|
|
[Home]
[Databases]
[WorldLII]
[Search]
[Feedback]
Laws of the People's Republic of China |
[Database Search] [Name Search] [Noteup] [Help]
| Category | PRICE | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1987-09-11 | Effective Date | 1987-09-11 |
|
Regulations of the People's Republic of China on the Control of Prices |
|---|
Article 1 These Regulations are formulated for the purposes of
implementing the state principles and policies regarding prices, strengthening
the control of prices, maintaining the general steady of market prices,
stabilizing the people's lives, safeguarding the smoothness of the economic
system reform, and promoting the development of the socialist planned
commodity economy.
Article 2 The control of prices shall be conducted to safeguard the state
interest at first, to protect the legal economic interests of producers,
marketers and consumers, and to handle the relations of economic interests
properly among central and local authorities, departments and enterprises.
Article 3 The state shall follow the principle of combining direct price
control with indirect price control and shall adopt three forms of prices,
that is, the state fixed price, the state guidance price and the market free
price.
Article 4 The state shall carry out unified leadership to the control of
prices and shall divide the managerial work among the administrative
departments of different levels.
The price control departments of the people's governments at various Article 5 The "price" referred to in these Regulations includes: (1) price of commodity; and (2) charge standard for profit-making service (hereinafter referred to Article 6 The composition of commodity price shall include the social Article 7 The state fixed price and the state guidance price fixed and (1) maintaining rational price ratios among commodities; (2) pricing commodities according to qualities in the light of specific (3) determining rational difference between purchase and sale price, Article 8 The "state fixed price" refers to as commodity price and charge The "state guidance price" refers to as commodity price and charge The "market free price" refers to as commodity price and charge standard Article 9 The state price control department and its authorized price Article 10 Commodity prices and charge standards must be fixed and Article 11 Relevant departments responsible for industries of the State Article 12 The price control department shall strength the control and Article 13 The state price control department shall perform the following (1) studying and formulating the state principles, policies and plans of (2) studying and formulating draft laws and regulations regarding prices; (3) conducting the price control and overall balance of prices nationwide; (4) specifying principles and methods for pricing commodities and charges (5) directing and supervising departments responsible for industries of (6) mediating and settling price disputes between departments responsible (7) establishing a nationwide network of price information to develop (8) performing other functions entrusted by the State Council. Article 14 Departments responsible for industries of the State Council (1) organizing and supervising the implementation of state principles, (2) specifying principles and methods for pricing commodities and charges (3) organizing and supervising the implementation of commodity prices and (4) directing the work of price in their respective sector or industry, (5) providing materials related to commodity prices and charge standards (6) establishing a network of price information in their respective sector Article 15 The price control department of the people's government of (1) implementing state principles, policies, laws and regulations (2) organizing and supervising relevant departments in respect to the (3) conducting the price control and overall balance in their own regions, (4) specifying principles and methods for pricing commodity prices and (5) directing and supervising departments responsible for industries at (6) mediating and settling price disputes in their own regions; (7) establishing a network of price information in their own regions to (8) performing other functions entrusted by the people's government of Article 16 The people's government of province, autonomous region and Article 17 Enterprises enjoy the following rights in respect to prices: (1) fixing prices and charge standards according to relevant provisions (2) fixing commodity prices and charge standards listed under the market (3) fixing commodity prices within an extent of rise as prescribed for the (4) fixing prices of trial sale for new products within a prescribed time (5) making proposal for fixing and adjustment of commodity prices and Article 18 Enterprises shall perform the following obligations in respect (1) abiding by the principles, policies, laws and regulations regarding (2) truthfully reporting materials in relation to pricing commodities and (3) following the price control by the price control department, accepting (4) carrying out systems for report and record of commodity prices and (5) clearly marking prices according to provisions when engaging in Article 19 Institutions and individual businesses shall have their rights Article 20 The price inspection organs under the price control Article 21 The price inspection organ shall accept the guidance of its Article 22 The price inspection organ shall rely on and arouse the masses The price inspection organ shall bring the Consumers' Association into Article 23 