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(Text
of "Law of the People's Republic of China on Protecting Consumers'
Rights and Interests" adopted by the fourth meeting of the
eighth National People's Congress Standing Committee on 31st October
1993)
Chapter
I. General Principles
Article
1. This law has been formulated to protect the legitimate rights
and interests of consumers, maintain socioeconomic order and promote
the healthy development of the socialist market economy.
Article
2. The rights and interests of consumers who buy or use commodities
for purposes of daily consumption or those who receive services
are protected by this law. In the absence of relevant provisions
in this law, their rights and interests are protected by other laws
and regulations governing related matters.
Article
3. Producers shall abide by this law when supplying consumers with
the commodities they produce or market or when providing services.
In the absence of relevant provisions, they shall abide by other
laws and regulations governing related matters.
Article
4. When conducting transactions, producers and consumers shall follow
the principles of voluntariness, equality, fairness, honesty and
credibility.
Article
5. The state shall protect the legitimate rights and interests of
consumers to ensure that they will not be violated.
The
state shall take measures to ensure that consumers will exercise
their rights in accordance with the law and to protect their legitimate
rights and interests.
Article
6. It is the common responsibility of all strata of society to protect
the legitimate rights and interests of consumers.
The
state shall encourage all organizations and individuals to exercise
public supervision over actions that hurt the legitimate rights
and interests of consumers and shall assist them in this regard.
The
mass media shall publicize the need to protect the legitimate rights
and interests of consumers and shall enlist public opinion in overseeing
actions that hurt such rights and interests.
Chapter
II. Consumers' Rights
Article
7. In buying or using commodities or in receiving services, consumers
are entitled to personal safety and safety with regard to their
property.
With
respect to commodities and services provided by the producers, consumers
are entitled to raise demands to ensure their personal safety and
the safety of their property.
Article
8. Consumers are entitled to receive correct information on the
commodities they buy or use or on the services they receive.
Consumers
are entitled to request producers to supply relevant information
as required by different commodities and services. Such information
includes commodity prices, manufacturing places, manufacturers,
intended uses, functions, specifications, product grades, major
components or ingredients, manufacturing dates, expiration dates,
inspection certificates, instructions for operation or application,
after-sales services and service items, details and charges.
Article
9. Consumers are entitled to choose their own commodities or services.
Consumers
are entitled to choose their own producers for the supply of commodities
or services, as well as their preferred commodity types or service
methods. They can decide independently whether to buy a certain
commodity or to receive a certain type of service.
In
choosing their preferred commodities or services, consumers are
entitled to draw comparisons and distinctions or to exercise their
options.
Article
10. Consumers enjoy the right of fair trade.
In
purchasing commodities or receiving service, consumers have the
right to quality assurance, reasonable prices and accurate measurements
and other terms of fair trade, as well as the right to reject business
operators' coercive trade behavior.
Article
11. Consumers enjoy the right to receive compensation in accordance
with the law for personal and property damages incurred as a result
of the purchase and use of commodities or receipt of service .
Article
12. Consumers enjoy the right to form social groups in accordance
with the law to safeguard their legitimate rights and interests.
Article
13. Consumers enjoy the right to obtain knowledge related to consumption
and to the protection of their rights and interests.
Consumers
shall make an effort to grasp knowledge about the commodities and
service they want and to acquire the skills necessary for using
them; they shall correctly use commodities and raise their own awareness
to protect themselves.
Article
14. In purchasing and using commodities and receiving service, consumers
enjoy the right to demand respect of their personal dignity and
national customs and habits.
Article
15. Consumers enjoy the right to exercise supervision over commodities
and service, and over the work of protecting their rights and interests.
Consumers
have the right to report and file charges over behavior infringing
their legitimate rights and interests and over violations of law
or derelictions of duty on the part of state bodies and their functionaries
in the course of protecting consumer rights and interests; consumers
have the right to criticize and make suggestions on the work of
protecting their rights and interests.
Chapter
III. Business Operators' Obligations
Article
16. When providing commodities or service to consumers, business
operators shall fulfill their obligations in accordance with the
provisions of the "Law of the People's Republic of China on
Quality of Domestically Produced Products" and other relevant
laws and regulations.
Business
operators shall fulfill their obligations in accordance with the
agreement, if any, reached with the consumers; however, such bilateral
agreements shall not contravene the provisions of laws and regulations.
Article
17. Business operators shall listen to the views of consumers on
the commodities or service provided by them and shall accept consumers'
supervision.
Article
18. Business operators shall guarantee that the commodities or service
provided by them are in conformity with the personal and property
safety requirements. In case there is a possibility that their commodities
and service may be hazardous to personal and property safety, they
shall make truthful presentation and give clear warnings to consumers
and shall explain and label the method of using the commodities
or accepting the service, as well as the directions for preventing
the occurrence of such hazards.
