Guizhou Province, Administrative Penalties Against Illegal Acts Make Provision

Original Language Title: 贵州省价格违法行为行政处罚规定

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(Guizhou Provincial people's Government on December 27, 2006 at the 46th Executive meeting on January 11, 2007, Guizhou Provincial people's Government promulgated as of March 1, 2007, 98th) article to bring price-related violations, protect the legitimate rights and interests of consumers and business operators, in accordance with the People's Republic of China price and the price regulations on administrative penalties against illegal acts, the Guizhou Provincial price regulations, combined with the facts of the province, these provisions are formulated.
    Article illegal imposition of administrative penalty within the administrative area of the province, these provisions shall apply.
    Third Government price departments above the county level shall conduct supervision and inspection on price action and impose administrative penalties on illegal pricing.
    Relevant departments under the people's Governments above the county level within the scope of their respective duties, assist Department in charge of price with the price administrative punishments in accordance with law.
    Fourth violation of the price law impose administrative penalties, and shall comply with the procedure of administrative punishment, the facts are clear and evidence is accurate, qualitative, process.
    Does not comply with the statutory procedures, administrative penalty is not valid.
    Fifth article operators violation price provides, has following behavior one of of, ordered corrected, confiscated illegal proceeds, can and at 5000 Yuan following fine: (a) not marked price of; (ii) not by provides of content and way price of; (three) not show charges license charges of; (four) not by provides in business places or public publicity commodity price or service charges of project, and standard, and according to and price reported phone of;
    (E) in addition to the price increases of the sale of goods or the payment of any fee not indicated (vi) do not provide price records or information on the approved price; (VII) allowed to print labels or price list; (h) the content and mode of use without the producer's price and (IX) other acts contrary to the provisions on marking clearly.
    Sixth article operators has following price fraud behavior one of of, ordered corrected, confiscated illegal proceeds, can and at illegal proceeds 5 times times following of fine; no illegal proceeds of, be warning, can and at 50,000 yuan following of fine; plot serious of, ordered closed reorganization: (a) using cheat sex or misleading sex of language, and text, and pictures, and audio, and measurement units, way price of; (ii) marked of market minimum price, and ex-factory price, and wholesale price, and specials, and Acura price, price no according to or no compared of;
    (C) for the same goods or services, in the same place at the same time using different price price tag or the price list, and (iv) improving commodity prices or charge in a disguised form.
    Seventh article operators has following price fraud behavior one of of, ordered corrected, confiscated illegal proceeds, can and at illegal proceeds 5 times times following of fine; no illegal proceeds of, be warning, can and at 100,000 yuan following of fine; plot serious of, ordered closed reorganization: (a) price sales by marked of discount commodity or service and actual inconsistent of; (ii) fictional price, and fictional price reasons, and false offers discount, and lied about price or will price,;
    (C) take additional gift when you sell goods or provide services, do not indicate the name of gift items, specifications, service number, rank, and service projects, and (iv) no service fees, (v) to implement market adjusted commodity prices and service fee, lied to government guidance prices or pricing.
    Eighth article operators violation People's Republic of China price method 14th article of provides, take raised grade or down grade, means sales, and acquisition commodity or provides service, disguised improve or down price of, ordered corrected, confiscated illegal proceeds, can and at illegal proceeds 5 times times following of fine; no illegal proceeds of, give warning, can and at 10,000 yuan above 100,000 yuan following of fine; plot serious of, ordered closed reorganization, or by business administration organ revoked license.
    Nineth article operators not implementation Government guided, and Government pricing, has following behavior one of of, ordered corrected, confiscated illegal proceeds, can and at illegal proceeds 5 times times following of fine; no illegal proceeds of, can at 20,000 yuan above 100,000 yuan following of fine; plot serious of, ordered closed reorganization: (a) forced or disguised forced service and charges of; (ii) violation provides to margin, and deposit, form disguised charges of; (three) not according to provides provides service and charged costs of;
    (D) is not required to apply for fee license or pay a license without the annual audit fees.
    Tenth Article operators not implementation Government guided, and Government pricing, has following behavior one of of, ordered corrected, confiscated illegal proceeds, can and at illegal proceeds 5 times times following of fine; no illegal proceeds of, can at 20,000 yuan above 200,000 yuan following of fine; plot serious of, ordered closed reorganization: (a) beyond Government guided floating range developed price of; (ii) above or below Government pricing developed price of; (three) unauthorized developed belongs to Government guided, and Government pricing range of commodity price of;
    (Four) unauthorized established belongs to Government guided or Government pricing range of service charges project, charged charges license Shang not marked of charges or improve charges standard of; (five) ahead of or postponed implementation Government guided, and Government pricing of; (six) independence charges project or since set standard charges of; (seven) take decomposition charges project, and repeat charges, and expanded charges range, way disguised improve charges standard of; (eight) not by provides fill in charges notes, extended charges time, increased charges frequency of;
    (I) expressly canceled by the Government continued to charge fees and charges; (j) to alter, forge, sale price, charges permits and (11) do not perform other acts of government guidance prices and Government pricing.
    11th article operators provides same commodity or service, on has equal trading conditions of other operators implemented price discrimination of, ordered corrected, confiscated illegal proceeds, can and at illegal proceeds 5 times times following of fine; no illegal proceeds of, be warning, can and at 30,000 yuan above 150,000 yuan following of fine; plot serious of, ordered closed reorganization, or by business administration organ revoked license.
