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	ADMINISTRATIVE MEASURES FOR THE QUALIFICATION ACCREDITATION OF PRICE ASSESSMENT INSTITUTIONS

	(Order No. 32 of the National Development and Reform Commission, June 22, 2005 The Administrative Measures for the Qualification Accreditation of Price Assessment Institutions, which were discussed and adopted at the director's executive meeting of the National Development and Reform Commission, are hereby promulgated and shall come into force as of July 1, 2005.)


SUBJECT : ACCREDITATION; PRICE ASSESSMENT; PRICE ASSESSMENT INSTITUTIONS
ISSUING DEPARTMENT : NATIONAL DEVELOPMENT AND REFORM COMMISSION OF THE PEOPLE'S REPUBLIC OF CHINA
ISSUE DATE : 06/22/2005
IMPLEMENT DATE : 07/01/2005
LENGTH : 2,938 words
TEXT :

Article 1. These Measures are formulated pursuant to the Price Law of the People's Republic of China, the Administrative License Law of the People's Republic of China, and the Decision of the State Council on Creating Administrative Licenses to Matters that Need to Remain Subject to Administrative Examination and Approval for the purpose of strengthening the qualification administration of price assessment institutions, regulating the qualification accreditation of price assessment institutions, safeguarding and supervising the lawful business operations of the price assessment institutions and promoting price assessment institutions to gradually establish a self-disciplined operational system.

Article 2. These Measures are applicable to the qualification accreditation and administration of price assessment institutions engaged in the price assessment business operations of all kinds of tangible properties, intangible properties or paid services. A price assessment institution shall, prior to the industrial and commercial registration, pass the qualification accreditation of price assessment institutions, unless it is otherwise prescribed by any state law or regulation.

Article 3. A gradation system shall be applied to the qualifications of price assessment institutions, which can be divided into grades A, B and C in terms of the conditions of price assessment institutions:

(1) A grade A price assessment institution may carry out the work relating to price assessment across the country;

(2) A grade B price assessment institution may carry out the work relating to price assessment within an administrative area at the provincial level (referring to the province, autonomous region or municipality directly under the Central Government, similarly hereinafter) where the said institution is located;

(3) A grade C price assessment institution may carry out the work relating to price assessment within the municipality (district) or county where the said institution is located.

Article 4. The qualification accreditation of grades A and B price assessment institutions shall be accepted and be subject to the preliminary examination of the price administrative department of each province, autonomous region or municipality directly under the Central Government, and be subject to examination and approval of the National Development and Reform Commission; the qualification accreditation of grade C price assessment institutions shall be subject to the examination and approval of the price administrative department of each province, autonomous region or municipality directly under the Central Government, and be reported to the National Development and Reform Commission for archival purposes.

Article 5. A grade C price assessment institution shall meet the following conditions:

(1) having basic qualification conditions for industrially and commercially registered enterprise legal persons;

(2) having the corresponding articles of association and necessary management system;

(3) having a fixed working place;

(4) having been subjected to the practicing qualification accreditation of price assessors by the National Development and Reform Commission, and having five or more professional price assessors that have obtained a Practicing Qualification Certificate for Price Assessors of the People's Republic of China;

(5) having secondary and senior professional technical personnel specialized in economics, accounting or other relevant engineering technology, who shall not be less than 30% of the actual total number of the enterprise's employees; and

(6) having a registered capital of not less than 200 thousand yuan.

Article 6. Apart from the conditions as prescribed in Items (1) up to (3) of Article 5 of these Measures, a grade B price assessment institution shall still meet the following conditions:

(1) having passed the practicing qualification accreditation of price assessors conducted by the National Development and Reform Commission, and having seven or more professional price assessors that have obtained a Practicing Qualification Certificate for Price Assessors of the People's Republic of China;

(2) having secondary and senior professional technical personnel specialized in economics, accounting or the engineering technology, and who shall not be less than 50% of the actual total number of the enterprise's employees; and

(3) having a registered capital of not less than 500 thousand yuan.

Article 7. Apart from the conditions as prescribed in Items (1) up to (3) of Article 5 of these Measures, a grade A price assessment institution shall still meet the following conditions:

(1) having passed the practicing qualification accreditation of price assessors conducted by the National Development and Reform Commission, and having ten or more professional price assessors that have obtained a Practicing Qualification Certificate for Price Assessors of the People's Republic of China;

(2) having secondary and senior professional technical personnel specialized in economics, accounting or other related engineering technology, and who shall not be less than 60% of the actual total number of the enterprise's employees, of which the senior professional technical personnel shall not be less than 15% of the actual total number of the enterprise's employees; and

(3) having a registered capital of not less than one million yuan.

