Qinghai provincial price supervision and inspection methods
(November 22, 2012 108th meeting consideration of the people's Government of Qinghai province on November 29, 2012, 91st release of Qinghai province as of January 1, 2003) Chapter I General provisions
First to stabilize general price levels, price supervision and inspection, and protect the legitimate rights and interests of consumers, operators, in accordance with the People's Republic of China price law, illegal administrative penal provisions and other laws and regulations, combined with the facts of the province, these measures are formulated.
The second article of the regulation is applicable in the province within the administrative area of commodity price, service price supervision and inspection activities and administrative fees.
Article price supervision and inspection shall follow the principles of lawfulness, fairness, openness, maintain normal price order, rectify and investigate and deal with illegal pricing.
Fourth people's Governments above the county level shall strengthen leadership on price supervision and inspection work, perfect price control measures, ensuring smooth implementation of price supervision and inspection work, price supervision and inspection work included in the budget at the same level. Fifth price departments above the county level people's Government responsible for the administration of price supervision and inspection work, the delegate price supervision and inspection agencies to carry out the price supervision and inspection, and impose administrative penalties on illegal pricing.
Lower price supervision and inspection agencies to accept price supervision and inspection agencies of operational guidance.
People's Governments above the county level financial, supervision, industry and commerce, education, health, public security, taxation, quality supervision departments shall, in accordance with their respective responsibilities, to assist with the price supervision and inspection agencies to do price supervision and inspection work.
Chapter two price behavior
Article sixth price activity, shall enjoy the following rights:
(A) independent work belonging to the market price;
(B) established within the range specified in the Government guided prices;
(C) develop government guidance prices and products within the scope of Government pricing of products on trial sale price, but except for specific products;
(D) reporting, charged with violation of their pricing rights according to law;
(E) the Government-guided prices and Government price adjustment proposals put forward;
(F) to the Department in charge of price policies and other relevant departments to learn more about prices and related information.
Article seventh in pricing shall fulfil the following obligations:
(A) implementation of government guidance prices and Government pricing;
(B) the implementation of emergency measures in government price controls, prices and prices of other legal measures;
(C) accept the price supervision and inspection, truthfully provide relevant account books, bills, vouchers, documents, and other materials;
(D) establish a sound internal price control systems;
(E) other obligations provided by laws, rules and regulations.
Eighth shall strictly implement the provisions on marking clearly an operator, using a uniform producer price supervision and inspection agencies above the county level in the local price check, price price list price on complete, real clear, clear written specification, tag, mark stands out.
Operators selling goods or providing services, price price tag, the list should be used, and truthfully indicate the causes of price and original price and current price and save relevant information recorded and approved price before the price cut to verify. Operators shall not sell outside of the price of goods, not marked by shall not be charged a fee.
A service can be decomposed into multiple projects and standards, the operator should be clearly marked and criteria of each project shall not be mixed pricing or bundling.
Nineth prohibits the retailer violation charge suppliers to sign contracts, new products into the store fee, account opening fee, Festival fee, anniversary, such as illegal, substandard fees, bar code.
Dining, entertainment, and service industries are allowed to service charges, spices, tea fee, air-conditioning costs, room (car), the dishware disinfection in charge, bottle, tableware and other items charged additional fees or other forms in addition to the price increases.
Tenth operator shall not collude to control market prices, undermine the legitimate rights and interests of other operators or consumers. Rival managers, operators and trading partners, is not inconsistent with the People's Republic of China anti-monopoly law and national provisions against price fixing, price monopoly agreement is reached.
Operators shall not use price means to have a dominant market position, eliminating or restricting competition in the market.
Article 11th in business activities, for huge profits in one of the following circumstances:
(A) operate a commodity price levels at the same area, the same time and the same grade, the average market price of the same goods over 50%;
(B) operate a commodity price differential over the same area, same time, same quality, same average profit rate 80% per cent;
(C) operate a commodity profits over the same area, same time, same quality, same goods the average profit margin more than 100%. The average market price of the goods, the movement of the average rate and the average rate of the earthly city, County Department in charge of price determination, and to the public.
Measure of profits, average price, average price differential and average profit margin of the standard needs to be adjusted, published by the provincial price supervision and inspection bodies, and submitted to the provincial people's Government for the record.
12th in addition to closing price and fresh goods, seasonal merchandise, overstock merchandise and other cases, the operator must not be squeezing out competitors or to monopolize the market, dumping goods at below cost prices, disrupt the market price order, thereby harming the interests or the legitimate rights and interests of other operators.
13th operator shall not under any of the following commodity and service prices rose too fast and too high:
(A) fabricating and spreading price information;
(B) beyond the normal amount of storage or storage period, stock market abnormal fluctuation of tight supplies, prices of commodities, after warning by the price supervision and inspection bodies, still hoarding;
(C) using other means to drive up prices, pushing up prices too high too fast, goods and services.
