Xiamen To Stop Price Gouging And Profiteering Provisions (As Amended In 2007)

Original Language Title: 厦门市制止价格欺诈和牟取暴利规定(2007年修正本)

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(December 22, 1994 in Xiamen City people's Government released 6th December 29, 1997, published by the Xiamen City people's Government, the 69th of the Xiamen municipal people's Government decision on the amendments to regulations and September 30, 2007, published by the Xiamen City people's Government, the 127th of the Xiamen municipal people's Government on the abolition, announced the failure, correction of the decision to modify the part of the regulations) first to safeguard the normal order of market against price fixing, price gouging and profiteering,
    Protect the legitimate rights and interests of operators and consumers to ensure the healthy development of the Socialist market economy, according to the People's Republic of China price law and other relevant laws and regulations, this provision is enacted.
    Article in the Xiamen area who engage in commodity production or provision of paid services to legal persons, other economic organizations and individuals (hereinafter referred to as the operator) shall comply with this regulation.
    Thirdly, operators in business activities, their prices should follow the law, openness, fairness, impartiality and good faith principles, subject to market price order, without prejudice to the legitimate rights and interests of consumers.
    Price is managed by the fourth article of the rules to implement market adjusted commodity prices and fees for management services (referred to the following goods and business services as a commodity, commodity prices and fees for management services referred to as commodity prices).
    Fifth price-gouging in these rules refers to the unfair prices to deceive consumers, and economic interests of victims of acts.
    Profits in these rules refers to business activities, unfair prices, earn extraordinary profits. Sixth the price administrative departments is to stop price gouging and profiteering by the competent authorities, price Inspection Agency has specific responsibility for day-to-day supervision and inspection work.
    Provisions of laws and administrative regulations by other departments of supervision and inspection, in accordance with its provisions.
    The seventh article, standard measures of administration of industry and commerce, public security, supervision and auditing, finance, taxation, food and other departments as well as financial, news agencies and the Consumer Council should be accompanied by price Administrative Department and price inspection agencies to investigate price gouging and profiteering.
    Eighth article of any organization and individual are entitled to price gouging and to supervise the illegal profiteering, right to file a complaint with the price Administrative Department and price inspection agencies and reporting. Nineth article operators shall not used following not due of behavior for price fraud, damage consumers of economic interests: (a) take shoddy, and short feet less scales, and fake grade specifications, and doping fake, and reduced quality, means disguised price of; (ii) take to false of offers price, and discount price, and processing price, and minimum price, cheat sex price deceived consumers of; (three) not by provides price or price Shang has fraud behavior of; (four) to false advertising, and notices fabricated, and
    Spread commodity false market supply and demand information and the and commodity itself value inconsistent of price information, cheat consumers of; (five) hoarding, high speculation of; (six) through dominate the, and strong buy strong sold, and forced service, forced accept its since set of price of; (seven) violation provides each other collusion, joint agreed raised price of; (eight) with monopoly status implemented price monopoly of; (nine) other not due price behavior of.
    Tenth Article operators in business activities in the, shall not used not due of price means, makes its price level over market price level allows of reasonable range, profiteering: (a) business a a commodity of price level over same area, and same time, and same grade, and same commodity of market level allows of reasonable range of; (ii) business a a commodity of post rate over same area, and same time, and same grade, and same commodity of average post rate allows of reasonable range of;
    (C) operate a commodity profits over the same area, same time, same quality, same goods of average rate of profit margins allow reasonable.
    The 11th level of market prices in these rules refers to the normal transactions in the market of goods and services, forming a variety of relatively average, including the corresponding average price and average profit margin rate.
    12th level after using one of the following methods for determination of market prices be found.
    (A) on relationship people's livelihood of important commodity of market level, prices administrative sector should regularly or not regularly for monitoring or special determination, necessary Shi be announced; (ii) on accepted report expose profiteering involved of commodity market price level, by prices administrative sector authorized price check institutions for determination; (three) by prices administrative sector delegate industry learned, and Association, and price industry coordination organization on this industry commodity market price level for determination; (four) by prices administrative sector with business competent sector determination.
    The 13th article of the municipal departments of various industries and organizations guilds, price coordination Association or industry organizations, have an obligation to assist the price administrative departments to delegate or accept the price administrative departments, determination of the price level of goods and services in the industry, and responsibility in accordance with the relevant national regulations on prices Guide and standardize price behavior of operators in the industry.
    Departments in charge of industry, trade association, associations, industry market price levels for the determination of price coordination organizations should be submitted to the municipal pricing administrative authorities approved the record.
    14th business operators shall cooperate with the relevant determination made the determination of the price.
    15th the price administrative departments in accordance with changes in the market conditions on the industry and commodity market price level allows reasonable ranges were determined and adjusted. 16th price inspection bodies is admissible in cases of complaints, reporting profits, and whistleblower complaints, be kept confidential.
    Complaints admissible subject to the following conditions: (a) the complainant must provide a written invoice, purchase or consumption of materials, should also provide other operators are calculated at comparable prices, (ii) complaints of violence, must comply with the implementation of the price Administration Department under the scope of commodities and service fee items; (c) the date of the complaint should be made in the consumption behavior in the 15th.
    17th price complaints accepted by the inspection body or not, should be in response to complaints, reporting within 7th day of informed complaints, whistleblower. 18th where the admissibility of complaints cases reported, you should make a decision within 1 month from the date of acceptance.
    Complex cases require the extension of the time limit, not exceeding 3 months.
    19th price inspectors to conduct price checks, should take the initiative to produce warrants of inspection.
    20th price inspection agencies to supervise and check the price gouging and profiteering, operator and the person shall truthfully provide information relevant to the inspection, or situation.  21st article levels price check organ by their of jurisdiction range on market trading in the of price fraud and profiteering behavior for check Shi, can exercise following terms: (a) according to provides of program asked was check of operators, and interest relationship people, and proved people, and requirements provides proved material or and price fraud and profiteering about of specific information; (ii) query, and copy and price fraud and profiteering behavior about of account book, and documents, and voucher, and file records, and business correspondence and the other about information; 22nd article
    Complaints, Report Manager is not available or can't provide purchase cost and pricing information, according to the tenth article found.
    23rd violates these provisions, price of the price Administration Department in accordance with the relevant laws, rules and regulations shall be punished.
    24th commodity price administration whistleblower on price violations case by case awarded to 10% of the confiscations, but each case is generally not more than 2000 Yuan.
    25th refuses or obstructs the State personnel performing official business according to law, violating the administration of public security, by the public security organs in accordance with the People's Republic of China Law on administrative penalties for public security provisions, constitute a crime, criminal responsibility shall be investigated according to law.
    26th State organ personnel who abuse their powers, neglect their duties, by their work units or higher authorities, impose administrative sanctions, to constitute a crime, criminal responsibility shall be investigated according to law.
                            The 27th article of the provisions come into force on April 1, 1995.