafter referred to as practicing qualifications) after passing the national examination for the practicing qualifications of real estate appraisers or passing the qualification certification or passing the mutual certification of qualifications, and have obtained a registration certificate of real estate appraiser of the People¡¯s Republic of China (hereinafter referred to as registration certificates) according to these Measures, and are engaged in the activities of real estate appraisal. Article 4 The certified practice management system shall be adopted for certified real estate appraisers. Anyone who has obtained a qualification certificate shall not practice in the name of a certified real estate appraiser until he has completed the registration formalities. Article 5 The construction administrative department of the State Council shall exercise uniform supervision and administration over the registration and practice of certified real estate appraisers throughout the country. The construction (real estate) administrative department of the people¡¯s government of a province, autonomous region, or municipality directly under the Central Government shall exercise supervision and administration over registration and practice of certified real estate appraisers within its administrative area. The construction (real estate) administrative department of the people¡¯s government of a city, county or district under a city shall exercise supervision and administration over registration and practice of certified real estate appraisers within its administrative area. Article 6 The trade organizations of real estate appraisal shall intensify the self-discipline management of real estate appraisers. Real estate appraisers are encouraged to join the trade organizations of real estate appraisal. Chapter II Registration Article 7 A certified real estate appraiser shall meet the following registration conditions: (1)Having obtained the practicing qualifications; (2)Satisfying the continuing education requirements; (3)Being hired by a qualified real estate appraisal institution; and (4)Not being under any of the circumstances of denial of registration as described in Article 14 of these Measures. Article 8 To apply for registration, an applicant shall file a registration application to the construction (real estate) administrative department of the people¡¯s government of the province, autonomous region, or municipality directly under the Central Government where the industrial and commercial registration place of the employing entity or its branch is located. For an initial application for registration, the construction (real estate) administrative department of the province, autonomous region, or municipality directly under the Central Government shall finish the examination within 20 days after the date of acceptance of the application and shall submit the application materials and the preliminary examination opinions to the construction administrative department of the State Council. The construction administrative department of the State Council shall make a decision within 20 days after the date of acceptance. For an application for modifying or renewing the registration, the construction (real estate) administrative department of the province, autonomous region, or municipality directly under the Central Government shall finish the examination within 5 days after the date of acceptance of the application and shall submit the application materials and the preliminary examination opinions to the construction administrative department of the State Council. The construction administrative department of the State Council shall make a decision within 10 days after the date of acceptance. For the initial registration, or modification and renewal of the registration of certified real estate appraisers, the system of on-line application, acceptance, examination and approval shall be adopted step by step. Article 9 A registration certificate is the practicing certification of a certified real estate appraiser and is valid for 3 years. Article 10 To apply for initial registration, an applicant shall submit the following materials: (1)An initial registration application; (2)A photocopy of his practicing qualification certificate and identity certificate; (3)A photocopy of the employment contract concluded between him and the employing entity; (4)If the applicant applies for the initial registration after the lapse of more than 3 years after the obtainment of practicing qualifications, he shall provide materials to certify that he satisfies the continuing education requirements; and (5)A certification which states that the employing entity entrusts the talents service center to manage his personal archives and a photocopy of the voucher for the payment of social insurance premiums, or photocopy of the retiree certificate issued by the labor or personnel department, or photocopy of the employment certificate of the applicant who is an alien or who comes from Taiwan, Hong Kong or Macao. Article 11 In case a certified real estate appraiser needs to continue his practice after the valid registration term expires, he shall, not later than 30 days prior to the expiration of the valid registration period, apply for renewal of registration under Article 8 of these Measures. The renewed registration shall be valid for 3 years. An applicant shall submit the following materials for the renewal of registration: (1)An application for the renewal of registration of the certified real estate appraiser; (2)A photocopy of the labor contract concluded between him and the employing entity; and (3)The certification materials, which prove that he conforms to the continuing education requirements within the valid registration period. Article 12 Where a certified real estate appraiser changes his practicing entity, he shall cancel the employment contract concluded between him and the former employing entity and shall go through the registration modification formalities under Article 8 of these Measures. The former registration period shall remain valid after the registration is modified. An applicant shall submit the following materials for modifying the registration: (1)An application for modifying the registration of the certified real estate appraiser; (2)A photocopy of the employment contract concluded between him and the new employing entity; (3)A certification document on the cancellation of the employment contract