Unauthorized Push Of Sales Information And Accountability For China'S Proposed Legislation

On the morning of May 6th, the reporter was informed by the Legislative Affairs Office of the State Council that the "no store retail business" management method (Draft) was drafted by the Ministry of Commerce (for Trial Implementation).

(hereinafter referred to as the draft) to levy public opinion.

No shop retailing, as referred to in the draft, refers to the retail form of goods delivered directly to consumers by manufacturers or merchants without shops.

It includes TV shopping, mail order, online stores, telephone shopping and vending kiosks.

Online shops must not sell prohibited goods.

The draft is clear that retail operators should submit information on business licenses, business licenses, authorized business certificates and other licenses provided by laws and administrative regulations.

The operator provides a resident identity card, a telephone number and a place of operation for a natural person.

The relevant service providers shall verify the information provided by the retailers without retail stores, and keep photocopies for archival purposes and for future reference.

The commodities provided by the operators shall conform to the provisions of the state laws, regulations and standards.

Goods prohibited from trading by state laws and regulations shall not be traded through retail sale without shops.

The draft stipulates that retail operators and relevant service providers should properly keep personal information of consumers, do not divulge or tamper with them, do not sell them or provide them illegally.

If the relevant service providers fail to fulfil their managerial duties and cause damage to the legitimate rights and interests of consumers, they shall bear joint and several liabilities in accordance with the law.

Before selling activities, a retail shop operator shall fulfill the obligation to inform consumers in accordance with the law, and disclose in a significant manner the basic information of the operator, the information on the goods or services, the way of delivery and return, the commodity license obtained according to law, or the authorized distribution information.

No information is sent to consumers without permission.

punish

The draft stipulates that the competent department of commerce under the State Council shall, together with the competent departments such as telecommunications, press, publication, radio and television, collect the results of violations of these measures and the results of administrative penalties by retail operators and relevant service providers, establish a bad credit record and credit rating system, and realize information sharing.

If a retailer without a store violates the regulations, the commercial department may give a warning to the relevant departments and make corrections within a specified time. If the business department fails to make corrections within the time limit, the business department may, in conjunction with the competent departments of telecommunications, press, publication, radio and television, release the illegal business information to the public.

The results were included in the bad credit history of retail stores.

The relevant service violates the relevant provisions of these measures, and shall be handled by the competent departments of telecommunications, press, publication, radio and television, etc.

The results were included in the bad credit history of retail stores.

The operation behavior of retailers without retail stores and related service providers violates the laws and regulations of the consumer rights protection act, the product quality law, the food safety law, the contract law, the advertising law, the price law, the anti unfair competition law and the Internet information service management regulations, etc., which are handled by the relevant supervisory and administrative departments according to law. If a crime is constituted, criminal liability shall be investigated according to law.

In the process of supervising and managing the retail behavior of a retail shop without supervision, the staff of the supervision and management department should be punished according to the relevant laws and regulations of the state, such as dereliction of duty, abuse of power and malpractice.

The draft is clear that retail operators and relevant service providers should carry out promotional activities in accordance with relevant laws and regulations of the state.

It is strictly prohibited to exaggerate propaganda and fraud, deceive and mislead consumers.

Without retailer's consent or request, or consumers expressly refuse, no store retailer and related service providers shall send sales information to them through fixed telephone, mobile phone, short message, WeChat, e-mail, letter and other channels.

Retail operators or related service providers

The relevant information should be expressed in a clear way.

It includes promotion reasons, promotion methods, promotion rules, promotion period, promotional products and related restrictive conditions.

The restrictive conditions, additional conditions and exceptional commodities related to promotions should be marked in a marked way.

It is not necessary to reduce the quality of promotional products in any form or reason.

Any organization or individual shall have the right to report to the relevant administrative departments for violations of these measures.

After receiving relevant reports, the relevant administrative departments shall make decisions within 15 working days for those who fall within the scope of their responsibilities. If they do not fall within the scope of their duties, they shall be pferred to the relevant departments within 5 working days to deal with them according to law.

In the process of handling, the relevant management departments should keep confidential the relevant information of the informants.