Administrative Measures On Market Intermediaries In Xiamen City

Original Language Title: 厦门市市场中介机构管理办法

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(December 25, 2007 at the Xiamen City people's Government the 18th Executive meeting on January 30, 2008, Xiamen City people's Government released, 129th come into force on April 1, 2008) Chapter I General provisions article in order to strengthen market management, standard market practice, maintain the market intermediaries and the legitimate rights and interests of the applicant, promote healthy development of intermediary services, in accordance with relevant laws and regulations, combined with the city's actual, these measures are formulated.
    Article in the administrative area of the city of market intermediaries and practitioners and management activities relating to intermediary organizations and personnel shall abide by these measures. Third market intermediaries in these measures (hereinafter intermediary), is registered by the administration of industry and commerce in accordance with established professional knowledge or special skills, according to the rules and procedures prescribed for the client to provide economic evaluation, consultation, training, brokerage and other paid intermediary services and bear the corresponding legal responsibility of legal persons or other organizations. Including: (a) accounting, and audit, independent audit institutions; (ii) assets, and land, and mineral resources, and forest resources, and real estate, and construction project environment effect, assessment institutions; (three) detection, and test, and certification, identification institutions; (four) mapping, and supervision, and technology, and archives, and training, and guarantees, service institutions; (five) information, and credit, and technology, and engineering, and market survey, advisory institutions; (six) career, and talent, and marriage, and education, introduced institutions; (seven) business registration, and advertising, and trademark, and patent, and tax, and
    Real estate, bidding, dismantling government procurement, auctions, private immigration, brokers and agents; (VIII) in line with the other organizations as provided herein.
    The fourth intermediary agencies and practitioners should comply with laws, regulations, rules and policies, in accordance with the principles of independence, objectivity, impartiality, integrity, abide by the rules of practice and professional ethics in business activities.
    Fifth of municipal and district people's Government will be the development of intermediary services into national economic and social development planning and Development supports the development of agency policies, optimize intermediary services development environment.
    The sixth industry administrative departments should strengthen the operational management, law of intermediaries and practitioners of mediation practice for efficient management.
    Industry and commerce, taxation, finance, price, quality and technical supervision, comprehensive administrative department shall strengthen the supervision of intermediaries and business activities.
    Municipal people's Government agency established to coordinate systems, determine the management agency responsible for the city agency and practitioner supervision and management coordination.
    Article citizens, legal persons or other organizations to find intermediaries and practitioners of illegal practice, entitled to the regulatory responsibilities of industry administrative departments administrative department or a combination of complaints.
    Citizens, legal persons or other organizations found that industry administrative departments, General Administration and management of the Municipal Government to determine authority (hereinafter referred to as administrative department) does not perform supervisory duties or administrative organs, State-owned asset regulators, institutions, State-owned and State-holding enterprises violating relevant provisions of these measures, right to file a Watchdog complaint.
    Eighth trade associations should assist the Government in industry management and give full play to industry, industry self-regulation, industry representatives, industry coordination and other basic functions, improve the overall quality of the intermediaries and practitioners, maintain social morality. Chapter II business management Nineth intermediaries should be registered with the industrial and commercial administration authorities according to law before they can practice.
    Operational activities of intermediaries in fixed places of the city, it shall apply to the local administration for industry and commerce business license.
    Agency set up after registration it shall apply for tax registration.
    The tenth article in accordance with the laws and administrative regulations, Agency shall obtain the corresponding qualification (qualification), intermediaries should be approved for qualification (qualification) operate within the business scope.
    Law shall obtain the corresponding qualification (qualification) practice of intermediary organizations in the city, in accordance with the regulations to the administrative authority of the city industry qualification (qualification) filing procedures, their professional activities should be qualifications (qualifications), adaptation, and shall be supervised by the Administrative Department for industry.
    Implementation of qualification (qualification) management agency practice in this city, in accordance with the regulations to the administrative authority of the city industry practice filing procedures.