concluded between him and the former employing entity; and (4) A certification which states that the employing entity entrusts the talents service center to manage his personal archives and a photocopy of the voucher for the payment of social insurance premiums, or photocopy of the retiree certificate issued by the labor or personnel department, or photocopy of the employment certificate of the applicant who is an alien or who comes from Taiwan, Hong Kong or Macao. Article 13 Where anyone who has obtained the practicing qualifications applies for practice in a newly established real estate appraisal institution or branch, he shall go through the registration formalities when applying for the qualifications of the real estate appraisal institution or when going through the formalities for the archival filing of the branch. Article 14 Where an applicant is under any of the following circumstances, his registration application shall be disapproved: (1) He does not have complete civil capacity; (2) He has been given a criminal punishment, and the execution of criminal punishment to him has not been finished; (3)He is given a criminal punishment due to his real estate appraisal practices and other relevant activities, and five years have not elapsed from the termination date of execution of the criminal punishment to the date of registration application; (4) He is given a criminal punishment for any reason other than those prescribed in the preceding item, and three years have not elapsed from the date of determination of punishment to the date of registration application; (5) Three years have not elapsed from the date of determination of punishment to the date of registration application after his registration certificate is revoked; (6)Three years have not elapsed from the date of revocation of his real estate appraiser registration obtained by way of cheating, bribery or other improper means; (7) He concurrently applies for practicing in two or more entities; (8)He is an incumbent civil servant; (9) He is over 65 years old; or (10) Any other circumstance as prescribed in any law or regulation under which the registration shall be disapproved. Article 15 Where a certified real estate appraiser is under any of the following circumstances, his registration certificate shall be invalidated: (1) His employing entity goes bankrupt; (2) The business license of his employing entity is revoked; (3) The qualification certificate of his employing entity is revoked or cancelled; (4) The employment contract concluded between him and his employing entity has been canceled and he has not been hired by any other real estate appraisal institution yet; (5) The valid registration term has expired and he fails to go through the formalities for the renewal of registration; (6) He is over 65 years old; (7) He is dead or loses full civil capacity; or (8) Any other circumstance that will cause the invalidation of the registration. Article 16 A certified real estate appraiser who is under any of the following circumstances shall timely file a deregistration application to the construction department of the State Council and hand back the registration certificate. The construction administrative department of the State Council shall complete the deregistration formalities and announce the invalidation of his registration certificate: (1) Any of the circumstances mentioned in Article 15 of these Measures occurs; (2) His registration has been revoked in accordance with the law; (3) His registration certificate has been revoked in accordance with the law; (4) He is subject to criminal punishment; or (5) Any other circumstance prescribed by any law or regulation under which the registration shall be revoked. Where a certified real estate appraiser is under any of the circumstances as mentioned in the preceding paragraph, the relevant entities and individuals may expose such case to the construction administrative department of the State Council, and the construction (real estate) administrative department of the local people¡¯s government at or above the county level shall timely report it to the construction administrative department of the State Council. Article 17 As for a person who is deregistered or whose registration application is disapproved, he may reapply for registration in accordance with Article 8 (1) and (2) of these Measures when he meets the registration conditions. Article 18 In the event that a certified real estate appraiser loses his registration certificate, after he publishes a loss declaration on a public medium, he shall apply for a new one in accordance with paragraphs 1 and 3 of Article 8 of these Measures. ¡¡ ¡¡ Chapter III Practice Article 19 For a person who has obtained the practicing qualifications, he shall not engage in the real estate appraisal activities until he has been hired by a qualified real estate appraisal institution and has been registered. Article 20 A certified real estate appraiser may carry out real estate appraisal activities according to the business scope of the employing entity. Article 21 Where a certified real estate appraiser engages in corresponding practices, the employing entity shall accept entrustments and charge fees in a centralized manner. Article 22 Where any economic loss is caused to the party concerned during the process of real estate appraisal, if the employing entity shall bear the liability for compensation in accordance with the law, it may demand the certified real estate appraiser at fault to repay the compensation. Article 23 A certified real estate appraiser shall, within each valid registration period, meet the continuing education requirements as prescribed by the construction administrative department of the State Council. The continuing education includes compulsory courses and selective courses, both cover 60 class hours during each valid registration period. If a certified real estate appraiser meets the continuing education requirements, he shall be granted a continuing education compliance certificate. The China Institute of Real Estate Appraisers and Agents shall be responsible for organizing the continuing education of certified real estate appraisers. Article 24 A certified real estate appraiser shall be entitled to enjoy the following rights: (1) To use the title of certified real estate appraiser; (2) To practice within the prescribed scope; (3) To sign real estate appraisal reports; (4) To promote the establishment of real estate