(Adopted at the16th meeting of the Standing Committee of the 14th Shanghai Municipal People's Congress on October 20th, 2004)
The 16th meeting of the Standing Committee of the 14th Shanghai Municipal People's Congress has decided to make the following amendments to the Regulations of Shanghai Municipality on the Protection of Consumer Rights and Interests: 1. The first and second paragraphs of Article 5 are amended as: "Consumer organizations such as the Consumer Protection Committee are social organizations established according to law to supervise goods and services and protect the legitimate rights and interests of consumers. The Consumer Protection Committee shall perform its duties according to law and actively play its role in protecting the legitimate rights and interests of consumers. "two. Article 11 is amended as: "When purchasing and using commodities and receiving services, consumers have the right to respect their personal dignity and national customs and habits, and the right to protect personal information according to law. "3. One article is added as Article 20:" Operators who provide goods or services through the Internet, television, telephone and mail order, as well as operators who provide profit-making education and training services and financial services such as securities, insurance and banks, shall provide consumers with their business address, contact information, quantity and quality of goods or services, price or cost, time limit and method of performance, safety precautions and risk warning, after-sales service, civil liability, etc. If other business operators actually provide goods or services, they should also provide consumers with the name, business address, contact information and other information of the business operators. If there are other provisions in laws and administrative regulations on the protection of consumers' rights and interests in financial services such as securities, insurance and banks, those provisions shall prevail. " 4. Article 23 is renumbered as Article 24 and amended as: "Operators shall indicate their real names and marks in a prominent position in their business premises, home pages of websites or main pages engaged in business activities. Location, font, color, etc. The name of the operator should be easy to identify and query. Operators who rent other people's counters and venues to engage in business activities shall indicate the real names and marks of the lessor and lessee. Operators engaged in commercial franchising in other forms shall indicate the real names and marks of franchisers and franchisees. The provider of the online trading platform shall examine and register the identity information of legal persons, other economic organizations, individual industrial and commercial households or natural persons who enter the platform to sell goods or provide services, and mark the following information in a prominent position on the main page of the legal persons, other economic organizations, individual industrial and commercial households or natural persons engaged in business activities: (1) the business license and relevant license information of the legal persons, other economic organizations and individual industrial and commercial households, or the electronic link logo of the business license; (2) Proof that the examined identity information of natural persons is true and lawful. " 5. Article 24 is renumbered as Article 25 and amended as: "When providing commodities or services, business operators shall, in accordance with relevant state regulations or business practices, issue purchase vouchers and service documents such as invoices to consumers; When consumers ask for service documents such as shopping vouchers or invoices, business operators must issue them. With the consent of consumers, operators can publish in electronic form. If a consumer asks for a list of charges other than purchase vouchers and service vouchers, the operator shall issue it. " 6. Article 28 is renumbered as Article 29, and the first paragraph is amended as: "Where an operator provides goods or services by means of internet, television, telephone or mail order, it shall ensure that the quality and performance of the goods or services are consistent with the advertising, and provide the goods or services within the promised time limit." Paragraph 3 of Article 28 is deleted. 7. One article is added as Article 30: "Where an operator sells goods through the Internet, television, telephone, mail order or door-to-door sales, consumers have the right to return the goods within seven days from the date of receipt, without giving reasons, except for the following goods: (1) goods ordered by consumers; (2) Fresh and perishable; (3) Digital commodities such as audio-visual products and computer software downloaded or unpacked by consumers online; (4) newspaper delivery. For goods other than those listed in the preceding paragraph that are not suitable for return according to the nature of the goods, the business operator shall inform consumers in a significant way, set up a prompt procedure, and take measures or technical means to let consumers confirm. If it is confirmed by the consumer before the shopping settlement, it is not applicable to unreasonable return. The goods returned by consumers shall be in good condition, the business operator shall return the price paid by consumers within seven days from the date of receiving the returned goods, and the consumers shall also return the prizes, gifts or equivalent prices obtained from this consumption. The return freight is borne by the consumer; Unless otherwise agreed between the operator and the consumer, such agreement shall prevail. If the consumer opens the goods for inspection and trial use, and the goods themselves are not polluted or damaged, the goods specified in the preceding paragraph are in good condition. " Eight. Article 29 is renumbered as Article 31 and amended as: "Operators shall follow the principles of legality, justice and necessity in collecting and using consumers' personal information, clearly state