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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 administration of practicing qualifications of price assessors, regulating the accreditation of practicing qualifications of price assessors, safeguarding and supervising the lawful operations of price assessors. Article 2. These Measures are applicable to the accreditation and administration of practicing qualifications of price assessors that conduct price assessment of tangible properties, intangible properties or services involving any state interest or public interest. No registered price assessor needs to be accredited, unless it is otherwise prescribed by any state law or regulation. Article 3. The accreditation of practicing qualifications of price assessors shall be in the charge of the National Development and Reform Commission and the price administrative department of each province, autonomous region or municipality directly under the Central Government. The accreditation of practicing qualifications of price assessors that have obtained the professional qualifications for price assessment from the relevant state department shall be subject to 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 accreditation of practicing qualifications of price assessors that have obtained the professional qualifications for price assessment from the relevant department of each province, autonomous region or municipality directly under the Central Government shall be subject to 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 4. The following conditions shall be met for the accreditation of practicing qualifications of price assessors: (1) having obtained any of the following professional qualification certificates: 1. having passed the uniform national examination as organized by the Ministry of Personnel and obtaining a professional qualification certificate for price assessment; 2. having obtained a professional qualification certificate for price assessment as issued by the National Development and Reform Commission or the price administrative department of each province, autonomous region or municipality directly under the Central Government; 3. having obtained a professional qualification certificate for price assessment as issued by the relevant administrative department of professional operations under the State Council; or 4. having obtained a professional qualification certificate for price assessment as issued by the state or provincial trade association and having been found to be qualified upon examination by the National Development and Reform Commission or the price administrative department of each province, autonomous region or municipality directly under the Central Government; and (2) being examined and approved by the entity for which he works. Article 5. In case any condition for the accreditation of practicing qualifications of price assessors as prescribed in Article 4 of these Measures is not met or if it is under any of the following circumstances, the accreditation of practicing qualifications of price assessors shall be disapproved: (1) having been subjected to a criminal punishment and filing an application for the accreditation of practicing qualifications within five years from the day when the execution of the criminal punishment is completed; (2) having been subjected to an administrative sanction, a punishment of dismissal or a more serious punishment due to any mistake in price assessment or any other relevant professional operation, and filing an application for the accreditation of practicing qualifications within two years form the day when the punishment or sanction is imposed; (3) providing false application materials; or (4) any other circumstance as prescribed by any relevant law or administrative regulation under which the accreditation of practicing qualifications shall be disapproved. Article 6. When applying for the accreditation of practicing qualifications, a price assessor shall provide the following materials: (1) an Application Form for Administrative Licensing Matters of the National Development and Reform Commission of the People's Republic of China (Application for the Accreditation of Practicing Qualification of Price Assessors); (2) a professional qualification certificate for price assessment; (3) a certificate of examination and approval as produced by the entity where he works; and (4) the photocopy of his identification card or passport. Article 7. In case the application materials provided by an applicant for the accreditation of practicing qualifications of price assessors 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 for the accreditation of practicing qualifications of price assessors; in case the application materials are not complete or do not comply with the requirements as prescribed in these Measures, the preliminary examination organ for the accreditation of practicing qualifications of price assessors 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. In case the preliminary examination organ for the accreditation of practicing qualifications of price assessors refuses to accept the application filed by an applicant for the accreditation of practicing qualifications, it shall issue a written voucher affixed with its special seal and the date. Article 8. The preliminary examination organ for the accreditation of practicing qualifications of price assessors shall, within 20 working days from the day when the application filed by an applicant is accepted, complete the preliminary examination. Article 9. The examination and approval organ for the accreditation of practicing qualifications of price assessors shall, within 20 working days from the day when the preliminary examination opinions produced by the preliminary examination organ for the accreditation of practicing qualifications of price assessors are received, make a decision on whether or not approve the 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 accreditation of practicing qualifications of price assessors, and the applicant shall be notified of the reasons for the extension. Article 10. In case the examination and approval organ for the accreditation of practicing qualifications of price assessors makes a decision on approving the qualification accreditation, it shall issue and serve a corresponding Practicing Qualification Certificate for Price Assessors of the People's Republic of China to the applicant within ten working days; if it makes a written decision on disapproving 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 11. The Practicing Qualification Certificates for Price Assessors of the People's Republic of China shall be uniformly printed by the National Development and Reform Commission. Article 12. The valid term of a practicing qualification certificate for price assessors shall be three years, and a price assessor shall, 30 days prior to the expiration of the valid term, file a new application for renewing the accreditation of practicing qualifications of price assessors to the organ for the accreditation of practicing qualifications of price assessors pursuant to the provisions. Article 13. In case any alteration occurs to the accredited contents of the practicing qualification of a price assessor, he shall timely go through the alteration formalities at the organ for the accreditation of practicing qualifications of price assessors. Article 14. 