Hangzhou Interim Measures For Internet Transaction Management

Original Language Title: 杭州市网络交易管理暂行办法

Read the untranslated law here: https://www.global-regulation.com/law/china/534629/.html

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  Chapter I General provisions article for Internet transactions, protect the legitimate rights and interests of consumers and business operators, maintain the network transaction order, promoting the sustained and healthy development of electronic commerce, according to the provisions of the relevant laws and regulations, combined with the city's actual, these measures are formulated.

Article II Internet transaction management in the administrative area of the city, these measures shall apply.

Online trading in these measures refers to sales of goods or services via the Internet business activities, as well as for the trading activities of providing third-party Internet trading platform services, but through the Internet except for the financial services business activities.

Third-party Internet trading platform in these measures, refers to transactions for the network operators to provide a virtual site, trading rules, dealmakers, information and other business services, for transactions between two or more parties to network transactions independently of information network systems.

Information search, credit for networking and provides authentication, payment, logistics, promotion, network access, server hosting, virtual space rental, for-profit services, Web page design, should comply with these measures.

Article city, district and County (City) people's Governments shall promote the development of the network economy in national economic and social development planning, policy and financial support, and promote the construction of a credible trading environment, and create a favorable social environment for the development of Internet trading.

The city encouraged traditional industries to implement e-business applications, promote industrial restructuring and upgrading to achieve industrial development encouraged Internet transaction operator's innovative business model, expanding the business, improve service levels.

Fourth, Governments at all levels shall be established according to the network, the approval of the transaction; approval procedures that have been established, not according to the laws and regulations, should be lifted.

Article fifth municipal people's Governments and their subordinate departments at all levels should integrate this city e, gradually formed the basis of e-government information data systems, to network and exchange operators to provide non-confidential administrative interface of the database, follow the rules to disclose non-confidential government information.

Sixth article of the City encourages operators of online trading to set up autonomous organizations, implementation of business services and management, normative and standard-setting involved in relevant transactions, credit evaluation, maintenance of common legal interests.

Article seventh city, network transactions, market supervision and management is responsible for the supervision and management of each district and County (City) market supervision and management departments in accordance with the provisions of Division, responsible for the supervision and administration of network transactions within their respective jurisdictions.

The municipal quality and technical supervision, public security, Commerce, culture, radio, television, press and publications, patents, health, tourism, agriculture, transportation and other administrative departments according to their respective functions, supervise the trading behavior on the Internet according to law. Chapter II general provisions article eighth operators engaged in online trading, shall go through registration.

Through a third-party network operating platform, should submit registration information to third-party Internet trading platform. Does not satisfy the registration conditions natural persons engaged in the online trading business, should be carried out through third party Internet trading platform, and submit to the third party Internet trading platform ID, business address and contact information.

Did not submit information, third party Internet trading platform shall not provide services.

By third party operators of online trading online trading platform, its business license records registration, or a natural person identifiable information, business addresses, contact changes, shall from the date of change in the 15th to submit to the third party Internet trading platform after the change information.

Nineth laws, administrative regulations or the State Council decided that selling goods or providing services shall obtain the administrative license, the administrative license shall be obtained before they can engage in online trading.

Tenth article in network trading in the shall not engaged in following activities: (a) unauthorized using well-known website, and well-known shop, and well-known application unique of domain name, and name, and identifies; or using and well-known website, and well-known shop, and well-known application approximate of domain name, and name, and identifies, and others phase confusion; (ii) unauthorized using, and forged government sector or social groups identifies; (three) on others sales of commodity or provides of service for malicious evaluation or denigrated, or for false complaints, and reported;

(Four) malicious implementation bulk purchase Hou bulk return or refused to received goods, behavior, damage others interests; (five) fictional network trading, know or should know for fictional trading behavior and for its provides convenience; (six) using technology means interference search, and ranking results; (seven) released false commodity, and service information; (eight) other damage national interests, and public interests, and others lawful rights and interests of of behavior.

11th Internet transaction operator bids, auctions, rebates and other online trading operations, should follow the principle of openness, fairness, protection of the legitimate rights and interests of the participants, shall not use fraudulent means to obtain benefits.

12th online transactions operators organize group activities, Group buys a commodity or a service provider should be subject to review the evidence of sufficient quality, buy merchandise, and recorded.

Web transactions according to industry characteristics of buying goods and services access to specifications, that includes inventory, delivery, after-sales service, pricing, and more-buying rules.

13th network transactions, such as online payment and settlement services should be provided to the parties to the transaction legal, safe, reliable payment and settlement, payment security Alerting network, and take measures to guarantee payment and settlement-related information systems security.

14th network transactions that provide search and ranking services, should distinguish between paid search results, ranking and marked.

