Chinanews.com, April 30. The State Administration of Market Supervision and the Ministry of Civil Affairs have recently exposed 10 cases of illegal charges by industry associations, including illegal charges based on administrative powers, illegal collection of evaluation and compliance fees, illegal collection of membership dues from member companies, violation of clear pricing regulations, etc. Aspect content.
The two departments emphasized that the industry associations shall not charge any fees to the selection objects when they carry out appraisal and commendation activities.
Market supervision and civil affairs departments at all levels will seriously investigate and deal with illegal charges.
The news pointed out that the arbitrary charging behavior of industry associations eroded corporate profits, and the society reacted strongly.
Market supervision departments and civil affairs departments at all levels organize and carry out spot checks and inspections of industry associations' charging behavior, focus on standardizing and rectifying industry associations' arbitrary fees, reducing the burden on enterprises, and protecting and stimulating the vitality of market entities.
In order to effectively deter trade associations that violate laws and regulations, widely publicize the charging policy, and accelerate the creation of a good environment where they dare not charge, cannot charge, or do not want to charge, the recent investigation and punishment of typical cases of illegal charges by industry associations will be announced.
Relying on administrative power to charge illegal fees
(1) The Handan City Property Management Association of Hebei Province takes the opportunity to carry out the comprehensive credit evaluation work of property service enterprises entrusted by the administrative organs, and requires all companies that conduct comprehensive credit evaluation to join the association and participate in continuing education and training, and deductions are made for companies that do not participate in the training. Credit evaluation scores, a total of 113,500 yuan in training fees collected from September 2018 to March 2019, in violation of the "Notice of the General Office of the State Council on Further Strengthening the Management of Enterprise-related Fees to Reduce the Burden on Enterprises" (Guobanfa [2014] No. 30) Regarding the “Prohibition of Industry Associations and Intermediary Organizations Using Administrative Resources to Compulsory Collection of Fees, etc.” and the “Notice of the General Office of the State Council on Further Regulating the Charges of Industry Associations and Chambers of Commerce” (Guobanfa [2020] No. 21) Authorities may use industry influence to force market entities to participate in various fee-charging activities such as conferences, training, examinations, exhibitions, and overseas inspections, or to accept paid services from third-party institutions."
(2) The Shanghai City Appearance and Environmental Sanitation Industry Association relies on the matters entrusted by the administrative agency to organize enterprises to conduct inspections at designated institutions and obtain service fee sharing.
In accordance with the relevant requirements of Shanghai Municipal Environmental Sanitation Operation Vehicle Management, enterprises applying for environmental sanitation vehicle licenses and enjoying purchase tax deduction policies must first go to a designated testing company for testing; after passing the test, the Shanghai City Appearance and Environmental Sanitation Industry Association will report on the "Vehicle Management Information" The system" will be registered, and the "New Shanghai Municipal Environmental Sanitation Special Vehicle License Application Contact Form" will be reviewed and exported, which will be stamped and confirmed by the Shanghai Municipal Greening and City Appearance Administration. The relevant enterprises can apply for vehicle licenses and enjoy the purchase by the relevant departments with this contact form. Tax relief policy.
The Shanghai City Appearance and Environmental Sanitation Industry Association relies on the daily management of special vehicles for environmental sanitation entrusted by the Shanghai Municipal Greening and City Appearance Administration, and requires companies to go to the designated testing company for testing and obtain a 40%-50% share of the testing fee in the name of service fee. In 2016 By 2020, a total of 2.0737 million yuan was obtained, which violated the "Notice of the General Office of the State Council on Further Strengthening the Management of Enterprise-Related Fees and Reducing the Burden of Enterprises" (Guobanfa [2014] No. 30) on "Prohibition of industry associations and intermediary organizations from using administrative resources to compel Acts such as collecting fees" and the "Notice of the General Office of the State Council on Further Regulating the Fees of Industry Associations and Chambers of Commerce" (Guobanfa [2020] No. 21) "It is strictly forbidden to use statutory duties and administrative agency entrusted and authorized items to charge illegal fees".
(3) The Fujian Provincial Civil Air Defense Office requires that the supervisors responsible for civil air defense engineering construction supervision tasks within the province must hold the "Fujian Provincial Civil Air Defense Engineering Supervisor Job Training Certificate."
The Fujian Civil Air Defense Engineering Supervision Association relies on the requirement of the Fujian Civil Air Defense Office to carry out professional training in civil air defense engineering supervision. Relevant supervisors who want to obtain a training certificate to engage in related work can only participate in training in the association.
From January 2018 to September 2020, the Fujian Civil Air Defense Association collected a total of 4,422,400 yuan for training fees, which violated the "Notice of the General Office of the State Council on Further Strengthening the Management of Enterprise-related Fees to Reduce the Burden on Enterprises" (Guobanfa [2014] No. 30 ) Provisions on "It is strictly forbidden for industry associations and intermediary organizations to use administrative resources to compulsorily collect fees."
(4) The Nanning Construction Machinery Equipment Management and Supervision Station of Guangxi Zhuang Autonomous Region entrusts the Nanning Construction Machinery Equipment Industry Association (hereinafter referred to as the Machinery Equipment Association) to handle the preparation of the registration card and the registration certificate related to the registration of the property rights of construction cranes.
