The Ministry of Natural Resources has sorted out and clarified the scope of statutory assessments in the field of natural resources.
Release time:
2016-12-07
Source:
Just 12 Moon 1 With the implementation of the “Asset Valuation Law” in Japan, the Ministry of Natural Resources recently issued a notice to local natural resources departments, as well as to the China Association of Land Appraisers and Land Registration Agents and the China Association of Mineral Rights Appraisers, requiring natural resources departments at all levels to firmly establish... “ Boundary awareness ” It is strictly prohibited to impose restrictions on the lawful business activities of appraisal institutions. Any personnel or financial ties between appraisal institutions and appraisal industry associations must be eliminated. Appraisal institutions must not be solicited for business by virtue of official authority. Furthermore, the scope of statutory appraisals in the field of land and resources should be promptly reviewed and clearly defined.
Land valuation and mining rights assessment are important components of asset valuation, regulated by the "Asset Valuation Law." They play a crucial role in promoting the market-oriented allocation of resources and safeguarding the legitimate rights and interests of land right holders and mining rights holders. As such, they have become an indispensable intermediary industry for China’s economic and social development. The notice points out that the "Asset Valuation Law" legally recognizes the current system of managing the valuation industry according to professional categories and clearly stipulates: “ Relevant assessment and administrative departments under the State Council shall, in accordance with their respective responsibilities, exercise supervision and management over the assessment industry. ” Thus, for the first time at the legal level, it has been clearly defined that the competent department of land and resources is the supervisory and administrative authority for land valuation and mineral rights assessment.
The “Asset Valuation Law” has lowered the entry barriers for practitioners, emphasized the special requirements for statutorily mandated valuation services, clarified the legal status of industry associations, and strengthened the regulatory responsibilities of administrative authorities. The notice requires that land and resources authorities at all levels earnestly fulfill their statutory duties and intensify supervision and management of the valuation industry in accordance with the law. First, we must strengthen the development of supporting regulations and rules, study, revise, and improve the basic guidelines for land valuation and mineral rights valuation, and standardize professional ethics, valuation procedures, application of valuation methods, and disclosure of valuation information. Second, we must promptly formulate measures for supervision and management. Third, we must intensify oversight of land valuation and mineral rights valuation activities; land and resources authorities at or above the prefectural-level shall investigate and punish, in accordance with the law, any violations of the “Asset Valuation Law.” The Ministry and provincial-level land and resources authorities shall strengthen their supervision over industry associations and promptly investigate and handle complaints and reports. Fourth, we must standardize the supervisory and management practices of land and resources authorities.
Regarding the strengthening of the management of assessment institutions and assessment professionals, the notice emphasizes that no one shall obstruct or restrict assessment professionals from conducting assessment activities in accordance with the law. Assessment professionals engaging in assessment services must join an assessment institution and may only carry out their work within a single assessment institution. We will firmly put an end to... “ Hanging the certificate ” The following actions are prohibited: employing deceptive, inducive, coercive, maliciously low-bidding, rebate-paying, or disparaging and defamatory practices to solicit business; and signing or issuing false appraisal reports. Appraisal institutions must establish and improve robust quality control systems and strictly implement the filing system for appraisal institutions.
The Ministry of Natural Resources also requires that the study and publicity of the “Asset Valuation Law” be incorporated into... “ Seventy-five ” Legal education, combined with recent developments. “ Land and Resources Rule of Law Publicity and Education Month ” Conduct concentrated publicity and training activities.