Heilongjiang Provincial Commodity Market Management Regulations

(Adopted at the 19th meeting of the Standing Committee of the Ninth People's Congress of Heilongjiang Province on October 20, 2000 and based on June 13, 2002 The Decision of the 30th Meeting of the Standing Committee of the Ninth People's Congress of Heilongjiang Province on Amending the Regulations on the Administration of Commodity Markets of Heilongjiang Province was revised for the first time in accordance with the Standing Committee of the Eleventh People's Congress of Heilongjiang Province on June 12, 2009. The 10th meeting of the committee "Decision on Amending the Regulations on the Administration of Commodity Market of Heilongjiang Province" (Second Amendment)

Chapter 1 General Provisions

Article 1 is to cultivate and develop commodities The market (hereinafter referred to as the market), maintains market order, and protects the legitimate rights and interests of market operators, market operators, commodity operators and consumers. These regulations are formulated in accordance with relevant laws and administrative regulations and in conjunction with the actual conditions of this province.

Article 2 The term “market” as mentioned in these Regulations refers to a spot with fixed venues and facilities, where multiple commodity operators with independent accounting and independent legal responsibilities enter and operate various types of living materials and production materials. trading place.

The term “market operators” as mentioned in these Regulations refers to natural persons, legal persons and other organizations that invest in and open markets in accordance with the law.

The term “market operators” as mentioned in these Regulations refers to natural persons, legal persons and other organizations engaged in market property management, leasing market venues and facilities, and conducting civil activities on behalf of the market.

Commodity operators as mentioned in these regulations refer to natural persons, legal persons and other organizations that engage in commodity operations or provide services in the market.

Article 3 Anyone who opens and operates a market within the jurisdiction of this province, engages in commodity transactions, provides services in the market, and supervises and manages the market shall abide by these regulations.

Article 4 People’s governments at all levels shall incorporate market construction into urban and rural construction plans, organize, coordinate, and supervise relevant departments to do a good job in market management and service, and cultivate and develop the market.

Article 5: When engaging in commodity transactions and service activities in the market, the principles of good faith, fair transactions, equal competition, and civilized services must be observed.

Article 6: The industrial and commercial administrative departments at all levels are the functional departments in charge of market supervision and administration and administrative law enforcement within their respective jurisdictions.

Public security, taxation, health, agriculture, animal husbandry, price, quality and technical supervision and other departments at all levels shall supervise and manage the market in accordance with the law within the scope of their respective responsibilities.

Chapter 2 Market Establishment

Article 7 The establishment of the market shall follow the principles of overall planning, rational layout, land conservation, environmental protection, conducive to production, convenient life, and active circulation.

Article 8 A newly built or renovated market shall, after being approved by the people's government at or above the county level or its authorized department, apply to the industrial and commercial administrative department at or above the county level for pre-approval of its name and apply for a business license before opening.

Large and medium-sized markets should conduct feasibility studies before new construction or reconstruction.

Article 9 The following conditions must be met to open a market:

(1) Comply with urban and rural construction planning;

(2) Have corresponding venues, facilities and funds , the building facilities comply with the design specifications;

(3) Necessary transportation, safety, sanitation, fire protection, and ventilation conditions are available;

(4) Other conditions stipulated by laws and regulations.

Article 10 Market operators applying for a business license shall submit the following documents:

(1) Application for registration;

(2) Pre-approval of name Certification;

(3) Approval documents from the people’s government at or above the county level or its authorized departments;

(4) Proof of ownership of land, houses, etc. or approval documents for road occupation;

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(5) Identity certificate of the person in charge of the market;

(6) Proof of funds for opening the market;

(7) Signed by all parties who jointly open the market Agreement;

(8) Other relevant documents stipulated in laws and regulations.

Article 11: The market established in accordance with the provisions of Article 8 of these Regulations may not be occupied by any unit or individual, nor may it be demolished without approval.

If it is really necessary to demolish, cancel or reconstruct a market or merge or separate markets, commodity operators should be properly resettled.

