|
(Promulgated on November 18, 2002 by Decree No. 127 of the
Shanghai Municipal People's Government)
Chapter I General Provisions
Article 1 (Purpose)
These Procedures are formulated for the purposes of
normalizing the administration of market operation and acts of floor trading,
safeguarding the order of commodity trading markets, guaranteeing the legitimate
rights and interests of market operation administrators,
floor traders and
commodity buyers, and promoting the healthy development of commodity trading
markets, and in line with the actual
circumstances of this
Municipality.
Article 2 (Definition)
The commodity trading markets
mentioned in these Procedures refer to the fixed places where market operation
administrators operate
and manage and floor traders carry out spot commodity
transaction in a centralized manner.
The market operation administrators
mentioned in these Procedures refer to corporations established according to law
that organize
floor traders to carry out spot commodity transaction and conduct
market operation, service and management in a centralized manner
by using fixed
places of their own or leased.
The floor traders mentioned in these
Procedures refer to the enterprises, self-employed workers in industry and
commerce, peasants
who sell their own produce, and other organizations that
engage in the spot commodity transactions in their own name.
Article 3 (Scope
of Application)
These Procedures shall apply to the establishment, operation
and management of, floor trading in, and activities of supervision relating
to
the commodity trading markets within this Municipality' s administrative area.
Article 4 (Duties of Departments)
The municipal competent commerce
administrative department is in charge of the coordination, guidance and
administration of the
planning and norms of various commodity trading markets in
this Municipality.
The relevant competent administrative departments of this
Municipality shall, according to their respective duties, cooperate in
exercising guidance and administration of commodity trading markets of their
respective trades.
The administrative supervision departments of industry and
commerce, public health, taxation, quality and technical supervision,
public
security, fire prevention, environmental protection, city appearance and
environmental sanitation, price control and urban
transportation at all levels
shall, according to their respective duties, exercise supervision over commodity
trading markets according
to law.
Article 5 (Duties of District/County, Town
and Township Governments and Sub-district Offices)
The district/county
people' s governments shall carry out coordination and administration in respect
to the planning and establishment
of commodity trading markets within their
respective areas.
The town and township people' s governments and sub-district
offices shall carry out administration in respect to the peripheral
environment
and order of commodity trading markets within their respective areas.
Article
6 (Principles)
The establishment of commodity trading markets shall follow
the principles of activating circulation, offering convenience to citizens
and
making rational layout, and shall meet establishment requirements. Major
commodity trading markets shall practice the planning
regulation and control and
the granting of operational rights to the better traders.
The operation and
administration of commodity trading markets shall carry out the combination of
offering services with exercising
management, and define the responsibility of
operational administrators for market management.
The floor traders engaged
in commodity trading activities in the commodity trading markets shall keep to
their commitment, do legal
business and participate in fair competition, and
shall not infringe upon the legitimate rights and interests of commodity buyers
and other traders.
Chapter II Establishment of Commodity Trading Markets
Article 7 (Requirements for Establishing Commodity Trading Markets)
The
establishment of commodity trading markets shall meet the following
requirements:
(1) The site-selection of markets shall be in line with the
urban construction planning and meet the requirements of environmental
protection and city appearance and environmental sanitation;
(2) Having fixed
places and auxiliary facilities suited to the commodity variety and scale in
trading;
(3) Having a certain number of market administrators with management
qualification;
(4) Other requirements as may be provided by laws, rules and
regulations.
The establishment of a commodity trading market shall not occupy
roads, greenery land or woodland, or pose obvious impact on normal
life of
residents living in the surroundings.
The specific requirements for the
establishment of varied commodity trading markets shall be put forward by the
municipal competent
commerce administrative department jointly with relevant
competent administrative departments, determined after soliciting opinions
from
administrative supervision departments and relevant trade associations, and then
be published to society.
Article 8 (Planning Management of Major Commodity
Trading Markets)
This Municipality practices planning management on the
establishment of major commodity trading markets such as edible farm produce
markets.
Other major commodity trading markets that need the implementation
of planning management shall be put forward by the municipal competent
commerce
administrative department or by the municipal relevant competent administrative
departments jointly with the municipal
competent commerce administrative
department, be reported to the Municipal People' s Government for finalization
and then be published
to society.
Article 9 (Preparation of Market Layout
Planning)
The market layout planning shall be prepared by the municipal
competent commerce administrative department alone or in cooperation
with
relevant competent administrative departments, be reported to the Municipal
People' s Government and be carried out after
being approved.
