RESOLUTION OF THE STATE COMMITTEE OF THE REPUBLIC OF UZBEKISTAN ON MANAGEMENT OF THE STATE-OWNED PROPERTY

of July 16, 2008 No. 01/19-18/09

About approval of the Regulations on procedure for issue of the qualification certificate of the appraiser

According to the resolution of the President of the Republic of Uzbekistan of April 24, 2008 "About further enhancement of activities of the estimative organizations and increase in their responsibility for quality of the rendered services" the State committee of the Republic of Uzbekistan on privatization, demonopolization and development of the competition decides No. PP-843:

1. Approve Regulations on procedure for issue of the qualification certificate of the appraiser according to appendix.

2. Recognize to invalid:

the resolution of the State Property Committee of the Republic of Uzbekistan of May 12, 2003 No. 01/06-01 "About approval of the Regulations on certification (recertification) of physical persons on receipt of qualification of the appraiser" (рег. No. 1244 of May 26, 2003 - the Bulletin of regulations, 2003, No. 9-10);

the resolution of the State Property Committee of the Republic of Uzbekistan of December 1, 2006 No. 01/19-18/05 "About approval of the Regulations on the qualification requirements imposed to the professional appraiser" (рег. No. 1660 of March 2, 2007 - the Collection of the legislation of the Republic of Uzbekistan, 2007, Art. No. 9-10, 91).

3. This resolution becomes effective after ten days from the moment of its state registration in the Ministry of Justice of the Republic of Uzbekistan.

 

Approved by the Resolution of the State Property Committee of July 16, 2008 No. 01/19-18/09

Regulations on procedure for issue of the qualification certificate of the appraiser

This Provision according to the Law of the Republic of Uzbekistan "About estimative activities" (Sheets of Oliy Majlis of the Republic of Uzbekistan, 1999, No. 9, the Art. 208), the resolution of the President of the Republic of Uzbekistan of April 24, 2008 No. PP-843 "About further enhancement of activities of the estimative organizations and increase in their responsibility for quality of the rendered services" (The collection of the legislation of the Republic of Uzbekistan, 2008, No. 18, of the Art. 145) determines procedure for holding qualification examination, issue, prolongation, cancellation and cancellation of the qualification certificate of the appraiser.

I. General provisions

1. The qualification certificate of the appraiser (further - the qualification certificate) grants the right to physical person to perform property assessment if it is on the staff of the estimative organization or if with it the estimative organization signs the agreement of civil nature.

The qualification certificate of the appraiser is issued for a period of 5 years and the term of its action can be prolonged for five-year terms.

2. Each appraiser having the qualification certificate shall within every year, since the year following after year of receipt of the qualification certificate to take professional development course in volume of at least 40 hours according to the programs of advanced training approved in accordance with the established procedure by the State committee of the Republic of Uzbekistan on assistance to the privatized companies and development of the competition (further - Goskomkonkurention) taking into account offers of professional associations of appraisers.

3. The qualification certificate is issued Goskomkonkurention according to this Provision on condition of successful delivery by the physical person applying for receipt of the competence certificate (further - the applicant), qualification examination.

II. Procedure for passing qualification examination

4. The applicant for receipt of the qualification certificate shall meet the following requirements:

a) availability of the higher economic, legal or technical education, with length of service as the appraiser or the assistant estimator at least one year from the last five years;

or availability of the higher education, with length of service as the appraiser or the assistant estimator at least two years from the last five years.

At the same time the higher education or academic degree received in foreign states are taken into account in case of their recognition in accordance with the established procedure equivalent to education in the Republic of Uzbekistan;

b) availability of the certificate on passing of special training in the centers for training of appraisers for the program approved in accordance with the established procedure Goskomkonkurention taking into account offers of professional associations of appraisers provided that from the moment of the end of training until delivery of documents there passed no more than one year.

The applicants having the international certificate of the appraiser are allowed to passing qualification examination without passing of special training in the centers for training of appraisers.

5. The applicant for receipt of the qualification certificate of the appraiser submits in Goskomkonkurention the application for the admission to passing qualification examination in form, according to appendix No. 1, with appendix of the following documents:

a) the completed questionnaire in form according to appendix No. 2;

b) passport copy;

c) copies of the diploma about the higher education, or certificates of authorized state body on nostrification (equivalence establishment) of the document on the higher education received in foreign educational institution;

d) copies of the service record;

e) two photos of 4 x 6 in size;

e) copies of the certificate on passing of special training course in the centers for training of appraisers (which is recognized valid if from end date of training before date of delivery of documents there passed no more than one year) or the international certificate of the appraiser;

g) the document testimonial of payment of collection for passing of qualification examination and issue of the qualification certificate in single size of minimum wage.

The requirement from the applicant of the documents which are not provided by this Item is not allowed.

