Chapter 1 General Provisions
Article 1 is to regulate the construction, establishment, operation and management activities of commodity trading markets, maintain the order of commodity trading markets, and clarify market operators and on-site operators. These regulations are formulated in accordance with the "Guangdong Provincial Commodity Trading Market Management Regulations" and other relevant laws and regulations, and in light of the actual situation of this city.
Article 2 The commodity trading market (hereinafter referred to as the market) as mentioned in these regulations refers to a fixed venue and facilities provided by the market operator for operation and management, and a number of operators gather in the market in their own name. A place that independently engages in trading activities of goods (including means of production, means of living and profit-making services).
The term "market operators" as mentioned in these regulations refers to corporate legal persons, individual industrial and commercial households and other economic organizations that independently engage in commodity trading activities in their own names in the market.
Article 3 These regulations shall apply to the construction, establishment, operation and management of markets within the administrative region of this city, as well as related administrative supervision and management activities.
Article 4 Market commodity trading activities shall follow the principles of voluntariness, equality, fairness, good faith and business ethics.
Market management activities should follow the principles of legality, openness, fairness and impartiality.
Article 5 People’s governments at all levels are responsible for the supervision and management of the market within their jurisdiction, and organize and coordinate the relevant administrative departments at the same level to perform their duties in accordance with the law.
The municipal economic and trade department is responsible for organizing the preparation of the city's market development plan and layout plan, and guiding market construction; the industrial and commercial department is responsible for the registration of the market and the supervision and management of business activities; the public security department is responsible for the supervision and management of market security and fire protection ; The health department is responsible for the health licensing and supervision and management of on-site food operators; the city appearance and sanitation department is responsible for the supervision and management of market environmental sanitation; the urban management comprehensive law enforcement agency is responsible for investigating and punishing illegal construction and illegal road occupation of the market.
Other relevant administrative departments shall, in accordance with their respective responsibilities, supervise and manage the market and on-site business activities in accordance with the law.
Article 6: The Municipal People's Government shall formulate corresponding policies to support important markets related to the economic and social development of this city.
Encourage the market to develop e-commerce, logistics and distribution and other circulation formats, and improve the level of market organization.
Article 7 Market operators and venue operators may establish or join industry associations in accordance with the law to conduct industry self-discipline management.
Chapter 2 Market Opening
Article 8 The municipal economic and trade department, under the guidance of the market development plan, shall work with the development and reform, planning, land and other departments to prepare the city’s market layout plan. It will be announced and implemented after approval by the Municipal People's Government.
If the professional market needs to prepare a special layout plan, it shall be prepared by the relevant municipal industry authorities in conjunction with the planning, economic and trade departments, and shall be announced and implemented after approval by the Municipal People's Government. The professional market layout plan shall comply with the market layout plan specified in the preceding paragraph.
If this city’s industrial policy is adjusted, the market development plan and layout plan may be adjusted in accordance with the law.
Article 9 The municipal economic and trade department shall work with relevant functional departments of planning, construction, industry and commerce, public security and fire protection, health, environmental protection, sanitation and other market supervision to formulate construction specifications for various markets, and upon approval by the Municipal People’s Government Announce implementation.
Article 10 The location of the market shall comply with the market layout plan, the overall land use plan and the commercial land policy. If the professional market layout plan has been announced and implemented, the location selection of the professional market should also comply with the professional market layout plan.
The construction of the market shall comply with urban planning, and the construction and equipment of its venues and facilities shall comply with the market construction specifications formulated and published by this city.
Markets that have been opened before the implementation of these regulations shall be upgraded accordingly in accordance with the requirements of economic and social development and in accordance with the city's market construction regulations.
Article 11 Those who apply to open a market shall apply for name approval and registration to the industrial and commercial administrative department at or above the county level where the market is located, and submit the following materials:
(1) Registration application form ;
(2) The market name applied for and the applicant’s qualification certificate;
(3) Relevant materials for market location selection;
(4) ) Feasibility study report for market opening;
(5) Scale, business scope, investment budget and fund proof of the market opening;
(6) Joint establishment agreement for jointly opening the market ;
(7) Real estate rights certificate, registered lease contract or other site use certification documents;
(8) Construction project planning acceptance certification materials;
(9) Certification materials for fire protection acceptance of construction projects;
(10) Environmental impact assessment and approval documents;
(11) Other documents stipulated by laws and regulations.
