Measures of Shenzhen
Special Economic Zone on Implementing the Law of the People' s
Republic of
China on the Protection of the Rights and Interests
of Consumers
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(Originally adopted at
the Twelfth Meeting of the Standing Committee of the Second
Shenzhen Municipal
People' s Congress on December 26, 1996, as
revised in accordance with the
Resolution on Revision of Articles 36 and 37 of
Measures of Shenzhen Special
Economic Zone on Implementing the Law of the People' s Republic
of
China on the Protection of the Rights and Interests of
Consumers of the Nineteenth Meeting of the Standing Committee
of the Second Shenzhen Municipal People' s Congress on December
17, 1997.)
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Chapter
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General Provisions
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Article
1
In order to implement the law of the People' s Republic of
China on the Protection of the Rights
and Interests of Consumers
(hereinafter referred to as "the law on the protection of the
rights
and interests of consumers" ), practically protect the
lawful rights and interests of consumers, these measures
are
formulated in accordance with the actual circumstances of
Shenzhen Special Economic Zone (hereinafter
referred to as
Special Zone). |
Article
2 "Consumers" referred to in
these measures means the individuals and units that purchase or
use
the commodities or receive the services for personal
consumption. |
"Operators"
referred to in these measures means the units and individuals
that manufacture or
sell the commodities or provide services for
consumers. |
Article
3 The Shenzhen Municipal
People' s Government shall organize to implement these
measures. |
For
the important matters involving the protection of the rights and
interests of consumers, the
municipal and district people' s
government (hereinafter referred to as the municipal and
district
government) shall periodically convene conferences,
organize, coordinate, supervise and urge relevant administrative
departments to perfect the work of protecting the rights and
interests of consumers. |
Article
4 The administrative department of
industry and commerce and other administrative departments of
the municipal government shall exercise their functions and
powers to protect the lawful rights and interests of
consumers
within the scope of their respective powers and duties according
to laws, regulations
and these measures. |
Article
5 The consumers' committees of
Shenzhen Municipality and its districts (hereinafter referred to
as the consumers' committees) carry out the social supervision
over the commodities and services. |
The
governments at all levels shall support the consumers'
committees to exercise functions and
powers according to law.
The funds used by the municipal or district governments to
protect the
rights and interests of consumers shall be brought
into the financial budget respectively. |
Article
6 The government shall encourage
and support all the organizations and individuals to supervise
the
behaviors that damage the lawful rights and interests of
consumers. |
The
mass medium shall reinforce the propaganda on
the protection of the lawful rights and interests of consumers,
and disclose as well as criticize
the behaviors that damage the
lawful rights and interests of consumers. |
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Chapter
¢ò
Rights of the Consumers and Obligations of the Operators
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Article
7
The consumers shall enjoy all the rights stipulated in the law
on the protection of the rights
and interests of consumers and
other relevant laws, regulations and these measures. |
Article
8 When providing commodities or
services, the operators shall perform the duties in accordance
with
the law on the protection of the rights and interests of
consumers and other relevant laws, regulations and these
measures. |
Article
9 The operators shall observe the
principles of fairness, voluntariness and good faith, and shall
not have the following behaviors: |
(1)
forcing the consumers to purchase commodities or accept services
with the means of violence,
menace, etc.; |
(2)
violating the consumers' will to engage in tied sale or add
other conditions to sale of commodities; |
(3)
failing to clearly indicate the business scope and service
standard; |
(4)
other behaviors prohibited by laws and regulations. |
Article
10 For the commodities that have
been guaranteed for repair, replacement and refund (hereinafter
referred
to as guarantee of repair,
replacement and refund) according to the provisions of
the State or the agreements between the operators and consumers,
the operators shall perform their duties according to provisions
or agreements. |
Article
11 If the commodities that are
guaranteed for repair, replacement and refund don' t accord
with the
provisions or agreements on quality, the operators
shall perform the following duties according to the consumers'
requirements: |
(1)
if the circumstances accord with the conditions of refund and
the consumers require to refund,
the operators shall refund and
shall not charge any fees; |
(2)
if the operators fail to repair within the stipulated or agreed
time limit, they shall provide
the commodities of the same kind
