The Ministry Of Transport Decisions On Amendments To The Regulation On The Philatelic Market

Original Language Title: 交通运输部关于修改《集邮市场管理办法》的决定

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201307/20130700389480.shtml

The Ministry of transport decisions on amendments to the regulation on the philatelic market

    (April 12, 2013 the Ministry of transport [2013] 7th released since the publication of the date of promulgation) Ministry of transport decisions on the philatelic market regulation (Ministry of transport, 2011 6th) as follows: One paragraph is added after the second paragraph, and in the fourth section, as the third paragraph: "provides for the establishment of the provincial administrative organ under the State Council shall be responsible for the philatelic market supervision and management of the area.

    ” To modify the article fourth paragraph to "the postal administrative departments and provinces, autonomous regions, municipalities, postal regulators and provincial administrative organs of postal, collectively known as the postal administration.

    "As the fourth paragraph.

    Second, fifth and Nineth and tenth in the "local provincial-level postal authorities" and seventh, eighth in the "the original filing of the provincial administrative organ" is amended as "provincial administrative organ".

    This decision shall come into force as of the date of.

    According to this decision and in the philatelic market management measures be amended accordingly promulgated anew.

    Report: administrative measures on the philatelic market 2013 (revised) (May 6, 2011 published April 12, 2013, the Ministry of Transport Ministry of transport [2013] 7th released since the publication of the date of promulgation of the Department of transportation decided to modify the administrative measures for the philatelic market correction)

    Chapter I General provisions

    First in order to strengthen the supervision and administration of the philatelic market, regulate the philatelic market operations, protect the legitimate rights and interests of consumers, promote healthy development of Philately market, according to the People's Republic of China postal law and the decision of the State Council, these measures are formulated.

    Article in the People's Republic of China territory of philatelic collections management activities, organize philatelic collections centralized trading market and on the philatelic market supervision and management, application of this approach.

    This approach by said philatelic market is refers to to philatelic votes products for trading object of market; philatelic votes products business, is refers to to profit for purpose, engaged in philatelic votes products of wholesale, and retail, and auction, activities, and philatelic products of making activities; philatelic votes products concentrated trading market, is refers to meet this approach 12th article provides conditions, has multiple philatelic votes products operators admission presence, independent, and public to for philatelic votes products trading of fixed places. Article philatelic collections include postage and philatelic products. Fu Zhi postage including stamps, postage, stamped envelopes, stamped postcards and stamped aerogrammes, stamped card; philatelic refers to the manufactures postage or imitating generic stamps designs manufactured products.

    Issued postage to other countries or regions in the country, according to issue management.

    Fourth postal authorities under the State Council is responsible for the national supervision and administration of the philatelic market.

    Postal authorities of provinces, autonomous regions and municipalities (hereinafter referred to as the provincial administrative organ) in postal authorities under the leadership of the State Council, responsible for the administration of supervision and administration of the philatelic market.

    Provides for the establishment of the provincial administrative organ under the State Council shall be responsible for the philatelic market supervision and management of the area.

    The postal administrative departments and provinces, autonomous regions, municipalities, postal regulators and provincial administrative organ, collectively known as the postal administration.

    Chapter II administration of business entities

    Article fifth postal enterprises shall carry out philatelic collections of production and sales operations, in accordance with the provisions of the stamp issuing regulatory approaches to postal stamp sales outlets in the management report distribution or changes, including distribution of business of philatelic sales outlets or changes.

    Other philatelic collections with fixed premises operators should in the 20th after the implementation of this approach or business in the 20th after registration to the provincial administrative organs of postal filing procedures.

    Article sixth philatelic collections business formalities, shall submit the following materials:

    (A) Department of postal services under the management of philatelic collections business registration form;

    (B) the original and photocopy of the business license;

    (C) the identity of the legal representative or responsible person;

    (D) fixed premises lawful use certificate;

    (V) other materials required by the postal authorities under the State Council.

    Philatelic collections concentrate market in business of philatelic collections, uniform filing procedure by the market.

