Anxi County People's Government's Interim Measures for the Supervision and Administration of E-commerce in Anxi County is a local guiding policy document!
Anxi County People's Government on Issuing the "Anxi County e-commerce"
Notice of the Interim Measures for Supervision and Administration
Township people's governments, county-level units and industrial park management committees:
The Interim Measures for the Supervision and Administration of E-commerce in Anxi County have been studied and agreed by the county magistrate's office, and are hereby issued to you, please follow them.
Attachment: Interim Measures for the Supervision and Administration of Electronic Commerce in Anxi County
Anxi county people's government
Interim Measures for the Supervision and Administration of Electronic Commerce in Anxi County
Article 1 In order to maintain the normal order of e-commerce business activities in our county, promote the healthy and orderly development of e-commerce in our county, standardize e-commerce business entities and their trading behaviors in our county, investigate and deal with illegal acts in e-commerce business activities, and effectively protect the legitimate rights and interests of operators and consumers, these measures are formulated in accordance with the provisions of relevant national laws and regulations and combined with the actual situation of our county.
Article 2 The term "e-commerce" as mentioned in these Measures refers to the commercial forms that rely on the Internet to trade goods and services and provide related services. Specifically, it is divided into transactions and services concluded between enterprises (B2B), between enterprises and consumers (B2C) and between individuals (C2C) through network communication.
Article 3 E-commerce business entities mentioned in these Measures refer to natural persons, legal persons and other economic organizations that use the Internet to engage in commodity business and profit-making services (hereinafter referred to as commodities including services) and publish business information, as well as website operators who provide online trading platform services and operators who provide basic services for online commodity trading.
Online commodity operators refer to operators who engage in commodity trading through the Internet (including self-built websites or online trading platforms).
Service operators of online commodity trading platforms refer to operators who provide trading platforms, business information publishing platforms and other services for engaging in online commodity trading.
Operators of basic services for online commodity trading refer to those who provide services such as server hosting, virtual space leasing, line leasing, website building services, and domain name agent registration for online commodity trading activities.
All business entities engaged in e-commerce business activities within the administrative area of Anxi County shall be subject to the adjustment and restraint of these measures.
Article 4 The Anxi County E-commerce Leading Group established by the Anxi County People's Government (hereinafter referred to as the Leading Group) is a specialized agency to promote and standardize the development of e-commerce, and is responsible for coordinating, promoting, supervising and managing the county's e-commerce activities. Its daily work is the responsibility of the leading group office, which is located in Anxi County Administration for Industry and Commerce. The office of the leading group is responsible for the cultivation, supervision and management of e-commerce within the administrative area of Anxi County, and organizes the implementation of these measures. Relevant functional departments shall, according to their respective responsibilities and under the unified coordination of the Office of the Leading Group, make concerted efforts and actively cooperate to form a joint force to do a good job in promoting the development of e-commerce and related supervision and management.
Article 5 The Anxi County E-commerce Monitoring Center shall be established, and the Anxi County Administration for Industry and Commerce shall be responsible for the construction, maintenance and operation. The leading group dynamically monitors e-commerce business activities in real time, locks effective electronic data, fixes activity traces, and quickly extracts electronic evidence; Record and register the subject data, inspection supervision data and credit information of network e-commerce; Online acceptance, online mediation and online settlement of complaints, reports and consultations of online consumers and operators to supplement the existing consumer rights protection mechanism; Based on the platform database, combined with online inspection records, illegal behavior investigation results and consumer complaints and reports, the network supervision analysis report and special monitoring report are regularly summarized to provide reference for the macro-decision of the county party Committee and the government.
Article 6 Encourage and support the development of e-commerce, implement active fiscal and taxation support policies, and promote the development of network economy. Improve the overall application level and market competitiveness of county e-commerce, and give play to the role of network economy in promoting national economic and social development.
Article 7 The administrative department for industry and commerce and other relevant functional departments shall, in accordance with their duties, provide a fair, just, standardized and orderly market environment for the development of e-commerce, advocate and create an honest market atmosphere, and protect the legitimate rights and interests of consumers and operators.
