(Issued by Order No. 60 of the State Administration for Industry and Commerce on January 26, 2014)
Chapter I General Provisions
Article 1 These Measures are formulated in accordance with the Consumer Rights Protection Law, Product Quality Law, Anti-Unfair Competition Law, Contract Law, Trademark Law, Advertising Law, Tort Liability Law, Electronic Signature Law and other laws and regulations to regulate online commodity transactions and relevant services, protect the legitimate rights and interests of consumers and business operators, and promote the sustainable and sound development of the online economy.
Article 2 Anyone engaging in online commodity transactions and providing relevant services within the territory of the People's Republic of China shall abide by the laws, regulations and these Measures of the People's Republic of China.
Article 3 The term "online commodity transactions" as used in these Measures refers to business activities of selling commodities or providing services through the Internet (including the mobile Internet). The term "relevant services" refers to profit-making services such as providing third-party trading platforms, publicity and promotion, credit evaluation, payment and settlement, logistics, express delivery, network access, server hosting, virtual space rental, and website and webpage design and production for online commodity transactions.
Article 4 Business operators engaging in online commodity transactions and relevant services shall follow the principles of voluntariness, fairness, honesty and credibility, and observe business ethics and public order and good customs.
Article 5 Online commodity business operators and relevant service business operators are encouraged and supported to innovate business models, improve service levels, and promote the development of the online economy.
Article 6 Online commodity business operators and relevant service business operators are encouraged and supported to establish industry organizations, formulate industry conventions, promote industry credit construction, strengthen industry self-regulation, and promote the standardized development of the industry.
Chapter II Obligations of Online Commodity Business Operators and Relevant Service Business Operators
Section 1 General Provisions
Article 7 Business operators engaging in online commodity transactions and relevant services shall go through industrial and commercial registration in accordance with the law. Natural persons engaging in online commodity transactions shall conduct business activities through third-party trading platforms and submit their real identity information such as name, address, valid identity certificate and valid contact information to the third-party trading platforms. Those who meet the conditions for registration shall go through industrial and commercial registration in accordance with the law. Business operators engaging in online commodity transactions and relevant services shall obtain relevant approval in accordance with the law if the commodities or services they sell or provide are subject to administrative approval as required by laws, administrative regulations or decisions of the State Council.
Article 8 A legal person, other economic organization or individual industrial and commercial household registered with the administrative department for industry and commerce and having obtained a business license shall, when engaging in online commodity transactions and relevant services, publicly display the information recorded in its business license or an electronic link logo of its business license in a prominent position on the home page of its website or the main page where it conducts business activities.
Article 9 Commodities or services traded online shall comply with the provisions of laws, regulations and rules. Business operators shall not trade commodities or services prohibited by laws and regulations online.
Article 10 When selling commodities or providing services to consumers, online commodity business operators shall abide by the Consumer Rights Protection Law, Product Quality Law and other laws, regulations and rules, and shall not harm the legitimate rights and interests of consumers.
Article 11 When selling commodities or providing services to consumers, online commodity business operators shall provide consumers with information such as business address, contact information, quantity and quality of commodities or services, price or fees, performance period and method, payment method, return and exchange method, safety precautions and risk warnings, after-sales service, and civil liability, take safety and security measures to ensure safe and reliable transactions, and provide commodities or services as promised.
Article 12 When selling commodities or providing services, online commodity business operators shall ensure the integrity of commodities or services, shall not split commodities or services unreasonably for sale, shall not set a minimum consumption standard or charge additional unreasonable fees.
Article 13 When selling commodities or providing services, online commodity business operators shall issue invoices and other purchase vouchers or service documents to consumers in accordance with relevant national regulations or commercial practices; with the consent of consumers, they may issue them in electronic form. Electronic purchase vouchers or service documents may be used as a basis for handling consumer complaints. Online commodity business operators must issue invoices and other purchase vouchers or service documents at the request of consumers.
Article 14 Information on commodities or services provided by online commodity business operators and relevant service business operators shall be true and accurate, and no false propaganda or false representation shall be made.
Article 15 When selling commodities or providing services, online commodity business operators and relevant service business operators shall abide by the Trademark Law, Provisions on the Administration of Enterprise Name Registration and other laws, regulations and rules, and shall not infringe upon the exclusive right to use registered trademarks, enterprise name rights and other rights of others.
