Administrative Measures for Online Trading
Administrative Measures for Online Trading
Administrative Measures for Online Trading
Order of the State Administration for Industry & Commerce No.60
January 26, 2014
The Administrative Measures for Online Trading, which have been adopted at the executive meeting of the State Administration for Industry & Commerce of the People's Republic of China, are hereby promulgated for implementation as of March 15, 2014.
Minister Zhang Mao
Administrative Measures for Online Trading
(Promulgated by the Order of the State Administration for Industry & Commerce No.60 on January 26, 2014)
Chapter I General Provisions
Article 1 In order to standardize online commodity trading and related services, protect consumers' and operators' legitimate rights and interests and promote the sustainable and healthy development of online economy, the Administrative Measures for Online Trading (hereinafter referred to as the "Measures") are formulated in accordance with the Law of the People's Republic of China on the Protection of Consumer Rights and Interests (hereinafter referred to as the "Law on the Protection of Consumer Rights and Interests"), the Product Quality Law of the People's Republic of China (hereinafter referred to as the "Product Quality Law"), the Anti-unfair Competition Law of the People's Republic of China (hereinafter referred to as the "Anti-unfair Competition Law"), the Contract Law of the People's Republic of China, the Trademark Law of the People's Republic of China (hereinafter referred to as the "Trademark Law"), the Advertising Law of the People's Republic of China, the Tort Law of the People's Republic of China (hereinafter referred to as the "Tort Law"), the Law of the People's Republic of China on Electronic Signatures and other laws and regulations.
Article 2 Anyone engaging in online commodity trading and related services within the territory of the People's Republic of China shall abide by the laws and regulations of the People's Republic of China and the provisions hereof.
Article 3 For the purpose of the Measures, the term "online commodity trading" refers to the business activities of selling commodities or providing services through the Internet (including mobile Internet).
For the purpose of the Measures, the term "related services" refer to the provision of profit-making services for online commodity trading, such as third-party trading platform, promotion, credit evaluation, settlement, logistics, express delivery, network access, server hosting, virtual space rental and website and webpage design and making.
Article 4 Anyone engaging in online commodity trading and related services shall follow the principles of voluntariness, fairness and honesty and credibility, and shall observe business ethics and public order and good customs.
Article 5 Online commodity operators and related service operators are encouraged and supported to innovate business model and improve service level so as to promote the development of online economy.
Article 6 Online commodity operators and related service operators are encouraged and supported to set up industrial association and establish industrial convention, promote the industrial credit construction and strengthen the self-discipline of the industry so as to promote the standardized development of the industry.
Chapter II Obligations of Online Commodity Operators and Related Service Operators
Section 1 General Provisions
Article 7 Operators engaging in online commodity trading and related services shall go through industrial and commercial registration in accordance with the law.
Natural persons engaging in online commodity trading shall conduct business activities through a third-party trading platform and submit their real identity information such as name, address, valid identity certification and valid contact information to the third-party trading platform. Those meeting the registration requirements shall go through industrial and commercial registration in accordance with the law.
Where commodities sold or services provided by operators engaging in online commodity trading and related services are subject to administrative licensing as provided in the provisions of the laws, administrative regulations or decisions of the State Council, relevant administrative licensing shall be obtained in accordance with the law.
Article 8 Where any legal person, other economic organization or individually-owned business that has been registered with the administration authority for industry and commerce and obtained a business license engages in online commodity trading and related services, it shall disclose the information indicated in the business license or electronic linkage identifier of the said business license at a notable position of the homepage of its website or the web-page where it conduct its business activities.
Article 9 Commodities or services transacted through the Internet shall comply with the provisions of the laws, regulations and rules. Operators shall not transact through the Internet any commodities or services that are prohibited by the laws and regulations.
Article 12 When selling commodities or providing services, online commodity operators shall ensure the integrity of such commodities or services and shall neither irrationally split up them for sale, nor set up any minimum consumption standard or otherwise charge any irrational fee.
Article 13 When selling commodities or providing services, online commodity operators shall issue such purchase vouchers or service bills as invoices to consumers in accordance with relevant national provisions or business practices; such vouchers or bills may be issued in electronic form if agreed by the consumers. Electronic purchase vouchers or service bills may be taken as grounds for handling consumption complaints.
If consumers ask for such purchase vouchers or service bills as invoices, the online commodity operators shall issue the same.
Article 14 Information on commodities or services provided by online commodity operators or related service operators shall be authentic and accurate, and no false propaganda or expression shall be made.
Article 15 When selling commodities or providing services, online commodity operators or related service operators shall observe the Trademark Law, the Administrative Provisions on the Registration of Enterprise Names and provisions of other laws, regulations and rules and shall not infringe on others' exclusive rights of registered trademark, rights of enterprise name or any other rights.
Article 16 Where an online commodity operator sells commodities, the consumer is entitled to return the commodities within seven days from the date after receipt of the commodities without giving a reason, except for the following commodities:
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