Article 8 The administrative department for industry and commerce and other relevant functional departments shall, in accordance with their duties, develop the credit system of county enterprises, expand the information and contents related to e-commerce in the joint credit information system, grasp the credit status of e-commerce business entities, and establish credit files of e-commerce business entities.
Article 9 Encourage and support Anxi E-commerce Association to establish a network credit system, strengthen industry self-discipline and promote industry credit construction.
Tenth e-commerce business entities should abide by the provisions of laws, regulations and rules in e-commerce business activities, follow the principles of fairness, justice, equality, voluntariness, honesty and credit, and abide by recognized business ethics.
Article 11 A legal person, other economic organization or individual industrial and commercial household that has been registered by the administrative department for industry and commerce and obtained a business license shall disclose the information published in the business license or the electronic link logo of the business license in a prominent position on the main page of its website or the webpage engaged in business activities.
Apply to the administrative department for industry and commerce for e-commerce entity registration, and you can get the electronic link logo of the business license. The contents of e-commerce business entity registration include entity name, entity type, website name, website domain name, IP address, website type, ICP license number, ISP provider, server room address, contact information, and other related registration matters and filing matters. Operators shall be responsible for the authenticity of their registered information.
Twelfth natural persons engaged in commodity trading through the Internet shall apply to the operators who provide online trading platform services, and submit their real identity information such as their names and addresses. Under any of the following circumstances, industrial and commercial registration shall be handled according to law: 1. The online business scope involves the pre-approval required by laws and regulations; 2. Engage in network operation in the name of enterprises and individual industrial and commercial households rather than individuals.
Thirteenth online commodity operators shall perform the following obligations:
Goods or services traded online shall comply with the provisions of laws, regulations and rules. Commodities or services that are prohibited from trading by laws and regulations and those that have not obtained pre-approval shall not be traded online.
2. The goods provided by online commodity operators shall ensure the quality. The quality of goods should meet the requirements of national, industrial or local standards. When quality and safety accidents occur, measures should be taken to remedy them at the first time and report to the office of Anxi County E-commerce Leading Group.
3. When providing goods or services to consumers, online commodity operators shall explain to consumers in advance the main information such as the name, producer (provider), type, quantity, quality, price, freight, distribution mode, distribution range, payment mode and return mode of the goods or services, take security measures to ensure the safety and reliability of transactions, and provide the goods or services as promised. When there is a consumer dispute, we should actively communicate, coordinate and handle it with consumers.
4. Online commodity operators shall unconditionally return goods according to consumers' requirements within 7 days from the date of receipt of the goods, except for the following goods: 1. Goods are ordered by consumers; 2. Fresh and perishable; 3. Digital products such as audio-visual products and computer software downloaded or unpacked by consumers online; 4. Newspapers and periodicals delivered; 5. Other goods that are not suitable for return according to the nature of the goods and confirmed by consumers at the time of purchase.
5. Where contract terms are provided in electronic format, the rights and obligations of both parties to the transaction shall be determined in accordance with the principle of fairness, and the terms that have a significant relationship with consumers' rights and interests shall be brought to consumers' attention in a reasonable and significant way, and the terms shall be explained according to consumers' requirements. It is not allowed to make unfair and unreasonable provisions for consumers, to reduce or exempt operators from their obligations and responsibilities, or to exclude or restrict consumers' main rights.
Issuing purchase vouchers or service vouchers to consumers shall conform to the relevant provisions of the state or commercial practices; With the consent of consumers, it can be published in electronic form. The purchase vouchers or service documents generated during the transaction shall be kept completely for at least 2 years.
7. Have the obligation to safely keep, reasonably use, hold within a time limit and properly destroy the collected consumer information; Do not collect information unrelated to the provision of goods and services, and do not use, disclose, lease or sell it properly. Except as otherwise provided by laws and regulations.
8. The published trading information of goods and services shall be true and accurate, and there shall be no false propaganda or false representation.
Other obligations stipulated by laws, regulations and rules.