Upon
discovering that the commodities or service provided are seriously
defective and that they may cause harm to personal and property
safety even under normal use of the commodities or service, business
operators shall forthwith report to the relevant administrative
departments and inform the consumer and they shall adopt measures
to prevent the occurrence of the harm.
Article
19. Business operators shall provide truthful information related
to commodities and service to consumers; they shall not make misleading
or false propaganda.
Business
operators shall truthfully, clearly respond to inquiries made by
consumers regarding the quality of their commodities or service
and the method of use.
Shops
shall clearly mark the prices of their commodities.
Article
20. Business operators shall give their true names and signs and
mark them accordingly.
Business
operators leasing others' counters or space shall give their own
true names and signs and mark them accordingly.
Article
21. When providing commodities or service, business operators shall
issue receipts or service certificates to consumers in accordance
with the relevant state regulations or business practice; business
operators shall comply with consumers'request for receipts or service
certificates.
Article
22. Business operators shall guarantee that, under normal use, the
commodities or service provided by them possess the expected quality,
capability and usefulness prior to the expiration date; however,
this provision does not apply to commodities or services whose defects
are known to consumers at the time of purchase or the commodities
or receipt of the service.
Business
operators shall guarantee that the actual quality of their commodities
and services are compatible with what they indicate in the advertisement,
product literature, samples or other forms of presentation.
Article
23. In selling their commodities or offering services, after promising
to undertake the commitment for repair, exchange and refund in accordance
with state regulations or an agreement with consumers, or promising
to undertake other responsibilities, business operators shall fulfil
the promise according to the state regulations or the agreement
with consumers and must not deliberately resort to procrastination
or refuse to comply without reasons.
Article
24. Business operators must not set unfair and unreasonable regulations
against consumers by the use of formal contract, circular, statement,
shop or store notice and other means, or try to alleviate or avoid
their civil responsibility they must bear for harming the legitimate
rights and interests of consumers by resorting to the above means.
Should
formal contracts, circulars, statements and shop or store notices
carry contents mentioned in the previous paragraph, the contents
shall be null and void.
Article
25. Business operators must not insult and slander consumers, must
not search the body of consumers and the goods they carry and must
not infringe upon the personal freedom of consumers.
Chapter
IV. State Protection of Consumers' Legitimate Rights and Interests
Article
26. The state shall listen to consumers' opinions and demands when
formulating laws, regulations and policies relating to the legitimate
rights and interests of consumers.
Article
27. The people's governments at all levels shall strengthen leadership
over the relevant administrative departments, organize them, coordinate
with them and urge them to do well their work of protecting consumers'
legitimate rights and interests.
The
people's governments at all levels shall strengthen supervision
to prevent acts of harming the personal and property safety of consumers
and to promptly check such acts.
Article
28. The industry and commerce administrations and other relevant
administrative departments of the people's governments at all levels
shall adopt measures within the scope of their authority in accordance
with the provisions of laws and regulations to protect consumers'
legitimate rights and interests.
Relevant
administrative departments shall listen to the opinions of consumers
and their organizations regarding the business conduct of business
operators and the quality of their commodities and services, and
promptly conduct investigations to handle the matter.
Article
29. In providing commodities and services, if business operators
commit the law-breaking and criminal act of harming consumers' legitimate
rights and interests, relevant state bodies shall punish them according
to the provisions of laws and regulations .
Article
30. The people's courts shall adopt measures that will make it simple
for consumers to file a lawsuit. Disputes over consumers' rights
and interests that meet the litigation conditions set by the Civil
Procedure Law of the People's Republic of China must be accepted
and promptly handled.
Chapter
V. Consumers' Organizations
Article
31. Consumers' associations and other consumers' organizations are
social organizations formed according to law to supervise commodities
and services and protect consumers' legitimate rights and interests.
Article
32. Consumers' associations exercise the following functions:
(1)
Providing consumers with consumer information and consultation services;
(2)
Assisting relevant administrative departments in supervising and
checking commodities and services;
(3)
Information relevant administrative departments of problems pertaining
to consumers' legitimate rights and interests, inquiring the departments
and making suggestions to them about these problems;
(4)
Accepting consumers' complaints and conducting investigations and
mediation in connection with the complaints;
(5)
If the complaints involve the quality of commodities and services,
a verification department, when asked to verify the quality, shall
provide the verification conclusion;
(6)
Supporting victimized consumers in taking legal proceedings against
acts of harming consumers' legitimate rights and interests;
(7)
Exposing and criticizing, through mass media, acts of harming consumers'
legitimate rights and interests;
People's
governments at all levels shall support consumers' associations
in exercising their functions.
