Administrative Measures For The Social Intermediary Organizations In Zhejiang Province (2005 Revision)

Original Language Title: 浙江省社会中介机构管理办法(2005年修正本)

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(December 4, 2001 Zhejiang Province Government makes 135th, released according to October 26, 2005 Zhejiang Province Government on modified straddling Zhejiang Province swimming places management approach, 7 pieces regulations of decided Amendment) first chapter General first article for promote intermediary services of development, specification social intermediary institutions of behavior, maintenance intermediary service market order, guarantees social intermediary institutions and the client of lawful rights and interests of, according to national about legal, and regulations provides, combined this province actual, developed this approach.
    Article within the administrative area of the province of social intermediary organizations (hereinafter Agency) and its practitioners should comply with these measures. Article intermediaries in these measures refers to a legally established with specialized knowledge and skills, according to a certain business rules or procedures for the client to provide intermediary services, and charge corresponding expenses of the organization.
    Including: (a) independent audit institutions; (ii) assets, and land, and engineering, assessment institutions; (three) engineering supervision institutions; (four) legal, and archives, service institutions; (five) information, and technology, and engineering, advisory institutions; (six) detection, and test, and notary, and certification institutions; (seven) career, and talent, and marriage, introduced institutions; (eight) business registration, and trademark, and patent, and tax, and real estate, and enrollment bid, and for private immigration, agent institutions; (nine) meet this approach provides of other organization.
    Fourth intermediary services should the people's Governments above the county level shall be incorporated into the national economic and social development plan, optimize the environment of the development of intermediary services, promote the healthy and orderly development of intermediary services.
    Fifth people's Governments above the county level shall finance, law, science and technology, education, construction, water conservation, quality and technical supervision, land and resources, public security, civil affairs, labor and social security, personnel and other administrative authorities in accordance with the provisions of laws, regulations and measures, respectively responsible for the Agency and its supervision and management practitioners.
    Audit quality supervision Department is responsible for the operations of the independent audit bodies.
    Administration of industry and commerce is responsible for the registration and supervision of intermediaries.
    Sixth intermediaries should be joining an industry association, or the setting up of an intermediary Association.
    Industry associations should develop the industry's self-regulatory codes and disciplinary rules, management and supervision, industry self-regulatory role, guiding the development of intermediary services in the industry.
    Mediation practitioners shall be subject to the self-discipline of the industry association oversight. Chapter II establishment and licensing article seventh agency set up a registration system.
    Established intermediary institution shall apply to the local administration for industry and Commerce authorities to set up registration of industrial and commercial registration is not and shall not engage in for-profit intermediary activities.
    Laws, administrative regulations, Agency for business registration shall, before approval by the relevant competent administrative departments or agencies have set up special provisions from its provisions.
    Intermediary organizations in the province other than the province to set up branches, should be located in the branch register.
    Eighth to encourage intermediaries to implement large-scale operations, improving the quality of intermediary services and competitiveness.
    Encourage the newly established agency partnerships or limited liability company, the original intermediary can be restructured as a partnership or limited liability company.
    Nineth intermediaries shall not be attached to the executive authorities should be formed independently and bear the legal responsibility.
    National executive staff not working part time in intermediary.
    Tenth law, administrative rules and regulations imposed on the intermediary system of professional qualification and relevant competent administrative departments shall, in accordance with provisions of laws and administrative regulations.
    11th law and administrative regulations on mediation practitioners to implement the licensing system, mediation practitioners concerned shall, in accordance with laws, administrative regulations, qualified provision, did not qualify, shall not practise, provisions of laws or administrative regulations are not eligible should be obtained through examination.
    Chapter mediation practice 12th intermediary activities shall comply with the provisions of the laws, regulations and rules, abide by professional ethics and the principles of voluntariness, fairness, honesty and credibility. 13th the parties have the right to free choice of intermediary agencies to provide services.
    Intermediaries engaged in brokering activities according to law, which is protected by law, and no unit or individual is allowed to intervene. Administrative organs shall not by virtue of the terms of reference of the qualified people to accept its designated agencies providing services.
    Provided an intermediary business laws and regulations provided by the particular agency from its provisions.
    Executive administrative activities, documents issued by intermediary bodies established by law should be treated equally.
    14th article intermediary institutions and practice industry personnel in practice industry process in the except comply with business rules outside, also should comply with following provides: (a) provides of information, and information and the issued of written file should real, and legal; (ii) should timely, and truthfully to told client should know of information; (three) on practice industry in the knows of commercial secret and he secret matters be confidential; (four) properly custody client delivered of samples, and deposit, and advances, and about voucher, property and the information;
    (E) the operational specifications of the completed contract and other matters.
    Article 15th unless immediate liquidation and a simple intermediary businesses, intermediary institutions to provide intermediary services, shall enter into contracts with clients. 16th intermediaries should be ready to 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.
    17th intermediaries should be on card, on unlicensed and their premises clear location of service content, service specifications, charging items, standards, supervision and complaints office phone number and address and other matters.
    18th article ban intermediary institutions and practice industry personnel engaged in following behavior: (a) provides of information, and information may against national security and the public interests; (ii) deliberately provides false information, and information, issued false inspection funding report, and assessment report, and proved file and the other file; (three) obtained contract agreed yiwai of remuneration or other property, or using practice industry convenience seek other not due interests; (four) take fraud, and stress, and bribery, and collusion, illegal means, damage client or others interests;
    (Five) to rebate, not due competition means contract business; (six) forced or disguised forced marketing commodity, and provides service; (seven) on customer implemented discrimination sex treatment; (eight) practice industry personnel while in two a or two a above of industry intermediary institutions practice industry; (nine) law should by has practice industry qualification of personnel practice industry and hired no practice industry qualification personnel practice industry or hired in accordance with this approach provides shall not practice industry of personnel practice industry; (10) legal, and regulations, and regulations and the industry specification ban of other behavior. Fourth chapter legal responsibility 19th article intermediary institutions and practice industry personnel has following behavior one of of, by competent industry of administrative sector by following provides give punishment: (a) violation this approach 11th article provides of, ordered its stop practice industry, on intermediary practice industry personnel sentenced 1000 Yuan above 5000 Yuan following fine, and can on assigned intermediary institutions sentenced 2000 Yuan above 10000 Yuan following fine; (ii) violation this approach 18th article subsection (eight) items provides of, ordered its deadline corrected,
    Mediation practitioners fined 1000 Yuan more than 10000 fine; (c) in violation of these regulations article 18th (nine) States, ordered to rectify, the Agency fined 1000 Yuan more than 10000 fine.
    20th intermediaries and their practitioners disobey article 18th (b) provision by the competent administrative department or the Administrative Department for industry and Commerce mediation practitioners fined 5000 Yuan more than 30000 Yuan of fine, and intermediaries can be fined a maximum of 10000 Yuan more than 50000 Yuan.
    Intermediaries and practitioners disobey article 18th (a) the provision, by the relevant administrative department shall be punished according to law. 21st article intermediary institutions and practice industry personnel has following case one of of, by business administration sector by following provides be punishment: (a) no license engaged in intermediary activities of, in accordance with Zhejiang Province banned no as business Ordinance punishment; (ii) violation this approach 18th article subsection (three) items provides of, ordered its returned proceeds payments, and can on behavior people sentenced 1000 Yuan above 10000 Yuan following fine; (three) violation this approach 18th article subsection (four) items provides of, ordered stop violations, On intermediary institutions sentenced 10000 Yuan above 50000 Yuan following fine, and on directly responsibility personnel sentenced 3000 Yuan above 30000 Yuan following fine; (four) violation this approach 18th article subsection (five), and (six) items provides of, in accordance with People's Republic of China anti-not due competition method of provides processing; (five) violation this approach 18th article subsection (seven) items provides of, on intermediary institutions sentenced 1000 Yuan above 10000 Yuan following fine; (six) violation this approach 16th article provides,
    Content not incomplete records, or records of practice, the Agency fined 2000 Yuan fine.
    22nd agency violates the measures article 17th, by price, or administration for industry and commerce shall order rectification fails, fined a maximum of 3000 Yuan. 23rd intermediaries and their personnel in violation of the rules of practice, client or caused damage to the interests of others, borne by the intermediary liability.
    Intermediaries can have intent or gross negligence of practitioners recover. 24th article 18th of agency practitioners of this approach (b), (d) circumstances, are not allowed to engage in mediation practice in the future; administrative penalties imposed on the organ in accordance with these measures outside, it should be dealt with in accordance with the following provisions: (a) to report on violations committed, which will inform the contents published in the news media;

