Administrative Measures On Market Intermediary Organizations In Fujian Province

Original Language Title: 福建省市场中介组织管理办法

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Administrative measures on market intermediary organizations in Fujian province

    (Standing Committee of the people's Government of Fujian province, on December 5, 2011 83rd review on December 9, 2011 116th promulgated by the people's Government of Fujian province as of January 1, 2012) Chapter I General provisions

    First in order to strengthen management of market intermediary organization, market intermediary organizations, and safeguarding legitimate rights and interests of the parties market intermediary activities, promote the healthy development of the market intermediary organizations, in accordance with the relevant laws and regulations, combined with the facts of the province, these measures are formulated.

    Article Marketing intermediary services activities within the administrative region of this province, to supervise and administer the market intermediary organizations and practitioners, these measures shall apply.

Third market intermediary organizations in these measures refers to legally registered by the industrial and commercial administrative departments to set up, for the client to provide paid services and bear the responsibility of the following organizations or individual (hereinafter referred to as organization):

(A) accounting and independent auditing organization;

(B) assets (including natural resources), workplace safety, environmental impact assessment (evaluation) Organization;

(C) testing, inspection, certification and identification (identification) Organization;

(D) supervision, surveying and mapping, statistics, archives, training, legal, security and other services organizations;

(V) information, such as credit, technology, construction engineering, market research advisory bodies;

(F) introduction organizations such as human resources, marriage, domestic work;

(VII) registration, advertising, entertainment, intellectual property, taxation, bidding, procurement, real estate, auctions, immigration, studying abroad, customs clearance, logistics, shipping, securities, futures, insurance, property rights, equity, guarantees and other agencies;

    (H) consistent with the other organizations as provided herein.

The fourth people's Governments above the county level development of market intermediary service industries should be incorporated into the national economic and social development plan, development of market intermediary organization's development policies, optimizing development environment of market intermediary service.

    Market intermediary organizations are encouraged to implement large-scale operations, improving service quality and competitiveness of the market intermediary organizations. Fifth people's Governments above the county level shall strengthen the management of the market intermediary organizations leaders, established by Government, market intermediary organizations departments composed of market intermediary organizations management coordination mechanisms, coordination and urge the relevant administrative departments in market intermediary organization market intermediary organizations management.

Daily industrial and commercial administrative departments.

Relevant administrative departments of the people's Governments above the county level and legal and authorized rights to administer public affairs functions of the Organization (hereinafter referred to as market intermediary authorities), is responsible for the supervision and administration of market intermediary organizations within their respective mandates.

    Supervisory organs of the market intermediary organizations departments and their staff in the supervision and administration of market intermediary organizations in the process of implementation of administrative supervision.

    Sixth market intermediary organizations and practitioners should follow legal, the principles of independence, objectivity, impartiality, integrity, abide by the rules of practice and professional ethics, and to protect national interests and public interests and the legitimate rights and interests of the client.

Seventh market intermediary organizations industry associations should give full play to industry of service, self-discipline, representative and coordination functions, improve market intermediary organizations and practitioners of comprehensive quality and quality of service, protect the legitimate rights and interests of market intermediary organizations and its practice. Supporting and guiding the market intermediary organizations set up industry associations, market intermediary organizations and practitioners are encouraged to join the market intermediary organizations industry associations.

    Laws and regulations shall establish a market intermediary organization industry association or market intermediary organizations and practitioners should be joining an industry association, from its provisions.

Eighth article of any organization or individual has the right to market intermediary organizations Department complaints, market intermediary organizations and practitioners reported acts of illegal practice, competent authorities shall be entitled to the relevant market intermediary organization market intermediary organizations and practitioners, such as credit information, market intermediaries supervision and administration of its observations and recommendations.

    No organizations or individuals found authorities not to carry out its oversight of market intermediary organizations management responsibility or supervision and administration of improper, illegal, market intermediary organizations to the supervisor right to competent authorities or supervisory authority of complaints and accusations.

    Chapter II establishment of market intermediary organization Nineth set up market intermediary organizations, it shall apply to the Administration for industry and commerce registration.

Stipulated by laws and administrative regulations must be reported to the approval of the establishment of market intermediary organizations should be in front of the market intermediaries registration apply for approval in accordance with law.

