Hangzhou City, Regulated By The Market Supervision And Management Regulations

Original Language Title: 杭州市市场调节价监督管理若干规定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201506/20150600399479.shtml

Hangzhou City, regulated by the market supervision and management regulations

    (August 30, 2013 City Government 13th times Executive Conference considered through October 8, 2013 Hangzhou City Government makes No. 275, announced since December 1, 2013 up purposes) first article to specification market price behavior, maintained normal of price order, protection consumers and operators of lawful rights and interests of, according to People's Republic of China price method, and State price violations administrative punishment provides, about legal, and administrative regulations of provides, combined this city actual, developed this provides.

    Article within the administrative area of the city is engaged in commodity production, operation or provision of paid services to legal persons, other organizations and individuals (hereinafter operator) shall comply with this regulation.

The third municipal, district (County, City) prices Department is responsible for the supervision and administration of market-regulated prices in the region.

    Finance, business administration, auditing, taxation, supervision and other relevant administrative departments shall, in accordance with their respective responsibilities, with the Department in charge of price supervision and management of market-regulated prices.

Fourth in goods and services, in addition to applicable government guidance prices or in the case of Government pricing, are market-regulated prices, produced by the operator based on operating costs and market supply and demand and priced independently.

    On the relationship between urban and rural residents benefit, implementing market-regulated prices for important goods and services, price authorities jointly with the relevant administrative departments to develop and publish the price rules of conduct, guide, standard operator prices independently.

Fifth business operators shall cooperate with the competent departments shall conduct price surveys and cost surveys, pricing, cost supervision and examination, price monitoring, price certification price supervision, provided to the Department in charge of price-related books, documents, electronic data and other information, and responsible for the authenticity, legitimacy and integrity of the information.

    Operators of Web sites that offer online trading platform services shall cooperate with the Department in charge of price supervision and inspection to carry out online trading and provides its online trading platform within the operator's registration information, transaction data and other information, and take measures to meet the Manager of the Department in charge of price suppression illegal pricing.

Article sixth sale, acquisition of goods and services should use price labels in accordance with regulations of the competent Department, indicating the product's name, origin, size, rank, unit, price or the services, content, specifications, grades, fees and other relevant information.

Operators by online sales of goods and provision of services, in addition to compliance with the provisions of the preceding paragraph, a description of goods or services to consumers in advance of shipping, shipping method, payment form, concessions and other key information.

    Operator's sales of goods and provision of services, shall not set minimum purchase amounts.

Seventh fraud operator shall not have the following prices:

(A) price tag, the list of the goods, such as name, country of origin, size, grade, quality, unit, price or service projects, standards and other relevant content and reality, and as a means to lure consumers or purchases of other business operators;

(B) for the same goods or services, in the same place at the same time using multiple price tag or the price list, attracting customers and settled at high prices at a low price;

(C) using deceptive or misleading language, words, pictures, units of measurement, such as the price, of inducing others to its transactions;

(D) the lowest market price, ex-factory prices, wholesale prices, special offers, the best prices and other price marking no basis or no comparison;

(E) denoted by the sale of goods or services, the discount rate does not match with the actual;

(F) when a commodity is sold, not labeled product name, price;

(VII) take additional gift when selling goods and services, does not accurately indicate the name, number of gift items or gift items to fake and shoddy goods;

(H) purchase and sale prices of goods and services with conditions attached, not labeled or vague marking conditions attached;

(I) the fictional price, price reasons, fictitious offers discounts, lied about the price or will raise prices to entice others to buy;

(X) lied about buying and selling prices higher or lower than the buying and selling prices of other operators to entice consumers or business operators trade;

(11) on the implementation of market-regulated prices of goods and services prices, lied to Government pricing or Government guidance prices;

    (12) the laws and regulations of other price fraud.

Eighth national economic and social development has a significant impact as well as the goods and services that are closely related to living, the operator shall not violate the provisions of laws and regulations for speculation, due to rising costs when you need to raise the price of goods or services, price increases should be based on the rate of increase in costs, and in an acceptable range.

Dominant position in the market operator sells goods and services shall not be any of the following acts:

(A) the conditions of use to trade against each other, the environment and so on, threat of counterparty to accept high prices of commodities or services;

(B) to specify the type, amount, extent, or tying, additional conditions such as mode, forcing the counterparty to accept high prices of commodities or services;

(C) as a counterparty default accepted way of disguised form the counterparty to accept high prices of commodities or services;

(D) administrative power to force the counterparty to accept high prices of commodities or services. High referred to in the preceding paragraph, refers to the price of goods or services provided by the operators was higher than the corresponding goods or services the average market price of a reasonable range.

