Nanchang City, Market Intermediary Organizations Management

Original Language Title: 南昌市市场中介组织管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201506/20150600399279.shtml

Nanchang city, market intermediary organizations management

    (October 25, 2013, Nanchang city people's Government Executive meeting of the 14th through December 4, 2013 152th Nanchang city people's Government promulgated as of February 1, 2014) Chapter I General provisions

    First in order to strengthen management of market intermediary organization, market intermediary organizations, and safeguarding legitimate rights and interests of the parties market intermediary service activities, promote the healthy development of the market intermediary organizations, in accordance with the relevant laws and regulations, combined with the city's actual, these measures are formulated.

    Article Marketing intermediary services activities within the administrative area of the city and its supervision and management, application of this approach.

Third market intermediary organizations in these measures refers to legally registered by the industrial and commercial administrative departments to set up and use specialized knowledge or expertise for the client to provide identification, agency, information technology services and other intermediary services of the following non-profit organizations:

(A) accounting and audit independent audit organization;

(B) assets (including natural resources), safety, energy saving and environmental impact assessment (evaluation) Organization;

(C) inspection, testing, certification, accreditation and other forensic organizations;

(Iv) surveying and mapping archives, training, supervision, and other service organizations;

(V) information, such as credit, technology, construction engineering, market research advisory bodies;

(F) the introduction such as human resources, marriage, domestic work, study abroad organization;

(VII) registration, advertising, taxes, tenders, real estate, auction, sale of motor vehicles, license management, brokerage agents, such as organizations of all kinds;

    (H) consistent with the other market intermediaries as provided herein.

    Fourth city, County (district) people's Governments shall establish and improve the management coordination mechanism and standardize the market intermediary organization's development, coordination, and urge the relevant departments and organizations of supervision and administration of market intermediary organizations, the industrial and commercial administrative departments at the same level are responsible for the daily work.

Fifth of municipal and County (district) people's Government departments and legal and authorized rights to administer public affairs functions of the Organization (hereinafter referred to as market intermediary authorities) within the scope of their respective duties and responsibilities of market intermediary organizations supervision and administration.

    Relevant market intermediary organizations Department of management duties and disagrees with the specific matter, determined by the municipal people's Government.

    Sixth market intermediary organizations and their employees should follow the legal, voluntary, principles of fairness, integrity, compliance with rules of practice and professional ethics, maintaining the lawful rights and interests of the client.

    Seventh market intermediary organizations industry associations should develop service standards and self-regulatory codes, raising the standard of market intermediary organizations and their workers, protect legal rights of market intermediary organizations and their workers, and promote the healthy development of the market intermediary organizations.

Article eighth units or individuals found that practitioners of the illegal market intermediary organizations and their employees are entitled to departments responsible for the supervision and management of market intermediary organization complaints and reports.

    Units or individuals found that authorities not to carry out its oversight of market intermediary organizations management duties or improper, supervision and administration of the law, right to file a Watchdog complaint or accusation.

    Chapter II establishment Nineth set up market intermediary organizations shall be registered to apply for the establishment of the Administrative Department for industry and commerce in accordance with law.

Laws, administrative rules and regulations before the establishment of market intermediary organizations should be registered in the industrial and commercial market intermediary organizations approved by the competent authorities, shall, before applying for registration apply for approval in accordance with law.

Market intermediary organizations set up branches, branch is located shall be the Administrative Department for industry and commerce registration.

    Market intermediary organizations and their branches set up, otherwise provided by laws and regulations, from its provisions.

    Tenth law, administrative regulations, market intermediary organizations and their employees implement qualification, licensing, market intermediary organizations and their employees shall obtain a relevant qualification, licensing, and conduct operations within the approved scope of business activities without licensing, practitioners should have engaged in brokering activities required knowledge, skills, and so on.

    11th industrial and commercial administrative departments should establish collaborative mechanisms with other intermediary authorities, timely communication and publication of market intermediary organizations set up, change, cancellation, cancellation of business license or revocation of license, reduce or cancel the qualification information.

    12th market intermediary shall not be attached to State organs or institutions with administrative functions shall be subject to State organs or executive law enforcement functions and institutions of interest.

    Chapter practice 13th market intermediary organizations provide intermediary services, it shall be intermediary service contracts with clients.

