Measures for the Supervision and Administration of Online Transactions
Measures for the Supervision and Administration of Online Transactions
Measures for the Supervision and Administration of Online Transactions
Order of the State Administration for Market Regulation No. 37
March 15, 2021
Chapter I General Provisions
Article 1 These Measures are formulated in accordance with relevant laws and administrative regulations with a view to regulating online transaction activities, maintaining the order of online transactions, protecting the legitimate rights and interests of all parties to online transactions, and promoting the sustainable and healthy development of the digital economy.
Article 2 These Measures shall apply to business activities involving the sale of commodities or provision of services through information networks such as the Internet (hereinafter referred to as “online”) as well as to the supervision and administration thereof by departments for market regulation within the territory of the People's Republic of China.
These Measures shall apply to business activities involving the sale of commodities or provision of services in information network activities such as social networking and live streaming.
Article 3 Online transaction operators shall, when engaging in business activities, follow the principles of voluntariness, equality, fairness and good faith, abide by laws, regulations, rules and business ethics as well as public order and good customs, participate in market competition on an equal footing, earnestly fulfill their statutory obligations, proactively assume the primary responsibility and accept supervision from all sectors of society.
Article 4 Supervision and administration of online transactions shall adhere to the principles of encouraging innovation, inclusiveness and prudence, strict adherence to the bottom line and online-offline integrated regulation.
Article 5 The State Administration for Market Regulation (“SAMR”) shall be responsible for organizing and guiding the supervision and administration of online transactions nationwide.
Local departments for market regulation at or above the county level shall be responsible for the supervision and administration of online transactions within their respective administrative regions.
Article 6 Departments for market regulation shall lead online transaction operators, online transaction trade organizations, consumer organizations and consumers to jointly participate in the governance of the online transaction market, and promote the refinement of the standardized and orderly system for governance of the online transaction market featuring diversified participation and effective coordination.
Chapter II Online Transaction Operator
Section 1 General Provisions
Article 7 For the purpose of these Measures, "online transaction operator" refers to any natural person, legal person or unincorporated organization that organizes and carries out online transaction activities, including online transaction platform operators, platform-based operators, self-built website operators and online transaction operators that carry out online transaction activities through other network services.
For the purpose of these Measures, "online transaction platform operator" refers to any legal person or unincorporated organization that provides such services as online business premises, transaction matchmaking and information release for two or more transaction parties in online transaction activities, thus enabling them to independently carry out online transaction activities.
For the purpose of these Measures, "platform-based operator" refers to any online transaction operator that carries out online transaction activities through online transaction platforms.
Providers of network services including social networking and live streaming that provide such online transaction platform services as online business premises, commodity browsing, order generation and online payment for operators shall fulfill the obligations of online transaction platform operators in accordance with the law. Operators that carry out online transaction activities through the above-mentioned online transaction platform services shall fulfill the obligations of platform-based operators in accordance with the law.
Article 8 No online transaction operator may, in violation of laws, regulations or decisions of the State Council, engage in business operations without a license or permit. Except under the circumstances for exemption from registration as prescribed in Article 10 of the E-commerce Law of the People's Republic of China, online transaction operators shall go through market entity registration in accordance with the law.
Individuals who engage in online convenient labor activities such as cleaning, washing, sewing, hairdressing, moving, key making, pipeline dredging, household appliance and furniture repairing and supply replacement that legally require no licensing shall be exempt from registration in accordance with Article 10 of the E-commerce Law of the People's Republic of China.
Individuals who engage in online transaction activities with the cumulative annual transaction amount of not more than CNY100,000 shall be exempt from registration in accordance with Article 10 of the E-commerce Law of the People's Republic of China. Where the same operator sets up multiple online stores on the same platform or different platforms, the transaction amount of all online stores shall be calculated in a consolidated manner. Individuals who engage in sporadic small-amount transactions that legally require administrative licensing shall go through market entity registration in accordance with the law.
Article 9 Where a platform-based operator carrying out business activities online only applies to register as an individual industrial and commercial household, it may register its online business premises as the business premises and its habitual residence as the domicile with the department for market regulation of the county, autonomous county, city without subordinate district or district under a city where its domicile is located as the registration organ. Where the same operator has two or more online business premises, they shall be registered in a consolidated manner.
Article 10 Where a platform-based operator applies for registration of its online business premises as the business premises, the online transaction platform in which it has settled shall issue relevant materials on the online business premises that meet the registration organ’s requirements.
Article 11 Online transaction operators shall sell commodities or provide services that meet the requirements for safeguarding personal and property safety and environmental protection requirements, without selling or providing any of those which are prohibited from being the subject matter of transactions by laws or administrative regulations, nor those which damage state interests or public interests or violate public order and good customs.
Article 12 Each online transaction operator shall, on an on-going basis, publicize information of business entities or a link to such information in a prominent position on the homepage of its website or the main page of its business activities.
