Guangzhou Commodity Market Regulation

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

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(September 26, 2006 Guangzhou Government makes 5th, announced since January 1, 2007 up purposes) first chapter General first article for specification commodity trading market of construction, and opened, and business and management activities, maintenance commodity trading market order, clear market opened who, and field within operators of right and obligations, guarantees parties of lawful rights and interests of, promote commodity trading market of health development, according to Guangdong Province commodity trading market management Ordinance, about legal, and regulations, combined this city actual, developed this provides.
    Commodity trading markets referred to in the provisions of article (hereinafter market), is provided by market fixed venues, facilities, management, number of concentration present in the name of their independent goods (including means of production, means of subsistence and commercial services) trading places.
    Market in these rules refers to legally established, engaged in marketing management, through the provision of venues, facilities, and services to absorb commodity operators admission business enterprises or other economic organizations.
    Farm operators in these rules, is defined as the market for its own independent commodity trading activities on behalf of enterprises, individual businesses and other economic organizations.
    Article within the administrative area of the city market, the development of administrative supervision, start-up, management and related management activities, these provisions shall apply.
    Fourth market commodity trading activities should be voluntary, equality, fairness, honesty and credibility principle of adherence to business ethics.
    Market management should follow the principle of lawfulness, openness, fairness and justice.
    Article within the jurisdiction of Governments at all levels are responsible for market supervision and management, organizational level and coordinate the related administrative departments to perform their duties.
    City trade sector is responsible for organization prepared this city market development planning and layout planning, guide market construction; business sector is responsible for market of registration and on business behavior of supervision management; police sector is responsible for market security, and fire of supervision management; health sector is responsible for field within food operators of health license and the supervision management; city sanitation sector is responsible for market sanitation supervision management; city management integrated law enforcement institutions is responsible for investigation market illegal construction and illegal accounted for road business behavior.
    Other related administrative departments in accordance with their respective responsibilities, shall operate within the market and conduct supervision.
    Sixth article on the relationship between economic and social development of the city market, municipal people's Government, formulate corresponding policies to support.
    Encourage market development, such as e-commerce, logistics and distribution logistics, and improve the level of organization of the market.
    Article seventh market, farm operators may establish or join trade associations, industry self-regulation.
    Chapter II market, economic and trade sectors in the market, eighth development plan under the guidance of, in conjunction with the development and reform, planning, land and other departments to prepare our city planning, approved by the municipal people's Government promulgated for implementation. Professional layout plan for market needs, by the relevant municipal departments in charge of industry in conjunction with the planning, economic and trade sectors, approved by the municipal people's Government promulgated for implementation.
    Market layout shall conform to the provisions of the preceding paragraph the market layout planning.
    Adjustment of industrial policy in this city, market development plans and layout plans can be adjusted according to law.
    Nineth of municipal Commerce and trade departments shall, together with the planning, construction, industry and commerce, public security fire, health, environmental protection, sanitation and other relevant functional departments of the market supervision specification for construction of all kinds of market, approved by the municipal people's Government promulgated for implementation. Article tenth market layout planning of the location should be in line with market, in line with the land-use planning and management of land policy.
    Layout plan has been promulgated for implementation of specialized market, professional marketing site layout should conform to the professional market.
    Market of construction shall comply with urban planning, venues, facilities construction and equipment shall conform to the published market norms established in this city.
    Before the implementation of this provision has been introduced in the market according to the requirements of economic and social development, according to the city construction standard, upgrade is performed. 11th article application opened market of, should to market location of County above business administration sector bid name approved registration, submitted following material: (a) registration application table; (ii) application using of market name, and applicants of subject qualification proved; (three) market location of related material; (four) market opened feasibility argument report; (five) opened market of scale, and business range, and investment budget and funds proved; (six) joint opened market of liaison office agreement; (seven) real estate warrants ming, and
    After registration of the lease contract or other site use documentation; (VIII) acceptance of construction project planning documentation; (IX) fire engineering acceptance documentation; (j) environmental impact assessment and approval documents (11) other documents required by laws and regulations.
    Bid more than 10000 square meters large market should also provide comprehensive views of hearing issued by the Trade Department. 12th approved market name industrial and commercial administrative departments shall review applications, in the 15th days of the receipt of the application to approve the name registration or registration decisions.
    Is not registered, shall state the reasons in writing. Industrial and commercial administrative departments should review the layout planning of market location is in line with the market. Market layout plan has not been made public implemented, for the markets of more than 10000 square meters, market location should be compliance with the marketing plan, seek the views of the business sector.