Article 8. The following materials shall be submitted for applying for the accreditation of a price assessment institution's qualification grade:

(1) a completed Application Form for Administrative Licensing Matters of the National Development and Reform Commission of the People's Republic of China (Application for the Qualification Accreditation of Price Assessment Institutions);

(2) the materials that can prove that the requirements for industrial and commercial registration of enterprise legal persons are met;

(3) the credentials of practicing qualifications and technical titles of professional personnel of the price assessment institution;

(4) the articles of association and the relevant system of the price assessment institution; and

(5) an application form for the qualification accreditation of price assessment institutions.

Article 9. Apart from the materials as prescribed in Article 8, the materials on five or more typical price assessment cases and a qualification certificate for grade B or C price assessment institutions shall still be provided for applying for the qualification accreditation of grade A or B price assessment institutions.

Article 10. In case the application materials provided by an applicant for the qualification accreditation of price assessment institutions are complete and comply with the requirements as prescribed in these Measures, they shall be regarded as having been acceptedwhen they are received by the preliminary examination organ; in case the application materials are not complete or do not comply with the requirements as prescribed, the preliminary examination organ shall, on the spot or within five working days, notify the applicant of all the contents to be supplemented or corrected once and for all. If it fails to do so within the time limit, it shall be regarded as having accepted the application materials upon receipt.

Whether the preliminary examination organ accepts or refuses to accept the application filed by an applicant for the qualification accreditation, it shall issue a written voucher affixed with its special seal and the date.

Article 11. The preliminary examination organ for the qualification accreditation of grades A and B price assessment institutions shall, within 20 working days from the day when the application filed by an applicant for the qualification accreditation of price assessment institutions is accepted, complete the preliminary examination.

Article 12. The examination and approval organ for the qualification accreditation of grades A and B price assessment institutions shall, within 20 working days from the day when the preliminary examination opinions produced by the preliminary examination organ are received, make a decision on whether or not approve the qualification accreditation. If it cannot make a decision within 20 working days, the time limit may be extended for ten working days upon approval of the leader of the examination and approval organ for the qualification accreditation of price assessment institutions, and the applicant shall be notified of the reasons for the extension.

Article 13. In case the examination and approval organ for the qualification accreditation of price assessment institutions makes a decision on approval of the qualification accreditation, it shall issue and serve a corresponding Qualification Certificate for Price Assessment Institutions of the People's Republic of China to the applicant within ten working days; if it makes a written decision on disapproval of the qualification accreditation, it shall give reasons and notify the applicant of the right to apply for administrative reconsideration or file an administrative lawsuit.

Article 14. The Qualification Certificates for Price Assessment Institutions of the People's Republic of China shall be uniformly printed by the National Development and Reform Commission.

Article 15. The valid term of a qualification certificate for price assessment institutions shall be three years, and a price assessment institution shall, 30 days prior to the expiration of the valid term, file a new application for renewing the accreditation to the organ for qualification accreditation pursuant to the legal provisions. And an applicant for the qualification accreditation of price assessment institutions shall provide a working report for the recent three years, the personnel situation and the materials on five or more typical price assessment cases for a renewing its accreditation.

Article 16. In case any alteration occurs to the registered contents of a price assessment institution, it shall timely go through alteration formalities at the organ for the qualification accreditation.

Article 17. The National Development and Reform Commission and the price administrative department of each province, autonomous region or municipality directly under the Central Government shall publicize the basis, conditions, procedures, time limits, catalogue of all the materials that need to be submitted and the specimen of the application forms for the qualification accreditation of price assessment institutions at the public places. A decision on approval of the qualification accreditation of price assessment institutions shall be publicized at the websites of the National Development and Reform Commission and the price administrative department of each province, autonomous region or municipality directly under the Central Government.

Article 18. The price administrative department of the government shall strengthen the supervision and check over the professional operations of price assessment institutions, and shall timely correct the illegal or irregular acts, if any, committed in the professional operations of price assessment institutions.

Article 19. When conducting supervision and check over the price assessment institutions, the price administrative department of the government shall record down the relevant supervision and inspection and the handling results. The general public shall be entitled to consult the relevant notes.

Article 20. When conducting supervision and check over the price assessment institutions, the price administrative department of the government may consult or request a price assessment institution to faithfully provide the relevant conditions and materials.

Article 21. When conducting supervision and check, the price administrative department of the government may not hamper the normal business operations of any price assessment institution, nor may it ask for or accept any property of any price assessment institution or seek for any other interest.

Article 22. An individual or organization that finds any illegal activity as carried out by a price assessment institution shall be entitled to report it to the price administrative department of the government, which shall, according to the limit of administrative power, verify and handle it in a timely manner.

Article 23. If it is under any of the following circumstances, the National Development and Reform Commission or the price administrative department of each province, autonomous region or municipality directly under the Central Government may cancel a decision on approving the qualification accreditation of a price assessment institution, take back the Qualification Certificate for Price Assessment Institutions of the People's Republic of China, and publicize it on the websites of the National Development and Reform Commission and the price administrative department of the corresponding province, autonomous region or municipality directly under the Central Government:

(1) A decision on approving the qualification accreditation of a price assessment institution is made to an applicant that does not comply with the statutory conditions, or a decision on the qualification accreditation of a price assessment institution is made by overstepping the statutory functions;

(2) A price assessment institution obtains a decision on approving the qualification accreditation of a price assessment institution by fraud, bribery or any other unjustifiable means; or

(3) Any other circumstance under which a decision on approving the qualification accreditation of a price assessment institution shall be cancelled.

