Tentative Measures for Administration of Online Commodity Trade and Related Service Activities
Tentative Measures for Administration of Online Commodity Trade and Related Service Activities
Tentative Measures for Administration of Online Commodity Trade and Related Service Activities
Order of the State Administration for Industry and Commerce No. 49
May 31, 2010
The Tentative Measures for Administration of Online Commodity Trade and Related Service Activities ("Measures"), which were deliberated and adopted at the executive meeting of the State Administration for Industry and Commerce, are hereby promulgated and shall come into effect as of July 1, 2010.
Director: Zhou Bohua
Tentative Measures for Administration of Online Commodity Trade and Related Service Activities
Chapter I General Provisions
Article 1 For the purposes of regulating online commodity trade and relevant service activities, protecting consumers' and operators' legal rights and interests, and promoting the sustainable and sound development of online economy, these Measures are formulated in accordance with the Contract Law, the Tort Law, the Law on the Protection of Consumer Rights and Interests, the Product Quality Law, the Anti-Unfair Competition Law, the Trademark Law, the Advertising Law, the Food Safety Law, the Law on Electronic Signatures and other laws and regulations.
Article 2 Engagement in online commodity trade and relevant service activities within the territory of the People's Republic of China by online commodity operators and online service operators shall comply with laws and regulations of the People's Republic of China and the provisions hereof.
Article 3 For the purpose of these Measures, "online commodity operators" means legal persons, other economic organizations and natural persons that sell commodities through the Internet.
For the purpose of these Measures, "online service operators" means legal persons, other economic organizations and natural persons that provide relevant commercial services through the Internet and website operators that provide platform services for online trade.
Article 4 Administration authorities for industry and commerce shall encourage and support development of online commodity trade and relevant service activities and implement more active policies to promote development of online economy. Overall quality and market competitiveness of online commodity operators and online service operators shall be improved, and the role of online economy to promote national economic and social development shall be brought to play.
Article 5 Administration authorities for industry and commerce shall provide a fair, impartial, normative and orderly market environment for online commodity trade and relevant service activities, advocate and build up a faithful market air and protect consumers' and operators' legal rights and interests in line with their functions.
Article 6 Online commodity operators and online service operators shall not infringe on the state and public interests during online commodity trade and relevant service activities and consumers' legal rights and interests.
Article 7 Online commodity operators and online service operators shall abide by the principles of honesty and trustworthiness in online commodity trade and relevant service activities, and shall observe publicly-accepted business ethics.
Article 8 Online commodity operators and online service operators shall comply with the principles of fairness, justice and voluntariness in online commodity trade and relevant service activities, maintain the state interests and assume social responsibilities.
Article 9 Online commodity operators and online service operators are encouraged and supported to set up industrial association, build up online faith system so as to strengthen self-discipline and promote construction of industrial credit.
Chapter II Obligations of Online Commodity Operators and Online Service Operators
Article 10 Where any legal person, other economic organization or privately or individually-owned business that has registered with the administration authority for industry and commerce and collected business license, engages in commodity trade and related service activities through the Internet, it shall disclose information indicated in the business license or electronic linkage identifier of the said business license at a notable position of the homepage of its website or the web-page used to engage in commercial activities.
Any natural person, who engages in commodity trade and relevant service activities through the Internet, shall file an application to the operator providing platform services for online trade and provide his/her name, address and other authentic identity information.
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