(2019165438+1promulgated by Decree No.20 of the State Administration of Market Supervision on October 30th)
Article 1 In order to standardize the handling of complaints and reports in market supervision and management and protect the legitimate rights and interests of natural persons, legal persons or other organizations, these Measures are formulated in accordance with the Law of People's Republic of China (PRC) on the Protection of Consumer Rights and Interests and other laws and administrative regulations.
Article 2 These Measures shall apply to the handling of complaints and reports by market supervision and management departments.
Article 3 The term "complaint" as mentioned in these Measures refers to the behavior of consumers who purchase or use commodities or accept services due to their daily consumption needs, and who have disputes over their rights and interests with business operators and request the market supervision and management department to resolve the disputes.
The term "reporting" as mentioned in these Measures refers to the behavior of natural persons, legal persons or other organizations reporting to the market supervision and management department that operators are suspected of violating the laws, regulations and rules of market supervision and management.
Article 4 The State Administration of Market Supervision shall be in charge of the national complaints and reports, and guide the local market supervision and management departments to report complaints and reports.
Local market supervision and management departments at or above the county level shall be responsible for handling complaints and reports within their respective administrative areas.
Article 5 When handling complaints and reports, the market supervision and management department shall follow the principle of fairness and efficiency, and ensure that the application basis is correct and the procedures are legal.
Article 6 The public and the news media are encouraged to conduct social supervision and public opinion supervision on acts suspected of violating the laws, regulations and rules of market supervision and management according to law.
Encourage consumers to negotiate with operators to resolve consumer rights disputes through online consumer dispute resolution mechanisms, consumer rights protection service stations, green channels for consumer rights protection, and third-party dispute resolution mechanisms.
Article 7 Where complaints and reports are submitted to the market supervision and management department at the same time, or the materials provided contain both complaints and reports, the market supervision and management department shall handle the complaints and reports separately according to the procedures stipulated in these Measures.
Article 8 Complaints and reports to the market supervision and management departments shall be made through the Internet, telephone, fax, mailing address, window and other channels for accepting complaints and reports announced by the market supervision and management departments.
Article 9 A complaint shall provide the following materials:
(1) The name, telephone number and mailing address of the complainant;
(2) The name and address of the respondent;
(3) Specific complaint requests and facts of consumer rights disputes.
If the complainant complains in a non-written way, the staff of the market supervision and management department shall record the information specified in the preceding paragraph.
Tenth complaints on behalf of others, in addition to providing the materials stipulated in the first paragraph of Article 9 of these measures, it should also provide the original power of attorney and the identity certificate of the trustee.
The power of attorney shall specify the entrusted matters, authority and time limit, and shall be signed by the client.
Article 11 If there are more than two complainants who complain about the same operator based on the same consumer rights dispute, the market supervision and management department may handle the same complaint with the consent of the complainants.
* * * The complainant can choose two representatives to make a complaint in writing. The representative's complaint behavior is valid for the complainant he represents, but if the representative changes, abandons the complaint request or reaches a mediation agreement, it shall be agreed by the represented complainant.
Twelfth complaints by the respondent's actual business premises or domicile of the county market supervision and management departments to accept.
Complaints against e-commerce platform operators and e-commerce operators who sell goods or provide services through self-built websites and other network services shall be handled by the market supervision and management department at the county level where they live. Complaints against the operators in the platform shall be handled by the county-level market supervision and management department at the actual place of operation or the place where the platform operators live.
If the superior market supervision and management department deems it necessary, it may handle the complaints received by the subordinate market supervision and management department. If the lower-level market supervision and management department thinks that the complaint accepted by the administrative organ needs to be handled by the higher-level market supervision and management department, it may report it to the higher-level market supervision and management department for decision.
Thirteenth complaints about the same consumer rights dispute, more than two market supervision and management departments have the right to deal with, by the market supervision and management department that received the complaint first.
Article 14 The market supervision and management department with the handling authority as stipulated in these Measures shall make a decision on acceptance or rejection within seven working days from the date of receiving the complaint, and inform the complainant.
Fifteenth complaints in any of the following circumstances, the market supervision and management department will not accept:
(a) the complaint is not within the scope of responsibility of the market supervision and management department, or the administrative organ has no right to handle it;
(2) The court, arbitration institution, market supervision and management department or other administrative organ, consumer association or other mediation organization established according to law has accepted or handled the same consumer rights dispute;
(3) Not buying or using commodities or receiving services for daily consumption, or failing to prove that there is a dispute between the consumer and the respondent;
(4) Unless otherwise provided by law, the complainant knows or should know that his rights and interests have been infringed by the respondent for more than three years;
(5) failing to provide the materials specified in the first paragraph of Article 9 and Article 10 of these Measures;
(six) other circumstances that are not accepted by laws, regulations and rules.
