Advanced Search

Guangzhou Commodity Market Regulation

Original Language Title: 广州市商品交易市场管理规定

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

(Act No. 5 of the Decree No. 5 of 26 September 2006 of the People's Government of the State, which came into force on 1 January 2007)

Chapter I General
Article 1 provides for the regulation of the construction, operation and management of commodity trade markets, the maintenance of commodity trade market order, the clarity of the rights and obligations of market starters, operators in the field, guarantees the legitimate rights and interests of the parties, the promotion of the health development of commodity trading markets, and the development of this provision in line with the relevant laws, regulations and regulations, such as the Regulations on the Management of the commodity trading market in the Province of Broad Orientale Province.
Article 2, which refers to the commodity transaction market (hereinafter referred to as “markets”), refers to the provision by market starters of fixed premises, facilities, operating management, and the concentration of several operators in areas where they operate independently in their own name (including production information, living information and profit services).
This provision refers to the establishment of the law, the operation of the market, the inhalation of the corporate or other economic organization of the commodity operator in the operation of the site by providing premises, facilities and services.
The operators described in this provision refer to the corporate, individual business and other economic organizations that are independent of commodity transaction activities in their own name.
Article 3 provides for the construction, opening, operation management and related administrative oversight activities in the city's administration area.
Article IV. Market commodity transaction activities should be guided by the principles of voluntary, equal, fair and genuine credit and adherence to commercial ethics.
Market management activities should be guided by the principles of legality, openness, equity and justice.
Article 5 Governments at all levels are responsible for overseeing the administration of markets within the jurisdiction, and organizes and coordinates the relevant executive branch at this level.
The municipal sector is responsible for organizing the development planning and management of the market, guiding market construction; registration in the business sector and supervision of business practices; supervision of the public security sector responsible for market policing, firefighting management; health licences and supervision of food operators in the health sector; urban sanitation sector is responsible for market sanitation monitoring; and integrated urban management law enforcement agencies are responsible for monitoring the construction of market violations and for the operation of illegal trade.
Other relevant administrations, in accordance with their respective responsibilities, are governed by law with respect to the operation of markets and sites.
Article 6 provides support to important markets for economic and social development in the city, and the Government of the city formulates the corresponding policies.
Markets are encouraged to develop e-commerce, logistics distribution, and to increase market organizationalization.
Article 7. Entrepreneurs and operators of the market may be established or acceded to by law to conduct industrial self-regulation.
Chapter II
Article 8
The professional market needs to be tailored to be developed by the relevant industry authorities at the municipal level, in conjunction with the planning, trade and other sectors, with the approval of the Government of the city. The planning of the Professional Market Budddddddds should be in accordance with the above-mentioned market sector planning.
Industrial policy adjustments in the city can be adjusted by law.
Article 9. The municipal trade sector should develop regulations for the construction of various markets with the relevant functional sectors of planning, construction, business, public safety fire, health, environmental protection, and sanitation, with the approval of the Government of the city.
Article 10. The choice of the market should be in line with marketb planning and in line with the overall land-use planning and operational land policy. The professional market Budddddh has been announced and the selection of the professional market should also be in line with the professional market.
The construction of markets should be in line with urban planning, its premises, facilities construction and staffing should be consistent with the market-building norms that are published in the city.
The markets that have been established prior to the implementation of this provision should be adapted accordingly, in accordance with the requirements of economic and social development, in accordance with the regulation of construction in the market.
Article 11. Applications for the opening of the market shall be authorized by the name of the requisitioner at the district level of the market location and submitted to the following material:
(i) A registration application form;
(ii) The name of the market for which the applicant's main qualifications is required;
(iii) Relevant materials on market selection sites;
(iv) Report on the feasibility of opening a market;
(v) The size, scope of operation, investment budget and financial certificates for the opening of markets;
(vi) Co-office agreement on the joint start-up market;
(vii) Property rights certificates, lease contracts or other premises registered;
(viii) Accreditation material for construction planning;
(ix) Accreditation material for construction work fires;
(x) Environmental impact evaluation and approval of documentation;
(xi) Other documents provided for by law, regulations.
Large markets with more than 100,000 square meters of construction should also provide a comprehensive hearing from UNCTAD.
Article 12. The business administration sector shall review the application for approval by law of market name and make a decision to grant the name for approval or non-registration within 15 days of receipt of the request. Non-registered grounds should be given in writing.
