Measures for the Administration of Intermediaries in Guizhou Province

Chapter I General Provisions Article 1 In order to standardize the order of intermediary market, safeguard the legitimate rights and interests of the parties involved in intermediary activities and promote the healthy development of intermediary service industry, these Measures are formulated in accordance with relevant laws and regulations and combined with the actual situation of this province. Article 2 These Measures shall apply to the supervision and management of intermediary institutions and their activities within the administrative area of this province. Article 3 The term "intermediary institutions" as mentioned in these Measures refers to the following legal persons or other organizations that are established according to law, accept entrustment and provide authentication, agency and information services for compensation:

(a) institutions that provide authentication services such as identification, auditing, evaluation, testing, inspection, notarization and certification;

(2) Institutions that provide agency services such as legal affairs agency, bidding agency, industrial and commercial registration agency, patent agency, trademark agency, tax agency, insurance agency, private entry and exit agency, performing arts agency, financial management, supervision, auction, advertising, brokerage, etc. ;

Institutions providing information services such as matchmaking, information, consultation, human resources, credit, technology, finance and archives;

(4) Comprehensive institutions or other institutions that provide one or more of the services mentioned in (1), (2) and (3).

The term "intermediary activities" as mentioned in these Measures refers to the activities in which an intermediary agency accepts the entrustment and provides services such as authentication, agency and information to the client with compensation by using specialized knowledge, skills or information. Article 4 The management of intermediary institutions shall follow the principle of combining government norms and guidance, supervision and management by administrative departments and industry departments, and industry self-discipline. Chapter II Intermediary Institutions and Their Activities Article 5 Intermediary institutions shall be established according to law, with a fixed place and corresponding staff suitable for their business.

Where laws and regulations require qualifications, qualifications or other licensing conditions for the establishment of intermediary institutions, they shall be handled in accordance with the provisions of laws and regulations. Article 6 Practitioners of intermediary institutions shall have the knowledge, skills and professional ethics suitable for their intermediary activities.

Where laws and regulations stipulate the implementation of qualification system, employees shall obtain corresponding qualifications. Article 7 Intermediary institutions engaged in intermediary activities shall abide by the provisions of laws and regulations, respect social morality, and follow the principle of good faith, and shall not harm the national interests, social public interests, the interests of clients or the legitimate rights and interests of others. Article 8 Intermediaries shall not employ civil servants to hold posts or practice.

The following civil servants who have resigned or retired directly related to their original jobs shall not be employed:

Civil servants who used to be leading members left their posts within three years;

(2) Other civil servants leave their posts within two years.

Where laws and regulations provide otherwise for intermediary agencies to employ intermediary employees, such provisions shall prevail. Article 9 An intermediary institution shall publicize the following information in its service place:

(1) Business license, practice license or other practice certification documents;

(2) The name, photos and relevant certificates or certificate numbers of the employees;

(3) charging items, standards and basis;

(4) The telephone number and address of the supervisory complaint institution;

(5) Other matters required by laws and regulations. Article 10 Intermediaries shall not solicit business by the following acts of unfair competition:

(a) express or implied can help the client to achieve improper purposes;

(two) express or implied by improper means can help the client achieve the purpose;

(3) making exaggerated or false promises to customers about the service results;

(four) other acts of unfair competition as prescribed by laws and regulations. Eleventh intermediaries shall not accept and handle the following matters in their business activities:

(a) to help the client achieve improper purposes;

(2) Using improper methods or means;

(3) Damaging national interests, social public interests or the legitimate rights and interests of others;

(four) hinder the state organs and organizations that have the function of managing public affairs according to law to exercise their functions and powers according to law;

(five) with deception, fraud;

(6) Violating laws, regulations or public order and good customs. Article 12 An intermediary institution shall not accept the entrustment of two or more parties with conflicts of interest and provide agency services at the same time, except as otherwise provided by laws and regulations.

When an intermediary agency accepts the entrustment of two or more parties with conflicts of interest to provide authentication or information services, it shall express the entrustment to the entrusting party. Thirteenth intermediary agencies to provide intermediary services, laws, administrative regulations or the parties agreed to conclude an intermediary service contract in writing, it should be in writing. Article 14 An intermediary service contract mainly includes the following contents:

(1) the name of the party concerned;

(two) the name, content, requirements and authorization authority of the intermediary service project;

(3) Term of performance of the contract;

(four) the standard, amount or calculation method, payment method and time limit of the service fee;

(5) Liability for breach of contract and dispute settlement methods;

(six) other contents that the parties think need to be agreed. Article 15 An intermediary agency shall collect fees from its clients in accordance with the published charging items and standards or the agreement in the intermediary service contract.

For intermediary services with government pricing or government guidance price, the intermediary institution shall implement the relevant provisions of government pricing or government guidance price.