Article 24. If it is under any of the following circumstances, the examination and approval organ for the qualification accreditation of price assessment institutions shall handle the formalities on canceling the qualification of a relevant price assessment institution:

(1) The valid term of the qualification certificate for a price assessment institution expires but the said institution has not been accredited again pursuant to the legal provisions;

(2) The legal-person qualification of the price assessment institution has been terminated according to law;

(3) The decision on approving the qualification accreditation for the price assessment institution has been cancelled according to law; or

(4) Any other circumstance as prescribed by any law or regulation.

Article 25. If an organ for the qualification accreditation of price assessment institutions or any of its functionaries violates these Measures and is under any of the following circumstances, it/he shall be ordered to make corrections by the administrative organ at the next higher level or the supervision organ; if the circumstances are serious, the person-in-charge or any other person held to be directly responsible shall be subject to administrative sanctions, and shall be subject to criminal liabilities if any crime is constituted:

(1) failure to accept an application for the qualification accreditation of price assessment institutions that accords with the statutory conditions;

(2) failure to make a decision on approving the qualification accreditation of a price assessment institution within the statutory time limit for an applicant that complies with the statutory conditions;

(3) making a decision on approving the qualification accreditation of price assessment institutions for an applicant that does not comply with the statutory conditions or making a decision on approving the qualification accreditation of price assessment institutions by overstepping the statutory functions;

(4) failure to publicize, at the public places, the materials that shall be publicized;

(5) failure to perform the legal duty of notification to the applicant or any interested party during the course of accepting, examining or deciding the qualification accreditation of price assessment institutions;

(6) failure to make a one-off notification to an applicant of all the contents that shall be supplemented or corrected if the application materials submitted by the applicant are not complete or do not comply with the legal provisions; or

(7) failure to explain the reasons for refusing to accept an application for the qualification accreditation of price assessment institutions or disapproving the qualification accreditation of price assessment institutions.

Article 26. In case a functionary of the organ for the qualification accreditation of price assessment institutions seeks for or accepts any property of any other person or seeks for any other interest when carrying out qualification accreditation of price assessment institutions or carrying out supervision or check, and a crime is thus constituted, he shall be subject to criminal liabilities; and if no crime is constituted, he shall be subject to administrative sanctions.

Article 27. In case an organ for the qualification accreditation of price assessment institutions illegally charges fees for conducting the qualification accreditation of price assessment institutions, the administrative organ at the next higher level or the supervision organ shall order it to refund the illegally charged fees, and the person-in-charge or any other person held to be directly responsible shall be subject to administrative sanctions.

Article 28. In case an applicant for the qualification accreditation of price assessment institutions disguises the relevant information or provides false materials for applying for the qualification accreditation of price assessment institutions, the organ for the qualification accreditation of price assessment institutions shall not accept or approve the qualification accreditation of price assessment institutions and shall give a warning to the applicant.

Article 29. In case a price assessment institution commits any of the following acts, the examination and approval organ for the qualification accreditation of price assessment institutions shall give it an administrative punishment:

(1) an applicant for the qualification accreditation of price assessment institutions obtains a decision on approving the qualification accreditation of price assessment institutions by fraud, bribery or any other unjustifiable means;

(2) altering, scalping, leasing, lending or illegally transferring the Qualification Certificate for Price Assessment Institutions of the People's Republic of China;

(3) practicing by exceeding the certified practicing scope;

(4) disguising relevant information, providing false materials or refusing to provide true materials that can reflect its business operations to the administrative organ that is responsible for supervision and check; or

(5) any other illegal act as prescribed by any law, regulation or rule.

Article 30. In case an institution illegally conducts any price assessment that shall be subject to administrative licensing and charges fees for price assessment when such an administrative licensing has not been obtained, the price administrative department of the government shall take measures to stop it and give it an administrative sanction; if a crime is constituted, it shall be subject to criminal liabilities.

Article 31. The expenditure necessary for the qualification accreditation and administration of price assessment institutions shall be allotted by the public finance department at the corresponding level in accordance with the provisions.

Article 32. The qualification accreditation and administration of grade C price assessment institutions shall be conducted by the price administrative department of each province, autonomous region or municipality directly under the Central Government by reference to these Measures. And the price administrative department of each province, autonomous region or municipality directly under the Central Government may, in accordance with these Measures, formulate detailed rules for implementation.

Article 33. The power to interpret these Measure shall remain with the National Development and Reform Commission.

Article 34. These Measures shall come into force as of July 1, 2005. In case any relevant provision as prescribed by the former State Planning Commission conflicts with these Measures, the latter shall prevail.