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Land appraisal? It is forbidden to buy and sell land.
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The basic valuation method is suitable for parcel valuation, and the parcel appraisal at a certain point in time is obtained, including the market comparison method, the income method, the cost method, the residual method, etc. The application valuation method is a rapid and economical regional valuation method used to manage the needs of the real estate market and land, that is, on the basis of the basic valuation method, the land price, the influencing factors of land price, and the law of land price changes in the whole city or a certain region are analyzed, and a set of land evaluation standards are established, so that the land plots in the city or region can be quickly and economically evaluated when needed. This type of method is mostly suitable for a large number of policy valuations, and the methods that belong to this category are:
Fraudulent route valuation method, standard parcel valuation method, model (mathematical statistics) valuation method, etc.
Land appraisal intermediary refers to a legal entity established in accordance with the law, engaged in land appraisal intermediary business, independent accounting, self-responsibility for profits and losses, self-development, self-restraint, and independent civil liability. The main organizational forms of land appraisal intermediaries are partnerships or limited liability companies andLaws and Regulationsother forms as prescribed. Land appraisal intermediaries that have not carried out industrial and commercial registration shall not be allowed to practice.
To set up a land appraisal intermediary agency, it shall apply to the local administrative department for industry and commerce for registration and obtain a business license. Within 30 days after receiving the business license, the land appraisal intermediary shall apply to the Ministry of Land and Resources or the Provincial Department of Land and Resources for qualification certification, and the Ministry of Land and Resources or the Provincial Department of Land and Resources shall assess the qualification level and issue the qualification certificate.
The Ministry of Land and Resources is responsible for the supervision and management of land valuation activities nationwide.
A) the development of land valuation management rules and regulations;
2) Stipulating the qualifications of land appraisers;
3) Blind silver stipulates the conditions for the practice of land appraisal agencies;
4) Procedures and methods for determining land valuation;
5) Supervise and guide the self-discipline management of the land valuation industry;
6) Other duties provided for by laws and administrative regulations.
Legal basis: Lack of Protoss.
Urban Real Estate Management Act
Article 40 provides for the transfer of allocated land use rights in two paragraphs:
1.If the land use right is obtained by way of allocation, when transferring real estate, it shall be reported to the people with the right of approval for examination and approval in accordance with the provisions of the first place. If the people who have the right to approve approve the transfer are approved, the transferee shall go through the formalities for the transfer of land use rights and pay the land use right transfer fee in accordance with the relevant provisions of the state.
2.If the land use right is obtained by way of allocation, when the transfer of real estate is submitted for approval, the people with the right to approve decide that they can not go through the formalities for the transfer of land use right in accordance with the provisions of the transfer, and the transferor shall, in accordance with the provisions of the transfer, hand over the land income from the transfer of real estate to the state or make other dispositions.
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Legal Analysis: The Interim Provisions on the Administration of Land Appraisal Institutions is a regulation promulgated by the State Land Administration on February 13, 1993.
Legal basis: Land Management Law of the People's Republic of China
Article 1 This Law is enacted in accordance with the Constitution in order to strengthen land management, maintain the socialist public ownership of land, protect and develop land resources, rationally utilize land, effectively protect cultivated land, and promote sustainable social and economic development.
Article 2 The People's Republic of China implements the socialist public ownership of land, that is, ownership by the whole people and collective ownership by the working masses. Ownership by the whole people, i.e. ownership of state-owned land is exercised by *** on behalf of the state. No unit or individual may occupy, buy, sell or otherwise illegally transfer land.
Land use rights may be transferred in accordance with law. For the needs of the public interest, the State may, in accordance with the law, expropriate or requisition land and give compensation. The State implements a system of paid use of state-owned land in accordance with the law.
However, the State shall not allocate the right to use state-owned land within the scope prescribed by law.
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FYI:
In order to further strengthen the management of the city's land appraisal institutions and appraisal business, and better serve the economic and social development, according to the spirit of the relevant documents of the superiors, combined with the actual situation, the city's land appraisal institutions and the management of the appraisal business are hereby notified as follows:
1. Standardize the management of land appraisal institutions.
1) Strengthen the management of land appraisal institutions for the record.
1.Establish an initial filing system for land appraisal agencies. All land appraisal institutions that carry out land appraisal business in our city shall first go to the Municipal Bureau of Land and Resources for the record before they can carry out relevant land appraisal business. When applying for the record, the land appraisal agency shall provide the following materials:
1) A copy of the approval form for the qualification declaration of the land appraisal agency;
2) A copy of the business license of the land appraisal agency;
3) A copy of the appointment document of the legal representative or managing partner;
4) A copy of the qualification certificate and registration certificate of the full-time practicing land appraiser engaged in the local land appraisal business;
5) Organizational certificate, articles of association (or partnership agreement);
6) A copy of the credit rating certificate of the land appraisal agency;
7) Other materials that need to be submitted.
2.Establish a regular filing system for land appraisal agencies. In order to strengthen the management of the qualifications of land appraisal institutions, timely and accurately reflect the scope and content of the assessment of land appraisal institutions, each appraisal agency shall file with our bureau within 30 days after passing the annual inspection or approving the qualification adjustment.
If you pass the annual inspection, you need to provide a copy of the registration certificate of the land appraisal agency; If changes are involved, the following materials must be submitted:
1) The application for change of organization should specify the specific changes in the application;
2) Application Form for Change of Registration of Land Appraisal Intermediaries;
3) "Institutional Employee Status Table";
4) A copy of the business license before and after the change;
5) A copy of the resolution of the shareholders' meeting (or all partners) of the original company agreeing to the change (with the seal of the institution before the change);
6) The new articles of association or amendments to the articles of association of the company stamped by the industrial and commercial department;
7) The enterprise change form stamped by the industrial and commercial department or the basic information form of private enterprise registration;
8) A copy of the qualification certificate of the original land appraisal intermediary.
B) the record of land appraisal agencies to implement online publicity.
For the evaluation agency that has passed the record, it will be publicized on the land and resources of Laiwu City.
2. Strengthen the review of land appraisal reports and the management of the filing of appraisal results.
1) Establish a quarterly filing system for land valuation projects.
The land appraisal agency shall, before the 5th of the first month of each quarter, submit the land valuation performance list of the previous quarter (which must be stamped with the official seal of the institution) and the land valuation report and land valuation technical report (electronic CD-ROM or U disk) to the Land Use Section of the Municipal Bureau of Land and Resources for the record.
2) Establish a quarterly spot check system for land valuation reports.
The Municipal Bureau of Land and Resources will be based on the list of performance of the previous quarter submitted by the valuation agencies, randomly select part of the land valuation report and technical report, and organize relevant personnel to review the evaluation from the aspects of whether the valuation report format is standardized, whether the requirements are complete, and whether the results are reasonable, and the results will be announced on the Internet of the Municipal Bureau of Land and Resources. The results of the review will be used as the main basis for the annual inspection of the qualifications of the land appraisal agency.
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Isn't this work managed by the Institute of Land Appraisers?
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