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National 12315 Complaint and Reporting Platform

The national 12315 complaint and reporting platform will vary depending on the specific situation. The following is a detailed analysis: The opening of the "12315" consumer complaint and reporting hotline for consumer rights protection is the result of the State Administration for Industry and Commerce's original national information With the strong support of the Ministry of Industry, it was decided to set up a dedicated telephone number nationwide to handle consumer complaints and reports. Relying on the 12315 hotline, industrial and commercial administrative agencies at all levels across the country have established a 12315 consumer complaint reporting service network that uses modern information technology as the main means and integrates acceptance, investigation, and supervision, covering urban and rural areas across the country.

12315 Consumer Complaints and Reporting Procedures

1. Reception. The 12315 Consumer Complaints, Appeals and Reporting Center shall seriously receive complaints, appeals and reports from consumers by phone, in writing, on the Internet or by visiting.

2. Registration. Consumer complaints, appeals and reports must be registered, and the name, unit name, phone number, postal code, illegal facts and relevant clues and evidence of the respondent must be recorded in detail; the name, address and complaint of the complainant must be recorded in detail. Requirements must be recorded carefully. If the whistleblower is unwilling to reveal his name or identify himself, his wishes should be respected.

3. Acceptance. Complaints, appeals and reports that fall within the scope of the industrial and commercial administration authorities shall be handled in accordance with the "Consumer Rights Protection Law", the "Interim Measures for the Industrial and Commercial Administrative Authorities for Accepting Consumer Complaints", and the "Implementation Measures for the Industrial and Commercial Administrative Offices in Handling Consumer Complaints" Waiting for industrial and commercial administrative regulations to be accepted.

4. Processing. Cases with clear facts and simple circumstances that are suitable for on-the-spot investigation and handling using simplified procedures shall be handled promptly by the accepting authority or the local industrial and commercial office under jurisdiction; cases that need to be filed for investigation and handling shall be handled by relevant functional agencies according to the internal division of responsibilities of the industrial and commercial administrative organs.

For complaints involving consumer rights disputes that are civil disputes, the industrial and commercial administration authorities shall conduct mediation in accordance with relevant regulations

Legal basis:

"People's Republic of China*" Article 50 of the "Law of the People's Republic of China on the Protection of Consumer Rights and Interests" Article 50: If an operator has one of the following circumstances, the "Law of the People's Republic of China and Domestic Product Quality" and other relevant laws and regulations have provisions on the punishment authorities and punishment methods, It shall be implemented in accordance with the provisions of laws and regulations; if laws and regulations do not provide for it, the industrial and commercial administrative department shall order it to make corrections, and may issue a warning, confiscate the illegal income, and impose a fine of not less than one time but not more than five times the illegal income, depending on the circumstances, or in combination. Those who have no illegal income shall be fined not more than 10,000 yuan; if the circumstances are serious, they shall be ordered to suspend business for rectification and their business licenses shall be revoked:

(1) The goods produced and sold do not meet the requirements for protecting personal and property safety;< /p>

(2) Mixing or adulterating goods, passing off fake goods as genuine, substandard goods as good ones, or passing off unqualified goods as qualified goods;

(3) Producing country’s express orders Obsolete goods or selling expired or spoiled goods;

(4) Forging the origin of goods, forging or impersonating other people’s factory names and addresses, forging or impersonating quality marks such as certification marks, famous and quality marks, etc.

(5) The goods sold should be inspected and quarantined but are not inspected and quarantined or the inspection or quarantine results are forged;

(6) Misleading information about goods or services False propaganda;

(7) Deliberately delaying or unreasonably rejecting consumers' requests for repairs, reworks, replacements, returns, replenishing the quantity of goods, refunding payment and service fees, or compensation for losses. ;

(8) Infringement of consumers' personal dignity or personal freedom;

(9) Other circumstances that stipulate in laws and regulations that should punish consumers' rights and interests. .

"Consumer Rights and Interests Protection Law of the People's Republic of China"

Article 2 Consumers who purchase and use goods or receive services for daily consumption shall have their rights and interests governed by this law Protection; if this law does not provide for it, it shall be protected by other relevant laws and regulations.

Article 3 Business operators who provide consumers with the goods they produce or sell or provide services shall abide by this law; if this law does not provide for them, they shall abide by other relevant laws and regulations.

Article 5 The state protects the legitimate rights and interests of consumers from infringement. The state takes measures to ensure that consumers exercise their rights in accordance with the law and safeguard their legitimate rights and interests.

The state advocates civilized, healthy, resource-saving and environmentally friendly consumption patterns, and opposes waste.

"Regulations on Industrial and Commercial Administration Offices" Article 6 The responsibilities of industrial and commercial offices include:

(1) Handle the preliminary review and registration of enterprises registered and managed by district and county industrial and commercial bureaus within their jurisdiction. Review procedures for annual inspection and license renewal, and supervise and manage enterprises approved and registered by the district and county industrial and commercial bureaus;

(2) Manage the fairs within the jurisdiction and supervise the trade and economic activities of the fairs;

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(3) Supervise and inspect the conclusion and performance of economic contracts within the jurisdiction, and mediate economic contract disputes;

(4) Accept, preliminary review, and report the opening, modification, and closure of individual industrial and commercial households within the jurisdiction Supervise and manage the production and business activities of individual industrial and commercial households according to the application matters;

(5) Guide enterprises, institutions and individual industrial and commercial households within the jurisdiction to correctly apply for trademark registration, and supervise and manage their use of trademarks;

(6) Supervise and manage advertisements set up and posted within the jurisdiction;

(7) Collect and hand over various industrial and commercial fees, fines and property in accordance with regulations;

(8) Promote industrial and commercial administrative laws, regulations and relevant policies;

(9) Other industrial and commercial administrative responsibilities stipulated in laws and regulations.