    Provincial price departments authorized by the city and County (City) prices Department of law on commodity or service determined and the levels of average market prices and reasonable provisions.

    Nineth in accordance with laws, rules and regulations implemented after costs to the Department in charge of price under the record prices, the operator shall, before price, to the jurisdiction of the competent authorities.

Tenth industry organizations should strengthen industry price discipline, urging the operators to emergency measures in implementation of price controls, prices and other price measures, fair competition lead the industry operators, maintain the market price order, and shall not be any of the following acts:

(A) the formulation of rules to exclude, to limit price competition, decisions;

(B) the Organization managers reached a price-fixing agreement, or establish a price cartel;

    (C) the Organization operators in collusion, manipulation of market prices of other acts.

    The 11th municipal, district (County, City) prices Department improving price monitoring and early warning system, regulated under price control needs, implementation of Sentinel surveillance and market research visits to the combination of methods, for important goods and services prices, costs, market supply and demand, such as change tracking, collection, analysis, forecasting, reporting, publishing, and warning and other activities. 12th of municipal, district (County, City) prices Department according to the price monitoring reporting requirements, you can specify the operator price monitoring as fixed-point units, and appropriate economic subsidies. Cities and districts (counties and municipalities) in price monitoring survey carried out inspections, the Department in charge of price, but also to non-sentinel surveillance of the respondents give notice of special price survey.

Operators have an obligation to accept the price Department of price monitoring surveys.

    Price monitoring Sentinel units and non-sentinel surveillance of subjects should be in accordance with the provisions to release monitoring price monitoring surveys or inspections of the competent departments to provide reliable price data, shall not be false, conceal, refusing or delaying to report, or falsifying or tampering with the price monitoring information.

13th for the following article, cities and districts (counties and municipalities) people's Governments shall establish a reserve system, safeguard the supply of essential commodities to control prices and stabilize the market:

(A) food;

(B) edible oils;

(C) meat;

(D) major agricultural means of production;

    (E) the city and County (City) of the people's Governments of other key commodities.

14th of municipal and district (counties and municipalities) people's Governments shall establish a price regulation Fund, using a price regulation Fund to deal with sudden price fluctuations.

    Cities and districts (counties and municipalities) people's Governments shall establish a mechanism for temporary price subsidies for basic living expenses for low-income groups, issuing standard by the price departments together with civil affairs, Department of finance, statistics determination.

    15th price departments shall establish a price service system establishment and living close to the prices of essential commodities and services information, guide and operator norm prices, an industry group, pricing guide operators and consumers money.

16th under any of the following circumstances, price authorities can take notice, interview, written submissions, reminders, warn operators and industry organizations must assume the price obligations and may incur legal liability:

(A) implement market adjusted price of important goods and services prices rise sharply or has the potential to significantly increase;

(B) the general price level volatility and other abnormal condition;

(C) the upward trend in price violations reported concentration or;

(D) the society reflects the strong prices;

(E) during the holidays, during important social activities;

    (F) prices Department felt the need to remind, warn other circumstances.

17th trade organizations, consumer organizations, price surveillance of workers and other organizations and individuals, have the right to supervise the market adjusted pricing, and to report to the Department in charge of price complaints, price-related violations.

    Price departments shall establish a price violation complaints, reporting system, published reports, such as telephone number, address and email address, and to the admissibility of the complaint, to report timely investigation and treatment.

18th price departments shall establish a price dispute mediation mechanism, based on applications for consumers, operators and industry organizations, mediated disputes over prices.

    Price certification bodies can be related to entrusted to commodity prices and service prices legality and rationality in the price level of certification.

    Article 19th violation of fifth, sixth, first and second, seventh, eighth and tenth article from the Department in charge of price under the State Council regulations on the administrative punishment of the illegal sanctions.

    20th business operators who violate the provisions of the sixth article, the competent authority shall order their correction, and fined a maximum of between 10000 and 2000 Yuan.

21st business operators violating the 12th article, rejected as price monitoring point or accept the price monitoring surveys, monitoring mandate issued by competent authority shall order their correction, warning in serious cases, and fined a maximum of between 2000 Yuan and 500 Yuan.

    Price monitoring Sentinel units and non-sentinel surveillance of subjects violate the provisions of the 12th article, hoax, conceal, refusing or delaying to report price information or falsifying or tampering with the price monitoring data, monitoring mandate issued by competent authority shall order their correct within be warned and fined a maximum of between 5000 and 1000 Yuan.

    22nd staff of the Department in charge of price in the price regulatory dereliction of duty, abuse of power, favoritism, monitored by their units, the competent departments or agencies shall be given administrative sanctions. 23rd these provisions come into force on December 1, 2013.