Regulations of Shanghai Municipality on the Administration of Commodity Exchange Market

Chapter I General Provisions Article 1 In order to promote the development of the commodity trading market, maintain the order of the commodity trading market and safeguard the legitimate rights and interests of market operators, floor operators and commodity buyers, these Regulations are formulated in accordance with relevant laws and administrative regulations and in light of the actual situation of this Municipality. Article 2 The commodity trading market as mentioned in these Regulations refers to a fixed place operated and managed by market operators, where a number of commodity operators are concentrated to conduct spot commodity trading independently.

The term "market operator" as mentioned in these Regulations refers to an enterprise legal person established in accordance with the law, which obtains a fixed place by using its own, leasing or other forms, and attracts commodity operators to conduct spot commodity transactions in the market by providing services such as venues, related facilities and property services.

The floor operators mentioned in these Regulations refer to enterprises, other organizations and individual industrial and commercial households that independently engage in spot commodity sales in their own names in the commodity trading market. Article 3 These Regulations shall apply to the establishment, operation, on-site trading and related supervision and management activities of commodity trading markets within the administrative area of this Municipality. Article 4 The municipal and district (county) economic and trade administrative departments shall, in accordance with the division of responsibilities, be responsible for preparing the development plan of the commodity trading market, guiding the business activities of the commodity trading market, and coordinating the relevant government departments to implement these Regulations.

The administrative departments for industry and commerce at all levels are responsible for the confirmation of the qualifications of the main body of the commodity trading market and the supervision and management of business activities.

Other relevant administrative departments shall, in accordance with their respective duties, supervise and manage the commodity trading market according to law. Article 5 The legitimate rights and interests of market managers, floor operators and commodity buyers are protected by law.

Market managers and floor operators shall follow the principle of good faith and conduct business activities according to law. Chapter II Government Duties Article 6 The Municipal People's Government shall strengthen the planning and management of the establishment of commodity trading markets.

The establishment of a commodity trading market that needs the layout planning of the Municipal People's Government shall be proposed by the municipal economic and trade administrative department in conjunction with other relevant administrative departments and implemented after being reported to the Municipal People's Government for approval.

The establishment of edible agricultural products wholesale market shall be planned by the municipal economic and trade administrative department in conjunction with the planning administrative department at the same level, and the planned land shall be implemented after being approved by the Municipal People's government. The establishment of the retail market of edible agricultural products shall be formulated by the district (county) economic and trade administrative department in conjunction with the planning administrative department at the same level in accordance with the principle of convenience to the citizens, and shall be implemented after being approved by the district (county) people's government. Article 7 The Municipal People's Government shall formulate corresponding support policies for important commodity trading markets related to the economic and social development of this Municipality.

Where the government provides a place to set up a commodity trading market, the relevant administrative departments shall, in accordance with the principles of openness, fairness and impartiality, select market managers through public bidding. Article 8 The relevant administrative departments of the municipal and district (county) people's governments shall, in accordance with the requirements of government information disclosure, disclose laws, regulations, rules, normative documents, commodity trading market settings and other information related to the management of commodity trading markets, so as to provide convenience for the public to obtain information. Article 9 Where edible agricultural products and other commodities traded in the wholesale market need on-site inspection, the relevant administrative departments shall send inspectors to the site, equip them with corresponding inspection instruments and reagents, or entrust wholesale market operators with inspection conditions to conduct inspection, and the personnel engaged in inspection shall be trained and qualified. Article 10 The administrative departments of industry and commerce administration, food and drug supervision, fire control, etc. shall establish a patrol system to supervise and manage the commodity trading market according to their respective responsibilities.

Industrial and commercial administration, food and drug supervision, quality and technical supervision and other administrative departments. The names, addresses and contact numbers of government information and management institutions and institutions related to their regulatory responsibilities shall be published in the commodity trading market.

All relevant administrative departments shall make records, investigate and deal with complaints in a timely manner after receiving them, and reply to the complainants.

The administrative departments of industry and commerce administration, food and drug supervision, quality and technical supervision, etc. shall investigate and deal with the illegal business operations of market managers and floor operators according to law. Article 11 The administrative department of quality and technical supervision shall supervise and inspect the measuring instruments that are subject to compulsory verification according to law in the commodity trading market.

Quality and technical supervision, food and drug supervision, agriculture and other administrative departments shall, in accordance with their respective duties, conduct regular sampling inspections on the quality of commodities in the commodity trading market, and publish the sampling results in the commodity trading market. Chapter III Market Managers Article 12 The establishment of commodity trading markets shall implement the enterprise legal person registration system.

Market operators shall register with the administrative department for industry and commerce according to law and obtain the Business License of Enterprise as a Legal Person. If it is necessary to apply for other business licenses, it shall be handled by the relevant administrative departments according to law. Article 13 The enterprise name of the commodity trading market manager shall contain the words "market operation and management", and its business scope shall be consistent with the business scope of industrial and commercial registration.

The registered place of the commodity trading market shall be consistent with the actual business place of the market. Where a market operator establishes a commodity trading market in a place other than the place where it is registered, it shall go through the branch registration formalities with the local administrative department for industry and commerce.