Article
33. Consumers' organizations are not permitted to engage in business
operations and provide profit-generating services, nor are they
allowed to recommend commodities and services to society with the
aim of making profits.
Chapter
VI. Settlement of Disputes
Article
34. In the event of disputes with producers regarding their rights
and interests, consumers may pursue the following avenues in settling
the disputes:
(1)
Holding reconciliation talks with the producers;
(2)
Requesting consumers' associations to help in mediation;
(3)
Filing petitions with relevant administrative departments;
(4)
Applying to arbitration bodies for arbitration proceedings pursuant
to relevant agreements reached with the producers; and
(5)
Instituting legal proceedings in people's courts.
Article
35. Consumers may demand compensation from the sellers if their
legitimate rights and interests are hurt as a result of buying or
using the sellers' commodities. If the responsibility falls upon
the producers or other sellers who provide the commodities to the
affected sellers, the latter are in turn entitled to seek compensation
from the former after making their own indemnities.
Consumers
or other victims who suffer personal injuries or property damage
as a result of defective commodities may demand compensation from
the sellers or producers. If the producers are at fault, the sellers
may seek compensation from them after making their own indemnities.
If the sellers are at fault, the producers may have recourse to
similar action. Consumers may demand compensation from the service
providers if their legitimate rights and interests are hurt as a
result of receiving services.
Article
36. In the event of spin-offs or mergers of the original enterprises,
consumers whose legitimate rights and interests are hurt as a result
of buying or using commodities or receiving services may seek compensation
from the enterprises which have taken over the rights and obligations
of the original enterprises following the reorganization.
Article
37. In the case of producers who hurt the legitimate rights and
interests of consumers because they provide commodities or services
using the business licences of other people in violation of the
law, the consumers may demand compensation from them or from the
holders of the business licences.
Article
38. Consumers may seek compensation from the sellers or service
providers if their legitimate rights and interests are hurt as a
result of buying commodities or receiving services at trade fairs
and sales counters operated by concessionaires. If the trade fairs
have ended or the leases on the counters have expired, the consumers
may demand compensation from the sponsors of the trade fairs or
the lessors of the counters, who in turn are entitled to seek compensation
from the sellers or service providers after making their own indemnities.
Article
39. Consumers may seek compensation from the producers if their
legitimate rights and interests are hurt because the producers use
false advertisements to provide commodities or services. If the
advertising agents run false advertisements, the consumers may request
administrative departments to mete out punishment. The advertising
agents shall be responsible for making compensation if they cannot
provide the producers' true names and addresses.
Chapter
VII. Legal Liabilities
Article
40. Unless otherwise provided for in this law, producers shall bear
civil liabilities pursuant to the "Law of the People's Republic
of China on Product Quality" and other pertinent laws and regulations
should any of the following circumstances arise in connection with
the commodities or services they provide:
(1)
Where the commodities are defective;
(2)
Where the commodities cannot function as expected and are presented
without any explanation at the time of their sale;
(3)
Where the commodity standards do not match those specified on the
commodities or their packages;
(4)
Where the quality does not match that stated in product descriptions,
on samples, or through other means;
(5)
Where the commodities are produced or sold although their elimination
has been clearly mandated by the state, or they have lost their
efficacy or undergone property changes;
(6)
Where the commodities are not sold in sufficient quantities;
(7)
Where service items and charges violate the agreements;
(8)
Where consumers' requests for repairing, reworking, replacing, or
returning the commodities; for supplying shortfalls; for refunding
the commodity prices or service charges; or for compensating for
losses are deliberately shelved or unjustifiably rejected; and
(9)
Where consumers' rights and interests are hurt in other circumstances
provided for in laws and regulations.
Article
41. Business operators who provide commodities or services and whose
products or services have caused physical injury to consumers or
other victims, shall pay for the latter's medical fees, nursing
charges during treatment period and loss of income due to absence
from work; and also - when disability results therefrom - expenses
in acquiring aiding apparatus needed by the victims, the victims'
living subsidies, disability compensations and the necessary living
expenses of the victims' dependents and - when a crime is committed
- have their criminal liabilities investigated according to law.
Article
42. Business operators who provide commodities or services and whose
products or services have caused death of the consumers or other
victims, shall pay for the latter's funeral expenses, death compensation
and the necessary living expenses of the victims' dependents and
when a crime is committed have their criminal liabilities investigated
according to law.
Article
43. Business operators who, in violation of article 25 of this law,
have infringed on the consumers' personal dignity or personal freedom
shall stop such infringements, restore the latter's reputation,
eliminate influences against the latter, offer apologies and pay
damages.