The market
layout planning shall include the basic contents such as quantity, region,
location, scale and functions of the commodity
trading markets to be set
up.
In preparation of the market layout planning, opinions shall be solicited
from relevant trade associations.
Article 10 (Open Bidding for Market
Operation Rights)
The market operation rights of major commodity trading
markets shall be determined in the form of inviting and tendering bids according
to the principle of selection of the best through competition.
The municipal
competent commerce administrative department shall be responsible for drawing up
the specific operation procedure
of open bidding and the relevant competent
administrative departments shall organize the implementation.
The market
operation rights obtained through the procedure of open bidding shall not be
transferred.
Article 11 (Planning Management of Edible Farm Produce
Markets)
The municipal competent commerce administrative department, jointly
with the municipal competent agricultural administrative department,
the
municipal industrial and commercial administrative department, and the municipal
public health administrative department shall
prepare and submit the layout
planning of edible farm produce wholesale markets to the Municipal People' s
Government for approval
and then implement the planning.
The district/county
competent commerce administrative department, jointly with the district/county
competent agricultural administrative
department, industrial and commercial
administrative department and public health administrative department, shall
prepare the
layout planning of edible farm produce markets that are mainly for
retail business, and submit the planning to the people' s government
at
corresponding level for approval and then implement the planning.
No edible
farm produce wholesale market shall be set up in the commercial centers of
municipal level. No edible farm produce trading
shall be conducted in the
markets run in the name of other commodity trading markets.
Chapter III Market Operation Administrators
Article 12
(Registration)
Those who apply for conducting market operation management
activities shall, after having the commodity trading market in preparation
met
the establishment requirements specified in these Procedures, register
themselves with the industrial and commercial administrative
department, and
take out the corporation business license.
The market operation
administrators engaged in market operation management activities in the place
other than the registration locality
shall, after having the commodity trading
market in preparation met the requirements set forth in these Procedures,
register themselves
as the branch agency with the industrial and commercial
administrative department in the locality of the marketplace, and take out
the
business license.
Article 13 (Enterprise Name and Business Scope)
In the
enterprise name of market operation administrator, there shall be marked at the
part of trade the wording of "Market Operation
Management" .
In respect of
enterprise not engaged in market operation management, the wording of "Market
Operation Management" shall not be used
in the name.
Article 14 (Materials to
be Submitted in Application for Business Registration)
When applying for
business registration, the market operation administrators shall submit the
following documents to the organ in
charge of registration in addition to the
materials as required by the "Regulations of the People' s Republic of China on
the Administration
of Corporation Registration" and the "Regulations of the
People' s Republic of China on the Administration of Company
Registration"
:
(1) Certification materials evidencing the compliance with the
requirements of fire prevention, public health, public security and
environmental protection;
(2) Certification materials evidencing the
ownership or use right of the real estate that comply with its use purpose as
provided;
(3) Certification materials evidencing market administrators that
meet the requirements as provided; and
(4) Other materials as may be required
by laws, rules and regulations.
The market operation administrators of major
commodity trading markets such as edible farm produce markets, when applying for
business
registration, shall submit the bid-winning notice of market operational
right as well.
Article 15 (Registration of Alteration and Cancellation)
The market operation administrators, when changing name, residence location,
business site, legal representative, business scope,
registered capital and
operational duration of the enterprise, shall go through alteration registration
with the organ in charge
of registration.
The market operation
administrators, when closing business, going bankrupt, or terminating business
for other reasons, shall go
through timely cancellation registration with the
organ in charge of registration.
Article 16 (Drawing up and Implementing the
Market Management Systems)
The market operation administrators shall draw up
various market management systems, organize regular checks of the implementation
of the market management systems, and take necessary measures in time based on
the check results.
Article 17 (Maintaining Business Sites and
Facilities)
The market operation administrators shall maintain the
operational facilities and other facilities of fire prevention, public health,
environmental sanitation and security in the marketplaces, and ensure that all
relevant facilities are in good condition.
Article 18 (Normalized Guidance of
On-floor Operation Contracts)
The market operation administrators, when
concluding on-floor operation contracts with floor traders, may refer to the
model text
of on-floor operation contract, and stipulate relevant rights and
obligations of both parties on doing normalized business according
to law, the
liability for breach of contract, and the mode of dispute settlement.
