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Procedures of Shanghai on The Administration of Commodity Trading Markets Ⅱ

From Gasgoo.com| May 04 , 2008 09:26 BJT

  Article 15 (Registration of Alteration and Cancellation) The market operation administrators, when changing name, residence location, business site, legal representative, business scope, registered capital and operational duration of the enterprise, shall go through alteration registration with the organ in charge of registration.The market operation administrators, when closing business, going bankrupt, or terminating business for other reasons, shall go through timely cancellation registration with the organ in charge of registration.

  Article 16 (Drawing up and Implementing the Market Management Systems)The market operation administrators shall draw up various market management systems, organize regular checks of the implementation of the market management systems, and take necessary measures in time based on the check results.

  Article 17 (Maintaining Business Sites and Facilities)The market operation administrators shall maintain the operational facilities and other facilities of fire prevention, public health, environmental sanitation and security in the marketplaces, and ensure that all relevant facilities are in good condition.

  Article 18 (Normalized Guidance of On-floor Operation Contracts)The market operation administrators, when concluding on-floor operation contracts with floor traders, may refer to the model text of on-floor operation contract, and stipulate relevant rights and obligations of both parties on doing normalized business according to law, the liability for breach of contract, and the mode of dispute settlement. The municipal competent commerce administrative department, jointly with the municipal administrative department of industry and commerce, shall draw up the model text of on-floor operation contract and recommend its use.

  Article 19 (Urging Floor Traders to Do Business According to Law)The market operation administrators shall check the business license, taxation registration certificate, and various operation permits of floor traders.The market operation administrators shall urge floor traders to perform relevant provisions of laws and market management systems, enhance the awareness of honest and good-faith services and of doing business in a civilized manner, and advocate good operational style and commercial ethics.

  Article 20 (Public Notice in Marketplaces)The market operation administrators shall put up the business license, tax registration certificate and operation permits of all kinds in a conspicuous place of the market, and publish the market management systems and the addresses and telephones of the administrative supervision department and the complaint-handling agency.The market operation administrators shall set up public notice boards in a conspicuous place of the markets. Relevant administrative supervision departments and the market operation administrators shall be responsible for making public the illegal business acts, the commendations and rewards, and matters deserving attention in business activities in their respective marketplaces.

  Article 21 (Equipping with Measuring Instruments and Assisting in Measurement Check)The operation administrators shall, in cooperation with the quality and technical department, compile a register of measuring instruments used in the marketplace and fell under the category of compulsory check, and organize floor traders to apply for periodical checks to the designated measurement check agency, and urge floor traders to make routine maintenance of measuring instruments according to law.The market operation administrators shall equip the marketplace with measurement re-check instruments.The market operation administrators shall be encouraged to provide normalized service of measuring instrument for high price level commodities, and issue measurement data in a unified way.

  Article 22 (Statistics of Market Trading Situation)The market operation administrators shall be responsible for making statistics of market trading situation, fill in and submit regularly statistical statements to the relevant administrative department in charge.

  Article 23 (Designation of Area for Special Use)The market operation administrators of edible farm produce market that engage mainly in retail business shall designate in the marketplace special area of not less than 5 per cent of business area of the market for use of peasants to sell their self-produced edible farm produce, or for persons of non-regular employment organization to deal in edible farm produce.

  Article 24 (Supervision over Floor Traders)The market operation administrators shall not provide sites, storage, warehousing, transportation and other conditions for floor traders that engage in illegal trade.Where floor traders violate provisions of laws, rules and regulations, the market operation administrators shall make prompt curbs, urge correction, report to the relevant administrative supervision department, and coordinate in investigation and handling thereof.

  Article 25 (Dispute Settlement and Compensation)The market operation administrators shall institute the system concerning mediation and settlement of market trading disputes.The market operation administrators shall be encouraged to institute the system of giving consumers prioritized compensation. Where floor traders infringe upon the legitimate rights and interests of consumers, and the consumers are unable to get compensation from the floor traders, the market operation administrators are obligated to bear liability for compensation to consumers according to the provisions of market management system.The market operation administrators may, after bearing the compensation liability, recover the compensation paid from the floor traders that is held liable for the compensation.

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