Decree of the State Council of the People's Republic of
第778号
The "Regulations on the Implementation of the Law of the People's Republic of China on the Protection of Consumer Rights and Interests" was passed at the 26th executive meeting of the State Council on February 23, 2024, and is hereby promulgated to take effect on July 1, 2024.
Prime Minister Li Qiang
March 15, 2024
Regulations for the Implementation of 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 on the basis of the "Law of the People's Republic of China on the Protection of Consumer Rights and Interests" (hereinafter referred to as the "Law on the Protection of Consumer Rights and Interests") and other laws.
Article 2: Efforts to protect consumer rights and interests adhere to the leadership of the Communist Party of China, persist in being people-centered, and follow the principles of legality, fairness, and efficiency.
Article 3: The state is to increase the extent of the protection of consumers' lawful rights and interests, establishing and improving a joint governance system for the protection of consumers' rights and interests that combines business operators' compliance with the law, industry self-discipline, consumer participation, and government regulation and social oversight.
Article 4: The State is to make overall plans to advance the establishment of a consumer environment, create a safe and secure consumer environment, and enhance the fundamental role of consumption in economic development.
Article 5: The State strengthens the establishment of a standard system for consumer goods and services, encourages business operators to formulate and implement enterprise standards that are stricter than national or industry standards, and continuously improves the quality of goods and services.
Article 6: The State advocates civilized, healthy, and green consumption concepts and methods, and opposes extravagance and waste.
Chapter II: Consumers' Rights and Operators' Obligations
Article 7: When consumers purchase goods, use goods, or receive services, they enjoy the right not to have their personal and property safety harmed in accordance with law.
Proprietors providing goods or services to consumers (including providing goods or services free of charge to consumers in the form of rewards, gifts, trials, etc.), shall ensure that the goods or services meet the requirements for safeguarding the safety of persons and property. Where the goods or services provided free of charge are defective but do not violate mandatory provisions of law and do not affect normal performance, business operators shall truthfully inform consumers before providing the goods or services.
Business operators shall ensure that their business premises and facilities meet the requirements for ensuring the safety of persons and property, take necessary safety protection measures, and set up corresponding warning signs. When consumers encounter danger or are infringed upon in their business premises, business operators shall provide prompt and necessary assistance.
Article 8: Where consumers feel that the goods or services provided by business operators might be defective or pose a danger to the safety of persons or property, they may report the situation or make suggestions to the business operators or relevant administrative departments.
Where proprietors discover that the goods or services they provide may be defective and pose a danger to the safety of persons or property, they shall promptly employ relevant measures in accordance with article 19 of the Law on the Protection of Consumer Rights and Interests. Where recall measures are employed, the business operator that produces or imports the goods shall formulate a recall plan, publish the recall information, clearly inform consumers of the relevant rights they enjoy, keep complete recall records, and bear the necessary expenses incurred by consumers as a result of the recall of the goods. Relevant business operators such as commodity sales, leasing, repair, production and supply of parts and components, and entrusted production shall perform the obligation of assistance and cooperation related to the recall in accordance with law.
Article 9: Business operators shall employ methods that are easy to understand to truthfully and comprehensively provide consumers with information related to goods or services, and must not use methods such as fictitious business operators' qualifications, qualifications, or honors, fabricating information on transactions of goods or services, or business data, or tampering, fabricating, or concealing user evaluations to conduct false or misleading publicity, or deceive or mislead consumers.
Business operators must not, without the knowledge of consumers, set different prices or charging standards for the same goods or services under the same transaction conditions.
Article 10 Business operators shall, in accordance with the relevant provisions of the State, indicate in a conspicuous manner the name and price of the commodity, the item, content, price and pricing method of the pricing unit or service, and other information, so that the price tag is complete, the content is true and accurate, and the label is clear and eye-catching.
Where proprietors employ methods such as automatic extension or automatic renewal to provide services, they shall draw consumers' attention in a conspicuous manner before consumers accept the services and before the date of automatic extension or automatic renewal.
Article 11: Consumers enjoy the right to choose goods or services independently. Proprietors must not use methods such as violence, coercion, or restriction of personal freedom, or the use of technical means, to compel or covertly compel consumers to purchase goods or receive services, or to exclude or restrict consumers from choosing goods or services provided by other business operators. Where proprietors provide goods or services through methods such as collocation or combination, they shall draw consumers' attention in a conspicuous manner.