    Shall reply within the 7th economic and trade departments, fails to reply, as a site on the market no comments.
    Market name for provisions on administration of Enterprise name registration using a code reference implementation.
    13th has not been approved and registered by the marketing names shall not be used.
    Market without the name registration does not investment, for rent.
    Article 14th before the market opening, market should apply to the local industry and commerce administration departments at or above the county level where the market market registration.
    Market registration application, the following documents shall be submitted: (a) the application for registration, (ii) name approval certificates; (c) the fire engineering acceptance documentation; (d) internal layout material, (v) head of marketing services management institutions and their related materials, (vi) other materials stipulated by laws and regulations. 15th industrial and commercial administrative departments to review marketing applications for registration, should be within the accepted date of 30th to grant registration or registration decisions. Materials and construction in accordance with the second paragraph of article tenth of the market, grant registration, issuance of the registration certificate of the market.
    Is not registered, shall state the reasons in writing. Without the market market of the registration certificate shall not be opened.
    Legal and administrative regulations must be made before the opening of administrative license, the market should be in accordance with the law.
    16th administrative departments for industry and commerce has been made shall disclose the relevant information of the registration certificate of the market the market, available for public inspection.
    Article 17th of the registration certificate of the market may not be forged, altered, leased, lent or transferred. 18th the market needs to renewal of the expiry of the registration certificate, shall, on the expiry of the market started 30th, to the renewal of a registration authority for. The registration authority shall make a decision on whether to renew before the expiry of the validity period.
    Renewal of a grant, renewal of the registration certificate of the market. 19th market, market name, size, business scope, market types, head of the management and other matters change, market should be 30th in advance to register the change with the original registration authority.
    Market changes its location of business, should be re-registration procedures for market.
    20th article market has following case one of of, market registration organ should law cancellation market registration card: (a) market opened who application cancellation of; (ii) market opened who law terminated of; (three) market registration card validity expires not continued period of; (four) market close, and revoked, stop business case of; (five) for force majeure and the other reasons led to market cannot continues to business of; (six) other law should cancellation of case.
    Chapter three market opened 21st run should operators sign a written admission the admission contract, market of environmental hygiene, environmental protection, fire safety, product quality and safety liability, intellectual property protection, in the field of consumer dispute resolution approaches, operators of illegal business responsibility, and specific matters such as the conditions stipulated in the contract.
    Industrial and commercial administrative departments to formulate and recommend the admission contract demonstration text, used for market makers, operators in the field reference.
    22nd operations within the market should maintain the market facilities, fire protection, environmental hygiene, environmental protection, safety and security and other facilities to ensure facilities are in good condition, eliminate all kinds of safety concerns in a timely manner.
    Article 23rd market should develop market hygiene, environmental protection, fire safety, public order, public safety, consumer protection, food safety, important commodities for the record management system, and regularly check the implementation, according to the test result to take the necessary measures in a timely manner.
    24th market should be hung in the market office space market registration certificate, business license, tax registration certificate and various business licenses; published in prominent positions within the market market management organization, Division of management positions, market management system and the Agency's address and telephone number.
    Internal layout the article 25th market market registration and submit plans for the layout of the market, market needs change, 15th after the change in the registration authority for submitting a new layout designs to the market.
    Market should stop within the field operators in the market of management behavior. Article 26th market should provide consumers with the necessary review of measuring instruments.

    Market should belong to the compulsory certification of measuring instruments used within the market register to local quality and technical supervision departments; should oblige operators for use in the field of measuring instruments for routine maintenance, and venue operators to apply legal metrological verification institution regularly.
    27th should oblige dealers shall operate within the market, comply with the relevant laws and regulations and market management systems, promote integrity management, civilized business.
    Market should be established within the operator's credit archives, record field operators in the business activities in the penalties or the recognition of, and publicity on a regular basis in the market.
    Market participants, venue operators should do the statistic work to provide statistical data in accordance with law.
    28th found within the field of market operators have an illegal business, should be stopped and urged to correct, and report to the relevant administrative supervision and Management Department.
    Market are not floor operators of unlicensed and sales of fake and shoddy goods and other business sites, storage, warehousing, transportation, and so on.
    Article 29th market Administrative Department should actively assist in investigating illegal activities in the market, not withholding the truth or being tipped off to the parties, shall not be under various pretexts refuse or obstruct the administration of law enforcement.
    Administration of operators of on-field violations should be investigated and dealt with those results inform the market.