The
municipal competent commerce administrative department, jointly with the
municipal administrative department of industry and
commerce, shall draw up the
model text of on-floor operation contract and recommend its use.
Article 19
(Urging Floor Traders to Do Business According to Law)
The market operation
administrators shall check the business license, taxation registration
certificate, and various operation permits
of floor traders.
The market
operation administrators shall urge floor traders to perform relevant provisions
of laws and market management systems,
enhance the awareness of honest and
good-faith services and of doing business in a civilized manner, and advocate
good operational
style and commercial ethics.
Article 20 (Public Notice in
Marketplaces)
The market operation administrators shall put up the business
license, tax registration certificate and operation permits of all
kinds in a
conspicuous place of the market, and publish the market management systems and
the addresses and telephones of the administrative
supervision department and
the complaint-handling agency.
The market operation administrators shall set
up public notice boards in a conspicuous place of the markets. Relevant
administrative
supervision departments and the market operation administrators
shall be responsible for making public the illegal business acts,
the
commendations and rewards, and matters deserving attention in business
activities in their respective marketplaces.
Article 21 (Equipping with
Measuring Instruments and Assisting in Measurement Check)
The operation
administrators shall, in cooperation with the quality and technical department,
compile a register of measuring instruments
used in the marketplace and fell
under the category of compulsory check, and organize floor traders to apply for
periodical checks
to the designated measurement check agency, and urge floor
traders to make routine maintenance of measuring instruments according
to
law.
The market operation administrators shall equip the marketplace with
measurement re-check instruments.
The market operation administrators shall
be encouraged to provide normalized service of measuring instrument for high
price level
commodities, and issue measurement data in a unified way.
Article
22 (Statistics of Market Trading Situation)
The market operation
administrators shall be responsible for making statistics of market trading
situation, fill in and submit regularly
statistical statements to the relevant
administrative department in charge.
Article 23 (Designation of Area for
Special Use)
The market operation administrators of edible farm produce
market that engage mainly in retail business shall designate in the marketplace
special area of not less than 5 per cent of business area of the market for use
of peasants to sell their self-produced edible
farm produce, or for persons of
non-regular employment organization to deal in edible farm produce.
Article
24 (Supervision over Floor Traders)
The market operation administrators shall
not provide sites, storage, warehousing, transportation and other conditions for
floor
traders that engage in illegal trade.
Where floor traders violate
provisions of laws, rules and regulations, the market operation administrators
shall make prompt curbs,
urge correction, report to the relevant administrative
supervision department, and coordinate in investigation and handling
thereof.
Article 25 (Dispute Settlement and Compensation)
The market
operation administrators shall institute the system concerning mediation and
settlement of market trading disputes.
The market operation administrators
shall be encouraged to institute the system of giving consumers prioritized
compensation. Where
floor traders infringe upon the legitimate rights and
interests of consumers, and the consumers are unable to get compensation from
the floor traders, the market operation administrators are obligated to bear
liability for compensation to consumers according
to the provisions of market
management system.
The market operation administrators may, after bearing the
compensation liability, recover the compensation paid from the floor traders
that is held liable for the compensation.
Article 26 (Business Termination of
Commodity Trading Markets)
The market operation administrators, who stop the
business or terminate the business for their own reasons, shall notify the floor
traders one month in advance, and go through all relevant formalities of
settling all financial affairs with the floor traders.
Where major commodity
trading markets that exercise planning management terminate their business, the
market operation administrators
shall report one month in advance to the
administrative department in charge that has granted them the market operational
rights.
Article 27 (Entrusting Market Management Services)
The market
operation administrators may entrust a professional market management service
agency to conduct market management services.
Where the professional market
management service agency is entrusted to conduct market management services,
the market operation
administrators shall not be exempted from the market
management obligation and legal liability that they should bear.
Article 28
(Trade Associations)
The market operation administrators shall be encouraged
to form trade associations of market operation management on a voluntary
basis
to exercise service, self-discipline and coordination for commodity trading
markets.
Chapter IV Floor Traders
Article 29 (Doing Business According to Law)
Floor traders shall do
business according to law, observe the market management systems and uphold the
market order conscientiously.
Article 30 (Showing Certificates while Doing
Business)
Floor traders shall put up at the conspicuous place their business
license, tax registration certificate and operation permits of
all kinds that
should be acquired according to law.