    Laws, regulations, or as agreed by the parties in writing of intermediary service contracts, shall be made in written form.

    14th market intermediary organizations should be at its business premises prominently hung business license, tax registration certificate, market intermediary organizations and their employees qualification (qualification) certificate, license to practice, and publish its telephone services, fees, complaints and so on.

15th the client shall have the right to free choice of market intermediary organizations provide services. Market intermediary organizations and their employees the legal practitioners act is protected by law, and no unit or individual shall interfere.

State organs and institutions have executive law enforcement functions shall not be designated or in disguised form specify the market intermediaries, or set conditions for exclusive clients lose market intermediary organization's legal right to choose.

    Financial investments or financial investment projects, market intermediary organizations provide services, should be open and selected.

16th market intermediary organizations should be in accordance with the express charges, fees or market intermediary service contracts to charge clients.

    Implement Government pricing or Government guidance prices of market intermediary service, market intermediary organizations should implement the relevant provisions to Government pricing or Government guidance prices.

    17th market intermediary organizations shall establish a system of business records, record business, and keep business records, original documents, books and service contract information not provided for in laws, regulations, rules, shelf life from the date of the completion of service contract of not less than 2 years.

18th market intermediary organizations and their employees shall not be any of the following acts:

(A) to provide information that could endanger national security and public interests, information;

(B) the services to make false propaganda, force or disguised forced to provide services;

(C) providing false information, information provided by or on behalf of others and issue false reports, documents or other files;

(D) the name of another person to practise, or other organizations or individuals are allowed to the Organization on behalf of the employees of the organization or practice;

(E) the trustee for concealment, fraud, intimidation, collusion or other illegal means, and damage the interests of clients or others;

(F) disclose the principal commercial secrets or individual privacy;

(G) pay or is not in accordance with the provisions to ask for or accept remuneration or other property other than contracts, collect a security deposit, down payment, advance payment, sample or other practitioners to seek illegitimate benefits;

(H) the soliciting business by unfair competition means;

(I) employ no personnel who are qualified to engage in requires the licensing of intermediary business;

    (10) other acts prohibited by laws, regulations and rules.

    The fourth chapter monitor

    19th city and County (district) people's Governments shall actively promote the construction of credit system of market intermediary organizations, establish a market intermediary organizations in China and its credit management system, a sound credit mechanism of rewards and punishments.

    20th market intermediary organization market intermediary organizations and their employees shall be recorded by the competent business credit, establishment of credit archives and credit information of market intermediary organization in China and its collection, the supervision and control of the distribution and/or use.

Departments should strengthen the article 21st market intermediary organization market intermediary organizations and their employees engaged in behavior and practice qualification (qualification) conducting supervision and inspection, in accordance with the Division of responsibilities, to investigate and punish violations.

    Market intermediary authorities in supervision and inspection, market intermediary organizations and their employees found violations of administrative rights belonging to other sectors, should be transferred to other departments in a timely manner.

22nd market intermediary organizations Department of market intermediary organizations and their employees when conducting supervision and inspection, without prejudice to their normal business activities shall not solicit or accept a property and gain other benefits, in the inspections involve State secrets, business secrets and personal privacy should be kept confidential.

    Review of market intermediary organizations and their employees shall cooperate, not concealment, falsifying or destroying data.

    23rd supervisory departments should strengthen the market intermediaries supervision and administration of the competent departments to carry out supervision and inspection, to investigate and punish failure to comply or does not properly perform supervision and administration of the Act.

    Chapter fifth penalty

    Article 24th market intermediary organizations and their employees in violation of this article 17th, laws, rules and regulations on penalties, in accordance with its provisions without penalty, by the Department of market intermediary organization rectification, and fined 1000 Yuan more than 5000 Yuan fine.

    25th market intermediary organizations and their employees in violation of this article 18th, laws, rules and regulations on penalties, in accordance with its provisions without penalty, by the Department of market intermediary organization rectification, it fails, a fine of 3000 Yuan and 20,000 yuan fine.

    26th market intermediary organizations departments and their functionaries, malpractice, neglect their duties, the directly responsible person in charge and other direct liable persons shall be disposed of; constitutes a crime, criminal responsibility shall be investigated according to law.

    The sixth chapter supplementary articles 27th article this way come into force February 1, 2014.