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The industrial and commercial department has seven types of complaints that will not be accepted:
1. Those falling within the scope of responsibilities of the industrial and commercial administrative department ;
2. The goods have exceeded the shelf life and the respondent is no longer liable for breach of contract;
3. Mediation organized by the industrial and commercial administration department;
4. The Association or other organizations such as the People’s Mediation Organization have mediated or are handling the case;
5. The court, arbitration institution or other administrative department has accepted or handled the case;
6. Consumers know or should know that their rights and interests have been infringed for more than one year, or consumers cannot prove that their rights and interests have been infringed;
7. In compliance with national laws, regulations and rules.
Information expansion
The Administration for Industry and Commerce is the government department in charge of market supervision and administrative law enforcement. According to the "Notice of the State Council on Institutional Establishment" (Guofa [2008] No. 11), the State Administration for Industry and Commerce (at the ministerial level) was established as an agency directly under the State Council.
In March 2018, the State Administration for Industry and Commerce was no longer retained and the State Administration for Market Regulation was established.
Main Responsibilities of the Administration for Industry and Commerce
(1) Responsible for the work related to market supervision and administrative law enforcement, drafting relevant draft laws and regulations, and formulating industrial and commercial administrative regulations and policies.
(2) Responsible for the registration, supervision and management of market entities such as various enterprises, farmers' professional cooperatives, units and individuals engaged in business activities, and permanent representative offices of foreign (regional) enterprises, and responsible for investigation and punishment according to law Liability for operating without a license.
(3) Be responsible for regulating and maintaining the order of various market operations in accordance with the law, and be responsible for supervising and managing market transactions and online commodity transactions and related services.
(4) Responsible for supervising and managing the quality of commodities in the circulation field, organizing and carrying out consumer rights protection work in the service field, investigating and punishing illegal activities such as counterfeiting and shoddy products according to the division of labor, and guiding consumer consultation, complaints, report acceptance, processing and networking System construction and other work to protect the legitimate rights and interests of operators and consumers.
(5) Be responsible for investigating and handling illegal direct selling and pyramid schemes cases, and supervise and manage direct selling enterprises, direct sellers and their direct selling activities in accordance with the law.
(6) Responsible for anti-monopoly law enforcement in the areas of monopoly agreements, abuse of market dominance, and abuse of administrative power to eliminate and restrict competition (except for price monopoly behaviors). Investigate and deal with unfair competition, commercial bribery, smuggling and other economic violations in accordance with the law.
(7) Responsible for supervising and managing brokers, brokerage institutions and brokerage activities in accordance with the law.
(8) Implement contract administrative supervision and management in accordance with the law, be responsible for managing the registration of chattel mortgages, organize, supervise and manage auctions, and investigate and deal with contract fraud and other illegal activities in accordance with the law.
(9) Guide the development of the advertising industry and be responsible for the supervision and management of advertising activities.
(10) Responsible for trademark registration and management, protecting trademark exclusive rights and investigating trademark infringements in accordance with the law, handling trademark disputes, and strengthening the identification and protection of well-known trademarks. Responsible for the registration, filing and protection of special signs and official signs.
(11) Organize and guide the credit classification management of enterprises, individual industrial and commercial households, and commodity trading markets, research and analyze and publish basic registration information of market entities, trademark registration information, etc. in accordance with the law, to provide government decision-making and the public with Information Services.
(12) Responsible for the service, supervision and management of the business activities of individual industrial and commercial households and private enterprises.
(13) Carry out international cooperation and exchanges in industrial and commercial administration.
(14) Lead the national industrial and commercial administrative work.
(15) Undertake other matters assigned by the State Council.