    Article seventh philatelic collections business record changed, philatelic collections managers should change the date 20th located below the provincial level administrative organs of postal changes in procedures.

    Article eighth philatelic collections operator ceases to carry on philatelic collections business shall cease operating 20th inform provincial administrative organs of postal, and deal with the aftermath work.

    Nineth fairs held in philatelic collections exhibitions Organizer, should be held at the exhibition before the 15th, joining the list of show flats, sites supporting materials, to the provincial administrative organs of postal filing procedures.

    Article tenth held philatelic collections auction organizer shall be in front of the auction held on 15th, the auctioning of philatelic collections list, located below the provincial level administrative organs of postal filing procedures.

    11th establishment of philatelic collections centralized trading market, shall obtain the philatelic collections centralized trading market license.

    12th apply for philatelic collections centralized trading market subject to the following conditions:

    (A) meet the corporate requirements;

    (B) the registered capital of no less than RMB 300,000 yuan;

    (C) fixed premises suitable for philatelic collections transactions, and in line with the public security and fire protection management to set up marketing requirements;

    (D) identify the authenticity that postage has personnel and equipment;

    (E) philatelic collections focus on market management system.

    13th apply for philatelic collections the availability of centralized trading market, should submit the following application materials to local postal administrations at the provincial level:

    (A) offer philatelic collections focus on market applications;

    (B) the status of enterprise legal persons documents or business name approval notice issued by the administrative departments for industry and Commerce;

    (C) capital verification report;

    (D) the identity of the legal representative;

    (E) fixed premises lawful use certificate;

    (Vi) philatelic collections focus on market management system;

    (VII) other material prescribed by laws, rules and regulations.

    Joint philatelic collections of centralized trading markets, should also be submitted to the Liaison Office agreement signed by the parties. 14th provincial administrative organ shall from the date of filing in the 20th review to verify the application materials, the decision to approve or not to approve. Cannot make a decision in the 20th, and approved by the head of the administrative organ, you can extend the 10th, and shall inform the applicant of the reasons for such further period.

    Ratification, presented the philatelic collections centralized trading market license; were rejected, notify the applicant in writing and state the reasons.

    Applicants with the philatelic collections centralized trading market license registration to register with the Administrative Department for industry and commerce.

    Section 15th of the philatelic collections of centralized trading market license valid for five years.

    Has expired, the philatelic collections focus on market management main body (hereinafter market) will continue to operate, should be centralized in the philatelic collections exchange market operating license expired before 30th application to the issuing authority, renewal of license.

    16th market name, market name, registered capital, legal representative, change of business address such matters as shall promptly to the issuing authority to apply the change.

    17th in the philatelic collections focus on trading the market market ceased to operate within the validity period of the permit, and shall inform the issuing authority in writing in advance, return the philatelic collections centralized trading market license, and deal with the aftermath work. 18th market should strengthen market management, standardized philatelic collections operator's business practices, established operators credit files.

    For operators, such as punishment or in the business activities being complained against, market should faithfully record and publish serious violations of market management system.

    Market shall establish a complaint handling channels, accepts consumer complaints and assist departments in philatelic collections transaction disputes.

    19th under any of the following circumstances, provincial administrative organ shall, cancellation of the philatelic collections centralized trading market license:

    (A) the license expiration is not renewed;

    (B) legal entity is terminated according to law;

    (C) after the applicant has obtained the license, not run for more than six months without good reason philatelic collections of centralized trading markets, or to make their own business for six consecutive months or more;

    (D) in the term license terminates its operation;

    (E) administrative license is revoked;

    (Vi) other circumstances as stipulated by laws and administrative regulations.

    20th the philatelic collections centralized trading market license uniformly printed by the postal authorities under the State Council.

    No unit or individual shall forge, alter, fraudulently use, lease, sale and transfer of the philatelic collections centralized trading market license.

    Chapter III business management

    21st philatelic collections business operators shall comply with the principles of honesty, fair dealing, no hard sell, fraud and other acts.

    22nd make philatelic articles, should be indicated on the philatelic philatelic publishing units.