Article 16 With the consent of the complainant and the respondent, the market supervision and management department may mediate and handle the complaint, but if there are other provisions in laws and regulations, those provisions shall prevail.
Encourage the complainant and the respondent to negotiate on an equal footing and settle on their own.
Seventeenth market supervision and management departments may entrust consumers' associations or other mediation organizations established according to law to mediate on their behalf.
The entrusted unit conducts mediation in the name of the entrusted market supervision and management department within the scope of entrustment, and may not entrust other organizations or individuals.
Eighteenth mediation can take the form of on-site mediation, but also can take the Internet, telephone, audio, video and other off-site mediation.
If on-site mediation is adopted, the market supervision and management department or the unit entrusted by it shall inform the complainant and the respondent of the time, place and mediator of mediation in advance.
Nineteenth mediation shall be presided over by the staff of the market supervision and management department or its entrusted unit, and relevant personnel may be invited to assist if necessary.
If the mediator is a close relative of the complainant or the respondent or has other interests, which may affect the fair handling of the complaint, he shall withdraw. If the complainant or the respondent applies for the withdrawal of the mediator, the market supervision and management department shall suspend the mediation and make a decision on whether to withdraw.
Article 20 Where verification, inspection, testing and appraisal are necessary, the complainant and the respondent shall entrust a technical institution with corresponding conditions to undertake it after reaching an agreement through consultation.
Unless otherwise stipulated by laws and regulations, the fees for verification, inspection, testing and appraisal shall be borne by the complainant and the respondent through consultation.
The time required for verification, inspection, testing and appraisal is not counted in the mediation period.
Twenty-first in any of the following circumstances, mediation shall be terminated:
(a) the complainant withdraws his complaint or the parties reach a settlement by themselves;
(two) the complainant and the respondent can not reach an agreement on the technical institutions or fees entrusted to undertake the verification, inspection, testing and appraisal work;
(three) the complainant or the respondent does not participate in mediation without justifiable reasons, or the respondent explicitly refuses to mediate;
(four) after mediation, the complainant or the respondent clearly stated that the mediation agreement could not be reached;
(five) the complainant and the respondent failed to reach a mediation agreement within forty-five working days from the date of accepting the complaint;
(six) after accepting the complaint, the market supervision and management department finds that there are circumstances stipulated in Article 15 of these Measures;
(seven) other circumstances in which the mediation should be terminated as stipulated by laws, regulations and rules.
If the mediation is terminated, the market supervision and management department shall inform the complainant and the respondent within seven working days from the date of making the decision to terminate the mediation.
Article 22 If a mediation agreement is reached through on-site mediation, the market supervision and management department shall make a mediation agreement, unless the mediation agreement has been immediately performed or both parties agree not to make a mediation agreement. The conciliation statement shall be signed or sealed by both the complainant and the respondent, and stamped with the seal of the market supervision and administration department, and submitted to the complainant and the respondent respectively, and the market supervision and administration department shall keep one copy for the record.
If no conciliation statement is made, the market supervision and management department shall make a conciliation record for future reference.
Article 23 If the market supervision and management department finds clues suspected of violating the laws, regulations and rules of market supervision and management during mediation, it shall check them within 15 working days from the date of discovery and handle them in accordance with the relevant provisions on administrative punishment of market supervision and management. Under special circumstances, the time limit for verification may be extended by fifteen working days. Where laws, regulations and rules provide otherwise, such provisions shall prevail.
Mediation of disputes over consumers' rights and interests does not exempt operators from other legal responsibilities they should bear according to law.
Twenty-fourth informants should provide specific clues suspected of violating the laws, regulations and rules of market supervision and management, and be responsible for the authenticity of the report. Informants who report in a non-written way shall be recorded by the staff of the market supervision and management department.
Encourage operators' internal personnel to report operators' alleged violations of market supervision and management laws, regulations and rules according to law.
Twenty-fifth reports shall be handled by the market supervision and management department at or above the county level where the reported behavior occurs. Where laws and administrative regulations provide otherwise, such provisions shall prevail.
Article 26 The dispatched offices of the county-level market supervision and management departments shall handle reports in the name of the county-level market supervision and management departments within the scope of authority determined by the county-level market supervision and management departments, except those authorized by laws, regulations and rules to do so in the name of the dispatched offices.
Twenty-seventh reports to e-commerce platform operators and e-commerce operators who sell goods or provide services through self-built websites and other network services shall be handled by the market supervision and management departments at or above the county level where they live.