Applicants for large markets with a construction area of ??more than 10,000 square meters should also provide comprehensive hearing opinions issued by the economic and trade department.
Article 12 The industrial and commercial administrative department shall examine the market name approval application in accordance with the law and make a decision to approve or disapprove the name registration within fifteen days after receiving the application. If registration is refused, the reasons shall be stated in writing.
The industrial and commercial administrative department shall review whether the market location is consistent with the market layout plan. If the market layout plan has not yet been announced and implemented, for markets with a construction area of ??more than 10,000 square meters, the economic and trade department's opinions should be sought on whether the market location complies with the market plan. The economic and trade department shall reply to its opinions within seven days. If it fails to reply within the time limit, it will be deemed that it has no opinion on the market location selection.
The specifications for the use of market names shall be implemented with reference to the regulations on enterprise name registration and management.
Article 13 Market names that have not been approved and registered shall not be used.
The market shall not invite investment or leasing without name approval and registration.
Article 14 Before the market opens, the market operator shall apply for market registration to the industrial and commercial administration department at or above the county level where the market is located.
To apply for market registration, the following materials should be submitted:
(1) Registration application form;
(2) Name approval certificate;
(3) Construction project fire protection acceptance certificate materials;
(4) Market internal layout materials;
(5) Related materials of the market service management agency and its person in charge;
(6) Other materials specified by laws and regulations.
Article 15: The industrial and commercial administrative department shall examine the market registration application in accordance with the law and shall make a decision to approve or disapprove the registration within thirty days from the date of acceptance. If the materials are complete and the market construction complies with paragraph 2 of Article 10 of these regulations, registration will be granted and a "Market Registration Certificate" will be issued. If registration is refused, the reasons shall be stated in writing.
Markets that have not obtained a "Market Registration Certificate" are not allowed to open. If laws and administrative regulations stipulate that other administrative licenses must be obtained before opening a business, the market operator shall handle it in accordance with the law.
Article 16 The industrial and commercial administrative department shall disclose relevant information of the market that has obtained the "Market Registration Certificate" in accordance with the law for public inspection.
Article 17 The "Market Registration Certificate" may not be forged, altered, rented, lent or transferred.
Article 18 If the "Market Registration Certificate" expires and needs to be renewed, the market operator shall apply to the original registration authority for renewal thirty days before the expiration of the validity period. The original registration authority shall make a decision on whether to renew before the expiration of the validity period. If the renewal is approved, the "Market Registration Certificate" will be renewed.
Article 19 If the market operator, market name, area, business scope, market type, manager of the management agency and other matters change, the market operator shall go to the original registration authority to handle the changes thirty days in advance. Registration procedures. If a market changes its business location, it must go through the market registration procedures again.
Article 20 If the market has any of the following circumstances, the market registration authority shall cancel the "Market Registration Certificate" in accordance with the law:
(1) The market operator applies for cancellation;
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(2) The market operator terminates in accordance with the law;
(3) The validity period of the "Market Registration Certificate" expires and is not renewed;
(4) The market is closed, Cancellation and other cessation of operations;
(5) The market cannot continue to operate due to force majeure and other reasons;
(6) Other circumstances that require cancellation according to law.
Chapter 3 Market Operators
Article 21: The market operator shall sign a written admission operation contract with the admission operator to provide for the market’s environmental sanitation, environmental protection, Specific agreements are made on matters such as fire safety, product quality and safety responsibilities, intellectual property protection, consumer dispute resolution channels, on-site operators’ liability for illegal operations, and contract termination conditions.
The administrative department for industry and commerce may formulate and recommend a model text of an admission operation contract for reference by market operators and venue operators.
Article 22 Market operators shall maintain the business facilities and fire protection, environmental sanitation, environmental protection, security and other facilities in the market, ensure that relevant facilities are in good condition, and eliminate various safety hazards in a timely manner.
Article 23 Market operators shall formulate management systems for market environmental sanitation, environmental protection, fire safety, public security, public safety, consumer rights protection, food safety, and important commodity registration, etc. And regularly inspect the implementation status, and take necessary measures in a timely manner based on the inspection results.
Article 24 The market operator shall hang the market registration certificate, business license, tax registration certificate and various business licenses in the market office; the market service management agency shall be announced in a prominent position in the market Name, division of responsibilities of management personnel, market management system, and address and telephone number of the complaint agency.