    Used generic Stamps Philatelic pattern making, shall conform to the national provisions relating to imitation imitation stamps pictorial. Article 23rd philatelic collections of the import operation specified by the postal authorities under the State Council.

    Without the designation, any entity or individual may engage in philatelic collections of import operations.

    Philatelic collections import business should be in accordance with the provisions of philatelic collections management provisions.
Article 24th held philatelic collections of sales and auctions, and publish philatelic collections of advertising, should comply with the relevant State laws and regulations as well as related philatelic collections management postal administration under the State Council.

    25th philatelic collections operator may engage in the following activities:

    (A) engaged in forging or altering postage;

    (B) operating against the circulation of philatelic collections;

    (C) operating after October 1, 1949, Taiwan published philatelic collections;

    (D) business issued does not indicate the philatelic information,;

    (E) the operation does not meet the national pattern of imitation imitation Stamps Philatelic;

    (Vi) the philatelic business apparently false information;

    (G) engaged in unauthorized imports of philatelic collections;

    (H) the use of others ' name in the production or sale of philatelic collections;

    (IX) other business activities in violation of the relevant provisions.

    26th postal enterprises should strictly abide by the State regulations issued on postage, in the issue which at face value or sale price of postage.

    Postal enterprises shall, in accordance with article 27th philatelic collections management activities and the needs of philatelists, plan and organize the development and production of philatelic collections.

    Post company to stamp the philatelic collections of information should be provided is true, accurate and complete, and shall not hide relevant information or provide false information. 28th post philatelic collections should be made strictly with sales management.

    Post Philately service institutions should and reasonable development, production and sale of products.

    Fourth chapter of supervision and inspection

    Article 29th postal authorities should set up inspections, checks, periodic inspection system, strengthen the management of the philatelic market.

    Philatelic market management main body shall operate, receiving Postal Administration Department and other relevant departments of supervision and management. Article 30th philatelic collections annual report of centralized trading market license management system.

    Market shall, before April 30 of each year to local provincial-level postal authorities submit the following materials:

    (A) the annual report including annual operations, compliance with laws and regulations, rewards or punishments, complaints and dispute handling cases;

    (B) the balance sheet and profit and loss statement of the previous year;

    (C) the philatelic collections centralized trading market license copy of the original;

    (Iv) copy of business license;

    (V) other materials required by the postal authorities under the State Council.

    31st postal authorities to perform their duties of supervision and administration, supervision and inspection can take the following measures:

    (A) into the philatelic collections focus on market or suspected violation of the way of other places of inspection;

    (B) to the relevant units and individuals to understand the situation;

    (C) consult and copy relevant documents, information and documents;

    (D) approved by the postal authorities in charge, seizure and in violation of these regulations relating to the activities of establishments, seized for violation of the exercise of the related items. 32nd no unit and individual provisions set out in article 25th conditions, may be reported to post management.

    Postal authorities after receiving the report, shall promptly investigate and deal with.

    33rd postal administration staff to control clients ' business secrets, confidential.

    The fifth chapter legal liability 34th article violates this article fifth, seventh, Nineth and tenth of the relevant management regulations, by postal administrations shall be ordered to correct.

    Refused to correct, punishable by fines of less than 3,000 yuan and 10,000 yuan.

    35th article violates this article 11th, 15th paragraph on licensing regulations, by postal authorities in a warning and fined 10,000 yuan and 30,000 yuan fine.

    36th article violates this article 25th, 26th, 27th article, by postal authorities in a warning in serious cases, and to a fine of up to 5,000 yuan and 30,000 yuan constitutes a crime, criminal responsibility shall be investigated according to law. 37th in violation of the provisions of article 18th, 30th, by postal administrations shall be ordered to correct.

    The circumstances are serious, punishable by fines of less than 10,000 yuan and 30,000 yuan.

    The sixth chapter supplementary articles 38th article of the rules take effect on August 1, 2011. Under the administrative measures for the philatelic market, 2000 (national post office, State administration for industry and 1th order) repealed simultaneously.