appraisal institutions; (5) To keep and use his own registration certificate; (6)To make explanations about and defend his own practice; (7) To receive continuing education; (8)To get corresponding labor remunerations; and (9) To petition against any act infringing upon his rights. Article 25 A certified real estate appraiser shall perform the following obligations: (1) To comply with the laws, regulations and relevant administrative provisions and abide by the professional ethics; (2) To implement the technical norms and criterions on real estate appraisal; (3) To ensure the objectiveness and impartiality of the appraisal results and bear corresponding liabilities; (4) To keep confidential the state secrets as well as the business and technological secrets of others, to which he accesses in his practice; (5) To voluntarily disqualify him from the real estate appraisal if he has any interests with the party involved; (6) To receive continuing education and try every effort to enhance his practicing level; and (7) To assist the registration administrative department to complete the relevant work. Article 26 No real estate appraiser may commit any of the following acts: (1) Not performing the duties of the certified constructor; (2) Extorting, accepting bribes in his practice or seeking other interests, which are not stipulated in the contract; (3) Resorting to commercial bribes in his practice; (4) Signing unqualified documents such as those containing any false record, misleading statement or serious omission; (5)Concealing or distorting the fact in any appraisal report; (6) Permitting someone else to practice in his own name; (7) Practicing as a certified real estate appraiser concurrently in two or more entities; (8) Undertaking any real estate appraisal business in his own name; (9)Altering, leasing, lending or illegally transferring his qualification certificate, registration certificate to others by any other means; (10) Practicing by exceeding the scope of professional practice or the business scope of the employing entity; (11) Grossly impairs the interests or reputation of others; or (12)Any other act prohibited by any law, regulation or rule. Chapter IV Supervision and Administration Article 27 The construction (real estate) administrative departments of the people¡¯s government at the county level or above shall, in accordance with the relevant laws, administrative regulations and these Measures, carry out supervision and inspection on the registration, practice and continuing education of certified real estate appraisers. Article 28 The construction administrative department of the State Council shall notify the construction (real estate) administrative departments of the provinces, autonomous regions, and municipalities directly under the Central Government of the information about the registration of certified real estate appraisers. The construction (real estate) administrative department of a province or autonomous region shall notify the construction administrative departments of the people¡¯s governments of the cities and counties within its administrative area of the information about the registration of certified real estate appraisers. The construction (real estate) administrative department of the people¡¯s government of a municipality directly under the Central Government shall notify the construction (real estate) administrative departments of the people¡¯s governments of the cities, counties, districts under a city within its administrative area of the information about the registration of certified real estate appraisers. Article 29 When the construction (real estate) administrative department of the people¡¯s government at or above the county level performs the duty of supervision and inspection, it shall have the power to take the measures as follows: (1) To require the person under inspection to show his registration certificate; (2) To require the employing entity under inspection to provide the appraisal reports and relevant business archives signed by the relevant persons; (3) To inquire the persons who signed the appraisal reports about the relevant issues; and (4)To correct violations of any law, regulation, these Measures or appraisal norms and criterions. Article 30 Where any certified real estate appraiser commits any illegal act of real estate appraisal, the construction (real estate) administrative department of the people¡¯s government of the municipality directly under the Central Government, city, county or district under a city where the illegal act is committed shall make investigations and punish him in pursuance of the law and shall notify the construction (real estate) administrative department of the province, autonomous region, or municipality directly under the Central Government where the said certified real estate appraiser was registered of the illegal facts and punishment results. If the registration shall be revoked according to law, the illegal facts, punishment suggestions and relevant materials shall be submitted to construction administrative department of the State Council. Article 31 Under any of the following circumstances, the construction administrative department of the State Council may, according to its power or at the request of any interested party, revoke the registration of a certified real estate appraiser: (1) The functionary of the registration department approves the registration by abusing his power or neglecting his duties; (2) The functionary of the registration department approves the registration by exceeding the statutory power; (3) The functionary of the registration department approves the registration by violating the statutory procedures; (4) The functionary of the registration department approves the registration of an applicant who does not meet statutory requirements; or (5) Any other circumstance under which the registration may be revoked. In case an applicant obtains the registration by cheating, bribery or any other improper means, his registration shall be revoked. Article 32 A certified real estate appraiser and the employing entity shall, according to the relevant requirements, submit to the registration department truthful, accurate and complete information about the credit archives of the certified real appraiser. The credit archives of a certified real appraiser include his basic information, performances, good conducts and bad conducts. The information about his violations, punishments