Article 12: Where proprietors provide goods or services through methods such as commercial promotions, product recommendations, physical displays, notices, statements, or store notices, and make promises about the quantity, quality, price, after-sales service, and responsibility of the goods or services, they shall fulfill the content of their promises to consumers who purchase the goods or receive services.
Article 13: Business operators shall indicate their true names and marks in a conspicuous position on their business premises.
Where proprietors provide goods or services through methods such as the internet, television, telephone, mail order, etc., they shall conspicuously indicate or explain their true names and marks on their homepages, video screens, voices, catalogs, and so forth. Where other proprietors actually provide goods or services, they shall also provide consumers with information such as the proprietor's name, business address, and contact information.
Where proprietors lease other people's counters or venues to provide goods or services, or provide goods or services through methods such as lectures, lucky draws, or centralized experiences, they shall prominently indicate their true names and marks. Lessors of counters and venues shall establish an on-site operation management system, verifying, updating, and publicizing the relevant information of the operators for consumers to inquire about.
Article 14: Where proprietors provide goods or services through methods such as online livestreaming, they shall perform obligations related to the protection of consumer rights and interests in accordance with law.
Livestream marketing platform operators shall establish and complete systems for the protection of consumer rights and interests, and clarify mechanisms for resolving consumer disputes. Where consumer disputes arise, livestream marketing platform operators shall, upon the request of consumers, provide necessary information such as information on livestream room operators and livestream marketers, as well as records of relevant business activities.
Where livestream content published by livestream room operators or livestream marketers constitutes a commercial advertisement, the obligations of the advertisement publishers, advertising agents, or advertising spokespersons shall be performed in accordance with the relevant provisions of the "Advertising Law of the People's Republic of China".
Article 15: Proprietors must not use false or misleading publicity to fabricate or exaggerate the efficacy of goods or services such as for treatment, health care, or wellness, to induce the elderly and other consumers to purchase goods or services that clearly do not meet their actual needs.
Article 16: Where business operators provide online gaming services, they shall comply with the state's provisions and standards on areas such as the time period, duration, function, and content of online gaming services, set up corresponding functions such as time management, authority management, and consumption management for minors, and strictly conduct user verification in stages such as registration and login, to protect minors' physical and psychological health in accordance with law.
Article 17: Where proprietors use standard clauses, they shall comply with the provisions of article 26 of the Law on the Protection of Consumer Rights and Interests. Proprietors must not use standard clauses to unreasonably exempt or reduce their liabilities, increase consumers' liabilities, or restrict consumers' rights to modify or terminate contracts in accordance with law, choose litigation or arbitration to resolve consumer disputes, or choose the goods or services of other business operators.
Article 18: The period of validity for undertakings and consumers to undertake obligations such as returns, replacements, and repairs must not be lower than the requirements of relevant state provisions. The validity period is calculated from the date on which the proprietor delivers the goods to consumers or provides the services provided, and for the goods that need to be installed separately by the proprietor, the validity period is calculated from the date on which the installation of the goods is completed. After the proprietor fulfills the replacement obligation to the consumer, the effective period for undertaking the obligation to replace or repair shall be recalculated from the date on which the replacement is completed. The time taken by the operator for repairs is not included in the above-mentioned validity period.
Where proprietors perform the obligation to return goods in accordance with relevant state provisions or agreements with consumers, they shall refund the relevant amount in a lump sum in accordance with the price shown on the invoice or other proof of purchase or service documents. Where proprietors can prove that the price actually paid by consumers is inconsistent with the price shown on invoices or other proof of purchase or service documents, the relevant amount shall be refunded in accordance with the price actually paid by the consumer.
Article 19: Where proprietors sell goods through methods such as the internet, television, telephone, or mail order, they shall comply with the provisions of article 25 of the Law on the Protection of Consumer Rights and Interests, and must not expand the scope of commodities that are not eligible for unjustified returns without authorization.
Proprietors shall conspicuously mark the goods that are not eligible for no-reason returns, prompting consumers to confirm at the time of purchase, and must not make the non-application of no-reason returns an option to which consumers have tacitly consented. Without the consumer's confirmation, the operator shall not refuse to return the goods without reason.
The goods returned by the consumer should be in good condition. Where consumers need to open the packaging of the goods based on inspection, or make reasonable adjustments to confirm the quality and function of the goods without affecting the original quality, function and appearance of the goods, the proprietors shall return the goods.
