Regulation on the Implementation of the Law of the People's Republic of China on the Protection of Consumer Rights and Interests

Regulation on the Implementation of 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)

The Regulation on the Implementation of the Law of the People's Republic of China on the Protection of Consumer Rights and Interests, as adopted at the 26th executive meeting of the State Council on February 23, 2024, is hereby issued and shall come into force on July 1, 2024.

Premier: Li Qiang

March 15, 2024

Regulation on 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 This Regulation is developed in accordance with 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 In the protection of consumer rights and interests, the leadership of the Communist Party of China shall be insisted on, the principle of people-orientation shall be insisted on, and the principles of legality, fairness and efficiency shall be followed.

Article 3 The state shall strengthen the protection of the legitimate rights and interests of consumers, and establish and improve a joint governance system for the protection of consumer rights and interests in consideration of law compliance by operators, industrial self-regulation, participation by consumers, government supervision and social supervision.

Article 4 The state shall promote the construction of the consumption environment as a whole, create a safe and assured consumption environment, and enhance the basic role of consumption in economic development.

Article 5 The state shall strengthen the construction of a standard system for consumer commodities and services, encourage operators to develop and implement enterprise standards that are stricter than national standards or industrial standards, and continuously improves the quality of commodities and services.

Article 6 The state shall advocate civilized, healthy and green consumption concepts and modes, and oppose extravagance and waste.

Chapter II Consumer Rights and Obligations of Operators

Article 7 A consumer shall, in accordance with the law, enjoy the right to personal and property safety from damage when purchasing commodities, using commodities or accepting services.

When providing commodities or services (including free provision of commodities or services for consumers in the form of incentives, gifts, trial, etc.) for consumers, an operator shall ensure that the commodities or services satisfy the requirements for protecting personal and property safety. Where the commodities or services provided free of charge are defective but do not violate the mandatory provisions of the law and do not affect the normal performance of use, the operator shall truthfully notify the consumer before providing commodities or services.

An operator shall ensure that their business premises and facilities satisfy the requirements for the protection of personal and property safety, take necessary safety protection measures, and set up corresponding warning signs. When a consumer encounters danger or is infringed upon at the business premises, the operator shall provide timely and necessary assistance.

Article 8 Where a consumer deems that commodities or services provided by an operator may be defective and endanger the personal or property safety, it may report the situation or put forward suggestions to the operator or the relevant administrative department.

Where an operator finds that commodities or services provided by it may be defective and endanger the personal or property safety, it shall take relevant measures in a timely manner in accordance with the provisions of Article 19 of the Law on the Protection of Consumer Rights and Interests. Where recall measures are taken, an operator producing or importing commodities shall develop a recall plan, publish the recall information, clearly notify consumers of their relevant rights, keep complete recall records, and assume necessary expenses incurred by consumers due to the recall of commodities. Commodity sales, leasing, repair, parts production and supply, commissioned production and other relevant operators shall perform the relevant assistance and cooperation obligations for recall in accordance with the law.

Article 9 An operator shall provide consumers with authentic and comprehensive information related to commodities or services in an easy-to-understand manner, and shall not carry out false or misleading publicity by fabricating the competence, qualifications or honors obtained by the operator, fabricating the transaction information and business data of commodities or services, falsifying, fabricating or concealing users' evaluations, etc., to deceive and mislead consumers.

An operator shall not, without the knowledge of consumers, set different prices or fee rates for the same commodity or service under the same trading conditions.

Article 10 An operator shall, in accordance with the relevant rules of the state, conspicuously indicate the name of the commodity, the price and the charge unit or the item, content, price and valuation method of the service, so that the price tag is complete, the content is authentic and accurate, and the logo is clear and eye-catching.

Where an operator provides services by means of automatic extension or automatic renewal, it shall, in a conspicuous manner, draw the attention of consumers before they accept the services and before the date of automatic extension or automatic renewal.

Article 11 A consumer shall have the right to independently choose commodities or services. An operator shall not, by means of violence, coercion, restriction of personal freedom or use of technical means, compel, directly or in a disguised manner, consumers to purchase commodities or receive services, or exclude or restrict consumers from choosing commodities or services provided by other operators. Where an operator provides commodities or services by means of collocation or combination, it shall draw attention of consumers in a conspicuous manner.

Article 12 Where an operator provides commodities or services in the form of commercial publicity, product recommendation, physical display or notice, declaration, shop notice, etc., and makes a commitment to the quantity, quality, price, after-sales service and liability assumption of commodities or services, it shall fulfill its commitments to consumers who purchase commodities or receive services.

Article 13 An operator shall indicate its real name and mark in a prominent place of its business premise.

Where an operator provides a commodity or service through the Internet, television, telephone, mail order, etc., it shall indicate or explain its real name and mark in a conspicuous way on its home page, video screen, voice, commodity catalogue, etc. Where other operators actually provide commodities or services, they shall also provide consumers with the names, business addresses, contact information and other information of the operators.

Where an operator leases other people's counters or venues to provide commodities or services, or provides commodities or services by publicity, lottery, centralized experience, and other means, it shall clearly indicate its real name and mark. The lessor of counters and venues shall establish a management system for on-site operation, and verify, update and publicize the relevant information on operators for consumers' inquiry.

Article 14 An operator providing commodities or services by network broadcast and other means shall fulfill the obligations related to the protection of consumer rights and interests in accordance with the law.

A live broadcast marketing platform operator shall establish a sound system for the protection of consumer rights and interests, and specify the mechanism for resolution of consumer disputes. In the event of a consumption dispute, an operator of a live broadcast marketing platform shall, according to the requirements of consumers, provide the relevant information on the operator of the live broadcast room, the live broadcast marketing personnel, the relevant business activity records and other necessary information.

Where the live broadcast content published by an operator of a direct broadcast room or a live broadcast marketer constitutes a commercial advertisement, the obligations of the advertising publisher, advertising agent or advertising spokesperson shall be fulfilled in accordance with the relevant provisions of the Advertising Law of the People's Republic of China.

Article 15 An operator shall not, through false or misleading publicity, fabricate or exaggerate the therapeutic, health care, health preservation and other effects of commodities or services, and induce consumers such as the elderly to buy commodities or services that obviously do not meet their actual needs.

Article 16 An operator providing online game services shall comply with the provisions and standards of the state regarding the time period, duration, function and content of online game services, set up corresponding time management, authority management, consumption management and other functions for minors, strictly carry out user verification in registration, login and other links, and protect the physical and mental health of minors according to the law.

Article 17 An operator using standard terms shall comply w......