Ningxia Hui autonomous region, market intermediary organizations management
(December 15, 2009 people's Government of Ningxia Hui autonomous region, the 52nd Executive meeting on December 15, 2009, the people's Government of Ningxia Hui Autonomous Region promulgated as of February 1, 2010, 18th) Chapter I General provisions
First to standardize the market intermediaries (hereinafter intermediary) behavior, improve the quality of intermediary services, safeguarding the legitimate rights and interests of the parties market intermediary activities, promote the healthy development of the market intermediary service, according to the provisions of relevant State laws and regulations, combined with this practice, these measures are formulated.
Article in this autonomous region within the administrative area of market intermediary service, supervise and administer the intermediary organizations should abide by these measures.
Third intermediary organizations in these measures refers to established by law, accept market Commission, possible identification, agents and informational services for following legal persons or other organizations:
(A) provide identification, audit, evaluation, inspection, testing, notarization, certification of forensic services assurance services organization;
(B) provision of legal services, tenders, business registration, patents, trademarks, taxes, insurance, private immigration, entertainment, finance, construction, supervision, consignment and auction agents, advertising, brokerage and other business service organizations;
(C) marriage, human resources, road transport, study abroad, credit, technology, finance, information consultation of archives, home economics information services organization;
(D) provide a wide range of the umbrella organization of intermediary services;
(E) provide other intermediary service organizations.
Intermediary activities mentioned in these measures refers to intermediary organizations accept market Commission, with specialized knowledge, skill, or knowledge of, and provide assurance to the trustor, agency, information services activities.
Article fourth of intermediary organizations of government guidance, administrative departments of supervision and management, trade association discipline combined constraints and "who's in charge and who is responsible for" principle.
Fifth relevant departments of the people's Governments above the county level in accordance with the following duties, are responsible for the supervision and management on the intermediary organizations and their personnel:
(A) General administration duties are: 1.
Administration of industry and commerce is responsible for the registration in the Administration for industry and commerce registration and no administrative departments of supervision and management of intermediary organizations; 2.
Finance Department is responsible for the accounting, financial supervision and management of assets Evaluation Agency; 3.
Auditing Department responsible for supervising the quality of social audit of the business.
(B) the main relevant administrative department is responsible for: 1.
The Home Department is responsible for the supervision of the civil registry agency management; 2.
Department of business administration is responsible for the auction houses, used car appraisal Agency, old clothes, leasing and direct supervision and management of intermediary organizations; 3.
Housing and urban-rural construction departments are responsible for appraisal of real estate, housing, engineering supervision of intermediary organizations such as supervision and management; 4.
Departments are responsible for the administration of justice law firm, supervision and administration of judicial forensic institutions; 5.
Quality and technology supervision and Administration Department this Department is responsible for approval or approved inspection, metrology and certification bodies for supervision and management; 6.
Human resources and Social Security Department responsible for employment, human resources, labor market and occupational skills training of intermediary service organization of supervision and administration; 7.
Land and resources administrative departments responsible for supervision and administration of land evaluation institutions.
(C) other relevant administrative departments on the management of intermediary organizations in this sector, in accordance with the relevant provisions of the measures, perform his supervisory duties.
Sixth people's Governments above the county level should establish intermediary organizations management and coordination mechanism, management bodies and persons, responsible for the Administration in the intermediary organizations and practitioners in the supervision and administration of organization and coordination work. Article seventh encourage intermediary organizations and practitioners to join industrial associations or industry association established.
Laws, regulations, intermediary organizations and practitioners should be joining an industry association or set up a trade association, from its provisions.
Industry associations should assist government management of the brokerage industry, give full play to industry, industry self-regulation, industry representatives, industry coordination and other basic functions, improving the moral quality of intermediary organizations and practitioners and the quality of service.
Chapter II administration of employment
Article eighth intermediary organizations to carry out activities shall comply with the provisions of the laws, regulations and rules, abide by professional ethics and the principles of voluntariness, fairness, honesty and credibility. Nineth intermediary organizations set up a registration system. Set up an intermediary organization should apply to the local administration for industry and commerce to register; this intermediary organizations set up branches in this State, should be located in the branch register.
Of industrial and commercial registration is not and shall not engage in intermediary activities.
Laws and regulations of an intermediary organization or its affiliates have special provisions from its provisions.
Tenth to encourage intermediaries to implement large-scale operations, improving the quality of intermediary services and competitiveness.
11th the functions of intermediary organization, organization, personnel, finance should work with the Government and the relevant administrative departments separate.
12th article in accordance with the laws and regulations should be made agent qualification of a person not qualified, may not engage in mediation practice. 13th the parties have the right to free choice of intermediary organizations provide services.
Intermediary organizations engaged in intermediary activities according to law, which is protected by law, and no unit or individual is allowed to intervene. Administrative organs shall not by virtue of the terms of reference of the qualified people to accept its designated intermediary organizations provide services.
Laws, regulations, service provided by a particular agency, from its provisions.
Article 14th intermediary organizations and practitioners in the course of practice in addition to adherence to business rules, and should also comply with the following provisions:
(A) provide information, materials and written documents shall be issued by the real, legitimate;
(B) timely and accurately inform clients should be aware of the information;
(Iii) the practitioners aware of the confidentiality of trade secrets and other confidential matters;
(D) keep the sample submitted by the trustee, bonds, deposits, advance payments, related documents and other goods and materials;
(E) the operational specifications of the completed contract and other matters.
Article 15th instant settlement of intermediary business, intermediary organizations providing intermediary services should work with the client to sign a contract. 16th intermediary organizations should do a practice record.