for the consumers to use in the repair period; |
(3)
The operators shall bear the freight, charge for loss of working
time and other reasonable fees
that happened to the consumers
because of the repair, replacement and refund. |
Article
12 For the commodities and
services that are not guaranteed for repair, replacement and
refund, if
they don' t accord with the provisions or agreements
on quality, the consumers have rights to require to repair,
replace, refund and rework, as well as make up the deficiency of
commodity amount and refund the
payments for goods and services,
and the operators shall satisfy the requirements according to
the stipulated or agreed time limit. |
"The
stipulated or agreed time limit" referred to in the preceding
paragraph means: |
(1)
the time limit stipulated in laws and regulations; |
(2)
the time limit agreed between the operators and consumers, but
the time limits that the operators
agree with the consumers in
the form of standard contract , shop notice and so on shall not
be
less than 90 days; |
(3)
if the laws and regulations have no provisions and the operators
have no agreements with the
consumers, the time limit is 90
days; |
(4)
the period of validity marked in the commodities. |
Article
13 For the commodities that accord
with the conditions of refund and the consumers require to
refund
the commodity, if the prices have declined, the operators
shall refund the payment at the original price, if the
prices
have gone up, the operators shall refund the payment at the new
price except the laws and
regulations stipulate or the parties
agree others. |
Article
14 When the operators provide
commodities or services, if the actual charges are higher than
the expressed
prices, the consumers have rights to pay at the
expressed prices. |
Article
15 The operators engaging in
service shall have the ground, techniques and equipments
according to
the stipulated conditions to protect the
consumers' personal health and safety. |
Article
16 The operators engaging in
repairing trades shall ensure the repair quality according to
the agreements.
The operators shall not substitute the
components of the repaired commodities stealthily, shall not
misreport the recruitment and the replaced components of the
repaired commodities, and shall not collect repair
expenses
recklessly from the consumers. |
The
operators shall repair the commodities within the agreed
periods. If the period is not agreed,
the operators shall repair
the commodities within 30 days. If the
operators fail to repair the commodities within the agreed or
stipulated period,
they shall refund the repair expenses. |
The
repaired section of the repaired commodities shall be guaranteed
for repair from the date when
the repaired commodities are
delivered for use. The period of guarantee for repair is 90
days.
If the commodities cannot be normally used because the
repaired section breaks down within the periods of guarantee
for
repair, the original repair units shall be responsible for fee
repair or refund the repair
expenses. The period of re-guarantee
for repair shall be extended correspondingly from the date when
the commodities have been repaired. |
Article
17 The operators engaging in
processing industry shall ensure the quality of service
according to
the provisions, agreements or business practices,
and shall not cheat in work and cut down materials, substitute
the materials stealthily or misreport the recruitment and
materials used. |
Article
18 The operators engaging in
laundering and dyeing trade shall ensure the quality of service.
The
operators shall take the responsibilities of compensation if
they misoperate or inappropriately store, thus cause
the damage,
color contamination and dyeing, loss and other accidents to the
clothing, |
Article
19 The operators engaging in
tourism shall go through relevant formalities on tourism for the
consumers
within the stipulated time limit, and shall not
arbitrarily alter the agreed conditions of the tourist line,
tourist scenery, board and lodging standard and so on, and shall
not force or mislead the consumers
to purchase commodities or
accept other services. |
Article
20 If the operators sell
commodities through mail orders, they shall inform the consumers
of the purchase
conditions, titles, persons in charge and ground
of business. |
If
the commodities received do not accord with the provisions on
quality or the agreed conditions,
the consumers accepting the
mail orders may return the commodities or inform the operators
in written
of canceling the purchase contracts within 7 days
from the date on receiving the commodities. The consumers need
not to bear any fees except they damage the commodities. |
The
consumers accepting the mail orders have rights to cancel the
purchase contracts if they haven'
t received the commodities
within 90 days from the date on remit the payment. |
Article
21 The real estate operators shall
strictly implement the laws, regulations and rules of the State
and Special Zone relevant to the real estate development and
management. They shall not mislead the consumers by
false
selling propaganda, shall not deliver the commercial housing
that has not been checked and
accepted for use, and shall not
refuse to perform the duties of management, maintenance and
upkeep
stipulated in the laws, regulations and rules or agreed
