Issued by:
Date of promulgation: 1998-03-09
Main text:
Measures for the administration of secondhand goods circulation
(Trial)
(1released by the Ministry of Internal Trade and the Ministry of Public Security on March 9, 1998).
Domestic Trade Bank No.6 [1998])
Chapter I General Provisions
Article 1 These Measures are formulated in order to strengthen the management of secondhand goods circulation, maintain the order of secondhand goods circulation, standardize the behavior of secondhand goods trading, cultivate and develop the secondhand goods circulation industry, and protect the legitimate rights and interests of the parties to the transaction.
Article 2 All kinds of secondhand goods markets, enterprises dealing in secondhand goods and individual industrial and commercial households shall abide by these measures.
Article 3 The second-hand goods mentioned in these Measures refer to articles that have entered the fields of production, consumption and daily consumption, are in a state of reserve, use and idleness, and maintain part or all of their original use value.
The term "second-hand market" as mentioned in these Measures refers to a place where buyers and sellers conduct open, regular or irregular second-hand trading activities and have supporting services such as information, evaluation, settlement, processing, renovation, warehousing and transportation.
Article 4 The flea market is divided into national flea market and local flea market according to the business scope.
The national flea market refers to the flea market that attracts investment and operates across provinces (autonomous regions and municipalities directly under the Central Government).
Local flea market refers to the flea market that attracts investment and operates in various provinces (autonomous regions and municipalities directly under the Central Government).
Fifth secondhand goods circulation adhere to the principle of public ownership as the main body and the common development of various ownership economies.
Second-hand goods circulation should be planned as a whole, rationally distributed, developed steadily, initially piloted and gradually opened after gaining experience.
Second-hand goods trading activities should follow the principles of voluntariness, fairness, honesty and credit.
Article 6 The competent department of commodity circulation in the State Council is the competent department of secondhand goods industry.
The competent department of commodity circulation of the local people's governments at or above the county level shall be responsible for the industry management of the secondhand goods industry within their respective administrative areas.
Public security organs at all levels shall implement special industry management for the secondhand goods circulation industry.
Article 7 The second-hand commodity trading association is a legally established social organization as a legal person, a self-regulatory organization of the second-hand commodity industry, and assists the competent commodity circulation departments of the people's governments at all levels in the management of the industry.
Chapter II Establishment, Alteration and Termination
Article 8 The establishment of a secondhand goods enterprise shall meet the following conditions:
(1) Having registered capital to meet business needs;
(2) Having full-time employees and managers commensurate with the scope and scale of business activities;
(3) Having a fixed business place, necessary business facilities and automatic management equipment;
(4) The legal representative has no intentional criminal record;
(5) Having articles of association, trading rules, public security system and management system;
(6) meeting other conditions as prescribed by laws and administrative regulations.
Article 9 The establishment of a second-hand chain store shall meet the basic conditions for chain operation in addition to the conditions stipulated in Article 8 of these Measures.
Second-hand goods chain store refers to a number of shops that operate second-hand goods and use a unified name. Under the management of the same headquarters, they adopt a unified management model or grant concessions to achieve economies of scale.
Article 10 The establishment of a flea market shall meet the following conditions:
(1) Having full-time employees, managers, funds, venues, supporting service facilities and automatic management equipment suitable for the business scale;
(2) Having articles of association, trading rules, public security system and management system;
(3) Conforming to the unified national and local planning and layout;
(4) Meeting other conditions as prescribed by laws and administrative regulations.
Article 11 The establishment of second-hand enterprises and second-hand chain stores operating across provinces, autonomous regions and municipalities directly under the Central Government, and the establishment of branches across provinces, autonomous regions and municipalities directly under the Central Government shall be approved by the competent department of commodity circulation of the provincial people's government where the enterprise headquarters and branches are located, and reported to the competent department of commodity circulation of the State Council for approval.
Article 12 The establishment of second-hand goods enterprises in counties (cities) below provinces, autonomous regions, municipalities directly under the Central Government and cities (prefectures) shall be approved by the commodity circulation departments of the local cities (prefectures) and provincial people's governments according to the different business scope.