Relying on the above-mentioned entrusted matters, the Machinery and Equipment Association signed a "service agreement" with the company, and charged service fees according to the number, type and items of the equipment for the company's property registration. From January 2019 to September 2020, a total of 1.2017 million yuan was collected, which violated The State Administration of Market Supervision and other seven ministries and commissions "Notice on Further Strengthening the Governance of Charges for Enterprises Involving Violations" (Guoshijian Competition [2019] No. 150) "It is strictly forbidden for government departments to pass on their own expenses to enterprises, and industry associations and government departments are strictly prohibited. Subordinate units borrowed administrative power to charge illegal fees".
Violation of the collection of evaluation fees and commendation fees
(5) The China Jewelry, Jade and Jewelry Industry Association carried out the "Tiangong Refined" International Fashion Jewelry Design Competition without approval. From 2018 to 2019, its affiliated companies collected a sponsorship fee of 3.438 million yuan from the participants, which violated the "Social Organization" Interim Provisions on the Management of Appraisal and Recognition Activities (National Evaluation Group Fa [2012] No. 2) "National social organizations carry out appraisal and commendation activities, and submit them to the Party Central Committee and the State Council for approval in accordance with procedures.... No fee shall be charged to the selection objects, and no Charge various relevant fees before and after the selection or charge in disguised forms by other means”.
(6) In July 2019, the Liaoning Information and Communication Industry Association held the publication and evaluation activities of the results of the 4th Excellent Quality Management Team of the Provincial Information and Communication Industry, and collected relevant fees of RMB107,100 from participating companies, which violated the "Social Organization Evaluation Standards Recognition Activity" The Provisional Regulations on Administration (Guo Ping Zu Fa [2012] No. 2) stipulates that “adhere to the principle of non-profitability, and shall not charge any fees to the selection objects, and shall not charge various related fees before and after the selection or charge in disguised forms by other means”.
(7) Henan Engineering Construction Association collected 288,000 yuan of activity funds from participating units in the Henan Engineering Construction Quality Management Team Competition in 2020, which violated the "Interim Regulations on the Management of Social Organization Evaluation and Recognition Activities" (National Evaluation Zufa [2012] No. 2) stipulates that "no fees shall be charged to the selection objects, various related fees shall not be charged before and after the selection or fees in disguised forms shall not be charged by other means".
(8) The Wuhan Municipal Industry Association of Hubei Province has carried out the Wuhan Municipal Engineering Gold Award selection activity without approval. From 2019 to 2020, the participating units of the winning project will be charged a total of 1,292,500 yuan for the award production fee, which violates the "Social Organization Evaluation and Recognition Activity" "Interim Regulations on Administration" (State Evaluation Group [2012] No. 2) "Local social organizations carry out appraisal and commendation activities, and report to the provincial (autonomous region, municipality) party committee and government for approval in accordance with the procedures... Charge various relevant fees before and after the selection or charge in disguised forms by other means”.
Charge membership fees to member companies in violation of regulations
(9) The Shenzhen Construction Engineering Transportation Vehicle Association of Guangdong Province did not collect membership fees in accordance with the standards stipulated in the articles of association. Instead, it charged a floating membership fee based on the actual number of vehicles owned by member companies at a standard of 200 yuan per year per vehicle. December 2019 As of August 2020, a total of 466,600 yuan was collected in excess of membership fees, which violated the "Shenzhen Special Economic Zone Industry Association Regulations" (Announcement No. 161 of the Standing Committee of the Sixth Shenzhen Municipal People’s Congress) "violating laws, regulations and articles of association, and reporting to members "Charge or apportionment" regulations.
Violation of the clear price regulation
(10) The pressure equipment system safety management evaluation fee published by the China Special Equipment Safety and Energy Conservation Promotion Association already includes travel expenses. After the association collects the safety management evaluation fee according to the published standards, it also collects additional travel expenses from the enterprise. From January 2018 to A total of 770,900 yuan was collected in September 2020, which violated Article 19 of the "Regulations on the Implementation of Clear Marking of Goods and Services" (Order No. 8 of the State Development and Planning Commission of the People's Republic of China) "Operators shall not sell at a price increase in addition to the marked price. Commodities shall not be charged any fees that are not indicated".
The news pointed out that the local market supervision departments and civil affairs departments have made administrative penalties, lowered the conclusions of annual inspections, and ordered the refund of fees collected in violation of regulations on the above-mentioned associations in accordance with laws and regulations.
The General Administration of Market Supervision and the Ministry of Civil Affairs emphasized that industry associations must strictly abide by relevant national charging policies: First, unless otherwise provided by laws and regulations, market entities have the right to independently decide to join or withdraw from industry associations and other social organizations, and no unit or individual may interfere. .
Second, industry associations must not rely on administrative agencies or use industry influence to force market entities to participate in various fee-charging activities such as conferences, training, examinations, exhibitions, and overseas inspections, or accept paid services from third-party institutions.
The third is that the industry association is entrusted by the administrative agency to carry out various activities such as technical review, evaluation, review, inspection, testing, and appraisal of the enterprise, and shall not charge the enterprise.
Fourth, the industry association undertakes the work of vocational qualification certification and shall not charge any other fees except examination fees and appraisal fees.
Fifth, the industry associations carry out appraisal and commendation activities, and must not charge any fees to the selection objects.
Market supervision and civil affairs departments at all levels will pay close attention to the charging behavior of industry associations, and seriously investigate and deal with illegal charges. If the general public finds clues about the illegal charging of industry associations, they can contact government departments through channels such as the national 12315 platform or the Chinese social organization government service platform. reflect.