    Article 12th profiteering in violation of laws and regulations, correction, confiscation of illegal income, and may be fined not more than 5 times the illegal income in serious cases, to order the rectification, or the administrative authorities for industry and commerce shall revoke business licenses.
    13th article operators has following behavior one of of, ordered corrected, confiscated illegal proceeds, can and at illegal proceeds 5 times times following of fine; no illegal proceeds of, be warning, can and at 30,000 yuan above 300,000 yuan following of fine; plot serious of, ordered closed reorganization: (a) using administrative sex monopoly or industry sex monopoly of advantage, violation provides charges or mandatory sales commodity or mandatory provides service, mandatory acquisition or disguised prices acquisition commodity;
    (Ii) fixed price or limit the resale price; (c) through agreements, resolutions or coordination between operators, such as collusion, manipulation of market prices, damage the lawful rights and interests of other operators or consumers. 14th article operators 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 of, ordered corrected, confiscated illegal proceeds, can and at illegal proceeds 5 times times following of fine; no illegal proceeds of, be warning, can and at 30,000 yuan above 300,000 yuan following of fine; plot serious of, ordered closed reorganization,
    Or the administrative authorities for industry and commerce shall revoke business licenses.
    15th article operators not implementation statutory of price intervention measures, and emergency, has following behavior one of of, ordered corrected, confiscated illegal proceeds, can and at illegal proceeds 5 times times following of fine; no illegal proceeds of, can at 40,000 yuan above 400,000 yuan following of fine; plot serious of, ordered closed reorganization: (a) not implementation price declared or price record system of; (ii) over provides of post rate, and margins range of; (three) not implementation provides of limit, and minimum price of;
    (D) measures are not centralized pricing authority; (v) do not perform measures on freezing the price; (vi) do not perform other statutory price intervention measures, emergency measures Act.
    Article 16th fabricated spreading price information to bid up prices, pushing up commodity prices were too high, causing consumer panic, correction, confiscation of illegal income, and may be fined not more than 5 times the illegal income; no illegal proceeds, with a warning, and a fine of less than 20,000 yuan and 200,000 yuan in serious cases, to order the rectification, or the administrative authorities for industry and commerce shall revoke business licenses.
    Used for natural disasters or unexpected event price-gouging, charging violation of provisions shall be ordered to correct, confiscate the illegal income, and may be fined not more than 5 times the illegal income; no illegal proceeds, with a warning, and may be fined not more than 400,000 yuan in serious cases, to order the rectification.
    17th article this article eighth and Nineth and tenth, 11th, 13th, 14th, 15th, 16th, operator of the article is personal, on no illegal proceeds of illegal pricing and may be fined not more than 50,000 yuan. 18th article of the provisions set forth in fifth to 16th in the illegal proceeds belonging to consumers or other operators to pay more money, ordered operators to return in the 15th. Hard to find consumers that pay more money or other operators, order the Bulletin Search.
    Notice minimum period not later than 5th, maximum of 15th.
    Operators refused to return in accordance with the provisions of the preceding paragraph consumers or other operators to pay more of the cost, as well as the expiry of the notice period has not yet returned to consumers or other operators to pay more of the cost, Government price departments shall be confiscated, consumers or other operators ' request for a refund, the operator shall bear civil liability.
    Article 19th refused to provide the Government price and production activities need business, profit-related books, bills, vouchers, documents, and other information, rectification, with a warning; it fails, may be fined not more than 20,000 yuan.
    Operators provide false operation, profit and other relevant account books, bills, vouchers, documents, and other information, rectification, with a warning, and may be more than 20,000 yuan to 50,000 yuan fine. 20th the price administrative departments ordered closed, charges for revoked license, large amount of fine in administrative penalty decision, shall inform the party concerned has the right to request a hearing.
    The parties to request a hearing, price departments shall organize the hearing.
    Large amount of fine standards according to the Guizhou Provincial people's Government on administrative penalties large amount of fine implementation of the provisions of the standard.
    Article 21st of the People's Republic of China on administrative punishment law 27th situations listed in section, shall be given a lighter or mitigated punishment.
    Operators has following case one of of, should from heavy punishment: (a) price violations serious or social effect larger of; (ii) repeatedly check repeatedly made of; (three) forged, and altered or transfer, and destroyed evidence of; (four) transfer and price violations about of funds or commodity of; (five) operators refused to according to this provides 18th article first paragraph provides returned consumers or other operators more pay price of; (six) should to from heavy punishment of other price violations.
    22nd an operator refuses to accept the decision on administrative penalty to the Government Department in charge of price, you should apply for administrative reconsideration; refuses to accept the decision on administrative reconsideration, administrative litigation can be brought before the people's Court according to law.
    23rd punished operator fails to pay the fine, 3% Add a fine in amount of the daily penalty; fails to pay illegal income, daily amount of illegal gains of 2 ‰ plus a fine.
    24th operators price law enforcement officials leaked State secrets, business secrets or violates the law enforcement procedures, abuse of power, negligence, malpractice, and does not constitute a crime, the managers directly responsible and other persons directly responsible shall be given administrative sanctions.
  25th article of the regulations take effect on March 1, 2007.