Procedures Of Shanghai Municipality For Administration Of Commodity Trading Markets

Original Language Title: 上海市商品交易市场管理办法

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(October 28, 2002 Shanghai City Government 146th times Executive Conference considered through November 18, 2002 Shanghai City Government makes 127th, announced) first chapter General first article (purpose) to specification market business management and field within business behavior, maintenance commodity trading market order, guarantees market business managers, and field within operators and commodity purchase who of lawful rights and interests of, promote commodity trading market of health development, according to this city actual, developed this approach.
    Article (meaning) of commodity trading markets in these measures refers to managers engaged by the market management, a concentration carried out in fixed places of the spot commodity trading.
    Market managers in these measures refers to legally established, use of owned or leased fixed places, tissue concentration within the field for spot commodities trading, market operation, service and management of enterprises.
    Farm operators in these measures refers to in the market on your behalf in spot commodity trading enterprises, individual businesses, produced from the farmers and other organizations.
    Article III (scope of application) commodity trading market within the administrative area of the City set, in the field of business management, transactions, and related supervisory activities, these measures shall apply.
    Fourth (departments), all kinds of goods, commercial administrative departments in charge of the market planning and coordination, direction and management of the specification.
    Relevant Administrative Department of the municipality in accordance with their respective responsibilities, cooperative commodity trading markets for the direction and management of the industry.
    All levels of industry and commerce, health, taxation, quality and technical supervision, public security, fire protection, environmental protection, sanitation, and price, urban transportation, administrative supervision and management departments in accordance with their respective responsibilities, to supervise and administer the law of commodity trading markets.
    Fifth (duties of the County, Township and neighborhood offices) of district and county governments in the region of commodity trading markets planning and coordination and management settings.
    Township and town people's Governments, neighborhood offices in commodity trading markets around the region environment and order management.
    Sixth (the principle of) commodities trading market settings, should follow the principle of active circulation, so that the public and the reasonable layout, meet the set criteria, important commodities trading market should carry out the planning, controlling and selecting the right to the grant.
    Commodity trading market management should be implemented to provide service combined with the management, clear management responsibility management market.
    Site operators engaged in commodities trading activities in the commodities market, should honor their commitments, legitimate business, legitimate competition, not against the commodity buyers and the legitimate rights and interests of other operators.
    Second chapter commodity trading market of set seventh article (commodity trading market of set conditions) commodity trading market of set should meet following conditions: (a) market location meet city construction planning, and reached environmental protection and city sanitation of requirements; (ii) has and trading of commodity varieties and scale phase adapted of fixed site and supporting facilities; (three) has must number has management qualification of market management personnel; (four) legal, and regulations and regulations provides of other conditions.
    Set up commodity trading markets shall not be occupied roads and green spaces, woodlands, not obviously impact on the normal life of local residents.
    Various types of commodity trading markets, Business Executive, sets specific conditions determined by the competent authorities and the relevant administrative departments, with inputs from the Administration after administration and relevant industry associations identified and announced to the public.
    Eighth (planning and management of important commodities trading market), for important commodities such as edible agricultural products market, the market sets the implementation planning and management.
    Planning management of other important commodities trading market, commercial administrative departments or the relevant administrative departments, Business Administration Department, submitted to the municipal people's Government confirmed to the public.
    Nineth (marketing planning system) market planned by the municipal departments of business administration prepare or train with the competent administrative departments, submitted to the municipal people's Government for approval before implementation.
    Market planning should include the commodity trading market set the number, area, location, size and function of the basic content.
    Preparation of market planning, should seek the advice of relevant industry associations.
    Tenth (market right of public tenders) important commodity trading markets operate, shall, in accordance with the principle of competition, established through a public bidding.
    Specific procedures for public bidding, by the municipal departments of commercial administration are responsible for the development, implementation and the relevant administrative departments.
    Through an open bidding process marketing rights shall not be transferable.
    11th (planning management of edible agricultural products market) of edible agricultural products wholesale market planning, municipal, agricultural, commercial administrative departments administrative departments, the industrial and commercial administration sector, the municipal public health Administrative Department, submitted to the municipal people's Government for approval before implementation.
    Retail-oriented layout planning of the edible agricultural products market, by district, County, Department of business administration, in conjunction with district and county administrative departments of agriculture, industry and Commerce Administration Department, the administrative departments of public health, reported to people's Governments at the same level for approval purposes. Municipal Business Center may not set up edible agricultural products wholesale market.
