Jilin City, Market Intermediary Organizations Management

Original Language Title: 吉林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/201105/20110500340862.shtml

Jilin city, market intermediary organizations management

    (November 23, 2010 Executive meeting of the 14th session of the people's Government of the 46th district, Jilin city on November 24, 2010, people's Government of Jilin announced order No. 208, come into force on January 1, 2011) Chapter I General provisions

    The first to standardize the practice of market intermediary organization, market intermediary organizations management order, promoting the healthy development of intermediary services, protect the legitimate rights and interests of market intermediaries and clients, in accordance with the relevant provisions of laws and regulations, based on actual city, these measures are formulated. II market intermediaries in these measures (hereinafter the Agency) is established by law, professional knowledge and expertise, legal persons and other organizations that provide paid services for clients.

    Included:

    (A) independent audit institutions, including accounting services;

    (B) assets, land, real estate, the construction project environmental impact and safety assessment bodies;

    (C) testing, inspection, certification and accreditation bodies;

    (D) mapping, project management, technology, training and other services;

    (E) information, technology, engineering, and other advisory bodies;

    (Vi) occupations, talents, such as marriage, education agencies;

    (G) industrial and commercial registration, advertising, trademarks, patent, tax, bidding and Government procurement, auctions, private immigration, brokerage, freight forwarding, customs brokerage, real estate and other agencies;

    (H) the insurance, securities, futures and other financial intermediaries;

    (IX) services such as lawyers, legal services;

    (J) the laws and regulations of other organizations.

    Third practice within the administrative area of the city of intermediary organizations and practitioners are required to comply with these measures. Fourth of municipal development agency is responsible for the direction, coordination of the joint industry authorities and intermediary organizations and practitioners of the supervision and management.

    Municipal administration for industry and commerce is responsible for intermediary organizations and personnel supervision and management work of practice.

    Other competent authority, within the scope of their respective duties and make intermediary organizations and practitioners of supervision and management.

    No clear trade authorities of intermediary organizations, city and County (City) Government in accordance with the principle of work is closely related to identify industry authority. Article fifth intermediary organization established trade associations.

    Intermediary organizations should join trade associations.

    Industry associations should develop the self-discipline regulations and disciplinary rules of the industry, industrial services, industrial self-discipline, industry representatives, industry coordination role, guiding and promoting the development of intermediary services.

    Sixth intermediary organizations and practitioners in the course of their practice, voluntariness, equality, honesty and principle of making compensation.

    Chapter II administration of practice

    Article seventh intermediary organizations and intermediary organizations set up branch offices shall have a fixed place of business in the administrative area of the city. Set up an intermediary body shall apply to the management functions of the executive authorities to register.

    Intermediary organizations in the field to set up branches in this city, shall apply to the departments in charge of industry, where the branch register or for the record.

    Do not register and shall not engage in intermediary activities.

    Article eighth above competent authority approved by the province and qualification (qualification) management of intermediary organizations and practitioners practising in the administrative area of the city, shall be filed with the city and County (City) industry authority qualification (qualification) record.

    Implementation of qualification (qualification) management of intermediary organizations and practitioners practising in the administrative area of the city, shall be filed with the city and County (City) practising industry authority record.

    Nineth intermediary organizations shall bear legal responsibility shall not be attached to the executive authorities.

    Executive staff shall not be part-time in the Agency.

    Tenth intermediary organizations engaged in brokering activities independently according to law, and no unit or individual shall interfere. 11th agency fees belonging to Government pricing or Government guidance prices, shall obtain approval from the Government or a Department in charge of price; are market-regulated prices, determined by intermediary organizations and parties.

    Except as otherwise provided by laws and regulations.

    Intermediary fees should use price labels in accordance with the regulations.

    12th intermediary organizations and the parties enter into a service contract shall, in General, in writing.

    Mediation practitioner should practise an intermediary organization, shall simultaneously in two or more intermediary organizations in the practice of the same industry. 13th intermediaries shall properly keep the medical industry records, original vouchers, accounting books and agency contracts.

    Practice records include:

    (A) the matters entrusted and the principal requirements of the entrusted matters;

    (B) the charging of fees and method of payment;

    (C) to perform the contract shall comply with the business norms;

    (D) implementation of the commitments.

    Article 14th intermediary organizations and practitioners in intermediary activities may not be any of the following acts:

    (A) provide information, information prejudicial to State security and social and public interests;

    (B) prices, kickbacks or other improper means to contract competition business;

    (C) the name of another person to practise or other units or individuals are allowed to practise in the name of the Organization;

    (D) for services or merchandise to make false propaganda;

    (E) forging, altering documents and vouchers, providing false information and issue false instruments;

    (Vi) disclosure of client business secret and individual privacy;

    (VII) to ask for or accept fees and other outside the contracted property, or use the practice facilities gain other improper interests;

    (H) the concealment, fraud, coercion, bribery, collusion or other illegal means, and damage the interests of clients and others;

    (I) forced or hard sell goods, provide services in disguise;

    (10) other acts prohibited by laws and regulations.