14th 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 of enticing consumers or other operators to purchase or consume;
(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) marking the lowest market price, ex-factory prices, wholesale prices, special offers, the best prices and other price marking no basis or no comparison;
(E) the fictional original price, offer discounts, lied about the price or lied about going to raise prices to entice others to buy;
(F) when a commodity is sold, not labeled and deal with causes, treatment prices;
(VII) take additional gift when selling goods and services, not truthfully labeled gift items name, number 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) does not fulfil or does not fully comply with purchase and sale of goods and services before the price undertakings or commitments to free services into paid services;
(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) taking doping, adulterate, impurities, shoddy, shortfall and other means, so that does not match the quantity, quality and price of goods and services;
(12) other price fraud.
Article 15th without raising or lowering prices in a disguised form of the following behaviors:
(A) raise the commodity or service level, high-grade prices;
(B) reducing product quality, specifications and service standards, or reduce services, clearing it still has not been marked by the price;
(C) depress agriculture and food products and other commodities to buy goods, clearing at low prices;
(D) other acts of illegal de facto raise or lower prices.
16th operator shall not under any of the following violations of the principles of fairness, free, forcing traders to accept high prices of goods or services:
(A) the conditions of use against the counterparty, environment, forcing traders to accept high prices of goods or services;
(B) to specify the type, quantity, range qualification, forcing traders to accept high prices of goods or services;
(C) to tie or attach conditions such as qualification, forcing traders to accept high prices of goods or services;
(D) as a counterparty default accept mode, forcing traders to accept high prices of commodities or services in a disguised form;
(E) administrative authority or other social influences, forcing traders to accept high prices of goods or services;
(Vi) other acts that forced counterparties to accept high prices of commodities or services.
17th Trade Organization should strengthen the supervision of operators of the industry, urging the operators to implement price control measures, directing the operators a fair competition.
Trade organizations or any other entity that may have the following actions:
(A) the formulation of rules to exclude or restrict price competition, decisions;
(Ii) meetings, notices and other forms of organization managers form the price monopoly agreement or a price Alliance;
(C) organize the business operators in collusion, manipulation of market prices or commodity prices rising too fast and too high;
(D) the administrative authority or other social influences, forcing the management to accept the goods or services;
(E) other violations of price laws and regulations of the Act and regulations.
18th in the activities of administrative fees in fees shall not be any of the following acts:
(A) above or below the standards prescribed by the national and provincial charges;
(B) advance or delay the implementation of standards prescribed by the national and provincial charges;
(C) independent, custom fees and charges standard fees;
(Iv) had ordered the cancellation or suspension charges, do not stop or change the name to continue charging;
(E) does the fee waiver policy fee;
(F) expand the range of fees, increase frequency, breakdown fees, fees, charges for changing links and charges such as extension of the fee period;
(VII) in violation of the provisions to margin, mortgage payments, late fees, savings, fund raising, sponsorship and other forms of disguised charges;
(VIII) failure to carry out his managerial responsibilities, does not provide services or lowering the cost of service standards;
(IX) administrative fees to operate without authorization of the service charges;
(10) no legitimate basis, mandatory management training, and academic research, technology assessment, check ordering appraisals, announcements, activities, objects or require management institutes, associations and other organizations and charged;
(11) no legitimate basis, using his power to others to collect fees;
(12) financial instruments do not use provincial financial department printed charges;
(13) other charges prohibited by laws, rules and regulations.
19th administrative fees unit shall comply with charges licensing regulations shall not be any of the following acts:
(A) without charging license fees;
(B) the basis has been changed without charge by the regulations permit modification and cancellation procedures continue to charge;
(C) is not required to participate in premium license annual testing to continue to pay;
(D) forging, altering, lend, transfer charges license fees;
(E) other acts violating charge licensing regulations.
20th State organs, institutions, on behalf of the Government function of social groups and other organizations do not have the law, regulations and rules and national and provincial regulations, are not allowed to own items entrusted to another unit of implementation; not allowed to delegate responsibilities within the scope of subordinate units, agencies, social organizations, for-profit services.
Article 21st administrative fees should be in charge places prominently publicized charges, fees, charges, charging files based on object, range of fees, charges and so on, subject to public supervision.
Chapter III supervision and inspection
22nd can the people's Governments above the county level shall be based on the market price fluctuations, organize price, finance, monitoring and special inspection of prices and focus on industrial and commercial sectors.
Article 23rd price supervision and inspection agencies shall establish and improve the system of routine checks, improve joint checks, random check, cross check, and work mechanisms, public price surveillance and treatment results in a timely manner, social, public supervision.