Thirteenth the establishment of a national flea market shall be examined and approved by the competent department of commodity circulation of the local provincial people's government (including cities under separate state planning) and reported to the competent department of commodity circulation of the State Council for approval.
Article 14 The establishment of a local flea market shall be approved by the competent department of commodity circulation of the local provincial people's government (including cities under separate state planning) and reported to the competent department of commodity circulation of the State Council for the record.
Fifteenth enterprises directly under the central government to set up a flea market, need to be approved by the competent department of the enterprise, the provincial (including cities under separate state planning) local people's government department in charge of commodity circulation, and the approval of the competent department of commodity circulation in the State Council.
Article 16 To apply for the establishment of a secondhand enterprise, the following materials shall be submitted:
(1) An application report;
(2) Feasibility study report;
(3) Articles of association, trading rules, public security system and management system;
(4) Proof of capital credit, proof of the use of business premises and business facilities;
(5) Names, positions, identity certificates and qualification certificates of the legal representatives and full-time employees.
To apply for approval of the establishment of a second-hand goods chain store, in addition to the materials mentioned in the preceding paragraph, it is also necessary to submit the proof of having multiple stores and the decision of the headquarters to set up wholly-owned and controlled acquisition, processing and renovation centers and stores, or the chain operation contract signed between the headquarters and the stores with equity participation and no assets.
Article 17 To apply for approval of the establishment of a second-hand market, in addition to the materials specified in the first and second paragraphs of Article 16 of these Measures, a valid copy of the business license of the organizer, the composition plan of the market leadership and management organization and the market trading rules shall also be submitted.
Eighteenth commodity circulation departments shall make a written reply within 30 days after receiving the application report and related materials; Issue the second-hand business qualification certificate to the approved second-hand enterprises, and issue the second-hand market approval certificate to the approved second-hand market.
"Second-hand Business Qualification Certificate" and "Second-hand Market Approval Certificate" are uniformly printed by the competent department of commodity circulation in the State Council.
Article 19 For a secondhand enterprise or a secondhand market that has been established upon approval, the applicant shall go through the registration formalities of special trades with the approval documents and certificates at the local public security organ, and go through the registration formalities at the same level with the administrative department for industry and commerce on the strength of the approval procedures of the competent department of commodity circulation and the public security organ, and obtain a business license.
Twentieth second-hand enterprises and their branches shall be registered in accordance with the Regulations on the Registration of Enterprise Legal Persons in People's Republic of China (PRC) and the Regulations on the Registration of Companies in People's Republic of China (PRC). The registration of second-hand chain stores shall be handled in accordance with the provisions of the Notice of the State Administration for Industry and Commerce and the Ministry of Internal Trade on Relevant Issues Concerning the Registration and Management of Chain Stores; The registration of the flea market shall be handled in accordance with the provisions of the Measures for the Administration of Commodity Market Registration of the State Administration for Industry and Commerce.
Article 21 Individual industrial and commercial households dealing in secondhand goods shall go through the registration formalities of special trades directly with the public security organs of the local people's governments at the county level, and go through the registration formalities with the administrative department for industry and commerce at the same level with the approval documents of the public security organs, and obtain a business license.
Article 22 major matters such as changing the name, legal representative, domicile, registered capital and amending the articles of association shall be reported to the original examination and approval authority for approval within 15 days from the date of making the change decision, and the change procedures shall be handled at the public security organ and the administrative department for industry and commerce in accordance with relevant regulations.
Article 23 Where a second-hand enterprise, second-hand chain store or second-hand market is terminated due to closure or bankruptcy, it shall submit a written application to the original examination and approval authority within 30 days from the date when the resolution or decision on termination is made, and after examination and approval, it shall clear up the creditor's rights and debts, and go through the cancellation registration formalities with the public security organ and the administrative department for industry and commerce in accordance with relevant regulations.