    Market intermediary organizations in the administrative region of this province, to set up branches, branch is located should be industrial and commercial administrative departments shall register; laws, administrative regulations, establishment of branches must be reported to the approval shall also submit the relevant documents of ratification.

    Tenth law, regulations, market intermediary organizations or their professional qualification, qualification of personnel of administrative licensing, market intermediary organizations or their practitioners shall obtain the relevant qualification, qualified before they can practice.

11th market intermediary organizations and their branches shall be from the date of registration in the 30th to the local market intermediary organization authority record. Market intermediary organizations in industrial and commercial registration of districts and cities in the province outside the administrative practice, it should be to the local districts and cities market intermediary organization authority record.

, Market intermediary organizations, district authorities shall from the date of filing within the 5th County (municipal and district), market intermediary organizations informed the authorities. Registration of market intermediaries outside the administrative area of the province in practising in the province shall be made to the provincial market intermediary organization authority record.

Market intermediary organizations at the provincial level departments shall from the date of filing in the 5th district city, County (city, district) intermediate market organizations informed the authorities, credit information platform and market intermediary organizations to the public. Record of documents shall be submitted by the provincial Department of market intermediary organizations.

    Laws, rules and regulations on record as otherwise provided in this article, from its provisions.

    12th market intermediary organizations in function, organization, personnel, finance, venues, and so on, should be the people's Governments above the county level and relevant administrative departments, Township (town) people's Government as well as legal and authorized rights to administer public affairs organization entirely separate.

    Chapter III market intermediary organizations practice 13th market intermediary organizations provide intermediary services in the market, according to law of market intermediary service contracts with clients.

    Legal, administrative regulations, or as agreed by the parties in writing of market intermediary service contract shall be in written form.

    14th market intermediary organization market intermediary service records of practice should be established, facts practice and in accordance with the laws, regulations and rules keep practicing the stipulated period records, original vouchers, accounting books and market intermediary service contract information; not provided for in laws, regulations, rules, shelf life of not less than two years.

15th market intermediary organizations and practitioners should be legally independent practice, and practitioners responsible for, and shall not be any of the following acts:

(A) provide information that could endanger national security and public interests or information;

(B) the false propaganda of the service;

(C) the provision of false information, information, forged and altered transaction documents or certificates, issued by the false reports, documents or other files;

(D) the name of another person to practise, or allow others in the name of the Organization, I practice;

(E) the trustee for concealment, fraud, intimidation, collusion or other illegal means, and damage the interests of clients or others;

(F) the differential treatment for clients with unreasonable conditions or discriminatory treatment;

(G) disclose State secrets, business secrets or private affairs;

(VIII) remuneration other than to ask for or accept the contract or other property;

(IX) collect a security deposit, down payment, advance payment, samples used in the process of practice to seek illegitimate benefits;

(J) the soliciting business by unfair competition means;

(11) the practitioners at the same time in two or more market intermediary organizations in the same industry practice;

    (12) other behaviors prohibited by laws, rules and regulations.

    16th market intermediary organizations and their branches shall be in their premises clear position of market intermediary qualification (qualification) certificate and business license, and publish services, standards, supervision and complaints bodies and supervision and complaints and other matters.

17th market intermediary organizations and their branches shall be in accordance with the express charges, fees or market intermediary service contracts to charge clients.

    Implement Government pricing or Government guidance prices of market intermediary service, market intermediary organizations should implement the relevant provisions to Government pricing or Government guidance prices.

18th the client shall have the right to free choice of market intermediary organizations provide services.

    The people's Government above the county level and the relevant administrative departments, Township (town) people's Government, as well as authorized by the laws and regulations to administer public affairs functions of the Organization, shall not abuse qualified clients to accept the specified or specified in a disguised form of market intermediary organizations provide services, loss or set conditions for exclusive clients for similar services the same qualification (qualification) the legitimate choice of market intermediary organizations.

    Chapter fourth intermediary credit management

    19th the people's Governments above the county level shall actively promote the construction of intermediary credit, establishing a market intermediary organizations and its practitioners credit management system, a sound credit mechanism of rewards and punishments.

    20th market intermediary organization departments should complete the market intermediary credit information collection, disclosure, assessment and classification, establishment of credit archives, implementation of market intermediary organizations and practitioners of reward, disciplinary and other credit management.

