Jilin Province, Standard Terms Of Contract Oversight Approaches

Original Language Title: 吉林省合同格式条款监督办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201205/20120500368196.shtml

Jilin province, standard terms of contract oversight approaches (July 6, 2011 8th Executive meeting consideration of the people's Government of Jilin province by Jilin provincial government order No. 229, published since December 26, 2011 as of February 1, 2012) first in order to maintain market order, prevent the use of standard terms of contract to obtain illegitimate interests, protection of public interests and the legitimate rights and interests of contract parties, in accordance with the People's Republic of China Law of contract and the People's Republic of China consumer protection provisions of the Act and other laws and regulations,

    Combined with the facts of the province, these measures are formulated.

Second contract format terms mentioned herein (hereinafter referred to as the format), it refers to in order to reuse the prepared in advance, without consultation with the other party at the time of conclusion of the contract the provider contract.

    Commercial advertisements, announcements, notices, statements, instructions, shop, Internet pages, documents, documents and other content in accordance with the offer and the provisions of the preceding paragraph, as standard terms.

    Article within the administrative area of the province, citizens, legal persons and other organizations contract with standard terms in the business activities, the Administrative Department to supervise these measures shall apply to the standard terms.

Article IV industrial and commercial administration departments at all levels are responsible for the supervision and guidance of the standard terms, using the format damages the legitimate rights and interests of the other party to the terms offence dealt with according to law.

Competent administrative departments of people's Governments above the county level in accordance with their respective responsibilities, standard terms of supervision according to law.

    Industry organizations in accordance with the laws, regulations, rules and regulations, the industry regulates the development and use of standard terms and guidance, and accept supervision by the Administration Department and the Administrative Department for industry and commerce.

Article fifth the following contracts contain standard clauses, providers should be in the contract not later than 15th before use, contract administration for industry and commerce registration:

(A) for supply of power, water, gas, heating contract;

(B) the postal, telecommunications, cable television contract;

(C) the travel contract;

(D) transport contract;

(E) the sale and brokerage, Commission contract;

(Vi) property services contracts;

(VII) interior decoration contracts;

(H) the car sale, lease contracts;

(IX) operational training contract;

(J) non-profit medical institution of the medical contracts;

(11) auctions, mortgage contracts;

(12) the provincial industrial and commercial administration departments to safeguard the State interests and public interests, in accordance with the relevant laws and regulations for the record contains standard terms of contract.

    This approach was considered in article format terms of business advertisements, notices, instructions and so on, do not need to record.

    Article sixth providers develop and use standard terms should follow the principle of fairness and good faith, must not use the standard term damage each other, legitimate rights and interests of the third party and public interests.

Seventh form clause shall not contain exempt providers of the following responsibilities:

(A) responsibility of bodily harm to any person;

(B) intentionally or due to gross negligence caused other property damage liability;

(C) shall bear the suretyship liability;

(D) shall bear the liability for breach;

    (E) shall bear the responsibility.

Article eighth standard terms shall not contain aggravated or content should not be borne by the other party of the following responsibilities:

(A) more than the statutory amount or a reasonable amount of liquidated damages or damages;

(B) bear the risk of liability should be provided by the party;

    (C) for each other in violation of laws, rules and regulations set by other responsibilities.

Nineth format clause must not have excluded each other the following main elements:

(A) the right to change, cancel or terminate the contract in accordance with law;

(B) requested the right to damages, payment of liquidated damages;

(C) the right to interpret standard terms;

(D) contract dispute the right of litigation;

    (E) the enjoyment of other rights according to law.

Article tenth provider format other than as provided herein to the terms of exempt or reduce their responsibilities, shall, before the conclusion of the contract, to the attention of the other text, symbols, fonts, and other specifically identified, and explained in accordance with the other requirements of the provision.

    Shop notices, notifications, declarations should be set or posted on the site's striking position.

    11th providers can refer to the province, and the provincial industry and commerce administration departments at or above or related administrative departments, industry organizations and joint development and contract demonstration text issued by the elaboration of standard terms.

    12th providers need record contract should be submitted to the Administrative Department for industry and Commerce of the text to the issuance of the business license record; contract provider's business license issued by the State administration for industry and commerce, contracts should be submitted to the provincial administration for industry and Commerce for the record.

13th providers are not allowed to modify the filing contains standard terms of contract, record text format content changes to the terms of the contract, provider before use shall be not less than 10th, will change the contract after the original filing record.