given to him due to tip-offs or complaints, administrative sanctions given to him, etc. shall be recorded as bad conducts in his credit archives. The information about the credit archives of certified real estate appraisers shall be announced to the general public according to the relevant provisions. Chapter V Legal Liabilities Article 33 Anyone who applies for registered as a certified real estate appraiser by concealing relevant information or providing false materials shall be rejected or shall not be granted an administrative license and shall be given a warning by the construction (real estate) administrative department; moreover, he shall not re-apply for being registered as a certified real estate appraiser within 1 year. Article 34 If the employing entity provides any false registration materials for an applicant, the construction (real estate) administrative department of the people¡¯s government of the province, autonomous region, or municipality directly under the Central Government shall give it a warning and may fine it not less than 10, 000 yuan but not more than 30, 000 yuan. Article 35 Where a person obtains a registration certificate by cheating, bribery or any other improper means, the construction administrative department of the State Council shall revoke his registration, he shall not reapply for registration within 3 years and the construction (real estate) administrative department of the local people¡¯s government at or above the county level shall give him a pecuniary punishment. If there are no illegal gains, he shall be fined 10, 000 yuan. If there is illegal income, he shall be fined not more than 3 times the amount of the illegal gains and not more than 30, 000 yuan. If any crime is constituted, he shall be subject to the criminal liabilities. Article 36 Where a person, without obtaining a qualification certificate, violates these Measures due to engaging in real estate appraisal activities in the name of a certified real estate appraiser, the appraisal documents he has signed shall be invalidated, and he shall be given a warning, be ordered to stop the violation and be fined 10,000 yuan up to 30, 000 yuan by the construction (real estate) administrative department of the local people¡¯s government at the county level or above. If any loss has been caused, he shall be liable for the compensation. Article 37 For anyone who violates these Measures due to continuing his practice without modifying his registration, the construction (real estate) administrative department of the people¡¯s government at or above the county level shall order him to make a correction within a time limit. If he fails to do so within the time limit, it may fine him 5, 000 yuan or less. Article 38 Where a certified real estate appraiser commits any of the acts as described in Article 26 of these Measures, the construction (real estate) administrative department of the local people¡¯s government at or above the county level shall give him a warning and order him to make a correction. If there are no illegal gains, it shall fine him 10, 000 yuan or less. If there are illegal gains, it shall fine him not more than 3 times the amount of the illegal gains and not more than 30, 000 yuan. If any loss is caused, he shall be liable for the compensation. If any crime is constituted, he shall be subject to criminal liabilities. Article 39 Where a certified real estate appraiser or the employing entity violates these Measures due to failure to provide the information about his credit archives, the construction (real estate) administrative department of the local people¡¯s government at or above the county level shall order him or it to make a correction within a time limit. If he or it fails to do so within the time limit, it may fine him or it not less than 1, 000 yuan but not more than 10, 000 yuan. Article 40 If the construction (real estate) administrative department of a local people¡¯s government at or above the county level imposes an administrative punishment on a certified real estate appraiser or the employing entity, it shall submit the decision of administrative punishment, reasons and basis for the administrative punishment to the construction administrative department of the State Council for archival purposes. Article 41 Where any construction (real estate) administrative department of the people¡¯s government at or above the county level is under any of the following circumstances in the administration of registration of certified real estate appraisers, the administrative organ at the next higher level or the supervision organ shall order it to make a correction and shall give a sanction to the person-in-charge and other directly liable persons. If any crime is constituted, he shall be subject to criminal liabilities: (1) Approving the registration of an applicant who does not meet the statutory conditions as a certified real estate appraiser; (2) Rejecting the registration of an applicant who meets the statutory conditions as a certified real estate appraiser or failing to make a decision on approval of registration within the statutory time limit; (3) Refusing to accept any application that meets the statutory conditions or failing to finish the preliminary examination of such an application within the prescribed time limit; (4)Accepting property or other benefits of others by taking the advantage of his position; or (5) Failing to perform his supervisory or administrative duties or conducting poor supervision, and causing serious consequences. Chapter VI Supplementary Provisions Article 42 Where any person who engages in real estate teaching or research in a college or university or scientific research institute obtains the practicing qualifications, he may, upon permit of the entity for which he works, be registered according to the these Measures, but he shall not act as the legal representative or executive partner of any real estate appraisal institution. Article 43 These Measures shall come into force as of March 1, 2007. The Measures for the Registration of Real Estate Appraisers promulgated on August 20, 1998 (Order No. 64 of the Ministry of Construction) and the Decision of the Ministry of Construction on Revising the Administrative Measures for the Registration of Certified Real Estate Appraisers (Order No. 100 of the Ministry of Construction) promulgated on August 15, 2001 shall be repealed simultaneously. |
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