Implementation Regulations on the Law of the People's Republic of China on the Protection of Consumer Rights and Interests
Implementation Regulations on the Law of the People's Republic of China on the Protection of Consumer Rights and Interests
Implementation Regulations on the Law of the People's Republic of China on the Protection of Consumer Rights and Interests
Order of the State Council of the People's Republic of China No. 778
March 15, 2024
The Implementation Regulations on the Law of the People's Republic of China on the Protection of Consumer Rights and Interests, which have been adopted at the 26th executive meeting of the State Council on February 23, 2024, are hereby promulgated and shall become effective as of July 1, 2024.
Li Qiang Premier
Implementation Regulations on the Law of the People's Republic of China on the Protection of Consumer Rights and Interests
Chapter I General Provisions
Article 1 These Regulations are formulated in accordance with the Law of the People's Republic of China on the Protection of Consumer Rights and Interests (the "Law on the Protection of Consumer Rights and Interests").
Article 2 The work on the protection of consumer rights and interests shall adhere to the leadership of the Communist Party of China, shall be centered on the people, and shall comply with the principles of legality, fairness and efficiency.
Article 3 The state shall make greater efforts to protect the legitimate rights and interests of consumers, and establish and improve a common governance system for the protection of consumer rights and interests that integrates operators' compliance, industry self-regulation, consumer participation, government regulation, and social supervision.
Article 4 The state shall make overall planning to promote the building of a consumption environment, create a safe and reliable consumption environment, and enhance the fundamental role of consumption in economic development.
Article 5 The state shall strengthen the building of the standard system for consumer goods and services, encourage operators to formulate and implement enterprise standards that are stricter than national standards or industry standards, and constantly improve the quality of goods and services.
Article 6 The state shall advocate civilized, healthy, and green consumption concepts and consumption methods, and oppose extravagance.
Chapter II Consumers' Rights and Operators' Obligations
Article 7 When purchasing goods, using goods and receiving services, consumers shall enjoy the right to have their personal and property safety not be harmed in accordance with the law.
Operators who provide goods or services to consumers (including providing goods or services free of charge to consumers in the form of reward, gift, trial, or in other forms) shall ensure that the goods or services meet the requirements for protecting personal and property safety. If the goods or services to be provided free of charge are defective but they do not violate mandatory provisions in laws and the normal performance is not affected, operators shall truthfully inform consumers before providing such goods or services.
Operators shall ensure that their business premises and facilities meet the requirements for protecting personal and property safety, take necessary safety protection measures, and set up corresponding warning signs. When consumers encounter danger or are harmed in their business premises, operators shall provide timely and necessary assistance.
Article 8 If consumers deem that the goods or services provided by operators may be defective and endanger personal or property safety, they may report the case or make suggestions to the operators or relevant administrative departments.
If an operator finds that any goods or services it provides may be defective and endanger personal or property safety, it shall promptly take relevant measures in accordance with Article 19 of the Law on the Protection of Consumer Rights and Interests. If recall measures are taken, operators who produce or import the goods shall formulate recall plans, publish recall information, clearly inform consumers of their relevant rights, maintain complete recall records, and assume the necessary expenses incurred by consumers due to the recall of the goods. Operators involved in the sales, leasing, repair, production and supply of parts, entrusted production, and other aspects concerning the goods shall perform their recall-related assistance and cooperation obligations in accordance with the law.
Article 9 Operators shall provide consumers with information on goods or services by an easy-to-understand method and in a truthful and comprehensive way; they shall not commit false or misleading publicity to deceive and mislead consumers by fabricating operators' licenses, qualifications, or honors, fabricating product or service transaction information or business data, tampering with, fabricating, or concealing user reviews, or by other means.
Operators shall not set different prices or charging standards for the same goods or services under the same transaction conditions without notifying the consumers.
Article 10 Operators shall, in accordance with relevant national regulations, clearly indicate the product name, price and pricing unit, or the service item, content, price and pricing method as well as other information in a conspicuous way, and ensure that the price tags are complete, the content is true and accurate, and the labeling is clear and noticeable.
If an operator provides services by automatic extension, automatic renewal, etc., it shall draw the attention of consumers in a conspicuous way before consumers accept the service and before the date of automatic extension, automatic renewal, etc.
