(The 46th ordinary meeting of the Government of the XIV People's Republic of 23 November 2010 to consider the publication of Government Order No. 208 of 24 November 2010, effective 1 January 2011)

Chapter I General

Article 1 establishes this approach in the light of the provisions of the relevant laws, regulations and regulations, in order to regulate the operation of market brokering organizations, preserve the management order of market intermediaries, promote health development in brokering services, protect the legitimate rights and interests of market intermediaries and commissioners.

Article 2 refers to market intermediation organizations (hereinafter referred to as intermediary organizations), established by law, using expertise and know-how to provide reimbursable legal persons and other organizations to the commissioner. Includes:

(i) Independent audit bodies, such as accounting;

(ii) Assessment bodies such as assets, land, real estate, construction of project environmental impacts and safety;

(iii) Identification bodies such as testing, testing, certification;

(iv) Measuring, treasury, science and technology and training services;

(v) Advisory bodies such as information, technology, engineering;

(vi) Presentation bodies such as vocational, talent, marriage and education;

(vii) Business registration, advertisement, trademark, patent, tax, solicitation, government procurement, auction, private entry, brokering, freight forwarding, real estate, etc.;

(viii) Financial market intermediaries, such as insurance, securities, freight;

(ix) Services such as lawyers, legal services;

(x) Other organizations provided for by law, regulations.

Article 3. Intermediation organizations and practitioners in the executive branch of the city are subject to this approach.

Article IV provides guidance, coordination of the supervision and management of industry authorities and intermediary organizations and practitioners in the joint meeting of the IOMC. The municipal business administration is responsible for the supervision and management of the day-to-day work of the intermediary organizations and practitioners.

Other industry authorities are able to oversee and manage intermediaries and practitioners within their respective responsibilities.

Intermediation organizations do not have a clear industrial authority, which is determined by the municipal, district and municipal governments in accordance with the principle of operational proximity.

Article 5 Intermediation organizations have established industry associations. Intermediation organizations should join industry associations.

Industry associations should develop self-regulation codes and awards rules for the industry, play a role in industry services, industry self-regulation, industry representation, industry coordination, and guide and facilitate the development of brokering services.

Article 6. Intermediation organizations and practitioners should be guided by principles such as voluntary, equal, honest credit and compensation in the course of the operation.

Chapter II

Article 7. The branches established by brokering organizations and intermediary organizations should have fixed place of business within the city's administration.

Intermediation organizations should apply for registration to administrative authorities with managerial functions. The field intermediary organizations have established branches in this city and should apply for registration or filing to industry authorities in the branches' locations.

Unregistered registration shall not engage in brokering services.

Article 8, with the approval of the industrial authorities of the province and the introduction of the operation of the intermediary and the governing body responsible for the management of qualifications (qualification) in the administrative area of the city, should be made available to the municipal, district (market) industry authorities for the qualifications (qualification).

Intermediation organizations and practitioners that do not have the qualifications (qualified) management operate within the city's administration area should be made available to the municipal, district (market) industry authorities.

Article 9. Intermediation organizations should assume their legal responsibility independently and shall not be subordinate to the executive organs.

The staff of the executive branch shall not be present in an intermediary organization.

Article 10. Intermediation organizations are independent of brokering activities under the law and no units and individuals may interfere.

Article 11. Intermediating organizations are charged with government pricing or government guidance and should be granted by law by government or price authorities; they are market-adjusted and determined by brokering organizations and parties in consultation. Except as otherwise provided by law, legislation and regulations.

Intermediating organizations should be charged with setting minimum tenders.

Article 12. Intermediating organizations and parties shall generally enter into brokering service contracts.

Intermediate practitioners should operate within an intermediary's organization and should not operate in parallel with the intermediary organizations of the two same industries.

Article 13 Intermediation organizations should keep records of the operation, original vouchers, books and brokering contracts in good custody. The content of the performance record includes:

(i) Procedural and author's requirements for commissioning;

(ii) Costs charged and means of payment;

(iii) Operational norms to be observed in the performance of contracts;

(iv) Implementation of the matter entrusted.

Article 14. Intermediation organizations and practitioners shall not include:

(i) Information, information that endangers national security and the public interest;

(ii) Exemptive competition instruments, such as price pressure and repayment;

(iii) Acting on behalf of others or allowing other units and individuals to operate in the name of the Organization;

(iv) Disinformation on services or commodities;

(v) Constrainting, changing documents and vouchers, providing false information and false instruments;

(vi) Disclosure of the commercial secret and personal privacy of the author;

(vii) To request, receive payments and other property other than contractual agreements, or to use the operation to facilitate other unjustifiable interests;

(viii) The unlawful means of concealing, fraud, coercion, bribery and collusion, which undermine the interests of the author and others;

(ix) Forcible or transcendant marketing of commodities, service delivery;

(x) Other acts prohibited by law, regulations.

Article 15. The executive branch shall not designate or adapt to the designation of an intermediary to serve the author and shall not create an exclusive condition for the author's choice of an intermediary organization.

