Article 2 These Measures shall apply to the charging behavior of intermediary agencies that provide intermediary services and independently practice, pay taxes according to law and bear corresponding legal responsibilities in People's Republic of China (PRC).
These Measures shall not apply to the monopolistic arbitration, certification, inspection and appraisal fees in the name of government functions according to laws and regulations.
Article 3 The term "intermediary institutions" as mentioned in these Measures refers to institutions that provide intermediary services such as notarization, agency and information technology services to clients through professional knowledge and technical services according to law.
(1) Notary intermediaries specifically refer to institutions that provide price evaluation and enterprise credit evaluation services such as land, real estate, goods and intangible assets, as well as arbitration, inspection, appraisal, certification and notarization services.
(2) Agency agencies specifically refer to those agencies that provide lawyers, accountants, adoption services and patent, trademark, enterprise registration, taxation, customs declaration and visa agency services;
(3) Information technology service intermediaries specifically refer to institutions that provide consulting, bidding, auction, job introduction, marriage introduction and advertising design services.
Fourth intermediary fees must meet the following conditions:
(a) approved by the relevant government departments, registered and obtained the legal person qualification certificate;
(two) the relevant laws, regulations and government rules require the relevant government departments or industry associations to implement qualification certification and obtain relevant market access qualifications, in accordance with the provisions;
(3) Handling tax registration according to law and obtaining a tax registration certificate;
(4) Non-enterprise legal persons of unregistered enterprises need to apply to the competent price department for a fee license.
Article 5 Intermediaries shall follow the principles of openness, fairness, honesty and credit, fair competition and voluntary compensation for customers, and provide qualified services in strict accordance with business rules.
In accordance with the provisions of laws, regulations and government rules, no department, unit or individual may designate an intermediary agency to serve the relevant parties in any way.
Sixth intermediary service charges are regulated and guided by the national price policy, and the price is mainly formed by the market.
(a) consulting, auction, job introduction, marriage introduction, advertising design fees and other intermediary services with sufficient market competition conditions to implement market-adjusted prices;
(two) the assessment, agency, certification, bidding service charges and other intermediary service charges are subject to government guidance, the market competition is not sufficient or the two sides of the service can not meet the equal and open service conditions;
(three) the implementation of government pricing for inspection, appraisal, notarization, arbitration and a few other intermediary services with monopoly of industry and technology.
Where laws and regulations provide otherwise, such provisions shall prevail. Article 7 The competent pricing department of the State Council shall be responsible for studying and formulating the principles and policies for the management of intermediary service charges and the principles for checking and approving the charging standards, and formulating and adjusting the charging standards for important intermediary services set by the government or guided by the government.
Other relevant departments in charge of business in the State Council or national trade associations and other social organizations shall, according to their respective responsibilities, assist the competent price department in the State Council to do a good job in the supervision and management of intermediary service charges.
Article 8 The competent price departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for implementing the State's guidelines and policies on the management of intermediary service charges, and formulating the intermediary service charge standards set by the government or guided by the government.
Other relevant business departments below the provincial level or social organizations such as industry associations at the same level shall, according to their respective responsibilities, assist the price departments at the same level in the management of intermediary service charges.
Article 9 The division of authority and scope of application of government pricing and government-guided pricing shall be implemented in accordance with the pricing management catalogue published by the central and provincial price authorities. Intermediary services outside the pricing catalogue are subject to market-regulated prices.
Article 10 For intermediary service charges that are regulated by the market, the competent pricing department of the government shall give guidance on the pricing policy and help intermediary agencies to do a good job in price management. Eleventh intermediary service charges should be based on the average working hours cost of intermediary service personnel, plus legal taxes and reasonable profits, and consider the market supply and demand.
The charging standards of institutions designated by laws, regulations and government rules to undertake specific intermediary services shall be formulated in accordance with the principle of compensating costs and promoting non-profit development.
The charging standard of intermediary service should reflect the qualification level, social reputation and complexity of the service of intermediary institutions, and maintain a reasonable price difference.
