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, innovation rate regulation, implementation of the unified national removal of the permit system on August 20, 2009 58th order released by the provincial Government of Gansu Provincial price supervision and inspection of the pilot scheme as follows: first, the name: "the trial measures for the Gansu Provincial price supervision and inspection" is amended as: "the Gansu Provincial price supervision and inspection".

Second, delete article 14th.

In the third, the deletion of article 18th "and may lead to suspension or cancellation fee license".

Four, delete article 20th.

   

Word and letter order, pursuant to this decision to be modified and adjusted accordingly, republished.

Price supervision and inspection methods in Gansu province the first in order to tighten price supervision and inspection work, normative price and charge, and protect the legitimate rights and interests of citizens, legal persons and other organizations, according to the People's Republic of China price provisions, the law on administrative punishment on price violations, the Gansu Provincial price regulations and other relevant laws and regulations, combined with the facts of the province, these measures are formulated.

The second article of the regulation is applicable in the province within the administrative area of commodity price, management fees, administrative fees the supervision and inspection activities. Third price administrative departments at and above the county level shall be responsible for supervision and inspection work within their respective administrative areas, the illegal imposition of administrative penalty according to law.

Specific permission and Division of labour is determined by price departments.

Article fourth price when price supervision and inspection departments shall be not less than two, and shall show the administrative law-enforcement documents. Article fifth price departments shall, in accordance with legal procedures and terms of reference to make investigations, inquiries, and the right to inspect, copy the relevant accounting vouchers, account books, reports, computer data storage, files, and other information.

No unit or individual may refuse or obstruct, interfere with pricing authorities according to law, the price supervision and inspection.

The evidence may be destroyed or lost or difficult to obtain case, pricing departments to take advance registration and conservation measures.

Price departments shall not be legally obtained evidence or know for purposes other than the price supervision and inspection, not divulging business secrets.

Sixth price authorities may invite the deputies, CPPCC National Committee members and representatives of mass organizations to participate in the price supervision and inspection activities.

Price departments can hire price of concerned members of the community to serve as law enforcement supervisors, monitoring of price supervision and inspection activities. Seventh price supervision and consumer organizations, employee organizations, residents ' and villagers ' committees and other organizations, as well as consumers are entitled to social monitoring of price behavior.

Price price supervision departments should give full play to the masses. Article eighth price departments shall establish a price violation reporting system to publish reports of phone, mailing address or email address.

Price registration after authorities received reports of illegal pricing, on matters falling within the responsibility of reporting, should be admissible and lawful investigation and handling, and, after originally informed of the results of an informer within the 5th; not part of the terms of reference, shall promptly transfer the jurisdiction over the investigation and inform the informers. Price departments shall keep their informants confidential.

Whistleblower inconvenience charge price or more directly to the whistleblower charges, handled by the price Department whistle-blowers.

Department in charge of price reporting should be illegal at that time the staff give recognition or reward.

Nineth above county level people's Government departments, industry associations, enterprises and institutions shall comply with the price laws and regulations, strengthen price discipline, and investigate and deal with illegal pricing to match.

Article tenth of the pricing, fees shall conform to the provisions of the laws, regulations and rules of conduct.

Implementation of operator's pricing of goods and services, the operator shall comply with national and provincial pricing methods, price rules, specifications and prices. Catering services operators spices, tea fee, air-conditioning costs, cover charge, tableware disinfection fee, corkage fee, tableware, etc included in the cost, not to this nominal charge additional fees or other forms of price increases.

Except as otherwise provided. 11th article operators sales commodity and provides paid service, shall not has following behavior: (a) using on trading other adverse of conditions, and environment,, threat trading other accept high commodity or service of; (ii) to specified type, and number, and range, qualified way, forced trading other accept high commodity or service of; (three) to tying or additional conditions, qualified way, forced trading other accept high commodity or service of; (four) to depending on with trading other default accept, way,

Disguised form the counterparty to accept high prices of goods or services; (e) the administrative power to force counterparty to accept high prices of commodities or services, and (vi) forcing the counterparty to accept high prices of commodities or services of other acts.

Price refers to the provision of goods or services the price is higher than that of similar products or services the average market price of more than 30%.