Article 12 If the market registration items are changed or the business is terminated, the market operator shall go to the original registration authority to go through the change or cancellation procedures within 30 days before the registration items are changed or the business is terminated.

Chapter 3 Market Operations

Article 13: The legitimate business activities of market operators and commodity operators are protected by law, and no unit or individual may interfere.

Market operators and commodity operators have the right to refuse any unit or individual to illegally charge fees or apportion human, material and financial resources. For acts that infringe on their legitimate rights and interests, they have the right to report and lodge complaints with relevant authorities or file lawsuits in the People's Court in accordance with the law.

Any illegal market operations are prohibited.

Article 14 Market operators shall comply with the following provisions:

(1) Comply with relevant laws and regulations, and submit to the supervision and management of relevant administrative law enforcement departments such as industrial and commercial administration; < /p>

(2) Establish an internal market management organization, establish and improve fire prevention, sanitation, public security and other rules and regulations under the supervision and guidance of relevant departments, equip full-time personnel and relevant equipment, and be responsible for market safety prevention management, improve Market environment;

(3) Undertake daily service management work such as market classification and setting up fair measuring instruments;

(4) Submit statistical data in accordance with the law.

Article 15 When leasing or selling stalls to commodity operators, market operators shall follow the principles of openness and fairness and sign contracts with commodity operators in accordance with the law.

Market operators shall not impose penalties on commodity operators, shall not take compulsory measures, and shall not charge fees other than those agreed in the contract.

Article 16: Market operators that provide paid services such as storage, communication, and transportation shall apply for a business license or change registration at the industrial and commercial administrative department.

Article 17 Commodity operators shall comply with the following provisions:

(1) Hold a business license;

(2) Suspend a business license or industrial and commercial administration A sign issued by the administrative department;

(3) Operate in accordance with the business scope approved by the industrial and commercial administrative department;

(4) Operate in the designated venue;

(5) Establish a business ledger in accordance with national regulations;

(6) Clearly mark the price;

(7) Issue a credit card in accordance with relevant regulations;

Tenth Article 8 Commodity dealers selling commodities subject to state monopoly, monopoly and license management shall hold and present relevant certificates.

Used motor vehicles must be sold in designated places with license plates and relevant certificates.

Article 19: Commodity operators shall bear the responsibility for repair, replacement, and return in accordance with relevant regulations if there are quality problems within the shelf life of the goods that are guaranteed to be repaired, replaced, or returned.

Article 20 prohibits the trading of the following items:

(1) Smuggling items;

(2) Firearms, ammunition, controlled knives and explosive equipment;

(3) Wild animals, plants and their products whose trade is prohibited by national and provincial regulations;

(4) Illegal publications;

(5) Unauthorized Animals and their products that have been inspected and quarantined;

(6) Toxic and harmful food;

(7) No inspection certificate or incompatible with the requirements to protect human health and personal and property safety Commodities that meet the standards and requirements;

(8) Deteriorated or invalid commodities;

(9) Commodities that have been eliminated and stopped being sold by the state;

( 10) Other items prohibited from trading by laws and regulations.

Article 21 prohibits the following behaviors of commodity dealers:

(1) Counterfeiting other people’s registered trademarks;

(2) Using well-known products without authorization Unique names, packaging, and decoration, or the use of names, packaging, and decoration that are similar to those of well-known goods, causing confusion with other people's well-known goods and causing buyers to mistake them for the well-known goods;

(3) Without authorization Using other people’s business names or names to mislead people into thinking they are other people’s goods;

(4) Forging or falsely using certification marks on goods, falsifying the place of origin, and making misleading false representations about the quality of goods ;

(5) Using bribery to sell goods;

(6) Using advertising and other methods to test the quality, ingredients, performance, purpose, producer, validity period, and origin of the goods Making misleading false propaganda;

(7) Infringing on the trade secrets of other commodity operators;

(8) Bullying, dominating the market, buying and selling by force, cheating on purchases and sales, Price gouging and fraudulent sales;

(9) Adulteration or adulteration in goods, passing off fake goods as genuine, passing off substandard goods as good ones, and passing off substandard goods as qualified goods;

( 10) Using substandard measuring instruments, using measuring instruments to cheat, or selling insufficient quantities of goods;

(11) Other business activities prohibited by laws and regulations.