in the contracts. |
The
operators engaging in advance sale of real estate shall indicate
the standard unit floorage
and contributed public areas of the
house in the real estate purchase contract. After the houses
have been completed, the areas shall accord with each content of
the real estate purchase contracts, otherwise
the consumers have
rights to cancel the contracts or require to refund the over
charged prices
for the houses sold in advance. |
The
sale description of the house issued by the operators shall
include the tables of the unit floorage
and contributed public
areas as well as the layout charts; The advance sale
advertisements of the
real estate shall include the houses'
sites, architectural structures, completing and delivering times
and prices, etc. |
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Chapter
¢ó
Consumers' Organizations
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Article
22
The consumers' committees shall perform the following
functions and powers, besides those stipulated
in Article 32 of
the law on the protection of the rights and interests of
consumers: |
(1)
to investigate, compare, test and analyze the quality, price,
after-sale service of the commodities
and the opinions of
consumers, and public the outcomes; |
(2)
to require the operators to take necessary measures to protect
the rights and interests of consumers,
and supervise relevant
trade organizations in drafting the contents of the form
contracts; |
(3)
other functions and powers stipulated in laws and regulations. |
Article
23 For the matters about the
protection of consumers' rights and interests, the
consumers' committees
and other consumers' organizations may
supervise the public services, enterprises and other
monopolistic
operators. |
Article
24 The consumers' committees and
other consumers' organizations shall not undertake commodity
operation
and commercial service, and shall not recommend
commodities and services to the society with the aim of seeking
profits. |
The
operators shall not adduce the contents of the reports on
investigation, test, comparison and
analysis issued by the
consumers' committees in the commercial advertising. |
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Chapter
¢ô
Settlements of Disputes
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Article
25
If the consumers have disputes on their rights and interests
with the operators, they may settle
them through the following
ways: |
(1)
to consult and reconcile with the operators; |
(2)
to apply for conciliation to the consumers' committees; |
(3)
to appeal to relevant administrative departments; |
(4)
to apply for arbitration to the arbitral agencies according to
the arbitral agreements concluded
with the operators or file
lawsuits to people' s courts. |
Article
26 If the consumers complain to
the consumers' committees when they have disputes on their
rights
and interests with the operators, the consumers'
committees shall make decisions of accepting or not accepting
within 7 days from receipt of the complaint. |
The
consumers' committees shall begin to investigate and
conciliate within 7 days from the date
on accepting the
complaint. |
If
the operators and consumers reached reconciliation agreements
through conciliation, both parties
shall implement the
agreements. |
Article
27 If the consumers appeal to
relevant administrative departments, relevant administrative
departments
shall make decisions of accepting or not accepting
within 7 days from the date on receiving the appeal. |
After
accepting the appeals, relevant administrative departments shall
begin to investigate and
deal with them within 7 days from the
date on issuing the notices of acceptance and make settlement
decisions within 30 days. In special circumstances, with an
approval of the chief administrative officers of
relevant
administrative departments, the periods may be extended, but the
time extended shall not
exceed 30 days. |
For
the complaints that the consumers' committees have received,
relevant administrative departments
shall give answers within 15
days from the date on receiving the complaint, and notice the
consumers'
committees in writing. |
Article
28 If the consumers apply for
arbitration to arbitral agencies according to the arbitral
agreements
agreed with the operators, the arbitral agencies
shall make awards timely. The consumers and operators shall
implement the awards. If one party fails to implement
delinquently, the other party may apply for
coercive execution
to the people' s court that has jurisdiction. |
Article
29 If the consumers and operators
have disputes on the qualities of commodities, they can send
them
to the statutory testing centers for test. The test and
appraisal fees shall be paid in advance by the operators
and be
born by the party responsible according to the outcomes of test
and appraisal; If both parties
have responsibilities, the fees
shall be shared according to their separate responsibilities. |
If
it is difficult to test or appraise, the operators shall provide
evidences to prove that they
have no faults; If they cannot
provide such evidences, they shall bear responsibilities. |
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Chapter
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Legal Responsibilities
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Article