The Supervision and inspection by mass organizations for price Personnel of mass organizations for price supervision shall wear a sign Article 24 The local people's governments at various levels shall Article 25 Departments of administration for industry and commerce, Article 26 Any organization or individual has right to denounce and Anyone who has done his work successfully in mass organizations for price Article 27 Whoever retaliates against persons who denounce and expose or Article 28 Price inspectors shall act according to law. Whoever abuses Article 29 The following acts shall be treated as acts against price laws: (1) failing to purchase or sell commodities or charge fees at the state (2) fixing and adjusting commodity prices or charge standards in violation (3) forcing prices up by heightening grades or forcing prices down by (4) transforming means of production under the plan into those outside the (5) marketing commodities rationed out for urban residents at a negotiated (6) raising prices link by link for sale of commodities in violation of (7) inventing excuses for overcharges; (8) raising commodity prices or charge standards by passing poor quality (9) agreeing upon a monopoly price between enterprises or within a trade (10) failing to follow the system for report of raising price; (11) failing to mark the price clearly according to provisions; (12) divulging the state secrets of prices; and (13) committing acts violating laws and regulations and policies regarding Article 30 The price inspection organ shall impose the following (1) circulating a notice of criticism; (2) ordering to return his illegal gains to purchasers or customers; (3) fabricating illegal gains which cannot be returned; (4) giving a fine; (5) referring to departments for administration of industry and commerce (6) giving a fine to persons directly responsible or persons in charge of The punishments stipulated above may be imposed concurrently. Article 31 Where anyone refuses to pay out his illegal gains or fine, the An organization or individual business imposed upon punishment shall Article 32 An organization or individual imposed upon punishment may, if Article 33 The state price control department or a higher level's price Article 34 Whoever refuses or obstructs a price inspector who is carrying Article 35 Where the price control departments or departments responsible Whoever divulges the state secrets of prices shall be investigated for Article 36 The price control department shall conduct the control and Article 37 The price control in relation to foreign investment Article 38 The State Administration of Commodity Prices shall be Article 39 These Regulations shall enter into force as from the date of
AsianLII:
Copyright Policy
|
Disclaimers
|
Privacy Policy
|
Feedback
levels (hereinafter referred to as "the price control department"),
departments responsible for industries of the people's governments at various
levels, price control offices in enterprises and institutions and the
personnel shall strictly abide by state laws and regulations as well as
policies regarding prices to handle the price control and inspection well.
Chapter II Pricing and Administration
as "charge standard").
average production cost, tax, profit and normal circulation cost.
adjusted for commodities shall be close to the value, reflect the status of
supply and demand, conform with requirements of state policies and follow the
following principles:
quality standards or standards for grades and specifications; and
difference between wholesale and retail price, regional price difference and
seasonal price difference by reducing circulation links and costs.
standard determined by the price control department and departments
responsible for industries of the people's government at county level or above
(including the county level, similarly hereinafter) within their terms of
reference specified by the state.
standard determined by enterprises under the guidance of the price control
department and departments responsible for industries of the people's
government at county level or above who fix basic prices and floating range,
difference ratio, profit margin, ceiling price and protective floor price
within their terms of reference specified by the state.
determined by producers and marketers.
control department of the people's government of province, autonomous region
and municipality directly under the central government shall fix and adjust
catalogues of commodities and charge items listed under the state fixed price
or the state guidance price for dividing managerial work among administrative
departments of different levels.
adjusted according to terms of reference and procedures specified by the
state. No region, department, organization or individual may exceed its terms
of reference to fix and adjust commodity prices and charge standards.
council and the local people's governments at various levels shall possess
information regarding market prices of commodities and shall participate in
the market regulation by organizing goods resources through state-owned
industrial and commercial enterprises, material supply enterprises and supply
and marketing cooperatives to stabilize market prices of commodities. In case
of a soaring or slump in market free prices, the price control department may
specify ceiling prices, protective floor prices and a reporting system of
raising prices for part of commodities within a period of time.
inspection of urban and rural fair trade markets and individual businesses in
respect to prices.
