(The people's Government of Anhui Province, March 20, 2007 the 51st Executive meeting on March 27, 2007, Anhui provincial people's Government, the 199th announced as of May 1, 2007) Chapter I General provisions article in order to standardize the price supervision and inspection, and promptly investigate and deal with illegal pricing, protect the legitimate rights and interests of citizens, legal persons and other organizations, in accordance with the People's Republic of China price law, State price regulations on administrative penalties against illegal acts and other laws and regulations, combined with the facts of the province,
These measures are formulated.
Second this approach applies to the provincial price supervision and inspection activities in the administrative area.
Article price supervision and inspection should be protected is open, fair and legitimate market competition, maintain normal price order and correcting price-related violations.
The fourth local price administrative departments of the people's Governments at or above the county level shall price supervision and inspection work within their respective administrative areas, price supervision and inspection bodies responsible for the implementation of its price supervision and inspection work.
Industry and commerce, quality and technical supervision, education, health, supervision, public security and other departments shall, consistent with their respective mandates, assist in price supervision and inspection work. The fifth on illegal pricing and no units or individuals have the right to report.
Price administrative departments should report illegal active units or individuals, to recognize or reward.
Chapter two price behavior of the sixth price of goods and services, in addition to applicable government guidance prices or Government pricing, market-regulated prices, developed independently by business operators in accordance with the laws and regulations on prices.
Article seventh pricing should follow the principles of fairness, legality and good faith.
Eighth article operators should implementation commodity and service price of Government guided, and Government pricing, shall not has following violations: (a) beyond Government guided floating range developed price; (ii) above or below Government pricing developed price; (three) unauthorized developed belongs to Government guided, and Government pricing range within of commodity or service price; (four) ahead of or postponed implementation Government guided, and Government pricing; (five) independence charges project or since set standard charges;
(Six) on Government expressly canceled of charges project continues to charges; (seven) not implementation State and about sector, and Province Government approved of charges offers measures; (eight) according to illegal established charges project or developed charges standard of file charges; (nine) not according to publicity of charges project, and range and standard charges; (ten) take decomposition charges project, and repeat charges, and expanded charges range, way disguised improve charges standard; (11) violation provides to margin, and deposit, form disguised charges;
(12) no legal basis to force consumers to accept the specified service, to purchase specified goods or belonging to consumers should be free to choose consulting, testing, training, information and other services into a mandatory service charges (13) charge fees for the services provided in accordance with the provisions (14) does not perform other acts of government guidance prices and Government pricing.
Nineth article operators should implementation statutory of price intervention measures, and emergency, shall not has following violations: (a) not implementation price declared or price record system; (ii) over provides of post rate, and margins range; (three) not implementation provides of limit, and minimum price; (four) not implementation concentrated pricing permission measures; (five) not implementation freeze price measures; (six) not implementation statutory of price intervention measures, and emergency of other behavior.
Article tenth purchase and sale of goods or services, should be clearly marked, shall not be under any of the following offences: (a) does not indicate the price, (ii) in accordance with the provisions of the content and pricing; (c) in addition to the price increase the sale of goods or the payment of any fee not indicated and (iv) other acts in violation of price. 11th article operators should law developed belongs to market regulation of price, shall not has following violations: (a) mutual collusion, manipulation market, damage other operators or consumers of lawful rights and interests of; (ii) except law price processing fresh commodity, and seasonal commodity, and backlog commodity, commodity outside, to exclusion competition opponents or exclusive market, to below cost of price dumping, disrupt normal of production business order, damage national interests or other operators of lawful rights and interests of; (three) fabricated, and spread price information, Bid up price, promoted commodity price high rose; (four) using false of or makes people misunderstanding of price means, lured consumers or other operators with for trading; (five) provides same commodity or service, on has equal trading conditions of other operators implemented price discrimination; (six) take raised grade or down grade, means acquisition, and sales commodity or provides service, disguised improve or down price; (seven) violation legal, and regulations of provides profiteering; (eight) legal, and
Other price-related violations prohibited by laws and regulations.
Chapter III supervision article 12th prices oversight to Government oversight and supervision into full play and the role of supervision by public opinion.
The 13th price administrative departments should adhere to management and service combined with the principle of promoting price integrity, guidance operators establish and improve price management system, standardize price behavior.
Price supervision and inspection the price administrative departments should adhere to the principle of combining prevention, education and punishment, establishing prior informed and subsequent return system.
14th price administrative departments should strengthen the law enforcement team-building, improving the legal system of administrative law enforcement personnel and professional quality.
Price administrative departments of law enforcement officials should receive regular legal and operational training, assessment, failed to pass the examination and shall not engage in price supervision and inspection work.
15th article price administrative competent sector for price supervision check of duties is: (a) publicity price legal, and regulations, and regulations; (ii) law on price behavior implementation supervision check; (three) law on price violations implementation administrative punishment; (four) Guide subordinate Government and about sector of pricing behavior; (five) Organization, and guide subordinate price administrative competent sector carried out price supervision check work; (six) legal, and regulations and regulations gives of other duties.
