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

ies to consult or use.

　　Article 20 The Market Service and Management Institution shall performs the following obligations:

　　(1) to be responsible for the construction, maintenance, renewal and reformation of the market’s operating facilities (including the facilities of security, fire control, etc), and to set up the remarkable market’s name plate and classify the market;

　　(2) to set up and implement the systems of public security, fire control, birth control, environmental sanitation, protection of the consumers’ rights and interests, etc;

　　(3) to maintain the market order, and to report in time the found malfeasance to relevant administrative departments to deal with;

　　(4) to file all kinds of statistical reports to the relevant administrative departments according to law;

　　(5) to pay taxes according to law;

　　(6) to carry out relevant legal propaganda, and to direct the operators to operate the business with civility.

　　Article 21 The Market Service and Management Institution shall publicize the following matters:

　　(1) the name, Business License and the place of registration of the service and management institution;

　　(2) the name and position of the persons in charge of the service and management institution;

　　(3) the management system of the market;

　　(4) the items and standards of charging;

　　(5) the number of the stalls in the market.

　　Article 22 The working personnel of the Market Service and Management Institution shall wear the unified label or employee’s card, manage with civility and serve courteously.

　　The Market Service and Management Institution shall not ask for money and valuable things from the operators, shall not arbitrarily set up stalls in or outside of the market to disguisedly enlarge the market’s demarcation.

　　Chapter Ⅴ Obligations of the Market Operators

　　Article 23 The market operators shall hold the Business License issued by the competent department.

　　The operators shall hang up the Business License at the remarkable position of the business place; For the operation wi

th permission, the operator shall hung up the corresponding permit accordingly. The employee shall wear the business card.

　　The operator shall not transfer, lease, lend, forge or alter the Business License and Permit, and shall not arbitrarily change the checked and fixed business scope and place.

　　Article 24 The operators shall operate according to the industry delimited by the Market Service and Management Institution, and shall not set up the business spot beyond the line for sale.

　　Article 25 The operators shall accept the supervision and administration from relevant administrative departments, and shall not refuse or hinder the administrative law enforcement personnel to perform the official business according to law.

　　Chapter Ⅵ Transaction of Commodities in the Market

　　Article 26 The quality, identification, measurement, package and advertisement propaganda of the commodities that the market operators sell shall accord with the provisions of relevant laws and regulations of the State.

　　Article 27 The following commodities are prohibited to be transacted:

　　(1) the smuggled goods;

　　(2) the wild animals and plants as well as their products that the State and Guangdong Province specially protect and prohibit to trade;

　　(3) the counterfeit, fake or inferior commodities;

　　(4) the obscene or other illegal publications;

　　(5) other goods that the State prohibit to trade.

　　Article 28 Other operators shall not trade the following commodities in the market except the operators approved according to law:

　　(1) the anesthetics, psychotropic and toxicant;

　　(2) the radioactive goods;

　　(3) the gold, silver, cultural relics and securities;

　　(4) the audiovisual products and electronic publications;

　　(5) the imported automobiles and the second-hand motor vehicles;

　　(6) other goods restricted to circulate by laws, regulations and rules.

　　Article 29 The market operators shall not do the following acts:

　　(1) to dominate the market, drive up the price or force others to accept the unreasonable trade terms;

　　(2) to mingle and adulterate the commodities, sell the defective commodities as good, or sell the fake commodities as genuine;

　　(3) to cheat the consumers in the quality, function, specification and technical norms of the commodities;

　　(4) to use the unqualified measurement instrument or give short measure;

　　(5) to fabricate or spread the false information, damage other operators’ commodity reputation or commercial goodwill;

　　(6) other trade acts expressly prohibited by the State.

　　Article 30 The market operator shall provide the guarantee for repair, replacement and compensation to the sold commodities according to the provisions of the State or the agreement with the consumers, and attach the commodities with the “card of three guarantees”.

　　For the commodities with no “card of three guarantee”, if the consumer requires the seller to produce the credit card of commodity, the operators shall produce it.

　　The format of the commodity credit card shall be made by the competent department. The commodity credit card shall record the number of the stall location, sales time as well as the commodity’s name, amount and price.

　　The operator shall give clear and authentic reply to the questions relevant to the quality and use of the commodity that are raised by the consumer.

　　The operator shall indicate the commodity’s price according to the provisions of the competent department.

　　Article 31 The market operator shall not make unjust or unreasonable provisions for the consumers by the means of standard contract, notice, statement, bulletin, etc. to abate or exempt the civil liability he shall bear.

　　Chapter Ⅶ Legal Responsibilities

　　Article 32 For any one who

violates these regulations seriously, the competent department may temporarily suspend his Business License or revoke his Non-enterprise Business License.

　　Article 33 The competent department shall give separate punishment to the transgressor for the following acts:

　　(1) Operation without Business License in the market shall be banned;

　　(2) The market initiator who arbitrarily starts business without setting up or establishing the Market Service and Management Institution shall be ordered to rectify within the prescribed time limit; If he refuses to rectify within the time limit, he shall be revoked the Market Registration;

　　(3) The market initiator, who doesn’t accord with the qualifications for opening the market because of the expiration of the operating period or other reasons and fails to conduct the cancellation of registration or annual examination actively, shall be ordered to conduct the extension or cancellation of registration; If he fails to conduct within the time limit, he shall be ordered to stop business and be revoked the Market Registration.

　　If the market initiator or the Market Service and Management Institution causes economical damages to others with default for the reasons listed in the first, second and third subparagraph of the preceding paragraph, it shall bear corresponding civil responsibilities.

　　Article 34 The competent department shall fine the lawbreaker more than 2,000 but less than 10,000 yuan for one of the following acts:

　　(1) to arbitrarily canvass business orders to trade in the market without market’s registration;

　　(2) to conceal true information in the market’s registration or provide false documents to gain the Market Registration by cheating;

　　(3) to lease, lend or transfer the Market Registration;

　　(4) to fail to conduct the change registration of the market according to the provisions.

　　Article 35 The competent department shall fine the lawbreaker more than 500 but less than 5,000 yuan for one of the following acts:

　　(1) The Market Service and Management Institution allows operator without Business License or other lawful credential to enter the market to operate in the market;

　　(2) The market initiator or the Market Service and Management Institution arbitrarily sets up stalls in or out of the market to disguisedly enlarge the market’s demarcation;

　　(3) The market initiator fails to participate in the annual examination of market according to provisions of these regulations;

　　(4) Operator acts as described in the first subparagraph of Article 29.

　　Article 36 The competent department shall fine the lawbreaker more than 30 but less 1,000 yuan for one of the following acts:

　　(1) to violate the provision of Article 23;

　　(2) to violate the provision of Article 24;

　　(3) to violate the provisions of the second, third, forth and fifth subparagraph of Article 29;

　　(4) to violate the provisions of the second and fourth paragraph of Article 30.

　　Article 37 If the consumer’s lawful rights and interests are infringed when purchasing commodities or accepting service in the market, the operator shall bear the civil responsibilities; If the operator does not operate in the market any more, the market initiator or the Market Service and Management Institution shall take the responsibility of compensation. The market initiator or the Market Service and Management Institution has the right to recover the losses from the operator

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