Consumers who return goods without reason shall follow the principle of good faith, and must not use the rule of return without reason to harm the lawful rights and interests of business operators and other consumers.
Article 20: Where proprietors collect deposits when providing goods or services, they shall agree with consumers in advance on the methods, procedures, and time limits for returning the deposits, and must not set unreasonable conditions for returning the deposits.
Where consumers request a refund of the deposit, and the conditions for the refund of the deposit are met, the proprietor shall promptly return it.
Article 21: Where business operators decide to suspend business or relocate service venues, they shall announce the operators' effective contact information and other information in a conspicuous position on their business premises, websites, online stores, and so forth 30 days in advance.
Article 22: Where proprietors provide goods or services by receiving advance payment methods, they shall conclude a written contract with consumers, stipulating matters such as the specific content of the goods or services, the price or fees, the method of returning the advance payment, and liability for breach of contract.
After collecting advance payments, proprietors shall provide goods or services in accordance with the agreement with consumers, and must not reduce the quality of goods or services, and must not arbitrarily increase prices. Where proprietors fail to provide goods or services as agreed, they shall perform on the agreement or refund the advance payment in accordance with the consumer's request.
Where business operators have major business risks that might affect the normal provision of goods or services by business operators in accordance with contract agreements or transaction habits, they shall stop collecting advance payments. Where proprietors decide to suspend operations or relocate service venues, they shall inform consumers in advance and perform the obligations provided for in article 21 of these Regulations. In accordance with relevant state provisions or contractual agreements, consumers have the right to require business operators to continue to perform their obligations to provide goods or services, or to request a refund of the balance of unconsumed advance payments.
Article 23: Business operators shall protect consumers' personal information in accordance with law. When providing goods or services, proprietors must not excessively collect consumers' personal information, and must not use methods such as one-time general authorization or tacit authorization to compel or indirectly compel consumers to consent to the collection or use of personal information that is not directly related to business activities.
Where business operators handle sensitive personal information such as consumers' biometrics, religious beliefs, specific identities, medical health, financial accounts, whereabouts and tracks, as well as the personal information of minors under the age of 14, they shall comply with the provisions of relevant laws and administrative regulations.
Article 24: Without consumers' consent, proprietors must not send commercial information or make commercial phone calls to consumers. Where consumers agree to receive commercial information or commercial phone calls, proprietors shall provide clear and convenient ways to cancel. Where consumers choose to cancel, proprietors shall immediately stop sending commercial information or making commercial phone calls.
Chapter III: The State's Protection of Consumers' Lawful Rights and Interests
Article 25: All levels of people's government shall strengthen guidance for efforts to protect consumer rights and interests, organizing, coordinating, and urging relevant administrative departments to implement their duties for the protection of consumer rights and interests, and increasing the level of legalization of efforts to protect consumer rights and interests.
Article 26: Where disputes over consumer rights and interests arise between consumers and business operators, they may make a complaint to the departments for market regulation or other relevant administrative departments.
Natural persons, legal persons, or other organizations may report to the departments for market regulation or other relevant administrative departments, reflecting leads on business operators' suspected violations.
Article 27: The departments for market regulation or other relevant administrative departments shall clear and regulate channels for consumer complaints and reports, improve the procedures for handling complaints and reports, promptly accept and handle complaints and reports in accordance with law, strengthen the analysis and application of information on complaints and reports, and carry out consumer early warnings and risk warnings.
Complaints and reports shall comply with laws, regulations, and relevant provisions, and must not be used to seek improper benefits, infringe upon the lawful rights and interests of business operators, or disrupt the order of the market economy.
Article 28: The departments for market regulation and other relevant administrative departments shall strengthen coordination and information sharing in efforts to protect consumer rights and interests, and carry out spot checks and inspections of goods and services provided by business operators in accordance with the provisions of laws and regulations, and within the scope of their respective duties, to promptly investigate and address conduct that infringes on the lawful rights and interests of consumers.
Article 29: The departments for market oversight and management and other relevant administrative departments shall strengthen the establishment of a credit system in the consumer sector, lawfully displaying information such as on administrative permits, administrative punishments, spot check results, and consumer complaints, and lawfully carrying out punishments against illegal and untrustworthy business operators.
