Key Benefits:
(The 20th ordinary meeting of the Government of the city of Vavhan, 19 November 2007, considered the adoption of the Decree No. 180 of 5 December 2007 No. 180 of the Order of the People's Government of Vavhan, which came into force on 1 January 2008) Article I, in order to regulate the terms in the contract and to prevent the misuse of the terms of the form of a contract that undermines the legitimate rights and interests of consumers, prompts the operators to live in good faith to develop this approach in the light of the People's Republic of China contract law, the Consumer Rights Protection Act of the People's Republic of China, the Northern Province of Lakes and other relevant laws, regulations and regulations. Article II provides that the terms of the form of the contract are formulated in advance for the purpose of repetitive use and that they are not consulted with the consumer when the contract is concluded. Business advertisements, notices, statements, hotel statements, vouchers, vouchers and documents, etc., are considered to be contractual format provisions. Article 3. In this city's administrative area, the provision of the form is governed by the provision of the provision of the contract by the provider and the consumer when the contract is concluded, as well as by the administrative and industrial organizations. Article IV sets the principles of administrative oversight, opinion oversight and social oversight for the supervision of the terms of the contract format. Article 5 Other relevant administrative departments are overseeing the terms of the form of contracts in accordance with their respective responsibilities. Industrial organizations regulate and guide the formulation and use of contractual format provisions in this industry. Article 6 provides that the provision of the form of the contract shall be formulated and used by the provider, in accordance with the principle of fair and good credit, and that the terms of the form of the contract shall not be used to undermine the legitimate rights and interests of consumers and shall not be in violation of the provisions of the law, regulations and regulations. Article 7 (i) Liability for bodily harm to consumers; (ii) Liability for loss of consumer property due to intentional or gross negligence; (iii) Responsibilities for the provision of commodities or services to be assumed by law; (iv) The obligation to default and other responsibility to be assumed by law. Article 8 (i) The consumer assumes a default indemnity or damages amount of a reasonable amount; (ii) Making consumers accountable for operating risks that should be borne by the provider; (iii) In violation of laws, regulations and regulations to increase the responsibility of consumers. Article 9 (i) The right to change or terminate the contract by law; (ii) The right to request payment of default or damages; (iii) The right to choose the solution of the contract dispute; (iv) Other main rights under the law. Article 10 (i) A unilateral interpretation of the right to contracts; (ii) There is no legal basis for change, transfer, removal or termination of the right to perform the contract; (iii) The right to perform the contract within a period of uncertainty; (iv) Other rights in violation of law, legislation and regulations. Article 11. The terms of the contract form contain exemptions or the mitigation of the content of the provider's responsibilities, and the provider shall draw the attention of the consumer before the contract is concluded with clarity, clear language or language. The provider shall publicly contain the text of the terms of the form in the place of operation and service, which is available to consumers. Notices, declarations, hotel notes should be installed or posted at awakening place in the business, service sites. Article 12, paragraph 2, of the present approach provides that the supplier shall submit the text of the contract to the commercial administration for which it is registered before 30 days prior to the use of the text of the contract, except as provided in article 2, paragraph 2, of the contract form: (i) The sale of homes, the brokering of homes and the renovation of the vetting contract; (ii) Contracts for work services; (iii) Travel services contracts; (iv) For electricity, water, gas and heat contracts; (v) Postal, communications, cable television service contracts; (vi) Consumer loan contracts; (vii) Personal, property insurance contracts; (viii) The Government of the city considers that the other contracts containing the terms of the form are required. The text of the contract set forth in paragraph 1 of this article is subject to approval by law, administrative regulations. The text of the contract to be used by the provider is not required by the parent body or by the relevant administration sector, industry organization, etc., except for changes in the contract text. The text of the revised contract shall be reproduced in accordance with article 12, paragraph 1, of the present approach. Article 14. The business administration has found that the terms of the form of the contract used by the provider violate the provisions of Article 7, 8, Article 9 and Article 10 of this scheme shall make written amendments to the supplier. The supplier shall modify the terms of the form of the contract within 15 days of the receipt of the written proposal. Article 15. The offeror's proposal for amendments to the business administration sector may make a statement in writing or a request for hearing to the business administration within the period specified in article 14 of this approach. The provision made a presentation, and the business administration sector should provide a written response within 30 days of the date of receipt of the presentation. The provider's request for hearing and the contractual text that should be presented in the present approach, the business administration should hold hearings; other contractual format provisions would be decided by the business administration to organize hearings. The business administration sector should provide a written response within 10 days of the end of the hearings. The business administration sector held hearings and should invite consumer associations, relevant administrations, industry organizations and expert scholars and consumer representatives. Article 16 of the business administration's response to the statement or after the hearing are still proposed as amending the terms of the contract format within 15 days of the receipt of the written replies. Article 17, the business administration sector found that the terms of the form of a contract developed or used by the provider of a given industry were generally in violation of the provisions of this approach, which could require the harmonization of norms and guidance by industry organizations. Article 18 advocates for the provision of the form of contracts in the light of the model text of the relevant contract. The municipal business administration can either develop or participate in the development of the model text of the contract and be able to carry out the contract model. In the case of the executive branch, industry organizations in the development of a model contract text, the municipal business administration should be reported. The business administration sector should establish an open access system for the terms of the form of the contract, which will be made available to society for public non-reimbursable access. Article 20 is of the view that the terms of the form of a contract are in violation of the provisions of this approach, which violates their legitimate rights and may lodge a complaint or complaint, report or file with the business administration or consumer associations, or may also be brought to the People's Court by law. The business administration sector and consumer associations should inform the complainant or the reporting person within 30 days of the date of receipt of the complaint or the complaint. Article 21 provides that the terms of the contract form do not provide for the filing or amendment of the proposed language that should be amended, by warning by the business administration to the extent of the period of time, the cessation of use, the refusal to impose a fine of more than 300,000 dollars, and the provision of the proposed changes in the business administration sector, or the contractual text containing provisions requiring amendments, may be made available to society. Article 22 provides that the provision of the form of a contract undermines the legitimate rights and interests of consumers by the business administration, in accordance with the provisions of the Consumer Rights Security Act of the People's Republic of China. Article 23. The terms of the form of a contract are governed by administrative regulations such as a case-by-case basis and do not exclude the civil responsibility to be assumed by the provider as a result of the damage caused by the terms of the contract to others. Article 24: Staff members of the business administration are responsible for administrative responsibility under the law in one of the following conditions in the supervision of the management of the contract format, by the unit of the office, the parent authority or the inspection department; Compensation is provided to the management relative to the economic loss of the country in accordance with the relevant provisions of the State: (i) Failure to perform functions in the form of contracts, in accordance with the provisions of the contract; (ii) Violations of administrative penalties; (iii) Use of office facilities for requests or receipt of the source; (iv) Abuse of authority against the legitimate rights and interests of the provider or the consumer; (v) Other acts that should be taken in accordance with the law. Article 25. The parties may apply for administrative review or administrative proceedings in accordance with the law. Article 12, paragraph 1, of this approach stipulates that the text of the contract to be submitted shall be made available prior to the operation of the scheme, and that the provider shall, within 60 days of the date of operation of the scheme, report its registered business administration. Article 27 of this approach was implemented effective 1 January 2008. |