    Article 30th market should be established within the market complaints, accepts consumer complaints, mediate and assist departments in dealing with trade disputes.
    31st close or terminate the operation of the market, market should advance notification of 30th field operators, agreed by the contract from its agreement to retail-oriented market, 30th in advance should be posted at the entrance in the market of publicity.
    Operators within the fourth chapter 32nd farm operators should be honest, legitimate business, fair competition and compliance with market management system, and consciously safeguard the market order.
    Operators shall operate within the laws, regulations and rules prohibited goods, may not engage in activities prohibited by laws, regulations and rules.
    Article 33rd floor operators should be certified according to management, and their prominently hung in places of business license, tax registration certificate and other certificates.
    A farmers ' market in the sale of self-produced agricultural products, should be operating in designated special area within the market.
    Article 34th floor operators shall establish a system of commodity raw materials purchase check, obtain quality certificates; purchase and sales of goods produced required license should be obtained from the supplier the identification of effective production license, health permit documents.
    Site operators buy and sell goods without quality certificates, commodities should be inspection, testing, and take responsibility for product quality.
    35th operations involving personal safety and property security, national franchise under the essential commodities such as farm operators shall set up purchase and sales ledger system. List of essential commodities by the municipal economic and trade administrative authorities and the relevant administrative departments, approved by the municipal people's Government announced.
    Municipal people's Government in accordance with disaster relief, epidemic prevention and other public interests need to temporarily identify important commodities. 36th site operator shall comply with on the protection of trademark rights, patent rights, copyrights and other intellectual property laws, regulations and rules. For scalar are registered trademarks, patents, or patent purchases of goods, copyright tag should be inspected to establish a filing system.
    Shall not sell, display, advertising fake or counterfeit intellectual property products.
    Farm operators are unauthorized to special sales, agent, exclusive distribution, exclusive forms to engage in business activities.
    37th floor operators ' on-field management and safety problems, to suggest improvements to market can be reported to the relevant administrative departments.
    38th article field within operators enjoys following right: (a) proposed opened, and change, and closed, and closed application; (ii) on by approved of market name enjoys and market opened who agreed of right; (three) in approved of business way, and business range within law independent business; (four) refused to not law after approved of charges and various form of assessed; (five) legal, and regulations gives of other right.
    Fifth chapter, market supervision and administration 39th market supervision and management departments should be in accordance with the requirements of open Government, open market supervision and management laws, rules, regulations and regulatory documents, and provides a facility for public inspection. 40th industrial and commercial administrative departments marketing management information network should be established to record information related to market management and market and site operators credit management, available in the public domain.
    Relevant administrative departments, market, farm business operators shall facilitate the provision of relevant information. 41st market register an annual inspection system.
    Should the market open March 15 of each year to June 30, the original registration authorities submitted to the annual inspection report and related materials, bid on an annual inspection.
    Market submitted to the annual inspection report shall include the year of market activity, the market registered matters and other matters under administrative license changes, start-up and venue management industry door punishment and reward situations, dealing with complaints and disputes, and so on.
    42nd market registration office upon receipt of the annual inspection report and should be read in conjunction when the annual routine supervision records, spot checks, and so on, in the 20th annual pass or fail decision.
    43rd article market has following case of, market registration card annual test for not qualified: (a) not meet market construction specification or upgrade transformation requirements of; (ii) not according to approved of registration matters carried out business activities of; (three) market registration matters and the other administrative license matters occurred changes, market opened who not by provides handle change registration procedures of; (four) market opened who not by this provides perform on market of management responsibility, led market order chaos of;
    (V) market opened in accordance with this provision fulfil our oversight responsibility for farm operators operating legally, same operator in the same type of violations committed by law enforcement authorities investigated more than three times, or serious illegal business in the market, relevant sectors as a key management market.
    Article 44th of industry and commerce, public security, fire fighting, health, sanitation and other administrative departments shall establish a system of inspections, checks, regular checks, in accordance with their respective responsibilities for oversight management of commodity trading markets.
    Administrative departments when they discharge their duties of supervision and management of the market, and found violations that should be investigated by other departments, should inform the relevant administrative departments.
    45th business, fire, food and drug administration, quality supervision, agriculture, health, market supervision and management departments should be on the market within the departmental complaint calls, contacts and other information. Administration sectors receiving the report or complaint shall record, investigation and treatment in a timely manner, and respond to reports of the complainant.
    Does not belong to the Department's complaints, reports should be admissible, and transferred to the relevant Department, report or notify the complainant.
