Administrative Measures On Internet Transaction

Original Language Title: 网络交易管理办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201503/20150300398660.shtml

Administrative measures on Internet transaction

    (Released January 26, 2014 the State administration for industry and commerce, the 60th since March 15, 2014) Chapter I General provisions

    First article for specification network commodity trading and the about service, protection consumers and operators of lawful rights and interests of, promote network economic continued health development, according to consumers interests protection method, and products quality method, and anti-not due competition method, and contract method, and trademark law, and advertising method, and infringement responsibility method and electronic signature method, legal, and regulations, developed this approach.

    Article in the People's Republic of China online commodities trading and related services in the territory shall abide by the People's Republic of China laws and regulations and these regulations.

Article online commodity trading in these measures refers to via the Internet (mobile Internet) sales of goods or services and business activities.

    The services mentioned in these measures refers to provide third-party transactions for online commodity trading platforms, publicity and promotion, credit evaluation, payment, logistics, delivery, access and server hosting, virtual space hosting, Web page design and other for-profit services.

    Article fourth online commodity trading and related services should follow the principles of voluntariness, fairness, honesty, adherence to business ethics and customs.

    Article fifth encouraged product managers, service managers and innovation support network business model, improve service levels, and promote the development of the network economy.

    Sixth to encourage support of the network operator and the operators of goods established industry organizations, establish an industry Convention, promoting construction of credit, strengthening self-discipline, promoting the development of industry standards.

    Chapter operators of online goods and service obligations of business operators

    Section I General provisions

Article seventh online commodity trading and related service providers, shall go through registration. Online commodity trading natural person through third-party trading platforms and activities, and trading platform to third parties to submit their name, address, valid identification, effective contact and identity information.

Conditions of registration, business registration law.

    Online commodity trading and related service providers of goods or services provided as part of laws, administrative regulations or the State Council decided that it should be an administrative license, shall obtain a license.

    Article eighth administration of industry and commerce registration and business license of the legal persons, other economic organization or individual businesses, online commodity trading and information services, should be on their website Home or business home page prominently open business license of the information or its certificate of the electronic link logo. Nineth online trading commodities or services shall conform to the provisions of the laws, regulations and rules.

    Laws and regulations prohibiting the trading of commodities or services, an operator shall not carry out transactions online.

    Tenth network operators selling goods to consumers of goods or services, shall comply with the consumer protection law and the product quality law and other provisions of law and rules and regulations and must not harm the legitimate interests of consumers.

    11th article network commodity operators to consumers sales commodity or provides service, should to consumers provides business address, and contact way, and commodity or service of number and quality, and price or costs, and perform term and way, and paid form, and back replacement way, and security note matters and risk warning, and after-sales service, and civil responsibility, information, take security guarantees measures ensure trading security reliable, and according to commitment provides commodity or service.

    12th online commodity operators selling goods or providing services shall guarantee the integrity of the goods or services may not be unreasonable to split the sale of goods or services shall determine the minimum standards of consumption or charging unreasonable fees. 13th online commodity operators selling goods or providing services shall, in accordance with relevant regulations of the State or commercial practices to consumers issued invoices and other proof of purchase or service; their consumers consent, may be issued in electronic form.

Electronic voucher purchases or service, can be used as a basis for dealing with consumer complaints.

    Consumers to ask for receipts and other proof of purchase or service, online commodity operators must issue.

    14th article provided by the network operator and the operators of goods goods or service information should be true and accurate, and shall not make false advertising and false representation.

    15th network operator and the operators of goods sales of goods or services, shall abide by the trademark law, of the provisions on administration of Enterprise name registration and other laws and regulations, the provisions of regulation, shall not infringe upon the right to exclusive use of registered trademarks, the right and other rights.

16th online commodity operators selling goods, consumers have the right to return in the 7th from the date of receipt of the goods, without giving a reason, but except for the following:

(A) consumers;

(B) perishable;

(C) download or online consumers opened audio-video products, computer software and other digital products;

(D) the delivery of newspapers and magazines.

Apart from the items listed in the preceding paragraph, and other properties, and confirmed by the consumer at the time of purchase of goods not suitable for return of goods is not applicable no reason to return. Consumers return the product intact. Online commodity trader shall from the date of receipt of the returned goods returned within the 7th product price paid by consumers.

    Return shipping charges borne by the consumers of the goods; network products agreed by the operators and consumers, in accordance with the contract.

