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On Amendments To The Trial Procedures For Price Supervision And Inspection In Gansu Province's Decision

Original Language Title: 关于修改《甘肃省价格监督检查试行办法》的决定

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In order to promote decentralization, the innovative fee regulation approach followed up on the implementation of the national system for the uniform elimination of royalties, with the following modifications to the Gang Province Mortgang Morttgage Inspection pilot scheme, published by Government No. 58 of 20 August 2009:

The name will be changed: “A pilot approach to price supervision in Gang Province” to reads as follows:

Delete article 14.

In article 18, the words “and may be suspended or cancelled”.

Delete article 20.

In the language and the order of the provisions, the text was released following the consequential changes and adjustments in this decision.

Gang Province price inspection method

Article 1, in order to strengthen the inspection of prices, regulate price and fees, protect the legitimate rights and interests of citizens, legal persons and other organizations, develop this approach in line with relevant laws, regulations, such as the People's Republic of China price law, the regulations on administrative penalties for price violations, the Gang Province price management regulations.

Article II applies to the supervision of commodity prices, operating charges, and administrative expenses in the territorial administration.

Article 3 above-level price authorities are responsible for overseeing the inspection of prices within the current administrative area, and administrative penalties are imposed by law for price violations. Specific terms of reference and division of labour are determined by provincial price authorities.

Article IV. Price authorities shall not be less than two persons when carrying out price inspections and shall present administrative law enforcement documents.

Article 5 The price authorities shall conduct investigations, inquiries, and shall be entitled to inspect, replicate relevant accounting vouchers, books, statements, computer storage data, documents and other information in accordance with the statutory procedures and mandates. No unit or person may refuse, impede and interfere with the price authorities by enforcing price inspections by law.

In cases where the evidence is likely to be disappear or otherwise difficult to obtain, the price authorities may take pre-registration conservation measures in accordance with the law.

The price authorities shall not use the evidence obtained by the law or the information they know to be used for purposes other than price supervision and shall not disclose the commercial secrets of the party.

Article 6. The price authorities may invite representatives of the public, parliamentarians and mass groups to participate in the price inspection activities.

The price authorities may hire the social concerned to act as price law enforcement supervisors to oversee price inspection activities.

Article 7. Consumer organizations, workers' price monitoring organizations, resident councils, villagers councils and consumers have the right to social oversight of price behaviour. The price authorities should fully play a public price oversight role.

Article 8. The price authorities should establish a system of reporting on price violations, publish the telephone, communication addresses or e-mail boxes. The price authorities should be registered after reports of price violations, and the reporting matter within their duties should be dealt with in accordance with the law and communicated the results to the reporting person within 5 days of the closure; the transfer of jurisdictional sectoral investigations should be transferred in a timely manner and the reporting person.

The price authority shall be confidential to the reporting person. The reportingers are not directly charged with multiple receipts or fees to the reported person, and are processed by the price authorities.

The price authorities should provide recognition or incentives to those reporting price violations.

Article 9

Article 10 Permissible behaviour, fees shall be in accordance with the provisions of the law, regulations and regulations.

The operators should comply with the price approach, price rules and price norms developed by States and provinces.

Costs such as meals, air conditioners, tea fees, seating fees, meals, bottle fees, meals, meals and royalties shall not be charged for extra-budgetary fees or for other forms of excise. Except as otherwise provided by the State.

Article 11

(i) The use of the adverse conditions, the environment, etc. of the transaction, which threatens the acceptance of high-cost commodities or services by the transaction;

(ii) Enforcing trading to accept high-cost commodities or services in a manner that is defined by type, quantity and scope;

(iii) In a manner of limitation, such as resale or conditionality, forced trading to accept high-cost commodities or services;

(iv) Bring the transaction to accept high-cost commodities or services, including by disclosing the acceptance of the trader;

(v) To compel transactions to accept high-cost commodities or services by means of administrative power;

(vi) Force transaction to accept other acts of high-cost commodities or services.

High prices refer to more than 30 per cent of the average price of the same commodity or service market for operators.

