Online Commodity Trading And Related Services Interim Measures For The Management Of

Original Language Title: 网络商品交易及有关服务行为管理暂行办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201007/20100700259007.shtml

Online commodity trading and related services interim measures for the management of

    (May 31, 2010 the State administration for industry and commerce, the 49th release as of July 1, 2010) Chapter I General provisions

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

    Article online commodity operators and network service operators 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 operators mentioned in these measures refers to sales of goods through the network of legal persons, other economic organizations or individuals.

    Network operators in these measures refers to provides operational services through the network of legal persons, other economic organizations or individuals, as well as the operators of Web sites that offer online trading platform services. Fourth administrative departments for industry and Commerce encourages and supports the development of online commodity trading and related services, implement a more proactive policy, promoting the development of the network economy.

    Improve product operators and network service operator's overall quality and market competitiveness and exploit its role in promoting national economic and social development in the economy.

    Fifth industrial and commercial administrative departments in accordance with the functions for online commodity trading and related services providing equitable, fair, regulated and orderly market environment, promote and create a credit market environment, protect the legitimate rights and interests of consumers and business operators.

    Sixth network operators and Internet service providers in the network of goods commodity trading and related services must not harm the national interest and the public interest, without prejudice to the legitimate rights and interests of consumers.

    Article seventh network operators and Internet service providers in the network of goods commodity trading and related services should follow the principle of good faith, adherence to accepted business ethics.

    Article eighth network operators and Internet service providers in the network of goods commodity trading and related services should follow the principles of fair, just and voluntary, to protect national interests and social responsibility.

    Nineth encourages and supports network product operators and network operators establish a trade association established the network integrity systems, strengthening self-discipline, promoting construction of credit.

    Chapter II online commodity operators and network service operator's obligations

    Article tenth administrative departments for industry and commerce registration and business license of the legal persons, other economic organization or individual engaged in commodities trading and related services over the network, on its Web site home page or engaging in business activities page prominently open business license of the information or its certificate of the electronic link logo. Engaged in commodities trading and related services through the network of natural persons, should provide Internet trading platform operators to apply, submit their real identity information such as name and address.

    Meet the registration requirements, according to industry and commerce registration. 11th 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.

    12th online commodity operators and network service operators providing goods or services to the consumer, 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.

    13th online commodity operators and network service operators providing goods or services to consumers, should advance to the consumer that product or service name, type, quantity, quality, price, shipping rates, shipping methods, payment forms, returns and other major information, take security measures to ensure transaction safety and reliability, and provide goods or services as promised.

    Online commodity operators and network operators providing electronic contract format terms of service, 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, and reasonable and significant ways to draw consumers attention has significant relationships with consumer provisions, and in accordance with the provisions described in the requirements of consumers.

    Online commodity operators and network service operators not to take its consumer electronic standard contract clauses, unfair and unreasonable provisions, or reduce, exempt the operator obligations, liability provisions or to eliminate or restrict the rights of consumers.

    14th online commodity operators and network operators providing goods or services shall ensure the integrity of goods and services, goods and services may not be unreasonable to split the sale shall determine minimum standards and charging unreasonable fees. 15th online commodity operators and Internet service providers issue a proof of purchase or service to consumers, shall conform to the relevant regulations of the State or commercial practices; 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 ' demand for online commodity operators and Internet service providers issue a purchase or service voucher, the operator shall be issued. 16th online commodity operators and Internet service providers to collect consumer information, have a safe custody, fair use, and proper destruction obligations of limited duration; shall not collect information has nothing to do with the provision of goods and services shall not be improper use and shall not disclose, rent, sell.

    However, except as otherwise provided by laws and regulations.

    17th online commodity operators and network service operators published merchandise trade information and services shall be true and accurate, and shall not make false advertising and false representation.

    18th online commodity operators and network operators providing goods or services shall be governed by the trademark law and the anti-unfair competition 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.

    Article 19th online commodity operators and Internet service providers may not use network technology or carrier or any other means, the implementation of other damage the commercial reputation of the operator, product reputation and infringing commercial secrets and other acts of unfair competition.

    Chapter III obligations to provide online trading platform operators

    Article 20th offers online trading platform operators should be made available to applications through the Internet trading platform product or service of legal persons, other economic organizations or business of a natural person subject to review. Provide Internet trading platform operators should do not currently meet the industry and commerce registration requirements, applications through the Internet trading platform to provide product or service identity information for review and registration of natural persons, establishment registration files and periodically verify the update.

    Issuance of personal identification information is true and valid markup, load of the commodity or service activities on a Web page.

    Offers online trading platform operators in the review and registration, the registration agreement should be made aware of and agreed with each other, and drew the attention of the other obligations and liability provisions.

    21st offers online trading platform operators should apply to operators of online trading platform to trade contracts (agreements), clear both in the online trading platform entry and withdrawal, quality and safety of goods and services, protection, consumer rights and protection of the rights, obligations and responsibilities. 22nd provide Internet trading platform operators should establish a network trading platform management rules and regulations, including: trade rules, trade security, consumer protection, information processing and other rules and regulations.

