Regulations of Jiangsu Province on the Valuation of Foreign-invested Property

Chapter I General Provisions Article 1 In order to correctly reflect the value of foreign-invested property, safeguard the legitimate rights and interests of investors, ensure the development of foreign economic relations and trade with equality and mutual benefit, and promote the development of an open economy, these Regulations are formulated in accordance with the relevant laws and regulations of the state and the actual situation of this province. Article 2 Foreign companies, enterprises, other economic organizations or individuals that establish Sino-foreign equity joint ventures, Sino-foreign cooperative ventures and engage in compensation trade activities shall conduct value assessment in accordance with the provisions of these Regulations. Where laws and regulations provide otherwise, such provisions shall prevail. Article 3 People's Republic of China (PRC) Jiangsu Import and Export Commodity Inspection Bureau and its import and export commodity inspection agencies (hereinafter referred to as commodity inspection agencies) are respectively responsible for the supervision and management of the property value evaluation of foreign investment in the whole province and its jurisdiction.

Trade, finance, science and technology, industry and commerce, taxation, customs, finance and other departments shall, according to their respective duties, cooperate with the commodity inspection authorities to do a good job in the supervision and management of the appraisal of the value of foreign-invested property. Article 4 The Chinese and foreign parties that set up Sino-foreign equity joint ventures, Sino-foreign cooperative ventures and engage in compensation trade activities shall specify the terms for evaluating the value of foreign-invested property in their contracts and agreements. Article 5 The valuation of foreign-invested property shall follow the principles of truthfulness, impartiality, scientificity and feasibility, and be handled in accordance with the methods and procedures prescribed by the state and with reference to international practices. Chapter II Management of Appraisal Institutions Article 6 The commodity inspection authorities and other appraisal institutions (hereinafter referred to as appraisal institutions) that are qualified to appraise the value of foreign-invested property shall handle the corresponding appraisal business of foreign-invested property. Article 7 A certification body shall meet the following basic conditions:

(1) Having equipment and materials suitable for the assessment business;

(2) Having a sound evaluation business management system;

(three) there are more than three full-time appraisers who have obtained the qualification accreditation of the State Commodity Inspection Bureau;

(4) Other conditions stipulated by laws and regulations. Article 8 The commodity inspection authorities shall, according to their statutory duties, directly engage in the business of evaluating the value of foreign-invested property. The qualifications of other appraisal institutions engaged in the property value appraisal business of foreign investment shall be examined and approved by People's Republic of China (PRC) Jiangsu Import and Export Commodity Inspection Bureau (hereinafter referred to as Jiangsu Commodity Inspection Bureau).

Jiangsu Commodity Inspection Bureau will notify all relevant departments and capital verification institutions of the list of evaluation institutions that have obtained the qualification for evaluating the value of foreign-invested property. Article 9 Appraisers engaged in the property value appraisal business with foreign investment must receive professional technical training and obtain qualification certificates issued by the State Commodity Inspection Bureau. Tenth appraisal institutions can hire experts as part-time appraisers, part-time appraisers to participate in related professional appraisal business, and put forward opinions and suggestions. Article 11 An evaluation institution may entrust an institution with the ability to evaluate the value of foreign-invested property to handle the value evaluation business of a specific project. Twelfth evaluation institutions and their appraisers shall abide by the following rules when conducting evaluation business:

(1) Abide by laws, regulations and relevant provisions, and accept the guidance, supervision and management of the State Commodity Inspection Bureau and the commodity inspection authorities of this province;

(two) to carry out the appraisal work according to law, without illegal interference or obstruction;

(three) improve work efficiency, ensure the quality of work, and complete the appraisal project within the prescribed time limit;

(four) the information provided by the parties to the value appraisal shall be kept confidential in accordance with the provisions;

(5) If the appraisers have an interest in the parties involved in the value appraisal, they shall withdraw. Article 13 Appraisal institutions and their appraisers shall handle affairs impartially, and shall not practice favoritism or make things difficult for appraisal parties, collect fees in violation of regulations, take bribes or abuse power for personal gain.

The commodity inspection authorities at all levels should strengthen the business guidance, supervision and management of the appraisal institutions and their appraisers, and inspect their work. Chapter III Evaluation Procedures and Methods Article 14 Chinese-foreign equity joint ventures, Chinese-foreign contractual joint ventures and parties engaged in compensation trade activities funded by foreign investors are obligors to apply for value evaluation (hereinafter referred to as applicants).

The applicant shall, within/0/5 days from the date of arrival of the property to be appraised, apply to the appraisal institution for value appraisal. Article 15 When applying for value appraisal, the applicant shall provide the property catalogue, customs declaration form, contract, invoice, packing list, bill of lading, equipment technical documents and other relevant materials. Article 16 An appraisal institution and the applicant shall sign a value appraisal agreement, specifying the appraisal purpose, objects and requirements, confidentiality requirements, liability for breach of contract, etc.

An application form for value appraisal containing the contents of the first paragraph can be regarded as a value appraisal agreement. Article 17 After accepting the application for value evaluation, the appraisal institution shall select a reasonable appraisal method to evaluate the value of the appraisal object according to the actual situation, degree of innovation, performance index, technical parameters, replacement cost and profitability of the appraisal object and the requirements of the appraisal regulations. Eighteenth appraisal institutions and their appraisers shall use the inspection data and materials obtained by the commodity inspection authorities when conducting value appraisal. Nineteenth methods of value assessment include:

(1) market rules;

(2) cost method;

(3) Income method;

(4) Other methods prescribed by the state.