    15th administrative authorities shall not designate or intermediary for the client to provide services specified in a disguised form shall be placed on the client selected intermediary organizations set up exclusive conditions.

    16th the competent authority can organize professional training for Agency practitioners, improving the quality of intermediary services and competitiveness.

    Chapter III the credit management Article 17th intermediary credit rating system.

    However, laws, regulations, and except as otherwise provided by national authorities.

    Agency credit ratings are divided into credit, prohibition, breach of trust and credibility in serious.

    Article 18th intermediary credit rating approach by the municipal administration for industry and Commerce departments in other industries.

    Article 19th intermediary credit rating results should be open to the public. 20th established intermediary credit incentive mechanism.

    Support trustworthy intermediary organizations, and enjoy the following benefits:

    (A) meet the conditions for inspection and free trial, along with a check;

    (B) in addition to special examinations and reports from routine inspections;

    (C) services can open up the "green channel" convenience.

    Article 21st warning intermediaries, credit intermediaries and serious credit intermediary shall not be assessed to well-known trademarks, or recommended assessment of well-known trademarks and famous trademarks shall not be involved in selecting the best recognition and credit assessment.

    Administrative organs, State-owned assets regulatory agencies, public institutions and State-owned enterprises and State-owned holding Enterprise shall entrust a trustworthy intermediary organization to provide intermediary services, trust warning intermediaries, credit intermediaries and serious credit intermediary organization to provide intermediary services.

    22nd intermediary organizations and practitioners of credit information should be made public at the municipal credit market intermediary organizations network.

    Supervision and administration of the fourth chapter

    23rd trade authorities should include computers credit archives system, and related information submitted to the municipal administration for industry and Commerce Department in a timely manner.

    24th trade authorities should be on the intermediary organizations and practitioners practice of conducting supervision and inspection.

    Supervision can take the record, sound recording, video recording, photography and copy, and so on.

    When the 25th trade authorities carry out inspections, checking the intermediary organizations and practitioners shall cooperate, not concealing, forging or destroying relevant information.

    26th the citizens, legal persons and other organizations believe that intermediary organizations and practitioners in violation of their legal rights or violations, complaints to the Association or to report to the competent authority or administrative effectiveness Center, or you can directly initiate litigation to the people's Court.

    27th to cases brought before the competent authority article found does not belong to the jurisdiction of the Department, should be transferred to the joint meeting of the city development agency, coordinated by the joint meeting of the municipal development agency promptly processed by relevant departments.

    Article 28th of citizens, legal persons and other organizations considered departments in charge of industry in violation of the rules, is entitled to administrative supervision departments, administrative supervision departments shall accept; real name reporting, whistle-blower should be informed of the results.

    Chapter fifth penalty

    Article 29th of intermediary organizations and practitioners in the following circumstances, the competent authority shall order correction within, has illegally obtained, confiscate the illegal income and imposed illegal proceeds fine 1 time to 3 times, but the maximum amount shall not exceed 30000; no illegal income, and fined 1000 Yuan more than 5000 Yuan the following fines:

    (A) practising in two or more intermediary organizations with the same industry;

    (B) violation of the provisions of this article seventh para, no registration;

    (C) in violation of this article 14th (a) to (c) provided.

    Article 30th illegal intermediary organizations and practitioners charge a service fee, or beyond the scope of intermediary services, by the competent authority concerned in accordance with the relevant laws and regulations for punishment.

    31st agency violates the measures under article eighth, not for the record, by the competent authority concerned a rectification, and fined 2000 Yuan fine.

    Article 32nd intermediary organizations and practitioners in violation of the 14th (d) to (j) provisions, causing economic loss to the principal or others, shall be liable.
Article 33rd intermediary organizations and practitioners on the competent authority made the decision on administrative penalty or other specific administrative acts, may apply for administrative reconsideration or bring an administrative suit.

    34th trade authorities and their staff has any of the following circumstances, administrative supervision and authority to investigate and punish by constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) fails to apply for registration and filing procedures submitted by the parties;

    (B) is not in accordance with the regulations to their implementation of reorganization of intermediary organizations;

    (C) in violation of regulations in the part of intermediary organizations;

    (D) for the designated intermediary organizations;

    (E) the collection, submission, not according to stipulations recorded in credit information and public intermediary organizations;

    (Vi) is not required to accept, investigate and deal with violations of intermediary organizations;

    (VII) administrative organs, State-owned assets regulatory agencies, public institutions and State-owned enterprises and State-owned enterprises that violate the second paragraph of this article 21st, Entrust provides services of intermediary organizations;

    (VIII) should be held responsible for other cases.

    The sixth chapter supplementary articles

    35th article this approach by said "industry competent sector" including business, and home, and financial, and housing and real estate, and judicial, and audit, and urban and rural construction, and planning, and IRS, and tax, and land resources, and police, and prices, and education, and water, and human resources and social security, and environmental protection, and quality technology supervision, and safety supervision, and technology, and business, and traffic transport, and tourism, and SMEs (financial), and customs, sector.

    Article 36th laws, regulations and regulatory penalties for intermediary organizations provide otherwise, from its provisions. 37th article of the rules implemented on January 1, 2011.