Contract Format Terms, Jiangxi Province, Methods Of Supervision

Original Language Title: 江西省合同格式条款监督办法

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Contract format terms, Jiangxi province, methods of supervision

    (December 30, 2009, Jiangxi provincial people's Government consideration at the 30th General meeting on January 21, 2010, 179th promulgated by the people's Government of Jiangxi province as of March 1, 2010) first in order to standardize the format clause in contracts, protect the legitimate rights and interests of consumers, maintain market order, according to the People's Republic of China contract law and the People's Republic of China consumer protection provisions of the Act and other relevant laws and regulations, combined with the facts of the province, these measures are formulated.

    Terms of article formats mentioned in these measures refers to operators in order to reuse the prepared in advance, and at the time of conclusion of the contract without consultation with the consumer provisions.

    Commercial advertisements, notices, statements, instructions, shop notices, descriptions, documents, their content in line with an offer and the provisions of the preceding paragraph, as standard terms.

    Article within the administrative area of the province of business operators and consumers using standard terms the contract was governed by this approach.

    Fourth industrial and commercial administrative departments responsible for supervising the standard terms, the use of standard terms harmful to consumers ' legal rights violations dealt with according to law.

    Other relevant administrative departments according to their respective responsibilities, oversight of the standard terms, timely processing of offences harming the legitimate rights and interests of consumers.

    Industry associations in accordance with the laws, rules, regulations and the articles of Association, regulates the development and use of industry standard terms and guidance to assist industrial and commercial administrative departments for administrative supervision of the standard clauses.

    Fifth business operators develop and use standard terms should follow the principle of fairness and good faith, must not use the standard term harm consumers, third party and public interests.

    Sixth encourages operators by reference to the relevant terms of contract demonstration text format.

    Contract demonstration text formulated by the relevant administrative department or industry associations.

    Development of industrial and commercial administrative departments can be involved in the contract demonstration text.

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

    (A) liability for consumer personal injury caused;

    (B) consumer property damage caused intentionally or due to gross negligence of responsibility;

    (C) for the provision of goods or services shall bear the suretyship liability;

    (D) shall be liable for breach of contract and other legal liability.

    Format articles containing reduce and exempt the operator shall be liable for the contents of other responsibilities, the operator shall, before the conclusion of the contract take reasonable way to draw the consumer's attention, and explained according to the customer's requirements.

    Article eighth format does not contain the consumer content to the following responsibilities:

    (A) the amount of liquidated damages or damages too high;

    (B) bear business risk should be borne by the operators liability;

    (C) other violations of laws and regulations the consumer responsibility.

    Nineth format clause shall not contain the exclusion of consumer the following main elements:

    (A) revoked according to law, the right to alter, suspend or terminate the contract;

    (B) the right to request payment of liquidated damages or damages;

    (C) the exercise of the right of contract interpretation;

    (D) the right to choose a contract dispute resolution approaches;

    (E) shall enjoy other rights.

    Tenth business operator shall operate, service or otherwise contain standard clauses in public contracts, for inspection by the consumer.

    11th the following standard terms of contract, the operator shall, on the date of the contract within the 30th registered with the industrial and commercial administration departments for the record, this approach was considered in article format except in terms of:

    (A) the sale and leasing, property management, residential housing decoration contracts;

    (B) the travel contract;

    (C) car selling, leasing contracts;

    (D) power supply, water supply, gas supply contracts;

    (E) postal, telecommunications, cable television service provider contract;

    (F) the brokerage contract;

    (G) operational training contract;

    (H) the beauty and fitness, photography, catering accommodation services contract.

    Except as provided in the preceding paragraph contain standard clauses of contracts require filing, submitted by provincial industrial and commercial administration departments, submitted to the provincial people's Government for approval.

    Article 12th will contain standard clauses of contract administration for industry and Commerce departments, shall submit the following materials:

    (A) filing reporting forms;

    (B) the contract (including electronic copies);

    (C) photocopy of the business license.

    Industrial and commercial administrative departments should implement e-Government, in matters of standard terms published on the Web site for the record of the Department to facilitate operators to take articles submitted in the form of a data message format for the record material.

    Administration for industry and Commerce after receiving the filing shall record acceptance notice issued in a timely manner.

    13th industrial and commercial administrative departments shall contract to record archives, and via the Internet, to the public and facilitate public access.

    Article 14th record format of the alteration of the content of the provisions relating to the consumers, the operator should be will change after the 10th text re-reported to the original contract for the record industry and commerce administration departments for the record.

    15th consumers view standard term damages the legitimate rights and interests, can appeal to the Administration for industry and commerce or to the consumers ' Association complaints to arbitration agencies or pursuant to an agreement for arbitration or initiate litigation to the people's Court according to law.

    Citizens, legal persons or other organizations to find standard terms of harming the legitimate rights and interests of consumers, can contribute to the industrial and commercial administrative departments or other relevant competent administrative departments.

    Standard term is harming the legitimate rights and interests of consumers of complaints, complaints or reports, administration for industry and commerce, consumer associations and other relevant competent administrative departments shall deal with and informed the complainant of the outcome, complainants or informants.

    16th industrial and commercial administrative departments by means of standard terms found in violation of the law, regulations and these rules set forth in seventh, eighth and Nineth, proposed amendments in writing to the operators should:

    (A) filing the review found;

    (B) the daily supervision and examination;

    (C) reflected by the consumers ' Association found;

    (D) discovered by consumer complaints;

    (E) reporting by citizens, legal persons or other organizations found.

    Operators on the amendment without objection shall, from the date of receipt of the amendments modify the standard terms in the 15th, and will modify the result known to the industry and Commerce Administration Department.

    Objects to the modifications of the business operators shall, from the date of receipt of the amendments to the Administration for industry and commerce in the 15th in writing and can request a hearing.

    17th industrial and commercial administrative departments shall, on receipt of the operator object within 15th of the written replies. Operators ' request for hearing, administration for industry and commerce shall, from the date of receipt of a written request within the 15th hearing and hearing in the 10th after hearing comments written reply to operators.

    Hearing within the time prescribed in the preceding paragraph is not evaluated.

    When the Administrative Department for industry and commerce organizations a hearing, may invite consumer associations, the relevant administrative authorities, industry associations, consumer representatives and experts and scholars.

    18th after the industrial and commercial administrative departments objected to the operator response or after hearing the replies still require operators to modify the standard terms, managers should receive a reply within 15th of changes and will modify the results inform the Administrative Department for industry and commerce.

    Article 19th on the industrial and commercial administration departments seek to amend the standard terms of refusal within the prescribed modifications, administration for industry and Commerce relating to the standard terms and their operators can be announced to the public.

    20th industrial and commercial administrative departments should strengthen supervision and inspection of standard terms, to find violations of these measures can take the following measures:

    (A) asking the parties, interested parties and reference;

    (B) conduct inspections over the management, service establishments;

    (C), check out, copy, and format clauses relating to the contract, invoice, account books, documents and other information;

    (D) the laws, regulations and other measures.

    21st article violates these rules, operators do not contain standard clauses of contract administration for industry and Commerce departments, the industrial and commercial administrative authority shall order correction within limit; it refuses to, between 5000 and 1000 Yuan fine, and announced to the public the relevant situation.

    22nd 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) fails to perform the statutory duties or operators or regulatory failures harm the legitimate interests of consumers;

    (B) violation of rules impose administrative penalties;

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

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

    23rd farmers directly in agricultural production of means of production and paid access to agricultural machinery services, contain standard clauses of contracts with operators, in accordance with the measures implemented. 24th article this way come into force on March 1, 2010.