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Ningxia Hui Autonomous Region, Market Intermediary Organizations Management

Original Language Title: 宁夏回族自治区市场中介组织管理办法

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Modalities for the management of the market intermediaries in the Nin summer Autonomous Region

(Summit No. 52 of 15 December 2009 from the People's Government of the Nakhinian Autonomous Region to consider the adoption of the Decree No. 18 of 15 December 2009 by the People's Government Order No. 18 of the New summer Re-Autonomous Region of 1 February 2010)

Chapter I General

Article 1 promotes the health development of market brokering services, in accordance with national legislation, legislation and regulations, in order to regulate the conduct of market brokering organizations (hereinafter referred to as intermediary organizations) and to improve the quality of services of brokering organizations, to guarantee the legitimate rights and interests of the parties to market brokering activities, and to develop this approach in the light of national legislation, regulations.

Article 2 engages in market brokering services within the administrative region of this self-government area, and oversees the management of brokering organizations, which should be respected.

Article 3. This approach refers to the establishment of the law, the acceptance by the subject of the market and the provision of the following legal or other organizations for identification, representation, information, etc.:

(i) Provide identification services for identification, audit, assessment, testing, vouchers, certification and certification operations;

(ii) Active service organizations that provide legal services, solicitation, business registration, patents, trademarks, tax, insurance, personal entry into, horticulture, property, generation, administration, sale, auction, advertising, brokering, etc.;

(iii) Provide information services organizations that provide information advice, such as marriage, human resources, road transport, State retention, credit, technology, finance, archives and domestic affairs;

(iv) Integrated organizations offering multimedia services;

(v) Organizations offering other brokering services.

This approach refers to the activities of the intermediary to accept the authorization of market subjects, to use expertise, skills or information available, and to provide the author with compensation for the provision of identification, representation, information, etc.

Article IV regulates the management of brokering organizations, oversees the management of administrative authorities, combines industry associations with the principle of “persons, who are responsible”.

Article 5

(i) The responsibilities of the integrated management sector are:

The Business Administration Department is responsible for overseeing the management of the intermediary organizations that have registered in business administration and have no administrative authorities;

The financial sector is responsible for overseeing the management of asset assessment brokering organizations such as accounting, finance, etc.;

The audit department is responsible for monitoring the operational quality of the social audit body.

(ii) The functions of the principal administrative authority are:

The Civil Affairs Department is responsible for overseeing the management of an intermediary that is registered in civil affairs;

The Business Administration is responsible for overseeing the management of the intermediary organizations such as the auction, the two-way vehicle identification assessment body, old freight, lease and direct sales;

The housing sector is responsible for supervision by intermediaries such as real estate valuation, house representation and engineering administration;

The executive branch of the judiciary is responsible for the supervision of lawyers' services, judicial accreditation institutions;

Quality-technical oversight management is responsible for overseeing the inspection, measurement and related certification bodies authorized or approved by this sector;

The human resources social security sector is responsible for overseeing the management of the professional, talent, labour market and related vocational training brokering services;

The Land Resources Administration is responsible for the supervision of land assessment institutions.

(iii) Other relevant administrative authorities perform regulatory duties in accordance with the relevant provisions of this approach.

Article 6. The Government of the people at the district level should establish a coordination mechanism for the management of the intermediary organizations, identify management bodies and personnel, responsible for the coordination of the organization in the management of the management of the intermediary organizations and practitioners in the present administration.

Article 7 encourages brokering organizations and practitioners to join industry associations or to establish brokering industry associations. Laws, regulations stipulate that intermediary organizations and their practitioners should join industry associations or establish industry associations, from their provisions.

The industry associations should assist the Government in the management of the brokering industry by fully functioning such as industrial services, industry self-regulation, industry representatives, industry coordination, and the quality of the ethics and services of the intermediary organizations and their governing agents.