6. Documents can be submitted by the applicant in Goskomkonkurention the courier or through means of mail service with the notification on their obtaining.

7. Goskomkonkurention in 3-day time from the date of receipt of the statement makes the decision on the admission or refusal in the admission to passing qualification examination.

8. The applicant is not allowed to passing qualification examination in the following bases:

a) discrepancy of the applicant to requirements of item 4 of this provision;

b) representation in an inadequate way of the processed or not completely completed documents, stipulated in Item the 5th this provision;

c) identification in documents of the false or distorted information;

d) deprivation of the right to judicially hold certain positions or to be engaged in certain activities in the field of the financial and economic relations.

In this case Goskomkonkurention makes the decision on refusal in the admission of the applicant to passing qualification examination and on the same day in writing sends the reasonable answer to the applicant about the made decision.

9. In case of decision making about the admission to passing qualification examination lists allowed to passing qualification examination are transferred to examination committee. At the same time the qualification examination is held in process of forming of group, but in time at least once in two months from the date of receipt of documents.

10. The structure and the regulations of work of examination committee affirm Goskomkonkurention.

11. The applicants allowed to passing qualification examination are notified on date, time and the venue of qualification examination not later than 10 days before its carrying out.

12. The applicant to whom it is refused the admission to passing qualification examination has the right to file repeatedly petition only after elimination of the notes which served as cause of failure in the admission to passing qualification examination.

13. The applicant is allowed to passing qualification examination in case of presentation of the passport or other document proving his identity. The applicants who do not have in case of themselves the passport or other document proving their identity, or late for qualification examination are considered as not been and are had to the list of persons allowed to the following next passing qualification examination.

14. If the applicant two times, since date of submission of documents in Goskomkonkurention, was not for passing qualification examination, the submitted documents return to the applicant. At the same time, the amount paid for passing of qualification examination does not return.

Repeated submission of documents is made according to the procedure, specified in this Section.

15. The qualification examination is held for group of applicants by computer testing.

16. Test questions and possible answers are developed Goskomkonkurention taking into account offers of public associations of appraisers and training centers on the basis of the training program of appraisers approved in accordance with the established procedure.

Content of test questions and possible answers taking into account the made changes and additions in regulatory legal acts is periodically reviewed.

17. Testing includes at least 75 questions reflecting all Sections of the training program.

The number of the correct answers which is the basis for recognition of results of testing by positive shall make at least 80% of quantity of the asked questions.

18. During the qualification examination it is forbidden to applicants:

a) use legislative and instructive material, reference and special books;

b) use mobile phones and other means of communication;

c) conduct negotiations with other applicants;

d) leave the room. Persons which left the room are not allowed back.

The applicants who violated these requirements leave from audience and are considered not passed qualification examination.

Strangers are not allowed to be present at qualification examination.

19. The applicants who did not keep within in the course of passing qualification examination in the allowed time, are considered not passed qualification examination.

To the applicants who did not pass qualification examination, the fee paid does not return.

The applicant who did not pass qualification examination, in accordance with the established procedure, the documents having the right to submit repeatedly for passing qualification examination, but not earlier than in month from the date of participation in qualification examination, on condition of payment of collection for passing of qualification examination and issue of the qualification certificate.

20. Results of qualification examination are drawn up by the protocol of examination committee in 3-day time after date of qualification examination.

21. Test replies, and also protocols of examination committee are stored in Goskomkonkurention in accordance with the established procedure.

III. Procedure for registration and issue of the qualification certificate

22. Results of qualification examination affirm Goskomkonkurention's order.

23. The qualification certificate is drawn up on the special form with the pasted photo of the specialist in form, according to appendix No. 3, and has legal force in all territory of the Republic of Uzbekistan.

24. Forms of qualification certificates are documents of the strict reporting, have accounting series, number and degree of security. Forms of qualification certificates are made by request of Goskomkonkurention by typographical method in GPO "Davlat of Belgisa".

25. The qualification certificate is drawn up Goskomkonkurention in 10-day time after receipt of protocols of examination committee and issued under list in the register of appraisers to the owner of the qualification certificate, or the other person based on the notarized power of attorney.

26. If the applicant within three months from the date of execution of the qualification certificate was not for its obtaining, or voluntarily in writing refused its obtaining, Goskomkonkurentsi has the right to make the decision on cancellation of this qualification certificate. At the same time, the fee paid to the applicant does not return.

IV. Procedure for appeal

27. Applicants concerning whom by results of qualification examination the negative decision is passed have the right to appeal in Goskomkonkurention within thirty calendar days from date of qualification examination. The appeal is submitted in writing.

The State Property Committee in week time considers the submitted appeal and for the made decision in writing reports the applicant.

