Registration and Management Measures for Commercial Mediation Organization of Hainan Free Trade Port

en.hainan.gov.cn

Updated: 2025-11-03

(On February 17, 2025, the 55th Standing Meeting of the Eighth Provincial Government reviewed and passed the Hainan Provincial People's Government Order No. 329 on February 22, 2025, announced that it will come into effect on March 1, 2025)

Article 1 In order to standardize the registration and management of commercial mediation organizations within the Hainan Free Trade Port, this Measures are formulated in accordance with the provisions of the "Hainan Province Regulations on Diversified Dispute Resolution", the "Hainan Free Trade Port Commercial Mediation Regulations" and other relevant laws and regulations, and in combination with the actual situation of Hainan Free Trade Port.

Article 2 These Measures shall apply to the registration and management activities of commercial mediation organizations in Hainan Free Trade Port.

The commercial mediation organization referred to in these Measures refers to a non-profit legal person established in accordance with the provisions of these Measures to carry out commercial mediation and resolve commercial disputes.

Article 3 The judicial administrative department of the provincial people's government is responsible for the registration and management of commercial mediation organizations, implements annual inspections of commercial mediation organizations, and organizes the preparation of the Hainan Free Trade Port commercial mediation development plan.

The judicial administrative departments of people's governments at or above the county level are responsible for organizing, coordinating and guiding commercial mediation work within their administrative regions.

Article 4 Hainan Free Trade Port Mediation Industry Association is an industry self-discipline organization for commercial mediation organizations and commercial mediators. It supervises the professional activities of commercial mediation organizations and commercial mediators in accordance with the law, formulates industry norms, management of commercial mediators rosters, and punish rules, accepts, investigates, and handles complaints against commercial mediation organizations and commercial mediators, and accepts guidance and supervision from the judicial administrative department of the provincial people's government.

Article 5: The Hainan Free Trade Port domestic chambers of commerce, industry associations, private non-enterprise units, commercial arbitration institutions, etc. may apply to establish commercial mediation organizations.

The establishment of a commercial mediation organization shall meet the following conditions:

(1) The name should contain the words "commercial mediation";

(2) Have your own residence in Hainan Free Trade Port;

(3) Have your own charter and organizational structure;

(4) Have the venues, facilities and assets of more than RMB 100,000 for mediation;

(5) There are more than five commercial mediators and more than two auxiliary personnel.

Article 6 The font size in the name of a commercial mediation organization shall be composed of more than two Chinese characters that comply with national standards and shall not contain the following content and text:

(1) Those who harm national interests, public interests or socialist moral customs do not respect national or religious customs;

(2) The name of a political party, the name of a party, government and military organs, the name of a mass organization, the name of a social group and its abbreviation;

(3) National name, major festival name, administrative division name or place name at or above the county level;

(4) Foreign countries (regions) names, international organizations and their abbreviations;

(5) It may cause deception or misunderstanding to the public;

(6) Chinese pinyin letters, foreign letters, Arabic numerals, and texts that are all composed of Chinese numerals or have sorting properties;

(7) There are words such as "China", "China", "National", "National", "Group", and "Alliance";

(8) The same or similar font size as the names of other commercial mediation organizations that have been registered and established in accordance with the law;

(9) The Chinese translation size is the same or similar to the Chinese translation in the name of an overseas commercial mediation organization that has established a business in accordance with the law;

(10) Other inappropriate content and text.

Article 7 When establishing a commercial mediation organization, an application shall be submitted to the judicial administrative department of the provincial people's government and the following materials shall be submitted:

(1) Application form;

(2) Drafts of name, articles of association, mediation rules, charging standards, etc.;

(3) Residence (site) certificate and capital verification report;

(4) Basic information and supporting materials for the applicant, the intended person in charge, and the intended appointment of commercial mediators and auxiliary personnel;

(5) Relevant materials for the proposed appointment of commercial mediators included in the list of commercial mediators in Hainan Free Trade Port.

The applicant shall be responsible for the authenticity, legality and validity of the application materials.

Article 8 The articles of association of a commercial mediation organization shall include the following contents:

(1) Name and residence;

(2) Adhere to the leadership of the Party and strengthen the construction of Party organizations;

(3) Purpose and business scope;

(4) Organizational form;

(5) The amount and source of assets established;

(6) The responsibilities of the person in charge and the procedures for arising and changing;

(7) Decision-making and management organization establishment and responsibilities;

(8) The rights and obligations of commercial mediators;

(9) Reasons, procedures and liquidation methods for dissolution or termination;

(10) The procedures for interpreting and amending the articles of association;

(11) Other matters that need to be stated.

The content of the articles of association of the commercial mediation organization shall not conflict with relevant laws, regulations or rules.

The Articles of Association of Commercial Mediation Organization shall take effect from the date on which the judicial administrative department of the people's government makes a decision to approve the establishment.

Article 9 The judicial administrative department of the provincial people's government shall handle the application of the establishment of a commercial mediation organization according to the following circumstances:

(1) If the application materials are complete and meet the statutory form, they shall be accepted;

(2) If the application materials are incomplete or do not comply with the statutory form, the applicant shall be informed on the spot or within three working days from the date of receipt of the application materials. If the applicant makes corrections as required, it will be accepted; if the applicant fails to inform him within the deadline, the acceptance will be accepted from the date of receipt of the application materials;

(3) If the application matters obviously do not meet the statutory conditions or the applicant refuses to make up for the correction or cannot make up for the relevant materials, they will not be accepted and the reasons will be explained in writing to the applicant.