    Provider uses its parent unit to develop or use the copy of the contract, the parent account has the industry and commerce administration departments for the record, providers do not need to repeat for the record, but except for the format clause of the contract.

    14th industrial and commercial administrative departments shall submit for the record review of the contract terms in text format.

    Section 15th of the society in general contain standard clauses of contracts, provided submissions after the filing, administration for industry and commerce should be open to the public, should listen to public views at review time.

    16th the citizens, legal persons and other organizations believe that a standard clause in violation of the law, regulations and these regulations, to have jurisdiction over the administration of industry and commerce or the relevant departments to report.

17th industrial and commercial administrative departments approved providers of standard terms found in violation of this article seventh, eighth and Nineth article, should be made available to the parties to submit written amendments.

Provided no objection to the amendments, shall from the date of receipt of the amendments modify the standard terms, and the modified contract text back to the original filing for filing in the 15th.

    Providing party objects to the amendment, written in the 7th from the date of receipt of the amendments submitted to the administrative departments for industry and Commerce of statement and averment, and can request a hearing. Article 18th party submission of statement and averment, and industrial and commercial administrative departments shall, from the date of receipt of statement and averment of material provided in the written replies in the 15th.

Provider to request a hearing, industry and commerce administration departments shall organize hearings in the 15th, and in the 10th after the end of the hearing the views of the executive authorities provided in the written replies.

    Public representatives should be involved in the hearing, listened to their views.

    Article 19th cases of statement and averment or after the hearing, industry and commerce administration departments respond to requests to amend standard terms, shall from the date of receipt of the reply of the provider to modify the standard terms in the 15th.

20th provider in not within the time stipulated according to the industrial and commercial administrative departments proposed amendments and the requirements of, and industrial and commercial administrative departments can be formatted articles and revisions to the Commerce Department and other relevant information to the public within their respective administrative areas.

    In accordance with the provisions of the preceding paragraph, and industrial and commercial administrative departments at the county level to the public, should be reported to the approval of the industrial and commercial Administration Department at a higher level.

21st industrial and commercial administrative departments and other relevant administrative departments in monitoring and checking of standard clauses, you can take the following measures:

(A) ask the parties, interested parties and witnesses;

(B) consult and copy the relevant contract, invoice, account books, receipts, correspondence and other relevant information;

(C) checking the sites, property;

(D) to modify and improve the format to give guidance and assistance;

(E) the laws, regulations and other measures.

Administration of industry and commerce, and other relevant administrative departments in the exercise of their duties, relevant units and individuals shall cooperate with and provide relevant information and data, and may not transfer, concealment, destruction of evidence and property.

    May be destroyed or lost or difficult to obtain the relevant information later, industrial and commercial administrative departments can be registered for keeping.

22nd article violating the provisions of this article tenth of the provider, does not perform the obligation of prompt, informed by the regulation, the Administrative Department for industry and commerce shall order correction within; it fails, fined a maximum of between 2000 Yuan and 200 Yuan.

    Provider violates this article fifth, 13th paragraph, 17th and 19th in the second paragraph provides that fails to carry out the contract text filing obligation or refused to implement the Administrative Department for industry and Commerce changes and requirements of the contract review, rectification by the industrial and commercial administration sector; it fails, fined a maximum of 3000 Yuan and more than 30000.

    23rd using the record contains standard terms of contract, relieve providers standard terms cause damage to others shall bear civil liabilities according to law.

    Article 24th standard term is disputed by both parties can be resolved through consultation, you can also apply for mediation to the Administrative Department for industry and commerce, consumer associations, can apply for arbitration or litigation.

25th industrial and commercial administrative departments and other relevant administrative authorities in supervision of standard clauses, any of the following acts, the persons in charge and other direct liable persons shall be given sanctions constitutes a crime, criminal responsibility shall be investigated in accordance with law:

(A) dereliction, not complying with the provisions of standard terms supervisory duties;

(B) abuse of authority against the provider or other legitimate rights and interests;

(C) use their posts to facilitate the solicitation or acceptance of property;

(D) violation of regulations for punishment or disposes of a fine;

(E) violations of the laws and regulations provide for compulsory administrative measures;

    (Vi) other acts of abuse of authority, dereliction of duty or engages in.

    26th article this way shall be the record copy of the contract provided, prior to the implementation of this approach has been used, provider shall, within 90 days from the date of implementation of this approach of industry and commerce administration departments for the record. 27th article this way come into force February 1, 2012.