    11th article in accordance with the laws and administrative regulations, mediation practitioners should obtain qualified intermediary qualified practitioners should; without qualification, not practice.
    Intermediary qualification management implementation of any national practitioners engaged in the practice of, and shall be subject to the relevant administrative departments or industry associations knowledge of practice training. 12th intermediaries and practitioners are encouraged to join corresponding trade associations.
    Laws and regulations agencies and practitioners should join the Association, from its provisions. 13th intermediaries independently according to law practice and legal responsibility for practice quality. The Parties shall have the right to select intermediary agencies to provide services.
    Intermediaries and practitioners of the legal practice is protected by law, and no unit or individual is allowed to intervene. 14th agency implementation of paid service.
    Intermediary services subject to Government pricing or Government guidance pricing management shall obtain Department approval before the rates of price.
    Delegate of the Executive Agency provides services, should be paid to buy, not forcing the Agency to provide pro bono services.
    15th intermediaries should be explicitly in the business place license qualifications, institutions and practitioners (qualification) certificate, code of practice, practice discipline, procedures, the practitioner's name, service projects, standards and monitor phone calls, and so on.
    16th Agency provides mediation services should be lawfully entered into on behalf of the Agency and the client contract. Mediation practitioner should practise in the Agency, and not by way of personal name of practice.
    Mediation practitioners shall simultaneously in two or more agency practice.
    17th intermediaries should be ready to practice records, in accordance with laws, regulations, requirements and deadlines, keep records, original vouchers and account books of practice and mediation contract. 18th article intermediary institutions and the practice industry personnel in practice industry in the shall not has following behavior: (a) in peer part-time or in different industry illegal part-time of; (ii) provides or instead of others provides false information of; (three) on service or commodity for false publicity of; (four) leaked client commercial secret of; (five) forged, and altered trading file and voucher, issued false audit, and inspection funding, and assessment report or proved file of; (six) take hide, and fraud, and stress, and bribery, and collusion, illegal means,
    Damage the interests of clients or others, and (VII) to ask for or accept the contract gratuity or other property, or use practice facilities gain other improper interests; (VIII) in kickbacks or other improper means to contract business of competition, (IX) other behaviors prohibited by laws, rules and regulations.
    Third chapter credit management 19th article intermediary institutions and the practice industry personnel in practice industry in the has following case one of of, by about industry administrative competent sector remember into good behavior records: (a) was finds for famous trademark or famous trademark of; (ii) through national recognized of enterprise quality system certification of; (three) in city level above integrity grade evaluation in the was determine for excellent of; (four) was city level above administrative organ assessment recognition of; (five) was city level above administrative organ informed praised of;
    (Vi) gained recognition by the national industry association; (g) shall be entered into the record of good behavior in other circumstances.
    20th article intermediary institutions and the practice industry personnel illegal practice industry and the has other practice industry not integrity behavior and by following processing of, by about industry administrative competent sector remember into bad behavior records: (a) was held criminal of; (ii) by administrative punishment of; (three) law bear civil compensation responsibility of; (four) in law enforcement check in the was written ordered rectification of; (five) was city level above administrative sector public informed criticism of. 21st intermediaries and practitioners in more than two years was recorded in the bad record, or a record was recorded in the bad behavior and illegal consequences of industry administrative departments shall be credited to the public list of warning.
    Released less than two years.
    Intermediaries and practitioners have prescribed in the preceding paragraph shall be credited to the warning list and the circumstances are serious, the administrative departments shall be credited to the focus list warning.
    Intermediaries and practitioners of illegal practice acts, was revoked in qualification (qualification), business licenses, is no longer credited key warning warning list or lists.
    22nd article intermediaries and practitioners be credited record of bad behavior, warning list or focus on the warning list of industry administrative departments shall first inform the parties in writing, and listen to their statements and to defend themselves on the reasonable opinions shall be adopted by the parties.