Article 22: Brokers who engage in brokerage activities in the market must hold legal qualification certificates and business licenses.

Article 23: To hold exhibitions, order fairs and other various commodity sales activities, one must register with the industrial and commercial administration department and pay a consumer rights deposit to the registration authority. The deposit collected by the registration authority shall be returned if there is no consumer complaint within 30 days from the end of the product exhibition and sales activity.

The specific management measures for consumer rights deposits shall be formulated separately by the Provincial People's Government.

Chapter 4 Supervision and Management

Article 24 The industrial and commercial administrative departments shall perform the following responsibilities in market supervision and management:

(1) Publicity and implementation Relevant laws, regulations and rules on market supervision and management, and formulate corresponding management systems and specific measures;

(2) Confirm and inspect the subject qualifications and business operations of market operators, market operators and commodity operators in accordance with the law; The legality of behaviors and commodities;

(3) Accept consumer complaints, organize and mediate economic disputes;

(4) Protect legal operations, investigate and deal with illegal activities, and maintain the order of market transactions;

(5) Establish integrity files for market operators and commodity operators, and organize the creation of a civilized and honest market;

(6) Other responsibilities prescribed by laws and regulations.

Article 25: When investigating and punishing illegal acts in accordance with the law, the industrial and commercial administrative departments may take the following measures:

(1) Investigate and question parties and witnesses;

< p>(2) Inspect, copy, photograph, detain, and seal contracts, account books, documents and other relevant materials related to illegal activities;

(3) Order to suspend sales or seal in accordance with laws and regulations , Detain items related to illegal activities;

(4) Other measures prescribed by laws and regulations.

Article 26: The industrial and commercial administrative departments have the right to stop acts that infringe upon the legitimate rights and interests of market operators, market operators, and commodity dealers.

Article 27: The public security department is responsible for the fire protection and public security management of the market, and supervises and inspects market operators to do a good job in market safety precautions.

Article 28: Administrative law enforcement personnel shall supervise and manage the market in accordance with the provisions of relevant laws, regulations, and rules, and enforce the law impartially and in a civilized manner. No making things difficult, no obstruction, no arbitrary charges or arbitrary fines.

Chapter 5 Legal Responsibilities

Article 29 Anyone who violates the provisions of these Regulations and commits the following acts shall be punished by the industrial and commercial administration department:

( 1) Anyone who violates the provisions of Article 8, paragraph 1, Article 16, Article 17, paragraph (1) and Article 22 shall be ordered to stop business activities and the illegal gains shall be confiscated; legal persons or other organizations shall be punished for the circumstances of their illegal acts. If the circumstances are serious, a fine of not less than 1,000 yuan but not more than 5,000 yuan shall be imposed; if the circumstances are serious, a fine of not less than 5,000 yuan but not more than 10,000 yuan shall be imposed; if the circumstances are serious, a fine of not less than 10,000 yuan but not more than 20,000 yuan shall be imposed; for individuals, a fine of not less than 500 yuan but not more than 1,000 yuan shall be imposed. A fine of not more than RMB 10,000 shall be imposed; those who meet the conditions shall be ordered to apply for a new business license within a time limit.

(2) Anyone who violates the provisions of Article 14 (2) and (3) shall be given a warning and ordered to make corrections within a time limit; if the correction is not made within the time limit, a fine of not less than 2,000 yuan but not more than 20,000 yuan shall be imposed. .

(3) Anyone who violates the provisions of Article 17 (2) shall be given a warning and a fine of not less than 500 yuan but not more than 1,000 yuan shall be given to a legal person or other organization; a warning shall be given to an individual industrial and commercial household. If corrections are made, a fine of not less than 50 yuan but not more than 100 yuan will be imposed.

