Administrative Measures On Agency In Guizhou Province

Original Language Title: 贵州省中介机构管理办法

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Administrative measures on Agency in Guizhou province

    (January 19, 2009 13th Executive meeting of Guizhou province on January 22, 2009 the 110th of Guizhou province, published as of April 1, 2009) Chapter I General provisions

    First to standardize the brokerage market order, safeguarding the legitimate rights and interests of the parties mediation activities, promote healthy development of intermediary services in accordance with the relevant laws and regulations, combined with the facts of the province, these measures are formulated.

    Article intermediaries and their activities within the administrative region of this province, supervision of intermediaries and procedures apply.

    Article intermediaries in these measures refers to the legally established, commissions paid offer authentication, proxy, informational and other services the following legal persons or other organizations:

    (A) provide identification, audit, evaluation, inspection, testing, forensic services, notarization, certification bodies;

    (B) providing legal representation, the tender agent, business registration agency, patent agents and trade mark agents, tax agents, insurance agents, private Immigration Agency, Entertainment Agency, finance, management, sale, advertising, brokerage agent services providers such as;

    (C) provide matchmaking, information, consulting, human resources, credit, technology, finance, information services and archives institutions;

    (D) provide the foregoing (a), (b), (c) one or more services in a comprehensive Agency or any other body.

    Intermediation in these measures refers to the Agency commissioned with specialized knowledge, skill, or knowledge of, and provide assurance to the trustor, agency, information services activities.

    Fourth agency management, Government specifications and guides, administrative authorities and industry departments of management, the principle of combining industry self-regulation.

    Chapter II intermediaries and their activities

    Article fifth intermediary institutions should be established by law and its operational fixed sites and appropriate staff.

    Laws and regulations on the establishment of intermediary qualification, eligibility or other licensing requirements, in accordance with the provisions of laws and regulations.

    Article sixth agency practitioners should have its intermediary activities engaged in by the knowledge, skills, and professional ethics.

    Laws and regulations to implement the licensing system, practitioners should obtain the appropriate qualification.

    Article seventh intermediaries engaged in brokering activities shall comply with the provisions of laws and regulations and respect social ethics, follow the principle of good faith, must not harm the interests of the State, public and client interests and legitimate rights of others.

    Eighth intermediaries shall not employ public servants ' or practice.

    Shall not hire the following operations directly related to the work of the original resigned from Office or retirement of civil servants:

    (A) civil servants leaving within three years of the original members of the Department;

    (B) other civil servants to leave within two years.

    Law, regulation of intermediaries employ mediation provisions of practitioners, from its provisions.

    Nineth intermediaries should be in their places of service public notice the following information:

    (A) business licenses, license to practice or other documents;

    (B) the practitioner's name, photo and certificate or certificate number;

    (C) fees, standard and basis;

    (Iv) supervision and complaints office phone number and address;

    (E) other matters of legal, regulatory requirements, public notice.

    Tenth intermediary shall not adopt any of the following acts of unfair competition out of business:

    (A) express or imply that can help clients achieve an improper purpose;

    (B) the express or implied through improper ways and means to help clients achieve their objectives;

    (C) to the client service results for exaggerated or false promises;

    (D) the laws, regulations and other acts of unfair competition.

    11th in business activities, the Agency shall accept and handle the following delegate:

    (A) help clients achieve an improper purpose;

    (B) the use of improper ways and means;

    (C) harm national interests and public interests or the legitimate rights of others;

    (D) prejudice to State bodies, with the function of the management of public affairs in accordance with law shall exercise functions of the Organization;

    (E) deceptive, fraudulent content;

    (F) violation of laws, regulations or public order and customs.

    12th intermediaries shall not accept has conflict of interest parties or delegates provide agent service, except as otherwise provided by laws and regulations.

    Agency also has a conflict of interest between two or more parties entrusted, provide identification or information services, should be expressly entrusted to the delegate parties.