30
If the commodities or services provided by the operators damage
the consumers' rights and interests,
the operators shall bear
civil responsibilities according to the law on the protection of
the rights
and interests of consumers and other relevant laws
and regulations as well as the provisions of these measures. |
Article
31 If the operators violate the
provisions of Article 15 of these measures and cause damages to
the
consumers' personal health, they shall take the
responsibilities of compensation. |
Article
32 If the operators violate the
provisions of Article 18 of these measures and cause losses to
the
consumers, the operators shall compensate according to the
value, new or old degree and
loss degree of the clothing. |
Article
33 If the operators violate the
provisions of Articles 17 and 19 of these measures to provide
services,
they shall rework or refund the service fees according
to consumers' requirements; If the operators cause losses
to
the consumers, they shall compensate the losses of the
consumers. |
Article
34 If the operators violate the
provisions of these measures to cheat the consumers with false
or
illicit means and have one of the following behaviors, they
shall increase the compensation for the consumers'
losses
according to the consumers' requirements except bearing civil
responsibilities stipulated
in relevant laws and regulations to
the consumers. The amount of the increased compensation is one
time of the prices for the consumers to purchase commodities or
the total fees for the consumers to accept services: |
(1)
to sell the mingled or adulterated commodities, the fake
commodities passed for genuine, the
seconds sold at best quality
prices, and the commodities with short weights; |
(2)
to sell commodities by means of fraudulent declarations of
prices; |
(3)
to intentionally damage the installation kits of the repaired
commodities or replace the installation
kits that need not
replacing; |
(4)
to sell commodities with false descriptions of commodities,
false standards of commodities,
false entities and samples as
well as false spot demonstrations and descriptions, etc; |
(5)
to fail to sell commodities with the operators' true names and
labels; |
(6)
to conduct deceptive sale induces; |
(7)
to conduct false propagandas on commodities through broadcast,
television, newspapers or periodicals
and other mass media; |
(8)
to cheat the consumers out of their advance payments; |
(9)
to cheat the consumers with other false or illicit means. |
If
the cheating behaviors are conducted by the manufacturers or
other operators, the sellers shall
compensate the consumers in
advance; After compensation, the sellers may recover the losses
according
to law from the manufacturers or other operators who
have conducted the cheating behaviors. |
Article
35 If the operators violate the
provisions of these measures to provide commodities or services
and
cause the personal injury, disability and death of the
consumers or other victims (hereinafter collectively called
victims), the operators shall pay the expenses according to the
following standards: |
(1)
the medical expense, which is calculated according to the
necessary expense for the victim to
accept the therapy; |
(2)
the nursing fee during the therapeutic period, which is
calculated according to the expense
needed to hire the local
nursing personnel based on the nursing necessity of the victim
during
the therapeutic period; |
(3)
the loss
of incomes for absence from work,
which is calculated according to the actual incomes that the
victim loses for absence from work;
If the incomes lost are
difficult to calculate, it will be calculated based on the
standard of
annual average living expense of the resident in
this city; |
(4)
the expense for the tools of self-supporting living of the
disabled, which is calculated according
to the expense needed
for the victim to purchase the popular appliances; |
(5)
the living allowance of the disabled, which is more than 10
times but less than 20 times of
the annual average living
expense of the resident in this city, calculated according to
the victim'
s degree of disability; |
(6)
the compensation
money for disablement, which is more
than 5 times but less than 10 times of the annual average living
expense of the
resident in this city, calculated according to
the victim' s degree of disability; |
(7)
the funeral
expense, which is calculated according to the charging criterion
of the basic service items
that the funeral unit charges;
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(8)
the compensation money for death, which is 20 times of the annual
average living expense of the resident in this city; |
(9)
the necessary living expense of the person who is maintained by
the disabled or the dead during
the lifetime, which is
calculated according to the annual average living expense of the
resident
in this city. For the maintained person under 18 years
old, the
living expense shall be paid until he reaches the age of 18; For
other persons without the ability
to work, the living expenses
shall be paid until they have bee maintained for 20 years.
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Each
expenses stipulated in the proceeding paragraph shall be paid
one time. If the laws and regulations
have separate provisions,
these provisions shall be observed.
