Industrial And Commercial Administrative Departments To Deal With Consumer Complaints Way

Original Language Title: 工商行政管理部门处理消费者投诉办法

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Industrial and commercial administrative departments to deal with consumer complaints way

    (Released February 14, 2014, State administration for industry and commerce, the 62nd since March 15, 2014) Chapter I General provisions

    First in order to regulate the industry and Commerce administrative departments to deal with consumer complaints procedures and deal with consumer disputes between consumers and business operators, protecting the legitimate rights and interests of consumers, in accordance with the consumer protection law and other laws and regulations, these measures are formulated.

    II consumers for the necessities in life require the purchase or use of goods or services, consumer disputes and Manager, complained to the administrative departments for industry and commerce in accordance with these measures.

    Industrial and commercial administrative departments to handle consumer complaints III should be based on the fact that, in accordance with the laws, rules and regulations, fair and reasonable manner.

    Fourth in its industrial and commercial administrative departments handle consumer complaints are within the mandate of civil disputes and mediation.

    Fifth industrial and commercial administrative departments shall guide the operator self-regulation, encouraging operators to negotiate settlements with consumers spending disputes.

    Chapter II jurisdiction

Article sixth consumer complaints by the operator or, where the operation took place in counties (cities), the jurisdiction of the District Administration for industry and commerce.

    Consumer disputes consumers through online trading, can complain to the operators to local industrial and commercial Administrative Department, or to the third party trading platform where industry and Commerce Administration Department.

Article seventh County (municipality), district administration for industry and commerce is responsible for handling customer complaints within their respective jurisdictions.

    Have jurisdiction over the industry and Commerce Administration Department may authorize the Agency to deal with consumer complaints agency area. Eighth province, autonomous region, municipality directly under the administration of industry and commerce or the city (and State) and the establishment of the Administrative Department for industry and Commerce 12315 consumer complaint Center received consumer complaints should be recorded, and promptly circulate complaints have jurisdiction over the administration of industry and commerce, and inform consumers distributing.

Inform records should be retained for future reference.

    Have jurisdiction over the administration of industry and commerce should be timely feedback from superiors and 12315 consumer complaint Center.

Nineth superior industrial and commercial administrative departments consider it necessary to deal with industrial and commercial administrative departments at lower levels of consumer complaints.

Industrial and commercial administrative departments at lower levels of consumer complaints, that need to be dealt with by the superior administrative departments for industry and commerce, can be reported to a superior industrial and commercial administrative departments.

    Hong Kong industry and commerce administration departments at or above objection arises because jurisdiction and submit them to the level specified by the Administrative Department for industry and commerce on their common jurisdiction.

    Tenth industrial and commercial administrative departments and agencies found that consumer complaints do not fall within the scope of industrial and commercial administration departments, shall timely inform the consumer complaints to the relevant administrative departments.

    Chapter programs

11th consumer complaints should be subject to the following conditions:

(A) have a clear complaint;

(B) there are specific complaints, facts and reasons for the request;

    (C) belong to the scope of industrial and commercial administration departments.

12th consumers by mail, fax, SMS, email and complaint 12315 website platform in the form of complaints, shall be stated: the consumer's name and address, telephone number and other contact information; was the complainant's name and address; requirements for complaints, arguments and relevant facts; date of complaint.

    Consumer telephone, come in the form of complaints, staff of the Administrative Department for industry and commerce shall record the information in the preceding paragraph.

13th consumers can I lodge complaints can also be commissioned on its behalf. Consumer complaints of agent, shall be submitted to the Administrative Department for industry and Commerce of the complaint provided for in article 12th material, the original power of Attorney, as well as the identity of the trustee.

    Power of attorney shall set forth the matters entrusted, permissions and terms, and shall be signed by the consumer.

14th customer for two or more persons, common subject matter of the complaint, industry and commerce administration departments accepted can be combined, and agreed by the parties, for the common complaint. Common complaints can be two representatives elected and authorized in writing by the consumer complaints.

    Complaints of such representatives on behalf of consumers come into force, they represent change, have given up requests, or reconciliation, should be representative of the consumers agree.

15th jurisdiction of administrative departments for industry and commerce shall, within seven working days from the date of receipt of a consumer complaint, to address them and inform the complainant:

(A) the complaints admissible in conformity with the provisions and inform the complainant;

    (B) the complaint does not meet the requirements was inadmissible, and notify the complainant of inadmissible grounds.

