Administrative Measures For Commodity Trading Market In Kunming City

Original Language Title: 昆明市商品交易市场管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201110/20111000351904.shtml

Administrative measures for commodity trading market in Kunming city

    (January 26, 2011 Kunming Executive meeting of the 13th session of the people's Government of the 1th through March 13, 2011 107th Kunming city people's Government promulgated as of April 14, 2011) Chapter I General provisions

    First in order to maintain market order, standardize market transactions, protect market users, operators and the legitimate rights and interests of consumers of goods, according to the regulations of the administration of commodity transaction markets in Yunnan province and relevant laws and regulations, combined with the city's actual, these measures are formulated.

    Commodity trading market in these measures in article (hereinafter market) is offered by the market to implement management, focus on multiple product managers independently engaged in means of production and subsistence commodities trading or profit-making services, such as a fixed place of business.

    Market in these measures refers to the legally established, market, management, service and management of the citizens, legal persons and other organizations.

    Commodity operators mentioned in these measures refers to independent commodity in the market selling or providing for-profit services by citizens, legal persons and other organizations.

    Article marketing within the administrative area of the city planning, construction, start-up, management and related regulatory activities, these measures shall apply.

    Fourth of municipal and County (city, district) people's Governments shall encourage and support the market building, guide the market towards standardization, large-scale, enhancement of capabilities and standards.

    Fifth of municipal and County (city, district) Administration for industry and commerce is responsible for market supervision and management within their respective jurisdictions.

    Business, planning, public safety, environmental protection, housing, development, urban management, agriculture, health, quality and technical supervision, food and drug administration, in accordance with their respective responsibilities, to provide services for the market, market supervision and administration.

    Article sixth market industry associations should play a self role, providing guidance and services for members, promoting construction of credit system.

    Planning and construction of chapter

    Article seventh city, County (city, district) Business Administration Department shall, jointly with relevant departments, according to urban and rural planning, follow the flow of profitable production, facilitate living, active, rational layout of the principle, in accordance with the rights and responsibilities, preparation of commercial network programming and implementation reported to people's Governments at the same level for approval, and to the public.

    Approved commercial network programming, not change; change, shall, in accordance with the original procedures for approval.

    Eighth building, modification (extension) market or non-market to market, the market changed format, shall conform to the commercial network planning requirements, satisfy the conditions of urban and rural planning and management control.

    Has built the market do not meet the commercial network planning, renovation or relocation.

    Nineth new, modified (extension) market, shall obtain a planning, land, business, construction, environmental protection and other related procedures.

    Chapter III market opening and operation

    Article tenth open market subject to the following conditions:

    (A) commercial network planning;

    (B) appropriate premises, facilities and financial resources;

    (C) consistent with law and order, traffic, fire control, environmental protection, environmental hygiene and other requirements;

    (D) other conditions stipulated by laws and regulations.

    11th market should be in accordance with provisions of laws and regulations, approval for investment projects, planning, land properties and uses, fire, and environmental impact assessment procedures, and shall be registered in industrial and commercial administration departments, after registration, to operate.

    Unregistered and establishing markets, must not use the pre approved and registered company name of the market engaged in investment activities.

    12th market enjoys the following rights:

   (A) in accordance with the approved mode of operation, operate independently within the approved scope of business;

    (B) in accordance with the contract at market costs such as site and facility rentals;

    (C) reject illegal charges and various forms of assessment;

    (D) other rights prescribed by law, rules and regulations.

