Measures for the Administration of Market Intermediaries in Zhejiang Province
Article 1 In order to regulate the market intermediary behavior, maintain the market order of intermediary services, safeguard the legitimate rights and interests of clients and market intermediaries, and promote the healthy development of intermediary services, these Measures are formulated in accordance with the provisions of relevant laws and regulations and combined with the actual situation of this province. Article 2 These Measures shall apply to the intermediary service activities of market intermediaries within the administrative region of this province and their supervision and management. Market intermediaries in vertical management industries such as finance, insurance, securities and futures are excluded. Where relevant laws and regulations provide otherwise for market intermediaries and their intermediary service activities, such provisions shall prevail; Where there are no provisions in relevant laws and regulations, these Measures shall apply. Article 3 The term "market intermediary institutions" as mentioned in these Measures refers to profit-making organizations that are established according to law and use professional knowledge and skills to provide customers with intermediary services such as inspection, testing, appraisal, evaluation, accounting, auditing, agency, brokerage and information technology services. Article 4 People's governments at or above the county level shall incorporate the development of market intermediary services into the national economic and social development plan, optimize the development environment, establish and improve the standardized development mechanism of market intermediaries, coordinate and solve major problems in the supervision and management of market intermediaries, and urge relevant departments to perform their duties of supervision and management of market intermediaries according to law. Article 5 The relevant departments of the people's governments at or above the county level, such as finance, civil affairs, human resources and social security, land resources, housing and urban and rural construction, transportation, commerce, environmental protection, quality and technical supervision, food and drug supervision and administration, production safety supervision and administration, and organizations authorized by laws and regulations with the function of managing public affairs (hereinafter referred to as the management departments of market intermediaries) shall, within their respective functions and duties, exercise industry supervision over the intermediary service activities of market intermediaries and their employees according to law. The departments of industry and commerce administration, taxation and price of the people's governments at or above the county level shall, within the scope of their respective duties, supervise and manage the market intermediaries according to law. Article 6 Market intermediaries and their employees shall carry out intermediary service activities in accordance with the law, abide by professional ethics, safeguard the legitimate rights and interests of clients, and shall not harm the national interests, public interests and the legitimate rights and interests of stakeholders. Article 7 The establishment of a market intermediary institution shall go through industrial and commercial registration according to law. Where laws, administrative regulations and the State Council decisions stipulate that industrial and commercial registration is not required, such provisions shall prevail. In accordance with the provisions of laws, regulations and the State Council decisions, market intermediaries must obtain relevant licenses to engage in business activities, and market intermediaries shall handle them according to law and engage in business activities within the approved business scope. In accordance with the provisions of laws, administrative regulations and the State Council decisions, market intermediary practitioners must obtain relevant professional qualifications, and market intermediary practitioners shall obtain them according to law. Article 8 Market intermediaries shall clearly indicate their business licenses and intermediary qualification certificates in a prominent position in their business premises, and announce the service items, service processes, charging standards, supervision telephone numbers and other matters. Encourage market intermediaries to use network technology to improve service convenience according to the content of intermediary services. Article 9 Clients have the right to choose market intermediaries to provide intermediary services for them. The administrative organ shall not abuse its administrative power, and limit the scope of the client's choice by designating or disguised as a market intermediary. Article 10 Where an administrative organ, institution or social organization entrusts a market intermediary to provide intermediary services and use financial funds, it shall select the market intermediary in accordance with the Procurement Law of People's Republic of China (PRC) and the relevant provisions of the state and province. Eleventh market intermediaries to provide intermediary services, shall conclude a contract with the client according to law. Where laws and administrative regulations stipulate or the parties agree that a contract shall be in writing, it shall be in writing. The administrative department in charge of the relevant market intermediary institutions or intermediary service industry organizations may formulate a model contract text for the parties' reference. Twelfth service time limit by the market intermediary commitment or agreed with the client. Market intermediaries should optimize the service process and complete the entrusted matters within the promised period, agreed period or reasonable period. Thirteenth market intermediary service charges belong to the government guidance price or government pricing management, should be charged in accordance with the charging standards approved by the price administrative department; If the market-regulated price management is implemented, the fees shall be charged according to the express price or the price agreed by both parties. Intermediary services (hereinafter referred to as administrative examination and approval intermediary services) as the acceptance conditions of administrative examination and approval have the nature of industry and technology monopoly or insufficient market competition, and their fees are included in the pricing catalogue of this province, and government-guided prices or government pricing are implemented. When necessary, the competent price department may, jointly with the relevant administrative departments of market intermediaries, give administrative guidance by means of interviews, suggestions and warnings according to law to guide and promote reasonable fees charged by market intermediaries. Article 14 Market intermediaries and their employees shall not commit the following acts: (1) Providing false information and materials, and issuing false reports, certificates and other materials; (two) by fraud, coercion, bribery, collusion and other illegal means, damage the interests of the client or others; (3) Undertaking business by means of unfair competition or taking advantage of practicing convenience to seek illegitimate interests; (four) compulsory or disguised compulsory sales of goods and services; (5) Providing or disclosing information and materials that may endanger national security or public interests; (6) divulging the business secrets or personal privacy of customers; (seven) other acts prohibited by laws and regulations.