the purpose, method and scope of collecting and using information, and obtain the consent of consumers. The proof of business operators' performance of express obligations and the proof of consumers' consent shall be kept for at least five years. Operators shall not require consumers to provide personal information unrelated to consumption, and shall not collect and use information in violation of the provisions of laws and regulations and the agreement of both parties. Operators should establish and improve information confidentiality and management systems, formulate emergency plans for information security incidents, ensure information security, and prevent consumers' personal information from being leaked or lost. When information leakage or loss occurs or may occur, the operator shall immediately start the emergency plan, take remedial measures, and notify consumers in time. " 9. Article 30 is renumbered as Article 32 and amended as: "Business operators shall not send commercial information to consumers without their consent or request, or if they explicitly refuse. If the consumer agrees that the business operator sends commercial information to him, unless otherwise agreed by both parties, the cost of the consumer shall not be increased. " 10. Article 31 is renumbered as Article 33 and amended as: "When selling commodities, business operators shall undertake the repair obligation for a period of not less than six months, except for low-value consumables. Commercial housing, automobiles and other commodities, if otherwise stipulated by the state and this Municipality, shall be governed by such provisions. If the goods or services provided by business operators do not meet the quality requirements, consumers may return them in accordance with the provisions of the state and the agreement of the parties concerned, or require business operators to fulfill the obligations of returning, replacing, redoing and repairing. If there is no state regulation and agreement between the parties, consumers can return the goods within seven days from the date of receipt; After seven days, consumers who meet the statutory conditions for terminating the contract can return the goods in time. If the contract does not meet the statutory conditions for termination, the operator may be required to perform the obligations of replacement, rework and repair. Where goods are returned, replaced, redone or repaired in accordance with the provisions of the preceding paragraph, the business operator shall bear the necessary expenses such as transportation. The business operator shall, within the time limit stipulated by the state or promised by the business operator, perform the obligations stipulated in the second paragraph of this article in a timely manner without delay. " Xi。 Article 32 is renumbered as Article 34 and amended as: "Where an operator provides goods or services to consumers by way of rewards or gifts on the condition that consumers purchase goods or accept services, the operator shall not be exempted from the responsibilities of returning, replacing, redoing and repairing the prizes, gifts or services awarded or donated." 12. Article 33 is renumbered as Article 35, which is amended as: "When an operator discovers that the goods or services provided by him are defective, which may endanger personal and property safety, he shall immediately report to the relevant administrative department and inform consumers, and take measures such as stopping sales, warning, recall, harmless treatment, destruction, production or service. Where recall measures are taken, the business operator shall bear the necessary expenses incurred by consumers for recalling goods. Where the relevant administrative departments find and determine that the goods or services provided by the operators are defective and endanger the personal and property safety, they shall immediately order the operators to take measures such as stopping sales, warning, recall, harmless treatment, destruction, and stopping production or services. If the Municipal Consumer Protection Committee finds that the goods or services are defective, it may make corresponding suggestions to the relevant administrative departments. " 13. One article is added as Article 37: "Where a business operator provides goods or services in advance and a consumer requests to conclude a written contract, the business operator shall conclude a written contract with the consumer, clearly stipulating the business address, contact information, quantity and quality of goods or services, price or expenses, time limit and method of performance, safety precautions and risk warning, after-sales service, civil liability, dispute resolution and other matters. The operator shall keep the relevant information about the contract and its performance, which is convenient for consumers to inquire and copy; Relevant information shall be kept for at least two years after the completion of the contract. Where relevant laws and regulations provide otherwise for advance payment management, operators shall also abide by the relevant provisions. Providing goods or services in advance, involving the issuance of prepaid cards, shall comply with the relevant provisions of the state and this Municipality. The issuance of single-use commercial prepaid cards can be supervised by means of fund management and information disclosure, and the specific management measures shall be formulated separately by the Municipal People's Government. " 14. Article 35 is changed to Article 38, and the first paragraph is amended as: "Operators and managers of commodity trading markets and lessors of counters and venues shall check the business licenses and permits of operators and lessees in the market, keep copies of them, and provide the above-mentioned true information to consumers who inquire about the operators and lessees in the market; Managers of commodity trading markets and lessors of counters and venues shall set up publicity boards in prominent positions of trading venues to publicize the names (names), operating periods (leases), business