(4) Anyone who violates the provisions of Article 17 (3) shall be given a warning and the illegal gains shall be confiscated; for legal persons or other organizations whose illegal conduct is minor, a fine of not less than RMB 1,000 but not more than RMB 5,000 shall be imposed , if the circumstances are serious, a fine of not less than 5,000 yuan but not more than 10,000 yuan shall be imposed; if the circumstances are serious, a fine of not less than 10,000 yuan but not more than 20,000 yuan shall be imposed; individual industrial and commercial households shall be fined not less than 20 yuan but not more than 500 yuan.

(5) Anyone who violates the provisions of Article 17 (4) shall be given a warning, a legal person or other organization shall be fined not less than 100 yuan but not more than 1,000 yuan, and an individual industrial and commercial household shall be fined not less than 10 yuan but not more than 100 yuan. the following fines.

(6) Anyone who violates the provisions of Article 17 (7) shall be ordered to make corrections and shall be fined not less than 50 yuan but not more than 100 yuan.

(7) Anyone who violates the provisions of Article 19 shall be ordered to make corrections; if he refuses to make corrections, he shall be fined not less than 100 yuan but not more than 2,000 yuan.

Article 30 Anyone who violates the provisions of Article 12 of these Regulations shall be punished by the industrial and commercial administrative department in accordance with the relevant provisions of the national enterprise registration management.

Article 31 Anyone who violates the second paragraph of Article 15 of these Regulations shall be given a warning by the industrial and commercial administrative department; if any damage is caused to the legitimate rights and interests of commodity operators, compensation shall be provided in accordance with the law.

Article 32 Anyone who violates the provisions of these Regulations and commits the following acts shall be punished by the industrial and commercial administration department:

(1) Violation of Article 17, Item (5) , Item (6) shall give a warning, and if the person fails to make corrections after the warning, he shall be fined not less than 50 yuan but not more than 100 yuan.

(2) Anyone who deals in goods prohibited from trading in Article 20 (1) of these Regulations shall have the goods confiscated, the sales price of the goods shall be confiscated, and a fine of not more than 20% of the equivalent value of the goods shall be imposed.

(3) Anyone who deals in goods prohibited from trading in Article 20 (2) of these Regulations shall have the goods confiscated, the sales price of the goods confiscated, and a fine of not less than RMB 1,000 but not more than RMB 30,000 shall be imposed.

(4) Anyone who deals in items prohibited from trading in Article 20 (3) of these Regulations shall have the physical items and illegal gains confiscated, and may be fined an amount equal to not less than 1 time but not more than 10 times the value of the physical items.

(5) Anyone who deals in items prohibited from trading in Article 20 (5) of these Regulations shall be punished in accordance with the provisions of the "Animal Epidemic Prevention Law of the People's Republic of China" and other relevant laws and regulations. .

(6) Anyone who operates items prohibited from trading in Article 20 (6) of these Regulations shall be ordered to cease operations, immediately announce the recall of the sold food, destroy the food, and confiscate the illegal gains. In addition, a fine of not less than 1 time but not more than 5 times of the illegal income shall be imposed; if there is no illegal income, a fine of not less than 1,000 yuan but not more than 30,000 yuan shall be imposed; if the circumstances are serious, the health license shall be revoked.

(7) Anyone who commits the acts specified in Item (8) of Article 21 of these Regulations shall be given a warning. If there are any illegal gains, the illegal gains shall be confiscated; if the circumstances are relatively minor, a fine of not less than 200 yuan but not less than 500 yuan shall be imposed. If the circumstances are serious, a fine of not less than 500 yuan but not more than 1,000 yuan shall be imposed; if the circumstances are serious, a fine of not less than 1,000 yuan but not more than 2,000 yuan shall be imposed, and the business shall be ordered to cease business, withholding or the business license shall be revoked in accordance with national laws.

(8) Anyone who commits the acts specified in Article 21 (10) of these Regulations and uses unqualified measuring instruments or cheats with measuring instruments shall have their measuring instruments and illegal gains confiscated, and may also be fined 400 yuan. A fine of not more than 2,000 yuan will be imposed; if the quantity of goods is insufficient, the company will be ordered to replenish the goods and compensate for the losses, and a fine of not less than 1 time but not more than 10 times of the value of the missing goods will be imposed.