Chapter II

Article 8. Intermediation organizations shall carry out their activities in accordance with the provisions of laws, regulations, regulations and regulations, respect for professional ethics and follow the principles of voluntary, fair and genuine credit.

Article 9. The establishment of a registration system by an intermediary organization. Intermediation organizations should apply for registration to the location's business administration sector; brokering organizations other than this self-government area have branches in this self-government area and should be registered at the branches' location. Unregistered business may not engage in brokering services.

The laws, regulations provide for the establishment of an intermediary organization or its branches with special provisions.

Article 10 encourages brokering organizations to operate on a scale basis to enhance the quality and competitiveness of the services of the intermediary organizations.

Article 11. The functions, institutions, personnel, finances of the intermediary shall be separate from the Government and its relevant administrative authorities.

Article 12 Persons who are not eligible for brokering in accordance with the law, legislation and regulations shall not be employed in brokering.

Article 13 has the right of the parties to choose freely to serve the brokering organization. Intermediation organizations engage in brokering services in accordance with the law and acts are protected by law and no units and individuals may intervene.

The executive branch shall not accept the services provided by its designated intermediary organizations by its competent authority. The laws, regulations stipulate that brokering operations are provided by specific intermediary organizations, from their provisions.

Article 14. Intermediation organizations and their practitioners shall be subject to the following provisions in addition to compliance with operational rules in the course of the operation:

(i) Information, information and written documents should be authentic and legitimate;

(ii) In a timely and field-based manner, where information should be known to the commissionor;

(iii) Confidentialize commercial secrets and other secret matters known in the ruling industry;

(iv) Carry the samples delivered by the custodian, bonds, advances, related vouchers and information;

(v) Other matters arising from the completion of the commission of contracts and operational norms.

In addition to the mediation operations closed at the time of time, brokering organizations should offer brokering services and contracts with the author.

Article 16 Intermediation organizations should be properly recorded. The record should contain the following:

(i) Procedural matters, specific requirements of the commissionor;

(ii) Costs charged and means of payment;

(iii) The performance of the contract shall be subject to the relevant requirements of the operational norm;

(iv) Implementation of the matter, including the acceptance of the commissioning matter, the completion process and the processing of the closure procedure.

Article 17 Intermediation organizations should be clear and remarkably operated. Intermediation organizations should make express business licences, qualifications certificates for institutions and practitioners in the place of operation, codes of conduct, professional discipline, conduct procedures, names of practitioners, service projects, fees standards and supervision of telephone calls.

Article 18 prohibits brokering organizations and their practitioners from:

(i) Provide information, information and information that may endanger national security and public interest;

(ii) deliberately provide false information, information, false reports, assessment reports, documentation and other documents;

(iii) The payment of honorarys, bonds or other property other than contractual agreements or the use of the payment of compensation, fixes, advances, samples and other performance-related facilities for improper benefits;

(iv) To use illegal means such as fraud, coercion, bribery, collusion, which undermine the interests of the commissionor or others;

(v) Exemptive competition instruments such as repayment;

(vi) Forcible or transcendable marketing of commodities and services;

(vii) Discriminatory treatment of clients;

(viii) The executive branch, at the same time, has two or more occupations with industry intermediaries;

(ix) In accordance with the law, persons who are eligible to work shall be employed by the competent body or by the competent authority of the qualification, or by the occupation of persons who are not subject to the law;

(x) Operational activities outside the scope of operation;

(xi) Other practices prohibited by law, regulations, regulations and national and autonomous areas.

Chapter III Oversight management

The relevant sectors of the Government of the above-mentioned population at the district level should provide classification guidance to the intermediary organizations, identify priority areas, address the salient issues, and carry out oversight management in accordance with the law.

The intermediary organizes more than two administrative departments for licensing or filing, with the main oversight management responsibilities of the first-licensor or reserve administration, with the collaboration and assistance of other licensor and reserve sectors.

