The competent commercial departments of all provinces, autonomous regions, municipalities directly under the Central Government, cities under separate state planning and Xinjiang Production and Construction Corps:
In order to further implement the Opinions of the State Council on Promoting the Development of Circulation Industry (Guo Fa [2005] 19) and the Opinions of General Office of the State Council on Accelerating the Development of E-commerce (Guo Ban Fa [2005] No.2), combined with the new situation of China's e-commerce development, we hereby put forward the following opinions on promoting the standardized development of e-commerce:
First, fully understand the significance of promoting the development of e-commerce norms
With the progress of information technology and the popularity of the Internet, China's e-commerce has developed rapidly and continuously, playing an increasingly important role in prospering the domestic market, expanding residents' consumption, reducing logistics costs and improving circulation efficiency. At the same time, the development of e-commerce in China is still in its infancy, the overall application level is low, the trading environment needs to be improved, the public's cognition and recognition of e-commerce needs to be improved, and the behavior of e-commerce information disclosure, fund payment and commodity delivery needs to be standardized. Therefore, promoting the standardized development of e-commerce and guiding participants to standardize various market behaviors are the objective needs of preventing market risks, resolving trade contradictions and promoting the healthy development of e-commerce, and also the inevitable requirements of implementing Scientific Outlook on Development and building a harmonious socialist society.
Second, standardize the information dissemination behavior of e-commerce and optimize the online trading environment.
Standardize the information release and transmission behavior of all parties in online transactions, and improve the legitimacy, security, authenticity, integrity, timeliness and convenience of all kinds of business information.
(1) Standardizing the contents of e-commerce information release. Advocate the true identity of online transactions, guide the parties to the transaction to truthfully announce the information of goods and services, save the transaction record information, and declare the risk information that is difficult to confirm and unpredictable. Prevent and stop the trading parties from publishing the trading information of dangerous chemicals, guns, drugs and other contraband goods and illegal services such as pornography on the Internet.
(2) Standardize the mode of e-commerce information dissemination. Guide enterprises to legally use the network server platform, e-mail, online advertising, search engine promotion and other ways to publish and transmit business information. Prevent and stop malicious links, harassing emails, hiding online advertisements and other improper publicity methods.
(3) Maintaining the security of transaction information. Guide e-commerce enterprises to establish and improve the network and information security system, take effective website security measures, enterprise information security measures and user information security measures, and prevent and stop the use of the Internet to steal business secrets and provide user information to third parties for profit.
(four) to ensure the effective dissemination of information. Encourage e-commerce enterprises to provide convenient and updated information services, prevent and stop acts that hinder consumers from inquiring about commodity information and freely choosing commodities, and ensure timely and smooth information exchange between merchants and customers.
(5) Combating fraud in the field of e-commerce. Cooperate with relevant departments to crack down on false propaganda and quality fraud in e-commerce activities. With the help of various channels, resources and strength, we will prevent and stop using the Internet to publish false or incomplete information, deceive or mislead consumers, and ensure the truthfulness and accuracy of trading information such as the quality, performance, specifications and prices of goods (services).
Third, standardize e-commerce transactions and promote the harmonious and orderly online market.
Advocate legal, standardized, fair and just network marketing, electronic signing and after-sales service, and prevent and solve all kinds of transaction disputes in e-commerce.
(a) standardize user registration and membership development behavior. Guide e-commerce enterprises to attract users to register and develop members in a legal, open and transparent way, prevent and stop developing members on the premise of charging high fees or buying goods, and put an end to pyramid schemes using the Internet as a covert means. Encourage third-party trading platform providers to provide online shop opening services on the condition of real-name registration, establish trading security and backup systems, and discover and promptly warn trading risks.
(2) standardize all kinds of online promotion activities. When guiding e-commerce enterprises to carry out online promotion activities, publicly publish promotional contents such as promotion methods, rules, time limit, commodity scope and related restrictive conditions on the website. Prevent and stop online discount promotion, online gift promotion, integral promotion, online click lottery, online joint promotion, fictitious original price, inconsistent materials, delayed gift, behind-the-scenes operation and other phenomena.