    13th market shall fulfil the following obligations:

    (A) the establishment of daily management within the market institutions and market management, and product quality and safety, fire protection, security, health, emergency and other systems, equipped with the appropriate facilities, equipment, facilities and personnel;

    (B) view the site operator's license, permits and other supporting documents are complete;

    (C) is responsible for operating the facility pursuant to the provisions of the maintenance, renovation and other improvements in operating conditions to ensure that facilities are safe and sound and runs normally;

    (D) the free market set clear signs, billboards, monitoring units (boxes) and other facilities;

    (E) implementation of the classification of goods, subregional management;

    (Vi) reports in a timely manner and in harmony with the relevant administrative departments to address market operating without a license and other violations;

    (VII) urge the commodities dealers shall operate to protect occupied channel, ultra-free operation of the market;

    (H) the unified garbage container is responsible for garbage and keep the capacity the look clean and assist relevant departments in disease vector control;

    (I) the implementation of food safety management responsibility and urge commodity operators in the market implementation of food safety standards and requirements;

    (10) set up parking areas, keep vehicles parking order;

    (11) other obligations provided by laws, rules and regulations.

    14th market and commodity operators should enter into a written contract, agreed between rights and obligations, as well as breach of contract, dispute settlement and other matters.

    15th market should be in accordance with relevant laws, regulations, provisions of the regulations, establish and improve the market access management system, market operations and sanitation protection system, unqualified products withdrawn from the market system and commodity operators dispute mediation system, credit system, trading system.

    16th market must not be any of the following acts:

    (A) to provide commodity operators engaged in illegal trading, warehousing, transport, storage conditions and the ticket;

    (B) illegal means and investment operation by way of unfair competition;

    (C) to provide commodity managers with the same terms and conditions or the service, implementing differentiated services;

    (D) other behaviors prohibited by laws, rules and regulations. Article 17th exhibition and other merchandising activities, contractors should establish compensation system.

    And before the exhibition starts in the 3rd, the related approval documents and certificates to the seat of the County (city, district) Administration for industry and Commerce Department.

    The fourth chapter commodity operators

    Article 18th entry fixed pavement commodity operators engaged in business activities and a fixed pitch, shall be registered to the local industrial and commercial administrative departments to apply for registration to obtain business licenses.

    19th commodity operators have the following rights:

    (A) require the market to provide fire protection, security, electricity, water, ventilation, sanitation and other necessary conditions;

    (B) to the market to eliminate security risks and improving the market order, and can be reported to the relevant administrative departments;

    (C) reject illegal charges and assessments;

     (D) other rights prescribed by law, rules and regulations.

    Article 20th commodity business operators shall comply with the following provisions:

    (A) the payment of taxes in accordance with law;

    (B) compliance with market rules, clearly, civilized operating;

    (C) sale, offering environmentally friendly shopping bags;

    (D) in accordance with the classification of goods, operating in the subregion, in designated areas, location management, merchandise neatly;

    (E) keeping their stalls clean, no remaining spam;

    (F) according to the designated location parking;

    (G) engaged in sales of food, wear a health certificate, use special containers, food tongs, clean packages;

    (H) shall not exceed, occupy the market channel operation;

    (IX) should not be discarded, piled up debris, spilled sewage, dumping dirt;

    (10) are not allowed to post, suspension, distribute outdoor advertising and print advertising;

    (11) shall not issue false purchase documents or refuse to issue a purchase voucher.

    21st market trading is prohibited in the following articles or commodities:

    (A) contains violations of laws and regulations and national rules prohibit content of books, audio-visual products, such as publications, printed matter and other cultural undertakings;

    (B) national implementation of licensing systems but goods without a license;

    (C) protected by State decrees and banned the sale of animals and plants and their products;

    (D) fake and shoddy goods, defective goods, the State has been officially eliminated and expired goods;

    (V) toxic, noxious, rotten, not according to the regulations of quarantine, inspection or quarantine, inspection of substandard food products, aquatic products, agricultural products, livestock and poultry;

    (F) the laws, rules and regulations prohibit transactions of other articles or commodities.

    22nd article marketing is prohibited in the following acts:

    (A) monopoly supply, forced deals, dominate;

    (B) the State has been officially eliminated, failed, without verification of measuring instruments, using measuring instruments, falsification, short of small, dear;

    (C) the use of commodity transaction contracts for fraud;

    (Iv) fabricating and spreading the information of price rising, driving up prices and pushing up commodity prices were too high;

    (E) other behaviors prohibited by laws, rules and regulations.