    23rd intermediaries and practitioners be credited good behavior record, record of bad behavior, warning list or key warning list, should be according to the relevant provisions of the municipal government in Xiamen City, enterprises and intermediary agencies (social organization) credit website.
    Credit information changes provided for in the preceding paragraph, industry administrative departments should promptly in Xiamen City, enterprises and intermediary agencies (social organization) credit website. 24th credited good behavior records of intermediaries available municipal and district people's Government's policy support.
    Specific measures of support, formulated by the relevant Administrative Department of industry organizations, the people's Governments at the corresponding level for approval.
    25th to be credited record of bad behavior, warning list or list key warning, industry administrative departments and integrated administrative departments shall take measures to strengthen the supervision and management.
    Was recorded in the bad behavior log key warning, warning list or lists, and should not be recommended to attend that year's well-known trademarks and famous trademarks of assessment, selecting the recognition, assessment and reporting credit recognition.
    26th on the announcement and credited to the warning list within the time limit or is credited to the focus on the warning list of intermediaries and practitioners, the municipal administrative organs at various levels, the State-owned asset regulators, institutions, State-owned and State-holding enterprises, and other financial investment and financing projects, may not delegate its intermediary business.
    Administrative organs, State-owned assets regulatory agencies, public institutions and State-owned enterprises and State-holding enterprises, and other financial investment and financing projects in principal-agency business, should do a good job of intermediary credit information inquiry.
    27th industry administrative departments can establish intermediary credit rating system and guide, organization and implementation.
    Supervision and administration of the fourth chapter 28th industry administrative departments and comprehensive administration according to law on intermediary agencies and practitioners of mediation practice of conducting supervision and inspection, verify reflect reported breaches of the institutions and personnel of relevant materials, and submitted to the municipal people's Government, the regulatory body established by the regulation agencies and practitioners of credit information.
    Industry administrative departments and comprehensive accountability system for administrations should establish intermediary credit information reporting, credit information report comprehensive, objective, and timely.
    29th in supervision and inspection, the Administrative Department for industry and find intermediaries and practitioners should be revoked according to law qualification (qualification) punishment of offences should be appropriate punishment recommendations to the authorities, and assist them to make the qualification (qualification) management.
    30th industry administrative departments should be in accordance with the law, regulations and these regulations, strengthen trade associations discharge the responsibilities of management guidance and supervision.
    Industry administrative departments of the intermediary as provided herein can be filed, mediation practitioner training, commissioned by the Agency credit rating matters relevant industry associations.
    31st investment examination and approval departments should strengthen the financial investment and financing projects of the non-State-owned enterprises, State-owned holding enterprise compliance and enforcement article 26th of this approach in respect of supervision and inspection, violations which should be corrected, and to restrict or prohibit the implementation of fiscal investment and loan program.
    32nd municipal people's Government determined management agencies should establish and improve the supervision of intermediary credit information system, strengthening of Xiamen enterprises and intermediary institutions (social organization) credit website, and according to the relevant provisions of the municipal collection and credit information management agencies and practitioners.
    Municipal people's Government determined management agency should work with the industry administrative departments and integrated administration departments computers credit archives system, realization of information sharing, improve efficiency and provide quality services.
    Administrative departments shall, in accordance with provisions of article 33rd decoupling and intermediary organs, part-time administration staff are not allowed to intermediaries.
    Article 34th industry association industry administrative departments shall be assisted in formulating the trade intermediary services development policies and regulatory measures, strengthening professional ethics education of the intermediaries of the industry practitioners and business training, and develop and implement a trade intermediary contract demonstration text, establish and improve the industry self-regulatory mechanisms, self-regulation supervision.
    35th industry association should have trade intermediary organizations and practitioners practice trends and practice, honest and trustworthy, according to the operating performance of institutions and personnel can evaluate recognition.
    36th administrative departments and trade associations of intermediaries and practitioners implementing regulation, without prejudice to its normal business activities, shall not solicit or accept a regulation object of property shall not seek other interests.