    13th intermediaries provide intermediary services, laws, administrative regulations, or as agreed by the parties in writing of intermediary service contracts, shall be made in written form.

    14th intermediary service contracts include the following:

    (A) the name or title;

    (B) the name of intermediary services, the content and requirements of delegated authority;

    (C) the contract;

    (D) the method or calculating standards, service charges, payment, period;

    (E) breach of contract and dispute resolution;

    (Vi) other content need agreed by the parties.

    15th intermediary shall, in accordance with article publication charges, standard or intermediary service contracts to charge clients.

    Government pricing or Government guidance pricing of intermediary services, agencies shall implement the relevant provisions to Government pricing or Government guidance prices.

    16th agencies not acted in collusion with others or otherwise damage the legitimate interests of the client.

    Agents should not be used to provide intermediary services, seeking illegitimate interests.

    17th intermediary shall disclose to the client with information related to entrusted, but except for laws and regulations prohibit the disclosure.

    Agency shall not provide false information to the client.

    Article 18th intermediaries issued by the file's contents should be true, no proof of false credit, assessment reports, audit reports, certificates and other documents.

    Intermediaries shall not spread false information to the public.

    Article 19th intermediaries and practitioners to handle trust matters obtained in the client's business secrets, know-how, personal privacy, should keep it a secret.

    20th intermediaries provide intermediary services should establish practice records records contract, principal of intermediary services, process, results, cost calculation and payment issues, keep the time provided and in accordance with laws and regulations; not stipulated by laws and regulations, storage period shall not be less than three years.

    21st to encourage intermediaries to risk reserves or practicing responsibility insurance system established in the form of practice risk, enhance its risk-bearing capacity and economic compensation.

    22nd natural person, legal person or other organization has the right to independently choose their qualify of intermediary agencies to provide services.

    Chapter III industry self-regulation

    Article 23rd industry associations shall strengthen self-discipline, intermediaries, mediation practitioner self-regulation supervision and management, and defend their legitimate rights and interests, guiding the development of the industry.

    Encourage intermediary agencies, intermediate practitioners joining industry associations, otherwise provided by laws and regulations, from its provisions.

    Article 24th industry association in accordance with the articles of Association of the formulation of the code of ethics, norms of practice and discipline of members, Member Rewards rules, rewards and punishments imposed on members.

    25th industry association should be in the administrative departments of supervision and guidance of members credit profile.

    26th article Industry Association found that illegal intermediary shall promptly report to the competent authorities, and to assist, with the competent administrative Department for investigation.

    27th industry association can be mandated by the Government, Commission participation in the development, revision of industry standards, industry development plan and conditions of access, make management recommendations, assist the Government in its anti-unfair competition, antitrust, antidumping and other aspects of the investigation, to the Government and the relevant administrative departments to provide the industry trends.

    Supervision and administration of the fourth chapter

    28th local people's Governments at or above the county level shall create good environment and condition, and actively supporting and guiding the healthy development, standardized intermediary services.

    The relevant administrative departments of the local people's Governments at or above the county level shall, in accordance with administrative privileges, responsible for the supervision of intermediaries and mediation practitioners manage, guide and supervise the industry association of intermediaries, intermediate practitioners implement self-regulation.

    Article 29th administrative departments shall conduct inspections of intermediaries and practitioners by checking the intermediary, the intermediary shall cooperate, not hiding, forging or destroying relevant information shall be subject to checks.

    Examination by the Administrative Department, records, recordings, videos, photographs can be taken and copied, and so on.

    Administrative authorities carry out inspections should end, the procedure is legal, normal business activities shall be without prejudice to be examined, shall not solicit or accept a person being checked property, shall not seek other interests.

    Administrative departments and their staff to check known business secrets, know-how, personal privacy which should be kept confidential.

    Article 30th found illegal brokering activities by the Administrative Department shall promptly stop or correct, and in accordance with the relevant regulations will be punished.