The business administration sector should review the compatibility of market selection sites with marketb planning. Marketbu plans have not yet been made public, and for more than 100,000 square meters of the construction area, views should be sought on the compatibility of market constituencies with market planning. The UNCTAD sector should respond within seven days to the comments that were not answered later and should be considered to have no views on market constituencies.
The use of market names is governed by the regulations governing the registration of corporate names.
Article 13 does not apply to market names that are not authorized.
The market does not authorize the registration of a trader and a lease.
Before the opening of the market, market starters should apply for market registration to higher-level business administrations in market locations.
Applications for market registration should be submitted to:
(i) A registration application form;
(ii) The name approval certificate;
(iii) Accreditation material for construction work fires;
(iv) In-household materials in the market;
(v) Relevant materials from market service management agencies and their heads;
(vi) Other material provided by law, regulations.
Article 15. The business administration sector reviews market registration applications in accordance with the law and shall make decisions to grant registration or non-registration within thirty days of the date of receipt. Registration is granted for material complete and market-building in accordance with article 10, paragraph 2, of this provision, and a market registration certificate is issued. Non-registered grounds should be given in writing.
Markets that do not obtain a market registration certificate shall not be open. The law, administrative regulations stipulate that other administrative licences must be obtained before the start of the business, and market starters should be governed by the law.
Article 16, the business administration sector should have publicly obtained information on the market registry certificate for public access by law.
Article 17 Market registration certificates shall not be forged, modified, rented, borrowed and transferred.
Article 18 The expiry of the effectiveness of the Market Registration Certificate will require an extension, and the market starter shall apply to the original registry authorities for an extension period of time before the expiry of the period of effectiveness. The original registration authority shall make a decision as to whether the extension period should be taken before the expiry of the effective period. The extension period was granted for the issuance of the Market Registration Certificate.
Article 19 Market starters, market name, area, scope of operation, market types, management authorities, etc. Market changes should be made to the location of the operation, and market registration procedures should be revisited.
Article 20 is one of the following conditions in the market, and market registration authorities should write the Market Registration Certificate in accordance with the law:
(i) Market starters apply for write-offs;
(ii) The owner of the market is terminated by law;
(iii) The effective expiry of the market registration certificate;
(iv) Removal of business conditions, such as market closure, cancellation;
(v) The market cannot continue to operate owing to force majeure and other reasons;
(vi) Other cases to be cancelled by law.
Chapter III
Article 21 Operators shall enter into a written entry contract with the host operator, with specific agreement on matters such as environmental sanitation, environmental protection, fire safety, commodity quality safety responsibilities, intellectual property protection, consumer dispute resolution, the inviolability of the operator and the removal of contractual conditions.
The business administration sector could develop and recommend a model text of the contract for the operation of the site for use by market starters and operators.
The second article should preserve the operating facilities within the market and the facilities such as fire, sanitation, environmental protection, security and defence, and ensure that the facilities are in a state of good condition and that the various types of security are addressed in a timely manner.
Article 23 Market operators should develop regulatory systems such as market sanitation, environmental protection, fire safety, security, public safety, consumer rights protection, food security, critical commodity reserves, and periodically review implementation and take necessary measures in a timely manner, in accordance with the findings of the inspection.
Article 24 provides that market starters shall use market registration certificates, business licences, tax registration certificates and various types of operating licences within market premises; and that market service administration names, division of labour among managers, market management systems, and address and telephone calls for complaints institutions should be made public in a significant position within the market.
Article 25 Insolvency B in the market should be consistent with the design map of the marketbuy Authority submitted at the time of the processing of market registration, where market starters need to change, and in the XV day of the change, a new Buddddd Authority design map should be submitted to the market registry authorities.
Market operators should put an end in a timely manner to the operation of the operators in the market.
Article 26 Market starters should provide the consumer with the necessary re-exclusive equipment.
Market starters should register the mandatory vouchers used in the market, file with the local quality technical supervision sector; ensure the day-to-day maintenance of the metrics used by the operator in the sanctuary, and organize the measurement of the application cycle for the statutory measurement body.
Article 27 Operators of the market shall be authorized to operate in accordance with the law, to adhere to the relevant legal regulations and market management systems, and to advocate for good faith and civilization.
Market operators should establish a reputational file of the operators within the site, record cases where operators are punished or recognized in their business activities and make regular statements within the market.
Market operators and operators should be able to make statistical work and provide statistical information in accordance with the law.