Article 20 on the administrative authorities should, in accordance with the provisions of the law, legislation and this approach, establish clear regulatory responsibilities in the institutions and strengthen the guidance and supervision of the industrial associations in the performance of their industrial management functions.

Article 21, when the business administration sector and the relevant administrative authorities check the intermediary's organizations, the intermediation organizations and their practitioners should cooperate without concealing, storing and destroying relevant information that should be inspected.

Article 22 requires that inspections be carried out by the executive branch in accordance with the law, that they are lawful and that they shall not impede the proper operation of the inspector, shall not be sought or receive the property of the intermediary and its personnel, and that they shall not be complicable to other unjustifiable interests.

When inspections are carried out by the executive branch, records, recordings, videos, photographs and reproduction can be used.

The executive branch and its staff should be kept confidential with respect to commercial secrets, technical secrets and personal privacy.

Article 23 should assist the executive branch in developing development planning and management measures for the brokering services of the industry, strengthening professional ethics education and operational training for practitioners in the industry, developing and implementing model versions of the industry brokering contract, establishing a self-regulation mechanism for the sound industry and providing self-regulation.

Article 24 relating to administrative authorities should publish, on a regular basis, through the media or on a regular basis, adverse acts such as the organization of brokering in violation and integrity. The Government of the people at all levels and its relevant departments, business units, State-owned enterprises and related government investment projects may not be entrusted with brokering operations within three years.

The industry associations should be able to take advantage of the dynamic and operational situation of the business of the industrial intermediary organizations and practitioners, which can be recognized in good faith and by institutions and personnel that are prominently in the operation of the law.

Article 25. The business administration and administrative authorities should establish a complaints reporting system, and citizens, legal persons and other organizations have found that intermediary organizations and their practitioners are in conflict with the law and can report to the relevant authorities.

Citizens, legal persons or other organizations have found that the relevant administrative authorities do not perform regulatory duties or violate the relevant provisions of this approach have the right to report to the inspectorate.

Article 26 inspection bodies should strengthen monitoring of the performance of regulatory duties by administrative authorities, verify the facts of the reporting of complaints and hold the responsibility of the relevant units and personnel in accordance with the law.

Article 27 relating to the discovery or receipt of complaints by the administrative authorities of criminal brokering activities, which fall under the jurisdiction of this sector, should be dealt with immediately, and should not be governed by this sector and be transferred in a timely manner after registration.

Chapter IV Corporal punishment

Article 28 Intermediation organizations and practitioners violate article 18 of this approach, which stipulates that the laws, regulations, regulations and regulations impose penalties, from their provisions; that there is no penalties for the period of time being converted by the business administration or the relevant administrative authorities to an end of the offence; that the proceeds of the offence are not altered or severely confiscated and that the proceeds of the offence are punished by a fine of between 1 and 3 times the proceeds of the offence, but that the maximum amount shall not exceed 300,000 dollars; that the proceeds of the offence are not subject to fines of more than 5,000 dollars.

Article 29 Intermediation organizations and their practitioners, in violation of this approach, refuse to cooperate with the administrative authorities in carrying out inspections, which are warned by the relevant administrative authorities to correct the deadlines; delay in reordering or concealing, storing and destroying relevant information that should be subject to inspection, imposes a fine of up to $500,000 for the intermediary's senior and other direct responsible personnel, up to $3000 million.000.

Article 31 provides for administrative sanctions decisions and other specific administrative actions in the administration sector that may be applied by law for administrative review or administrative proceedings.

Article 36 Intermediation organizations and their practitioners violate the provisions of this approach, causing the loss of legitimate rights and interests of the commissionor or others to be liable under the law; constitutes an offence and hold criminal responsibility under the law.

Article 32, concerning the abuse of authority, the instigation of private fraud, and the insecure of negligence, is lawfully disposed of by the executive authorities and their staff, which constitute a crime and hold criminal responsibility under the law.

Chapter V

Article 33 of this approach is implemented effective 1 February 2010.