Notice of the General Office of the People’s Government of Guangdong Province on printing and distributing the measures for the administration of online intermediary service supermarkets in Guangdong
General Office of Guangdong Provincial People’s Government on Printing and Distributing
Notice of Guangdong Province on the measures for the administration of online intermediary service supermarkets
Guangdong Office Letter No.332 [2020].
People’s governments at the local and municipal levels, departments and institutions directly under the provincial government:
The measures for the administration of online intermediary service supermarkets in Guangdong Province have been agreed by the provincial people’s government and are hereby issued to you, please implement them carefully. Problems encountered in the implementation process, please report to the radial provincial government service data management bureau.
General office of provincial government
December 30, 2020
Measures for the administration of online intermediary service supermarkets in Guangdong Province
Chapter I General Provisions
the first In order to regulate the operation, service and supervision of online intermediary service supermarkets in Guangdong Province (hereinafter referred to as intermediary supermarkets), these measures are formulated in accordance with the relevant provisions of the Regulations on Optimizing the Business Environment and in light of the actual situation.
the second These Measures shall apply to the activities of the project owners to purchase intermediary services through intermediary supermarkets.
The term "intermediary supermarket" as mentioned in these Measures refers to the comprehensive information service and credit management platform for online transaction of intermediary services unified by the whole province.
The term "project owners" as mentioned in these Measures refers to natural persons, legal persons and unincorporated organizations that purchase intermediary services through intermediary supermarkets.
The term "intermediary service institutions" as mentioned in these Measures refers to legal persons and unincorporated organizations that provide paid intermediary services to project owners through intermediary supermarkets.
The list of intermediary services mentioned in these Measures refers to the intermediary services announced by the competent department of industry in the intermediary supermarket.
Article Project owners who use financial funds to purchase intermediary services within the list of intermediary services, outside the centralized government procurement catalogue and failing to meet the procurement quota standards must select intermediary service agencies in intermediary supermarkets, unless otherwise stipulated by laws and regulations.
Project owners use non-financial funds to purchase intermediary services within the list of intermediary services, and encourage the selection of intermediary service agencies in intermediary supermarkets.
Article 4 Intermediary supermarkets operate, serve and supervise according to the principle of "one platform, shared by the whole province, one place to settle in, one place to pass through the whole province, one place to break faith, limited by the whole province, integrated management and graded use".
Chapter II Division of Responsibilities
Article 5 In principle, the government service data management bureau at or above the county level is the intermediary supermarket management institution at this level, and the public resource trading centers at all levels are the intermediary supermarket operation institutions at this level.
Where the people’s governments at or above the county level have other provisions on the division of responsibilities for the management and operation of local intermediary supermarkets, such provisions shall prevail.
Article 6 The main responsibilities of the provincial intermediary supermarket management institutions are:
(a) to implement the laws, regulations and relevant policies of the state on the online trading platform for intermediary services;
(two) to organize the formulation of the province’s intermediary supermarket management system, study and formulate the province’s intermediary supermarket development plan, and promote the standardization, flattening and intensive construction and management of intermediary supermarkets;
(three) organize technical force to provide information technology support for the construction, operation and maintenance of intermediary supermarkets and information security;
(four) to study, coordinate and solve major problems of intermediary supermarkets in the province;
(five) supervision and management of intermediary supermarkets in the province and their operating institutions and the behavior of relevant parties;
(six) according to the division of responsibilities to accept and deal with the relevant complaints, and coordinate the competent departments of the industry to deal with the relevant complaints;
(seven) to guide and inspect the business work of intermediary supermarket management institutions around the country.
Article 7 The main responsibilities of the city and county intermediary supermarket management institutions are:
(a) to implement the relevant laws, regulations and policy documents of intermediary supermarkets;
(two) supervision and management of intermediary supermarket operators and the behavior of the parties concerned;
(three) according to the division of responsibilities to accept and deal with the relevant complaints, and coordinate the competent departments of the industry to deal with the relevant complaints.