17th online commodity operators and the operators in the business activities using the standard clauses of the contract, shall comply with the provisions of the laws, regulations and rules, in accordance with equitable principles to determine the rights and obligations of the parties to the transaction, significant ways to draw consumers attention stakes related to the consumer provisions, and explained according to the customer's requirements.

    Online commodity operators, relevant service operators are allowed to contract format terms to exclude or limit consumer rights of operators or mitigated punishment or be exempted from responsibility, consumer responsibility to the consumer provisions of the unfair and unreasonable, must not use the standard clauses of the contract with the help of technical means to force trade. 18th network service operators in the business activities related to product managers, collection, use information consumers or operators shall follow the principle of legal, legitimate and necessary, express collection, use, purpose, manner and scope of information, and agreed by the collector.

The network operator and the operator's collection, use, consumer goods or the operator for information, should open its rules governing collection, use, and shall not violate the laws and regulations of and agreed to collect and use information. Network product managers, service managers and their staff to collect consumer personal information or data information for operators of commercial secrets must be kept strictly confidential and shall not disclose, sell or illegal to others. Online commodity operators, the operators concerned shall take measures and other measures as may be necessary to ensure information security, prevention of information leakage, loss.

Occurs or may occur when information leakage, loss, should take immediate remedial measures.

    Network operator and the operators of goods without the consumer's consent or request, or explicitly rejected by the consumer, not to send commercial electronic messages. 19th network operator and the operators of goods sales of goods or services, shall comply with the provisions of the law against unfair competition and other laws and may not be to the detriment of other operators without competition the legitimate rights and interests, disrupt social and economic order.

Meanwhile, must not use the network tool or carrier or any other means, to engage in the following acts of unfair competition:

(A) the unauthorized use of a well-known site-specific domain names, names, logos or use related to the well-known website domain name, name, identity, confused with other well-known sites, resulting in consumers mistake;

(Ii) unauthorized use of electronic identity, forgery of government departments or social groups, misleading false propaganda;

(C) with virtual goods as prizes for raffle prize, virtual goods market a network contract amounts exceed the limit permitted by laws and regulations;

(D) based on fictitious transactions to remove the negative evaluation forms, business credibility for themselves or others;

(E) to deal honestly evaluation of malicious harm a competitor's business reputation;

    (F) the laws, regulations and other acts of unfair competition.

    20th network product operator, relating to service providers on a competitor's website or illegal technology attack page, causing competitors unable to operate normally.

    Article 21st online commodity operators, the operators concerned shall, in accordance with provisions of the State administration for industry and commerce to local industrial and commercial administrative departments, submitted statistics.

    Section II special provisions on third party trading platform operators

22nd third party trading platform operators should be the Administrative Department for industry and commerce registration and business license of the enterprise.

    Third-party trading platforms referred to in the preceding paragraph, means for trading online commodity trading activities in parties or provide Web space, virtual locations, trading rules, dealmakers, information services, for transactions between two or more parties to transactions independently of information network systems.

    Article 23rd third party trading platform operators should apply for entry into the sold goods or providing services to legal persons, other economic organization or individual business subject for review and registration, establishment registration files and regular verification updates, engaged in business activities in its main page prominently open business license of the information or its certificate of the electronic link logo.

    Third-party trading platform operators should not yet have industrial and commercial registration requirements, application access platform sales merchandise or information about the true identity of natural persons to supply services for review and registration, establishment registration files and regular verification updates, issuing personal identification information is true and valid markup, load the home page prominently engaged in business activities.
Third-party trading platform operators to review and registration, the registration agreement should be made aware of and agreed with each other, drew the attention of the other obligations and responsibilities clauses.

    Article 24th third party trading platform operators should sell goods or provide services and applications into platforms operators entered into an agreement to identify entry and exit the platform, the quality of goods and services, security, consumer protection and other rights, obligations and responsibilities. Third party trading platform operators to modify their agreement with platform operator, trading rules, shall follow the principles of openness, continuous, rational, modify content at least 7th should be publicized and inform the relevant operators.

    Platform operators do not accept the agreement or rules modifying the content, the application exit platform, third-party trading platform operators should be allowed to pull out, and according to the original agreement or rules related to responsibility. 25th third party trading platform operators shall set up a platform in the trade rules, trade security, consumer protection, information processing and other management systems.

    The management system shall be displayed on its website, and technically ensure the convenience of users, read in its entirety, and save.

    Third-party trading platform operators shall take the necessary technical means and management measures to ensure the normal operation of the platform, providing the necessary and reliable transaction environment and services, and maintains the online transaction order.

