Jiangsu Province, Jiangsu provincial people's Government on the revision of the measures for the supervision and administration of contracts decision
(December 19, 2009 at the 41st Executive meeting of Jiangsu province by Jiangsu provincial people's Government on December 22, 2009 the 60th release come into force on the date of promulgation), Jiangsu Province people's Government decision on the measures for the supervision and administration of contracts as follows:
First, by deleting article fourth, sixth and seventh.
Second, the eighth to the sixth paragraph (c) is amended as: "exclusion or limitation providers of standard clauses may cause personal injury shall bear legal responsibility."
An additional, as paragraph (d): "exclusion or limitation providers of standard terms for intentional or gross negligence caused other property damage liability."
Third, the addition of an article, as the Nineth: "contracts contain standard clauses, providers of standard terms should contract with the date in the 10th, contract administration for industry and Commerce for the record, but in accordance with the second paragraph of this article seventh as standard clauses of the contract unless:
(A) real estate, Realtor, House decoration, property management contracts;
(B) power supply, water supply, heat supply, gas supply contracts;
(C) tourism, sale contracts;
(D) the cable television, telecommunications service contracts;
(E) the provincial industrial and commercial administration authorities to safeguard the State interests and public interests, requirements for the record contains standard terms of contract.
"The record copy of the contract, content changes, providers of standard terms should be changed again reported to the administrative authorities for industry and Commerce of standard clauses for the record. "The vertically below the provincial management of the industry, its standard terms of contract for the record Office for provincial administration for industry and commerce industry standard terms of contract for the record Office for the residence Administration for industry and commerce.
Higher authorities for the record copy of the contract, will not repeat the record. "Text of the filed contract, in its left corner position raise the contract covers ' filed '. Using the contract demonstration text issued by the national and provincial, not needed for the record.
” Four, addition of an article, as the tenth: "industrial and commercial administrative organ for the record review of contract format terms found in violation of this provision, shall, from the date of receipt of the record 20th written amendments to the format provided.
Standard term provider shall, from the date of receipt of the amendments in the 20th amendment contract format terms.
"Providing party objects to the amendment of the standard terms, may 10th from the date of receipt of the amendments made in writing to the industrial and commercial administrative organs of statement and averment or hearing requirements. "Standard clause provides parties of statement and averment, administration for industry and commerce shall be received within 30th of the written replies of statement and averment require hearings, administration for industry and commerce shall, from the date of receipt of the hearing request within the 30th hearing.
Five, add one, as the 11th article: "industrial and commercial administrative organs of hearing, and hearing shall be held in the 7th, will hold a hearing time and place notified providers of standard clauses and other interested persons.
"When the administration of industry and Commerce held a hearing, should be invited to relevant administrative departments, consumer associations, industry organizations and experts and consumer representatives. "The industrial and commercial administrative authority shall after the end of the hearing make a decision on whether to amend the contract terms in the 15th.
” Six and the addition of an article, a 12th: "after the statement and averment or hearing, industry and commerce administration authorities shall amend the contract terms, standard term provider shall on receipt of the industrial and commercial administrative organs a written reply or the date of the hearing decision amend the contract terms in the 20th.
” Seven, the 13th to the 15th, amended to read: "no units or individuals shall not be for a person to commit this article 13th, 14th column offered certificates, business licenses, stamps, accounts, vouchers, and other facilities.
Eight, by deleting article 14th. Kowloon and the addition of an article, as the 16th: "operator outside the contract in writing or public service commitments made in the form of the mass media, should be regarded as an integral part of the contract, in violation of pledges shall bear the liability for breach.
” Ten, add one, as the 17th: "understanding of standard terms dispute, shall be interpreted in accordance with common sense. There are two kinds of format clauses defined above should be made against the format provider's interpretation of the terms. Standard term and non-standard terms are not consistent, non-standard terms should be used.
” Cheung added, as the 18th: "filed contain standard clauses of contracts, administrative organs of industry and commerce should be publicity on the Internet. The promising industry contracts and other contracts, industrial and commercial administrative authority shall, in conjunction with other departments to develop contract demonstration text, in a province-wide use and available for free download on the Internet, for the parties to a contract choose to use.
” 12, the addition of an article, as the 19th: "format provider shall alter filed articles contain standard terms of contract, or pretending to be documented in the contract did not record contract.
” Under article 13, the 15th to 20th and amended as: "enterprises, individual businesses and agricultural producers to the existing, as well as some production equipment, raw materials, semi-finished products, product collateral, chattel mortgage shall sign contracts to the mortgagor's domicile in accordance with the principle of voluntary administrative organ for industry and commerce registration of the mortgage. Administration for industry and commerce shall be requested by the parties in accordance with the law of chattel mortgage registration.
14, by deleting the 20th and 21st. Section XV, the 22nd to 25th and amended as: "disobey the sixth, eighth and Nineth/the first paragraph and the second paragraph, article tenth, 12th and 19th article, the Administration for industry and commerce shall order correction within; it fails, fines of between 10,000 yuan.
” Under article 16, the 23rd to 26th and amended as: "the violation of the provisions of article 13th, industrial and commercial administrative organs or cheated by other relevant administrative authorities shall order the return of property, and may be fined not more than RMB 30,000 yuan.
” 17, the 24th to the 27th, is revised as follows: "article 14th of this approach (a) to (e) and (h), industrial and commercial administrative organs or other relevant competent administrative departments to give warning depending on the seriousness, fined not more than RMB 30,000 yuan.
” Under article 18, the 25th to 28th and amended as: "the way 14th section (vi) conduct, in accordance with the provisions of the construction engineering quality management regulation will be punished.
” Article 19, the 26th to 29th, amended to read: "this article 14th paragraph (g), in accordance with the People's Republic of China against unfair competition provisions of the law will be punished.
” Under article 20, the 27th to 30th and amended as: "the violation of the provisions of article 15th, industrial and commercial administrative organs or other relevant competent administrative departments to give warning depending on the seriousness, fines of between 10,000 yuan.
Section 21, by deleting the 28th and 29th. Under article 22, the 30th to the 31st, is revised as follows: "the violation of the provisions of the second paragraph of this article 23rd, by the administration of industry and commerce or other relevant competent administrative department in charge shall command a correction; it refuses, fines of between 10,000 yuan.
According to the above changes, order of provisions adjusted accordingly. Purposes from the date of publication of this decision.