Measures for the Administrative Regulation of Contracts (Amended in 2025)
Measures for the Administrative Regulation of Contracts (Amended in 2025)
Measures for the Administrative Regulation of Contracts (Amended in 2025)
Order of the State Administration for Market Regulation No. 101
March 18, 2025
(Promulgated by the Order of the State Administration for Market Regulation No. 77 on May 18, 2023; and amended in accordance with the Order of the State Administration for Market Regulation No. 101 on March 18, 2025)
Article 1 These Measures are enacted in accordance with the Civil Code of the People's Republic of China, the Law of the People's Republic of China on the Protection of Consumer Rights and Interests and other laws and regulations to maintain the order of the market economy and to protect national interests, social public interests and the lawful rights and interests of consumers.
Article 2 Market regulatory authorities will carry out administrative supervision and regulation of contracts within the scope of their functions and responsibilities in accordance with laws, administrative regulations, and these Measure.
Article 3 Market regulatory authorities shall carry out administrative regulation of contracts in accordance with the principles of combining regulation with guidance and combining punishment with education.
Article 4 When entering into contracts, business operators shall abide by the principles of equality, voluntariness, fairness, and good faith, shall not violate laws or administrative regulations or go against public order and good morals, and shall not exploit the contracts to engage in activities that endanger national interests, social public interests, or the lawful rights and interests of consumers.
Article 5 Business operators shall not exploit contracts to engage in the following illegal activities that disrupt the order of the market economy or endanger national interests or social public interests:
(1) Entering into a contract using a fabricated identity as the contracting party or misappropriating or falsely assuming the identity of another;
(2) Entering into a contract without actual performance ability by deceiving the other party;
(3) Entering into a contract with the other party by intentionally concealing information that has a material impact on the realization of the purpose of the contract;
(4) Entering into a contract by means of malicious collusion, bribery, coercion, or the like; and
(5) Other acts of exploiting contracts that disrupt the order of the market economy.
Article 6 When entering into a contract with a consumer using standard clauses, a business operator shall draw the attention of the consumer to the quantity and quality of the goods or services provided, their price or fees, the time limit and method of performance, any safety reminders and risk warnings, after-sales service, civil liability, and other content that is materially vital to the interests of the consumer by separately informing, using bold fonts or pop-up windows, or other conspicuous ways, and provide explanations as requested by the consumer.
Notices, statements, store announcements, etc.
......
Order of the State Administration for Market Regulation No. 101
March 18, 2025
(Promulgated by the Order of the State Administration for Market Regulation No. 77 on May 18, 2023; and amended in accordance with the Order of the State Administration for Market Regulation No. 101 on March 18, 2025)
Article 1 These Measures are enacted in accordance with the Civil Code of the People's Republic of China, the Law of the People's Republic of China on the Protection of Consumer Rights and Interests and other laws and regulations to maintain the order of the market economy and to protect national interests, social public interests and the lawful rights and interests of consumers.
Article 2 Market regulatory authorities will carry out administrative supervision and regulation of contracts within the scope of their functions and responsibilities in accordance with laws, administrative regulations, and these Measure.
Article 3 Market regulatory authorities shall carry out administrative regulation of contracts in accordance with the principles of combining regulation with guidance and combining punishment with education.
Article 4 When entering into contracts, business operators shall abide by the principles of equality, voluntariness, fairness, and good faith, shall not violate laws or administrative regulations or go against public order and good morals, and shall not exploit the contracts to engage in activities that endanger national interests, social public interests, or the lawful rights and interests of consumers.
Article 5 Business operators shall not exploit contracts to engage in the following illegal activities that disrupt the order of the market economy or endanger national interests or social public interests:
(1) Entering into a contract using a fabricated identity as the contracting party or misappropriating or falsely assuming the identity of another;
(2) Entering into a contract without actual performance ability by deceiving the other party;
(3) Entering into a contract with the other party by intentionally concealing information that has a material impact on the realization of the purpose of the contract;
(4) Entering into a contract by means of malicious collusion, bribery, coercion, or the like; and
(5) Other acts of exploiting contracts that disrupt the order of the market economy.
Article 6 When entering into a contract with a consumer using standard clauses, a business operator shall draw the attention of the consumer to the quantity and quality of the goods or services provided, their price or fees, the time limit and method of performance, any safety reminders and risk warnings, after-sales service, civil liability, and other content that is materially vital to the interests of the consumer by separately informing, using bold fonts or pop-up windows, or other conspicuous ways, and provide explanations as requested by the consumer.
Notices, statements, store announcements, etc.
......