Article 16 Consumers have the right to return goods purchased by online commodity business operators within seven days from the date of receipt without giving reasons, except for the following commodities: (1) Customized commodities; (2) Fresh and perishable commodities; (3) Digital commodities such as audio-visual products and computer software downloaded online or unpacked by consumers; (4) Delivered newspapers and periodicals. Except for the commodities listed in the preceding paragraph, other commodities that are not suitable for return due to their nature and confirmed by consumers at the time of purchase are not applicable for unconditional return. The returned goods shall be in good condition. Online commodity business operators shall refund the commodity price paid by consumers within seven days from the date of receipt of the returned goods. The freight of returned goods shall be borne by consumers; unless otherwise agreed by online commodity business operators and consumers.
Article 17 When using standard contract terms in business activities, online commodity business operators and relevant service business operators shall comply with the provisions of laws, regulations and rules, determine the rights and obligations of both parties to the transaction in accordance with the principle of fairness, remind consumers of clauses materially related to their interests in a prominent manner, and explain them at the request of consumers. Online commodity business operators and relevant service business operators shall not make unfair or unreasonable provisions on consumers by means of standard contract terms, such as excluding or limiting consumers' rights, reducing or exempting operators' responsibilities, or aggravating consumers' responsibilities, and shall not use standard contract terms and technical means to force transactions.
Article 18 When collecting and using information of consumers or business operators in business activities, online commodity business operators and relevant service business operators shall follow the principles of legality, legitimacy and necessity, clearly indicate the purpose, method and scope of collecting and using information, and obtain the consent of the person being collected. Online commodity business operators and relevant service business operators shall publicize their information collection and use rules when collecting and using information of consumers or business operators, and shall not collect or use information in violation of the provisions of laws, regulations and the agreement of both parties. Online commodity business operators, relevant service business operators and their staff must keep strictly confidential the personal information of consumers or commercial secrets of business operators collected, and shall not disclose, sell or illegally provide them to others. Online commodity business operators and relevant service business operators shall take technical and other necessary measures to ensure information security and prevent information leakage and loss. Immediate remedial measures shall be taken when information leakage or loss occurs or may occur. Online commodity business operators and relevant service business operators shall not send commercial electronic information to consumers without their consent or request, or if consumers explicitly refuse.
Article 19 When selling commodities or services, online commodity business operators and relevant service business operators shall abide by the Anti-Unfair Competition Law and other laws, and shall not harm the legitimate rights and interests of other business operators or disrupt the social and economic order by means of unfair competition. Meanwhile, they shall not engage in the following unfair competition acts by means of network technology or carriers: (1) Unauthorized use of domain names, names and logos unique to well-known websites or use of domain names, names and logos similar to well-known websites, confusing with others' well-known websites and causing consumers' misrecognition; (2) Unauthorized use or forgery of electronic logos of government departments or social organizations for misleading false propaganda; (3) Conducting prize-winning sales with virtual items as prizes, where the agreed amount of virtual items in the online market exceeds the limit allowed by laws and regulations; (4) Promoting business reputation for oneself or others by means of fictitious transactions, deleting unfavorable evaluations, etc.; (5) Damaging the business reputation of competitors by malicious evaluations contrary to facts after the transaction is concluded; (6) Other unfair competition acts prescribed by laws and regulations.
Article 20 Online commodity business operators and relevant service business operators shall not conduct illegal technical attacks on competitors' websites or webpages, resulting in the inability of competitors to operate normally.
Article 21 Online commodity business operators and relevant service business operators shall submit business statistics to the local administrative department for industry and commerce in accordance with the provisions of the State Administration for Industry and Commerce.
Section 2 Special Provisions on Third-Party Trading Platform Operators
Article 22 A third-party trading platform operator shall be an enterprise legal person registered with the administrative department for industry and commerce and having obtained a business license. The term "third-party trading platform" as mentioned in the preceding paragraph refers to an information network system that provides webpage space, virtual business premises, transaction rules, transaction matching, information release and other services for both or multiple parties to transactions in online commodity transactions, allowing both or multiple parties to conduct independent transactions.