16th article price administrative competent sector for price supervision check Shi, can exercise following terms: (a) asked party or about personnel, and requirements its provides proved material and and price violations about of other information; (ii) query, and copy and price violations about of books, and documents, and voucher, and electronic data, and file and the other information, check and price violations about of bank information; necessary Shi, can through recording, and video, and photo, way collection about evidence material;
(C) check the property price violations relating to (iv) in the case of after that evidence may be destroyed or lost or difficult to obtain, may be registered according to law preserved. 17th price supervision and inspection by Inspector shall provide necessary books, invoices, documents, electronic data, documents and other information, answer questions truthfully, and shall not refuse or obstruct the inspection, shall not conceal, removal, destruction of relevant documents, shall not provide false information.
Other interested parties and witnesses who inspected or query shall faithfully reflect the situation, not to make false statements.
Competent price Administrative Department and law enforcement officers may lawfully obtained information or knowledge of price supervision and inspection for any purpose other than in accordance with law, shall not be divulging of trade secrets.
18th article price administrative competent sector for price supervision check Shi, found operators of violations while has following three species case of, right to ordered its suspended related business: (a) violations plot complex or plot serious, by identified Hou may give more heavy punishment of; (ii) not suspended related business, violations will continues to of; (three) not suspended related business, may effect illegal facts of finds, take other measures and insufficient to guarantee identified of.
19th the price administrative departments of law-enforcement officers should be strictly in accordance with the terms and procedures for the supervision and inspection.
Price administrative departments when conducting supervision and inspection of law enforcement personnel, there should be 2 or more persons to participate in, and to the parties to present their certificate of administrative law enforcement.
20th the price administrative departments should guide the consumer organizations, workers ' organizations such as price monitoring organizations, residents ' and villagers ' committees, as well as consumers, and rural and urban lives, relation of price action closely monitored.
Price administrative departments from the preceding paragraph and consumers engage in supervisor, supervising the price action.
21st news, publishing, radio, television and other units shall improve their advocacy of price laws and regulations, disclosure of price-related violations, the pricing practices of supervision by public opinion.
22nd the price administrative departments shall establish a price violation reporting system to publish reports of phone, mailing address or email address.
Price Administrative Department receives reports of price-related violations should be accepted, reports of falling within the terms of reference, it shall investigate and deal with and informed about the results of an informer in the 3rd after closing; not part of the terms of reference, shall promptly transfer the jurisdiction over the investigation and inform the informers.
Fourth chapter legal liability article 23rd article eighth, Nineth and tenth and 11th article, by local price administrative departments of the people's Government at or above the county level in accordance with the People's Republic of China price law, the State Council regulations on the administrative punishment of the illegal laws and regulations will be punished.
24th operators had been ordered to suspend operation and does not stop, transfer, concealment, destruction or duly register property, prices of local people's Governments at or above the county level administrative departments of related financial results or transferred, concealed or destroyed property worth more than 1 time fined not more than 3 times. 25th refused to provide supervision and inspection required information or provides false information, local price administrative departments of the people's Government at or above the county level shall be ordered to correct and given a warning.
It fails, may be fined not more than 50,000 yuan; directly responsible for the charge and other direct liable persons shall be given administrative sanctions in accordance with personnel management rights draws attention to the relevant departments.
26th, by means of violence, threats, refuses or obstructs the price administrative departments of law-enforcement personnel shall perform corporate or spotters of retribution, by the public security organs shall be subject to punishment constitutes a crime, criminal responsibility shall be investigated according to law.
27th price refuses to accept the decision on administrative penalty made by the administrative authorities, shall first apply for administrative reconsideration refuses to accept the decision on administrative reconsideration, may initiate litigation to the people's Court according to law. 28th competent price administrative departments shall be ordered to suspend business, the larger the amount of administrative penalties such as fines, decisions should be made in administrative punishment, the punishment decided to submit in a timely manner level people's Governments and competent price Administrative Department at a higher level for the record.
Accept the filing of administrative penalties for illegal or improper, and should be ordered to correct them.
29th article price administrative competent sector in price supervision check work in the has following behavior of, on directly is responsible for of competent personnel and other directly responsibility personnel, by about sector in accordance with personnel management permission law give administrative sanctions; constitute crime of, law held criminal: (a) on price violations, not law processing; (ii) on hosted of reported matters delay, and shuffle or not law processing; (three) leaked party of commercial secret; (four) in price supervision check work in the obtained, and received property;
(E) other acts in violation of the duties of supervision and inspection.
The fifth chapter supplementary articles article 30th supervision and inspection on administrative fees, local price administrative departments of the people's Government at or above the county level based on rights and responsibilities, in accordance with the measures implemented.
31st article this way come into force on May 1, 2007.