    Units and individuals that found illegal brokering activities, to report to the Administrative Department, Administrative Department shall be registered or accepted in a timely manner, to the public and results; real name reporting, processing of replies should be whistle-blowers.

    Administrative authorities found illegal brokering or units and individuals to report illegal brokering activities, not within the jurisdiction of the Department, shall transfer at the time of registration the competent departments.
31st departments of industrial and commercial administration, the competent authority shall perform the duties, within the jurisdiction of the investigation in a timely manner without a license, without a license to engage in brokering activities and other illegal activities.

    Article 32nd administrative departments of intermediary agencies, intermediate practitioners of punishment, should be made available to the public in a timely manner and queries.

    Article 33rd Executive may engage in intermediary activities may not be working within their mandates to the paid service agency.

    To administer public affairs functions of the Organization in accordance with law and shall not engage in intermediary activities associated with his public functions.

    Social groups engaged in intermediary activities may not on their own behalf.

    Article 34th administrative bodies and organizations to administer public affairs according to law shall not specify intermediary services, conditions of selected intermediary bodies set up by the Parties shall not be exclusive.

    35th executive organ and administer public affairs organization, does not accept intermediaries forensic instrument issued according to law, should be explained in the administrative decision not to adopt the reasons.

    The fifth chapter legal liability

    36th agency violates the measures under article eighth paragraph first to second, 12th, 16th, 17th, second paragraph, the competent authority shall order correction within, fined a maximum of 3000 Yuan and 10,000 yuan.

    37th agency violates the measures article Nineth part (b), (d), 13th and 20th article, be warned by the departments in charge of industry and a rectification; fails, fined a maximum of between 1000 and 500 Yuan.

    Article 38th agency violates the measures article tenth part (a), (b), (c) provision, the Administrative Department for industry and commerce shall order correction within, fined a maximum of 3000 Yuan and 10,000 yuan in serious cases, fines of between 10,000 yuan and 30,000 yuan.

    39th intermediaries in violation of these regulations section 11th, do not constitute crimes, the competent authority shall order correction within, fined a maximum of 3000 Yuan and 10,000 yuan in serious cases, fines of between 10,000 yuan and 30,000 yuan.

    40th agency violates the measures article 17th, 19th article, be warned by the departments in charge of industry in serious cases, fined a maximum of between 3000 and 1000 Yuan.

    41st agency violates the measures article 18th, does not constitute a crime, by the Department of industry of intermediaries between 30,000 yuan and 10,000 yuan fine, directly responsible to the head of personnel and other persons directly responsible for 3000 Yuan and 10,000 yuan fine.

    42nd article intermediary institutions, and intermediary practice industry personnel violation this approach 29th article first paragraph provides, refused to tie administrative competent sector law for check, yet constitute crime of, by check of administrative competent sector be warning, ordered corrected; hiding, and forged, and destruction should accept check of related information, yet constitute crime of, on intermediary institutions at 3000 Yuan above 10,000 yuan following fine, on its directly is responsible for of competent personnel and other directly responsibility personnel at 1000 Yuan above 3000 Yuan following fine.

    Article 43rd Executive and administer public affairs functions of the Organization in accordance with law in violation of this article 33rd first to second, 34th article, monitored by administrative organs or the relevant Department in charge shall command a correction, directly responsible to the person in charge and other direct liable persons shall be given administrative sanctions.

    44th administrative departments and their staff in the management of intermediary activity of failing to carry out its oversight responsibilities, inadequate supervision or violate the legitimate rights and interests, and monitored by the administrative authority or by the competent administrative authority shall order rectification, causing serious consequences, directly responsible to the head of personnel and other persons directly responsible shall be given administrative sanctions.

    Administrative Department staff in the management of intermediary activity of abuse of power, dereliction of duty, favoritism and bribes, does not constitute a crime, administrative sanctions according to law.

    45th article of the rules violations, provided for under the laws, regulations, and in accordance with the provisions of laws and regulations will be punished.

    The sixth chapter supplementary articles 46th these measures shall come into force on April 1, 2009.