Article 23 Third-party trading platform operators shall examine and register the business subject identity of legal persons, other economic organizations or individual industrial and commercial households applying to enter the platform to sell commodities or provide services, establish registration files and regularly verify and update them, and publicly display the information recorded in their business licenses or electronic link logos of their business licenses in a prominent position on the main page where they conduct business activities. Third-party trading platform operators shall examine and register the real identity information of natural persons who do not meet the conditions for industrial and commercial registration and apply to enter the platform to sell commodities or provide services, establish registration files and regularly verify and update them, issue marks certifying the truth and legality of personal identity information, and load them in a prominent position on the main page where they conduct business activities. When examining and registering, third-party trading platform operators shall make the other party aware of and agree to the registration agreement, and remind the other party of the obligations and liability clauses.
Article 24 Third-party trading platform operators shall sign agreements with business operators applying to enter the platform to sell commodities or provide services, and clarify the rights, obligations and responsibilities of both parties in terms of platform entry and exit, commodity and service quality and safety guarantee, and consumer rights protection. When third-party trading platform operators modify the agreements and transaction rules with operators on the platform, they shall follow the principles of openness, continuity and reasonableness, and the modified contents shall be publicly announced and notified to relevant operators at least seven days in advance. If an operator on the platform does not accept the modified contents of the agreement or rules and applies to exit the platform, the third-party trading platform operator shall allow it to exit and bear relevant responsibilities in accordance with the original agreement or transaction rules.
Article 25 Third-party trading platform operators shall establish management systems such as transaction rules, transaction security guarantee, consumer rights protection, and bad information handling on the platform. All management systems shall be displayed on their websites, and technically ensure that users can read and save them conveniently and completely. Third-party trading platform operators shall take necessary technical and management measures to ensure the normal operation of the platform, provide necessary and reliable transaction environment and transaction services, and maintain the order of online transactions.
Article 26 Third-party trading platform operators shall establish an inspection and monitoring system for business operators selling commodities or providing services through the platform and the commodity and service information released by them. If any act in violation of industrial and commercial administration laws, regulations and rules is found, they shall report to the local administrative department for industry and commerce of the platform operator, take timely measures to stop it, and may suspend the provision of third-party trading platform services to it if necessary. If the administrative department for industry and commerce finds any act in violation of industrial and commercial administration laws, regulations and rules on the platform and requires the third-party trading platform operator to take measures to stop it in accordance with the law, the third-party trading platform operator shall cooperate.
Article 27 Third-party trading platform operators shall take necessary measures to protect the exclusive right to use registered trademarks, enterprise name rights and other rights. If the right holder has evidence that the operator on the platform has infringed its exclusive right to use registered trademarks, enterprise name rights and other rights or committed other unfair competition acts harming its legitimate rights and interests, necessary measures shall be taken in accordance with the Tort Liability Law.
Article 28 Third-party trading platform operators shall establish a system of reconciliation of consumer disputes and self-regulation of consumer rights protection. If a consumer purchases commodities or receives services on the platform and a consumer dispute occurs or his legitimate rights and interests are damaged, and the consumer requests the platform to mediate, the platform shall mediate; if the consumer protects his rights through other channels, the platform shall provide the consumer with the real website registration information of the operator and actively assist the consumer in protecting his legitimate rights and interests.
Article 29 When third-party trading platform operators carry out self-operated business of commodities or services on the platform, they shall distinguish and mark the self-operated part and the business part of other operators on the platform in a prominent manner to avoid misleading consumers.
Article 30 Third-party trading platform operators shall examine, record and preserve the content and release time of commodity and service information released on their platforms. The record retention period of the business license or real personal identity information of operators on the platform shall be no less than two years from the date of cancellation of the operator's registration on the platform, and the backup retention period of other information records such as transaction records shall be no less than two years from the date of completion of the transaction. Third-party trading platform operators shall take technical means such as electronic signature, data backup and fault recovery to ensure the integrity and security of online transaction data and materials, and ensure the authenticity of original data.
Article 31 If a third-party trading platform operator intends to terminate the provision of third-party trading platform services, it shall publicly announce and notify relevant operators and consumers in a prominent position on the main page of its website at least three months in advance, and take necessary measures to protect the legitimate rights and interests of relevant operators and consumers.
Article 32 Third-party trading platform operators are encouraged to provide fair and impartial credit evaluation services for transaction parties, objectively and impartially collect and record the credit status of operators, and establish a credit evaluation system and credit disclosure system to warn transaction risks.