Practice records shall record the following:
(A) the principal matters, the specific requirements of the client;
(B) the charging of fees and method of payment;
(C) the performance of the contract shall comply with the relevant requirements of the business rules;
(D) implementation of the commitments, including delegate acceptance, completion, termination procedures and other matters. 17th intermediary organizations should be on card, on operating.
Intermediary organizations should be visibly expressed in the business place license, organizations and practitioners qualification certificate, code of practice, professional discipline, procedures, a practitioner's name, service projects, standards and monitor phone calls, and so on.
Article 18th intermediary organizations and its practitioners have the following behavior:
(A) to provide information that could endanger national security and public interests, information;
(B) intentionally provides false information, data and issue false reports, assessment reports, documents and other files;
(C) charge fees, bonds or other property except as provided in the contract, or to collect a security deposit, down payment, advance payment, samples and other practice facilities to seek illegitimate benefits;
(D) fraud, coercion, bribery, collusion or other illegal means, and damage the interests of clients or others;
(E) in kickbacks or other improper means to contract competition business;
(F) forced or hard sell goods, provide services in disguise;
(G) the discriminatory treatment for customers;
(H) the practitioners at the same time in two or more intermediary organizations in the same industry practice;
(I) by personnel who are qualified according to law practice and employment without the licensing officer practice or hire personnel admitted to practise in accordance with this Regulation shall not practice;
(J) engaging in business outside the scope of business activities;
(11) the laws, regulations and rules and national and other acts prohibited by relevant norms of the autonomous region.
Chapter III supervision and management
19th relevant departments of the people's Governments above the county level should the classified guidance of intermediary organizations, according to different categories and properties intermediary organizations, priority setting, to resolve outstanding issues, supervise the intermediary organizations and their personnel in accordance with law.
Intermediary organizations have more than two Administrative Department for licensing or for the record, carried out by the Administrative Department for approval or for the record in the first place the main functions of supervision, other licensing and record sectors cooperate and assist.
Article 20th relevant competent administrative departments shall in accordance with the law, regulations and these regulations, clear regulatory responsibilities in the internal institutions, strengthen trade associations discharge the responsibilities of management guidance and supervision.
21st industrial and commercial administrative departments and the relevant administrative departments to checking the intermediary organization, was checking the intermediary organizations and practitioners shall cooperate, not hiding, forging or destroying relevant information shall be subject to checks.
22nd Administration implemented check must be carried out, proper conduct, procedures illegal, does not impede the normal business activities of the person being checked, shall not solicit or accept a property of intermediary organizations and their personnel shall not seek other improper benefits.
Administration examination, can be used to record, audio, video, photographic, and replication, and so on.
Administrative departments and their staff to check known business secrets and technology secrets, individual privacy must be kept secret.
Article 23rd industry associations should assist the Administration in formulating the trade intermediary services development planning and management measures, strengthening professional ethics education of the intermediaries of the industry practitioners and business training, and develop and implement a trade intermediary contract demonstration text, establish and improve the industry self-regulatory mechanisms, self-regulation supervision.
24th relevant administrative department shall, through the media regularly or do not regularly release to the market intermediary organizations illegal and bad faith and other bad behavior.
Who was announced illegal and dishonest misconduct of intermediary organizations and practitioners, Governments at all levels and related departments, public institutions and State-owned enterprises and the Government investment projects may not delegate its intermediary business for 3 years.
Industry Association should have trade intermediary organizations and practitioners practice trends and practice, honest and trustworthy, according to the operating performance of institutions and personnel can be given recognition.
25th and industrial and commercial administrative departments administrative departments shall establish a complaints system, citizens, legal persons and other organizations found that illegal intermediary organizations and practitioners, can complain to the relevant departments to report.
Citizens, legal persons or other organizations find that the relevant administrative authorities not to perform their supervisory duties or in violation of these regulations of the relevant provisions of the right to file a Watchdog complaint.
26th supervisory organs should strengthen supervision and inspection of administrative departments perform their supervisory duties to verify complaints of illegal facts, shall be subject to relevant entities and persons responsible.
27th administrative authorities found or received complaints about illegal brokering activities, belong to the jurisdiction of the Department, should be dealt with at once; not within the jurisdiction of the Department, shall transfer at the time of registration the competent departments.
The fourth chapter penalty
28th article intermediary organization and the practice industry personnel violation this approach 18th article provides, legal, and regulations, and regulations has punishment provides of, from its provides; no punishment provides of, by business administration sector or about administrative competent sector ordered deadline corrected or ordered stop violations; late not corrected or plot serious of, confiscated illegal proceeds, and sentenced illegal proceeds 1 time times to 3 times times fine, but highest limit shall not over 30000 Yuan; no illegal proceeds of, sentenced 5000 Yuan above 10000 Yuan following fine.
29th article intermediary organization and practice industry personnel violation this approach provides, refused to tie administrative competent sector for check of, by about administrative competent sector be warning, ordered deadline corrected; late not corrected or hiding, and forged, and destruction should accept check of related information of, on intermediary organization at 5000 Yuan above 10000 Yuan following fine, on its directly is responsible for of competent personnel and other directly responsibility personnel at 3000 Yuan above 5000 Yuan following fine.
30th article of the relevant administrative departments administrative penalties and other specific administrative acts, may apply for administrative reconsideration or bring an administrative suit.
31st intermediary organizations and practitioners in violation of the regulations, resulting in loss of principal or the legitimate rights and interests of others, the violator shall bear liability constitutes a crime, criminal responsibility shall be investigated according to law.
Article 32nd relevant administrative departments and their staff in supervisory activities, abuse of power, deception, negligence, shall be subject to punishment constitutes a crime, criminal responsibility shall be investigated according to law.
The fifth chapter by-laws 33rd article this way come into force on February 1, 2010.