深圳经济特区商品市场条例 Regulations of Shenzhen Special Economic Zone on Commodity Market

深圳市人大常委会公告第79号
(Adopted at the Twenty-ninth meeting of the Standing Committee of the Second Shenzhen Municipal People's Congress on January 25, 1999.)
颁布日期：19990125 　实施日期：19990501 　颁布单位：深圳市人大常委会

　　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 constr

uction.

　　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 regis

tration 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 part

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