28. By results of appeal one of the following decisions is accepted:

a) leave results of examination without changes and refuse satisfaction of the appeal;

b) appoint repeated qualification examination for person who submitted the appeal.

29. The decision on leaving without changes of results of examination and refusal in satisfaction of the appeal is accepted if:

a) the appeal is provided with violation of requirements of this provision;

b) the arguments given in the appeal did not prove to be true.

30. The decision on holding repeated qualification examination is made in case of establishment of the facts of holding qualification examination of person who submitted the appeal with violation of requirements of this provision.

31. In case of decision making of Goskomkonkurention about holding repeated qualification examination for the applicant who submitted the appeal, repeated examination is held according to this Provision.

32. Repeated submission of the appeal by the applicant is not allowed.

33. Goskomkonkurention's decision can be appealed in court in the procedure established by the legislation.

V. Procedure for prolongation of effective period, renewal and issue of the duplicate of the qualification certificate

34. The owner of the qualification certificate in three months prior to expiration of the qualification certificate submits in Goskomkonkurention the application for prolongation of effective period of the certificate with appendix of the following documents:

a) the questionnaire in form according to appendix No. 2;

b) original of the qualification certificate of the appraiser;

c) copies of the document on the termination of professional development course in accordance with the established procedure;

d) the document testimonial of payment of collection for passing of qualification examination and prolongation of effective period of the qualification certificate in the amount of one minimum wage.

35. Prolongation of effective period of the qualification certificate is performed on condition of observance of the requirements specified in Item 34, and successful delivery by the owner of the qualification certificate of qualification examination.

The validity of the qualification certificate is extended from expiry date, the qualification certificate specified on the form.

The owner of the qualification certificate who did not pass the qualification examination having the right to pass repeatedly qualification examination on condition of payment of collection for passing of qualification examination.

36. Prolongation of effective period of the qualification certificate is made in accordance with the established procedure by putting down of special mark in this form of the qualification certificate.

If the details of the form of the qualification certificate concerning prolongation of term of its action are filled, to the owner of the qualification certificate the new qualification certificate at earlier issued registration number is issued. The form of earlier issued qualification certificate is destroyed Goskomkonkurention in accordance with the established procedure.

37. In case of change of surname (name, middle name) or passport data the owner of the qualification certificate shall submit to 10-day time in Goskomkonkurention the application for renewal of the qualification certificate with appendix of the original of the qualification certificate which is subject to renewal and originals of the documents confirming corresponding changes.

The appraiser pays collection in the amount of 50% of minimum wage for renewal of the qualification certificate.

38. Renewal of the qualification certificate is performed within 5 days from the date of submission of the corresponding statement by the owner of the qualification certificate, at the same time the new form of the qualification certificate at earlier issued registration number and earlier fixed term of action is issued. The form of earlier issued qualification certificate is destroyed Goskomkonkurention in accordance with the established procedure.

39. Instead of the lost or become useless qualification certificate according to the statement of the owner of the qualification certificate the duplicate can be issued.

The owner of the qualification certificate shall declare in seal loss of the qualification certificate and provide copies of the publication of Goskomkonkurention.

40. The duplicate of the qualification certificate is issued at the same registration number and earlier fixed term of its action with obligatory text "Duplicate" on the new form in the upper corner of the qualification certificate.

The become useless qualification certificate is subject to return in Goskomkonkurention and to destruction in accordance with the established procedure.

41. The appraiser pays collection in the amount of 50% of minimum wage for issue of the duplicate of the qualification certificate.

VI. Procedure for cancellation and cancellation of the qualification certificate

42. The bases for cancellation of the qualification certificate are:

statement of the appraiser;

systematic or single gross violation of requirements of the legislation when implementing estimative activities;

provision by the appraiser of the data received during assessment to the third parties without the permission of the owner of property or the customer of assessment, except as specified, stipulated by the legislation;

the court verdict which took legal effect prescribing punishment in the form of deprivation of the right to hold certain positions or to be engaged in certain activities in the field of the financial and economic relations;

the judgment about recognition of the citizen in accordance with the established procedure incapacitated or is limited by capable.

43. The qualification certificate is terminated from decision date about the termination of its action.

In case of cancellation of the license of the estimative organization for the allowed violations, stipulated by the legislation, action of qualification certificates of the head and appraiser who allows the violations which entailed cancellation of the license of the estimative organization stops from decision date about cancellation of the license.

44. Treat the single gross violation of requirements of the legislation when implementing estimative activities giving the grounds for the termination in accordance with the established procedure of action of the qualification certificate:

independence failure to provide when implementing assessment according to the procedure established by the legislation on estimative activities;

creation of the doubtful valuation report and expert opinion;

disclosure without the permission of the owner of property or the customer of assessment of the confidential information obtained when carrying out estimative works, except as specified, stipulated by the legislation;

participation of the appraiser as the specialist in the performed by the controlling or law enforcement agencies and other actions without the corresponding permission (order) of the estimative organization on which staff it is or with which signed the agreement of civil nature.