26th third party trading platform operators through the platform should be selling goods or providing a service operator and a release of goods and services, information and inspection monitoring system, found guilty of acts of Administration for industry and commerce laws, rules, regulations, and shall report to the platform operators to local industry and Commerce Administration Department, and take measures to prevent and, if necessary, to stop trading platform to provide third party services.

    Industrial and commercial administrative departments found in the platform a violation of Administration for industry and commerce laws, regulations, rules of behavior, lawful third party trading platform operators to take measures to stop, third-party operators shall cooperate with the trading platform.

    27th third party trading platform operators should take the necessary measures to protect registered trademark right and Enterprise name right and other rights, on the right there is evidence showing that the platform operators to commit violations of its registered trademark right and Enterprise name right and other rights of the implementation or prejudice its legitimate rights and interests of other acts of unfair competition, and shall take the necessary measures in accordance with the law on tort liability. 28th third party trading platform operators should establish a consumer dispute settlement and safeguarding consumers ' self-regulatory system.

    Consumers buying goods or services in the platform, and when there is a consumer dispute or damage to their legitimate rights and interests of consumers requires the platform to mediate, the platform should mediation; consumer rights through other channels, platforms shall provide the consumer with the operators of the true site registration information, actively assisting consumers to safeguard their legitimate rights and interests.

    Article 29th operators of third-party trading platforms in the platform on the commodities or services proprietary business shall be in a significant way to import parts and other operators of the platform part is differentiated and marked to avoid misleading consumers. Article 30th third party trading platform operators should review, records, saved in its platform released in goods and services, information content and release date.

    Within the platform operator's license or personal identity information from the operator on the platform of not less than two years from the date of registration, transaction records, and other information to record backup saves time not less than two years from the date of completion of the transaction.

    Third-party trading platform operators should adopt electronic signatures, data backup, recovery and other technical means to ensure that network data and data integrity and security, and should guarantee the authenticity of the original data.

    31st third party trading platform operators are planning to terminate the provision of third party trading platform of services, should be at least three months in advance on its Web site home page prominently be publicized and inform the relevant business operators and consumers, taking the necessary measures to safeguard the legitimate rights and interests of the relevant operators and consumers.

    32nd to encourage operators of third-party trading platforms for trading parties to provide fair and impartial credit ratings service, credit conditions objectively and impartially on the operators collecting and recording, building credit evaluation system, credit disclosure system to alert the risk. Article 33rd encourages third-party trading platform operators to establish consumer deposits.

    Consumer deposit should be used for the protection of consumers ' rights, shall not be diverted to purposes, usage should be open on a regular basis.

    Third party trading platform operator and the operator agreement to establish consumer deposits within a platform, the two consumer deposit extraction level, management, use, and clear terms such as refund made.

    Article 34th third party trading platform operators should actively assist the industrial and commercial administrative departments to investigate possible illegal business practices, provide suspected illegal business operators within its platform's registration information, transaction data and other information, not withholding the truth.

    Section III special provisions of other relevant service operators 35th for network products and provides network access, server hosting, virtual space hosting, website design and other services for service providers, shall require the applicant to provide proof of qualifications and personal identity information, sign a service contract, records information about its Internet according to law.

    Applications for business licenses or personal identity information to record backup saves time, since services such as the termination of the contract or to perform not less than two years from the date of the completion.

    Article 36th credit evaluation for network products and provides services for service providers, credit information should be collected through legal channels, adhere to the principles of neutrality, impartiality, objectivity, and shall not be adjusted to the user's credit ratings or related information, collect credit information shall not be used for any unlawful purpose.

37th providing promotional services for online commodity trading shall comply with the relevant laws, regulations and regulatory requirements.

    Via blogs, Twitter and other social networks carrier providing extension services, reviews of commodities or services and therefore access to rewards, shall truthfully disclose the nature, to avoid misleading consumers.

    38th for network products and provides network access, payment, logistics and courier services for the relevant service operators should actively assist the industrial and commercial administrative departments to investigate online commodity trading related offences, provides online commodity operators suspected of illegal business registration information, contact information, address and other relevant data, not withholding the truth.

    Chapter network supervision and administration of commodity trading and related services

    39th online commodity trading and related services, supervision and management of the Administrative Department for industry and Commerce above the county level are responsible for. 40th industrial and commercial administrative departments at and above the county level shall establish online commodity trading and related services, credit files and records results of daily supervision and inspection, violation investigated and dealt with, and so on.

    According to archival records, network operators, the operators concerned implement credit classification supervision of goods. 41st online commodity trading violations by operators of illegal residence and related services industry and commerce administration departments at or above the County jurisdiction. Trading platform for doing business through a third party operator, violations committed by a third party trading platform operator's home jurisdiction of the industry and commerce administration departments at or above the County.