    (B) in accordance with the laws and administrative regulations directly revoked or recommended practice qualification management authority shall revoke the licensing and (iii) on the application of this article (b), other than the practitioner, informed the Agency where the person penalized shall not continue to employ the practice.
    25th be dealt with in accordance with article 24th of this approach practitioners, intermediaries may not be re-employed within the administrative area of the province.
    26th industry associations should have intermediaries and their practitioners practice and illegal situations, informed the executive authorities in the Association's punishment, punishment.
    27th to the intermediary as provided herein and their punishment of violations on the licensed, otherwise provided by laws and regulations, in accordance with the provisions of relevant laws and regulations.
    28th administrative penalty decisions of administrative organs and other specific administrative acts, may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law. 29th article administrative organ has following case one of of, according to following provides be processing: (a) violation this approach 13th article second paragraph provides of, by administrative monitored organ ordered its deadline corrected; on directly is responsible for of competent personnel and other directly responsibility personnel, according to statutory program, according to plot weight, give warning, and demerit, and remember than of administrative sanctions; (ii) violation this approach 13th article third paragraph provides of, by administrative monitored organ ordered its deadline corrected, and be informed criticism
    ; On directly is responsible for of competent personnel and other directly responsibility personnel, according to statutory program, according to plot weight, give warning, and demerit, and remember than of administrative sanctions; (three) corresponds to by this approach 24th article provides be processing and not processing of, by administrative monitored organ ordered its deadline made processing; on directly is responsible for of competent personnel and other directly responsibility personnel, according to statutory program, give warning; late not processing of, according to plot weight, give demerit, and remember than, and downgraded of administrative sanctions;
    (Four) not perform statutory duties or supervision poor, led to this administrative within of intermediary institutions continuous occurred major illegal event, caused serious consequences of, on main head and directly is responsible for of competent personnel, according to statutory program, according to plot weight, give demerit, and remember than, and downgraded, and dismissed of administrative sanctions; (five) has other negligence, and abuse, and engages in behavior of, on about responsibility personnel, according to statutory program, according to plot weight, give administrative sanctions.
    Article 30th in violation of this regulation, serious enough to constitute a crime, criminal responsibility shall be investigated according to law.
                                              Fifth chapter supplementary articles article 31st these measures shall take effect on February 1, 2002.