Article 8 The main responsibilities of the provincial intermediary supermarket operating institutions are:
(a) to undertake the daily operation and service work of provincial intermediary supermarkets, and organize the selection activities of provincial project owners;
(two) the construction and maintenance of the province’s intermediary supermarkets unified intermediary service items library, unified project owners library, unified intermediary service institutions library, unified intermediary supermarket credit information database and other databases;
(three) to formulate the supporting system for the operation of intermediary supermarkets in the province, to guide the standardization and standardization of business operations and services of intermediary supermarket operating institutions throughout the province, and to optimize business processes;
(four) to organize and implement the service evaluation of provincial intermediary supermarkets, accept and handle relevant consultations, coordinate the project owners and industry authorities to handle relevant consultations, and assist in handling relevant complaints;
(five) to organize and carry out business training for the staff of intermediary supermarket operators in the province.
Article 9 The main responsibilities of the city and county intermediary supermarket operating institutions are:
(a) to undertake the daily operation and service work of the intermediary supermarket at the corresponding level, and organize the selection activities of the project owners at the corresponding level;
(two) the implementation and implementation of the intermediary supermarket system;
(3) Organizing and implementing the service evaluation of intermediary supermarkets at the corresponding level;
(four) to accept and deal with relevant consultations, coordinate the project owners and industry authorities to deal with relevant consultations, and assist in handling relevant complaints;
(five) to organize business training.
Article 10 Provincial industry authorities are responsible for coordinating the list of intermediary services in this industry, and industry authorities at all levels are responsible for sorting out, compiling, publishing and constantly improving the list of intermediary services in this sector. In accordance with the requirements of standardization and standardization, the name, type, establishment basis, administrative examination and approval items involved, price management methods and other elements of intermediary services in this sector are clearly defined, and they are responsible for the legality, standardization, effectiveness and accuracy of intermediary services in this sector.
The provincial department in charge of industry, which is involved in the supervision and management of qualifications, is responsible for sorting out the checking standards of the qualifications (qualifications) and the conditions of employees required by intermediary service institutions in this industry to settle in intermediary supermarkets.
Involving qualification (qualification) supervision and management of industry departments at all levels to find does not meet the conditions of the intermediary service institutions, notify the intermediary supermarket management institutions in accordance with the provisions of the intermediary supermarket to be retired, to cancel the qualification management of intermediary service institutions, in accordance with the relevant provisions; Earnestly perform the duties of industry supervision, carry out supervision and inspection and administrative law enforcement on intermediary service institutions in this industry according to laws and regulations, and strengthen the "double random and open" supervision and industry credit management; Handle the consultation and complaints about intermediary services, investigate and deal with the illegal acts of the intermediary service institutions, and feed back the relevant processing results to the intermediary supermarket management institutions and operating institutions.
Article 11 Relying on the provincial public credit information platform, the provincial social credit system construction lead department provides public credit information verification services for the credit management of intermediary supermarkets, and collects and shares the credit information generated by intermediary supermarkets according to laws and regulations.
Article 12 The competent pricing departments of governments at all levels shall formulate relevant charging policies and implement them for intermediary service charging items included in government pricing management; Market supervision departments at all levels shall supervise and inspect price activities according to law, and deal with price violations according to the Price Law of People’s Republic of China (PRC) and the Anti-monopoly Law of the People’s Republic of China, so as to maintain the order of intermediary charges.
Article 13 The financial departments at all levels provide financial guarantee for financial capital projects, and pay intermediary service fees with the financial capital project contract and the notice of winning the bid, or pay the required funds by the project owners themselves. Supervise and inspect the implementation of the relevant organs and institutions within their jurisdiction using financial funds to purchase intermediary services in intermediary supermarkets, and investigate and deal with illegal acts in the process of purchasing intermediary services with financial funds according to laws and regulations.
Article 14 Audit departments at all levels shall, in accordance with the law and regulations, implement audit supervision on matters related to intermediary supermarkets and intermediary services.
Chapter III Settlement Process
Article 15 The project owners and intermediary service agencies shall be responsible for the authenticity, accuracy and legality of the information and materials provided when they apply to settle in the intermediary supermarket, and shall abide by the supervision and management regulations of the intermediary supermarket.
After the project owner and intermediary service organization submit the application for settlement, the intermediary supermarket operation organization shall check the consistency of relevant contents and materials within 2 working days.
After the project owners and intermediary service agencies that have settled in submit the application for registration information change, the intermediary supermarket operating agency shall check the consistency of relevant contents and materials within 2 working days.
The registered place is the intermediary service organization outside the province and at the provincial level, and the provincial intermediary supermarket operation organization is responsible for checking; Intermediary service institutions registered at the city and county (district) level shall be checked by the intermediary supermarket operating institutions at the city and county (district) level where they are registered.