15th carrier through social networking provides promotional services, review products and get paid, shall truthfully disclose the nature, to avoid misleading consumers.

16th for network products and provides network access, server hosting, virtual space rental and other services, should check and record transactions of business registration information or personally identifiable information, and records information about its network under the law. For network transactions with Web page design and production services, should check and record transactions of business registration information or personally identifiable information.

May not make others misunderstanding caused by false information or content of the pages of your Web site.

Online trading operator registration information or personally identifiable information, networking of information record-keeping time not less than 2 years from the date of termination of service.

17th network transactions should be submitted to the operating conditions in accordance with market supervision and management departments, and other materials. Chapter III special provisions on third party Internet trading platform 18th third party trading platform operators should be on the access platform sales merchandise or provide services review the qualifications operators of online trading business entities, created and regularly updated.

Operators qualifications operators of information record-keeping period from date of exit platform shall be not less than 2 years.

Third-party Internet trading platform operators discover network transactions to conceal the real situation, the business qualification of providing false or invalid information, it shall immediately cease to provide platform services.

Article 19th third party Internet trading platform operators should establish and make known platform trading rules and transaction security, consumer protection, information processing and management system, and ensure network transactions and other network users to be able to facilitate and complete read and saved.

Article 20th third party trading platform operators should be published within the platform product and service information for audit, monitoring and found violations, should take prompt measures to stop after taking punitive measures, still not remove the violations endanger the shall immediately report to the local administrative departments.

Third party network of the article 21st trading platform operators should establish a work mechanism of protection of intellectual property rights, to take the necessary measures to protect the right to exclusive use of trademarks, copyrights, patents and other rights.

22nd third party trading platform operators should be into online trading platform trading operators signed an agreement to clear both to enter and exit the platform, product quality and safety guarantee, intellectual property protection, consumer protection and other rights and obligations. Third-party operators of online trading platform developed or modified service rules may have significant impact on the interests of Internet users, should be seeking the views of network users within the platform in advance.

Request for comments shall be not less than the period 15th.

Article 23rd third party trading platform operators in the commodity dealer business on the platform, it should be in a significant way to import parts and other operators of the platform part of the distinction between and tags.

24th third party Internet trading platform operators should record published on the platform of product and service information, release date, and transaction information such as shelf life from the date of completion of not less than 2 years.

Third party Internet trading platform operator shall, in accordance with the national regulations and standards protect transaction network systems security and taking data off-site disaster recovery, failover and other technical means and ensure the integrity, authenticity and security of trading data and information.

25th third party trading platform operators to discontinue providing services shall be terminated before 3 months of the date on the Web site home page prominently be publicized, and notify network users within the platform.

Fourth chapter consumers interests protection 26th article network trading operators should according to commodity and service of characteristics, in page Shang to striking of way, to consumers description by business commodity and service of name, and type, and number, and quality, and price, and producers name and residence, and perform way and term, and security note matters, and risk warning, and after-sales service, and civil responsibility, information; for exists flaws of commodity, should be full description.

27th online transactions operators to provide consumers with e-format contract shall, in accordance with equitable principles to determine the rights and obligations of both sides, with reasonable and significant ways to draw consumers attention stakes related to the consumer provisions, and explained according to the customer's requirements.

Internet transaction operator shall not contract in electronic format made to consumers by way of unfair and unreasonable provisions shall not be mitigated or remitted operators liability, exclusion or limitation of liability for consumer rights, consumer requirements, not by technical means to force deals.
Network transactions that technical measures should be taken to ensure consumers can check standard contract at any time.

28th Internet transaction operator provides goods and services shall be in accordance with the laws, regulations and rules of the regulations or business practice issue a receipt or service to consumers.

Network transactions can be issued shopping vouchers or documents in electronic form; consumers require receipts or invoices, the operator shall be issued.

Electronic shopping vouchers or documents, records of the transaction Exchange, consumer disputes can deal with network credentials.

Article 29th Internet transaction operator promotions, publishing promotional information should be express promotions, rules, duration and scope of promotion of goods or services, price and quantity. Promotion does not include all the goods or services, and shall not claim that all promotions.

During the promotional period, shall not be changed any promotional information; promotion of goods when sold out, the prison shall express.

Article 30th online trading operator shall not in any way harass or threaten consumers, forcing them against their will, modify the product or service. 31st when consumers buy goods of lawful rights and interests are damaged, you can request return to product providers, refund or compensation.

Organizations buy online trading operator cannot or refuse to provide consumers with a product provider's name or the name, address, contact, customers can demand compensation from the Organization buy online trading operator.

Organizations advance payments to buy online trading undertakings, consumers can directly ask its liability.

Article 32nd third party trading platform operators should establish a consumer dispute conciliation, mediation systems. Consumers of consumer disputes with operators of online trading, online trading platform operators may require a third party mediation.

