The Industry and Commerce Bureau, also known as the Administration for Industry and Commerce, is the government department in charge of market supervision and administrative law enforcement.
According to the "Notice of the State Council on Institutional Establishment" (Guofa [2008] No. 11), the State Administration for Industry and Commerce (ministerial level) was established as an agency directly under the State Council.
The main responsibilities are:
(1) Responsible for the work related to market supervision and administrative law enforcement, drafting relevant draft laws and regulations, and formulating industrial and commercial administrative regulations and policies.
(2) Responsible for the registration, supervision and management of market entities such as various enterprises, farmers' professional cooperatives, units and individuals engaged in business activities, and permanent representative offices of foreign (regional) enterprises, and responsible for investigating, punishing and banning them in accordance with the law Liability for operating without a license.
(3) Be responsible for regulating and maintaining the order of various market operations in accordance with the law, and be responsible for supervising and managing market transactions and online commodity transactions and related services.
(4) Responsible for supervising and managing the quality of commodities in the circulation field and food safety in the circulation link, organizing and carrying out consumer rights protection work in the relevant service fields, investigating and punishing counterfeiting and shoddy and other illegal activities according to the division of labor, and guiding consumers to consult, complain, Report acceptance, processing and network system construction work to protect the legitimate rights and interests of operators and consumers.
(5) Be responsible for investigating and handling illegal direct selling and pyramid selling cases, and supervise and manage direct selling enterprises, direct sellers and their direct selling activities in accordance with the law.
(6) Responsible for anti-monopoly law enforcement in the areas of monopoly agreements, abuse of market dominance, and abuse of administrative power to eliminate and restrict competition (except for price monopoly behaviors). Investigate and deal with unfair competition, commercial bribery, smuggling and other economic violations in accordance with the law.
(7) Responsible for supervising and managing brokers, brokerage institutions and brokerage activities in accordance with the law.
(8) Implement contract administrative supervision and management in accordance with the law, be responsible for managing the registration of chattel mortgages, organize, supervise and manage auctions, and investigate and deal with contract fraud and other illegal activities in accordance with the law.
(9) Guide the development of the advertising industry and be responsible for the supervision and management of advertising activities.
(10) Responsible for trademark registration and management, protecting trademark exclusive rights and investigating trademark infringements in accordance with the law, handling trademark disputes, and strengthening the identification and protection of well-known trademarks. Responsible for the registration, filing and protection of special signs and official signs.
(11) Organize and guide the credit classification management of enterprises, individual industrial and commercial households, and commodity trading markets, research and analyze and publish basic registration information of market entities, trademark registration information, etc. in accordance with the law, to provide government decision-making and the public with Information Services.
(12) Responsible for the service, supervision and management of the business activities of individual industrial and commercial households and private enterprises.
(13) Carry out international cooperation and exchanges in industrial and commercial administration.
(14) Lead the national industrial and commercial administrative work.
(15) Undertake other matters assigned by the State Council.
According to the "Notice of the Central Commission for Industry and Commerce on Adjustments to the Main Responsibilities of the Internal Organization and Staffing of the State Administration for Industry and Commerce" (Central Commission for Industry and Commerce [2013] No. 27), in July 2013, the State Administration for Industry and Commerce assumed the The food safety supervision and management responsibilities of the circulation link are assigned to the State Food and Drug Administration. :
In March 2018, the Central Committee of the Communist Party of China issued the "Plan for Deepening the Reform of Party and State Institutions", which combined the responsibilities of the State Administration for Industry and Commerce, the responsibilities of the State Administration of Quality Supervision, Inspection and Quarantine, and the State Food and Drug Administration. The responsibilities of the State Drug Administration, the price supervision and inspection and anti-monopoly law enforcement responsibilities of the National Development and Reform Commission, the anti-monopoly law enforcement on concentration of undertakings of the Ministry of Commerce, and the Office of the Anti-Monopoly Commission of the State Council were integrated to form the State Administration for Market Regulation as the State Council Directly affiliated organizations.
The main responsibilities are to be responsible for comprehensive market supervision and management, unified registration of market entities and establishment of information disclosure and sharing mechanisms, organization of comprehensive law enforcement for market supervision, responsible for unified anti-monopoly law enforcement, and standardization and maintenance of market order. , organizes and implements the strategy of strengthening the country through quality, is responsible for industrial product quality and safety, food safety, special equipment safety supervision, unified management of measurement standards, inspection and testing, certification and accreditation, etc.
Integrate the responsibilities of the State Intellectual Property Office, the trademark management responsibilities of the State Administration for Industry and Commerce, and the management responsibilities of geographical indications of origin of the General Administration of Quality Supervision, Inspection and Quarantine, and reorganize the State Intellectual Property Office, which will be led by the National Market Managed by the General Administration of Supervision and Administration.
The State Administration for Industry and Commerce, the State Administration of Quality Supervision, Inspection and Quarantine, and the State Food and Drug Administration will no longer be retained.
Integrate and establish a comprehensive law enforcement team for market supervision. Integrate law enforcement responsibilities and teams for industry and commerce, quality inspection, food, medicine, prices, trademarks, patents, etc., and form a comprehensive law enforcement team for market supervision. Guided by the State Administration for Market Regulation. Encourage local governments to integrate other law enforcement teams that directly go to the market, enter enterprises, face the grassroots and face the people, such as commercial law enforcement, salt industry law enforcement, etc., into the comprehensive market supervision law enforcement team. The law enforcement of drug operations and sales shall be uniformly undertaken by the comprehensive law enforcement teams of municipal and county market supervision.
Reference materials:
State Administration for Industry and Commerce of the People's Republic of China, main responsibilities, State Administration for Industry and Commerce of the People's Republic of China, main responsibilities
p>
State Administration for Market Regulation, the responsibilities of the General Administration, the State Administration for Market Regulation, the responsibilities of the General Administration