projects and other matters related to safeguarding consumers' legitimate rights and interests. " 15. One article is added as Article 39: "The franchisor of a commercial franchise shall specify the quality requirements, guarantee measures, protection of consumers' rights and interests, and compensation liabilities of the goods or services in the contract concluded with the franchisee, and strengthen the guidance and supervision of the franchisee's business activities. Franchisees should clearly indicate to consumers in the commercial franchise contract the protection of consumers' rights and interests and the liability for compensation. " Article 36 is renumbered as Article 40 and amended as: "When formulating laws, regulations and local standards to protect consumers' legitimate rights and interests, the state organs of this Municipality shall listen to the opinions of consumers and consumer rights protection committees and other organizations." Seventeen, thirty-seventh to forty-first, amended as: "the people's governments of cities, districts and counties shall strengthen their leadership in protecting the legitimate rights and interests of consumers. Industry and commerce, quality supervision, food and drug supervision, commerce, transportation, tourism, construction, housing management, education, human resources and social security, culture, film and television, sports, prices, communications, postal services, finance and other departments should listen to the opinions of consumers, accept consumer complaints within their respective functions and duties, strengthen market supervision, and protect the legitimate rights and interests of consumers. The administrative department for industry and commerce may request the people's government at the same level to organize, coordinate and urge the relevant administrative departments to do a good job in protecting the legitimate rights and interests of consumers. The administrative department for industry and commerce shall, jointly with the relevant administrative departments, set up consumer rights protection contact points (stations) in shopping malls, markets, tourist attractions, communities, schools and other areas where consumption is concentrated, carry out publicity and guidance on consumer laws and regulations and consumer knowledge, accept consumer consultation and complaints, and promote the integrity and self-discipline of operators. The district and county people's governments shall support the daily work of consumer rights protection contact points (stations). " 18. One article is added as Article 42: "The relevant administrative departments shall, within the scope of their respective functions and duties, conduct spot checks on the goods and services provided by operators on a regular or irregular basis, and announce the results of spot checks to the public through the government information websites of their own departments in a timely manner. The relevant administrative departments shall give priority to the inclusion of commodities and services involving personal health, property safety, affecting the national economy and people's livelihood and the concentration of consumer complaints in the annual spot check plan or organize spot checks in a timely manner according to needs. The results of spot checks on the use of mass media should be comprehensive and objective, and the source should be indicated. " Nineteen, fortieth is changed to forty-fifth and amended as: "The city, district and county shall set up a consumer protection committee according to law, and the members of the consumer protection committee shall be composed of representatives of consumers and representatives from all walks of life. The Municipal Consumer Protection Committee may set up professional working institutions according to the needs of the work. Other consumer organizations are established in accordance with the provisions of relevant laws and regulations. " Article 41 is renumbered as Article 46 and amended as: "The Consumer Rights Protection Committee will perform the following public welfare duties: (1) Publicize laws and regulations to protect consumers' legitimate rights and interests, carry out consumer knowledge education, provide consumers with consumer information and consulting services, and guide civilized, healthy, resource-saving and environment-friendly consumption patterns; (two) to participate in the formulation of local regulations, local government regulations and local standards related to the rights and interests of consumers; (three) to investigate, compare and analyze the quality, price, after-sales service and consumer opinions of goods and services, and to participate in the supervision and inspection of goods and services by relevant administrative departments; (four) to reflect, inquire and make suggestions to the people's governments at all levels, relevant administrative departments, operators and trade associations on issues related to the legitimate rights and interests of consumers; (five) to accept consumer complaints, investigate and mediate complaints, or put forward opinions and refer them to relevant departments and units for handling; (six) to support the injured consumers to file lawsuits and apply for arbitration for acts that harm the legitimate rights and interests of consumers; (seven) through the mass media to expose, criticize and advise acts that harm the legitimate rights and interests of consumers; (eight) to organize coordination meetings attended by consumers, operators, industry associations, professional institutions, relevant departments and other parties to study and solve emergencies involving the legitimate rights and interests of consumers; (nine) to participate in the commodity price hearing of public utilities, public welfare services and natural monopoly operations that are related to the vital interests of consumers, and to express independent opinions; (ten) to promote the settlement of cross-border consumer disputes and promote information sharing. People's governments at all levels shall give guidance, support