    On behalf of the other commodities markets run by market may engage in edible agricultural products trade.
    Chapter marketing management 12th (register) applications in marketing management, commodity trading market should, in its preparations for the setting after setting the conditions as provided herein, register with the Administrative Department for industry and commerce registration, receive the business license.
    Marketing managers is registered in the market management should be set during the preparatory commodity trading market after setting the conditions as provided herein, to market the Administrative Department for industry and Commerce registered branches to obtain business licenses.
    13th (business name and business) market in the name of the Enterprise Manager, industry segments must be marked "market management."
    Do not engage in market management company, its name must not use "marketing management" message.
    14th article (application opened registration should submitted of material) market business managers application opened registration, except meet People's Republic of China corporate registration Management Ordinance, and People's Republic of China company registration Management Ordinance provides submitted of material outside, also should to registration competent organ submitted following file: (a) meet fire, and health, and security, and environmental protection, requirements of proved material; (ii) meet provides uses of real estate ownership or right of proved material;
    (C) meet the required documentation of market management and (iv) other materials stipulated by laws, rules and regulations.
    Edible agricultural products and other important commodities trading market managers applied for registration, shall also submit the right to market winning notification.
    15th (change of registration and cancellation of registration) marketing management changes business name, domicile and business premises, legal representative, registered capital, business scope, operating period, change registration shall be filed with the registration authorities.
    Market managers go out of business, declares bankruptcy or for some other reason ceases business, shall be registered with the registration authority for cancellation in time.
    16th (development and implementation of market management system) marketing management marketing management system should be developed, regularly during the implementation of market organization and inspection management system, and according to the test result to take the necessary measures in a timely manner.
    17th (maintenance of operation of venues and facilities) operating within the market managers should maintain the market facilities as well as facilities such as fire safety, hygiene, sanitation and security, ensure that facilities are in good condition.
    18th (enter contract specification Guide), Marketing Manager at the time of entering business contracts with farm operators, can refer to the approach operating contract demonstration text conventions relating to both standardize the operation of rights and obligations, breach of contract and dispute resolution.
    Enter the contract demonstration text by the municipal departments of commercial administration in collaboration with the municipal administration for industry and Commerce developed and recommended for use.
    19th (urged dealers shall operate within the field) market managers should check within the operator's business license, tax registration certificate, and various business licenses.
    Market managers should oblige operators to fulfil the provisions of relevant laws and market management system, enhance the awareness of integrity, civilized business services, promote positive behaviour and business ethics.
    20th (publicity) prominent positions within the marketing manager shall be present to fly its business license, tax registration certificate, as well as various types of business licenses, published marketing management system as well as the regulatory agency, address and telephone number of complaints bodies. Significant position within the marketing manager shall be present to establish public.
    Administrative supervision and management departments, marketing managers responsible for the illegal business in the market, obtaining awards and activities should pay attention to publicity.
    21st (configuration and assist in the calibration of measuring instruments) marketing manager shall cooperate in the field of quality and technical supervision departments to use, subject to compulsory certification of measuring instruments within the scope of registration, site operators and organizations apply to the designated verification body regularly, urging operators in accordance with the measuring instruments for routine maintenance in the field.
    Marketing Manager configuration to reinspect the measuring instruments in the market.
    Encourage managers to provide specification of measuring instruments for high-priced goods in services, unified measure issued by the data.
    22nd (trade statistics) marketing manager responsible for statistical market transactions and completing the statistical reports submitted regularly to the relevant administrative departments. 23rd (delineation of the private region)

    Retail-oriented market for edible agricultural products marketing manager shall be present within the business area of 5% not less than the market's private area for farmers to sell their homegrown food agricultural products or informal employment of labor organizations engaged in edible agricultural products.
    24th (supervision of the operators in the field) marketing managers must not be a site operators engaged in illegal trading site, storage, warehousing, transportation, and so on.
    Operator in the field of violations of laws, rules, regulations, market operators and managers should be stopped immediately and urge the correction, and report to the relevant administrative supervision and management departments, and coordinates the administrative supervision and management departments of investigation and treatment.
    25th (disputes and compensation) market managers should establish trading rules of dispute resolution process. Encourage managers to establish compensation system for consumers.