Peasants selling their self-produced
edible farm produce, or persons of non-regular employment organization engaged
in business
activities in the marketplace are not subject to the provisions of
the preceding clause, but they shall hold relevant certificates
and do business
within areas designated by the market operation administrators.
Article 31
(Business Scope)
Floor traders shall conduct business activities according to
the business scope authorized by the administrative department of industry
and
commerce, and shall not surpass the business scope.
Article 32 (Preservation
of Stock-replenishing Vouchers)
When floor traders purchase commodities, they
shall inspect commodity quality and keep the original invoices and vouchers that
can
certify the source of goods, with the exception of peasants selling their
self-produced edible farm produce.
In respect of special sales of brand-name
commodities, the floor traders shall ask the supplier for the authorization
certificate.
Article 33 (Issuance of Purchasing Vouchers)
When floor
traders sell commodities, they shall, according to the relevant State provisions
or commercial conventions, issue uniform
invoices or other purchase vouchers
printed under the supervision of this Municipality' s taxation department to the
commodity
buyers.
Article 34 (Setting up Day-to-Day Accounts of Sales of
Major Commodities)
The floor traders who deal in the following commodities
shall set up day-to-day accounts of purchase and sales:
(1) Soya bean
products, meat, grain and their products, electrical products and other
commodities in close relation to human health
and life safety;
(2) Steel
products, chemical raw materials, non-ferrous metals and other commodities that
fall under the category of major means
of production; and
(3) Commodities
with well-known trademarks or local famous trademarks.
Chapter V Legal Liability
Article 35 (Punishment for Unauthorized Establishment of Markets)
Those
who arbitrarily establish and operate commodity trading markets without
registration shall be dealt with by the administrative
department of industry
and commerce according to relevant provisions of the "Company Law of the People' s
Republic of China" and
the "Regulations of the People' s Republic of China on the
Administration of Company Registration" or the "Regulations of the People'
s
Republic of China on the Administration of Corporation Registration" .
Article
36 (Punishment for Surpassing Business Scope)
The market operation
administrators who surpass business scope shall be punished by the
administrative department of industry and
commerce according to the relevant
provisions of the "Regulations of the People' s Republic of China on the
Administration of Company
Registration" or the "Regulations of the People' s
Republic of China on the Administration of Corporation Registration" .
Article
37 (Liability of Market Operation Administrators for Non-performance of
Management Duties)
The market operation administrators who fail to perform
the following duties of market management shall be ordered by the administrative
department of industry and commerce to correct within the prescribed time limit;
those who refuse to correct shall be given warnings
and may be cumulatively
penalized with a fine of between not less than 1,000 yuan and not more than
5,000 yuan according to the
seriousness of the case:
(1) Failure to draw up
the market management systems; and
(2) Failure to put up a public notice
board at a conspicuous place in the market.
Article 38 (Liability of Market
Operation Administrators for Non-performance of Supervision Duties)
The
market operation administrators who violate the provisions of Article 19, Clause
1 of these Procedures and allow any organization
or individual person that does
not comply with the provisions of Article 30 of these Procedures to do business
in the marketplace
shall be given warning by the administrative department of
industry and commerce, and shall be cumulatively penalized with a fine
of
between not less than 1,000 yuan and not more than 5,000 yuan.
The market
operation administrators who provide the floor traders that conduct illegal
business with sites, storage, warehousing,
transportation and other conditions,
or who shield such traders in the form of connivance or concealment shall be
penalized by
the administrative department of industry and commerce with a fine
of between not less than 5,000 yuan and not more than 10,000
yuan; those with a
serious case shall be penalized with a fine of between not less than 10,000 yuan
and not more than 20,000 yuan.
Article 39 (Legal Liability of Floor
Traders)
The floor traders who fail to perform the obligations provided by
laws, rules and regulations shall be punished by the relevant administrative
supervision department according to the provisions set by laws, rules and
regulations.
Chapter VI Supplementary Provisions
Article 40 (Exception to the Application)
Where there are special
provisions provided by laws, rules and regulations on the administrative
department, layout planning and
establishment requirements and supervision
functions of relevant commodity trading markets, such provisions shall
prevail.
These Procedures shall not apply to the business acts of the leasing
counters of the commercial enterprises
Article 41 (Transition Clause for the
Existing Markets)
This Municipality' s existing commodity trading markets
shall, according to the requirements of these Procedures, make rectification
within one year from the effective date of these Procedures.
Article 42
(Effective Date)
These Procedures shall become effective on January 1,
2003.
|