Chapter III Functions of Price Control
functions of price control:
prices and schemes of price reform, and organizing the implementation with the
approval of the State Council;
within the terms of reference, fixing and adjusting commodity prices and
charge standards of which it is in charge, and, in case of important commodity
prices and charge standards, fixing and adjusting them in consultation with
relevant departments responsible for industries of the State Council and
reporting them to the State Council for approval;
the State Council and the people's government of province, autonomous region
and municipality directly under the central government in respect to the work
of prices, and inspecting and dealing with acts against laws and regulations
and policies regarding prices (hereinafter referred to as "acts against price
laws");
for industries of the State Council, between provinces, autonomous regions and
municipalities directly under the central government, or between departments
responsible for industries of the State Council and provinces, autonomous
regions and municipalities directly under the central government;
price information service; and
shall perform the following functions of price control:
policies, laws and regulations regarding prices in their respective sector or
industry;
within their terms of reference, fixing and adjusting commodity prices and
charge standards of which they are in charge;
charge standards in their respective sector or industry;
mediating and settling price disputes and assisting price inspection organs
with investigation of acts against price laws;
of which the state price control department is in charge and raising price
adjustment schemes; and
or industry to develop price information service.
province, autonomous region and municipality directly under the central
government shall perform the following functions of price control:
regarding prices;
implementation of commodity prices and charge standards specified by the state
price control department and departments responsible for industries of the
State Council;
formulating the draft price plan of their own regions in consultation with
relevant departments and organizing its implementation with an approval;
charge standards within their terms of reference, fixing and adjusting
commodity prices and charge standards of which they are in charge, and, in
case of important commodity prices and charge standards, reporting them to the
people's government of province, autonomous region and municipality directly
under the central government for approval and reporting them to the state
price control department and relevant departments responsible for industries
of the State Council for record;
the same level, the people's government at the lower level, enterprises and
institutions in their own regions in respect to the work of prices, and
inspecting and dealing with acts against price laws;
develop price information service; and
province, autonomous region and municipality directly under the central
government.
municipality directly under the central government shall, with reference to
the provisions of related articles in this Chapter, specify the functions of
price control for their departments responsible for industries and the price
control departments and departments responsible for industries of the people's
governments of cities and counties.
Chapter IV Enterprises' Rights and Obligations in Respect to Prices
for commodities and charge items listed under the state guidance price;
free price;
products of which the rise of price due to high-quality has been appraised and
approved by the competent department and the price control department, and
determining reduced prices for damaged, waste or defective goods according to
the prescribed power;
limit; and
charge standards listed under the state fixed price and the state guidance
price.
to prices:
prices and implementing the state fixed price and the state guidance price;
charge items listed under the state fixed price and the state guidance price;
the supervision and inspection of prices and truthfully providing materials in
relation to costs, account books and other materials necessary for the
supervision and inspection of prices;
charge standards specified by the price control department; and
retail, catering and service trades.
and obligations in respect to prices with reference to the provisions of
articles 17 and 18 in these Regulations.
Chapter V Supervision and Inspection of Prices
departments at various levels shall execute powers to supervise and inspect
prices and deal with acts against price laws according to law. They shall make
the supervision and inspection of departments responsible for industries of
the same level's people's government, the lower level's people's government,
and enterprises, institutions and individual businesses in their regions in
respect to the implementation of laws and regulations and policies regarding
prices.
higher level's organ in respect of its affairs. The principals of the local
price inspection organs at various levels shall be appointed and removed with
the consent of the higher level's price control department.