In addition to information involving state secrets, commercial secrets and personal privacy, the information of the intermediary service institutions applying for settlement shall be publicized in "Credit Guangdong Network" and intermediary supermarkets for 5 working days after verification, and shall be subject to social supervision.
Article 16 Intermediary service institutions shall be retired under any of the following circumstances:
(a) does not meet the conditions for entry;
(two) serious dishonesty;
(three) other violations of laws and regulations have been suspended or ordered not to carry out intermediary services.
An intermediary service institution that has been cleared out of an intermediary supermarket due to the above-mentioned situations (2) and (3) may not apply for entry within 2 years, unless otherwise stipulated by laws and regulations.
Article 17 Intermediary service agencies can apply to quit the intermediary supermarket after completing the projects they undertake.
Chapter IV Selection Process
Article 18 Project owners choose intermediary service agencies in intermediary supermarkets mainly in the following ways:
(1) Selection on the basis of merit: the project owner selects an intermediary service agency with excellent service, high score and good reputation by comparing the credit scores and response plans of the intermediary service agencies that signed up for the project;
(2) Random selection, in which the intermediary supermarket randomly selects the winning party from the intermediary service agencies that signed up for the project by computer random lottery;
(3) Bidding selection: intermediary service agencies participate in the project through one or more rounds of quotation, and intermediary supermarkets automatically determine the successful bidder according to the principle of the lowest price. If there are more than two same quotations after the specified time limit, the intermediary supermarket will automatically determine one as the winning bidder by random selection;
(four) direct selection, the project owner invited more than three qualified intermediary service agencies to sign up for the project, and directly selected the successful bidder;
(five) other selection methods confirmed by the provincial government service data management bureau.
Article 19 The project owner shall fill in and submit the information about the procurement project through the intermediary supermarket, and the intermediary supermarket operating agency shall conduct formal verification and issue a procurement announcement within 2 working days.
Article 20 Intermediary service institutions shall register through intermediary supermarkets before the deadline for registration. The time from the publication of the procurement announcement to the deadline for registration shall not be less than 2 working days.
Article 21 In any of the following circumstances, an intermediary service institution shall be avoided:
(1) The legal representatives or actual controllers of different intermediary service agencies participating in the procurement of the same project are the same person;
(2) The legal representative or actual controller of the intermediary service institution and the legal representative or project leader of the project owner unit have spouses, lineal blood relatives (including fictitious blood relatives), collateral blood relatives within three generations or close in-laws relations;
(3) Other circumstances that should be avoided.
Article 22 After the selection result is produced, the intermediary supermarket system will automatically publish the announcement of the selection result and publicize it for 2 working days. After the expiration of the publicity period, an electronic notification of the selection will be issued to the project owner and the selected intermediary service agency.
Article 23 The project owner and the successful intermediary service institution shall sign the contract within 15 working days from the date of issuance of the successful notice.
The financial capital project contract shall be made public in the intermediary supermarket within 5 working days from the date of signing the contract, except for the contract contents that should be kept confidential or not made public according to law.
Article 24 The successful intermediary service institution shall provide services to the project owner according to the scope and time limit agreed in the contract. In addition to the contents that should be kept confidential according to law, the service results of financial capital projects should be uploaded to intermediary supermarkets. The service results of social capital projects shall be agreed by the project owners and intermediary service agencies themselves.
Chapter V Credit Management
Article 25 The project owner shall, within 5 working days after the intermediary service institution performs the service, evaluate the satisfaction of the intermediary service institution in the intermediary supermarket, and the evaluation results shall be included in the credit score of the intermediary service institution.
Article 26 If the intermediary service institutions have bad behaviors, and the circumstances do not reach the general dishonesty, the intermediary supermarket operating institutions will issue an early warning notice of dishonesty in the intermediary supermarket after verification.
Article 27 Intermediary service institutions have one of the following acts, and the intermediary supermarket management institution shall, after verification with the relevant departments, record it as a general act of dishonesty:
(1) Abandoning the successful result or not signing a contract with the project owner on time without justifiable reasons;
(two) to raise the service fee without authorization or to ask the project owner to increase the service fee in disguise;
(3) Failing to complete the service according to the service time required by the contract without justifiable reasons;
(4) Failing to provide services according to the professional norms, and the service quality is not up to standard, and being returned by the competent department of the industry because the service results do not meet the requirements of the professional norms;
(five) there are circumstances that should be avoided but not avoided;
(six) it has been verified that the relevant promises of trustworthiness have not been fulfilled;
(seven) as a complainant in the intermediary supermarket for more than three times in one year, the complaint is unfounded;
(eight) other acts that should be recorded as general dishonesty.
