Decision of the State Administration for Market Regulation on Revising Some Rules

Decision of the State Administration for Market Regulation on Revising Some Rules
Decision of the State Administration for Market Regulation on Revising Some Rules

Order of the State Administration for Market Regulation No.31

October 23, 2020

The Decision of the State Administration for Market Regulation on Revising Some Rules, which was adopted upon deliberation at the ninth executive meeting of 2020 of the State Administration for Market Regulation on October 20, 2020, is hereby promulgated and shall come into force as of the date of promulgation.

Zhang Gong, Director

Decision of the State Administration for Market Regulation on Revising Some Rules

(Promulgated as Order of the State Administration for Market Regulation No.31 on October 23, 2020)

To fully implement the Decision of the CPC Central Committee on Deepening the Reform of the Party and State Institutions and the Plan for Deepening the Reshuffle of Party and State Organs deliberated and adopted at the Third Plenary Session of the 19th CPC Central Committee and the Institutional Reform Proposal of the State Council approved at the First Session of the 13th National People's Congress, ensure that administrative organs perform their duties according to the law, and further promote the reform of streamlining administration, delegating powers, improving regulation and optimizing services, the State Administration for Market Regulation has decided to revise some clauses of 30 departmental rules.

I. Revisions to the Measures for Punishments against Infringements on Consumer Rights and Interests (Promulgated as Order of the State Administration for Industry and Commerce No.73 of January 5, 2015)
1. The phrase "industry and commerce administration" in Article 2, Article 3, Article 7, Article 14, Article 15, Article 17, Article 18, Paragraph 1 of Article 19, Article 20, and Article 21 shall be revised to read: "market regulation".
2. Article 9 shall be revised to read: "A business operator that sells goods via the Internet, television or phone, by mail order or otherwise shall, pursuant to the provisions of the law, bear the obligations to accept the return of goods by consumers without reason, and shall not deliberately delay performing, or unjustifiably refuse to perform, such obligations. A business operator shall be deemed to have deliberately delayed performing, or unjustifiably refused to perform, the relevant obligations under any of the following circumstances:
(1) where the business operator fails to process the formalities for return of goods for a consumer for more than 15 days after the date of receipt of the consumer's request for return of goods that can be returned without reason, or fails to provide a consumer with true and accurate return address, return contact and other effective contact information, resulting in the consumer being unable to handle the formalities for the return of goods;
(2) where the business operator, without confirmation by a consumer, refuses to process the return of goods by claiming that the goods are not eligible for return without reason;
(3) where the business operator refuses to process the return of goods on the ground that the consumer has opened the package of, or inspected, the goods, and such actions may affect the intactness of the goods; and
(4) where the business operator, without justification, fails to refund the payments for the returned goods to a consumer for more than 15 days after the date of receipt of the returned goods."

II. Revisions to the Provisions on the Prohibition of the Abuse of Intellectual Property Rights to Exclude or Restrict Competition (Promulgated as Order of the State Administration for Industry and Commerce No.74 on April 7, 2015)
1. The phrase "(except for the price monopoly)" in Paragraph 1 of Article 3 shall be deleted.
2. The phrase "State Administration for Industry and Commerce" in Item 6, Paragraph 3 of Article 12 and Article 18 shall be revised to read: "State Administration for Market Regulation".
The phrase "administration for industry and commerce" in Article 14 and Article 17 shall be revised to read: "anti-monopoly law enforcement authority".
3. The phrase "Provisions of the Administrations for Industry and Commerce on the Procedures for the Investigation and Penalties of Monopoly Agreement Cases and Abuse of Dominant Market Position Cases" in Article 14 shall be revised to read: "Interim Provisions on the Prohibition of Monopoly Agreements and Interim Provisions on Prohibiting Acts of Abuse of a Dominant Market Position".
One paragraph shall be added to Article 14 as Paragraph 2, which reads: "For the purpose of the Provisions, the anti-monopoly law enforcement authority shall include the State Administration for Market Regulation and market regulatory departments of all provinces, autonomous regions, and municipalities directly under the Central Government."

III. Revisions to the Administrative Measures for the Supervision of Auctions (Promulgated as Order of the State Administration for Industry and Commerce No.101 on January 15, 2001)
1. The phrase "administration for industry and commerce" in Paragraph 1 of Article 3, Article 4, Article 11, Article 12, Article 13, and Article 14 shall be revised to read: "market regulatory department".
2. Paragraph 2 of Article 3 shall be deleted.

