Opinions on Strengthening the Administration of Online Group Buying Operation
Opinions on Strengthening the Administration of Online Group Buying Operation
Opinions on Strengthening the Administration of Online Group Buying Operation
Gong Shang Shi Zi [2012] No.39
March 12, 2012
The administrations for industry and commerce and market supervision administrations of all provinces, autonomous regions, municipalities directly under the Central Government, specially designated cities in the state plan and sub-provincial cities,
For the last years, group buying operation is developing rapidly and the number of users and the trading scale are increasing rapidly. Online group buying has become one important kind of online trading and plays a positive role in promoting the prosperity and development of Chinese online market and pushing ahead the networking of life service industry. However, due to unbalanced quality of website subjects, such problems as fraud consumption, replacing superior products with inferior products, and fraudulent declaration of price happen occasionally, and relevant consumption disputes and complaints are increasing rapidly. For the purposes of regulating the operation order of online group buying market, maintaining the legitimate rights and interests of online consumers and operators, and promoting the healthy development of online group buying sector, the following Opinions are hereby issued so as to strengthen the administration of online group buying operation:
I. To standardize the subject qualification and do a good job in the online group buying market access.
Online group buying means the commercial activity of purchasing the same commodities or services at a lower discounted price by a group of consumers through the Internet.
According to the provisions concerning registration in current laws, regulations and the Tentative Measures for Administration of Online Commodity Trade and Related Service Activities (Order of the State Administration for Industry and Commerce No. 49, hereinafter referred to as the "Measures"), the operator of group buying websites shall lawfully handle the industrial and commercial registration and obtain business license and 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. As for the branches established by the group buying websites in other regions, the industrial and commercial registration shall be carried out according to the provisions concerning registration in relevant current laws and regulations.
Each region shall exercise stringent control over the online group buying market access, examine the subject qualification of group buying websites within the administrative area, lawfully investigate and ban the group buying websites without business license and submit to the administrative department in charge of communications for closure according to the law, and shall investigate and punish the group buying websites with illegal business operations and may revoke the business license according to the law where the circumstance is severe.
II. To intensify administrative guidance and urge the group buying websites to earnestly perform responsibilities and duties.
The operators of group buying websites refer to the operators who provide online trading platform service. With regard to the maintenance of the online group buying trading order, the operators of group buying websites bear important management responsibility. Online group buying involves a wide range and large scale and thus may result in group consumption conflicts. Each region shall take the group buying websites, especially those websites with large influential range and high trading frequency in the area, as the key online monitoring area, intensify administrative guidance, take vigorous measures to urge the operators of group buying websites to perform the responsibilities and duties of various kinds as stipulated in the Measures so as to fulfill the Measures.
......
Gong Shang Shi Zi [2012] No.39
March 12, 2012
The administrations for industry and commerce and market supervision administrations of all provinces, autonomous regions, municipalities directly under the Central Government, specially designated cities in the state plan and sub-provincial cities,
For the last years, group buying operation is developing rapidly and the number of users and the trading scale are increasing rapidly. Online group buying has become one important kind of online trading and plays a positive role in promoting the prosperity and development of Chinese online market and pushing ahead the networking of life service industry. However, due to unbalanced quality of website subjects, such problems as fraud consumption, replacing superior products with inferior products, and fraudulent declaration of price happen occasionally, and relevant consumption disputes and complaints are increasing rapidly. For the purposes of regulating the operation order of online group buying market, maintaining the legitimate rights and interests of online consumers and operators, and promoting the healthy development of online group buying sector, the following Opinions are hereby issued so as to strengthen the administration of online group buying operation:
I. To standardize the subject qualification and do a good job in the online group buying market access.
Online group buying means the commercial activity of purchasing the same commodities or services at a lower discounted price by a group of consumers through the Internet.
According to the provisions concerning registration in current laws, regulations and the Tentative Measures for Administration of Online Commodity Trade and Related Service Activities (Order of the State Administration for Industry and Commerce No. 49, hereinafter referred to as the "Measures"), the operator of group buying websites shall lawfully handle the industrial and commercial registration and obtain business license and 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. As for the branches established by the group buying websites in other regions, the industrial and commercial registration shall be carried out according to the provisions concerning registration in relevant current laws and regulations.
Each region shall exercise stringent control over the online group buying market access, examine the subject qualification of group buying websites within the administrative area, lawfully investigate and ban the group buying websites without business license and submit to the administrative department in charge of communications for closure according to the law, and shall investigate and punish the group buying websites with illegal business operations and may revoke the business license according to the law where the circumstance is severe.
II. To intensify administrative guidance and urge the group buying websites to earnestly perform responsibilities and duties.
The operators of group buying websites refer to the operators who provide online trading platform service. With regard to the maintenance of the online group buying trading order, the operators of group buying websites bear important management responsibility. Online group buying involves a wide range and large scale and thus may result in group consumption conflicts. Each region shall take the group buying websites, especially those websites with large influential range and high trading frequency in the area, as the key online monitoring area, intensify administrative guidance, take vigorous measures to urge the operators of group buying websites to perform the responsibilities and duties of various kinds as stipulated in the Measures so as to fulfill the Measures.
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