    Site operators violating the legitimate rights and interests of consumers consumers unable to obtain compensation from the operators in the field, managers have an obligation under the system of market management in the market of provision on consumer liability.
    After market manager assume liability, can be liable to recourse against the operator in the field.
    26th (discontinued operations of commodity trading market) market managers go out of business or other reasons for their termination, shall, within one month in advance to inform operators and operators in the field to settle related financial procedures.
    The planning management of important commodities trading market ceases business, market management should be one month in advance to give the market the right to executive authorities report.
    27th (Commission market management services), marketing managers can delegate professional market management services management services in the market.
    Delegated management services management services in the market of specialized market, relieves a marketing managers want to assume management duties and responsibilities.
    28th (industry associations) encouraging market voluntary trade association composed of market management, the implementation of mercantile service, discipline and coordination.
    Operators within the fourth chapter 29th (business law) operators shall operate within the field and comply with market management system, and consciously safeguard the market order.
    30th (license) operators should be in a prominent position in the field to fly its business license, tax registration certificate, as well as all kinds of permits shall be obtained in accordance with law.
    The sale of homegrown farmers ' market in edible agricultural products, informal employment or labor organization to engage in business activities without restriction in the preceding paragraph, but should hold relevant certificates and market managers within designated special area management.
    31st (operating range) operator in the field should be in accordance with the scope of business approved by the administrative departments for industry and Commerce engaged in business activities shall not be outside their scope of business.
    32nd (purchasing vouchers save) operators in the field of purchased goods, shall examine product quality, and save to be able to prove the original invoice of purchase sources, documents, and so on, but farmers selling except for edible agricultural products sold.
    Special distribution brands, operators in the field should be obtained from the purchasing authority.
    33rd (purchase of the voucher issued) venue operators to sell goods, shall, in accordance with State regulations or business practice, to the purchaser of goods supervised by the municipal tax Department issued uniform invoices or other proof of purchase.
    34th article (important commodity sales Taiwan account of established) business following commodity of field within operators, should established purchase and sale Taiwan account: (a) bean, and meat, and food and products and electrical products, and human health, and life security is closely related to of commodity; (ii) steel, and chemical raw materials, and nonferrous metals, belongs to important production of commodity; (three) belongs to famous trademark or place famous trademark of commodity.
    The fifth chapter legal liability article 35th (establishes a market penalty) without registration of any establishment, engaged in commodities trading market, by the administration of industry and commerce in accordance with the People's Republic of China law, and of the People's Republic of China governing the registration of Companies Ordinance or the People's Republic of China to administer the registration of relevant provisions of the Ordinance to deal with.
    Article 36th (beyond the scope of punishments) market managers to go beyond its scope of business, industrial and commercial administrative departments in accordance with the People's Republic of China governing the registration of Companies Ordinance or the People's Republic of China registration of relevant provisions of the regulations for punishment.
    37th article (market business managers not perform management duties of responsibility) market business managers not perform following market management duties of, by business administration sector deadline corrected; refused to corrected of, be warning, and Visual plot weight give 1000 Yuan above, and 5000 Yuan following of fine: (a) not developed the market management system of; (ii) not presence within significantly location established publicity brand of.
    38th (responsibility for marketing managers do not perform his supervisory duties) Marketing Manager in violation of the first paragraph of article 19th and allowed does not comply with the provisions of article 30th organizations or individuals entering business, be warned by the Administrative Department for industry and commerce, and given more than 1000 Yuan, fined not more than 5000 Yuan.
    Marketing managers to engage in illegal business operators in the field of space, storage, warehousing, transport and other criteria be permissive, concealment or shelter, industrial and commercial administrative departments to give more than 5000 Yuan and 10,000 yuan fine; the circumstances are serious, more than RMB 10,000 yuan, fined a maximum of 20,000 yuan.
    39th (liability of operators in the field), site operators fail to fulfil obligations under the laws, regulations or rules, administrative supervision and management departments in accordance with the laws, regulations or rules of the penalty.
    The sixth chapter supplementary articles article 40th (applicable exceptions) laws, rules and regulations on related commodities market management, condition and layout planning, regulatory functions and other special provisions from its provisions.
    Rental counter operations of commercial enterprises, these procedures do not apply.
    41st (transitional provisions in existing markets), existing products, this market should be in accordance with the requirements of this approach, within one year from the date of implementation of this approach for rectification.
                                                                                  42nd (execution date) these measures shall enter into force on January 1, 2003.