IV. Revisions to the Interim Measures for Seven-day Unconditional Return of Online Purchased Goods (Promulgated as Order of the State Administration for Industry and Commerce No.90 on January 6, 2017)
1. The phrase "administrations for industry and commerce" in Article 23, Article 26, Article 27, Article 28, Article 29, and Article 34 shall be revised to read: "market regulatory departments".
The phrase "State Administration for Industry and Commerce" in Article 38 shall be revised to read: "State Administration for Market Regulation".
2. Article 22 shall be revised to read: "Online trading platform providers shall, in accordance with the law, develop and perfect rules for the seven-day unconditional return of goods on their platforms as well as supporting systems related to the protection of consumer rights and interests, continuously display the same in a prominent location on their homepages, and ensure that consumers are able to read and keep the same in a convenient and complete manner."
3. Article 32 shall be revised to read: "If any online trading platform provider violates Article 22 of the Measures, it shall be punished in accordance with the provisions of Item 1, Paragraph 1 of Article 81 of the E-commerce Law."
4. Article 35 shall be deleted.

V. Revisions to the Detailed Rules for the Implementation of the Administrative Regulations of the People's Republic of China on the Registration of Enterprise Legal Persons (Promulgated as Order of the State Administration for Industry and Commerce No.1 on November 3, 1988)
1. The sentence "Enterprises owned by the whole people, collectively-owned enterprises, jointly-operated enterprises, foreign-funded enterprises established within the territory of China (including Chinese-foreign equity joint ventures, Chinese-foreign contractual joint ventures and wholly foreign-funded enterprises), and other enterprises that meet the criteria for legal person status shall apply for legal person enterprise registration in accordance with the laws and regulations of the State and the relevant provisions of these Detailed Rules" in Article 2 shall be revised to read: "Enterprises owned by the whole people, collectively-owned enterprises, jointly-operated enterprises, foreign-funded enterprises established within the territory of China, and other enterprises that meet the criteria for legal person status shall apply for legal person enterprise registration in accordance with the laws and regulations of the State and the relevant provisions of these Detailed Rules".
2. Article 10, Paragraph 3 of Article 16, Article 18, Article 19, Article 24, Article 27, Article 30, Article 32, Article 41, Article 43, Article 46, Article 48, and Article 66 shall be deleted.

VI. Revisions to the Administrative Measures for the Registration of Enterprises of Foreign Countries (Regions) Engaging in Production and Operation Activities within the Territory of China (Promulgated as Order of the State Administration for Industry and Commerce No.10 on August 15, 1992)
1. The phrase "industry and commerce administrative departments" in Article 2 shall be revised to read: "market regulatory departments".
2. The phrase "State Administration for Industry and Commerce" in Article 18 shall be revised to read: "State Administration for Market Regulation".

VII. Revisions to the Standards for Reviewing and Releasing Pesticide Advertisements (Promulgated as Order of the State Administration for Industry and Commerce No.81 on December 24, 2015)
1. The name of the rule shall be revised to read: "Provisions on Reviewing and Releasing Pesticide Advertisements".
2. The phrase "the Standards" in Article 1, Article 12, Article 13, and Article 14 shall be revised to read: "the Provisions".

VIII. Revisions to the Standards for Reviewing and Releasing Veterinary Drug Advertisements (Promulgated as Order of the State Administration for Industry and Commerce No.82 on December 24, 2015)
1. The name of the rule shall be revised to read: "Provisions on Reviewing and Releasing Veterinary Drug Advertisements".
2. The phrase "the Standards" in Article 1, Article 11, Article 12, and Article 13 shall be revised to read: "the Provisions".

IX. Revisions to the Regulations on the Priority of the Initial Application Lodged with the Intellectual Property Department of the Hong Kong Special Administrative Region (Promulgated as Order of the China National Intellectual Property Administration No.10 on December 15, 1999)
The phrase "State Intellectual Property Office" therein shall be revised to read: "China National Intellectual Property Administration".

X. Revisions to the Administrative Measures for the Printing and Production of Trademarks (Promulgated as Order of the State Administration for Industry and Commerce No.15 on August 19, 2004)
1. The phrase "administration for industry and commerce" in Article 11, Article 12, and Article 14 shall be revised to read: "market regulatory department".
2. The phrase "State Administration for Industry and Commerce" in Article 15 shall be revised to read: "China National Intellectual Property Administration".
3. Article 4 shall be revised to read: "If an entrusting party entrusts a trademark printing and production entity to print and produce registered trademarks, it shall show the Trademark Registration Certificate, and shall provide an additional photocopy.
If a trademark-use contract is signed permitting the use of a registered trademark of another party, if the permitted party needs to print and produce trademarks, it shall show the original trademark-use contract and provide a photocopy. If a trademark registrant separately authorizes the permitted party to print and produce trademarks, it shall not only show the authorization but also the photocopy."
4. Article 13 shall be revised to read: "If a trademark printing entity undertakes printing business, in violation of Article 7, and if the trademark printed by it is identical or approximately similar to a registered trademark of another party, such act will be considered trademark infringement, as mentioned in Article 75 of the Rules for the Implementation of the Trademark Law. The trademark printing entity shall be punished, in accordance with the provisions of the Trademark Law, by the market regulatory department at the place where the company is located or the place where the act occurs."

