深圳经济特区商品市场条例
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深圳市人大常委会公告第79号 Chapter Ⅰ General Provisions Article 1 In order to maintain the business order of the commodity market in Shenzhen Special Economic Zone (hereinafter referred to as “Special Zone”), strengthen the supervision and administration to the commodity market, and promote the development of the commodity market, these regulations are formulated in accordance with the basic principles of relevant laws and regulations and the actual circumstances of Special Zone. Article 2 “Commodity market” (hereinafter referred to as “market”) in these regulations refers to the fixed place which has been registered and where more than 20 operators engage in the trade of comprehensive or specialized production materials and consumer goods including wholesale and retail independently and centralizedly. “Initiator of the market” in these regulations refers to the enterprise or other organizations investing to build or rebuild the market. “Market service and management institution” in these regulations refers to the organization set up by the market initiator or established through forms of public bidding, entrustment and authorization, which operates and manages the market concretely and provide services for the market operators. “Operator” in these regulations refers to the individual, enterprise and other organization undertaking commodity business or providing services in the market. Article 3 Any one, who plans, builds, rebuilds, or supervises and manages the market in Special Zone as well as undertakes commodity business or provides services in the market, shall observe these regulations. If there are special provisions in laws or regulations, these provisions shall also be observed. Article 4 The lawful rights and interests of the market initiators, market service and management institutions, operators and consumers are protected by laws and regulations. Article 5 The administrative department of industry and commerce of Shenzhen Municipality (hereinafter referred to as the competent department) is the department for registration, supervision and administration of the market, and shall perform the following functions and duties according to law: (1) to enact the corresponding administrative system and to implement the laws, regulations and rules relevant to the market administration; (2) to conduct the market’s registration and its modification, cancellation and annual examination; (3) to exercise the supervision and administration to the market initiator or the market service and management institution; (4) to issue the Business License; (5) to set up the administrative system of the market registration files and the system of market statistic; (6) to protect the lawful operation, investigate and deal with the malfeasances, and accept the consumers’ complains; (7) other functions and duties provided by laws, regulations and rules. Relevant administrative departments for public security, tax, price, technical supervision, urban management, land planning, construction, culture, health and so on shall exercise supervision and administration to the market according to laws and within their respective functions and duties. Chapter Ⅱ Planning and Construction of the Market Article 6 The municipal and district people’s governments shall create developing conditions for the market and positively give support to the market of consumer goods nearly related to the city dwellers’ living; The administrative department of commodity circulation at the same level shall assist relevant departments to perfect the work of market planning and construction. Article 7 The establishment of the market shall accord with the city planning, and shall not block the traffic, damage the city appearance and environment, encroach or damage the public utilities. Without the approval of the municipal government, any one shall not build the market at both sides of the traffic arteries or at the ambient areas of the state agencies, schools and so on. No unit or individual, without passing through the legal procedures, may divert the land for market, construction and facilities that have been brought into the city planning to other use. Article 8 The markets invested and built by the government shall be operated by relevant operating institutions of state-owned assets. If there are special provisions in laws or regulations, these provisions shall be observed. Chapter Ⅲ Registration of the Market Article 9 An enterprise or other organization that initiates the market shall apply to the competent department for market’s registration. If the market is established jointly, all joint parties shall conclude the written contract and apply for registration jointly. The fee for market’s registration shall be collected according to the standard checked and fixed by the administrative department for price. Article 10 The items of market’s registration include: name of the market, address and person in charge of the market, initiating unit, business scope, trade ways of the commodities and the business period. The name of the market shall be controlled by the system of pre-approval, and the concrete measures thereof shall abide by State administrative provisions concerning the registration of enterprise’ name. The market, which is not registered by the competent department, shall not be opened, and the trade activities in any form shall not be organized in such market. Article 11 Application of market registration shall meet the following requirements: (1) to accord with the urban planning; (2) to have corresponding place and facilities of business; (3) to have necessary conditions of traffic, fire control and environmental sanitation; (4) the commodities for trade is in conformity with relevant provisions of the State; (5) other requirements provided in laws and regulations. Article 12 When applying for the market’s registration, the following documents shall be provided: (1) the application for establishment of the market; (2) the Business License of Legal Person or the documents approving the establishment of other organization; (3) the written opinion of fire inspection to the market facilities; (4) the certification of the right to use the market place; (5) the certification for holding a post and identity of the person in charge of the market service and management institution; (6) the written contract jointly concluded by the joint parties; (7) other documents that shall be presented according to the provisions of laws, regulations or rules. Article 13 The competent department shall make a reply within 30 days from the date on which the materials of applying for market registration are accepted. For the market that is granted the registration, the competent department shall issue the Market Registration; For