Article
44. Business operators who provide commodities or services and whose
products or services have caused damage to the consumers' properties,
shall, as demanded by the consumers, take such civil liabilities
as repair, rebuild, change, return of goods, full supply of short
items, refund of payments for goods or services and compensations
for losses. If there is an agreement between the business operators
and the consumers, the agreement should be enforced accordingly.
Article
45. With respect of sales of commodities with warranty stipulations
on repair, change, or return of goods either under state regulations
or an agreement between the business operators and the consumers,
the business operators should be responsible for the change or return
of such goods when the consumers find them not in normal working
conditions after two repairs during the warranty period.
When
the consumers demand a repair, change, or return of large commodities
under a warranty clause, the business operators should be responsible
for the transportation charges reasonably incurred.
Article
46. When business operators supply goods through mail service, they
should do so according to agreement. If they fail to fulfill the
agreement, they should, as demanded by the consumers, enforce the
agreement or refund payments and reimburse the consumers with costs
reasonably incurred.
Article
47. When business operators supply goods or services on a prepayment
basis, they should do so according to agreement. If they fail to
fulfill the agreement, they should, as demanded by the consumers,
enforce the agreement or refund prepayments, pay interest derived
therefrom and reimburse the consumers with costs reasonably incurred.
Article
48. Business operators whose commodities have been certified by
the relevant departments as substandard according to law shall accept
return of such commodities as demanded by the consumers.
Article
49. Business operators found to have committed fraud in providing
goods or services shall, as demanded, compensate the consumer with
a sum doubling what the consumers have paid for such commodities
or services.
Article
50. When business operators commit one of the acts described in
the following paragraph, the provisions of the "Law of the
People' s Republic of China on Qualities of Domestically Produced
Products" and other relevant laws and regulations concerning
the organs and methods of punishment shall apply. Where there are
no applicable provisions of laws and regulations, the department
in charge of industrial and commercial administration shall order
the business operators to rectify their acts and shall, based on
the circumstances, issue a warning, confiscate their illegal earnings
and or impose a fine at an amount equivalent to one to five times
the amount of their illegal earnings. Where there are no illegal
earnings, a fine of up to 10,000 Yuan shall be imposed. The department
in charge of industrial and commercial administration shall order
the business operators to suspend operations for rectification or
rescind their business licences if the circumstances of their offenses
are serious:
(1)
Producing or selling commodities not in conformity with the personal
and property safety requirements;
(2)
Putting impure or fake materials in the commodities, selling fake
and inferior goods as genuine and quality goods, or passing substandard
commodities as qualified ones;
(3)
Producing commodities which have been ordered stopped by the state,
or selling commodities that have expired and deteriorated in quality;
(4)
Falsifying place of production; falsifying or using other's factory
name and address; or falsifying or using certification, brand name,
and other quality marks;
(5)
Selling products that fail to go through necessary inspection and
vaccination or falsifying the result of inspection and vaccination;
(6)
Making misleading, false propaganda on commodities or service;
(7)
Deliberately procrastinate or reject without reason consumes' request
for repair, reprocessing, replacing, returning, replenishing the
commodities; their request for refund; and their request for compensation;
(8)
Infringing on consumers' personal dignity or encroaching on their
personal freedom;
(9)
Other acts that infringe on consumers' rights and interests punishable
under the provisions of laws and regulations.
Article
51. Business operators who do not agree with the administrative
penalties may, within 15 days of the receipt of the penalty decision,
petition the body at the higher level for reconsideration. Business
operators who do not agree with the decision made after reconsideration
may, within 15 days of the receipt of the decision, bring suits
at the people's court. They may also go directly to the people's
court to file suits.
Article
52. Those who obstruct, by acts or threats of violence, the performance
of duties by functionaries of relevant administrative departments
in accordance with law shall be investigated in accordance with
law to determine their criminal responsibility. Those who obstruct
or prevent functionaries of relevant administrative departments
from performing their duties in accordance with the law, without
acts or threats of violence, shall be punished in accordance with
the provisions of the "Regulations of the People's Republic
of China Governing Punishment for Offenses Against Public Order"
.
Article
53. State functionaries who are guilty of dereliction of duty or
who shelter business operators to infringe on the legitimate rights
and interests of consumers shall be given administrative penalties
by other units or the organ at the higher level; when the circumstances
of their offense are serious and constitute a crime, investigation
shall be conducted to determine their criminal responsibilities.
Chapter
VIII. Supplementary Provisions
Article
54. The purchase of capital goods by peasants for use directly in
agricultural production shall be handled with reference to this
law.
Article
55. This law shall take effect on 1st January 1994.
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