Average market prices by city, State Department in charge of price determination, and to the public. 12th article administrative career sex charges units in charges activities in the, shall not has following behavior: (a) above or below national provides standard charges of; (ii) ahead of or postponed implementation national provides of charges standard of; (three) independence charges project, and since set standard charges of; (four) on has expressly canceled or stop implementation of charges, not stop implementation or change name continues to charges of; (five) not implementation charges relief offers policy charges of; (six) take expanded charges range, and increased charges frequency, and decomposition charges project, and Repeat charges, and change charges link, and extended charges term, way charges of; (seven) violation provides to margin, and deposit, and late fees, and savings gold, and fund-raising, and sponsored and other form disguised charges of; (eight) not perform management duties, and not provides service or reduced service standard charges of; (nine) no legal according to, forced requirements management object participate in training, and academic research, and technology assessment, and check sort appraisals, and announcement, activities, or forced requirements management object joined learned, and Association, community organization,

And charge fees; (j) no legitimate basis, using his power to charge for others and (11) other charges prohibited by laws and regulations.

13th administrative fees without changing the rate, fee items to their entrust other unit; shall not delegate responsibilities within the scope of subordinate units, agencies, community groups, public organizations for-profit service charges.

Article 14th, administrative fees should be clearly marked, publicity fees and standards.

15th breach of the third paragraph of article tenth, by the price departments shall order rectification fails to change the imprisonment penalty of 30,000 yuan.

16th breached the provisions of article 11th, correction, confiscation of illegal income, and fined a maximum of 5 times the illegal proceeds in serious cases, to order the rectification, or the administrative authorities for industry and commerce shall revoke business licenses. 17th administrative fees in violation of the provisions of article 12th, correction, confiscation of illegal income, and fined a maximum of 3 times the illegal proceeds in serious cases, and fined a maximum of 5 times the illegal proceeds; cannot be calculated or there is no illegal income derived from illegal, punishable by a 30,000 yuan fine.

Leading personnel and persons directly responsible for, the attention of the Department shall be given administrative sanctions.

Article 18th administrative fees in violation of the provisions of article 13th, rectification and informed criticism; on leading personnel and persons directly responsible, to draw the relevant departments shall be given administrative sanctions.

Entrusted with the units of the fees should be returned to the contributor cannot refund or no refund of the prescribed, collection of State Treasury.

Article 19th, administrative fees in violation of the provisions of article 14th, correction, confiscation of illegal income, and shall also be fined a maximum of 5000 Yuan.

Article 20th laws and regulations on the operators, the administrative fees unit price clear penalties for offences, pursuant to the provisions of laws and regulations. Article 21st, administrative fees unit price-related violations causing consumers or clients to pay more money, ordered to refund, refund period of not more than 15th.

Hard to find consumers that pay more money or services, ordering announcements find, announcement for finding the longest period not later than 30th.

Managers, administrative fees unit refused to return in accordance with the provisions of the preceding paragraph consumers or clients to pay more money, expiration and no refund, be confiscated by the Department in charge of price, consumers or clients requested a refund, and administrative fees to the operator unit shall bear civil liability. 22nd superior Department in charge of price of the lower-level Department in charge of price supervision and inspection activities should be monitored.

Lower-level Department in charge of price decision made illegal or inappropriate punishment, ordered to rectify.

23rd people's Government above the county level and their departments to go beyond administrative access pricing, pricing, fee-setting projects and standards, by the higher people's Government or the Department in charge of price a rectification, and informed criticism; on leading personnel and persons directly responsible, to draw the relevant departments shall be given administrative sanctions.

Managers, administrative fees pursuant to ultra vires file set prices, increased fees and adjusted fees shall be ordered to correct refund overcharged price cannot return, collection of State Treasury. 24th price in price supervision and inspection activities, the competent authorities of any of the following acts, by the Government of the people's Governments at the same level or superior Department in charge of price a rectification, and informed criticism. On directly is responsible for of competent personnel and directly responsibility personnel, drew attention to the about sector law give administrative sanctions: (a) violation statutory program collection evidence, led citizens, and corporate or other organization of lawful rights and interests of by damage of; (ii) abuse, engages in, on price violations not law processing of; (three) negligence, on hosted of price reported matters delay, and shuffle or not law handle of; (four) leaked national secret and party of commercial secret,

Legally obtained price data for purposes other than price supervision and inspection, (v) obtained from the price supervision and inspection work, receiving property; (vi) other acts in violation of the duties of supervision and inspection. 25th article of the rules take effect on October 1, 2009.

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