The average market price is determined by the city, the State's price authorities and made public.

Article 12

(i) Be higher or less than the standard fees provided by the State;

(ii) In advance or delay the implementation of the State-mandated charges standards;

(iii) Self-relevant charges and self-determined standard charges;

(iv) Removal or discontinuation of the charges imposed by the order and no cessation of the execution or change of the name shall continue to be charged;

(v) The non-implementation of fee relief policy fees;

(vi) Extempts to expand the scope of fees, increase the frequency of fees, distributive projects, duplicate charges, change the fees, and extend the fee period;

(vii) In violation of the provisions to guarantee payment, mortgage, lag, saving, pooling, sponsoring and other forms of leakage;

(viii) No management responsibilities, non-service delivery or reduction of service rates;

(ix) There is no legal basis for the mandatory requirement for the management to participate in training, academic research, technical examination, screening ratings, announcements, etc., or to require the management to join associations such as the Institute, associations and collect fees;

(x) There is no legitimate basis for the use of the authority to receive expenses for others;

(xi) Other fraudulent charges prohibited by law regulations.

Article 13

Article 14.

Article 15 Operators, in violation of article 10, paragraph 3, of this scheme, are subject to orders from the price authorities, which are less than 30,000 fines.

In violation of article 11 of this approach, the operator is responsible for repropriation, confiscation of proceeds of the law, which may be subject to a fine of five times the proceeds of the violation; in exceptional circumstances, suspension of the operation or the suspension of the licence by the business administration.

Article 17 Individuals responsible for direct responsibility and those responsible may be brought to the relevant authorities to administrative disposal in accordance with the law.

Article 18

The authorized units shall return the receipt fees to the payer; they cannot be returned or returned for the prescribed period and the collection country's bank.

Article 19, the operator, the administrative charging unit, in violation of article 14 of this scheme, is responsible for renovation, confiscation of the proceeds of the offence, with a fine of up to 5,000.

Article 20 provides for clear penalties for the price of the operator, the administrative service, and penalties under the laws, regulations.

Article 21 Operators, administrative charging units have been refunded for a period of up to 15 days for consumers or service recipients due to price violations. It is difficult to locate consumers or service recipients of multiple payments, to issue a notice of responsibility, to the maximum of 30 days.

The operator, the administrative charging unit refused to pay the price of the consumer or service in accordance with the preceding paragraph, as well as the failure to refund at the end of the period of time, forfeiture by the price authorities, and the consumer or service provider's request for refund, and civil responsibility by the operator, the administrative service charge unit was vested under the law.

The supervisory inspection activities of the lower price authorities should be monitored by the superior price authorities in article 2. The penalties imposed by the lower-level price authorities determine violations or penalties that are inappropriate and impose their deadlines.

Article 23. The Government of the above-mentioned population at the district level and its relevant authorities transcend the management authority pricing, the price, the development of the fee-for-feasing project and criteria, which are to be corrected and criticized by the Government or the price authorities; and to the competent and direct responsible personnel directly accountable, may be brought to administrative disposal by the relevant authorities in accordance with the law.

The operator, the administrative service charge unit, based on the ultra vires document, develops prices, adds the charges and adjusts the fees standard, refunds the multiple receipts; it is not possible to return the collection country's bank.

Article 24 states that the price authorities have the following acts in the price supervision of inspection activities, which are being corrected by the same-level people's Government or the lower-level government price authorities and may inform criticism. The competent and direct responsible personnel directly responsible are brought to the relevant authorities to the administrative disposal in accordance with the law:

(i) The collection of evidence in violation of statutory procedures, which undermines the legitimate rights and interests of citizens, legal persons or other organizations;

(ii) Abuse of authority, provocative fraud and non-compliance with price violations;

(iii) To play a role in depriving, delaying, depriving or failing to comply with the law of the contractor's price reporting;

(iv) Disclosure of State secrets and the commercial secrets of the parties, which will be used by law for price checking information for other purposes other than price supervision;

(v) To request and receive property in the price inspection process;

(vi) Other acts of oversight of inspection duties.

Article 25