1. Chapter III is revised as: obligations of operators
2. Chapter IV is revised as: supervision and management
3. Chapter V and Chapter VI are merged into Chapter V: Legal liabilities
4. Chapter VII Supplementary Provisions are changed to Chapter VI. Chapter II is revised as related clauses
1. Two articles are deleted. Articles 2 and 27.
2. Sixteen articles are added. Respectively as Article 4, Article 9, Article 19, Article 2, Article 24, Article 25, Article 26, Article 27, Article 28, Article 29, Article 3, Article 31, Article 32, Article 36, Article 39 and Article 4. Iii. revision of the contents of relevant clauses
1. article 1 is revised as follows: in order to protect the legitimate rights and interests of consumers and strengthen social supervision over operators, these regulations are formulated in accordance with the law of the people's Republic of China on the protection of consumers' rights and interests and relevant laws and regulations, combined with the actual situation of this province.
2. one article is added as article 4: the people's governments at or above the county level shall establish an office meeting system for the protection of consumers' rights and interests, and be responsible for organizing, coordinating and urging the relevant administrative departments to do a good job in protecting consumers' legitimate rights and interests.
3. Article 4 is amended as Article 5: People's governments at all levels are responsible for organizing the implementation of these Regulations, and the administrative department for industry and commerce is mainly responsible for the specific implementation in conjunction with relevant departments.
4. One paragraph is added as the last paragraph of Article 7: Other rights stipulated in the Law of the People's Republic of China on the Protection of Consumer Rights and Interests and relevant laws and regulations.
5. One article is added as Article 9: When providing commodities or services to consumers, business operators shall perform their obligations in accordance with the Law of the People's Republic of China on the Protection of Consumers' Rights and Interests, the Law of the People's Republic of China on Product Quality and other relevant laws, regulations and provisions.
6. Article 8 is revised as Article 1: We must pay attention to professional ethics, follow the principles of voluntariness, equality, fairness, honesty and credibility, serve warmly and be polite to customers, and must not engage in fraud or harm the legitimate rights and interests of consumers.
7. article 9 is amended as article 11: the products produced and sold must meet the quality standards stipulated by the state, and they must be accompanied by inspection certificates, easy-to-identify instructions in Chinese, factory name, address, production date and main components. Commodities with a shelf life must truthfully indicate the validity period or safe use period. Imported goods must be inspected by the relevant state inspection departments. The production and marketing of drugs by enterprises shall be examined and approved by the health administrative organ according to regulations.
8. article 11 is amended as article 13: the sale of goods and the provision of services must be clearly marked and prominently announced, and shall not violate the national price management regulations. Do not drive up prices and profiteer, and do not buy or sell by force. For goods sold at reduced prices, the price tag should be true.
9. Article 13 is amended as Article 15: Where a commodity or service is provided and undertakes the warranty, replacement, return, rework, improvement or other responsibilities in accordance with state regulations or agreements with consumers, it shall not be deliberately delayed or unreasonably refused.
if a consumer thinks it inappropriate to ask for a return on the spot after purchasing a commodity, the business operator shall not refuse or charge a fee.
to operate household appliances, you must have maintenance conditions or entrust a repair unit.
1. Article 11 is amended as Article 17: Services provided to consumers must meet the prescribed quality standards, charging standards and safety and health requirements. To provide optional services, the consent of consumers must be obtained in advance.
11. One article is added as Article 19: The supervision and inspection of goods and services by relevant administrative departments and the investigation of consumer complaints by consumer associations shall not be refused or obstructed.
12. one article is added as article 2: it is the common responsibility of the whole society to protect the legitimate rights and interests of consumers. Encourage and support all organizations and individuals to conduct social supervision over acts that harm the legitimate rights and interests of consumers.
13. Article 17 is amended as Article 21: People's governments at all levels shall strengthen their leadership in protecting the legitimate rights and interests of consumers. Industry and commerce, public security, technical supervision, price, health, commodity inspection, tobacco monopoly and other administrative organs, industry departments and judicial organs shall, according to their respective functions and duties, strengthen the management and supervision of production and business activities, and promptly investigate and punish acts that violate national laws and regulations and the provisions of this Ordinance and harm the legitimate rights and interests of consumers.