Article 16 allows industry authorities to organize specialized training for intermediaries' practitioners and to enhance the quality and competitiveness of the services of the intermediary organizations.

Chapter III Credit management

Article 17 intermediary organizations have a credit hierarchy system. However, other provisions are provided by law, legislation and national industry authorities.

Intermedia organizations' credit levels are divided into compliance, warning, misconceptions and bad faiths.

Article 18 Intermediating organizations a credit hierarchy approach developed by other industry authorities in the municipal business administration.

The results of the intermediary's credit rating should be presented to society.

Article 20 establishes an intermediary's credit incentives mechanism. The following treatment is provided for by the Compliance Intermediation Organization:

(i) In accordance with the annual vetting conditions, and in follow-up;

(ii) Freedom from routine inspections in addition to specific inspections and reports;

(iii) The opening of “green corridors” for services could be facilitated.

Article 21 Intermediation organizations, misconceptions and serious misconceptions may not be assessed as a prominent trademark or as recommended against the evaluation of trademarks and well-known trademarks, nor shall they be involved in the assessment of excellence and integrity.

The administration, the State asset regulation body, the cause unit, the State enterprise and the State Control Unit enterprises should be entrusted with brokering services, and should not be delegated to the intermediary' organizations, the organizations that are misconceptions and the organizations of serious misconceptions.

Article 2

Chapter IV Oversight management

Article 23. Industry authorities should join the computer credit archival interconnection system and send relevant information in a timely manner to the municipal business administration sector.

Article 24 shall monitor the activities of the intermediary organizations and practitioners.

Oversight inspections can be carried out by recording, recording, video, photographing and reproduction.

Article 25 When the industrial authorities carry out inspections, the intermediary and the practitioners of the inspected should cooperate without concealing, falsifying and destroying relevant information.

Article 26 citizens, legal persons and other organizations consider that intermediary organizations and practitioners violate their legitimate rights or conduct in violation of their legitimate rights, may lodge complaints to the industry associations or report directly to the competent industry or administrative effectiveness complaints centres.

Article 27 of the industry authorities have found cases that are not under the jurisdiction of the sector and should be transferred to the joint meeting of the regulatory development intermediary of the city, coordinated by the joint meetings of the municipal normative development intermediary organizations.

Article twenty-eighth citizens, legal persons and other organizations believe that industry authorities are entitled to report to the administrative inspectorate in violation of the provisions of this approach, and that the administrative inspector should be treated in accordance with the law, and that the results should be communicated to the reporting person.

Chapter V

Article 29 Intermediation organizations and practitioners have one of the following cases, which are being responsibly modified by the industrial authorities, have the proceeds of the violation, confiscate proceeds of the offence and imposes a fine of between 1 and 3 times the proceeds of the violation, but the highest amount shall not exceed $300,000; the proceeds of the offence are subject to fines of more than 5,000 dollars.

(i) Intermediating organizations operating in the same two industries;

(ii) Non-registered registration in violation of article 7 (2) of this approach;

(iii) Violations of article 14, subparagraphs (i) to (iii) of this approach.

Article 33 Intermediation organizations and practitioners are charged with charges for brokering services in violation of the law or are engaged in brokering services, and are punished by the relevant industry authorities in accordance with the relevant laws, regulations and regulations.

Article 31 states that an intermediary organization is not in a position to do so and is subject to a fine of US$ 2000.

Article 32 Intermediation organizations and practitioners, in violation of the provisions of Articles 14 (iv) to (x) of this scheme, shall be liable under the law to the author or another person for economic losses.

Article 33 Intermediation organizations and practitioners impose administrative sanctions decisions on industrial authorities or other specific administrative acts that may be applied by law for administrative review or administrative proceedings.

Article 34 of the industry authorities and their staff have one of the following cases, which are governed by the law by the executive inspectorate and the competent authority; which constitutes an offence and are held criminally by law:

(i) The registration and filing procedure submitted by the parties in accordance with the law;

(ii) The non-recognition of the intermediary of the member organization, as required;

(iii) A breach of the provision for the organization of an intermediary;

(iv) Designating intermediary organizations for commissioners;

(v) No credit information was collected, sent, recorded and published by an intermediary;

(vi) The commission of offences committed by an intermediary, as prescribed;

(vii) In violation of article 21, paragraph 2, of the scheme by administrative organs, State-owned asset regulatory bodies, business units, State-owned enterprises and State-owned companies, entrusting brokering organizations with the provision of services;

(viii) Other cases in which responsibility should be held.

Annex VI

Article XV of this approach refers to “industrial authorities” which includes business, civil affairs, finance, housing and property, justice, audit, urban and rural construction, planning, national taxes, land-use resources, public safety, material, education, water, human resources and social security, environmental protection, quality technical supervision, safety production monitoring, science, commerce, transport, tourism, small and medium-sized enterprises (financial), customs.

Article XVI provides otherwise for the penalties of the intermediary's organizations by law, regulations and regulations.

Article 37