XI. Revisions to the Implementing Measures for the Administrative Regulations on the Recall of Defective Auto Products (Promulgated as Order of the General Administration of Quality Supervision, Inspection and Quarantine No.176 on November 27, 2015)
1. Article 4 shall be revised to read: "The State Administration for Market Regulation (the "SAMR") is responsible for the supervision and administration of recalling defective Automobiles nationwide."
2. Paragraph 1 of Article 5 shall be revised to read: "The SAMR shall, according to the needs of work, entrust provincial market regulatory departments with the supervision and administration of the recall of defective Automobiles within their respective administrative regions."
3. The phrase "GAQSIQ" in Paragraph 2 of Article 5, Article 7, Article 11, Article 13, Article 14, Article 15, Article 16, Article 17, Article 18, Article 20, Article 21, Article 22, Article 23, Article 24, Article 28, Article 30, Article 34, Article 41, and Article 42 shall be revised to read "the SAMR".
The phrase "QC Authorities" in Article 18, Article 20, and Article 34 shall be revised to read: "market regulatory departments".
4. The phrase "QC Authorities" in Article 6 and Article 39 and the phrase "local QC Authorities" in Article 8 shall be revised to read: "market regulatory departments".

XII. Revisions to the Measures for the Administration of the Quality Supervision of Cocoon Silk (Promulgated as Order of the General Administration of Quality Supervision, Inspection and Quarantine No.43 on January 14, 2003)
1. Article 3 shall be revised to read: "The State Administration for Market Regulation (hereinafter referred to as the "SAMR") shall take charge of the national supervision of the quality of cocoon silk. The China Fiber Quality Monitoring Center as affiliated thereto shall take charge of the relevant work of technical support for the quality supervision and inspection of cocoon silk, the organization and implementation of the notarization and inspection of cocoon silk quality, and the supervision and sampling inspection of the notarization and inspection.
The market regulatory departments of all provinces, autonomous regions and municipalities directly under the Central Government (hereinafter referred to as "provincial market regulatory authorities") shall take charge of the supervisory work of cocoon silk quality within their administrative divisions. Local market regulatory departments and special fiber inspection institutions responsible for the quality supervision of cotton and other fiber products shall be uniformly referred to as fiber quality supervisory institutions. Local special fiber inspection institutions shall take charge of the notarization and inspection of cocoon silk quality."
2. Article 4, Article 5, Article 6, and Article 7 shall be deleted.
3. Article 8 shall be renumbered as Article 4. Paragraph 4 shall be deleted, and the phrase "China Fiber Inspection Bureau" in Paragraph 5 shall be revised to read: "China Fiber Quality Monitoring Center".
4. Article 9 shall be renumbered as Article 5, in which the phrase "in addition to whether cocoon silk operators engaged in the purchase of mulberry silkworm fresh cocoons or the processing activities of mulberry silkworm dried cocoons have the stipulated quality assurance conditions" shall be deleted.
5. Article 12 shall be renumbered as Article 8, in which the phrase "China Fiber Inspection Bureau" shall be revised to read "China Fiber Quality Monitoring Center", and in which the phrase "review" shall be revised to read: "re-inspection".
6. Article 13 shall be renumbered as Article 9, and Item 1 shall be deleted. Article 21 shall be renumbered as Article 17, in which the phrase "any provision of Item 1, 2, 3, 4, 5, or 7 of Article 13" shall be revised to read: "any provision of Item 1, 2, 3, 4, or 6 of Article 9".
7. Article 14 shall be renumbered as Article 10, and Items 1 and 2 of Paragraph 1 shall be deleted.
8. Article 19 shall be renumbered as Article 15, in which the phrase "Audit Opinion on Quality Assurance Conditions" shall be deleted.
9. Article 25 shall be renumbered as Article 14, in which the phrase "Item 6 of Article 13" shall be deleted, and in which the phrase "the administrative authority for industry and commerce shall be advised" shall be revised to read: "in accordance with the law". Article 26 shall be renumbered as Article 24, in which the phrase "the administrative organ for industry and commerce shall be advised" shall be revised to read: "in accordance with the law".
10. Article 29 shall be renumbered as Article 25, in which the phrase "GAQSIQ or local quality and technical supervision departments" shall be revised to read: "SAMR or local market regulatory departments". Article 35 shall be renumbered as Article 31, in which the phrase "GAQSIQ" shall be revised to read: "SAMR".

XIII. Revisions to the Measures for the Administration of the Quality Supervision of Plush Fibers (Promulgated as Order of the General Administration of Quality Supervision, Inspection and Quarantine No.49 on July 18, 2003)
1. Article 3 shall be revised to read: "The State Administration for Market Regulation (hereinafter referred to as the "SAMR") shall take charge of the national supervision of the quality of hemp fibers.
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