Article 28 Intermediary service institutions have one of the following acts, and the intermediary supermarket management institution shall, after verification with the relevant departments, record it as a serious act of dishonesty:
(1) Providing false materials to settle in an intermediary supermarket;
(two) different intermediary service agencies that sign up for the same project use the same network address to sign up and handle business;
(three) colluding with the project owners or other intermediary service agencies to disturb the order of fair competition;
(four) in providing intermediary services, taking advantage of the practice to seek illegitimate interests;
(five) bribing the project owner, the parties to the transaction and other relevant personnel;
(6) Subcontracting or subcontracting the project in violation of laws and regulations or in violation of the contract;
(seven) the use of supervision, evaluation, audit and other service advantages to interfere with the daily operations of other intermediary service institutions or require other intermediary service institutions to transfer benefits;
(eight) fabricating facts, providing false materials, and obtaining proof materials by illegal means to make complaints;
(9) Being included in the blacklist of joint punishment for dishonesty by the relevant industry authorities;
(ten) within 2 years (not counting the time of suspension of service), there have been three times of general dishonesty;
(eleven) without justifiable reasons, refused to accept the intermediary supermarket management agencies, industry departments to ask for verification, processing conclusions;
(twelve) other acts that should be recorded as serious dishonesty.
Article 29 If an intermediary service institution has a general dishonesty in an intermediary supermarket, the intermediary supermarket management institution shall suspend the intermediary service institution from participating in undertaking intermediary services for 3 months; If there are two acts of general dishonesty within one year (not counting the time of suspension of service), their participation in undertaking intermediary services will be suspended for 6 months; Serious dishonesty, according to the provisions of article sixteenth of these measures.
Except for matters that need to be kept confidential by law, the records and handling information about dishonesty shall be published in the intermediary supermarket within 2 working days. The publicity period of early warning of dishonesty is 1 month, that of general dishonesty is 3 months, and that of serious dishonesty is 2 years.
Article 30 The record of dishonesty acts as the basis of credit score. Credit information that should be publicized according to law shall be publicized in "Credit Guangdong Network".
Chapter VI Consultation and Supervision
Article 31 Guangdong government service consultation and complaint platform, 12345 hotlines in various cities and intermediary supermarket systems accept consultation. The consultation reply shall be completed within 2 working days. If it cannot be completed on time, an application for extension shall be filed before the expiration of the processing period, and the extension shall be limited to one time. The extension period is the same as the processing period.
Article 32 The complainant can lodge a complaint directly to the intermediary supermarket management institution or the relevant industry authorities in the transaction place, or through the intermediary supermarket system.
Article 33 If the complainant makes a complaint through the intermediary supermarket system, the intermediary supermarket system will handle it according to the type of complaint and the division of responsibilities.
Intermediary supermarket management agencies accept and deal with complaints such as the process and results of intermediary supermarket entry, selection process and results, service quality and service timeliness of intermediary supermarket operators, and decide whether to accept or not within 2 working days after receiving complaints. If it decides to accept it, it shall make a decision within 15 working days after making the acceptance decision. If it is not accepted, it shall explain the reasons.
The competent department of industry accepts and handles the complaints that violate the laws and regulations of industry supervision, and feeds back the relevant acceptance and handling results to the intermediary supermarket management institution at the same level.
Article 34 Except for matters that are legally confidential, the decision on complaint handling shall be announced in the intermediary supermarket within 2 working days.
Article 35 Departments in charge of industries at all levels, management agencies and operating agencies of intermediary supermarkets, owners of financial capital projects and relevant staff members have violated laws and regulations, and shall be dealt with or punished by the competent authorities. If the case constitutes a crime, criminal responsibility shall be investigated according to law.
Chapter VII Supplementary Provisions
Article 36 These Measures shall be interpreted by the provincial government service data management bureau, and shall be responsible for formulating the detailed rules for implementation.
Article 37 These Measures shall come into force as of February 1, 2021 and shall be valid for 5 years.