(3) standardize the signing of electronic contracts. Guide e-commerce enterprises to formulate legal and fair user agreements, determine the rights and obligations with users, and ensure that users can read the contents of the agreements conveniently and completely before accepting them. Prevent and stop illegal means such as fraud and malicious collusion to facilitate the signing of the agreement. Encourage enterprises to notify users in an effective way in advance when modifying the user agreement, and indicate the reasons and contents of the modification.
(four) regulate the online auction business behavior. Standardize the business behavior of online auctioneers and trading platform service providers, guide operators to abide by auction law and relevant laws and regulations, accurately, clearly and completely express auction targets, and formulate fair and reasonable online auction rules and regulations.
(5) Standardizing the after-sales service behavior of e-commerce. Guide e-commerce enterprises to establish and improve, publicly release and strictly implement after-sales service and exchange and return system. Prevent and stop enterprises from evading after-sales responsibility, delaying replacement and refusing to accept returns, and safeguard the legitimate rights and interests of online shopping consumers.
Fourth, standardize the behavior of electronic payment to ensure the safety of capital flow.
Advocate legal, standardized, safe and secure electronic payment to prevent fund settlement and circulation risks in e-commerce.
(a) regulate the electronic payment behavior between the parties. Enhance the payment safety awareness of the participants in the transaction, and standardize electronic payment behaviors such as online payment, telephone payment and mobile payment. Guide enterprises to take effective technical and management measures to ensure the security of payment passwords and financial data, form a reliable and convenient online fund settlement system, reduce settlement costs and payment fees, and improve the efficiency of capital turnover.
(two) regulate the behavior of third-party electronic payment services. Strengthen industry self-discipline, advocate legal operation, and guard against the risks of electronic payment transaction services. Guide the electronic payment industry to standardize management, establish business credit records, transaction data preservation, internal information encryption and business process supervision systems, adopt effective dispute and error handling methods, and form technical and institutional guarantees for payment security. Guide third-party electronic payment service institutions to improve the reputation of the industry, operate prudently and steadily, prevent blind expansion and disorderly competition, and ensure the safety of users' funds.
(three) to prevent financial risks of electronic payment. Standardize the non-bank financial services of electronic payment to prevent illegal financial transactions on the Internet. Strengthen the liquidity management of deposited funds, and prevent and stop malicious seizure of funds, illegal cash withdrawal and transfer of funds, illegal financing and other acts by means of electronic payment. Cooperate with finance, public security, industry and commerce and other relevant departments to study the legality, security and unified market of virtual currency in electronic payment, and standardize the circulation order of virtual currency.
Five, standardize the behavior of e-commerce commodity distribution, improve the logistics support system.
Standardize and improve the commodity distribution behavior of e-commerce enterprises, and improve the accuracy and timeliness of logistics services.
(a) regulate the behavior of commodity distribution. Encourage e-commerce enterprises to publish delivery information in real time through website information inquiry, email reminder, telephone notification and other effective ways, and clarify the delivery method and time. Guide e-commerce enterprises to strictly abide by commodity orders and transaction agreements, and prevent and stop delivery delays, physical discrepancies, and overcharged freight. We advocate that e-commerce enterprises should take the initiative to negotiate remedial measures with buyers in time to protect consumers' right to know and choose when the delivery of goods is affected by unforeseen and uncontrollable circumstances.
(2) improve the ability of commodity distribution. Establish and improve the logistics distribution system to meet the needs of e-commerce, promote the combination of logistics distribution information system and e-commerce, give full play to the advantages of information technology, tap the potential of social storage and transportation resources, and improve the efficiency of logistics information collection, analysis, integration and scheduling and the actual loading rate of logistics transportation. Guide and encourage enterprises to carry out the construction of third-party logistics service platform, gradually establish socialized and specialized logistics distribution institutions for network operators, form a logistics distribution network system covering all industries, and improve response ability and distribution efficiency.