and help to the Consumer Protection Committee in performing its duties according to law, and provide necessary financial guarantee. Twenty-one article is added as Article 49: "The Municipal Consumer Rights Protection Committee may conduct comparative tests on goods and services and publish the results. "22. One article is added as Article 51:" The Municipal Consumer Protection Committee may bring a lawsuit to the people's court according to law for acts that infringe upon the legitimate rights and interests of many consumers. If it is really difficult for the Municipal Consumer Protection Committee to collect evidence for the litigation specified in the preceding paragraph, it may request the assistance of the relevant administrative departments. "23. Article 45 is renumbered as Article 52, and the first paragraph is amended as: "Consumer Protection Committees and other consumer organizations shall not engage in commodity business or profit-making services, nor seek benefits by charging fees or other means, and recommend commodities and services to consumers." Twenty-four, change Article 47 to Article 54, and amend it to read: "Encourage operators to establish a convenient and efficient consumer complaint handling mechanism to resolve consumer disputes through consultation with consumers. The contents of the settlement agreement shall not violate the provisions of laws and regulations, and shall not harm the public interests and the legitimate rights and interests of others. "Twenty-five, change Article 49 to Article 56, and the first paragraph is amended as:" After accepting the complaint, the Consumer Protection Committee shall conduct mediation in time, and the business operators shall cooperate. Mediation should be completed within 60 days, but if both parties agree to continue mediation, the mediation period can be extended by 30 days. The third paragraph is amended as: "In the process of handling consumer complaints, the Consumer Protection Committee may terminate the handling if it finds that the consumer dispute has been accepted or mediated by other consumer organizations. Twenty-six, fiftieth to fifty-seventh, amended as: "consumers can complain to the relevant administrative departments about consumer disputes. After receiving consumer complaints, the relevant administrative departments shall handle them within seven working days and inform consumers. If both parties to a consumer dispute agree to mediation, the relevant administrative department shall organize mediation and end mediation within 60 days from the date of accepting consumer complaints. If a mediation agreement is reached, the relevant administrative department shall make a mediation document; If no mediation agreement is reached, the mediation shall be terminated. If the relevant administrative departments find that the operators have committed illegal acts, they shall make a decision according to law; If the illegal acts of business operators cause losses to consumers, the relevant administrative departments shall urge business operators to bear civil liabilities such as compensation for losses to consumers according to law. "27. Article 52 is renumbered as Article 59 and amended as:" When a consumer complains to the Consumer Protection Committee or the relevant administrative department, he shall provide his real name and contact information, the name and address of the respondent, and put forward clear complaint requirements, reasons and relevant factual basis. If the Consumer Protection Committee or the relevant administrative department mediates, the consumer shall provide identification, physical objects, purchase vouchers, service vouchers and other evidence that can prove the consumption relationship. "Twenty-eight, Article 53 is changed to Article 60, which is amended as:" If there is a need for testing and appraisal due to disputes over the quality of goods or services, consumers and business operators may agree on the institutions or units for testing and appraisal; If there is no agreement, the Consumer Protection Committee or the administrative department that accepts consumer complaints will entrust or designate a qualified inspection agency or appraisal organization to conduct inspection and appraisal. The inspection and appraisal fee shall be paid in advance by the operator, and the consumer shall provide an equal amount of guarantee, which shall be ultimately borne by the responsible party; If the responsibility is not clear, it shall be shared by both parties. Where laws and administrative regulations provide otherwise, such provisions shall prevail. If the Consumer Protection Committee or the relevant administrative department needs to conduct testing and appraisal when handling consumer complaints, the relevant inspection agency or appraisal organization shall accept it and issue a testing and appraisal report truthfully; If it cannot be detected or identified, the relevant inspection institution or identification organization unit shall explain the reasons. "29. Article 55 is renumbered as Article 62, which is amended as:" If a business operator commits fraud in providing goods or services, it shall increase the compensation for the losses it has suffered according to the requirements of consumers, and the amount of compensation shall be three times the price of goods purchased by consumers or the cost of receiving services; If the amount of additional compensation is less than that of 500 yuan, it shall be 500 yuan. Where there are other provisions in the law, those provisions shall prevail. Where a business operator knowingly provides goods or services to consumers, causing death or serious damage to the health of consumers or other victims, the victims have the right to demand compensation from the business operator in accordance with the provisions of Articles 49 and 51 of the Law of People's Republic of China (PRC) on the Protection of Consumer Rights and Interests, and have the right to demand punitive damages less than twice the losses suffered. "30. Article 57 is renumbered as Article 63 and Article 64, and