Interim Measures for the Handling of Complaints and Reports Concerning Market Regulation
Interim Measures for the Handling of Complaints and Reports Concerning Market Regulation
Interim Measures for the Handling of Complaints and Reports Concerning Market Regulation
Order of the State Administration for Market Regulation No.20
November 30, 2019
The Interim Measures for the Handling of Complaints and Reports Concerning Market Regulation were deliberated and adopted by the 15th Executive Meeting 2019 of the State Administration for Market Regulation on November 26, 2019, and are hereby promulgated. These Measures shall come into force as of January 1, 2020.
Director: Xiao Yaqing
Interim Measures for the Handling of Complaints and Reports Concerning Market Regulation
(Promulgated as Order of the State Administration for Market Regulation No.20 on November 30, 2019)
Article 1 These Measures are formulated in accordance with the Law of the People's Republic of China on the Protection of Consumer Rights and Interests and other laws and administrative regulations in order to regulate the handling of complaints and reports concerning market regulation and protect the legitimate rights and interests of natural persons, legal persons and other organizations.
Article 2 These Measures shall apply to the handling of complaints and reports by market regulation authorities.
Article 3 For the purpose of these Measures, complaints refer to acts by consumers to request market regulation authorities to solve their disputes over consumer rights and interests with operators which they have when they purchase or use goods or receive services for their daily consumption.
For the purpose of these Measures, reports refer to acts by natural persons, legal persons and other organizations of reporting to market regulation authorities evidence about operators which are suspected of violating market regulation laws, regulations and rules.
Article 4 The State Administration for Market Regulation shall be in charge of the handling of complaints and reports throughout the country, and guide the handling of complaints and reports by local market regulation authorities.
Local market regulation authorities at or above the county level shall be responsible for handling complaints and reports within their respective administrative regions.
Article 5 Market Regulation Authorities shall follow the principles of fairness and efficiency in handling complaints and reports, so as to ensure the correct basis for application and the legality of procedures.
Article 6 The public and news media shall be encouraged to carry out, according to the law, social supervision and public opinion supervision of acts suspected of violating market regulation laws, regulations and rules.
Consumers shall be encouraged to consult with operators to resolve their disputes over consumer rights and interests through online consumer dispute resolution mechanisms, consumer rights protection service stations, green channels for consumer rights protection, third-party dispute resolution mechanisms, etc.
Article 7 Where complaints and reports are concurrently made to market regulation authorities, or the materials provided contain content regarding both complaints and reports, market regulation authorities shall handle the complaints and reports separately in accordance with the procedures prescribed in these Measures.
Article 8 Complaints and reports to market regulation authorities shall be made through the Internet, telephone numbers, fax numbers, postal addresses, windows and other channels announced by market regulation authorities for receiving complaints and reports.
Article 9 Complaints shall be accompanied by the following materials:
1. name, telephone number and correspondence address of the complainant;
2. title (name) and address of the respondent; and
3. specific request of the complaint and facts of disputes over consumer rights and interests.
Where complainants make complaints in a non-written form, staff of market regulation authorities shall record the information as prescribed in the preceding paragraph.
Article 10 Where a person entrusts another person to make a complaint on his or her behalf, he or she shall also provide, in addition to the materials specified in Paragraph 1 of Article 9 hereof, the original power of attorney and the identity certificate of the entrusted person.
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Order of the State Administration for Market Regulation No.20
November 30, 2019
The Interim Measures for the Handling of Complaints and Reports Concerning Market Regulation were deliberated and adopted by the 15th Executive Meeting 2019 of the State Administration for Market Regulation on November 26, 2019, and are hereby promulgated. These Measures shall come into force as of January 1, 2020.
Director: Xiao Yaqing
Interim Measures for the Handling of Complaints and Reports Concerning Market Regulation
(Promulgated as Order of the State Administration for Market Regulation No.20 on November 30, 2019)
Article 1 These Measures are formulated in accordance with the Law of the People's Republic of China on the Protection of Consumer Rights and Interests and other laws and administrative regulations in order to regulate the handling of complaints and reports concerning market regulation and protect the legitimate rights and interests of natural persons, legal persons and other organizations.
Article 2 These Measures shall apply to the handling of complaints and reports by market regulation authorities.
Article 3 For the purpose of these Measures, complaints refer to acts by consumers to request market regulation authorities to solve their disputes over consumer rights and interests with operators which they have when they purchase or use goods or receive services for their daily consumption.
For the purpose of these Measures, reports refer to acts by natural persons, legal persons and other organizations of reporting to market regulation authorities evidence about operators which are suspected of violating market regulation laws, regulations and rules.
Article 4 The State Administration for Market Regulation shall be in charge of the handling of complaints and reports throughout the country, and guide the handling of complaints and reports by local market regulation authorities.
Local market regulation authorities at or above the county level shall be responsible for handling complaints and reports within their respective administrative regions.
Article 5 Market Regulation Authorities shall follow the principles of fairness and efficiency in handling complaints and reports, so as to ensure the correct basis for application and the legality of procedures.
Article 6 The public and news media shall be encouraged to carry out, according to the law, social supervision and public opinion supervision of acts suspected of violating market regulation laws, regulations and rules.
Consumers shall be encouraged to consult with operators to resolve their disputes over consumer rights and interests through online consumer dispute resolution mechanisms, consumer rights protection service stations, green channels for consumer rights protection, third-party dispute resolution mechanisms, etc.
Article 7 Where complaints and reports are concurrently made to market regulation authorities, or the materials provided contain content regarding both complaints and reports, market regulation authorities shall handle the complaints and reports separately in accordance with the procedures prescribed in these Measures.
Article 8 Complaints and reports to market regulation authorities shall be made through the Internet, telephone numbers, fax numbers, postal addresses, windows and other channels announced by market regulation authorities for receiving complaints and reports.
Article 9 Complaints shall be accompanied by the following materials:
1. name, telephone number and correspondence address of the complainant;
2. title (name) and address of the respondent; and
3. specific request of the complaint and facts of disputes over consumer rights and interests.
Where complainants make complaints in a non-written form, staff of market regulation authorities shall record the information as prescribed in the preceding paragraph.
Article 10 Where a person entrusts another person to make a complaint on his or her behalf, he or she shall also provide, in addition to the materials specified in Paragraph 1 of Article 9 hereof, the original power of attorney and the identity certificate of the entrusted person.
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