Online commodity operators who sell commodities through self-built online trading platforms shall also fulfill the obligations stipulated in Articles 14 and 15 of these Measures.
Article 14 Service operators of online commodity trading platforms shall establish and improve the following systems:
User registration system;
The second is the examination system of the subject qualification of online commodity operators;
3. Trading rules of network platform;
Information disclosure and information audit system;
5. Consumer rights protection system;
6. Publicity and early warning mechanism;
7. Transaction security and data backup system;
Other systems stipulated by laws, regulations and rules.
Fifteenth online commodity trading platform service operators shall fulfill the following obligations:
1. Check the true identity of online commodity operators who accept their services and the business qualification certificates that they should have according to law, and establish and improve information files.
2. Save the information published on its platform or the information, records or materials related to commodity trading, take corresponding technical measures to ensure the completeness, accuracy and safety of the above materials, and provide them when the relevant state organs inquire according to law; Among them, the business license of the operator or the record of personal real identity information shall be kept for not less than 2 years from the date of registration and cancellation of the operator on the online trading platform, and the backup and storage time of other information records such as transaction records shall be not less than 2 years from the date of completion of the transaction.
3. If there is any dispute, truthfully provide relevant information to the institution that has the right to handle the dispute and assist in handling it. Unable to provide relevant information, it shall be jointly and severally liable for compensation.
For the personal information of consumers, clear permission should be obtained before collection, the purpose of use should be clearly informed, the customer information should be used in strict accordance with the commitment to customers, and customers should be informed and modified at any time.
5. Without the consent of the parties concerned, it is not allowed to disclose, transfer, license or sell the personal information of consumers, the list of online commodity operators, transaction records and other information involving user privacy or business secrets to any third party. Except as otherwise provided by laws and regulations.
6. Don't send spam, and take necessary measures to prevent the spread of spam.
7. Take necessary measures to protect intellectual property rights, knowing that users infringe upon other people's intellectual property rights through the Internet, such as not publishing or deleting infringing content.
Other obligations stipulated by laws, regulations and rules.
Article 16 Operators of basic services for online commodity trading shall perform the following obligations:
1. Establish user information files, check users' true identities and business qualification certificates that should be possessed according to law, sign service contracts or agreements with users according to law, and shall not provide services to users without legal identities.
Record users' online information according to law. The user's business license or personal real identity information and other information records shall be backed up and kept for not less than 60 days, and provided when the relevant state organs inquire according to law.
3. If there is any dispute, truthfully provide relevant information to the institution that has the right to handle the dispute and assist in handling it.
4. Without the consent of the parties concerned, it is not allowed to disclose, transfer, license or sell the information related to user privacy or business secrets to any third party. Except as otherwise provided by laws and regulations.
Other obligations stipulated by laws, regulations and rules.
Seventeenth e-commerce business entities in online commodity trading activities, shall not have the following acts:
(1) Making use of the Internet or other means to fabricate and spread false information, stealing other people's trading information, publishing illegal advertisements, or making malicious comparisons, maliciously lowering prices, and damaging competitors' business reputation and commodity reputation.
(2) Using certification trademarks, geographical indications or registered trademarks of others through visible or buried means on the Internet without permission, thus misleading and infringing upon the exclusive right to use registered trademarks of others.
(3) Using the unique webpage design of other people's websites without permission, causing confusion with other people's websites.
(four) forgery, fraudulent use of electronic signs on the websites of the government and relevant administrative departments.
(five) the use of words, pictures, videos, etc. Make false propaganda on corporate image and goods on the website.
(six) unilaterally making unfair and unreasonable provisions to consumers by means of contract format clauses, online notices, e-mails, etc. Or make provisions to reduce or exempt them from civil liability for harming the legitimate rights and interests of consumers.
(seven) using the name of government agencies, social organizations or other enterprises to publicize their goods or network services to deceive consumers.
(eight) using malicious plug-ins implanted in the network, using pop-up advertisements, button advertisements, e-mail advertisements, software advertisements, text link advertisements and other forms to force the release of harassing online advertisements.