Article 30: Relevant administrative departments shall strengthen publicity and popularization of consumer knowledge, advocate civilized, healthy, and green consumption, and increase consumers' awareness and ability to protect their rights in accordance with law and rationally; Strengthen legal publicity, administrative guidance, and compliance guidelines for business operators, and increase business operators' awareness of operating in accordance with the law.
Article 31: The State is to improve the standards, certifications, and information disclosure systems for green consumption, encouraging business operators to make information disclosures or commitments on green consumption of goods and services, and investigating and punishing acts of false information disclosure and pledges in accordance with law.
Article 32: Industry associations, chambers of commerce, and other such organizations shall strengthen industry self-discipline, guiding and urging business operators to abide by the law and operate in good faith, and the industry rules, self-discipline rules, model contracts, and relevant standards drafted shall be conducive to protecting the lawful rights and interests of consumers.
Article 33: The state encourages and supports all organizations and individuals in conducting societal oversight of conduct that harms consumers' lawful rights and interests.
The mass media shall truthfully, objectively, and fairly report on matters related to consumers' rights and interests, strengthen publicity and popularization of knowledge related to consumer rights protection, and conduct public opinion oversight of conduct that harms consumers' lawful rights and interests.
Chapter IV: Consumer Organizations
Article 34: Consumer associations and other lawfully established consumer organizations shall perform their duties in accordance with the provisions of the Law on the Protection of Consumer Rights and Interests.
Article 35: All levels of people's government shall strengthen the organizational establishment of consumer associations, and provide necessary funding and other support for consumer associations in performing their duties.
Article 36: Relevant administrative departments shall earnestly listen to the opinions and suggestions of consumer associations. The relevant administrative departments shall promptly investigate and handle issues that infringe upon the lawful rights and interests of consumers reported by consumer associations to the relevant administrative departments, and give a reply; In cases that are filed and investigated, the relevant administrative departments shall inform the consumer associations of the outcome of the disposition.
Article 37: Consumer associations shall strengthen publicity on consumer law popularization and consumer guidance, providing consumers with services and support for protecting their rights in consumers, and increasing consumers' ability to preserve their own lawful rights and interests.
Consumer associations shall promptly summarize and promote typical cases and experiences and practices for the protection of consumers' lawful rights and interests, and guide and support business operators in carrying out business activities in accordance with laws and regulations.
Article 38: Consumer associations may organize and carry out comparative experiments, consumer surveys, consumer appraisals, disclosure of complaint information, appraisals of the complained goods, and the issuance of consumer reminders and warnings, to reflect the status of goods and services, consumer opinions, and consumer rights protection.
Article 39: Consumer associations may submit suggestions for improvement or conduct guidance talks to relevant business operators and industry organizations on matters relating to the protection of consumer rights and interests, strengthening the organization and coordination of consumers, business operators, industry organizations, professional bodies, relevant administrative departments, and other relevant parties, to promote the resolution of important issues involving the protection of consumers' lawful rights and interests.
Article 40: Consumer associations may carry out investigations into consumer complaints of conduct that harms the lawful rights and interests of consumers, verify the situation with the relevant proprietors, and invite the relevant proprietors to appear at the scene to state facts and opinions, provide evidence, and so forth.
Article 41: The China Consumers' Association, as well as consumer associations established in provinces, autonomous regions, or directly governed municipalities, may initiate litigation in the people's courts against conduct that infringes upon the lawful rights and interests of a large number of consumers.
Chapter V: Dispute Resolution
Article 42: Consumers shall consume in a civilized and rational manner, increase their awareness of self-protection, protect their lawful rights and interests in accordance with law, and lawfully protect their rights when consumer disputes occur.
Article 43: The departments for market regulation and other relevant administrative departments of all levels of people's government shall promote and complete mechanisms for the diversified resolution of consumer disputes, guiding consumers to lawfully preserve their lawful rights and interests through methods such as consultation, mediation, complaints, arbitration, and litigation.
Article 44: Business operators shall establish convenient and efficient mechanisms for handling complaints, and promptly resolve consumer disputes.
Encourage and guide business operators to establish and complete systems such as first accountability, advance compensation, and online dispute resolution, to promptly prevent and resolve consumer disputes.
Article 45: Where consumer disputes arise between consumers and proprietors, and request that consumer associations or other lawfully established mediation organizations conduct mediation, the relevant organizations shall promptly handle it.