Third party trading platform operator's home jurisdiction of the industry and commerce administration departments at or above the County distributed illegal person have difficulties, you can transfer the violations of law-the law-industrial and commercial administrative departments at and above the County.

Two or more industrial and commercial administrative departments for online commodity trading and related services disputes the jurisdiction of the violation, and shall be submitted to the common level specified by the Administration for industry and Commerce Department jurisdiction.

    Has a significant impact for the country, and serious violations of consumer rights, the groups raised complaints or complex cases of illegal online commodity trading and related services by the State administration for industry and commerce is responsible for investigating or a designated provincial administration for industry and commerce are responsible for investigation and punishment.

    42nd online commodity trading and related service activities of consumer complaints to the administrative departments for industry and commerce in accordance with the measures for the industrial and commercial administrative departments to deal with consumer complaints.

43rd industrial and commercial administrative departments at and above the county level shall network suspected of illegal commodities trading and related services while investigating, may exercise the following powers:

(A) ask the interested parties to investigate persons suspected of illegal online commodity trading and related services;

(B) access to transaction data, copying parties, contracts, bills, account books and other relevant data;

(C) in accordance with the provisions of laws and regulations, sealing up, distraining for engaging in illegal online commodity trading and related services, products, tools, equipment and other items seized for engaging in illegal behavior online commodity trading and related services business premises;

(D) the laws, regulations, other measures can be taken.

    Industrial and commercial administrative departments according to law when exercising the powers prescribed in the preceding paragraph, the Parties shall assist and cooperate, and may not refuse or obstruct.

    44th Administration for industry and commerce on online commodity trading and technical monitoring and recording information about the service activity, can be used as a network of illegal commodity operators, related service providers to implement electronic data evidence of administrative punishment or administrative measures.

    Article 45th online commodity trading and related services activities in violation of industrial and commercial administration laws and regulations, if the circumstances are serious, need to take measures to combat the illegal Web site continues to engage in illegal activities, may, in accordance with the relevant provisions of the Administrative Department for industry and commerce, drawing attention to site license or record communications management department ordered a temporary block or stop the illegal Web site access.

    46th industrial and commercial administrative departments having given administrative penalties for violations of the site, you need to close the illegal Web sites, in accordance with the relevant provisions, drawing attention to site license or record communications management Department shall close the illegal Web sites.

    47th industrial and commercial administrative departments in the online commodity trading and related services found in regulatory activities should be undertaken by other departments investigate and deal with illegal acts, it shall transfer the relevant departments.

    48th industrial and commercial administrative departments at and above the county level shall establish online commodity trading supervision responsibility system and related services, to perform their duties.
The fourth chapter legal liability

    49th for acts in violation of these regulations, as otherwise provided by laws and regulations, from its provisions.

    50th article violates this article seventh paragraph II, 23rd, 25th, 26th, 29th, 30th, 34th, 35th, 36th, 38th article, with a warning and order them to correct, refuses, fined 10,000 yuan and 30,000 yuan fine.

    51st article violates these measures stipulated in article eighth and 21st, with a warning and order them to correct, refuses, fined 10,000 yuan fine.

    52nd in violation of the provisions of article 17th, in accordance with the relevant provisions of contract violations monitoring approach punishment. 53rd article violation this approach 19th article subsection (a) items provides of, according to anti-not due competition method 21st article of provides punishment; violation this approach 19th article subsection (ii) items, and subsection (four) items provides of, according to anti-not due competition method 24th article of provides punishment; violation this approach 19th article subsection (three) items provides of, according to anti-not due competition method 26th article of provides punishment; violation this approach 19th article subsection (five) items provides of, be warning, ordered corrected,

    And to a fine of up to 10,000 yuan and 30,000 yuan.

    54th in violation of the provisions of article 20th, with a warning and order them to correct, and to a fine of up to 10,000 yuan and 30,000 yuan.

    The fifth chapter by-laws

    55th through third party trading platform release of goods or profit-making services information, but not directly over the platform to complete the business activity, applicable regulations on online commodity trading in these measures.

    56th article of the approach by the State administration for industry and commerce is responsible for the interpretation.

    57th provincial administration for industry and Commerce according to the way of making online commodity trading and related services, regulatory implementation guidance. 58th article this way since March 15, 2014. State administration for industry and Commerce released on May 31, 2010, the online commodity trading and related services act abrogated the interim measures for the administration.