14. Article 18 is amended as Article 22: The mass media have the obligation to publicize and safeguard the legitimate rights and interests of consumers, and to supervise by public opinion acts that harm the legitimate rights and interests of consumers. No unit or individual may interfere with or suppress the true reports about protecting the legitimate rights and interests of consumers.
15. article 19 is amended as article 23: consumers' associations shall be established in administrative areas at or above the county level. A consumer association is a social organization established according to law to safeguard the legitimate rights and interests of consumers. It can develop individual members and group members, and its office is located in the administrative department for industry and commerce of the people's government at the same level. City, county (District) can establish consumer associations' grassroots complaint points in towns, streets, etc. as needed. Consumers' associations perform the following duties:
(1) to publicize laws and regulations protecting consumers' rights and interests, to investigate, compare and publish the quality, price, performance and use of goods and services, to provide consumers with consumption information and consulting services, and to guide consumers to consume correctly;
(2) accepting consumer complaints and investigating and mediating consumer disputes;
(3) to assist relevant government departments in inspecting the quality, price and measurement of goods and services. Criticize, expose or suggest administrative organs to deal with acts that harm the legitimate rights and interests of consumers;
(4) tracking the quality of goods and services, feeding back information to operators, and organizing consumers to select satisfactory goods and services;
(5) Inquiries can be made to the relevant departments concerning the legitimate rights and interests of consumers, and the relevant departments should reply;
(6) support the majority of consumers whose agents are not specific, and bring a lawsuit against acts that seriously damage the legitimate rights and interests of consumers.
16. One article is added as Article 24: People's governments at all levels and relevant administrative departments shall support the work of consumer associations and ensure the normal performance of their functions and necessary funds.
17. One article is added as Article 25: Disputes over consumers' rights and interests between consumers and business operators shall be settled in accordance with the Law of the People's Republic of China on the Protection of Consumers' Rights and Interests and other relevant laws and regulations.
18. One article is added as Article 26: If the goods or services provided by business operators have quality problems, they shall be responsible for repairing, replacing, returning goods or redoing and improving them according to the requirements of consumers, and shall not charge any fees. Except as otherwise provided by laws and regulations.
If there are quality problems in commodities or services, consumers have the right to ask for repair, replacement, return or rework or improvement within the following time limits:
(1) If there is a time limit stipulated by laws and regulations, it shall be implemented in accordance with the provisions;
(2) If the time limit is not stipulated by laws and regulations, the business operator may make an agreement with the consumer, and if the business operator makes an agreement with the consumer by means of format contract or store notice, the time limit shall not be less than 3 months;
(3) if the time limit is not stipulated by laws and regulations, and the time limit is not agreed between the business operator and the consumer, it is 6 months.
19. one article is added as article 27: if there is no warranty point or the warranty point has been revoked during the warranty period of the goods subject to warranty repair, the seller of the goods shall be responsible for repairing, replacing or returning the goods according to the requirements of consumers.
2. one article is added as article 28: if the goods need to be transported or mailed during the warranty period due to quality problems, the business operator shall bear the round-trip transportation or mailing expenses, or take the initiative to provide on-site service or transportation tools.
21. One article is added as Article 29: If there are quality problems in the goods or services provided by operators, and consumers are delayed for work without reason in the process of repair, replacement, return or rework or improvement, they shall be compensated twice for the loss of work. The compensation standard is calculated with reference to the average wage of employees in this province in the previous year provided by the Provincial Bureau of Statistics.
22. One article is added as Article 3: If the consumer requests to return the goods due to quality problems, the payment will be refunded at the original price when the price drops; When the price rises, the payment will be refunded at the new price. Unless otherwise stipulated by laws and regulations or otherwise agreed by both parties.
23. One article is added as Article 31: When a business operator provides goods or services that cause personal injury, disability or death to consumers or other victims (hereinafter referred to as victims) due to quality problems, it shall pay the expenses according to the items specified in Articles 41 and 42 of the Consumer Protection Law of the People's Republic of China and the following standards:
(1) Medical expenses shall be paid to the victims according to the hospital.
