This Circular guides the implementation of the provisions of the Civil Enforcement Ordinance regarding the Valuation Committee, specifically the valuation of seized assets during enforcement proceedings. It applies to people's courts and local financial and price management agencies.
适用范围
People's courts, local financial agencies, and price management agencies
要点
- Assets subject to valuation are those that have been seized for enforcement where the parties cannot agree on the price or where valuation is difficult.
- The Valuation Committee consists of enforcement officers, representatives from financial agencies, and price management agencies. In areas where financial and price management agencies are merged, two members shall be appointed to participate.
- The principle of valuation is based on the prevailing market price in the locality at the time and place of valuation; for assets without a market price, reference shall be made to the market price of similar products or the cost of producing such assets. For complex assets, enforcement officers may proactively request specialized appraisals.
- Enforcement officers must notify at least three days in advance about the time, location, and request for market price information; the same-level Procuracy, the person enforcing the judgment, and the person subject to enforcement may provide opinions on the valuation. The Chief Judge of the court shall review and decide on the parties' complaints.
- Enforcement officers shall prepare a record of the valuation specifying the price of each asset decided by the Valuation Committee, signed by the members of the Valuation Committee and the parties involved. The parties have the right to appeal to the Chief Judge of the People's Court where the enforcement officer works.
🌐 本文件的社会影响
- Positive impact: Helps ensure fairness in determining the value of assets, preventing abuse of non-agreement on prices to evade enforcement.
- Negative impact: May impose a burden of time and cost on the parties due to the complex process. Requires participation from multiple agencies, increasing the risk of appeals.
❓ 常见问题
What components make up the Valuation Committee?
The Valuation Committee includes enforcement officers (as chairperson), representatives from financial agencies, and price management agencies. In areas where these agencies are merged, two members (one responsible for finance, one for pricing) shall be appointed.
How much notice must be given before valuation?
Enforcement officers must notify in writing at least three days before the valuation date to the heads of the same-level financial and price management agencies.
On what principles is valuation based?
Valuation is based on the prevailing market price in the locality at the time and place of valuation. For assets without a market price, reference shall be made to the market price of similar products or the cost of producing such assets. For complex assets, enforcement officers may proactively request specialized appraisals.
What rights do the parties have to appeal the valuation?
Parties have the right to appeal to the Chief Judge of the People's Court where the enforcement officer works. Within seven days of receiving the appeal, the Chief Judge of the Court must coordinate with the heads of the agencies that are members of the Valuation Committee to review, decide, and respond to the parties.
What must enforcement officers do before valuation?
Enforcement officers must notify in writing about the time, location, and types of assets to be valued; request market price information (if deemed necessary); and request the appointment of specialized staff to participate.
全文
CIRCULAR
JOINT GUIDELINES OF THE SUPREME PEOPLE'S COURT, THE MINISTRY OF FINANCE, AND THE NATIONAL PRICING COMMISSION NO. 05-89/TTLN DATED DECEMBER 6, 1989 ON IMPLEMENTATION OF THE PROVISIONS OF THE CIVIL ENFORCEMENT ORDINANCE REGARDING THE VALUATION BOARD
Implementing Articles 25 and 28 of the Civil Enforcement Ordinance concerning the Valuation Board and the valuation of seized assets during enforcement proceedings;
After reaching consensus with the Supreme People's Procuracy and the Ministry of Justice;
The Supreme People's Court, the Ministry of Finance, and the National Pricing Commission hereby guide the People's Courts, local financial agencies, and pricing bodies to uniformly apply the following provisions:
1. The objects subject to valuation are assets that have been seized for enforcement but for which the parties cannot agree on the price or where valuation is difficult.
2. The composition of the Valuation Board includes:
- An enforcement officer - chairing the Board;
- A representative from the financial agency - member;
- A representative from the pricing body - member.
In areas where the financial and pricing agencies have been merged, the financial and pricing agency shall appoint two members (one responsible for finance and one for pricing) to participate in the Valuation Board.
3. Principles of valuation:
Valuation must be based on the prevailing market prices in the locality at the time and place of valuation. For assets without market prices, valuation shall be based on the market prices of similar products or the costs to produce such assets.
For complex assets, the enforcement officer shall proactively or upon request of the Valuation Board seek expert appraisal.
4. Implementation:
- When it is necessary to value assets, the enforcement officer must notify in writing at least three days before the valuation date the heads of the local financial and pricing agencies about the time, location, types of assets to be valued; request information on market prices (if deemed necessary for valuation) and request the dispatch of specialized staff to participate.
- The local People's Procuracy, the person enforcing the judgment, and the person subject to enforcement shall be notified of the time and location of the valuation and may provide advisory opinions on the valuation by the Valuation Board.
- The enforcement officer chairs the Valuation Board meeting; the Board discusses collectively and decides by majority vote.
- The enforcement officer must prepare a record of the valuation clearly stating the price of each asset decided by the Valuation Board. The record must be signed by all members of the Valuation Board and the parties present. If a party refuses to sign, the reason must be noted in the record.
- The parties have the right to appeal the valuation to the Chief Judge of the People's Court where the enforcement officer works. Within seven days of receiving the appeal, the Chief Judge of the People's Court must coordinate with the heads of the agencies that are members of the Valuation Board to review, decide, and respond to the parties. The decision of the Chief Judge of the People's Court serves as the basis for the parties to comply with.
Any difficulties encountered during implementation should be reported to the Supreme People's Court, the Ministry of Finance, and the National Pricing Commission for guidance on resolution.
关系图
点击文件即可打开。红色边框＝改变效力的关系。