(1997 65438+adopted at the 29th meeting of the Standing Committee of the Eighth NPC on February 29th1997 65438+promulgated by Decree No.92 of the President of the People's Republic of China on February 29th, and effective as of May 6th, 2005).
catalogue
Chapter I General Principles
Chapter II Price Behavior of Operators
Chapter III Government Pricing Behavior
Chapter IV Regulation of General Price Level
Chapter V Price Supervision and Inspection
Chapter VI Legal Liability
Chapter VII Supplementary Provisions
Chapter I General Principles
Article 1 This Law is formulated for the purpose of regulating price behavior, giving full play to the role of price in the rational allocation of resources, stabilizing the overall market price level, protecting the legitimate rights and interests of consumers and business operators, and promoting the healthy development of the socialist market economy.
Article 2 This Law is applicable to price behaviors occurring within the territory of People's Republic of China (PRC).
The prices mentioned in this Law include commodity prices and service prices.
Commodity prices refer to the prices of various tangible products and intangible assets.
Service price refers to the charges for various paid services.
Article 3 The state practices and gradually improves the mechanism that prices are mainly set by the market under macro-control. The pricing should conform to the law of value. Most goods and services are subject to market-regulated prices, and very few goods and services are subject to government-guided prices or government pricing.
Market-regulated price refers to the price set by operators independently and formed through market competition.
The term "business operators" as mentioned in this Law refers to legal persons, other organizations and individuals engaged in producing and dealing in commodities or providing paid services.
Government-guided price refers to the price set by the competent pricing department of the government or other relevant departments in accordance with the provisions of this law. The benchmark price and its floating range are set according to the pricing authority and scope to guide operators in setting prices.
Government pricing refers to the price set by the competent pricing department of the government or other relevant departments in accordance with the pricing authority and scope stipulated in this Law.
Article 4 The state supports and promotes fair, open and legal market competition, maintains normal price order, and exercises management, supervision and necessary regulation over price activities.
Article 5 The competent price department of the State Council shall be responsible for the national price work. Other relevant departments in the State Council are responsible for the relevant price work within their respective responsibilities.
The price departments of local people's governments at or above the county level shall be responsible for the price work within their respective administrative areas. Other relevant departments of the local people's governments at or above the county level shall be responsible for the relevant price work within the scope of their respective duties.
Chapter II Price Behavior of Operators
Article 6 The prices of goods and services shall be subject to market-regulated prices in addition to government-guided prices or government-set prices in accordance with the provisions of Article 18 of this Law, and shall be determined by business operators independently in accordance with this Law.
Article 7 The pricing of business operators shall follow the principles of fairness, legality, honesty and credibility.
Article 8 The basic basis for pricing by operators is the production and operation costs and market supply and demand.
Article 9 Operators should strive to improve production and operation management, reduce production and operation costs, provide consumers with goods and services at reasonable prices, and obtain legitimate profits in market competition.
Article 10 Business operators shall establish and improve the internal price management system according to their business conditions, accurately record and verify the production and operation costs of goods and services, and shall not resort to deceit.
Eleventh operators enjoy the following rights in price activities:
Independently set prices regulated by the market;
(two) to set the price within the scope stipulated by the government guidance price;
(three) to set the trial sale price of new products within the scope of government-guided prices and government-priced products, except for specific products;
(four) to report and accuse violations of their independent pricing rights according to law.
Twelfth operators in price activities, should abide by laws and regulations, the implementation of government guidance and government pricing.
Price and statutory price interventions and emergency measures.
Article 13 When selling, buying goods and providing services, business operators shall clearly mark the prices in accordance with the provisions of the competent pricing department of the government, indicating the commodity name, place of origin, specifications, grade, pricing unit, price or service items, charging standards and other relevant information.
Operators shall not sell goods at a price higher than the marked price, and shall not charge any unspecified fees.
Fourteenth operators shall not have the following unfair price behavior:
(1) colluding with each other to manipulate market prices and harming the legitimate rights and interests of other business operators or consumers;
(2) In order to crowd out competitors or monopolize the market, dumping at a price lower than the cost, disrupting the normal production and operation order, and damaging the interests of the state or the legitimate rights and interests of other operators, in addition to handling fresh goods, seasonal goods and overstocked goods at reduced prices according to law;
(3) fabricating and disseminating information about price increases, driving up prices, and driving up commodity prices too high;
(four) using false or misleading price means to trick consumers or other operators into trading with them;
(5) Providing the same goods or services and discriminating against other business operators on the same trading terms;
(6) buying or selling goods or providing services by raising or lowering the grade, etc., and raising or lowering the price in disguise;
(seven) profiteering in violation of laws and regulations;
(8) Other unfair price behaviors prohibited by laws and administrative regulations.