Article 11 Consumers have the right to independently choose goods or services. Operators shall not force consumers to purchase goods or receive services or do so in disguised form, or exclude or restrict consumers from choosing goods or services provided by other operators, through violence, coercion, restriction of personal freedom or by other means, or by adopting technical means.
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Order of the State Council of the People's Republic of China No. 778
March 15, 2024
The Implementation Regulations on the Law of the People's Republic of China on the Protection of Consumer Rights and Interests, which have been adopted at the 26th executive meeting of the State Council on February 23, 2024, are hereby promulgated and shall become effective as of July 1, 2024.
Li Qiang Premier
Implementation Regulations on the Law of the People's Republic of China on the Protection of Consumer Rights and Interests
Chapter I General Provisions
Article 1 These Regulations are formulated in accordance with the Law of the People's Republic of China on the Protection of Consumer Rights and Interests (the "Law on the Protection of Consumer Rights and Interests").
Article 2 The work on the protection of consumer rights and interests shall adhere to the leadership of the Communist Party of China, shall be centered on the people, and shall comply with the principles of legality, fairness and efficiency.
Article 3 The state shall make greater efforts to protect the legitimate rights and interests of consumers, and establish and improve a common governance system for the protection of consumer rights and interests that integrates operators' compliance, industry self-regulation, consumer participation, government regulation, and social supervision.
Article 4 The state shall make overall planning to promote the building of a consumption environment, create a safe and reliable consumption environment, and enhance the fundamental role of consumption in economic development.
Article 5 The state shall strengthen the building of the standard system for consumer goods and services, encourage operators to formulate and implement enterprise standards that are stricter than national standards or industry standards, and constantly improve the quality of goods and services.
Article 6 The state shall advocate civilized, healthy, and green consumption concepts and consumption methods, and oppose extravagance.
Chapter II Consumers' Rights and Operators' Obligations
Article 7 When purchasing goods, using goods and receiving services, consumers shall enjoy the right to have their personal and property safety not be harmed in accordance with the law.
Operators who provide goods or services to consumers (including providing goods or services free of charge to consumers in the form of reward, gift, trial, or in other forms) shall ensure that the goods or services meet the requirements for protecting personal and property safety. If the goods or services to be provided free of charge are defective but they do not violate mandatory provisions in laws and the normal performance is not affected, operators shall truthfully inform consumers before providing such goods or services.
Operators shall ensure that their business premises and facilities meet the requirements for protecting personal and property safety, take necessary safety protection measures, and set up corresponding warning signs. When consumers encounter danger or are harmed in their business premises, operators shall provide timely and necessary assistance.
Article 8 If consumers deem that the goods or services provided by operators may be defective and endanger personal or property safety, they may report the case or make suggestions to the operators or relevant administrative departments.
If an operator finds that any goods or services it provides may be defective and endanger personal or property safety, it shall promptly take relevant measures in accordance with Article 19 of the Law on the Protection of Consumer Rights and Interests. If recall measures are taken, operators who produce or import the goods shall formulate recall plans, publish recall information, clearly inform consumers of their relevant rights, maintain complete recall records, and assume the necessary expenses incurred by consumers due to the recall of the goods. Operators involved in the sales, leasing, repair, production and supply of parts, entrusted production, and other aspects concerning the goods shall perform their recall-related assistance and cooperation obligations in accordance with the law.
Article 9 Operators shall provide consumers with information on goods or services by an easy-to-understand method and in a truthful and comprehensive way; they shall not commit false or misleading publicity to deceive and mislead consumers by fabricating operators' licenses, qualifications, or honors, fabricating product or service transaction information or business data, tampering with, fabricating, or concealing user reviews, or by other means.
Operators shall not set different prices or charging standards for the same goods or services under the same transaction conditions without notifying the consumers.
Article 10 Operators shall, in accordance with relevant national regulations, clearly indicate the product name, price and pricing unit, or the service item, content, price and pricing method as well as other information in a conspicuous way, and ensure that the price tags are complete, the content is true and accurate, and the labeling is clear and noticeable.
If an operator provides services by automatic extension, automatic renewal, etc., it shall draw the attention of consumers in a conspicuous way before consumers accept the service and before the date of automatic extension, automatic renewal, etc.
Article 11 Consumers have the right to independently choose goods or services. Operators shall not force consumers to purchase goods or receive services or do so in disguised form, or exclude or restrict consumers from choosing goods or services provided by other operators, through violence, coercion, restriction of personal freedom or by other means, or by adopting technical means.
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