Article 25 The internal layout of the market shall be consistent with the market layout design submitted when applying for market registration. If the market operator needs to make changes, he shall submit a new layout to the market registration authority within fifteen days after the change. Layout design drawing.
Market operators should promptly stop market operators from occupying lanes in the market.
Article 26 Market operators shall provide consumers with necessary re-inspection measuring instruments.
Market operators should register the measuring instruments that are subject to compulsory verification used in the market and file them with the local quality and technical supervision department; they should urge operators on the market to carry out routine maintenance of the measuring instruments used, and Organize on-site operators to apply for periodic verification from the statutory metrology verification agency.
Article 27 Market operators should urge on-site operators to operate in accordance with the law, abide by relevant laws, regulations and market management systems, and advocate honest operations and civilized business operations.
Market operators should establish a reputation file for on-site operators, record the punishment or commendation received by on-site operators during their business activities, and publish it regularly in the market.
Market operators and venue operators should do a good job in statistical work and provide statistical data in accordance with the law.
Article 28 If a market operator discovers that an operator on the market has engaged in illegal business operations, it shall promptly stop and urge corrections, and report to the relevant administrative supervision and management department.
Market operators shall not provide business premises, storage, warehousing, transportation and other conditions for unlicensed business operations and illegal activities such as selling counterfeit and shoddy goods.
Article 29 Market operators shall actively assist administrative departments in investigating and handling illegal activities in the market, shall not conceal the true situation or tip off the parties, and shall not use various excuses to refuse or obstruct administrative agencies. law enforcement.
The administrative department shall promptly notify the market operator of the results of the investigation and punishment of illegal activities by on-site operators.
Article 30: Market operators shall set up complaint acceptance points within the market to accept consumer complaints, conduct mediation, and assist relevant departments in handling transaction disputes.
Article 31: If a market closes or terminates operations, the market operator shall notify the venue operators 30 days in advance. If the contract stipulates otherwise, such stipulations shall prevail; for a market focusing on retail, the market operator shall notify the market operators 30 days in advance. Post a notice at the market entrance thirty days in advance.
Chapter 4 On-site Operators
Article 32 On-site operators shall operate with integrity and lawfully, compete fairly, abide by the market management system, and consciously maintain market order.
On-site operators shall not sell goods prohibited by laws, regulations and rules, and shall not engage in activities prohibited by laws, regulations and rules.
Article 33 On-site operators shall operate with licenses and hang business licenses, tax registration certificates and other licenses in conspicuous places on their business premises.
Farmers who sell self-produced agricultural products in the market shall operate within the special area designated by the market operator.
Article 34: On-site operators shall establish a commodity purchase inspection system and obtain quality certificates for commodities; when purchasing and selling commodities that require a license, they shall obtain a valid inspection certificate from the supplier. production license, health license and other supporting documents.
If on-site operators purchase and sell goods without quality certificates, they shall inspect and test the goods and bear responsibility for the quality of the goods.
Article 35: On-site operators that deal in important commodities involving personal and property safety, state exclusive control, etc. shall establish a purchasing and sales ledger system.
The specific catalog of important commodities shall be formulated by the municipal economic and trade administrative department in conjunction with relevant administrative departments, and shall be approved and published by the Municipal People's Government. The Municipal People's Government may temporarily determine important commodities based on public interest needs such as disaster relief and epidemic prevention.
Article 36 On-site operators shall abide by laws, regulations and rules on the protection of trademark rights, patent rights, copyrights and other intellectual property rights. The purchase of goods marked with registered trademarks, patent numbers or patent or copyright marks shall be inspected and a filing system shall be established. Products that impersonate or counterfeit the intellectual property rights of others are not allowed to be sold, displayed, or promoted.
On-site operators are not allowed to engage in business activities in the form of special dealers, general agents, general distributors, or exclusive sales without authorization.
Article 37: On-site operators have the right to put forward suggestions for improvement to market operators regarding issues related to on-site management order and potential safety hazards, and may report to the relevant administrative departments.
Article 38: Venue operators shall enjoy the following rights:
(1) Submit applications for opening, changing, suspending, and closing operations;
(2) Have the right to use the approved market name as agreed with the market operator;
(3) Operate independently in accordance with the law within the approved business method and business scope;
(4) Refusal Charges and various forms of assessments that have not been approved in accordance with the law;
(5) Other rights granted by laws and regulations.