Article 15 All kinds of intermediary agencies shall abide by the provisions of this Law when collecting fees for providing paid services. Where there are other provisions in the law, those provisions shall prevail.
Article 16 Operators selling imported goods and purchasing export goods shall abide by the relevant provisions of this chapter and maintain the order of the domestic market.
Seventeenth trade organizations should abide by the price laws and regulations, strengthen price self-discipline, and accept the guidance of the government price department.
Chapter III Government Pricing Behavior
Eighteenth the prices of the following goods and services, the government can implement government guidance or government pricing when necessary:
(a) the prices of a few commodities that have a significant impact on the development of the national economy and people's lives;
(2) The prices of commodities with scarce resources;
(three) the price of commodities operated by natural monopoly;
(4) Important public utility prices;
(5) Prices of important public services.
Article 19 The pricing authority and specific scope of application of government-guided prices and government pricing are based on the central and local pricing catalogues.
The central pricing catalogue shall be formulated and revised by the competent price department of the State Council, and published after being approved by the State Council.
The local pricing catalogue shall be formulated by the competent pricing departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government in accordance with the pricing authority and specific scope of application stipulated in the central pricing catalogue, and shall be published after being audited by the people's government at the corresponding level and reported to the competent pricing department of the State Council for examination and approval.
The people's governments of provinces, autonomous regions and municipalities directly under the Central Government and the local people's governments below them shall not formulate pricing catalogues.
Twentieth the State Council price departments and other relevant departments, in accordance with the provisions of the central pricing catalog pricing authority and specific scope of application, the development of government guidance prices, government pricing; Government-guided prices and government pricing of important commodities and services shall be approved by the State Council in accordance with relevant regulations.
The price departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government and other relevant departments shall, in accordance with the pricing authority and specific scope of application stipulated in the local pricing catalogue, formulate government-guided prices and government pricing in their respective regions.
The people's governments of cities and counties may, under the authorization of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, formulate the government-guided prices and government-set prices implemented in their respective regions in accordance with the pricing authority and specific scope of application stipulated in the local pricing catalogue.
Article 21 In formulating government-guided prices and government-set prices, reasonable purchase and sale price difference, wholesale and retail price difference, regional price difference and seasonal price difference shall be implemented according to the social average cost, market supply and demand situation, national economic and social development requirements and social affordability of related commodities or services.
Twenty-second government price departments and other relevant departments shall conduct price and cost surveys and listen to the opinions of consumers, business operators and relevant parties when formulating government-guided prices and government-set prices.
When the competent price department of the government investigates the government-guided price, the price and cost set by the government, the relevant units shall truthfully reflect the situation and provide the necessary account books, documents and other materials.
Article 23 In formulating government-guided prices and government-set prices such as public utility prices, public service prices and natural monopoly commodity prices closely related to the vital interests of the people, a hearing system presided over by the government price department shall be established to listen to the opinions of consumers, operators and relevant parties and demonstrate its necessity and feasibility.
Twenty-fourth government-guided prices and government-set prices shall be announced to consumers and operators by the price-setting department.
Twenty-fifth government-guided prices, the specific scope of application of government pricing, and the price level should be adjusted in a timely manner according to the economic operation and in accordance with the prescribed pricing authority and procedures.
Consumers and business operators can make adjustment suggestions on government-guided prices and government pricing.
Chapter IV Regulation of General Price Level
Article 26 Stabilizing the overall market price level is an important macroeconomic policy goal of the state. According to the needs of national economic development and social affordability, the state determines the goal of regulating the overall market price level, which is included in the national economic and social development plan, and is realized by comprehensively applying policies and measures in the fields of currency, finance, investment, import and export.
Article 27 The government may establish an important commodity reserve system, set up a price adjustment fund, regulate prices and stabilize the market.
Twenty-eighth in order to meet the needs of price regulation and management, the government price department should establish a price monitoring system to monitor the price changes of important commodities and services.
Twenty-ninth when the market purchase price of grain and other important agricultural products is too low, the government can implement protective prices in the purchase and take corresponding economic measures to ensure their realization.
Article 30 When the prices of important commodities and services have obviously increased or may obviously increase, the people's governments of the State Council and provinces, autonomous regions and municipalities directly under the Central Government may take intervention measures such as limiting the price difference rate or profit rate, setting price limits, implementing the price increase declaration system and the price adjustment filing system.
If the people's governments of provinces, autonomous regions and municipalities directly under the Central Government take the intervention measures specified in the preceding paragraph, they shall report to the State Council for the record.