the market that is not granted the registration, the competent department shall inform the applicant in writing and state reasons. Article 14 The Market Registration is the credence to initiate the market. The Market Registration shall not be forged, leased, lent or transferred. No unit or individual may withhold, deface the Market Registration except that the competent department may withhold it according to law. Article 15 If an item of the market’s registration changes, the initiator of the market shall apply to the original registration department for alteration or cancellation within 30 days from the date on which the change decision is made. Article 16 The registered market shall be examined annually. The initiator of the market shall refer the written report for annual examination on time, and the administrative department of registration shall examine the items of market’s registration. The time for annual examination is from January 1 to March 31 every year. Chapter Ⅳ Obligations of the Market Initiator and the Market Service and Management Institution Article 17 The competent department may set up administrative organization or accredit working personnel, and the technical supervision department may accredit full time or part-time working personnel to the market. The initiator of the market shall provide convenience for them. Relevant fees shall be born by the respective administrative department. Article 18 The initiator of the market shall set up the Market Service and Management Institution, or establish it through public bidding, entrustment, authorization or other forms before the market is opened, and inform the competent department of the Market Service and Management Institution. The Market Service and Management Institution shall hold the Business License. Article 19 The initiator of the market or the Market Service and Management Institution shall conclude the written contract with the operators in the market to agree on the rights and obligations of both parties as well as the liability for breach of contract. Both parties may agree on the rent in the contract according to the principle of market adjustment. The competent department may lay down the standard contract for lease of the market stall for the parties to consult or use. Article 20 The Market Service and Management Institution shall performs the following obligations: (1) to be responsible for the construction, maintenance, renewal and reformation of the market’s operating facilities (including the facilities of security, fire control, etc), and to set up the remarkable market’s name plate and classify the market; (2) to set up and implement the systems of public security, fire control, birth control, environmental sanitation, protection of the consumers’ rights and interests, etc; (3) to maintain the market order, and to report in time the found malfeasance to relevant administrative departments to deal with; (4) to file all kinds of statistical reports to the relevant administrative departments according to law; (5) to pay taxes according to law; (6) to carry out relevant legal propaganda, and to direct the operators to operate the business with civility. Article 21 The Market Service and Management Institution shall publicize the following matters: (1) the name, Business License and the place of registration of the service and management institution; (2) the name and position of the persons in charge of the service and management institution; (3) the management system of the market; (4) the items and standards of charging; (5) the number of the stalls in the market. Article 22 The working personnel of the Market Service and Management Institution shall wear the unified label or employee’s card, manage with civility and serve courteously. The Market Service and Management Institution shall not ask for money and valuable things from the operators, shall not arbitrarily set up stalls in or outside of the market to disguisedly enlarge the market’s demarcation. Chapter Ⅴ Obligations of the Market Operators Article 23 The market operators shall hold the Business License issued by the competent department. The operators shall hang up the Business License at the remarkable position of the business place; For the operation with permission, the operator shall hung up the corresponding permit accordingly. The employee shall wear the business card. The operator shall not transfer, lease, lend, forge or alter the Business License and Permit, and shall not arbitrarily change the checked and fixed business scope and place. Article 24 The operators shall operate according to the industry delimited by the Market Service and Management Institution, and shall not set up the business spot beyond the line for sale. Article 25 The operators shall accept the supervision and administration from relevant administrative departments, and shall not refuse or hinder the administrative law enforcement personnel to perform the official business according to law. Chapter Ⅵ Transaction of Commodities in the Market Article 26 The quality, identification, measurement, package and advertisement propaganda of the commodities that the market operators sell shall accord with the provisions of relevant laws and regulations of the State. Article 27 The following commodities are prohibited to be transacted: (1) the smuggled goods; (2) the wild animals and plants as well as their products that the State and Guangdong Province specially protect and prohibit to trade; (3) the counterfeit, fake or inferior commodities; (4) the obscene or other illegal publications; (5) other goods that the State prohibit to trade. Article 28 Other operators shall not trade the following commodities in the market except the operators approved according to law: (1) the anesthetics, psychotropic and toxicant; (2) the radioactive goods; (3) the gold, silver, cultural relics and securities; (4) the audiovisual products and electronic publications; (5) the imported automobiles and the second-hand motor vehicles; (6) other goods restricted to circulate by laws, regulations and rules. Article 29 The market operators shall not do the following acts: (1) to dominate the market, drive up the price or force others to accept the unreasonable trade terms; (2) to mingle and adulterate the commodities, sell the defective commodities as good, or sell the fake commodities as genuine; (3) to cheat the consumers in the quality, function, specification and technical norms of the commodities; (4) to use the unqualified measurement instrument or give short measure; (5) to fabricate or spread the false information, damage other operators’ commodity reputation or commercial goodwill; (6) other trade acts expressly prohibited by the State. Article 30 The market operator shall provide the guarantee for repair, replacement and compensation