45. The qualification certificate is cancelled by Goskomkonkurention's decision in cases:

recognitions by court of illegality of Goskomkonkurention's decision on issue of the qualification certificate;

the fact of receipt of the certificate with use of false documents.

46. The decision on cancellation of the qualification certificate is valid from date of issue of the qualification certificate.

47. Appraisers whose qualification certificates are cancelled or who are terminated for the allowed violations of the law are not allowed to examination on repeated receipt of the qualification certificate within three years from decision date about cancellation or cancellations of the qualification certificate.

48. The decision on cancellation or cancellation of the qualification certificate is subject to publication in mass media.

49. Goskomkonkurention's decision on cancellation or cancellation of the qualification certificate goes to 5-day time to the owner of the qualification certificate and the estimative organization on behalf of which it performs property assessment.

50. Within 10 days from the date of receipt by the appraiser of the decision on cancellation or cancellation of the qualification certificate, the certificate is subject to return by the appraiser in Goskomkonkurention for destruction in accordance with the established procedure.

VII. Procedure for maintaining the register of the appraisers having the qualification certificate

51. Goskomkonkurention keeps the register of the appraisers having the qualification certificate in which are specified:

the date of receipt, surname, name, middle name and the signature of person who received the qualification certificate;

passport data and residence;

place of employment;

accounting series, number, date of issue of the qualification certificate;

data on action prolongation, cancellation, cancellation, renewal and issue of the duplicate of the qualification certificate.

VIII. Final provisions

52. Goskomkonkurention's decision on cancellation or cancellation of the qualification certificate can be appealed in court according to the procedure, established by the legislation.

53. This Provision is approved with the State committee of the Republic of Uzbekistan on demonopolization, support of the competition and entrepreneurship.

 

Appendix №1

to Regulations on procedure for issue of the qualification certificate of the appraiser

Goskomkonkurention of the Republic of Uzbekistan
			from ________________________
			__________________________
			__________________________
STATEMENT  about the admission to passing qualification examination
I ask to allow me to passing qualification examination on obtaining *, prolongation of effective period * the qualification certificate of the appraiser.
Are enclosed to the application:
1.__________________________________________________________________
2.__________________________________________________________________
3.__________________________________________________________________
4.__________________________________________________________________
5.__________________________________________________________________
"_____" __________ 20 ___.
Personal signature ______________________

Appendix № 2

to Regulations on procedure for issue of the qualification certificate of the appraiser

QUESTIONNAIRE				for photo
1. Surname ___________________________________________ Name _________________________________________________ Middle name ____________________________________________
2. Birth date: _____________________________________
	(number, month, year in figures)
3. Passport ___________ series No. ________________________ Date of issue _________________________________________ By whom it is issued _________________________________________________________
4. Education: _____________________________________________________
__________________________________________________ educational institution
faculty __________________________________________________________ year of the termination _________ No. of the diploma ______________ Specialty according to the diploma __________________________________________ Academic degree, academic status _______________________________________
5. Data on length of service from the service record:
№	Period		Place of employment	Position
	receipts	leaving
1.
2.
3.
4.
5.
...
6. Whether there were cases of deprivation you the right to be engaged in estimative or financial and economic activities by a court decision. If "yes" then to specify when and for what.
7. Home address _________________________________________________
8. Contact telephone number: __________________ Fax: _____________________
	(code, number)		(code, number)
9. Date of filling of the questionnaire "____" _______________ 20 ____.
Personal signature _______________

Appendix №. 3

to Regulations on procedure for issue of the qualification certificate of the appraiser

Sample Coat of arms of the Republic of Uzbekistan State committee of the Republic of Uzbekistan on assistance to the privatized companies and development of the competition
QUALIFICATION CERTIFICATE OF THE APPRAISER № ____________						Photo
Tashkent					"_____" _________________ 20 _____.
The state committee of the Republic of Uzbekistan on assistance to the privatized companies and development of the competition
____________________________________________________________________________________________ (to whom – First name, middle initial, last name the appraiser) ____________________________________________________________________________________________ (No. and series of the passport when also by whom it is issued) ____________________________________________________________________________________________
evaluating property on behalf of the estimative organization registered in the territory of the Republic of Uzbekistan is allowed.
Goskomkonkurention's chairman (vice-chairman)			____________________________________________				M.P.
The validity of the qualification certificate of the appraiser is extended:
with "____" _____________ 20 _____ to "____" ____________ 20 _____.
Signature	_________________________________			M.P.
with "____" _____________ 20 _____ to "____" ____________ 20 _____.
Signature	_________________________________			M.P.			".

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