Announcement of the State Administration for Industry and Commerce on Seeking Public Comments on the Interim Measures for Punishment against Illegal and Dishonest Conduct in Online Transactions (Draft for Comment)
Announcement of the State Administration for Industry and Commerce on Seeking Public Comments on the Interim Measures for Punishment against Illegal and Dishonest Conduct in Online Transactions (Draft for Comment)
Announcement of the State Administration for Industry and Commerce on Seeking Public Comments on the Interim Measures for Punishment against Illegal and Dishonest Conduct in Online Transactions (Draft for Comment)
November 14, 2017
To enhance regulation of illegal and dishonest conduct in online transactions, the State Administration for Industry and Commerce has drawn up the Interim Measures for Punishment against Illegal and Dishonest Conduct in Online Transactions (Draft for Comment), which are hereby promulgated for public consultation. The general public may give their opinions through the following ways and methods:
1. Visit the website at http://www.chinalaw.gov.cn and make comments through the module of "Seeking Comments on Legislation" on the navigation bar on the homepage.
2. Visit the official website of the State Administration for Industry and Commerce at http://www.saic.gov.cn and make comments through the "Seeking Comments on Draft Rules" on the module "Interaction" on the homepage.
3. Send comments by post to No. 8 Sanlihe East Road, Xicheng District, Beijing, 100820, the Regulation Department of Online Transactions of Commodities.
4. Send comments by email to scswgc@saic.gov.cn.
The deadline for public consultation falls on December 13, 2017.
Interim Measures for Punishment against Illegal and Dishonest Conduct in Online Transactions (Draft for Comment)
Chapter I General Provisions
Article 1 To strengthen restraints on the credit of online transactions, effectively punish illegal and dishonest conduct in online transactions, protect legitimate rights and interests of consumers, online commodity operators and related service operators, these Measures are formulated in accordance with the Law on the Protection of Consumer Rights and Interests, the Anti-Unfair Competition Law, the Regulations of the Disclosure of Government Information, the Interim Regulations on Enterprise Information Publicity and other applicable laws and regulations.
Article 2 For the purpose of these Measures, the punishment against illegal and dishonest conduct refers to disciplinary measures taken by administrative departments for industry and commerce, such as publishing information on the illegal conduct and issuing consumption warning, against online commodity operators and related service operators that violate laws, administrative regulations and rules in respect of industry and commerce to infringe upon lawful rights and interests of consumers, and other online commodity operators and related service operators, disrupt the order of the online market, and damage the public benefits, depending on the seriousness of their illegal and dishonest conduct.
Disciplinary actions shall be taken jointly by authorities against those online commodity operators and related service operators that are involved in illegal conduct, and relevant industry associations, consumer-related associations, related service operators, and other internet-based enterprises are encouraged and backed to work together for the implementation of disciplinary actions.
Article 3 Administrative departments for industry and commerce at or above the county level shall take charge of administering the list of subjects with illegal and dishonest conduct in online transactions within their respective jurisdiction. For online commodity operators doing business on a third-party online transaction platform, the list of subjects with illegal and dishonest conduct shall be administered by the administrative department for industry and commerce at or above the county level at the place where the platform is domiciled.
For the purpose of these Measures, the administrative departments for industry and commerce include market supervision administrations that perform administrative functions of industry and commerce.
Chapter II Serious Illegal and Dishonest Conduct
Article 4 Where an online commodity operator falls under any of the following circumstances, it constitutes a serious illegal and dishonest conduct:
1. Using or assisting others in using false information about the identification paper or business license, or illegally using information on others' identification paper or business licenses, to engage in online business activities;
2. Launching a website to engage in online business activities without the business license which should have been obtained;
3. Organizing or planning pyramid sales on the internet, or introducing, inducing or coercing others into participating in pyramid sales, providing facilitation for online pyramid sales, or having been given two or more administrative penalties by administrative departments for industry and commerce within five years for its participation in pyramid sales for a couple of times;
4. Having been given two or more administrative penalties by administrative departments for industry and commerce within five years for its making use of standard terms in the contract, or taking advantage of technical means to conclude deals in a deceptive, coercive or forcible manner;
5.
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