Article 33 Third-party trading platform operators are encouraged to set up a consumer rights protection fund. The consumer rights protection fund shall be used to protect consumer rights and interests, shall not be misappropriated for other purposes, and the use situation shall be publicly disclosed regularly. If a third-party trading platform operator agrees with an operator on the platform to set up a consumer rights protection fund, both parties shall clearly agree on the amount, management, use and refund method of the consumer rights protection fund.
Article 34 Third-party trading platform operators shall actively assist the administrative department for industry and commerce in investigating and punishing illegal business activities online, and provide registration information, transaction data and other materials of operators suspected of illegal business activities on their platforms, and shall not conceal the true situation.
Section 3 Special Provisions on Other Relevant Service Business Operators
Article 35 Relevant service business operators providing network access, server hosting, virtual space rental, website and webpage design and production for online commodity transactions shall require applicants to provide business qualification certificates and real personal identity information, sign service contracts, and record their online information in accordance with the law. The backup retention period of information records such as the applicant's business license or real personal identity information shall be no less than two years from the date of termination or full performance of the service contract.
Article 36 Relevant service business operators providing credit evaluation services for online commodity transactions shall collect credit information through legal channels, adhere to the principles of neutrality, fairness and objectivity, shall not arbitrarily adjust users' credit ratings or relevant information, and shall not use the collected credit information for any illegal purposes.
Article 37 Providing publicity and promotion services for online commodity transactions shall comply with the provisions of relevant laws, regulations and rules. Those who provide publicity and promotion services, comment on commodities or services through online social carriers such as blogs and Weibo and receive remuneration therefor shall truthfully disclose their nature to avoid misleading consumers.
Article 38 Relevant service business operators providing network access, payment and settlement, logistics, express delivery and other services for online commodity transactions shall actively assist the administrative department for industry and commerce in investigating and punishing illegal acts related to online commodity transactions, and provide relevant data and materials such as registration information, contact information and address of online commodity business operators suspected of illegal business activities, and shall not conceal the true situation.
Chapter III Supervision and Administration of Online Commodity Transactions and Relevant Services
Article 39 The supervision and administration of online commodity transactions and relevant services shall be the responsibility of the administrative departments for industry and commerce at or above the county level.
Article 40 The administrative departments for industry and commerce at or above the county level shall establish credit files for online commodity transactions and relevant services, and record the results of daily supervision and inspection, investigation and punishment of illegal acts, etc. According to the records of credit files, classified credit supervision shall be implemented on online commodity business operators and relevant service business operators.
Article 41 Illegal acts in online commodity transactions and relevant services shall be under the jurisdiction of the administrative department for industry and commerce at or above the county level where the domicile of the operator who committed the illegal act is located. For operators conducting business activities through third-party trading platforms, their illegal acts shall be under the jurisdiction of the administrative department for industry and commerce at or above the county level where the domicile of the third-party trading platform operator is located. If the administrative department for industry and commerce at or above the county level where the domicile of the third-party trading platform operator is located has difficulty in exercising jurisdiction over illegal actors in other places, it may transfer the illegal situation of the illegal actor to the administrative department for industry and commerce at or above the county level where the illegal actor is located for handling. If two or more administrative departments for industry and commerce have a dispute over the jurisdiction over illegal acts in online commodity transactions and relevant services, they shall report to their common superior administrative department for industry and commerce to designate jurisdiction. Illegal acts in online commodity transactions and relevant services that have a significant impact nationwide, seriously infringe upon consumer rights and interests, trigger group complaints or involve complex cases shall be investigated and punished by the State Administration for Industry and Commerce or designated provincial administrative bureaus for industry and commerce.
Article 42 Complaints filed by consumers in online commodity transactions and relevant services to the administrative department for industry and commerce shall be handled in accordance with the Measures for Handling Consumer Complaints by Administrative Departments for Industry and Commerce.