Chapter III Scope of Business
Article 24 Second-hand traders may carry out comprehensive or specialized operations according to the classification of second-hand commodities.
Article 25 Second-hand enterprises can conduct business through purchase and sale, agency (consignment, purchasing and selling on a commission basis), leasing, barter, or joint collection and sale of old goods with production and circulation enterprises, and can also carry out processing and repair, restructuring and renovation and secondary packaging of second-hand goods.
Article 26 The second-hand market can attract foreign investment, carry out self-operation, organize private transactions and donations, and provide supporting services such as identification, evaluation, custody, storage, transportation, repair, renovation, packaging, information, consultation and disposal of donated goods on behalf of social welfare institutions.
Article 27 The following articles shall not be used as second-hand articles:
(1) Stolen goods, smuggled goods, goods of unknown origin, collateral or goods suspected of stolen goods or smuggling;
(two) items that are seriously damaged and cannot be repaired;
(3) Other articles whose operation and franchise are explicitly prohibited by laws and administrative regulations.
Twenty-eighth management of national cultural relics supervision items must be examined and approved by the local cultural relics administration department.
Chapter IV Trading Activities
Twenty-ninth second-hand traders and second-hand markets to carry out second-hand trading, processing and renovation and other business activities, should abide by the provisions of national environmental protection laws and administrative regulations.
Article 30 When second-hand goods dealers carry out mobile acquisition business such as fixed-point acquisition on a regular basis and telephone appointment for door-to-door acquisition, their business personnel and entrusted acquisition personnel of second-hand goods enterprises shall receive training, obtain post qualifications and wear uniform signs.
Thirty-first second-hand commodity operators shall inspect the second-hand commodities purchased and entrusted to others for sale or consignment. Record in detail the basic characteristics, source and destination of second-hand goods with a value exceeding 100 yuan.
Article 32 A second-hand goods trader shall register the name of the unit that sells or consigns second-hand goods and the personal identity card entrusted by others; Units and individuals entrusted to deal with secondhand goods should also strictly examine the power of attorney of the entrusting unit and the resident identity card of the entrusting party.
Thirty-third second-hand goods operators who accept entrusted sales or keep second-hand goods on their behalf shall establish a strict system of delivery, storage and payment of goods, clarify relevant responsibilities and avoid disputes.
Article 34 Second-hand traders should carry out necessary cleaning, dust removal and sorting on the old articles and furniture they sell to ensure the cleanliness, hygiene and safety of the articles they sell. Sales of used clothes must be strictly disinfected according to the relevant standards of the health department.
Article 35 When selling old office equipment and old large household appliances (excluding disassembled goods), second-hand traders shall carry out necessary maintenance and issue relevant certificates. The warranty period shall not be less than 3 months.
Thirty-sixth second-hand enterprises engaged in distribution, consignment, agency, leasing and other services and second-hand enterprises engaged in new goods shall separately calculate the turnover and declare and pay taxes.
Article 37 flea markets and flea dealers shall have the obligation to report to the local public security organs in time when they find suspicious persons, suspicious articles, articles and smuggled articles required by the public security organs, and shall not conceal or cover them up.
Thirty-eighth public security organs shall promptly detain stolen goods, smuggled goods or articles suspected of stolen goods and smuggling, and issue receipts. If it is found that it is not stolen goods or smuggled goods, it shall be returned in time; If it is really stolen goods or smuggled goods, it shall be handled in accordance with relevant state regulations.
Thirty-ninth second-hand goods trading should return to the market, and operators must sell second-hand goods in the second-hand goods market or trading places designated by the administrative department for industry and commerce.
Article 40 The second-hand market shall establish and improve its internal management system and operators' files, and its managers shall have the right to supervise the second-hand operators' business behaviors, truthfully record their bad business performance, and warn the operators who violate the regulations according to the relevant articles of association and detailed rules or request the original examination and approval department to cancel their qualifications.
Article 41 A corresponding settlement system shall be established in the second-hand market, and full-time personnel designated by the market shall issue sales payment notes after the second-hand goods are sold. The sales payment ticket shall include the name, quantity, unit price, total payment, supplier, buyer and other items of secondhand goods.
