批发市场管理办法 Administration of Wholesale Markets Procedures

（Promulgated on and effective as of 15 December 1994.）
颁布日期：19941220 　实施日期：19941220 　颁布单位：内贸部

　　PART ONE　GENERAL PROVISIONS

　　Article 1　These Procedures are formulated in order to improve the commodity wholesale market mechanism and standardise wholesale market trading so that the establishment and administration of wholesale markets can be legalised and standardised for the protection of the normal business as well as lawful rights and interests of parties to transactions.

　　Article 2　The term “wholesale market” in these Procedures shall refer to a site that provides and conducts commodity wholesale trading for buyers and sellers in a frequent， open and standardised manner， with the availability of associated services or functions such as information， clearing and transport.

　　Article 3　The term “central wholesale market” in these Procedures shall refer to a wholesale trading site that is established， upon approval or recognition by the Ministry of Domestic Trade， in central cities serving as the main production， marketing or distribution places for commodities， and that is able to branch out across neighbouring regions and the whole country.

　　Article 4　The term “local wholesale market” in these Procedures shall refer to a wholesale trading site that is approved by the department in charge of commodity circulation in provinces， autonomous regions， centrally-governed municipalities or municipalities with an independent development plan where such wholesale trading site is located， or by the departments designated by the People's Government at the provincial level， that a record of establishment with the Ministry of Domestic Trade.

　　Article 5　Wholesale markets established upon approval or recognition must use the name “wholesale market”。 The name of a central wholesale market shall be preceded by the name of the place （province or municipality） where such market is located， indicating the type of traded commodities and the words “central wholesale market”。 The name of a local wholesale market shall be preceded by the name of the city where such market is located， indicating the type of traded commodities and the words “wholesale market”。 Markets that have not been approved or recognised may not use the words “wholesale market”。

　　Article 6　Wholesale markets shall be legal persons or enterprise legal persons engaging in non-profit making business for the public good. Wholesale markets shall be responsible to the Board of governors （Board of directors） under the supervision and administration of management committees.

　　Article 7　The policy of wholesale markets shall be to provide services on the basis of the principles of open trading， fair competition and free bargaining.

　　Article 8　Wholesale markets shall observe and implement laws of the State and macro-economic control policies.

　　PART TWO　ESTABLISHMENT

　　Article 9　Central wholesale markets may be established only with approval by the Ministry of Domestic Trade； local wholesale markets may be established only with approval by the department in charge of commodity circulation at provincial level （including municipalities with an independent development plan） or by the departments designated by the People's Government at provincial level.

　　Article 10　The Ministry of Domestic Trade shall formulate plans for the construction of wholesale markets in line with the economic development of the State. The plans for the construction of wholesale markets shall include：

　　1. an overall plan， policy and principle for the construction of the markets；

　　2. the distribution， scale and type of markets；

　　3. objectives of market construction；

　　4. market administration and guidelines； and

　　5. other necessary matters concerning market construction.

　　Departments in charge of commodity circulation in provinces， autonomou

s regions， centrally-governed municipalities and municipalities with an independent development plan shall formulate plans for the construction of markets in their own regions according to the plan of the Ministry of Domestic Trade for wholesale market construction， and shall submit such plans to the Ministry of Domestic Trade for the record.

　　Article 11　The following requirements must be met for the establishment of a wholesale market：

　　1. availability of different means of transportation and advanced communications in cities as the main production or marketing places for the commodities traded， or in commodity distribution centres；

　　2. availability of a site and associated infrastructure facilities for wholesaling； and

　　3. conformity with State and local plans for market construction.

　　Article 12　Wholesale markets may be established with funds raised by a Government department or be funded or jointly established by enterprises according to relevant provisions of the PRC， Company Law （hereafter， the “Company Law”）。

　　Article 13　Applications for the establishment of central wholesale markets shall be filed by the work unit that wishes to establish a wholesale markets and reported to the Ministry of Domestic Trade for approval.

　　Applications for the establishment of local wholesale markets shall be filed by the work unit that wishes to establish a wholesale markets and reported to the departments in charge of commodity circulation in provinces， autonomous regions， centrally-governed municipalities and municipalities with an independent development where such markets are located， or to the departments designated by the People's Governments at provincial level for approval， and reported to the Ministry of Domestic Trade for the record. The Ministry of Domestic Trade shall， within one month of receiving the record， shall make an official reply in writing as to whether consent is granted or not. Matters such as opening of the market may be handled according to law only when consent is granted.

　　Article 14　Applications for the establishment of central wholesale markets shall be subject to authorisation by the People's Governments at provincial level （including municipalities with an independent development plan）。

　　Article 15　For the purposes of Article 13 of these Procedures， the term “work unit that wishes to establish a wholesale markets” shall refer to：

　　1. preparatory offices （groups） set up， on the basis of common objective， by the wholesale market to be established with funds raised by Government departments for such relevant Government departments and enterprises or institutions that participate in raising the funds； or

　　2. two or more enterprises or institutions approved by the Ministry of Domestic Trade， departments in charge of commodity circulation in provinces， autonomous regions， centrally-governed municipalities and municipalities with an independent development or the departments designated by the People's Government at provincial level， for the establishment of wholesale markets in the form of companies according to the Company Law.

　　Article 16　The following materials shall be submitted for the application for establishing a wholesale market：

　　1. an application from the work unit that wishes to establish a wholesale market；

　　2. a feasibility report on the establishment of the wholesale market；

　　3. a plan of establishment and measures for implementing such plan； and

　　4. the articles of association， trading rules and draft regulations for internal management.

　　Article 17　The feasibility report on a wholesale market shall contain the following contents：

　　1. the type and name of the commodities to be traded during wholesaling；

　　2. the productivity and consumption and circulation amounts of that type of commodities at the place where the market is located

， as well as the amount and scale of the markets of the same nature；

　　3. the volume of trade and amount of the market and anticipated capability of branching out across neighbouring regions and the whole country；

　　4. details of the transport， communications and circulation facilities of the place where the market is located；

　　5. the area， facilities and main services and functions of the market；

　　6. details of the professional managerial personnel；

　　7. a proposal on the establishment of the wholesale market as well as short-term and long-term objectives for such establishment；

　　8. the amount of funds for the establishment， proposal on raising such funds and contract signed by the work unit that invest in and fund the establishment；

　　9. direct or indirect profit forecast for the investment；

　　10. advantages and disadvantages of the project as well as measures or policies in respect of such advantages or disadvantages； and

　　11. other items needed to be specified.

　　Article 18　The following contents shall be provided for in the articles of association or trading rules：

　　1. location and scale of the market；

　　2. type of commodities being traded；

　　3. methods of attracting investment， organisational structure， lead organisation and proposal on formation of the management organisational structure；

　　4. methods of trading and settlement；

　　5. relevant details of personnel engaged in wholesale；

　　6. relevant details of personnel engaged in market management；

　　7. charges for using facilities；

　　8. trading hours；

　　9. rules of agents and handling fee charging standards；

　　10. sources of daily expenses and rules of sp

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