Reports from operators in the platform shall be handled by the market supervision and management departments at or above the county level where they actually operate. If the market supervision and management department at or above the county level in the domicile of the e-commerce platform operator receives the report first, it may also handle it.
Twenty-eighth reports of illegal advertisements published by radio, film, television, newspapers, periodicals, the Internet and other mass media shall be handled by the market supervision and management department where the advertisement publisher is located. If it is difficult for the market supervision and administration department where the advertisement publisher is located to handle the reports of advertisers and advertising operators in different places, it may transfer the reports of advertisers and advertising operators to the market supervision and administration department where the advertisers and advertising operators are located for handling.
If the market supervision and management department where the advertiser is located or where the advertising operator is located receives the report first, it may also handle it.
Reports of illegal Internet advertisements published by advertisers themselves shall be handled by the market supervision and management department where the advertisers are located.
Twenty-ninth received a report of the market supervision and management departments have no right to deal with, it shall inform the informants directly to the market supervision and management departments have the right to deal with.
Thirtieth more than two market supervision and management departments for handling authority disputes, should be resolved through consultation within seven working days from the date of the dispute; If negotiation fails, it shall be reported to the market supervision and management department at the next higher level in conjunction with the designated handling organ.
Thirty-first market supervision and management departments shall handle reports in accordance with the relevant provisions of administrative penalties for market supervision and management.
If the informant reports with his real name, the market supervision and management department with the authority to handle the case shall also inform the informant within five working days from the date of making a decision on whether to file a case.
Thirty-second laws, regulations, rules and regulations, the market supervision and management department shall inform the informants or give rewards for the report processing results, the market supervision and management department shall inform or give rewards.
Article 33 The market supervision and management department shall keep confidential the information of the informer, and shall not disclose the personal information of the informer and the handling of the report to the informer or persons unrelated to the handling of the report, except that the materials provided include both complaints and reports, and it is necessary to provide the informer with the information needed for organizing mediation.
Thirty-fourth market supervision and management departments should strengthen the statistics, analysis and application of complaints and reports within their respective administrative areas, regularly publish statistical analysis reports on complaints and reports, and publish consumer complaint information according to law.
Thirty-fifth market supervision and management departments shall strictly keep confidential the state secrets they know during the handling of complaints and reports and the information that may endanger national security, public security, economic security and social stability after disclosure.
Involving business secrets, personal privacy and other information. If it is really necessary to make it public, it shall be implemented in accordance with the regulations of People's Republic of China (PRC) Municipality on information disclosure and other relevant provisions.
Article 36 The market supervision and management department shall unblock the complaint reporting channels such as national platform 123 15, special telephone 123 15, and implement unified complaint reporting data standards and user rules, so as to realize the integration of national complaint reporting information.
Article 37 The local market supervision and administration departments at or above the county level shall accept complaints and reports in a unified manner, and shall promptly distribute them to the market supervision and administration departments at lower levels or the relevant institutions of the market supervision and administration departments at the same level with handling authority for handling.
Relevant institutions of the market supervision and management departments at the same level shall handle complaints and reports in a timely manner in accordance with the relevant provisions of these Measures. Have no right to deal with, it should be timely feedback to the unified handling of complaints and reports, and shall not be transferred by itself.
Thirty-eighth market supervision and management departments in accordance with the law to deal with other complaints except those stipulated in Article 3 of these measures, can refer to these measures.
Reporting suspected violations of the Anti-Monopoly Law of the People's Republic of China shall be carried out in accordance with the special provisions of the State Administration of Market Supervision. Where there are no provisions in the special provisions, these measures may be implemented with reference.
These Measures shall apply to the handling of complaints and reports by pharmaceutical supervisory and administrative departments and intellectual property administrative departments, except as otherwise provided by laws and regulations.
Article 39 Where a natural person, legal person or other organization reports that a state organ, institution, social organization acting as a government function or other organization collects administrative fees, it shall be handled in accordance with the relevant provisions of the Regulations on Letters and Visits.
These Measures shall not apply to complaints against discipline inspection and supervision in the form of consultation, application for government information disclosure, application for administrative reconsideration, letters and visits, complaints and reports, and the market supervision and management department may inform them to submit them through corresponding channels.
Article 40 These Measures shall come into force as of June 65438+1October 65438+1October 2020. 1Measures for Handling Product Quality Complaints promulgated by Order No.51of the former State Bureau of Quality and Technical Supervision on March 2, 998, Measures for Handling Consumer Complaints of the Administration for Industry and Commerce promulgated by Order No.62 of the former State Administration for Industry and Commerce on February 4, 20 16.