The 16th following a complaint inadmissible or terminate the complaint:

(A) not part of the scope of industrial and commercial administration departments;

(B) the purchased product after expiry date, respondent was no longer bears the liability for breach;

(C) have mediation of Administration for industry and commerce organizations;

(D) consumer associations or other organizations such as organization of people's mediation mediation or is being processed;

(E) the courts, arbitration organ or other administrative departments have been accepted or processed;

(Vi) the consumer knew or should have known that their rights had been violated for more than a year, or consumers could not confirm their rights are being infringed;

    (G) to comply with the provisions of national laws, rules and regulations.

    17th after the industrial and commercial Administrative Department accepts consumer complaints, the parties agree to mediation, and industrial and commercial administration departments shall organize the mediation and shall inform the parties of the time and place of mediation, mediators and other matters. 18th conciliation presided over by the staff of the administration of industry and commerce.

    Agreed by the parties, industrial and commercial administrative departments may invite relevant social organizations and professionals to participate in mediation.

19th mediation staff of administrative departments for industry and commerce are consumers ' rights and interests of the parties involved close relatives or other interests of the parties, may affect the impartial handling of complaints, shall withdraw.

    Mediator the Parties applying for withdrawal shall be promptly aborted mediation activities, and by the head of the Department of industry and commerce administration the mediators make their withdrawal decisions.

20th industrial and commercial administrative departments to implement mediation, consumer disputes the parties may be required to provide evidence, if necessary, in accordance with the relevant provisions of the laws, rules and regulations, investigation and evidence collection.

    Unless otherwise provided by laws and regulations, consumer disputes the Parties shall provide evidence for his claim.

21st require identification or detection in the conciliation process, negotiated by the parties concerned, to a qualified appraiser or the person for identification and testing. Identification or detection of the cost will be claimed by one of the parties to advance, can also be borne by the parties in consultation.

    Except as otherwise provided by laws and regulations.

    22nd in the industrial and commercial administrative departments in the mediation process, you need to delegate different industrial and commercial administrative departments to assist in the investigation and evidence, it shall issue a written authorization, entrusted with the administration of industry and commerce shall be assisted. 23rd industrial and commercial administrative departments in the mediation process, the statement should be fully listened to consumers ' rights and interests of the parties involved, ascertain the facts, in accordance with the relevant laws and regulations, according to different situations to dispute settlement.

    Parties on the basis of equal consultation, guide the voluntary conciliation agreements reached by the parties.

24th under any of the following circumstances, terminate the mediation:

(A) the consumer withdraws the complaint;

(B) the party refuses without good reason not to participate in the mediation or conciliation;

(C) consumers are dispute in the mediation process on the same applies for arbitration or litigation;

(D) the parties of their own accord;

    (E) shall be terminated.

25th consumer Administration for industry and commerce organizations parties to the dispute to a conciliation agreement shall be mediation.

    The conciliation statement shall be signed or sealed by the parties and mediators, stamped with the seal of the Administrative Department for industry and commerce, the party holds one, and industrial and commercial administrative departments retained an archive.

    Article 26th consumer disputes the parties see the need of mediation, agreed by the parties, mediation agreements may take the form of oral, administration for industry and Commerce mediators should be recorded for future reference.

27th consumers disputing parties and request to have jurisdiction over the administration of industry and commerce, industrial and commercial administrative departments can be handled immediately, you can also set a date for processing.

    Local Office of the industrial and commercial administration departments can tour accepts consumer complaints within their districts, and handle consumer disputes.

    After a conciliation agreement, the 28th, deemed necessary by the parties, in accordance with the relevant provisions common to the people's Court for judicial confirmation.

29th have jurisdiction over the administration of industry and commerce should be accepting consumer complaints within 60 days of the date end mediation; mediation the mediation shall be terminated.

    Require identification or detection, identification or detection time does not count within 60 days.

    30th industrial and commercial administrative departments to deal with consumer complaints in the abuse, negligence, malpractice, shall be subject to punishment.

    The fourth chapter by-laws

    31st farmers purchase and use directly in agricultural production by means of complaints, in accordance with the measures implemented.

    Articles 32nd turn on other sectors falling within the scope of industrial and commercial administration departments of consumer complaints, according to the seventh or eighth of these measures shall apply.

    The 33rd in the industrial and commercial administrative departments to deal with consumer complaints, operator is found in illegal acts or violations of consumer reports's Manager, in accordance with the regulations on the administration of industry and Commerce administrative penalty procedures dealt with.

    34th article of the way in the style of the instrument by the State administration for industry and Commerce formulate uniform.

    35th article of the approach by the State administration for industry and commerce is responsible for the interpretation. 36th article of the rules take effect on March 15, 2014. On March 15, 1996, the original Commerce 51st order publication of the interim measures for the administration of industry and Commerce receiving consumer complaints and March 15, 1997, the original Commerce 75th order consumer complaints handled by the Administration for industry and Commerce published implementation measures be repealed simultaneously.

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