Law of the People's Republic of China on the Protection of Consumer Rights and Interests (2013 Amendment)

Law of the People's Republic of China on the Protection of Consumer Rights and Interests (2013 Amendment) Law of the People's Republic of China on the Protection of Consumer Rights and Interests (Adopted at the 4th Session of the Standing Committee of the Eighth National People's Congress on October 31, 1993; amended for the first time in accordance with the Decision on Amending Some Laws adopted at the 10th Session of the Standing Committee of the Eleventh National People's Congress on August 27, 2009; and amended for the second time in accordance with the Decision on Amending the Law of the People's Republic of China on the Protection of Consumer Rights and Interests adopted at the 5th Session of the Standing Committee of the Twelfth National People's Congress on October 25, 2013) Table of Contents Chapter I General Provisions Chapter II Rights of Consumers Chapter III Obligations of Business Operators Chapter IV Protection of Lawful Rights and Interests of Consumers by the State Chapter V Consumer Organizations Chapter VI Settlement of Disputes Chapter VII Legal Liability Chapter VIII Supplementary Provisions Chapter I General Provisions Article 1 This Law is developed for the purposes of protecting the lawful rights and interests of consumers, maintaining the order of society and economy, and promoting the sound development of the socialist market economy. Article 2 The rights and interests of consumers purchasing and using commodities or receiving services for daily consumption shall be protected by this Law; or be protected by other applicable laws and regulations if this Law is silent. Article 3 In providing commodities produced or sold by them or services to consumers, business operators shall comply with this Law; or comply with other relevant laws and regulations if this law is silent. Article 4 In transactions, business operators and consumers shall adhere to the principles of free will, equality, fairness, and good faith. Article 5 The state shall protect the lawful rights and interests of consumers from infringement. The state shall take measures to ensure the exercise of rights by consumers in accordance with the law and protect the lawful rights and interests of consumers. The state advocates consumption in a civilized, healthy, resource conservation, and environmental protection manner, and opposes waste. Article 6 Protecting the lawful rights and interests of consumers is a common responsibility of the whole society. The state encourages and supports social supervision from all organizations and individuals over infringement upon the lawful rights and interests of consumers. The mass media shall conduct effective publicity regarding the protection of lawful rights and interests of consumers, and conduct supervision over infringement upon the lawful rights and interests of consumers through public opinions. Chapter II Rights of Consumers Article 7 In purchasing and using commodities or receiving services, consumers shall have the right to be free from damage to their personal and property safety. Consumers shall have the right to require business operators to provide commodities and services meeting the requirements for personal and property safety. Article 8 Consumers shall have the right to obtain true information on the commodities purchased or used or the services received. Consumers shall have the right to require business operator to provide the prices, origins, manufacturers, usages, performances, standards, grades, main ingredients, dates of production, useful life, certificates of inspection, use instructions, and after-sales services regarding commodities or provide information on the contents, standards and costs of services, among others, as the case may be. Article 9 Consumers shall have the right to independently choose commodities or services. Consumers shall have the right to independently choose business operators for the provision of commodities or services, independently choose the varieties of commodities or forms of services, and independently decide whether to buy any commodities or receive any services. In independently choosing commodities or services, consumers shall have the rights of comparison, identification and selection. Article 10 Consumers shall have the right to fair trading. In purchasing commodities or receiving services, consumers shall be entitled to fair trading conditions such as quality guarantee, reasonable prices and correct measurement, and have the right to refuse transactions forced by business operators. Article 11 Consumers suffering personal injury or property damage from their purchase or use of commodities or receipt of services shall be entitled to compensation in accordance with the law. Article 12 Consumers shall have the right to form social organizations in accordance with the law to protect their lawful rights and interests. Article 13 Consumers shall have the right to gain knowledge regarding consumption and protection of consumer rights and interests. Consumers shall endeavor to gain knowledge and build skills regarding the commodities or services needed, properly use commodities, and raise their awareness of self-protection. Article 14 In purchasing and using commodities or receiving services, consumers shall be entitled to human dignity, respect for their ethnic mores and customs, and legal protection of personal information. Article 15 Consumers shall have the right to conduct supervision over commodities, services, and the work on the protection of consumer rights and interests. Consumers shall have the right to report and allege infringement upon consumer rights and interests and violations of law or neglect of duty on the part of state organs and their employees in the protection of consumer rights and interests, and have the right to offer criticism or proposals regarding the protection of consumer rights and interests. Chapter III Obligations of Business Operators Article 16 In providing commodities or services to consumers, business operators shall fulfill their obligations in accordance with this Law and other applicable laws and regulations. Business operators shall fulfill their obligations as agreed upon with consumers, provided that the agreements with consumers are not in violation of the provisions of laws and regulations. In providing commodities or services to consumers, business operators shall adhere to social morality, operate business in good faith, and protect the lawful rights and interests of consumers; and shall neither set unfair or unreasonable trading conditions nor force consumers into any transactions. Article 17 Business operators shall hear consumers' opinions on their provided commodities or services, and accept consumers' supervision. Article 18 Business operators shall guarantee that their provided commodities or services meet the requirements on personal and property safety. For commodities and services which may endanger personal or property safety, business operators shall provide consumers with true explanations and clear warnings, explaining and indicating the correct methods of using commodities or receiving services and the methods for preventing damage. Business operators of hotels, shopping malls, restaurants, banks, airports, stations, ports, theaters, and other business premises shall fulfill their obligations to protect the safety of consumers. Article 19 After discovering any defects which may endanger personal or property safety in their provided commodities or services, business operators shall immediately report to the relevant administrative departments and inform consumers; and take measures such as cessation of sale, issuance of a warning, recall, harmless treatment, destruction, and cessation of production or service. If the measure of recall is taken, business operators shall reimburse consumers for necessary expenses incurred for the recall of commodities. Article 20 Business operators shall provide consumers with true and complete information on the quality, performance, use, and useful life, among others, of commodities or services; and shall not conduct any false or misleading promotion. Business operators shall provide true and definite answers to questions from consumers regarding the quality and use instructions of their provided commodities or services. Business operators shall clearly mark the prices of their provided commodities or services. Article 21 Business operators shall indicate their true names and signs. Business operators which lease counters or venues from others shall indicate their true names and signs. Article 22 Business operators providing commodities or services shall issue invoices and other purchase receipts or service documents to consumers in accordance with the relevant provisions of the state or commercial practices; and must issue the same upon request of consumers. Article 23 Business operators shall guarantee the quality, performances, use, and useful life of their provided commodities or services in the normal use of the commodities or receipt of services, except that consumers have known the existence of defects before purchasing the commodities or receiving the services and the existence of defects does not violate the mandatory provisions of law. Business operators which indicate the quality of commodities or service by advertising, product instructions, real samples, or other means shall guarantee that the actual quality of their provided commodities or services is consistent with the quality indicated. For durable commodities such as motor vehicles, computers, televisions, refrigerators, air conditioners, and washing machines and services such as decoration and remodeling services provided by business operators, if consumers discover any defects within six months of receiving commodities or services and disputes arise therefrom, business operators shall bear the burden of proof regarding the defects. Article 24 Where the commodities or services provided by business operators fail to meet the quality requirements, consumers may return them in accordance with the provisions of the state or as agreed upon by the parties, or require business operators to fulfill their obligations of replacement or repair, among others. In ......