Chapter 5 Market Supervision and Management
Article 39: The relevant departments of market supervision and management shall, in accordance with the requirements of government affairs disclosure, disclose the laws, regulations, rules and norms of market supervision and management. documents and provide convenience for public inspection.
Article 40: The industrial and commercial administrative department shall establish a market management information network to record information related to market management and the integrity of market operators and market operators, etc., for public inquiry. Relevant administrative departments, market operators, and venue operators should assist in providing relevant information.
Article 41: Market registration certificates shall be subject to an annual inspection system. Market operators shall submit the annual inspection report and relevant materials to the original registration authority from March 15 to June 30 of each year, and apply for the inspection of the previous year.
The annual inspection report submitted by the market operator shall include the operating activities of the market in that year, changes in market registration matters and other administrative licensing matters, and the punishment and rewards of the operator and on-site operating households. , complaints and dispute handling, etc.
Article 42: After receiving the annual inspection report, the market registration authority shall make a decision on passing or failing the annual inspection within 20 days based on the daily supervision records, on-site inspections, etc. of the year.
Article 43 If the market has the following circumstances, the annual inspection of the "Market Registration Certificate" will be unqualified:
(1) Failure to meet market construction specifications or upgrading and transformation requirements;
(2) Failure to carry out business activities in accordance with the approved registration matters;
(3) Market registration matters and other administrative licensing matters have changed, and the market operator has failed to handle changes in accordance with regulations Registration procedures;
(4) Market operators fail to perform their market management responsibilities in accordance with these regulations, causing market disorder;
(5) Market operators fail to comply with these regulations It stipulates the performance of supervisory responsibilities for the legal operations of operators on the market. The same operator in the market has been investigated and punished by law enforcement agencies more than three times for the same type of illegal conduct, or the illegal business conduct in the market is serious and has been listed as a key market for rectification by relevant departments.
Article 44: Administrative departments such as industry and commerce, public security, fire protection, health, city appearance and sanitation, etc. shall establish inspection, spot inspection, regular inspection and other systems to supervise and manage the commodity trading market in accordance with their respective responsibilities.
When performing market supervision and management responsibilities, the administrative department discovers illegal acts that should be investigated and dealt with by other departments, and shall promptly notify the relevant administrative department.
Article 45: Industry and commerce, public security and fire protection, food and drug supervision, quality and technical supervision, agriculture, health and other market supervision and management departments shall publish their department’s complaint reporting hotline, contact information and other information in the market.
After receiving reports or complaints, the administrative department shall keep records, promptly investigate and deal with them, and respond to the complainant. Complaints and reports that do not fall within the responsibilities of this department shall be accepted first and transferred to the relevant departments for processing, and the complainant shall be notified at the same time.
Article 46 If the industrial and commercial administrative department discovers that a market or venue operator has not obtained other administrative licenses in accordance with the law, it shall transfer it to the relevant administrative department to take the lead in handling the matter.
If relevant administrative licensing matters for market business activities are changed, invalidated, withdrawn, canceled, etc., the relevant administrative department shall notify the industrial and commercial administrative department within thirty days.
Article 47: Administrative departments such as industry and commerce, food and drug supervision, agriculture, and health shall establish random inspection and testing systems for the quality of market commodities, and promptly discover and investigate violations of commodity quality.
The administrative department’s principles, methods and procedures for spot checks and testing of commodities should be applied fairly to all on-site operators. The results of commodity spot checks and testing should be summarized and analyzed in a timely manner and announced to the public in accordance with regulations.
Article 48 Administrative law enforcement personnel shall investigate and deal with market violations in accordance with legal procedures. When performing inspection tasks, certificates must be produced in accordance with the law. The person being inspected has the right to refuse inspection if the certificate is not produced.
Chapter 6 Legal Responsibilities
Article 49 If a market operator commits the following circumstances, the relevant functional departments shall punish it in accordance with the law:
(1) Violation Article 13 of these regulations stipulates that whoever uses an unapproved market name to conduct business activities such as investment promotion, leasing, advertising, etc., shall be ordered to make corrections by the industrial and commercial administration department, the illegal gains shall be confiscated, and a fine of not less than 5,000 yuan but not more than 20,000 yuan shall be imposed. .