Article 10 The judicial administrative department of the provincial people's government shall review the application within 20 working days from the date of acceptance and make a decision on whether to approve the establishment. If the establishment is approved, registration will be given and a license will be issued to the applicant; if the establishment is not approved, the reasons will be explained in writing to the applicant.

During the review process, the judicial administrative department of the provincial people's government may solicit opinions from the judicial administrative departments of the people's governments in the city, county, and autonomous county where the commercial mediation organization is planned to be established; for those who need to investigate and verify the relevant situation, the applicant may be required to provide necessary materials, or the judicial administrative departments of the people's governments in the city, county, and autonomous county where the commercial mediation organization is located for verification.

Article 11 Registration is not allowed if any of the following circumstances occurs:

(1) If the conditions stipulated in Article 5 of these Measures are not met;

(2) Conceal the relevant situation or provide false materials when applying for establishment;

(3) The intended person in charge has been criminally punished for intentional crime or does not have full civil capacity;

(4) Other circumstances stipulated by laws and regulations.

Article 12 If a commercial mediation organization needs to change its name, address, person in charge, articles of association and other registration matters, it shall apply for change of registration to the judicial administrative department of the provincial people's government within 30 days from the date of making the change resolution or decision.

Article 13 If a commercial mediation organization is registered by improper means such as deception and bribery, the judicial administrative department of the provincial people's government may revoke the commercial mediation organization registration in accordance with the law.

Article 14 If a commercial mediation organization is in any of the following circumstances, it shall be terminated:

(1) If the statutory establishment conditions cannot be maintained or has been rated as unqualified for two consecutive years in the annual inspection, and still fails to meet the conditions after rectification within a specified period of time;

(2) If the dissolution is made at your own discretion or the termination is incurred as stipulated in the articles of association;

(3) The registration of a commercial mediation organization is revoked or withdrawn in accordance with the law;

(4) After obtaining the establishment license, the commercial mediation organization fails to open its business within six months or stops business activities for one year without a legitimate reason;

(V) Other circumstances stipulated by laws and regulations.

Commercial mediation organizations shall not decide to dissolve the matter on their own during the period of punishment investigation.

Article 15 If a commercial mediation organization is terminated, it shall be announced to the public and liquidated in accordance with relevant regulations. During the liquidation period, commercial mediation organizations shall not carry out activities unrelated to liquidation.

The legal representative or person in charge of a commercial mediation organization shall submit a cancellation application and a liquidation report within fifteen days from the date of completion of the liquidation, and the judicial administrative department of the provincial people's government shall complete the cancellation registration procedures and recover the license. The transfer and disposal of its business files, accounting books, and seals shall be handled in accordance with relevant regulations.

Article 16 The judicial administrative department of the provincial people's government shall publish to the public the name, address, business scope, person in charge, change and cancellation information of the commercial mediation organization registered by them.

Article 17 Commercial mediation organizations shall submit the previous year's work report to the judicial administrative department of the people's government of the city, county, and autonomous county before January 31 each year and undergo annual inspection. The content of the work report shall include the compliance of the commercial mediation organization with laws, regulations and national policies, the implementation of registration procedures in accordance with these Measures, the business development, personnel and institutions changes, and financial management.

The judicial administrative departments of the people's governments of cities, counties and autonomous counties shall complete the preliminary review before March 1 each year, make recommendations on evaluation and submit them to the judicial administrative departments of the people's government.

After receiving the preliminary review opinions and evaluation suggestions, the judicial administrative department of the provincial people's government shall review, evaluate and make public announcements to the public, and the public announcement period shall not be less than seven days.

Article 18 When the judicial administrative department of the provincial people's government evaluates the commercial mediation organization level, it shall seek the opinions of the Hainan Free Trade Port Mediation Industry Association. The assessment grades of commercial mediation organizations are divided into two grades: "qualified" and "failed".

Article 19 If the annual evaluation of commercial mediation organizations is rated as unqualified, the judicial administrative department of the people's government of the city, county, and autonomous county where it is located shall warn and talk to its legal representative or person in charge, order the correction, and supervise the rectification situation.

Article 20 If judicial administrative departments and their staff abuse their power, neglect their duties, or commit favoritism and fraud in the registration and management of commercial mediation organizations, they shall be held criminally responsible in accordance with the law; if they do not constitute a crime, they shall be punished according to law.

Article 21 The specific methods for annual inspection and evaluation of commercial mediation organizations and the specific methods for overseas commercial mediation organizations to apply for establishment of business institutions in the Hainan Free Trade Port shall be formulated separately.

Article 22 Commercial mediation organizations established before the implementation of these Measures shall apply for re-registration in accordance with the relevant provisions of these Measures within six months from the date of implementation of these Measures, and may use the name at the time of establishment.

Article 23 If laws and regulations have other provisions on the registration and management of commercial mediation organizations, such provisions shall prevail.

Article 24 This Measures shall come into effect on March 1, 2025.