Laws of the People's Republic of China

the Ministry of Commerce

Order of the Ministry of Commerce of the People's Republic of China

No. 19

Interim Measures for the Administration of Beauty Treatment and Hairdressing Industry, which were adopted upon deliberation at the 11th ministerial meeting of the Ministry of Commerce of the People's Republic of China on September 23rd, 2004, are hereby promulgated, and shall go into effect as of January 1st, 2005.

Minister of the Ministry of Commerce Bo Xilai

November 8, 2004

Interim Measures for the Administration of Beauty Treatment and Hairdressing Industry

Article 1

With a view to promoting the healthy development of the beauty treatment and hairdressing industry, regulating the acts of beauty treatment and hairdressing services, and maintaining the legal rights and interests of the business operators and consumers of beauty treatment and hairdressing, the present Measures are formulated in accordance with the relevant state laws and administrative regulations.

Article 2

The present Measures shall apply to business activities of beauty treatment and hairdressing within the territory of the People's Republic of China.

The "beauty treatment" as mentioned in the present Measures shall refer to the business activities of providing such services as skin cleansing, without hurt, of the surface of the body or non-invasion skin care and make-up and beautification for consumers by applying hand techniques, appliances and equipment with the help of products for make-up and cosmetics and skin care, etc.

The "hairdressing" as mentioned in the present Measures shall refer to the business activities of providing such services as design of hairstyle, sculpt of haircut, and hair care for consumers by applying hand techniques, appliances and equipment with the help of products for hair washing, hair care, hair coloring and hair perm, etc.

Article 3

The Ministry of Commerce shall be in charge of national beauty treatment and hairdressing industry. The competent departments of commerce at all levels shall guide, coordinate, supervise and administer the beauty treatment and hairdressing industry within their own jurisdictions.

Article 4

The business operator undertaking business activities of beauty treatment and hairdressing shall meet the following basic conditions:

1.

Having capacity for bearing civil liabilities;

2.

Having a fixed business place;

3.

Having facilities and equipment accommodated to the service items they manage; and

4.

Having professional technicians who have obtained the corresponding qualification certificates.

Article 5

The business operator of beauty treatment and hairdressing shall have definite scope of service items and provide services in light of the scope of service items, and shall also comply with the relevant provisions of the administrative department of public health if it undertakes medical beauty treatment services at the same time.

Article 6

The state encourages business operators of beauty treatment and hairdressing to provide quality service for consumers by adopting the international advanced service concept and ways of management and operation.

Article 7

The state adopts standard for defining the level or grade in beauty treatment and hairdressing industry and implements grade assessment system to promote the standardization and specialization of the industry.

Article 8

The business operator of beauty treatment and hairdressing and the employees thereof shall comply with state laws, regulations and relevant regulations of professional ethics, and may not undertake pornographic services and other illegal activities.

Article 9

The business operator of beauty treatment and hairdressing shall implement the professional technical conditions, service criterions, quality standards and working instructions of the industry.

Article 10

The beauticians, hairdressers and other professional technicians who undertake beauty treatment and hairdressing services shall obtain the qualification certificate issued by the relevant department of the state. Other practicing personnel shall be subject to the training of the relevant professional organizations or institutions and shall obtain the certificates of competency.

Article 11

The business operator of beauty treatment and hairdressing shall place on the eye-catching place of the business place its business license, hygienic license, service items and charging standards.

Article 12

The business operator of beauty treatment and hairdressing shall inform the consumers of the prices of services when providing services and shall clearly mark the price of the articles used for beauty treatment and hairdressing sold during the process of providing services. The articles and appliances used for beauty treatment and hairdressing shall be shown to consumers for them to select and use.

After providing services, the business operator of beauty treatment and hairdressing shall issue the corresponding consumption vouchers or documents of service to the consumers.

Article 13

When providing services, the business operator of beauty treatment and hairdressing shall inquire of the consumers about their request, and provide true information concerning the services to the consumers, as well as give a true and definite answer to the questions put forward by the consumers concerning products and services and etc., and may not cheat or mislead consumers.

Article 14

The various products and the corresponding appliances for hair washing, hair care, hair coloring, hair perm and skin cleansing, skin care and color party used and sold for beauty treatment and hairdressing services shall be in conformity with the state provisions and standards for product quality and safety and sanitation, no fake and shoddy products may be used or sold.

Article 15

The business place for beauty treatment and hairdressing shall comply with the relevant sanitation provisions and standards and have the corresponding sanitary and sterilizing facilities and measures. The practitioner shall be subject to the physical check-up of the administrative department of public health and can take up an occupation with health certificate.

Article 16

The competent department of commerce at all levels shall strengthen administration and coordination on the beauty treatment and hairdressing industry within their own jurisdictions, and give guidance to the local industry associations (chambers of commerce) to carry out service work in such aspects as information, standards, training, credit and technology, etc.

Article 17

The beauty treatment and hairdressing industry associations(chambers of commerce) shall actively provide services for the business operators, maintain the lawful rights and interests of the business operators, strengthen guidance to and supervision over the development of beauty treatment and hairdressing industry, and do a good self-disciplinary work of the industry.

The business operator of beauty treatment and hairdressing shall register the enterprise information to the local beauty treatment and hairdressing associations for archival purposes (chambers of commerce).

Article 18

The competent department of commerce at all levels shall give a warning to any business operator of beauty treatment and hairdressing who violates the present Measures, and order him/it to correct within a prescribed time limit, and may make an announcement to the society, if necessary. As to those who shall be subject to punishments in light of the relevant laws and regulations, the competent departments of commerce at all levels may ask the relevant departments to punish them according to law.

Article 19

The competent department of commerce of all provinces, autonomous regions, and municipalities directly under the Central Government may formulate the relevant implementation measures on the basis of the present Measures and in combination with the practical situation of the beauty treatment and hairdressing industry within their own jurisdictions.

Article 20

The power to interpret the present Measures shall be vested in the Ministry of Commerce.

Article 21

The present Measures shall go into effect as of January 1st, 2005.