Forty-second secondhand goods need to be replaced according to law after sale, and the relevant administrative departments shall go through the formalities with the purchase invoice.
Chapter V Supervision and Administration
Article 43 Units and individuals that have not obtained the qualification for second-hand goods business, or second-hand goods enterprises and individuals whose qualification for second-hand goods business has been cancelled for less than five years, shall not engage in second-hand goods business.
Article 44 When transporting secondhand goods across provinces, the public security organ shall examine and release them with the unified quasi-transportation certificate and valid bills issued by the competent department of commodity circulation in the State Council and the competent department of commodity circulation in provinces, autonomous regions and municipalities directly under the Central Government.
Forty-fifth second-hand goods outlets shall solicit the opinions of the competent department of commodity circulation of the local people's government at or above the county level. Agree to the demolition, in accordance with the relevant provisions in the conditions of the site to be built.
Article 46 The holding of second-hand goods fairs across provinces, autonomous regions and municipalities directly under the Central Government shall be examined by the competent department of commodity circulation of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government and reported to the competent department of commodity circulation of the State Council for approval; The holding of local secondhand goods fairs must be approved by the provincial department in charge of commodity circulation.
Article 47 The competent department of commodity circulation in the State Council is responsible for the business training, assessment and qualification identification of employees in the secondhand goods industry.
Public security organs conduct public security business training for employees in the secondhand goods industry.
Article 48 The main employees (appraisers and appraisers) in the secondhand goods industry must attend the training. Those who pass the examination will be awarded the qualification certificate of second-hand goods industry and hold relevant certificates.
Article 49 The competent department of commodity circulation and the public security organ shall conduct annual inspection on the second-hand enterprises, second-hand markets and second-hand operators approved by them (specific annual inspection measures shall be formulated separately).
Fiftieth in any of the following circumstances, it shall be deemed as unqualified in the annual inspection:
(1) Failing to carry out business activities within 6 months after obtaining the approval certificate of the flea market or the qualification certificate of flea business;
(two) the second-hand market and second-hand enterprises set up branches without authorization in violation of the provisions of Article eleventh of these measures;
(three) in violation of the relevant provisions of article twenty-second of these measures, the change procedures are not handled in time;
(four) failing to declare the annual inspection materials in time according to the regulations;
(five) in violation of the provisions of article twenty-seventh;
(6) The second-hand commodity market is in disorder and the trading behavior is seriously out of control.
Fifty-first unqualified, by the public security organs, the competent department of commodity circulation to be informed criticism, and a three-month deadline for rectification. If it is still unqualified at maturity, the competent department of commodity circulation shall cancel its qualification for second-hand goods business.
Chapter VI Legal Liability
Fifty-second in violation of the provisions of article thirty-first, article thirty-second, article thirty-seventh, investigated and dealt with by the public security organs according to law. The directly responsible person in charge and other directly responsible personnel shall be fined from 200 yuan to 500 yuan, and the business unit shall be fined from 3000 yuan to 0/0000 yuan; If a crime is constituted, criminal responsibility shall be investigated according to law.
Fifty-third in violation of the provisions of article twenty-eighth, article thirty-fourth, article thirty-fifth, article thirty-sixth and article thirty-ninth, investigated and dealt with by the relevant departments according to law.
Fifty-fourth second-hand traders and second-hand markets that do not meet the conditions stipulated in these Measures shall be rectified within 3 months from the date of promulgation of these Measures to meet the conditions stipulated in these Measures; Failing to meet the requirements of these measures within the time limit, the competent department of commodity circulation and the public security organ shall jointly investigate and deal with it with relevant departments, and suggest that the administrative department for industry and commerce revoke its business license.
Chapter VII Supplementary Provisions
Article 55 The administrative department in charge of commodity circulation in the State Council shall be responsible for the interpretation of these Measures.
Article 56 These Measures shall come into force as of the date of promulgation.