21st provincial administration for industry and commerce shall establish credit information platform of market intermediary organizations, and with other market intermediaries Department and credit information platform for the interconnection of districts and cities, in accordance with the relevant provisions of the open market intermediary organizations and its practitioners credit information to ensure credit and reward sharing of information society.

    Market intermediary organizations at the provincial level should be collected by the competent Department in the industry credit information and credit rating results, timely, accurate and complete import market intermediary credit information platform. 22nd credit market intermediary organizations, divided into faith and breach of confidence.

Break into general discredit, serious breach of confidence.

Market intermediary organization practitioners credit, divided into good and bad.

Market intermediary organization departments should regularly market intermediary organizations and its practitioners evaluate the credit, recognized credit rating. Market intermediary organizations and its practitioners credit criteria and measures shall be formulated by the Department of market intermediary organizations at the provincial level.

    Otherwise provided for by laws, rules and regulations, from its provisions.

Article 23rd on three times in a row as a trustworthy intermediary, within one year from the annual inspection of the business review, other market intermediaries of organization departments should simplify the inspection, verification procedures.

    Above the county level people's Governments and relevant market intermediary organizations Department three times in a row can be recognized as a trustworthy intermediary support and incentives.

24th was identified as general credit market intermediary organizations, may not enjoy relevant preferential policies the people's Governments above the county level for a year, and shall not participate in the people's Governments and their relevant administrative departments at and above the county level shall organize all kinds of identification certifications and Honors Award, its legal representatives or person in charge shall participate in the people's Governments and their relevant administrative departments at and above the county level shall organize the Honor Award.

    Departments should increase market intermediary organizations were identified as general credit market intermediary frequency of daily supervision and inspection.

25th has been identified as a serious breach of market intermediaries, not enjoy relevant preferential policies the people's Governments above the county level in three years, and shall not participate in the people's Governments and their relevant administrative departments at and above the county level shall organize all kinds of identification certifications and Honors Award, its legal representatives or person in charge shall participate in the people's Governments and their relevant administrative departments at and above the county level shall organize the Honor Award.

Market intermediary organizations departments shall be considered as a serious breach of market intermediary organization as a key object of supervision and inspection, to focus on special supervision and inspection.

    Market intermediary organizations was identified as a serious breach of trust within three years from the date, units may not be using the financial capital project related market intermediary entrusted with its implementation.

    26th for good credit market intermediary organization practitioners, market intermediary organizations competent departments shall regularly publish a good behavior record, recommended their participation in the people's Governments and their relevant administrative departments at and above the county level shall organize the Honor Award. 27th bad credit market intermediary organization practitioners, shall participate in the people's Governments and their relevant administrative departments at and above the county level shall organize the Honor Award.

    Record of bad behavior on the licensed market intermediary organization, market intermediary organizations departments shall be disclosed in a timely manner.

    28th three times in a row is identified as the credit market intermediary organizations and the list was identified as a serious breach of market intermediary organizations, provincial administration for industry and commerce shall be publicized in the intermediary credit information platform.

    Supervision and administration of the fifth chapter

29th market intermediary organizations departments for market intermediaries and practitioners conducting supervision and inspection, in accordance with the Division of responsibilities, to investigate and punish violations. Market intermediary authorities in the process of supervision and inspection, found the market intermediary organizations and practitioners offence jurisdiction belongs to the competent departments of the other market intermediaries should be transferred to the relevant market intermediary organizations dealt with by the Department in a timely manner.

    Is transferred to the competent departments shall, in accordance with the law of the market intermediary organizations, need feedback, should be completed within the 5th after feedback.

30th market intermediary organizations engaged in the project of an administrative license according to law, implemented by the Department of administrative licensing of market intermediaries supervision and management.

Intermediary organization according to law shall be subject to the same business item in the market more than two marketing departments administrative license of intermediary organization, first administrative permit authorities exercise supervision over and management of market intermediary organizations, other competent departments to cooperate with and assist the market intermediary organizations.

    Market intermediary organizations engaged in the project of law do not require administrative approval, specified by the people's Governments above the county level shall supervise and administer the Department.

    31st market authorities in the activity of market intermediary service of intermediary organization in the regulatory process to obtain information, you need to inform other relevant departments in charge of market intermediary organizations should be a copy in the 5th.