for the supervision and inspection of prices and shall cooperate with trade
unions and street offices in organizing workers' or mass stations for price
supervision and conducting mass activities in price supervision and inspection.
play in price supervision and shall investigate and deal with the acts against
price laws reported from the Consumers' Association.
supervision shall focus on prices of consumer goods and charge standards of
services in close connection with the people's lives.
and produce his certificate of price inspection when making the price
supervision and inspection.
strengthen the leadership to the price supervision and inspection and shall
organize relevant departments and persons from involved social circles
periodically or nonperiodically for the supervision and inspection over the
implementation of laws and regulations and policies regarding prices.
audit, finance, taxation, public security, standardization, metrology, and
banks shall give vigorous support to the price control department in
supervising and inspecting prices and dealing with the acts against price laws.
expose acts against price laws. The price inspection organ shall keep secrets
for denouncers and shall, according to law, give awards to meritorious persons
for denouncing and exposing or assisting with investigation of acts against
price laws.
supervision shall be given awards according to provisions.
investigate acts against price laws shall be investigated for legal
responsibility.
his power, embezzles public property and takes bribes, engages in malpractice
for his personal interests or neglects his duties, shall be punished according
to relevant provisions of the state; if the circumstances are serious enough
to constitute a crime, the judicial organs shall investigate for criminal
responsibilities according to law.
Chapter VI Penalties
fixed price;
of principles for fixing the state guidance price;
lowering grades;
plan in violation of provisions for sale at a higher price;
price;
provisions;
products off as quality ones, giving short measure or weight, lowering quality
or by other disguised means;
association.
prices in other forms.
punishments according to circumstances upon anyone who commits any of the acts
stipulated in the preceding article:
for revoking his business licence; or
enterprises or institutions, and also offering a proposal to relevant
departments for giving them disciplinary sanctions.
price inspection organ may notify transference of money to his opening bank
according to provisions. If he has not opened any bank account or has not any
money in his bank account, the price inspection organ has power to sell off
his goods for payment.
offset its illegal gains returned or fabricated against its income from sales
or business income for the year of closing the case. Fines imposed upon
enterprises or institutions shall be paid from their own funds, fixed
budgetary resources or extra-budgetary funds.
it or he refuses to accept the decision of punishment, apply to the higher
level's price inspection organ for consideration within 15 days as from the
date of receiving the notice of punishment. The higher level's price
inspection organ shall make a decision of consideration within 30 days as from
the date of receiving the application for consideration. The original decision
of punishment shall not be suspended during the period of consideration. If
the applicant refuses to accept the decision of consideration, it or he may
bring a lawsuit to a people's court within 15 days as from the date of
receiving the notice of consideration.
inspection organ has power to correct an entry-into-force decision of
punishment made by the price inspection organs at various levels or a lower
level's price inspection organ or order them or it to make a new decision if
it deems it really mistaken.
out his duties according to law shall be punished by public security organs in
accordance with the provisions in the Regulations of the People's Republic of
China on Administrative Penalties for Public Security. If the circumstances
are serious enough to constitute a crime, the judicial organs shall
investigate for criminal responsibilities according to law.
for industries of the people's governments at various levels and their staff
members fix and adjust commodity prices and charge standards in violation of
terms of reference and procedures for price control, the higher level's or the
same level's price control department shall make a correction and shall
investigate involved persons for responsibilities within its terms of
reference in relation to personnel administration.
responsibilities.
Chapter VII Supplementary Provisions
supervision of administrative or institutional charges in accordance with the
state principles and policies regarding prices and shall examine and approve
charge standards in consultation with relevant departments.
enterprises established within the territory of China shall be conducted in
accordance with the relevant provisions of the state.
responsible for the interpretation of these Regulations and shall formulate
the detailed rules for their implementation.
promulgation. Provisional Regulations on the Control of Prices promulgated on
July 7, 1982 by the State Council shall be repealed on the same date.
URL: http://www.asianlii.org/cn/legis/cen/laws/rotcop360