Article 12 The charging standards for intermediary services subject to market-regulated prices shall be determined independently by intermediary institutions. When implementing service charges, intermediaries may, according to established standards, agree with clients on specific charging standards.
Thirteenth price departments to formulate or adjust the government-set and government-guided intermediary service charges, should carefully calculate and strictly verify the service costs, fully listen to the opinions of all sectors of society, and promptly announce to the public. Fourteenth at the request of the client, the intermediary agency shall sign an entrustment agreement with the client to implement the charging. The entrustment agreement shall include the entrusted matters, the obligations and responsibilities of both parties, the charging method, the charging amount and the payment time.
Fifteenth intermediary agencies can charge all or part of the intermediary service fee from the client after determining the entrustment relationship, and can also negotiate with the client to collect it by stages in the process of providing services or at one time after completing the entrusted matters.
Article 16 Intermediaries shall publish service procedures or business rules, service items and charging standards in a prominent position in the charging places, clearly mark the prices, consciously accept the supervision of clients and all sectors of society, and shall not engage in price fraud or price discrimination against clients.
Seventeenth intermediary agencies, intermediary industry associations and other social organizations shall not collude with each other, and shall not monopolize or manipulate the service market for any reason to harm the interests of clients.
Eighteenth intermediaries should strictly implement the relevant state regulations and policies on the management of fees, and shall not set up fees, expand the scope of fees and raise the standards of fees in violation of regulations.
Article 19 Intermediaries shall not charge fees lower than the service cost of their own units for the purpose of crowding out competitors or monopolizing the market, and engage in unfair competition.
Article 20 A client may independently choose an intermediary agency to provide services, and an intermediary agency may not force the parties to accept services or charge fees in disguised form. Article 21 If the agent is at fault or requests to terminate the entrustment relationship without justifiable reasons, or if the principal is at fault or requests to terminate the entrustment relationship without justifiable reasons, the refund and compensation of relevant expenses shall be handled in accordance with the provisions of the Contract Law.
Twenty-second fee disputes between intermediaries and clients shall be handled by the local competent business department or industry association. If the parties have any objection to the handling of the competent business department or industry association, they may apply to the local competent price department for coordination. If both parties or one party still has objections to the coordination of administrative organs or trade associations, they may apply for arbitration through agreement or bring a lawsuit to the people's court according to law.
Twenty-third intermediary institutions in violation of the provisions of these measures, one of the following acts, by the price department in accordance with the "price law" and "provisions on administrative penalties for price violations" to be investigated:
(a) do not meet the charging conditions stipulated in these measures, the implementation of fees;
(two) in violation of the authority of charge management, independent charging items and self-determined charging standards;
(three) to raise the charging standard, expand the charging range, increase the charging frequency, and charge beyond the charging time limit;
(four) the implementation of fees in violation of the signed agreement (contract);
(5) Violating the principle of voluntariness, jointly issuing documents or agreements with administrative organs, institutions or trade organizations exercising administrative functions, forcing clients to buy designated products or accept designated services and charging fees in disguised form;
(6) Fees for providing false service results by notary agencies;
(seven) not according to the provisions of the price tag or price fraud, price discrimination against the client;
(8) colluding with each other, monopolizing or manipulating the service market in violation of regulations, and harming the interests of customers;
(nine) engaging in unfair price competition in violation of regulations, and charging fees lower than the service cost of the unit;
(ten) other acts in violation of the provisions of the charges. Article 24 The competent price departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government may, in accordance with these Measures and in light of local conditions, formulate detailed implementation rules.
Article 25 These Measures shall be interpreted by the State Planning Commission.
Article 26 These Measures shall be implemented as of the date of promulgation.
Chapter seven. Understand the collection of agency fees in Shanghai.
1. 1% of the transaction price of the commodity house.
The rental house is 35% of the first month's rent and should be distributed to everyone.
The facade rent is 50% of the first month's rent, and everyone has to pay it.