(2) If a market, in violation of the second paragraph of Article 15 of these Regulations, opens without authorization without obtaining a "Market Registration Certificate", the industrial and commercial administrative department shall order it to make corrections and apply for market registration within a time limit; if the market is not registered within the time limit, it shall not If handled, the illegal gains will be confiscated, a fine of not less than 10,000 yuan but not more than 50,000 yuan will be imposed, and the operation will be banned in accordance with the "Measures for the Investigation, Punishment and Banning of Unlicensed Business Operations". Any unauthorized opening of business that violates other laws and regulations will be dealt with by the relevant administrative departments in accordance with the law.
(3) Anyone who violates Article 17 of these Regulations by altering, renting, lending or transferring the "Market Registration Certificate" shall have the illegal gains confiscated by the industrial and commercial administration department and impose a fine of not more than 5,000 yuan.
(4) Anyone who violates Article 19 of these Provisions and fails to handle change registration as required shall be ordered by the industrial and commercial administration department to handle the change within a time limit. If a new application is not made within the time limit, a fine of not less than RMB 1,000 but not more than RMB 20,000 shall be imposed. fine.
(5) If a market operator violates Article 23 of these Regulations and fails to establish and implement a market management system in accordance with the regulations, the industrial and commercial administrative department shall order it to make corrections within a time limit. If the circumstances are serious and cause chaos in market management, a fine of not less than 5,000 yuan but not more than 20,000 yuan will be imposed.
(6) If a market operator violates the provisions of Article 25 of these regulations by setting up stalls at will, the industrial and commercial administrative department shall impose a fine of not less than 1,000 yuan but not more than 10,000 yuan. If the circumstances are serious, Ordered to suspend operations for rectification.
(7) In violation of paragraph 2 of Article 28 of these regulations, the market operator knows or should know that the operators on the market are operating without a license and selling counterfeit and shoddy goods and provide business premises for them or transportation, storage, warehousing and other conditions, the industrial and commercial administrative department shall impose penalties in accordance with the "Measures for the Investigation, Punishment and Banning of Unlicensed Operations" and the "Guangdong Provincial Regulations on the Investigation and Punishment of Illegal Acts in the Production and Sales of Counterfeit and Shoddy Commodities".
(8) Anyone who violates Article 41 of these Regulations and fails to apply for annual inspection within the prescribed time shall be re-applied by the industrial and commercial administration department within a time limit. If the re-apply is not made within the time limit, a fine of not less than 1,000 yuan but not more than 20,000 yuan shall be imposed. The following fines will be imposed, and if the annual inspection is not carried out for more than one year, the market registration certificate will be revoked. If the market fails to pass the annual inspection, the industrial and commercial administrative department shall order it to make rectifications within a time limit; if it still fails to make rectifications within a time limit, the market registration certificate shall be revoked.
Article 50 If an on-site operator commits the following circumstances, he or she shall be punished by the relevant functional management department in accordance with the law:
(1) Violation of the provisions of Article 34, Paragraph 1 of these Regulations , if an on-site operator fails to implement the purchase inspection system in accordance with regulations, the industrial and commercial administrative department shall order it to make corrections and impose a fine of not more than 1,000 yuan.
(2) If an on-site operator violates the provisions of Article 35, Paragraph 1 of these Regulations and fails to implement an important commodity purchase and sales ledger system in accordance with the regulations, the industrial and commercial administrative department shall order it to make corrections and A fine of not more than one thousand yuan shall be imposed; if serious consequences are caused, a fine of not less than one thousand yuan but not more than five thousand yuan shall be imposed.
Article 51 If a market operator or venue operator refuses or obstructs administrative law enforcement personnel from performing their duties in accordance with the law or commits other violations of public security management, they shall be punished in accordance with the "Public Security Management of the People's Republic of China and the State" shall be punished in accordance with the provisions of the Law; if a crime is constituted, criminal liability shall be investigated in accordance with the law.
Article 52 If the relevant administrative departments and their staff fail to perform their management duties, abuse their powers, neglect their duties, engage in malpractice for personal gain, embezzlement and bribery, or other disciplinary and illegal acts, they shall be investigated by the administrative supervision agency or other competent authorities. The agency shall, in accordance with the management authority, impose administrative sanctions on the directly responsible person in charge or other responsible personnel in accordance with the law; if a crime is constituted, criminal liability shall be pursued in accordance with the law.