Chengdu Agency Management

Original Language Title: 成都市中介机构管理办法

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(May 16, 2006, Chengdu municipal people's Government, the 77th General session on May 31, 2006, Chengdu municipal people's Government, the 124th promulgated as of July 1, 2006) first (objective basis) in order to strengthen agency management, standardized intermediary market, establish a good market order and improve the investment environment, promote the healthy development of the economy, according to the provisions of relevant laws and regulations, Chengdu practice, these measures are formulated.
    Article II (scope of application) within the administrative area of the city where intermediaries engaged in brokering activities shall comply with these measures. Article III (umbrella term) intermediaries in these measures refers to registered and established in accordance with law, professional knowledge and skills, reimbursement for the services provided to clients, and should bear the responsibility of legal persons and other organizations.
    Including: (a) independent audit institutions; (ii) assets, and land, and mineral resources, and security, and real estate, assessment institutions; (three) detection, and test, and certification, and supervision, and auction institutions; (four) legal, and archives, service institutions; (five) information, and credit, and technology, and engineering, and market (commodity) survey, advisory institutions; (six) career, and talent, and marriage, and education (tutor), introduced institutions; (seven) business registration, and advertising, and trademark, and patent, and tax, and real estate, and enrollment bid, and for private immigration, agent institutions;
    (H) securities, futures, insurance, guarantees and other financial intermediaries, (nine) different types of brokers and (10) in line with the other organizations as provided herein.
    Fourth (principles of practice) agencies and practitioners in the course of their practice, voluntariness, equality, fairness, justice, honesty and credit principle. Fifth (body) development agency meeting system established in this city, organizing and coordinating supervision and management of city agencies and other related work.
    Joint meeting of the Bureau of industry and commerce is responsible for daily work.
    Commerce, industry, development, construction, labor, personnel, judicial, financial, investment, housing, quality supervision, land, civil affairs, public security, taxation, education, business, price, safety inspection, audit and other administrative departments should strengthen the supervision of intermediaries.
    Sixth (principles of management) management of intermediary agencies shall, in accordance with administrative departments, industry associations, discipline, principles of the Agency itself.
    Seventh (complaints) related departments shall establish a complaints system, citizens, legal persons and other organizations found that illegal intermediary institutions, complaints to relevant departments.
    Eighth (information systems), municipal administrative departments shall establish a mediation agency information collection and report system, timely collection of this system (including the district (City) County) agency regulatory information and submission to city industrial and commercial Bureau.
    Nineth (explicit content) intermediaries should be explicitly in the premises of institutions and personnel qualifications, codes of practice, practice discipline policies, procedures, standards, the practitioner's name, service projects and self-discipline supervision and Administration Department telephone and so on.
    Tenth (Agency) in addition to immediate liquidation of intermediary business, intermediary institutions to provide intermediary services, on behalf of the Agency should be legally sign a written contract with the client. 11th (practice records) agencies shall do a practice record.
    Practice records shall record the following: (a) the entrusted matters, the specific requirements of the client, (ii) the charging of fees and method of payment, (iii) the contract shall comply with the relevant requirements of the code of business and (iv) implementation of the commitments, including delegate acceptance, completion of the process, procedures, such as the end. 12th (institution building) agencies should be through institution-building, enhancing the practice of transparency, subject to public supervision.
    Save the Agency shall, in accordance with the relevant provisions of the original documents, records, books of practice and mediation contract. 13th article (ban behavior) intermediary institutions and the practice industry personnel shall not has following behavior: (a) without law registration unauthorized carried out intermediary activities; (ii) on client hide and client about of important matters; (three) leaked client of commercial secret; (four) engaged in national ban circulation of commodity or service of intermediary activities; (five) to client charged service fee or other costs, not issued invoice; (six) forged, and altered trading file and voucher, issued false report; (seven) take fraud, and stress, and bribery, and malicious
    Collusion and other unfair means to harm the interests of the parties contracting business; (VIII) published false information, soliciting contracts to defraud agency fee; (IX) for false advertising on goods or services, (10) hiring without the licensing officer to practise (11) other behaviors prohibited by laws, rules and regulations.
    14th (review public) agencies and practitioners disobey article 13th, in serious cases, by the relevant administrative department submitted to the municipal development agency after a joint review to the public.
    15th (intermediary choice) determined after review was included in the list to the public agencies and practitioners, government agencies, public institutions and State-owned enterprises and State-holding enterprises and the Government may not delegate its intermediary business investment project for three years.
    16th (accountability) Government departments, public institutions and State-owned enterprises and State-holding enterprises and Government commissioned a review of investment projects identified are included in the public agencies and practitioners to provide intermediary services, the administrative supervision departments investigate the main responsibilities of responsible persons and persons directly responsible.
    Administrative law enforcement negligence, abuse of power, favoritism and given administrative sanctions according to relevant regulation constitutes a crime, criminal responsibility shall be investigated according to law. 17th article (punishment provides) intermediary institutions violation this approach provides of, has legal, and regulations, and regulations provides of, by related sector or drew attention to the right to organ law be punishment; no provides of, by business administration organ by following provides punishment: (a) violation this approach Nineth article, and tenth article, and 11th article, and 12th article provides of, by business administration organ ordered deadline corrected, late not corrected of, sentenced 500 Yuan above 1000 Yuan following fine; (ii) violation this approach 13th article provides of,
    Fined 1000 Yuan more than 30000 Yuan fine.
    18th (appeal) of specific administrative act undertaken by the parties, may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.
    19th (interpretation) this approach by the Chengdu municipal people's Government Affairs Office is responsible for the interpretation.
                                                                                                                          20th (execution date) these measures shall take effect on July 1, 2006.