Safeguard measures for intransitive verbs to promote the development of e-commerce norms
(1) Strengthen publicity and guidance to the public. Actively use various channels, give full play to the propaganda and guidance role of mainstream media, and form an effective publicity and guidance mechanism for e-commerce. Organize various forms of e-commerce publicity and popularization activities to further enhance the public's awareness of e-commerce and enhance their awareness of participation and risk prevention. Illegal enterprises and behaviors in the field of e-commerce shall be banned and exposed in a timely manner according to law.
(2) Promote the construction of e-commerce legal policy system. In view of the new situation, new features and new problems arising from the combination of information technology and traditional circulation methods, we will promote the implementation of relevant laws and regulations such as the electronic signature law, the contract law, the measures for the administration of Internet information services, and the guiding opinions of the Ministry of Commerce on online transactions in the field of e-commerce (provisional), and optimize the legal and policy environment for the development of e-commerce.
(3) Establish and improve the e-commerce standard system. Organize and support industry associations, enterprises and scientific research institutions to study and formulate various technical standards, management and service specifications for e-commerce, and establish and improve the national standards and industry standards system for e-commerce. Guide enterprises to enhance standardization awareness and actively carry out standardization construction of e-commerce technology and management.
(4) Accelerate the construction of e-commerce credit system. Government supervision, industry self-discipline and mass supervision should be combined to establish and improve the credit system of e-commerce. Encourage enterprises and trade associations to actively participate in the establishment of scientific, reasonable, authoritative and fair credit service institutions. Incorporate the credit information of both parties to e-commerce transactions into the credit information system in the business field, gradually establish a unified national e-commerce credit information resource sharing mechanism, realize the dynamic collection, processing and exchange of credit data, and form an effective credit supervision and restraint mechanism for enterprises and individuals.
Seven, strengthen organizational leadership
(1) Establish and improve the organizational structure and working mechanism. Local commercial departments at all levels should establish an organizational guarantee system and working mechanism to promote the standardized development of e-commerce, clarify the division of responsibilities, and implement the objectives and tasks. Closely combined with local and industry reality, study and formulate implementation plans and supporting measures to promote the development of e-commerce norms in the region. Formulate statistical analysis standards for e-commerce, establish a research mechanism for e-commerce application performance and a contact mechanism for key enterprises, strengthen publicity, support and normative guidance for e-commerce enterprises, ensure that all measures are implemented, and promote the sound and rapid development of e-commerce in China.
(2) Give play to the demonstration and guiding role of key enterprises. Promote the development of e-commerce backbone enterprises and promote the standardized development of the whole industry. Conduct e-commerce standardization level assessment, study and sort out mature operation modes and excellent solutions of key enterprises with significant representation, and exchange and promote good experiences and practices in e-commerce development.
(3) Promote the standardized development of small and medium-sized e-commerce enterprises. Improve the awareness of standardized development of small and medium-sized e-commerce enterprises, encourage fair competition among enterprises, and promote small and medium-sized e-commerce enterprises to improve their management level and standardize market behavior. Encourage small and medium-sized e-commerce enterprises to develop community convenience services and improve the networking and informatization level of community business services.
(D) Pay attention to and play the role of intermediary organizations. Give full play to the role of e-commerce intermediary organizations and industry associations, strengthen industry self-discipline, do a good job in information service and policy guidance, help e-commerce enterprises solve practical difficulties and problems, and promote the healthy development of e-commerce in China.
(5) Strengthen the training of e-commerce talents. Strengthen cooperation with relevant universities and scientific research institutions, promote the theoretical research of e-commerce, and do a good job in the construction of discipline system. Encourage enterprises to cultivate technical and management talents to meet the needs of e-commerce R&D, application and promotion. Actively carry out e-commerce domestic training and international exchanges, improve the quality of managers, and establish and improve a professional e-commerce management talent team.
People's Republic of China Ministry of Commerce
20071February 13 press release