If the illegal acts listed in the preceding paragraph also violate relevant laws and regulations, the relevant departments shall punish them in accordance with the provisions of laws and regulations.

Article 33 Anyone who violates the provisions of paragraph 1 of Article 18 of these Regulations shall be punished by the relevant departments in accordance with the provisions of relevant laws and regulations.

If a used motor vehicle is sold in violation of the provisions of paragraph 2 of Article 18 of these Regulations without a license plate and relevant certificates, the public security department and the industrial and commercial administration department will not handle the transaction and transfer procedures; the transaction is not carried out in a designated place For old motor vehicles, the industrial and commercial administration department will impose a fine of not less than 100 yuan but not more than 200 yuan.

Article 34: Anyone who deals in items prohibited from trading in Article 20 (4) of these Regulations shall be punished by the publishing administrative department in accordance with the provisions of relevant laws and regulations.

Article 35: Trading of items prohibited from trading in Article 20, Item (7), (8), and (9) of these Regulations and Article 21 of these Regulations Those who commit acts specified in Items (3), (4) and (9) shall be punished in accordance with the provisions of the "People's Republic of China and Domestic Product Quality Law" and the "Heilongjiang Provincial Product Quality Regulations".

Article 36 contains the provisions of Items (1), (2), (5), (6) and (7) of Article 21 of this Regulation Those who commit illegal acts shall be punished by the industrial and commercial administration departments in accordance with the provisions of the Anti-Unfair Competition Law of the People's Republic of China and the State and the Regulations of Heilongjiang Province on Anti-Unfair Competition.

Article 37 Anyone who violates the provisions of Article 23 of these Regulations shall be ordered to make corrections by the industrial and commercial administrative department, the illegal gains shall be confiscated, and a fine of not more than 5,000 yuan shall be imposed.

Article 38: Anyone who refuses or obstructs administrative law enforcement personnel from performing their duties in accordance with the law shall be dealt with by the public security department in accordance with the "Regulations on Public Security Administration Punishments of the People's Republic of China".

Article 39: If administrative penalties for violations of these Regulations involve two or more departments, they shall be carried out in accordance with their respective responsibilities and powers and in accordance with the law.

No administrative penalty of fines may be imposed more than twice for the same illegal act committed by a party.

Article 40 If administrative law enforcement personnel of the industrial and commercial administration departments and other relevant departments commit any of the following circumstances during the management of the commodity market, they shall be subject to administrative sanctions depending on the circumstances; causing harm to the legitimate rights and interests of others In case of damage, compensation shall be made in accordance with the law:

(1) Failure to perform statutory duties and consequences;

(2) Administrative compulsory measures taken in violation of laws, regulations and rules;

(3) Violating state regulations and handling fines and confiscated items privately;

(4) Failure to return consumer rights deposits within the prescribed period without justifiable reasons;

(5) Taking advantage of one’s position to solicit or accept property;

(6) Exceeding or abusing one’s authority;

(7) Other acts that should be subject to administrative sanctions in accordance with the law.

Article 41: If the parties concerned are dissatisfied with the administrative penalty decision, they may apply for administrative reconsideration or file an administrative lawsuit with the People's Court in accordance with the law.

If an administrative reconsideration is not filed within the time limit, an administrative lawsuit is not filed, and the administrative penalty decision is not implemented, the agency that made the administrative penalty decision shall apply to the People's Court for compulsory enforcement.

Article 42: Anyone who violates the provisions of these regulations and constitutes a crime shall be investigated for criminal responsibility in accordance with the law.

Chapter 6 Supplementary Provisions

Article 43 The management of urban and rural markets, morning and evening markets, and stall markets shall be implemented with reference to the provisions of these regulations.

Article 44: These Regulations shall come into effect on December 1, 2000. The "Heilongjiang Province Urban and Rural Market Trade Regulations" passed at the fourth meeting of the Standing Committee of the Eighth People's Congress of Heilongjiang Province on July 1, 1993 were abolished at the same time.