(nine) selling fake and shoddy goods through the Internet, or selling goods whose labels do not conform to the provisions of the Food Safety Law of People's Republic of China (PRC), the Product Quality Law of People's Republic of China (PRC) and the Standardization Law of People's Republic of China (PRC).
(ten) using the network in the name of "direct selling of products through the network" and "online capital operation". , under the guise of e-commerce to carry out online marketing or provide platform, space, server hosting and other services for online marketing activities.
(eleven) in the process of information transmission, sending computer programs that deliberately destroy, maliciously interfere, secretly intercept or occupy any system data and information.
(twelve) other acts in violation of laws, regulations and rules.
Eighteenth industrial and commercial administrative departments and other relevant functional departments should rely on Anxi county e-commerce monitoring center and network supervision service platform, strengthen the supervision and inspection of e-commerce business activities, and investigate and deal with relevant illegal acts according to law.
Nineteenth law enforcement officers of the administrative department for Industry and commerce and other relevant functional departments may exercise the following functions and powers when performing their duties:
1. Enter the business premises engaged in online commodity trading and related services for inspection.
(2) Investigate and ask the parties and other relevant personnel suspected of violating the Provisions on the Administration of Online Commodity Trading and Related Services, consult, copy, download and print information, records and materials related to online commodity trading, and collect and fix electronic data.
3. Check computers, network hardware and software equipment suspected of engaging in illegal business activities of online goods and related services.
Other functions and powers as prescribed by laws, regulations and rules.
Twentieth any unit or individual shall actively cooperate with the administrative department for Industry and commerce and other relevant functional departments to carry out supervision and inspection of e-commerce, and shall not refuse, obstruct or interfere with law enforcement personnel to investigate and collect evidence according to law.
Twenty-first law enforcement officers in the implementation of supervision and inspection tasks, should maintain the normal business activities of online commodity trading and related service operators, and protect their business secrets.
Article 22 When the administrative department for industry and commerce and other relevant functional departments investigate and deal with illegal business operations of online commodity trading and related services, the violator and interested parties shall truthfully explain, provide information and confirm it.
Twenty-third when collecting and fixing electronic evidence, electronic evidence such as web pages, electronic data exchange, e-mail and databases should be used. Should be fixed and displayed in writing and other tangible carriers. When necessary, use computer storage equipment, video acquisition and other means to assist.
The term "electronic evidence" as mentioned in these Measures refers to data or information stored in computer memory or external storage media in the form of electronic files, which can prove the relevant facts of the event.
Article 24 The production and authenticity of electronic evidence fixed and displayed by tangible carriers can be certified by the parties concerned and notarized by a notary office, and can also be confirmed by the identification of relevant departments such as public security network supervision and communication management, and the certificate issued by e-commerce service providers.
Article 25 If the operators of online trading platforms or basic service operators need to suspend the provision of services after filing a case of illegal trading of online commodities, the administrative department for industry and commerce and other relevant functional departments shall issue a notice of suspension of service provision and other written materials to implement it.
Article 26 If the administrative department for industry and commerce and other relevant functional departments need to close the website of the violator after imposing administrative punishment on the illegal behavior of online commodity trading, they shall send a written decision on administrative punishment and an administrative proposal to the telecom operators, who shall implement it in accordance with the relevant provisions of the state.
Twenty-seventh e-commerce business units in violation of the provisions of these measures, the administrative department for Industry and commerce at or above the county level and other relevant functional departments shall be punished in accordance with relevant laws, regulations and rules; If a crime is constituted, criminal responsibility shall be investigated according to law.
Twenty-eighth national staff abuse their powers, engage in malpractices for selfish ends or neglect their duties in the supervision and management of e-commerce, and shall be given administrative sanctions by their units or higher authorities; If a crime is constituted, criminal responsibility shall be investigated according to law.
Twenty-ninth approach by the Anxi County Administration for Industry and Commerce is responsible for the interpretation of.
Thirtieth these Measures shall come into force as of the date of issuance.
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