Article 46: Where consumers and business operators make a complaint to the departments for market regulation or other relevant administrative departments in the event of a consumer dispute, they shall provide true identity information, and have a clear respondent, specific requests for complaints, and a factual basis.
The relevant administrative departments shall handle the complaint within 7 working days of receiving it and inform the consumer. Where a decision is made not to accept a complaint that does not meet the provisions, the consumer shall be informed of the reasons for not accepting it and other channels for resolving the dispute.
Where consumers and business operators agree to mediate after the relevant administrative departments accept a complaint, the relevant administrative departments shall promptly mediate on the basis of their duties, and complete the mediation within 60 days of acceptance; If mediation fails, the mediation shall be terminated. Where appraisal or testing is required during the mediation process, the time for appraisal or testing is not counted within 60 days.
With the consent of consumers and business operators, the relevant administrative departments may, in accordance with law, entrust complaints to consumer associations or other mediation organizations established in accordance with law for mediation.
Article 47: Where it is necessary to conduct appraisals or testing of the quality of goods or services due to consumer disputes, consumers and business operators may negotiate to determine an appraisal or testing body. Where consensus cannot be reached through consultation, the market regulation department or other relevant administrative departments accepting consumer complaints may designate appraisal or testing bodies.
For major, complex, and consumer disputes involving the lawful rights and interests of a large number of consumers, the departments for market regulation or other relevant administrative departments may include them in the procedures for spot checks and inspections, and entrust institutions with corresponding qualifications to conduct appraisals and tests.
Chapter VI: Legal Responsibility
Article 48: Where proprietors provide goods or services in violation of the Law on the Protection of Consumer Rights and Interests and the relevant provisions of these Regulations, and infringe upon the lawful rights and interests of consumers, they bear civil liability in accordance with law.
Article 49: Where proprietors commit fraud in providing goods or services, consumers have the right to demand compensation from proprietors in accordance with the provisions of paragraph 1 of article 55 of the Law on the Protection of Consumer Rights and Interests. However, there are exceptions to the defects in the labels, instructions, promotional materials, etc. of the goods or services that do not affect the quality of the goods or services and do not mislead consumers.
Where the provisions of paragraph 1 of article 55 of the Law on the Protection of Consumer Rights and Interests do not apply, and it is to be handled in accordance with the "Law of the People's Republic of China on Public Security Administration Punishments" and other relevant laws and regulations, by means such as entrainment, package dropping, counterfeiting, tampering with the date of production of goods, or fabricating facts; where a crime is constituted, criminal responsibility is pursued in accordance with law.
Article 50: Where business operators violate the provisions of Articles 10-14, 16, 17, or 19-21 of these Regulations, and other relevant laws and regulations have provisions on punishment organs and punishment methods, follow the provisions of the laws and regulations; Where laws and regulations do not provide for it, the market regulation department or other relevant administrative departments are to order corrections, and may give warnings, confiscation of unlawful gains, and a fine of between 1 and 5 times the amount of unlawful gains based on the circumstances, and where there are no unlawful gains, a fine of up to 300,000 RMB; where the circumstances are serious, order a suspension of business for rectification or revoke business licenses.
Where business operators violate the provisions of article 22 of these Regulations, the relevant administrative departments are to order corrections, and may give warnings, confiscate unlawful gains, and impose a fine of between 1 and 10 times the amount of unlawful gains, or where there are no unlawful gains, a fine of up to 500,000 RMB; where the circumstances are serious, order a suspension of business for rectification or revoke business licenses.
Where business operators violate other provisions of these Regulations, they are to be punished in accordance with article 56 of the Law on the Protection of Consumer Rights and Interests.
Article 51: Where business operators take the initiative to eliminate or mitigate the harmful consequences of illegal conduct, where the illegal conduct is minor and promptly corrected and no harmful consequences are caused, or where the first violation is minor and the harmful consequences are minor and promptly corrected, the punishment is mitigated, commuted, or not given in accordance with the provisions of the "Administrative Punishment Law of the People's Republic of China".
Article 52: Where the staff of relevant administrative departments fail to perform duties to protect consumers' rights and interests in accordance with the provisions of these Regulations, derelict their duties, or shield business operators' conduct that infringes on consumers' lawful rights and interests, sanctions are to be given in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law.
Chapter VII Supplementary Provisions
Article 53: These Regulations take effect on July 1, 2024.