to the sold commodities according to the provisions of the State or the agreement with the consumers, and attach the commodities with the “card of three guarantees”. For the commodities with no “card of three guarantee”, if the consumer requires the seller to produce the credit card of commodity, the operators shall produce it. The format of the commodity credit card shall be made by the competent department. The commodity credit card shall record the number of the stall location, sales time as well as the commodity’s name, amount and price. The operator shall give clear and authentic reply to the questions relevant to the quality and use of the commodity that are raised by the consumer. The operator shall indicate the commodity’s price according to the provisions of the competent department. Article 31 The market operator shall not make unjust or unreasonable provisions for the consumers by the means of standard contract, notice, statement, bulletin, etc. to abate or exempt the civil liability he shall bear. Chapter Ⅶ Legal Responsibilities Article 32 For any one who violates these regulations seriously, the competent department may temporarily suspend his Business License or revoke his Non-enterprise Business License. Article 33 The competent department shall give separate punishment to the transgressor for the following acts: (1) Operation without Business License in the market shall be banned; (2) The market initiator who arbitrarily starts business without setting up or establishing the Market Service and Management Institution shall be ordered to rectify within the prescribed time limit; If he refuses to rectify within the time limit, he shall be revoked the Market Registration; (3) The market initiator, who doesn’t accord with the qualifications for opening the market because of the expiration of the operating period or other reasons and fails to conduct the cancellation of registration or annual examination actively, shall be ordered to conduct the extension or cancellation of registration; If he fails to conduct within the time limit, he shall be ordered to stop business and be revoked the Market Registration. If the market initiator or the Market Service and Management Institution causes economical damages to others with default for the reasons listed in the first, second and third subparagraph of the preceding paragraph, it shall bear corresponding civil responsibilities. Article 34 The competent department shall fine the lawbreaker more than 2,000 but less than 10,000 yuan for one of the following acts: (1) to arbitrarily canvass business orders to trade in the market without market’s registration; (2) to conceal true information in the market’s registration or provide false documents to gain the Market Registration by cheating; (3) to lease, lend or transfer the Market Registration; (4) to fail to conduct the change registration of the market according to the provisions. Article 35 The competent department shall fine the lawbreaker more than 500 but less than 5,000 yuan for one of the following acts: (1) The Market Service and Management Institution allows operator without Business License or other lawful credential to enter the market to operate in the market; (2) The market initiator or the Market Service and Management Institution arbitrarily sets up stalls in or out of the market to disguisedly enlarge the market’s demarcation; (3) The market initiator fails to participate in the annual examination of market according to provisions of these regulations; (4) Operator acts as described in the first subparagraph of Article 29. Article 36 The competent department shall fine the lawbreaker more than 30 but less 1,000 yuan for one of the following acts: (1) to violate the provision of Article 23; (2) to violate the provision of Article 24; (3) to violate the provisions of the second, third, forth and fifth subparagraph of Article 29; (4) to violate the provisions of the second and fourth paragraph of Article 30. Article 37 If the consumer’s lawful rights and interests are infringed when purchasing commodities or accepting service in the market, the operator shall bear the civil responsibilities; If the operator does not operate in the market any more, the market initiator or the Market Service and Management Institution shall take the responsibility of compensation. The market initiator or the Market Service and Management Institution has the right to recover the losses from the operator. Article 38 If the administrative law enforcement personnel abuse their powers, neglect their duties, play irregularities for favoritism, extort or receive bribes and the circumstances are serious enough to constitute crime, they shall be prosecuted for criminal responsibilities; If the circumstances are minor and don’t constitute crime, the units that they belong to shall give administrative sanction or disciplinary punishment to them. Article 39 If the party is not satisfied with the decision of administrative punishment made by the municipal administrative department, he may apply for review to the organization for administrative review of the municipal government or file a lawsuit directly to the people’s court within 15 days from receipt of the written decision of punishment; If he is not satisfied with the review decision, he may file a lawsuit to the people’s courts within 15 days from receipt of the written review decision. If he fails to apply for review or file a law suit within the time limit and refuses to fulfill the decision of administrative punishment, the organization making the decision of administrative punishment may sell the commodities that are sealed up or detained according to law to offset the fine or apply to the people’s court for coercive execution. Chapter Ⅷ Supplementary Provisions Article 40 For the market that is initiated according to law before the implementation of these regulations, the market’s initiator shall set up the Market Service and Management Institution within 3 months from the date on which these regulations take effect. Article 41 For the market that is initiated after these regulations take effect, the initiator may be exempted from the management expense of house lease provided in Article 19 of the Regulations of Shenzhen Special Economic Zone on Lease of Houses; For the market that has existed before these regulations take effect, if the house is subleased, as to the margin of the rental of the sublease, the sublessor may be exempted from the management expense of house lease provided in the second paragraph of Article 19 of the Regulations of Shenzhen Special Economic Zone on Lease of Houses. Article 42 Provisions of these regulations shall be applicable to the administration of commodities fair referentially. Article 43 These regulations shall go into effort as of May1, 1999. |