Platform operators should receive them within 7 working days from the date of the request to be processed.

Due to consumer disputes, consumers require the third party to provide online trading online trading platform operator's name or qualifications such as name, address, contact information, third party Internet trading platform operators should within 15 working days from the date of receipt of the request to provide truthful.

33rd to encourage third party trading platform operators to establish consumer deposits.

Third party Internet trading platform operators to operators of online trading to the platform to receive cash, the freezing of funds and other means to establish consumer deposits, should be operators of online trading platform margin, management, use and make a clear contract.

Third-party Internet trading platform operators should open consumer deposits to use on a regular basis.

Article 34th through a third-party network trading platform to buy goods or service disputes, consumers can network transactions to a platform of related administrative departments complaints domiciled, or to third-party Internet trading platform operators of related administrative departments complaints domiciled.

Fifth chapter a credible trading environment in 35th, market supervision and Administration Department shall, in conjunction with the relevant administrative departments, industry associations, financial institutions, network transactions that credit information systems, to provide online trading operator qualification information, penalties, records and other information.

Third party Internet trading platform operators should provide the municipal market supervision and management departments were return for infringe upon the lawful rights and interests of operators of online trading information.

Article 36th have registered with industrial and commercial network operators, should be engaged in business activities in its main page prominently publicly stated in the business license registration, electronic links to identify the business license or electronic license.

Third party network trading platform operators should public platform within has handle business registration of network trading operators license records of registration matters, and electronic license, or unified established license of electronic links identifies; on is not has business registration conditions, into platform sales commodity or provides service of natural, third party network trading platform operators should issued proved personal identity information real legal of mark, loaded Yu its engaged in business activities of home page surface striking location.

37th to encourage third-party operators of online trading platform for trading parties to provide fair and impartial credit ratings service, on the platform of network transactions in credit conditions objectivity and fairness in collecting and recording, building credit evaluation system, credit system, trading risk warning system.

Encourage third-party operators of online trading platform in the platform pages or online trading platform operators public operators of illegal credit records on the page. Article 38th network transactions in business activities in the collection, use the other information shall follow the principle of legal, legitimate and necessary, express the purpose of collection and use information, modalities, rules and limits, and agreed by the collector.

Internet transaction operator shall take measures to ensure information security, prevention of information leakage, loss, and tampering.

Network traffic operators to collect consumer personal information and other data information network transactions that commercial secrets should be kept strictly confidential; non-consent of the information provider may not be disclosing, using or allowing others to use it. 39th social intermediary institutions according to law society provides network transactions that credit conditions survey, consultation, assessment and other services.

Social intermediaries are allowed to cheat, steal, bribery, inducement, coercion or other improper means to collect credit information, collect credit information shall not be used for illegal purposes.

Credit evaluation activities carried out social intermediary organizations should abide by the principles of neutrality, objectivity and honesty, shall be arbitrarily modify the operator of credit evaluation results and other information.

Supervision and administration of the sixth chapter 40th market supervision and management departments should establish networks and Exchange Management, information technology, online trading operator of conduct supervision and inspection, to monitor network trading goods and services information.

Market regulation, supervision and public security, business, culture, radio, TV, press, publications, patents, health, tourism, agriculture, transportation and other administrative departments should set up coordination mechanisms of communication and supervision, coordination on the supervision and management of network transactions.

41st third party trading platform operators and provide logistics for the online trading business, network access, server hosting, virtual space rental, site Web design service providers, should assist in market supervision and management departments and related administrative departments deal with networks of trade violations, providing network operator qualification, transaction data and other information, not withholding the truth and shall not refuse or obstruct.

Market supervision and management departments and related administrative departments in accordance with the relevant provisions require the third party Internet trading platform operators to take necessary measures to stop alleged violations of, third party network operators shall cooperate with the trading platform.

42nd market supervision and management departments of network activity monitoring data, can be used as a network for illegal transactions that impose administrative penalties of compulsory administrative measures or evidence.

43rd unlawful setting up Web sites to engage in online trading, or to a legally established websites engaged in illegal online trading, market supervision and management departments and related administrative departments shall draw attention to site license or record communications management Department shall temporarily mask, or stop a Web site access.

Market supervision and management departments and the relevant administrative departments to investigate the violations committed after processing, you need to shut down or stop a Web site access, can be legally brought to the site license or record communications management departments to shut down or stop a Web site access.

44th in a third-party network transactions online trading violations occurring on the platform, online trading platform by a third party jurisdiction of the domicile of the operator's market regulatory Department; third-party trading platforms of the domicile of the operator market supervision and management departments-difficulties may be transferred for violations of the jurisdiction of the domicile of the operator's market regulatory Department.

