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Jilin Province, Standard Terms Of Contract Oversight Approaches

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

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Regulatory approach to the terms of the contract format in Glinh

(Adopted at the 8th ordinary meeting of the People's Government of Chilin Province, 6 July 2011, No. 229 of the People's Government Order No. 229 of 26 December 2011, published as of 1 February 2012)

Article 1, in order to maintain a market transaction order and to prevent the use of the terms of the form of the contract to obtain unjustifiable benefits, to protect the legitimate rights and interests of the public interest and the parties to the contract, to develop this approach in the light of the provisions of the Law on Contracts of the People's Republic of China, the Consumer Rights Protection Act of the People's Republic of China.

Article 2 of this approach refers to the terms of the form of the contract (hereinafter referred to as a tactic clause), which is predetermined in order to duplicate the use, and the terms of the contract that the supplier does not consult the counterpart in the conclusion of the contract.

Business advertisements, notices, notices, statements, notes, hotel statements, Internet pages, vouchers, vouchers, vouchers, etc. are consistent with the requirements and pre-existing provisions and are considered as a form clause.

Article 3 is within the province's executive region, where the terms of the form of the contract are established between citizens, legal persons and other organizations in the course of the operation, and the executive branch oversees the terms of the format.

Article IV. The business administration at all levels is responsible for monitoring the terms of the format and for dealing with offences that undermine the legitimate rights and interests of the individual.

In accordance with their respective responsibilities, the relevant executive authorities at the district level are monitoring the terms of the format by law.

In accordance with laws, regulations, regulations and statutes, industry organizations regulate and guide the formulation and use of the provisions of this industrial format and receive oversight by the business administration sector and relevant administrative authorities.

The text of the contract below contains the terms of the format, which shall be submitted by the supplier to the business administration sector by not less than 15 days prior to the use of the contract text:

(i) Texts for electricity, water, gas and heat contracts;

(ii) Texts of postal, telecommunications, cable television contracts;

(iii) Text of the travel contract;

(iv) Text of transport contracts;

(v) The sale and sale of homes and their interhabitories, commissioning the contract text;

(vi) Text of the contract for the management of goods services;

(vii) Text of the contract for the renovation of the home;

(viii) The sale and sale of the text of the contract;

(ix) Texts of the business education training contract;

(x) Texts of medical contracts for operating medical institutions;

(xi) The auction, quantification of the text of the contract;

(xii) Other contractual texts containing the terms of the form of the relevant laws, regulations and regulations are based on the provincial and commercial administration to preserve the interests of the State and the public interest.

Article 2, paragraph 2, of this approach stipulates that commercial advertisements, notices, etc., which are considered as a provision of format, are not required.

Article 6 provides that the formulation and use of the form clause should be guided by the principle of fair and genuine credit and that the terms of the format shall not be used to undermine the legitimate rights and interests of the parties, third parties and the public interest of society.

Article 7

(i) Responsibility for inflicting bodily harm on the other;

(ii) Responsibility for loss of property on the other side by reason of intentional or gross negligence;

(iii) Responsibilities to be assumed by law;

(iv) The obligation of default to be assumed by law;

(v) Other responsibilities to be assumed by law.

Article 8

(i) The amount of default or damages that exceeds the statutory amount or reasonable amount;

(ii) The responsibility for the risk to be borne by the provider;

(iii) Other responsibilities created by the parties in violation of the provisions of laws, regulations and regulations.

Article 9

(i) The right to change, withdraw or terminate the contract by law;

(ii) The right to seek damages and payment of default payments;

(iii) The right to interpret the terms of the format;

(iv) The right to sue on contractual disputes;

(v) Other rights to be enjoyed by law.

Article 10. Formal provisions provided by the provider contain exemptions or mitigation of the content of their responsibilities beyond the provisions of this approach, which should be explained in accordance with the requirements of the parties before the contract is concluded.

The hotels should be displayed, informed, declared, etc. to set or post awakening place in the operation.

Article 11. Providers may refer to the form of a model contract text developed and issued jointly by the provincial and provincial administrations or with the relevant administrative authorities, industry organizations.

Article 12. The supplier shall require the written text of the contract to be submitted to the commercial administration sector for which the licensee of the contract is licensed by the State's business administration and shall submit the text of the contract to the provincial commercial administration.