Article 31 When the general market price level is in an abnormal state such as violent fluctuation, the State Council may take emergency measures such as temporary centralized pricing, partial or total price freezing, etc. in the whole country or some regions.
Article 32 After the circumstances of implementing intervention measures and emergency measures in accordance with the provisions of Articles 30 and 31 of this Law are eliminated, the intervention measures and emergency measures shall be lifted in time.
Chapter V Price Supervision and Inspection
Article 33 The competent price departments of the people's governments at or above the county level shall supervise and inspect price activities according to law, and impose administrative penalties on price violations in accordance with the provisions of this Law.
Thirty-fourth government departments in charge of price supervision and inspection, can exercise the following functions and powers:
Inquire about the parties concerned or relevant personnel and ask them to provide certification materials and other materials related to price violations;
(2) Inquiring and copying account books, bills, vouchers, documents and other materials related to price violations, and consulting bank materials related to price violations;
(three) to inspect the property related to price violations, and to order the parties to suspend the relevant business when necessary;
(four) in the case that the evidence may be lost or difficult to obtain later, it may be registered and preserved in advance according to law, and the parties or relevant personnel may not transfer, conceal or destroy it.
Article 35 When accepting the supervision and inspection by the competent price department of the government, business operators shall truthfully provide the account books, bills, vouchers, documents and other materials needed for price supervision and inspection.
Article 36 The price staff of government departments shall not use the information or materials obtained according to law for purposes other than price management according to law, and shall not disclose the business secrets of the parties concerned.
Thirty-seventh consumer organizations, workers' price supervision organizations, residents' committees, villagers' committees and other organizations and consumers have the right to conduct social supervision over price behavior. Government price departments should give full play to the role of the masses in price supervision.
News organizations have the right to supervise prices by public opinion.
Thirty-eighth government departments in charge of prices shall establish a reporting system for price violations.
Any unit or individual has the right to report price violations. The competent price department of the government shall encourage informants and be responsible for keeping secrets for informants.
Chapter VI Legal Liability
Thirty-ninth operators who do not implement government-guided prices, government-set prices, legal price intervention measures and emergency measures shall be ordered to make corrections, their illegal income shall be confiscated, and they may be fined not more than five times their illegal income; If there is no illegal income, a fine may be imposed; If the circumstances are serious, it shall be ordered to suspend business for rectification.
Article 40 A business operator who commits one of the acts listed in Article 14 of this Law shall be ordered to make corrections, his illegal income shall be confiscated, and he may also be fined not more than five times his illegal income. If there is no illegal income, it shall be given a warning and may be fined; If the circumstances are serious, it shall be ordered to suspend business for rectification, or its business license shall be revoked by the administrative department for industry and commerce. Where the relevant laws provide otherwise for the punishment of the acts listed in Article 14 of this Law and the punishment organ, the provisions of the relevant laws may be followed.
If the acts listed in Items (1) and (2) of Article 14 of this Law are national, they shall be determined by the competent price department of the State Council; Belonging to provincial and sub-provincial areas, it shall be determined by the competent price departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
Forty-first operators due to price violations caused by consumers or other operators to pay more, it shall return the overpaid part; If damage is caused, it shall be liable for compensation according to law.
Forty-second operators who violate the provisions of clearly marked prices shall be ordered to make corrections, their illegal income shall be confiscated, and they may also be fined up to 5,000 yuan.
Article 43 Where an operator is ordered to suspend related business without stopping, or transfers, conceals or destroys property registered and preserved according to law, he shall be fined for related business income or the value of the transferred, concealed or destroyed property is more than one time but less than three times.
Forty-fourth whoever refuses to provide the necessary information for supervision and inspection or provides false information in accordance with the regulations shall be ordered to make corrections and given a warning; If no correction is made within the time limit, a fine may be imposed.
Article 45 Where local people's governments at all levels or relevant departments of people's governments at all levels, in violation of the provisions of this Law, set or adjust prices without authorization, or fail to implement statutory price intervention measures or emergency measures, they shall be ordered to make corrections and may be given informed criticism; The directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law.
Forty-sixth price staff who disclose state secrets and commercial secrets, abuse their powers, engage in malpractices for selfish ends, neglect their duties, and ask for bribes, which constitutes a crime, shall be investigated for criminal responsibility according to law; If it does not constitute a crime, it shall be punished according to law.
Chapter VII Supplementary Provisions
Article 47 State administrative organs shall collect fees according to law, strictly control the charging items, and limit the charging scope and standards. The specific measures for the administration of fees shall be formulated separately by the State Council.
Interest rates, exchange rates, insurance rates, securities and futures prices shall be governed by relevant laws and administrative regulations, but this Law shall not apply.
Article 48 This Law shall come into force as of May 6, 2008.