......
Order of the State Administration for Market Regulation No. 37
March 15, 2021
Chapter I General Provisions
Article 1 These Measures are formulated in accordance with relevant laws and administrative regulations with a view to regulating online transaction activities, maintaining the order of online transactions, protecting the legitimate rights and interests of all parties to online transactions, and promoting the sustainable and healthy development of the digital economy.
Article 2 These Measures shall apply to business activities involving the sale of commodities or provision of services through information networks such as the Internet (hereinafter referred to as “online”) as well as to the supervision and administration thereof by departments for market regulation within the territory of the People's Republic of China.
These Measures shall apply to business activities involving the sale of commodities or provision of services in information network activities such as social networking and live streaming.
Article 3 Online transaction operators shall, when engaging in business activities, follow the principles of voluntariness, equality, fairness and good faith, abide by laws, regulations, rules and business ethics as well as public order and good customs, participate in market competition on an equal footing, earnestly fulfill their statutory obligations, proactively assume the primary responsibility and accept supervision from all sectors of society.
Article 4 Supervision and administration of online transactions shall adhere to the principles of encouraging innovation, inclusiveness and prudence, strict adherence to the bottom line and online-offline integrated regulation.
Article 5 The State Administration for Market Regulation (“SAMR”) shall be responsible for organizing and guiding the supervision and administration of online transactions nationwide.
Local departments for market regulation at or above the county level shall be responsible for the supervision and administration of online transactions within their respective administrative regions.
Article 6 Departments for market regulation shall lead online transaction operators, online transaction trade organizations, consumer organizations and consumers to jointly participate in the governance of the online transaction market, and promote the refinement of the standardized and orderly system for governance of the online transaction market featuring diversified participation and effective coordination.
Chapter II Online Transaction Operator
Section 1 General Provisions
Article 7 For the purpose of these Measures, "online transaction operator" refers to any natural person, legal person or unincorporated organization that organizes and carries out online transaction activities, including online transaction platform operators, platform-based operators, self-built website operators and online transaction operators that carry out online transaction activities through other network services.
For the purpose of these Measures, "online transaction platform operator" refers to any legal person or unincorporated organization that provides such services as online business premises, transaction matchmaking and information release for two or more transaction parties in online transaction activities, thus enabling them to independently carry out online transaction activities.
For the purpose of these Measures, "platform-based operator" refers to any online transaction operator that carries out online transaction activities through online transaction platforms.
Providers of network services including social networking and live streaming that provide such online transaction platform services as online business premises, commodity browsing, order generation and online payment for operators shall fulfill the obligations of online transaction platform operators in accordance with the law. Operators that carry out online transaction activities through the above-mentioned online transaction platform services shall fulfill the obligations of platform-based operators in accordance with the law.
Article 8 No online transaction operator may, in violation of laws, regulations or decisions of the State Council, engage in business operations without a license or permit. Except under the circumstances for exemption from registration as prescribed in Article 10 of the E-commerce Law of the People's Republic of China, online transaction operators shall go through market entity registration in accordance with the law.
Individuals who engage in online convenient labor activities such as cleaning, washing, sewing, hairdressing, moving, key making, pipeline dredging, household appliance and furniture repairing and supply replacement that legally require no licensing shall be exempt from registration in accordance with Article 10 of the E-commerce Law of the People's Republic of China.
Individuals who engage in online transaction activities with the cumulative annual transaction amount of not more than CNY100,000 shall be exempt from registration in accordance with Article 10 of the E-commerce Law of the People's Republic of China. Where the same operator sets up multiple online stores on the same platform or different platforms, the transaction amount of all online stores shall be calculated in a consolidated manner. Individuals who engage in sporadic small-amount transactions that legally require administrative licensing shall go through market entity registration in accordance with the law.
Article 9 Where a platform-based operator carrying out business activities online only applies to register as an individual industrial and commercial household, it may register its online business premises as the business premises and its habitual residence as the domicile with the department for market regulation of the county, autonomous county, city without subordinate district or district under a city where its domicile is located as the registration organ. Where the same operator has two or more online business premises, they shall be registered in a consolidated manner.
Article 10 Where a platform-based operator applies for registration of its online business premises as the business premises, the online transaction platform in which it has settled shall issue relevant materials on the online business premises that meet the registration organ’s requirements.
Article 11 Online transaction operators shall sell commodities or provide services that meet the requirements for safeguarding personal and property safety and environmental protection requirements, without selling or providing any of those which are prohibited from being the subject matter of transactions by laws or administrative regulations, nor those which damage state interests or public interests or violate public order and good customs.
Article 12 Each online transaction operator shall, on an on-going basis, publicize information of business entities or a link to such information in a prominent position on the homepage of its website or the main page of its business activities.
......