    Article 46th Administration for industry and Commerce found that market or other administrative licensing of the operators have not been made in the field, should be transferred to the relevant administrative departments to take the lead.
    Administrative licensing items related to operating activities of the market change, failure, withdrawal, cancellation, the relevant administrative department shall inform the administration of industry and commerce in the 30th.
    47th business administration, food and drug, agriculture, the administrative departments for public health shall establish the market commodity quality inspection, detection systems, discovered and investigated quality violations in a timely manner. Administration for commodity inspection, inspection principles, methods and procedures should apply fairly to all operators in the field.
    Product sampling, test results should be collected and analyzed in a timely manner, and in accordance with regulations to the public. 48th administrative law enforcement personnel shall, in accordance with legal procedures to investigate market violations. In carrying out inspection tasks, and shall show the document.
    For failure to produce documents, inspectors have the right to refuse the inspection.
    Sixth chapter legal liability article 49th market following cases, punishment according to law by the relevant functional departments: (a) violation of the provisions of article 13th, using unapproved marketing name for investment, rental, advertising and other business activities, the Administration for industry and commerce shall order rectification, confiscate the illegal income, and impose a penalty of 5,000 yuan and 20,000 yuan. (B) violation of the provisions of article 15th paragraph, the market has not obtained the registration certificate of the market opened without authorization, the Administrative Department for industry and commerce shall order rectification, market registration deadline; if omitted, confiscated, fined 10,000 yuan and 50,000 yuan fine, and enforcement action in accordance with the unlicensed investigation procedures shall be banned.
    Opened without permission in violation of other laws and regulations, and by the relevant administrative departments according to law.
    (C) violation of the provisions of article 17th, alter, lease, lend, transfer of the registration certificate of the market, by the industrial and commercial administration departments confiscating illegal income, impose a penalty of 5,000 yuan.
    (D) violation of the provisions of article 19th, is not in accordance with the provisions for registration of change, ordered by the industrial and commercial administration sector handled, fails to go through, and fined 1000 Yuan and 20,000 yuan fine. (E) violation of the provisions of article 23rd, run in accordance with the provisions established in the market, implementation of the system of market management, the Administrative Department for industry and commerce shall order correction within.
    In serious cases, causing market disorder and fined 5,000 yuan and 20,000 yuan fine. (F) violation of the provisions of article 25th, run their stall set up in the market, industrial and commercial administrative department fined 1000 Yuan and 10,000 yuan fine, in serious cases, to order the rectification.

    (Seven) violation this provides 28th article second paragraph, market opened who know or should know field within operators of no as business behavior and sales fake commodity behavior and for its provides business places or transport, and custody, and warehouse, conditions of, by business administration sector in accordance with no as business investigation banned approach and Guangdong Province investigation production sales fake commodity violations Ordinance of provides for punishment. (VIII) violation of the provisions of article 41st, not by the date of hosting the annual inspection, by the Administrative Department for industry and commerce within a replacement late replacement, fined 1000 Yuan and 20,000 yuan fine for over a year does not go through the annual inspection and revocation of registration certificates in the market.
    Markets fail to pass the annual inspection, the Administrative Department for industry and commerce shall order rectification; rectification is not qualified, and revocation of registration certificates in the market.
    50th field operators in the following circumstances, by the relevant administrative departments shall punish: (a) the first paragraph of violation of the provisions of article 34th, site operators failing to implement incoming inspection system, the Administrative Department for industry and commerce shall order rectification, and fined a maximum of 1000 Yuan.
    (B) violation of the first paragraph of this article 35th, site operators failing to implement important commodity purchase and sales ledger system, the Administrative Department for industry and commerce shall order rectification, and fined a maximum of 1000 Yuan and causing serious consequences, and fined 1000 Yuan and 5,000 yuan fine.
    51st market opened, venue operators refuse or obstructing a law enforcement officer from performing their duties or other acts violating the Administration in accordance with the People's Republic of China Law on administrative penalties for public security provisions of the case constitutes a crime, criminal responsibility shall be investigated according to law.
    52nd related administrative departments and their staff do not perform managerial duties, abuse of authority, dereliction of duty, favoritism, corruption and bribery and other disciplinary violations, monitored by administrative authorities or any other authority in accordance with administrative privileges directly in charge of personnel or other persons shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
                                                                                                                          Seventh chapter supplementary articles article 53rd these provisions come into force on January 1, 2007, the original of the Guangzhou market management measures for the registration of the abolished at the same time.