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

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

    Article 23rd online trading platform operators should be provided through the Internet trading platform product or service providers, and publish information and inspection monitoring system of goods and services, found guilty of acts of Administration for industry and commerce laws, rules, regulations, and shall report to the local administration for industry and commerce, and take measures to prevent and, if necessary, to stop trading platform to provide network services.

    Industrial and commercial administrative departments found in the online trading platform a violation of Administration for industry and commerce laws, regulations, rules of behavior, legally required to provide online trading platform operators to take action to stop, offers Internet trading platform operators should cooperate.

    Article 24th online trading platform operators should take the necessary measures to protect registered trademark right and Enterprise name right and other rights, to the right person there is evidence that operators of online trading platform in the infringement of its registered trademark right and Enterprise name right and other rights of the implementation or prejudice the legitimate interests of its acts of unfair competition, and shall take the necessary measures in accordance with the law on tort liability. 25th offers online trading platform operators should take the necessary measures to protect the operators involved trade secrets or consumer personal data on information security. Non-consent of the parties, and shall not be disclosed to any third party, transfer, lease or sale of party lists, transactions and other data relating to operators ' trade secrets or personal information of consumers.

    However, except as otherwise provided by laws and regulations. Article 26th network trading platform operators should establish a consumer dispute settlement and safeguarding consumers ' self-regulatory system.
Online trading platform to purchase goods or services, consumers, consumer dispute or damage to their legitimate rights and interests, provide Internet trading platform operators should provide consumers with producers ' true site registration information, actively assisting consumers to safeguard their legitimate rights and interests.

    27th shall be encouraged to provide online trading platform operators to provide Parties with fair and impartial credit assessment service, credit conditions objectively and impartially on the operators collecting and recording, building credit evaluation system, credit disclosure system to alert the risk.

    28th providing Internet trading platform operators should actively assist the industrial and commercial administrative departments to investigate possible illegal business practices, within its online trading platform, providing illegal business operators ' registration information, transaction data and other information, not withholding the truth and shall not refuse or obstruct the administration of law enforcement inspection. Article 29th offers online trading platform operators should review, records, saved in its platform released on online commodity trading and related services information content and release date.

    Operators of business licenses or personal identity information from operators in the online trading platform for 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.

    Provide Internet trading platform operators should take the data backup, recovery and other technical means to ensure that Internet transactions data and data integrity and security, and should guarantee the authenticity of the original data.

    30th offers online trading platform operators should be in accordance with the provisions of the State administration for industry and Commerce submitted regularly to the local administration for industry and commerce online commodity trading and related services, operating statistics. 31st for online commodity trading and related services providing Internet access, server hosting, virtual network services operators for space rental and other services shall require the applicant to provide business qualifications and personal identity information, sign a network service contract, records information about its Internet according to law.

    Applications for business licenses or personal identity information, such as information to record backup saves time not less than 60 days.

    The fourth chapter network supervision and administration of commodity trading and related services

    Article 32nd online commodity trading and related services supervision and management of the County (county-level) or more industrial and commercial administrative departments in charge. Article 33rd industrial and commercial administrative departments at and above the county level shall establish a credit record.

    Records results of daily supervision and inspection, violation investigation and so on; according to archive records, network operators and network operators implement credit classification supervision of goods.

    Article 34th online commodity trading and related services 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, industrial and commercial administrative departments shall, in accordance with the relevant provisions, brought to the site permits communication management departments shall be ordered to temporarily block or stop the illegal Web site access.

    35th industrial and commercial administrative departments having given administrative penalties for violations of the site, you need to close the illegal Web site shall, in accordance with the relevant provisions, drawing attention to site license communication management departments shall close the illegal Web sites. Article 36th online commodity trading and related services violations violations of the site's operator's home jurisdiction of the industry and commerce administration departments at or above the County.

    Site 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.

    37th industrial and commercial administrative departments at and above the county level shall establish online commodity trading and related services, regulatory responsibility and accountability, to perform their duties.

    The fifth chapter legal liability

    38th article violates these rules, laws, regulations, penalties, penalty shall be imposed in accordance with the laws and regulations.

    39th disobey tenth article article, 28th, 29th, 30th, with a warning, rectification, it fails, fined 10,000 yuan fine.

    40th in violation of the provisions of article 20th, rectification, it fails and fined 10,000 to 30,000 yuan fine.

    41st article violates article 16th, 25th, violations of consumers ' personal information, with a warning, rectification, it fails, fined 10,000 yuan fine.

    Violation of article 25th, operator business secret infringement, in accordance with the unfair competition law and the regulations on the prohibition of the infringement of commercial secrets.

    The sixth chapter supplementary articles

    42nd article this way by the State administration for industry and commerce is responsible for the interpretation.

    Article 43rd Provincial Administration for industry and Commerce according to provisions of this approach to develop online commodity trading and related services Act implementation guidance. 44th article of the rules take effect on July 1, 2010.