Decision of the State Council on Amendments to the Provisions on Administrative Sanctions Against Price-related Illegal Activities
Decision of the State Council on Amendments to the Provisions on Administrative Sanctions Against Price-related Illegal Activities
Decision of the State Council on Amendments to the Provisions on Administrative Sanctions Against Price-related Illegal Activities
Order of the State Council No. 585
December 4, 2010
The Decision of the State Council on Amendments to the Provisions on Administrative Sanctions Against Price-related Illegal Activities, which was adopted at the 134th executive meeting of the State Council on November 29, 2010, is hereby promulgated and shall come into effect on the date of promulgation.
Premier, Wen Jiabao
Decision of the State Council on Amendments to the Provisions on Administrative Sanctions Against Price-related Illegal Activities
The State Council decides to make the following amendments to the Provisions on Administrative Sanctions Against Price-related Illegal Activities:
Article 1 Article 1 shall be amended to be: "For the purposes of legally penalizing price-related violation of laws, maintaining a normal price order and protecting the legal rights and interests of consumers and business operators, these Rules are formulated in accordance with relevant provisions of the Pricing Law of the People's Republic of China (hereinafter referred to as the Pricing Law)".
Article 2 Item 1, Paragraph 1 and Paragraph 2 of Article 4 thereof shall be deleted.
Article 3 One article shall be added to be Article 5, which reads: "Business operators who, in violation of Article 14 of the Pricing Law, collude with each other to manipulate market price and cause the commodity prices largely rise, shall be ordered to take remedial action, and be confiscated their illegal gains and imposed with a penalty of less than five times of their illegal gains; or where there is no illegal gain, be imposed with a penalty of more than RMB100, 000 and less than RMB1, 000, 000 or more than RMB1, 000, 000 and less than RMB5, 000, 000 in case the circumstance is relatively serious; where the circumstance is serious, they shall be ordered to cease operation for reorganization or be canceled of their business licenses by the administrative authority for industry and commerce.
"In addition to the foregoing circumstances, business operators who collude with each other to manipulate the market price and impair the legal rights and interests of other operators or consumers, shall be penalized in accordance with Article 4 hereof.
Where an industrial society or other units organize business operators to collude with each other and manipulate the market price, the said business operators shall be penalized in accordance with the foregoing two paragraphs and the industrial society or other units shall be imposed with a penalty of less than RMB500, 000 and be deregistered or be canceled of the business license by the registration authority in accordance with law in case of a serious circumstance".
Article 4 Article 5 shall be amended to be Article 6, which reads: "Any business operator who, in violation of Article 14 of the Pricing Law, conducts any of the following acts that pushes the commodity prices to rise too rapidly or too high, shall be ordered to take remedial action, and be confiscated its illegal gains and imposed with a penalty of less than five times of its illegal gains; or where there is no illegal gain, be imposed with a penalty of more than RMB50, 000 and less than RMB500, 000 or more than RMB500, 000 and less than RMB3, 000, 000 in case the circumstance is relatively serious; where the circumstance is serious, it shall be ordered to cease operation for reorganization or be canceled of its business license by the administrative authority for industry and commerce:
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