Article 43 When investigating and punishing suspected illegal online commodity transactions and relevant services, the administrative departments for industry and commerce at or above the county level may exercise the following functions and powers: (1) Questioning the relevant parties and investigating the relevant circumstances of their suspected illegal online commodity transactions and relevant services; (2) Consulting and copying the transaction data, contracts, bills, account books and other relevant data and materials of the parties; (3) Sealing and detaining commodities, tools, equipment and other articles used for engaging in illegal online commodity transactions and relevant services, and sealing up business premises used for engaging in illegal online commodity transactions and relevant services in accordance with the provisions of laws and regulations; (4) Other measures that may be taken as prescribed by laws and regulations. When the administrative department for industry and commerce exercises the functions and powers prescribed in the preceding paragraph in accordance with the law, the parties shall assist and cooperate, and shall not refuse or obstruct.
Article 44 Technical monitoring records of online commodity transactions and relevant services by the administrative department for industry and commerce may be used as electronic data evidence for imposing administrative penalties or taking administrative measures on illegal online commodity business operators and relevant service business operators.
Article 45 If anyone violates the provisions of industrial and commercial administration laws and regulations in online commodity transactions and relevant services, and the circumstances are serious and measures need to be taken to stop the illegal website from continuing to engage in illegal activities, the administrative department for industry and commerce may, in accordance with relevant provisions, request the communication administration department where the website is licensed or filed to order the temporary shielding or termination of the access service of the illegal website in accordance with the law.
Article 46 After imposing administrative penalties on illegal acts of websites, the administrative department for industry and commerce may, in accordance with relevant provisions, request the communication administration department where the website is licensed or filed to close the illegal website in accordance with the law if the illegal website needs to be closed.
Article 47 If the administrative department for industry and commerce finds illegal acts that shall be investigated and punished by other departments in the supervision and administration of online commodity transactions and relevant services, it shall transfer them to the relevant departments in accordance with the law.
Article 48 The administrative departments for industry and commerce at or above the county level shall establish a responsibility system for the supervision and administration of online commodity transactions and relevant services, and perform their duties in accordance with the law.
Chapter IV Legal Liabilities
Article 49 If laws and regulations provide otherwise for acts violating these Measures, such provisions shall prevail.
Article 50 Anyone who violates the provisions of the second paragraph of Article 7, Article 23, Article 25, the second paragraph of Article 26, Article 29, Article 30, Article 34, Article 35, Article 36 and Article 38 of these Measures shall be given a warning and ordered to make corrections; if he refuses to make corrections, he shall be fined not less than 10,000 yuan but not more than 30,000 yuan.
Article 51 Anyone who violates the provisions of Article 8 and Article 21 of these Measures shall be given a warning and ordered to make corrections; if he refuses to make corrections, he shall be fined not more than 10,000 yuan.
Article 52 Anyone who violates the provisions of Article 17 of these Measures shall be punished in accordance with the relevant provisions of the Measures for the Supervision and Handling of Illegal Contract Acts.
Article 53 Anyone who violates the provisions of Item (1) of Article 19 of these Measures shall be punished in accordance with the provisions of Article 21 of the Anti-Unfair Competition Law; anyone who violates the provisions of Item (2) and (4) of Article 19 of these Measures shall be punished in accordance with the provisions of Article 24 of the Anti-Unfair Competition Law; anyone who violates the provisions of Item (3) of Article 19 of these Measures shall be punished in accordance with the provisions of Article 26 of the Anti-Unfair Competition Law; anyone who violates the provisions of Item (5) of Article 19 of these Measures shall be given a warning, ordered to make corrections, and fined not less than 10,000 yuan but not more than 30,000 yuan.
Article 54 Anyone who violates the provisions of Article 20 of these Measures shall be given a warning, ordered to make corrections, and fined not less than 10,000 yuan but not more than 30,000 yuan.
Chapter V Supplementary Provisions
Article 55 Business activities that release information on commodities or profit-making services through third-party trading platforms but do not complete the transaction process directly through the platform shall be governed by the provisions of these Measures on the administration of online commodity transactions.
Article 56 The interpretation of these Measures shall be the responsibility of the State Administration for Industry and Commerce.
Article 57 Provincial administrative departments for industry and commerce may formulate guiding opinions on the implementation of supervision and administration of online commodity transactions and relevant services in accordance with the provisions of these Measures.
Article 58 These Measures shall come into force on March 15, 2014. The Interim Measures for the Administration of Online Commodity Transactions and Relevant Services issued by the State Administration for Industry and Commerce on May 31, 2010 shall be repealed at the same time.