(2) Nursing expenses during treatment. If the victim can't take care of himself during hospitalization, it shall be calculated according to the cost of hiring a local nursing staff;
(3) The income reduced due to absenteeism shall be calculated according to the actual income reduced by the victim due to absenteeism; If it is difficult to confirm the actual income, the average annual salary of local employees shall be taken as the standard;
(4) The cost of self-help appliances for the disabled shall be calculated according to the cost of popular appliances;
(5) The living allowance for the disabled is calculated at 1 to 2 times of the local average annual living expenses according to the disability level of the victim;
(6) Disability compensation, which is calculated according to the disability level of the victim and 5 to 1 times of the average annual salary of local employees;
(7) Funeral expenses shall be calculated according to the charging standard of basic services of local funeral units
(8) Death compensation shall be calculated according to 2 times of the local average annual living expenses;
(9) The living expenses of the people raised by the deceased before his death shall be based on the local average annual living expenses, and those under the age of 18 shall be counted as raised to the age of 18; For others who have no ability to work, it is calculated as 2 years of support.
if there are other provisions in the preceding paragraph in laws and regulations, those provisions shall prevail. The expenses paid in accordance with the provisions of the preceding paragraph shall be compensated in one lump sum.
the average annual salary of local employees mentioned in this article refers to the average annual salary of employees in this region published by the statistics department of the local municipal or county people's government; The local average annual living expenses stipulated in this article refers to the per capita living consumption expenditure of urban households or peasant households in the previous year published by the statistics department of the provincial people's government.
24. one article is added as article 32: if a business operator commits any of the following fraudulent acts in providing goods or services, it shall increase the compensation for the losses it has suffered according to the requirements of consumers, and the amount of the increased compensation shall be twice the price of the goods purchased by consumers or the cost of receiving services. In addition to compensating consumers for losses, if it is necessary to be punished, it shall be implemented in accordance with the provisions of Article 33 of this Ordinance.
(1) employing others to conduct deceptive sales inducement;
(2) making false live demonstrations and explanations;
(3) doping, adulterating, passing off fake goods as genuine ones, passing off inferior goods as good ones, or selling goods that are known to be invalid, deteriorated or polluted;
(4) selling goods that are prohibited by the state;
(5) raising commodity prices in disguise by means of short scales and less scales;
(6) adopting deceptive prices such as false clearance price, sale price, lowest price and preferential price;
(7) intentionally damaging or replacing spare parts that do not need to be replaced for the repaired goods;
(8) selling commodities or providing services by means of false commodity descriptions, commodity standards or physical samples;
(9) forging the place of origin of commodities, forging or falsely using the name and address of others;
(1) selling goods such as "substandard goods", "defective products" and "off-grade" without marking them;
(11) selling goods with counterfeit registered trademarks of others;
(12) forging or fraudulently using quality marks such as certification marks and famous brand marks;
(13) not engaging in business activities with real names and marks, which damages the legitimate rights and interests of consumers;
(14) publishing false advertisements to deceive and mislead consumers, thus damaging the legitimate rights and interests of consumers who purchase goods or receive services;
(15) committing other fraudulent acts.
if fraud is the behavior of producers or other business operators, the seller shall compensate the consumers; After compensation, the seller may claim compensation from the producers or other operators who commit fraud according to law.
25. Article 22 is amended as Article 33: If the operator's behavior that damages the legitimate rights and interests of consumers should be punished, if there are provisions in the Product Quality Law of the People's Republic of China and other laws and regulations, if there are no provisions in the laws and regulations, the administrative department for industry and commerce shall, in accordance with the provisions of Article 5 of the Law of the People's Republic of China on the Protection of Consumers' Rights and Interests, punish it according to the circumstances or impose a warning. If the circumstances are serious, it shall be ordered to stop rectification and revoke its business license.
26. One article is added as Article 36: If law enforcement departments and law enforcement personnel neglect their duties, abuse their powers or engage in malpractices for selfish ends, they shall be given administrative sanctions by their units or higher authorities; If a crime is constituted, criminal responsibility shall be investigated according to law.
27. one article is added as article 39: the purchase and use of means of production directly used for agricultural production by farmers shall be implemented with reference to these regulations.
28. One article is added as Article 4: The principles of these Regulations are also applicable to third parties who suffer personal and property damage due to substandard products.
In addition, according to this decision, the text of some articles and the order of articles are modified and adjusted accordingly.
this decision shall come into force as of the date of adoption.
The Regulations of Anhui Province on Protecting the Legal Rights and Interests of Consumers, which was adopted at the seventh meeting of the Standing Committee of the Seventh People's Congress of Anhui Province on December 15, 1988, was revised accordingly and re-promulgated.