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 application forms at the public places. The name list of price assessors for which the accreditation of practicing qualifications is approved shall be publicized at 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. Article 15. The price administrative department of the government shall strengthen its supervision and check over the professional operations of price assessors, and record down the relevant inspection conditions and handling results. The general public shall be entitled to consult the relevant notes. Article 16. When conducting supervision and check over the professional operations of price assessors, the price administrative department of the government may consult or request a price assessor to faithfully provide the relevant conditions and materials. Article 17. When conducting supervision and check, the price administrative department of the government may not hamper the normal professional operations of price assessors, nor may it ask for or accept they property of any price assessor or seek for any other interest. Article 18. An individual or organization that finds any illegal activity as carried out by a price assessor shall be entitled to report it to the price administrative department of the government, and the examination and approval organ for the accreditation of practicing qualifications of price assessors shall verify and handle it on a timely manner. Article 19. If it is under any of the following circumstances, the examination and approval organ for the accreditation of practicing qualifications of price assessors shall cancel a decision on approving the accreditation of practicing qualifications of price assessors, take back the Practicing Qualification Certificate for Price Assessors 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 correspondign province, autonomous region or municipality directly under the Central Government: (1) A functionary of the examination and approval organ for the accreditation of practicing qualifications of price assessors makes a decision on approving the accreditation of practicing qualifications of price assessors to an applicant that does not comply with the conditions for the accreditation of practicing qualifications of price assessors; (2) A price assessor obtains a decision on approving the accreditation of practicing qualifications of price assessors by fraud, bribery or any other unjustifiable means; or (3) Any other circumstance under which a decision on approving the accreditation of practicing qualifications of price assessors shall be cancelled. Article 20. If it is under any of the following circumstances, the examination and approval organ for the accreditation of practicing qualifications of price assessors shall handle the formalities on canceling the practicing qualification of a relevant price assessor: (1) The valid term of the practicing qualification certificate for price assessors expires but no new accreditation has been conducted pursuant to the legal provisions; (2) A price assessor has lost civil capacity; (3) The decision on approval of the accreditation of practicing qualifications of price assessors has been cancelled according to law; or (4) Any other circumstance as prescribed by any law or regulation under which the practicing qualification for price assessors is cancelled. Article 21. If an organ for the accreditation of practicing qualifications of price assessors or any of its functionaries violates the Administrative License Law 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 by 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 accreditation of practicing qualifications of price assessors that accords with the statutory conditions or failure to make a decision on approving the accreditation of practicing qualifications of price assessors within the statutory time limit; (2) failure to publicize, at the public places, the materials that shall be publicized; (3) failure to perform the legal duty of notification to the applicant or any interested party during the course of the accreditation of practicing qualifications of price assessors; (4) 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 an applicant are not complete or do not comply with the provisions; (5) failure to explain the reasons for refusing to accept an application for the accreditation of practicing qualifications of price assessors or disapproving the accreditation of practicing qualifications of price assessors; (6) making a decision on the accreditation of practicing qualifications of price assessors by overstepping its/his statutory authorities; or (7) seeking for or accepting properties of any other or seeking for any other interest when carrying out the accreditation of practicing qualifications of price assessors or carrying out the supervision or check. Article 22. In case an examination and approval organ for the accreditation of practicing qualifications of price assessors illegally charges fees for the accreditation of practicing qualifications of price assessors, 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 23. In case an organ for the accreditation of practicing qualifications of price assessors fails to perform the supervision duty or exercises the supervision inefficiently and causes serious consequences, the administrative organ at the next higher level or the supervision organ shall order it to make corrections, 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 a crime is constituted. Article 24. In case an applicant for the accreditation of practicing qualifications of price assessors disguises the relevant information or provides false materials for applying for the accreditation of practicing qualifications of price assessors, the organ for the accreditation of practicing qualifications of price assessors shall not accept or approve the accreditation of practicing qualifications of price assessors and shall give a warning to the applicant. Article 25. In case a price assessor that has obtained a Practicing Qualification Certificate for Price Assessors of the People's Republic of China commits any of the following acts, the organ for the accreditation of practicing qualifications of price assessors shall give him an administrative punishment; if a crime is constituted, he shall be subject to criminal liabilities: (1) altering, scalping, leasing, lending or illegally transferring the Practicing Qualification Certificate for Price Assessors of the People's Republic of China; (2) practicing by exceeding the certified practicing scope; (3) disguising the relevant information, providing false materials or refusing to provide true materials that can reflect his professional operations to the administrative organ that is responsible for supervision and check; or (4) any other illegal act as prescribed by any law, regulation or rule. Article 26. In case a person illegally conducts the price assessment when it has not been accredited to do so by the examination and approval organ for the accreditation of practicing qualifications of price assessors, the price administrative department of the government shall take measures to stop it and give him an administrative sanction; if a crime is constituted, he shall be subject to criminal liabilities. Article 27. The expenditure necessary for the accreditation and administration of practicing qualifications of price assessors shall be allotted by the public finance department at the corresponding level in accordance with the provisions. Article 28. The power to interpret these Measure shall remain with the National Development and Reform Commission. Article 29. 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. |
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