Law of the People's Republic of China on the Protection of Consumer Rights and Interests (Amended in 2013)
Law of the People's Republic of China on the Protection of Consumer Rights and Interests (Amended in 2013)
Law of the People's Republic of China on the Protection of Consumer Rights and Interests (Amended in 2013)
Order of the President of the People's Republic of China No.7
October 25, 2013
(Adopted at the Fourth Session of the Standing Committee of the Eighth National People's Congress on October 31, 1993; amended for the first time in accordance with the Decision on Amending Some Laws passed at the Tenth Session of the Standing Committee of the 11th National People's Congress on August 27, 2009; and amended for the second time in accordance with the Decision on Amending the Law of the People's Republic of China on the Protection of Consumer Rights and Interests passed at the Fifth Session of the Standing Committee of the 12th National People's Congress on October 25, 2013)
Contents
Chapter I General Provisions
Chapter II Consumer Rights
Chapter III Obligations of Business Operators
Chapter IV Protection of Legitimate Rights and Interests of Consumers by the State
Chapter V Consumer Organizations
Chapter VI Settlement of Disputes
Chapter VII Legal Liabilities
Chapter VIII Supplementary Provisions
Chapter I General Provisions
Article 1 The Law of the People's Republic of China on the Protection of Consumer Rights and Interests (Revised in 2013) (hereinafter referred to as the "Law") is formulated to protect the legitimate rights and interests of consumers, maintain social and economic order and promote the healthy development of the socialist market economy.
Article 2 The rights and interests of consumers to purchase or use commodities or receive services for living consumption will be protected by the Law. Any matters uncovered herein shall be protected by other relevant laws and regulations.
(Relevant articles: Legislation 1)
Article 3 Business operators, when providing consumers with the commodities produced or sold by them or services, shall abide by the Law. Any matters uncovered herein shall be subject to other relevant laws and regulations.
Article 4 Business operators, when trading with consumers, shall follow the principles of voluntariness, equality, fairness, honesty and good faith.
Article 5 The State shall protect the legitimate rights and interests of consumers from infringement.
The State shall adopt measures to safeguard consumers' exercise of their rights in accordance with the law and to maintain the legitimate rights and interests of consumers.
The State advocates ways of consumption that are civilized and healthy and help the conservation of resoruces and environmental protection and opposes wasteful behavior.
Article 6 It is the common responsibilities of the entire society to safeguard the legitimate rights and interests of consumers.
The State encourages and supports all organizations and individuals to exercise social supervision over the acts of infringing upon the legitimate rights and interests of consumers.
Mass media shall make propaganda for safeguarding the legitimate rights and interests of consumers and exercise supervision over the acts of infringing upon the legitimate rights and interests of consumers by public opinion.
Chapter II Consumer Rights
Article 7 A consumer, in purchasing or using goods or receiving services, shall be entitled to the inviolability of his personal and property safety.
A consumer shall be entitled to require the business operator to provide the goods and services that meet the requirements of safeguarding personal and property safety.
Article 8 A consumer shall be entitled to know the true information of the goods he purchases or uses or the service he receives.
A consumer shall be entitled to require, in light of different conditions of goods or services, the business operator, to provide such information on price, place of production, manufacturer, usage, performance, specification, grade, main ingredients, date of production, term of validity, certification of inspection, operation instructions and after-sale services of the goods, or contents, specification and expense of the services.
Article 9 A consumer shall be entitled to freely choose goods or services.
A consumer shall be entitled to freely choose a business operator to provide goods or services, freely select among a variety of goods or various forms of services, and decide, on his own, to buy or refuse to buy any kind of goods, or to accept or refuse any service.
A consumer shall be entitled to, when freely choosing goods or services, compare, distinguish among and select the goods or services.
Article 10 A consumer is entitled to a fair deal.
A consumer has the right to, in purchasing commodities or receiving services, obtain fair deal conditions such as quality guarantee, reasonable price and accurate measurement, and refuse any forced transaction made by the business operator.
Article 11 Where a consumer suffers personal injury or property damage as a result of purchasing or using commodities or receiving services, he is entitled to be compensated according to the law.
Article 12 Consumers shall have the right to form social organizations for the maintenance of their own legitimate rights and interests in accordance with the law.
Article 13 Consumers shall have the right to acquire knowledge concerning consumption and the protection of consumer rights and interests.
Consumer shall make efforts to master the knowledge on the goods or services needed by them and the skills in use thereof, use the goods in a correct way and increase their awareness to self-protection.
Article 14 A consumer is, while purchasing or using goods or receiving services, entitled to the respect for his personal dignity, national customs and traditions and the protection of his personal information according to the law.
Article 15 A consumer shall have the right to exercise supervision over goods and services as well as the work of protection of consumer rights and interests.
A consumer shall have the right to inform on or lodge a complaint against the infringement upon consumer rights and interests and the violation of law or neglect of duty by any state agencies and their staff during their work of protecting consumer rights and interests, and shall have the right to raise criticisms or give suggestions with regard to the work of protection of consumer rights and interests.
Chapter III Obligations of Business Operator
Article 16 Business operators shall, in their provision of goods and services to consumers, fulfill their obligations stipulated in the Law and other relevant laws and regulations.
In case an agreement is reached between business operators and consumers, the business operators shall fulfill the obligations agreed upon in the agreement, provided that the agreement between the two parties is not in violations of laws and regulations.
Business operators shall, in their provision of goods or services to consumers, respect social morality, operate in good faith and safeguard the legitimate rights and interests of consumers. Business operators shall neither set unfair or unreasonable terms of transaction nor force consumers to receive goods or services.
Article 17 Business operators shall listen to the consumers' opinions on the goods and services they supply and accept consumers' supervision.
Article 18 Business operators shall guarantee that the goods and services they supply meet the requirements concerning personal or property safety.
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