    Supervision and administration of the fifth chapter

    Article 23rd counties (cities, districts) shall perform the following duties:

    (A) programme management plans, develop urban and rural markets;

    (B) the provisional supervision, guidance of township (town) people's Governments, neighborhood offices implementing marketing plans, programmes;

    (C) coordination, supervision and administration departments in market management, food safety, environmental health in comprehensive management of the market;

    (D) illegal market in the group area.

    24th main industrial and commercial administrative departments shall perform the following duties:
(A) promote implementation of laws, rules and regulations concerning market administration;

    (B) guidance market development market management rules and regulations, and supervise their implementation;

    (C) operators at the market, product registration and supervision;

    (D) to guide the market, operators of goods and services;

    (E) to receive consumer complaints, investigate and punish violations committed within the market;

    (Vi) Organization credit creating activity;

    (VII) other duties stipulated by laws, rules and regulations.

    25th industrial and commercial administrative departments and relevant administrative departments in establishing market credit classification supervision system, record market and commodity operators integrity management, and open to the public.

    26th, commercial administrative departments for industry and commerce shall establish and improve the market information system of open queries, provide information services to the public.

    27th of industry and commerce, health, agriculture, quality supervision, food and drug administrative departments should be on the market within published complaint telephone and contacts should be recorded after receiving the reports, complaints, investigation and treatment in a timely manner, and respond to reports, pursuant to the provisions of the complainant.

    28th administrative departments concerned and their staff working in market supervision and management should be impartial, civilized management, accept supervision by the market, commodities, business operators and consumers.

    Article 29th Administration Department and legal inspection and quarantine units concerned, in accordance with work requirements, or management bodies established a presence in the market, market should provide convenience.

    Or any other relevant administrative departments for industry and Commerce according to the duties when entering the market supervision according to law, market and commodity operators shall cooperate, refuse and obstacles.

    The sixth chapter legal liability

    30th article violation this approach 13th article subsection (three) items provides of, by business administration sector ordered deadline corrected, late not corrected of, on market opened who sentenced 10,000 yuan above 30,000 yuan following of fine; violation this approach 13th article subsection (four), and (five) items provides of, by business administration sector ordered deadline corrected, late not corrected of, on market opened who sentenced 2000 Yuan above 10,000 yuan following of fine.

    31st in violation of the provisions of article 15th, the industrial and commercial administrative authority shall order correction within, it fails to mend, impose fines on the market less than 2000 Yuan and 10,000 yuan fine.

    32nd article violates this article 16th paragraph (a), (b) the provision, by the Administrative Department for industry and Commerce ordered corrective action and illegal gains, illegal proceeds more than 1 time fined not more than 5 times, but shall not exceed a maximum 30,000 yuan; no illegal proceeds, fined 10,000 yuan and 30,000 yuan fine.

    Article 33rd disobey article 17th, holding various product marketing activities are not recorded, the industrial and commercial administrative authority shall order correction within, it fails to mend, the marketing activities of contractor up to 6000 Yuan and 30,000 yuan fine.

    34th article violates this article 20th paragraph (d), (e), (h), (I) the provision of, the industrial and commercial administrative authority shall order correction within, it fails to mend, and impose fines on to the trading of goods more than 50 Yuan 1000 Yuan fine.

    35th violates the second paragraph of article 29th of this approach, refusing to accept the supervision and examination of Administration for industry and commerce, by the Administrative Department for industry and Commerce ordered corrective action and refused to correct, punishable by fines of less than 2000 Yuan and 10,000 yuan.

    36th article violates other illegal acts as provided herein, by the relevant administrative department in accordance with the relevant laws, rules and regulations for punishment.

    37th administrative departments and their staff in market management favoritism, abuse their powers, neglect their duties, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

    The seventh chapter by-laws 38th article of the rules as of April 14, 2011. Kunming city, Kunming municipal people's Government promulgated on February 18, 2000, the implementation of the measures for the supervision and administration of commodity transaction markets (19th in Kunming city people's Government) abrogated.