is amended as:" Article 63 Where an operator is under any of the following circumstances, and other relevant laws and regulations have stipulated the organ of administrative punishment, the type and scope of punishment, it shall be implemented in accordance with the provisions of laws and regulations; If there are no provisions in laws and regulations, the administrative department for industry and commerce shall order it to make corrections, and may impose a warning or a fine of less than 50,000 yuan according to the circumstances; If the circumstances are serious, it shall be ordered to suspend business for rectification: (1) failing to set up service marks in accordance with the provisions of the third paragraph of Article 21 of these regulations; (two) in violation of the provisions of article twenty-fourth, not in accordance with the provisions of the real name and logo; (three) in violation of the provisions of the first paragraph of article twenty-fifth, not in accordance with the provisions of the purchase of vouchers or service documents; (four) in violation of the provisions of the second paragraph of article twenty-ninth, without the consent of consumers or without providing the required documents for door-to-door sales; (five) in violation of the provisions of the second paragraph of Article 32 of these regulations, sending commercial information without the consent of consumers, increasing the cost of consumers. " "Sixty-fourth operators have one of the following circumstances, and other relevant laws and regulations have other provisions on administrative punishment organs and the types and extent of punishment, which shall be implemented in accordance with the provisions of laws and regulations; If there are no provisions in laws and regulations, the administrative department for industry and commerce shall order it to make corrections, and may give a single warning according to the circumstances, confiscate the illegal income and impose a fine of more than 3 times and less than 5 times the illegal income. If there is no illegal income or the illegal income cannot be calculated, a fine of100000 yuan shall be imposed; If the circumstances are serious, it shall be ordered to suspend business for rectification: (1) providing goods or services by fraudulent means in violation of the provisions of Article 23 of these regulations, thus infringing upon the legitimate rights and interests of consumers; (two) in violation of the provisions of article twenty-sixth, forcing consumers to buy goods or accept services; (three) in violation of the provisions of the second paragraph of article twenty-seventh, commodity shortage or packaging weight as the basis for commodity pricing; (four) in violation of the provisions of the first paragraph of article thirty-sixth, unable to provide documents to prove the source of goods. "3 1. One article is added as Article 65:" Where an operator violates the provisions of the first and second paragraphs of Article 31 of these Regulations, in addition to bearing corresponding civil liabilities according to law, the administrative department for industry and commerce or relevant administrative departments shall punish him according to relevant laws and regulations; If a crime is constituted, criminal responsibility shall be investigated according to law. "32. One article is added as Article 66:" In violation of the provisions of the first paragraph of Article 38 of these Regulations, the operators and managers of commodity trading markets and lessors of counters and venues failed to verify the business licenses and licenses of the operators and lessees in the venue, or failed to keep copies, so that they could not provide real information to consumers who inquired about the operators and lessees in the venue. Or failing to publicize matters related to safeguarding consumers' legitimate rights and interests, such as name (shop name), term of operation (lease) and business projects, etc., the administrative department for industry and commerce shall order it to make corrections, and may, according to the circumstances, impose a single punishment or a warning, confiscate the illegal income, and impose a fine of more than/kloc-0 and less than 5 times the illegal income. If there is no illegal income or the illegal income cannot be calculated, a fine of less than 10 million yuan shall be imposed. " 33. One article is added as Article 67: "Where an operator falls under any of the circumstances stipulated in Articles 63, 64, 65 and 66 of these Regulations, in addition to being punished in accordance with the provisions of laws and regulations, the punishment organ shall record the illegal operator's administrative punishment information in the credit file, announce it to the public through the enterprise credit information publicity system, and collect it into the municipal public credit information service platform. Where an operator violates the provisions of the first paragraph of Article 28 of these regulations and fails to inform consumers in advance to stop providing goods or services and make proper arrangements, thus causing damage to consumers, the relevant administrative department shall record it in the credit file, announce it to the public through the enterprise credit information publicity system and incorporate it into the municipal public credit information service platform. Among them, if it involves commercial franchising, it should be recorded in the credit files of the franchisor and the franchisee at the same time. " 34. Other amendments: (1) The "consumer association" in this Ordinance is changed to the "Consumer Protection Committee", hereinafter referred to as the "Consumer Protection Committee"; (2) The term "social organization" in Article 13 is changed to "social organization". In addition, the order of some clauses should be adjusted accordingly. This decision shall come into force on March 15, 1965. The Regulations of Shanghai Municipality on the Protection of Consumers' Rights and Interests shall be revised and re-promulgated according to this decision.