    37th supervisory organs shall, in accordance with responsibilities and authority, strengthening the administration departments to carry out supervisory duties and administrative organs, State-owned assets regulatory agencies, public institutions and State-owned enterprises and State-holding enterprises compliance with and enforcement of these measures monitor the 26th article of inspection, verify violations reflect reporting departments, units and personnel related material.
    Fifth chapter legal liability article 38th intermediaries and practitioners in violation of the rules by the relevant Administrative Department of industry or a combination of administrative departments shall punish.
    Intermediary institutions and the practice industry personnel violation this approach provides, has following case one of, legal, and regulations, and regulations no provides punishment of, by about industry administrative competent sector ordered deadline corrected or stop violations, has illegal proceeds of sentenced illegal proceeds 1 time times to 3 times times fine, but highest limit shall not over 30000 Yuan; no illegal proceeds of, sentenced 1000 Yuan following fine: (a) to others name practice industry, or allows other units or personal to this institutions or this institutions practice industry personnel of name practice industry of;
    (B) in the same part-time jobs in different industries or illegal part-time; (c) the practice of providing false information provided by or on behalf of others in the industry.
    Agency in accordance with this approach the tenth article, third paragraph for the record, by the respective industry administrative departments of rectification, fined 1000 Yuan fine.
    Decision of administrative penalty in the 39th to administration of specific administrative acts, may apply for administrative reconsideration or bring an administrative suit.
    40th intermediaries and practitioners in violation of the regulations, resulting in loss of principal or the legitimate interests of others, shall bear the liability for damages.
    Intermediaries and practitioners in violation of this regulation, constitutes a crime, criminal responsibility shall be investigated according to law. 41st article administration sector and staff violation this approach provides, has following case one of of, monitored organ should law held or ordered about administration sector law held about responsibility people of responsibility; constitute crime of, law held criminal: (a) not law handle registration or record procedures, or will handle record procedures disguised for administrative license of; (ii) law should remember into bad behavior records, and warning list or focus warning list and not remember into, Or law not should remember into bad behavior records, and warning list or focus warning list and be remember into of; (three) law should remember into good behavior records and not remember into of; (four) by provides should will was remember into bad behavior records, and warning list, and focus warning list and remember into good behavior records of results to social public, and not to social public or not by provides program and time to social public of; (five) by provides should submitted, and collection of credit information, not submitted, and
    Not collection or not by provides program and time submitted, and collection of; (six) law should on illegal practice industry behavior of complaints reported matters for investigation and not to investigation of; (seven) law should administrative punishment and not punishment or violation statutory program punishment of; (eight) law should on get financial voted financing project of non-State-owned enterprise, and State-owned holding Enterprise violation this approach about provides delegate intermediary business of behavior for stop and corrected, and not to stop and corrected of;
    (IX) provide services to request the parties to accept the specified Agency; (j) illegal and asked the Agency to provide pro bono services (11) is not provided for by the State and intermediary organs decoupling part-time or unauthorized intermediaries and (12) shall be investigated for responsibility according to law in other circumstances.
    42nd executive authorities, State-owned asset regulators, public institutions and State-owned enterprises and State-holding enterprises and their staff in violation of the provisions of article 26th, supervisory organs shall be investigated for or order the relevant units shall be investigated for criminal responsibility of the person concerned constitutes a crime, criminal responsibility shall be investigated according to law.
    43rd supervisory organs and their staff in violation of the rules, does not carry out its oversight responsibilities or abuse of power, favoritism, and should hold those responsible accountable according to law constitutes a crime, criminal responsibility shall be investigated according to law.
    The sixth chapter supplementary articles article 44th of the Administrative Department of industry registration and other intermediary bodies established by management according to law, in accordance with the measures implemented.
    Article 45th industry administrative departments shall, in accordance with the methods of intermediary agencies filed, mediation practitioner training, credit management and other specific measures.
                                                                                                                            46th these measures shall come into force on April 1, 2008.