32nd market intermediary organization departments to perform their duties of supervision and management, you can take the following measures: (a) without prejudice to market intermediaries under normal production and operation activities, conduct inspections, (ii) to the relevant units and individuals to understand the situation;

(C) inspect and copy documents, data, documents and other related materials;

(D) the laws, rules and regulations of other supervision and inspection measures.

    Competent departments shall conduct supervision and inspection of market intermediary organization, market intermediary organizations and persons concerned shall cooperate, no filibuster.

    33rd market intermediary organizations failing to filing, by the relevant authorities shall order correction within the market intermediary organizations; it fails, can serve as the basis for credit basis and credited to the credit file.

    34th market intermediary organization departments should publicize complaints, telephone hotlines in the 30th from the date of receipt of the complaint, report, treatment decision on complaints, reports and inform the anonymous complainants, informants.

    The sixth chapter legal liability

35th market intermediary organizations in violation of the measures stipulated in the Nineth and tenth, engaged in business activities without a license without authorization, by market intermediaries responsible for supervision and management departments in accordance with the unlicensed investigation against the relevant provisions of the measures.

    Market intermediary organization practitioners in violation of the tenth article, without qualifications, qualifications without engaging in business activities, market intermediary organizations in charge of supervision and Management Department of correction and a fine less than 1000 Yuan and 10,000 yuan.

    Article 36th disobey article 14th, failing to establish medical records or failing to keep records of practice, by the responsible regulatory authorities shall order correction within the market intermediary organizations; it fails, than 1000 Yuan fine.

The 37th article violates this article approaches its 15th, any of the following acts, by market intermediaries responsible for regulatory authorities or relevant administrative departments for market intermediaries practitioners below 1000 Yuan and 10,000 yuan fine for market intermediaries under 3000 Yuan and 30,000 yuan fines:

(A) provide information that could endanger national security and public interests or information;

(B) the false propaganda of the service;

(C) the provision of false information, information, forged and altered transaction documents or certificates, issued by the false reports, documents or other files;

(D) the trustee for concealment, fraud, intimidation, collusion or other illegal means, and damage the interests of clients or others;

(V) divulging State secrets, business secrets or individual privacy;

(Vi) remuneration other than to ask for or accept the contract or other property;

(G) collect a security deposit, down payment, advance payment, samples used in the process of practice to seek illegitimate benefits;

    (H) by means of unfair competition contract business.

The 38th article violates this article approaches its 15th, any of the following acts, by the responsible regulatory authorities shall order correction within the market intermediary organizations, and concurrently impose a fine of less than 1000 Yuan and 10,000 Yuan:

(A) the name of another person to practise, or allow others in the name of the Organization, I practice;

(B) the differential treatment for clients with unreasonable conditions or discriminatory treatment;

    (C) the practitioners at the same time in two or more practising market intermediary organizations in the same industry.

    39th disobey the 16th article, not hanging intermediary qualification (qualification) certificate and business license, unpublished supervisory complaints and complaints from County industrial and commercial administration departments at or above a rectification; fails, than 1000 Yuan fine.

40th market intermediary organizations departments and their staff in the supervision and management of market intermediation process in violation of these rules, any of the following acts, the supervisory organ or their parent agency authorities should be held responsible for administrative responsibilities:

(A) in violation of regulations for market intermediaries to handle administrative license, or shall have no handle;

(B) is not a market intermediary organizations in function, organization, personnel, financial and sites completely separate from;

(C) the intermediary organization on a part-time basis in the market;

(D) specifying or disguised specify the market intermediaries;

(E) requirements of market intermediary organizations to provide free services;

(F) it fails to require disclosure of credit information of market intermediary organizations and practitioners;

(VII) failing to market intermediary organizations and its practitioners credit corrections;

(VIII) failing to investigate the complaints or reports according to law;

    (I) seek illegitimate interests.

    41st acts in violation of these rules, laws, rules and regulations on penalties, from its provisions resulting in loss of principal or interests of others, the violator shall bear liability constitutes a crime, criminal responsibility shall be investigated according to law.

    The seventh chapter by-laws

    42nd article herein other than market intermediary organizations management in accordance with the measures implemented. 43rd these measures come into force on January 1, 2012.