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The
annual average living expense of the resident in this city
stipulated in these measures means
the expense of personal
consumption per person in the family of city and town inhabitant
last year,
which is proclaimed by the municipal statistic
department.
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Article 36
If the operators violate the provisions of Article 9 of these
measures and damage the rights and
interests of consumers, the
administrative department of industry and commerce or relevant
administrative
departments of the municipal government shall
order them to rectify and impose the punishment of warning,
confiscate the illegal gains, impose a fine more than one time
but less than 5 times of the illegal gains;
If there is no
illegal gains, the operators shall be imposed a fine less than
10,000 yuan. The
punishments above may be imposed separately or
jointly.
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Article 37
If the operators violate the provisions of Articles 10,11,12,13
and 16 of these measures and have
one of the following behaviors
to the reasonable requirements filed by the consumers, the
administrative
department of industry and commerce of the
municipal government shall order them to rectify, fulfill the
requirements within the prescribed period and may impose a fine
less than 10,000 yuan according to the
circumstances; If the
circumstances are serious, the administrative department of
industry and
commerce of the municipal government shall order
them to stop business for rectification:
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(1)
failing to answer within 5 days from the date on receiving the
requirements of performing the
duties filed by the consumers or
the petition or complaint requiring to settle the disputes filed
by the consumers' committees;
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(2)
failing to performing the duties that they shall perform within
3 days from the date on agreeing
to perform or within the period
agreed by the consumers; |
(3)
failing to fulfill the reconciliation agreements agreed with the
consumers; |
(4)
failing to fulfill the mediation or settlement decisions made by
the consumers' committees,
and also not filing lawsuits. |
Article
38 If the operators violate the
provisions of Article 21 of these measures, the administrative
department
for real estate of the municipal government shall
order them to rectify, and may impose punishments according to
the provisions of laws and regulations of the State or Special
Zone relevant to the real estate. |
Article
39 If the parties are not
satisfied with the administrative punishments made by relevant
administrative
departments, they may file for reconsideration in
written to the superior administrative departments of the
administrative departments making the punishment decisions or
the organization for administration review
of the municipal
government within 15 days from receipt of the notices of the
punishment decision,
or file a lawsuit directly to the people'
court within 15 days from receipt of the notices of the
punishment decision. |
If
the parties fail to apply for reconsideration or file lawsuits
delinquently, and also fail to
enforce the punishment decisions,
the administrative department making the punishment decisions
shall apply for coercive enforcement to the people' s courts. |
Article 40 If the administrative departments violate the provisions of Article 27
of these measures, prevaricating and dismissing
the cases of the
consumers' complaints that are within the scope of their
duties or constantly
postponing with no decisive results, the
same-level government or the superior administrative departments
shall order them to accept and settle the cases within the time
limit. For the people directly responsible
or the persons mainly
in charge, the units where they are or the superior
administrative departments
shall give administrative sanctions.
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Article
41 In case the operators violate
the provisions of relevant laws, regulations and these measures
to
infringe on the rights and interests of consumers, if the
circumstances constitute crimes, they shall be prosecuted
the
criminal responsibilities by the judicial department according
to law. |
Article
42 If the operators obstruct the
law enforcement personnel and the working staff of the
consumers'
committees to perform the duties according to law
with the means of threatening, beating or restricting freedom
of
the person, the public security organization shall impose
punishments according to the provisions
of the Regulations of
the People' s Republic of China on Punishments in Public Order
and Security
Administration; If the circumstances constitute
crimes, they shall be prosecuted criminal responsibilities by
the judicial department according to law. |
Article
43 When the working staff of the
administrative departments and the consumers' committees
settles
the disputes on consumption, they shall be objective and
impartial, and abide by the professional ethics. If they
abuse
the powers, neglect the duties, conduct irregularities for
favoritism, they shall be given
administrative sanctions
according to the circumstances; If the circumstances constitute
crimes,
they shall be prosecuted criminal responsibilities by
the judicial department according to law. |
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Chapter
¢ö
Supplementary Provisions
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Article
44
The municipal government may enact concrete rules relevant to
the protection of the consumers'
rights and interests
according to these measures. |
Article
45 These measures shall go into
effect as of the date on publication. |
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