Article 24th price supervision and inspection bodies should implement price intervention measures, urgent or important holidays, when prices during major events, and should enhance market inspections, investigate and deal with illegal pricing in a timely manner.
25th the price supervision and inspection bodies should strengthen logistics packaging, handling, loading and unloading, transportation links such as supervision and inspection fees, management logistics area violation charges.
Article 26th price supervision and inspection bodies should strengthen their financial institutions, telecommunications industry, education, health care, agricultural enterprises involved industry supervision and inspection fees, standard charge, protect the legitimate rights and interests of consumers and business operators. 27th the price administrative law enforcement personnel shall when carrying out price surveillance, law enforcement officials shall be not less than two, and shall produce to the operator or the person concerned law enforcement credentials.
Law enforcement officers and parties directly interested, should be avoided.
28th price-related violations by violations of price supervision and inspection agencies above the county level investigation.
Superior price supervision and inspection agencies to investigate and deal with the lower price supervision and inspection agency jurisdiction over a case or cases shall be governed by the level transfer of jurisdiction or to delegate the lower price supervision and inspection agencies.
29th superior price supervision and inspection agency should lower the price supervision and inspection agencies to supervise the surveillance activities, to lower price supervision and inspection agencies to make illegal or improper punishment decision, the right to order the correct within.
30th under any of the following circumstances, price supervision and inspection agencies to take notice, meetings, announcements, interviews or any other means in writing, telling operators, industry organizations, such as the performance price obligations and may incur legal liability:
(A) the dramatic increase in prices of essential commodities and services, or have the potential to significantly rise;
(B) the general price level volatility and other abnormal state;
(C) when reporting questions or price are on the rise;
(D) when there is a society reflects the strong prices, charges;
(E) prices, or change the fees policy;
(Vi) seasonal, cyclical price or charge occurs;
(VII) during the holidays or major events;
(H) law with caution in other circumstances.
31st price supervision and inspection agencies shall establish a price violation reporting system, published reports, such as telephone number, address and email.
On illegal pricing and any unit and individual have the right to report.
Price supervision and inspection shall accept after the Agency received reports of illegal pricing, reports of falling within the terms of reference, it shall investigate and deal with and informed about the results of an informer in the 5th after closing; reporting matters do not fall within area of responsibility, shall promptly respond to whistleblowers, and explain the reasons.
Report active personnel, responsible for price or reward price supervision and inspection agencies in accordance with the relevant provisions, and the informer confidential.
Article 32nd price monitoring organizations, workers ' organizations, consumer organizations and village (home, animal husbandry) committees and other groups and individuals, have the right to monitor price behavior.
News media have the right to make price supervision, disclosure of price-related violations, and correctly guide price expected.
Price supervision and inspection bodies may appoint a supervisor of social obligation price, exercise supervision on prices.
The fourth chapter legal liability
Article 33rd acts in violation of these rules, People's Republic of China Law on price, the People's Republic of China anti-monopoly law, illegal administrative penal provisions and other laws, regulations, penalties, from its provisions.
Article 34th violated the provisions of article Nineth, 21st, by price supervision and inspection bodies shall order rectification fails to change, and fined 1000 Yuan more than 5000 Yuan fine.
35th article County above Government or other about sector violation this approach provides, beyond management permission pricing, and price, and developed charges project and charges standard, violation provides issued administrative career sex charges license of, by superior Government or price competent sector ordered corrected; on directly is responsible for of competent personnel and other directly responsibility personnel, can drew attention to the monitored organ or appointment organ in accordance with personnel management permission, law give administrative sanctions. 36th administrative fees in violation of the provisions of article 20th, rectification by price supervision and inspection bodies, and criticized.
Managers directly responsible and other persons directly responsible, can be brought to the supervisory organ or organ according to the personnel management rights of appointment and removal, shall be subject to punishment. 37th managers, administrative fees resulting from illegal consumers or other operators to pay more money, from the price supervision and inspection agencies ordered to refund, refund period of not more than 15th.
Hard to find consumers that pay more money or other operators, order announcements to find, announcement for finding shall be not less than the period 30th.
Period no refund, in accordance with the illegal administrative penalties stipulated in 16th of execution. 38th price supervision and inspection agencies on price supervision and inspection activities of any of the following acts, the competent authority shall order correction within, and informed criticism.
Directly responsible in charge and other direct liable persons shall be given disciplinary actions constitute a crime, criminal responsibility shall be investigated according to law.
(A) violation of the price law, (ii) the price reporting delay and prevarication, or not in accordance with the law;
(C) disclosing State secrets, business secrets and personal privacy, legally obtained price data used for other than the price supervision and inspection;
(D) to ask for or accept property price supervision and inspection work;
(E) other acts in violation of the duties of supervision and inspection.
The fifth chapter by-laws 39th (date) these measures shall enter into force on January 1, 2003.