Article 28 Operators found that the operators of the market were in conflict with the law, should be stopped and promoted in a timely manner and reported to the relevant administrative oversight authorities.
Market operators may not provide the conditions for the operation, custody, warehousing, transport, etc., for offences such as the conduct of the operator and the sale of false commodities.
Article 29 Operators should actively assist the administrative authorities in investigating violations in the market, without concealing the real situation or making a letter to the parties, without denying or impeding the enforcement of the executive authority under various pretexts.
The executive branch should inform market starters in a timely manner of the findings of the commissioners' violations.
The market starter should establish a complaint admissibility point within the market, receive consumer complaints, conduct mediation and assist the authorities in dealing with transaction disputes.
Article 31 of the market industry or termination of business, the market starter shall notify the operator within thirty days of advance, and the contract otherwise agreed from its agreement; and, in retail-dominated markets, it shall be posted in advance at the market entrance.
Chapter IV
In article 32, operators should be honest, legitimate, fair and competitive, adhere to market management systems and defend market order in a sense.
The operators may not operate the goods prohibited by law, regulations, regulations and regulations and shall not engage in activities prohibited by law, regulations and regulations.
Article 33 Operators shall be licensed to operate on the basis of evidence and, in their business premises, licenses, tax registration certificates and other licences.
Farmers sell their own agricultural products within the market and should operate within the exclusive area of market starters.
Article 34 operators should establish a commodity entry inspection system to request quality certificates for commodities; buying and selling the commodities produced by licensees, and should seek identification of valid production licences, sanitation permits, etc.
Indoor operators purchase and sell commodities without quality certificates, commodities should be tested, tested and held accountable for the quality of commodities.
Article XV operates in the field of major commodities, such as personal and property security, the exclusive control of the State's battalions, should establish a system of entry and sale.
The specific directory of important commodities is developed by the city's trade administration sector with the relevant administration sector, which is approved by the Government of the city. The city's people's Government can temporarily identify important commodities in accordance with public interests such as disaster relief, epidemics.
The operators in the third article should comply with the laws, regulations, regulations and regulations relating to the protection of intellectual property, such as trademark rights, patent rights and the right to work. The acquisition of commodities with registered trademarks, patents or patents, copyright marks should be checked and established. Commodities that cannot be sold, displayed, promoted or taken against intellectual property of others.
The operators are not authorized to carry out business activities in the form of sale, general representation, general distribution, exclusive sale.
Article 37 Operators have the right to make improvements to market operators and to report to the relevant administration.
Article 338 Enteres have the following rights:
(i) To make requests for business, change, suspension, and tax;
(ii) The right to use agreed with market operators for approved market names;
(iii) To operate autonomously in accordance with the law in the approved manner of operation;
(iv) To reject the fees approved by law and all forms of assessment;
(v) Other rights conferred by law, legislation and regulations.
Chapter V
The relevant sectors of market supervision management should be accessible to the public, in accordance with public requests, to the laws, regulations, normative documents governing the management of the public market.
Article 40. The business administration sector should establish a market management information network to record information on market management, as well as the good faith of market starters and operators on the ground for public access. Relevant administrations, market operators and operators should assist in the provision of information.
Article 40 provides for an annual inspection system for market registration certificates. Market starters should send annual test reports and related materials to the registered authorities from 15 March to 30 June each year, and visit the previous annual test.
The annual inspection reports sent by market starters should include operating activities in the annual market, changes in market registration matters and other administrative licence matters, penalties and incentives for start-up operators and host operators, complaints and dispute handling.
Article 42, after receipt of the annual inspection report by the market registry, shall be made within 20 days, in conjunction with the annual routine regulatory records, on-site inspections, etc.
Article 43 presents the following conditions in the market, and the annual inspection of the Market Registration Certificate is not eligible:
(i) Incompatible with market-building norms or upgrading requirements;
(ii) No business activity in accordance with approved registration matters;
(iii) Changes in market registration matters and other administrative licence matters, and market starters are not required to process the registration process;
(iv) The failure of market starters to perform management responsibilities for markets under this provision, resulting in confusion in market order;
(v) The owner of the market does not carry out the oversight responsibility for the lawful operation of the operator in the area under this provision, where the same operator is inspected by the law enforcement authorities for the same type of offence or where the law-enforcement operation in the market is severely breached, and the relevant sector has been placed as a priority market.
Article 44 administrations such as business, public safety, fire, health, urban care and sanitation should be established to oversee commodity transaction markets in accordance with their respective responsibilities.