The seventh chapter legal liability article 45th for liability for acts in violation of these measures, is provided for by laws and regulations, in accordance with its provisions.

46th article violates first and second paragraph of this article eighth, failing to submit registration information or natural identity, business address and contact information, third party Internet trading platform operators to provide a platform for operators of online trading services, market supervision and Administration Department shall order the platform operators to rectify, and fined 10,000 yuan and 30,000 yuan fine.

Violation this approach 18th article provides, third party network trading platform operators not on into platform engaged in business of network trading operators of subject qualification for review or established archives of, by market supervision management sector ordered platform operators deadline corrected, and can sentenced 5000 Yuan above 20,000 yuan following fine; knows network trading operators provides false or failure of subject qualification information, and for its provides platform service of, by market supervision management sector ordered corrected, and sentenced 20,000 yuan above 30,000 yuan following fine.

47th in violation of the provisions of article tenth by market regulatory agency ordered corrective action, and a fine of 10,000 yuan and 30,000 yuan fines; network transactions that are in violation of the People's Republic of China trademark and the People's Republic of China against unfair competition act and other laws and regulations, by the relevant administrative department in accordance with provisions of laws and regulations will be punished.

48th article network trading operators violation this approach provides of, by market supervision management sector according to following provides be punishment: (a) violation 12th article provides, organization buy activities not on provides who of subject qualification, and commodity quality proved material for review and records of, sentenced 10,000 yuan above 30,000 yuan following fine; (ii) violation 14th article provides, not on paid search, and ranking results for distinguish, and mark of, ordered deadline corrected; late not corrected of, sentenced 10,000 yuan above 30,000 yuan following fine;
(Three) violation 27th article third paragraph provides, not take technology measures guarantee consumers can at any time check out electronic format contract of, ordered deadline corrected; late not corrected of, sentenced 2000 Yuan above 10,000 yuan following fine; (four) violation 29th article provides, released promotions information not meet provides requirements, misleading consumers, or in promotions during any change promotions information, damage consumers interests of, ordered corrected, and sentenced 10,000 yuan above 30,000 yuan following fine;

(E) violation of article 30th, harass or threaten consumers, forcing them against their will, modify the goods or service evaluation, correction and fined 2000 Yuan and 20,000 yuan fine.

49th disobey article 15th, provided through the social networks carrier promotion, reviews of goods gets paid, but not disclosed to the consumer, a rectification by the market supervision and management departments, and a fine of 1000 Yuan and 10,000 yuan fine.

50th article violation this approach 16th article provides, operators in provides network access, and server managed, and virtual space rental, and website page making Shi, not according to provides on client of subject qualification and related content for review and for corresponding records of, by market supervision management sector ordered deadline corrected, and sentenced 5000 Yuan above 20,000 yuan following fine; knows client requirements making of website page exists illegal content and accept delegate of, by market supervision management sector sentenced 10,000 yuan above 30,000 yuan following fine 51st article third party network trading platform operators violation this approach provides of, by market supervision management sector according to following provides be punishment: (a) violation 22nd article second paragraph provides, not according to provides prior sought views of, give warning, ordered deadline corrected; late not corrected of, sentenced 5000 Yuan above 20,000 yuan following fine; (ii) violation 23rd article provides, not on proprietary commodity, and service part and platform within other operators business part for difference, and mark of, ordered deadline corrected ; Late not corrected of, sentenced 2000 Yuan above 20,000 yuan following fine; (three) violation 24th article first paragraph provides, not according to requirements save commodity or service information, and released time, and trading records, information of, ordered corrected, and sentenced 50 million Yuan above 10,000 yuan following fine; (four) violation 25th article provides, terminated platform service not according to requirements for publicity of, sentenced 10,000 yuan above 30,000 yuan following fine; (five) violation 32nd article second paragraph, and third paragraph provides,

Not within the time stipulated in the deal with consumer disputes, or provide online trading information related to qualifications operators shall be ordered to correct, and a fine of 1000 Yuan and 10,000 yuan fine.

Violation of article 24th of this approach provides that third-party operators of online trading platform does not implement the data backup, data security measures by the public security authorities in accordance with the provisions of relevant laws and regulations.

52nd violates the first paragraph of this article 36th, has license network transactions are not recorded in their home open business license registration, business license or electronic license of electronic links, a rectification by the market supervision and management departments, and fined 1000 Yuan and 10,000 yuan fine.

Violation of paragraph II of this article 36th, third party Internet trading platform operators are not public Internet trading platform operator's registration information, or fails to load the identity tag of natural persons, a rectification by the market supervision and management departments, and liable to a fine of less than 10,000 yuan and 20,000 yuan. Eighth chapter supplementary articles article 53rd these measures shall take effect on May 1, 2015.

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