Article 13 provides that the author shall not automatically modify the written text of the contract containing the terms of the format, changes in the content of the terms of the written form of the contract, and the provider shall submit the revised version of the contract to the back-to-date office pending the use of less than 10 days.

The provider uses the contractual text developed or used by its superior units, whose superior units have been backed into the business administration sector and the provider does not need to duplicate cases, except for the modification of the terms of the contract text.

Article 14. The business administration sector should review the format provisions in the contract text of the submission.

Article 15. Texts of contracts containing the terms of the form of general concern to society, after the provision of the party's report, the business administration should be made public to the society and should be heard at the time of the review.

Article 16 Civil, legal and other organizations consider that the provisions of the format are contrary to the provisions of the law, legislation and this approach and may be reported to the competent business administration or the relevant sectors.

The business administration sector, through its review, found that the provision of the format was in breach of article 7, article 8, article 9 of this approach, should provide the provider with written changes.

The provider should modify the terms of the format from the date of receipt of the amendment and reproduce the revised contractual text within 15 days to the original desk.

The provider's objection to the amendment may make a statement to the business administration in writing within 7 days of the date of receipt of the amendment and may request a hearing.

Article 18 provides the proponent of the statement, and the business administration shall provide the written replies within 15 days of receipt of the presentation of the defence material. The provider requested hearing and the business administration should organize hearings within 15 days and provide the input of the executive branch within 10 days of the hearings.

The hearings should involve public representatives and fully listen to their views.

Article 19, after the presentation of the defence or hearing, the business administration continued to respond to requests for amendments to the format and the provision should be modified within 15 days of the date of receipt of the reply.

Article 20 provides that the supplier does not make changes in opinions and requests made by the business administration within the prescribed time frame, and the business administration sector may make the terms of the format and the changes made by the business sector open to society in the present administration.

In accordance with the preceding paragraph, the sector of business administration at the district level is open to society and should be approved by the superior business administration.

Article 21, the business administration and other relevant administrative authorities may take the following measures when monitoring the evaluation of the terms of the format:

(i) To ask parties, stakeholders and witnesses;

(ii) Access, replication of relevant contracts, invoices, vouchers, operational correspondence and other related information;

(iii) Inspection of relevant premises, property;

(iv) To provide guidance and assistance to modify and improve the terms of the format;

(v) Other measures under the law, legislation and regulations.

In exercising their duties, the business administration and other relevant administrative authorities shall cooperate with the relevant units and individuals and, if any, provide information and information, shall not be transferred, concealed, destroyed relevant evidence and property.

For information that may be lost or otherwise difficult to obtain, the business administration can pre-registrate.

Article 22 provides that the author violates article 10 of this approach, does not carry out an indication and notification of the obligation, and is subject to a change in the time limit for the business administration; is not later rectified, with a fine of more than 200 dollars.

In violation of article 5, paragraph 1, article 13, article 17, paragraph 2, and article 19 of this scheme, the provider has not fulfilled its contractual text obligations under the terms of the provisions or has refused to implement the changes in the terms of the contract review by the business administration sector, which has been converted to the time limit by the business administration sector; and has not been reformulated by a fine of up to $300,000.

Article 23 uses the written text containing the terms of the form in question and does not exclude the civil responsibility that the provision of the provider should be assumed by law for damages caused by the form clause to others.

Article 24 disputed terms by both parties to the contract may be resolved in consultation or may apply for mediation to the business administration, consumer associations, or for arbitration or prosecution under the law.

Article 25

(i) The failure to perform the functions of regulatory responsibility in accordance with the provisions of the format;

(ii) Abuse of authority against the legitimate rights and interests of the provider or the other party;

(iii) Use of office facilities for requests or receipt of property;

(iv) The imposition of penalties or the private handling of fines;

(v) Violations of laws, regulations and regulations that impose administrative measures;

(vi) Other abuses of authority, omissions, provocative fraud.

Article 26 This approach stipulates that the text of the contract to be submitted shall be made available before the operation of the scheme, and that the provider shall submit a business administration case within 90 days of the date of operation.

Article 27 of this approach is implemented effective 1 February 2012.