In carrying out market oversight responsibilities, the executive branch found violations to be detected by other departments and should be informed in a timely manner of the relevant administration.
Article 44 fifteenth regulation of market supervision, such as business, public safety fires, food medicine regulation, quality technical supervision, agriculture, health, should publish information on complaints from this sector in the market.
The executive branch should be properly recorded after the receipt of reports or complaints and promptly investigate and respond to the complainants. Complaints, reports that do not fall within the purview of this sector shall be admissible first and shall be responsible for the transfer of the relevant sector to the extent that they are notified or the complainant.
Article 46 states that the business administration has found that the market or in-house operators do not obtain other administrative licences under the law and should be transferred to the relevant administration.
The relevant administrative licence matters relating to the operation of the market are subject to changes, failures, withdrawals, write-offs, and the executive branch should inform the business administration within thirty days.
Article 47 should establish a screening, testing system for the quality of market commodities and to detect and detect the quality of commodities in a timely manner.
The principles, methods and procedures of the administration should be applied equitably to all operators in the field. The findings of commodity tests, tests should be summarized in a timely manner and made available to society in accordance with the provisions.
Article 488 law enforcement officials should investigate market violations in accordance with the statutory procedures. In carrying out inspection missions, documents should be presented in accordance with the law. In the absence of a document, the inspector has the right to refuse the examination.
Chapter VI Legal responsibility
Article 49 states that market starters are punished by law by the relevant functional authorities:
(i) In violation of article 13 of this provision, the use of unauthorized market names for business activities, such as solicitation, admission, advertising, etc., is redirected by the business administration, confiscation of proceeds of conflict and fines of up to 2,000 yen.
(ii) In violation of article 15, paragraph 2, of the present provision, the market has not been able to obtain a licence from the Market Registration Certificate, which is being restructured by the Business Administration Department responsible for the processing of market registrations; the period of time remains unprocessarily, the confiscation of proceeds of the conflict is subject to a fine of more than five million dollars and is prohibited in accordance with the scheme of closure without reference. Self-exploitation is in violation of other laws and regulations and is governed by law by the relevant administration.
(iii) In violation of article 17 of the present article, the modification, rent, borrowing, transfer of the Market Registration Certificate is subject to a fine of up to five thousand dollars forfeiture by the business administration.
(iv) In violation of article 19 of the present article, the registration of changes is not subject to a prescribed period of limitation by the business administration, which is not completed by a fine of up to two thousand dollars.
(v) In violation of article 23 of this provision, market starters do not establish and implement market management systems in accordance with the provisions, and are subject to a period of time for business administration. In serious circumstances, the market management order is confused with a fine of more than two thousand dollars.
(vi) In violation of article 25 of the present article, the market starter has taken the floor at the expense of the business administration, which is fined by more than one million yen, in the case of a serious nature, and is suspended.
(vii) In violation of article 28, paragraph 2, of this provision, the market starter knows or should know that the owner is responsible for the conduct of the business or transport, custody, warehousing, etc., and punishes the business administration in accordance with the provisions of the Non-Operational Chainance and the Regulations on the sale of false commodities.
(viii) In violation of article 41 of the present article, the annual test was not carried out by a time limit of the commercial administration and was delayed by a fine of more than two thousand dollars, and the market registration certificate was cancelled for more than one year without annual testing. The annual market test was not qualified and was restructured by the business administration sector; the period of time was still unqualified and the market registration certificate was cancelled.
Article 50 states that there are the following cases in which the operator is operating:
(i) In violation of article 34, paragraph 1, of the present provision, the operating person does not carry out the vetting system in accordance with the provisions, and is ordered by the business administration and fined with the following thousand yen.
(ii) In violation of article 35, paragraph 1, of the present provision, the operating person does not carry out a system of significant commodity penetration and sale, as prescribed by the regulations, and is ordered by the business administration and fined by a thousand yen;
Article 50 of the Law on Security of the People's Republic of China, which constitutes an offence, rejects or hinders administrative law enforcement officials from carrying out their duties under the law or other violations of the administration of justice.
Article 52 does not carry out managerial duties, abuse of authority, negligence, provocative fraud, corruption, etc., by administrative inspection bodies or other competent organs, acting in accordance with their authority, or by other persons responsible for direct responsibility, in accordance with the law; constitutes an offence punishable by law.
Chapter VII
Article 53 of this provision, which came into force on 1 January 2007, was repealed in conjunction with the Automated Market Registration Management Scheme.