Provisions on Administrative Sanctions against Price-related Illegal Activities (Revised in 2008)

Provisions on Administrative Sanctions against Price-related Illegal Activities (Revised in 2008)

Order of the State Council [2008] No. 515

January 13, 2008

Appendix: Provisions on Administrative Sanctions against Price-related Illegal Activities (Revised in 2008)

(Approved by the State Council on July 10, 1999, firstly revised by the State Development and Planning Commission on August 1, 1999 in accordance with the Decision of the State Council on the Revision of the Provisions on Administrative Penalties Against Price-related Illegal Activities on February 21, 2006 and secondly revised in accordance with the Decision of the State Council on the Revision of the Provisions on Administrative Penalties Against Price-related Illegal Activities on January 13, 2008)

Article 1 With the purpose of punishing price-related illegal activities in accordance with the law and protecting the lawful rights and interests of consumers and operators, these Provisions are amended and drafted in accordance with the relevant provisions in the Pricing Law of the People's Republic of China (hereinafter referred to as the Pricing Law).

Article 2 The designated price administration authorities in the People's Governments at levels higher than counties shall conduct supervisions and inspections of pricing in accordance with the law and make decisions on the administrative sanctions against price-related illegal activities.

Article 3 The decisions on administrative sanctions against price-related illegal activities shall be made by the designated price administration authorities of the local People's Governments with jurisdiction over the place where the illegal (price) activities occur. Where a regulation of the price administration of the State Council provides that the decision shall be made by the price administration at a higher level, such regulations shall be enforced.

Article 4 Should an operator be found indulging in any of the following illegalities, the relevant authorities shall order the operator to make corrections, confiscate his or her illegal gains, and may impose a fine of not more than five times the total of the illegal gains. If no illegal gains are involved, a warning may be issued, and a fine of not less than RMB100, 000 but not more RMB1,000, 000 may be additionally imposed. Where the circumstances are serious, the operator shall be ordered to suspend business for internal rectification, or the business license shall be revoked by the state administration of industry and commerce:
1. Colluding with other parties to manipulate the market price and to infringe upon the lawful rights and interests of other operators or consumers;
2.
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