The complaint shall be handled by the county-level market supervision and management department of the respondent's actual business place or domicile. Complaints against e-commerce platform operators and e-commerce operators who sell goods or provide services through self-built websites and other network services shall be handled by the market supervision and management department at the county level where they live. Complaints against the operators in the platform shall be handled by the county-level market supervision and management department at the actual place of operation or the place where the platform operators live. If the superior market supervision and management department deems it necessary, it may handle the complaints received by the subordinate market supervision and management department. If the lower-level market supervision and management department thinks that the complaint accepted by the administrative organ needs to be handled by the higher-level market supervision and management department, it may report it to the higher-level market supervision and management department for decision.
What is the market supervision authority?
1. The Market Supervision Bureau is an administrative organ of the government, and its supervision responsibilities cover the original industrial and commercial administration, quality and technical supervision, intellectual property rights (trademarks, patents, copyrights), price, catering supervision (other areas are under the functions of the Food and Drug Administration or the Health Bureau), and alcohol product supervision.
2. The State Administration of Market Supervision implements the principles, policies and decision-making arrangements of the CPC Central Committee on market supervision and management, and upholds and strengthens the Party's centralized and unified leadership over market supervision and management in the process of performing its duties.
3. The main responsibility is to be responsible for the comprehensive supervision and management of the market. Draft relevant laws and regulations on market supervision and management, formulate relevant rules, policies and standards, organize the implementation of the strategy of strengthening the country by quality, food safety and standardization, formulate and organize the implementation of relevant plans, standardize and maintain market order, and create a fair competition, honest and trustworthy market environment.
Provisions on administrative punishment procedures for food and drugs
Article 49
After the administrative punishment decision is served, the parties concerned shall perform it within the time limit of the punishment decision. If the parties are in real financial difficulties, they may apply for an extension or payment of the fine by installments, and submit written materials. Upon examination by the case-handling personnel, the time limit and amount of deferred payment or installment payment of the fine shall be determined, and shall be implemented after being reported to the person in charge for approval.
Article 50
If a party refuses to accept the decision on administrative punishment, applies for administrative reconsideration or brings an administrative lawsuit, the execution of administrative punishment shall not be suspended, unless it is decided or ruled to stop execution during the administrative reconsideration or administrative lawsuit.
Article 51
The food and drug supervision and administration department that decides to impose fines and confiscate illegal income shall be separated from the institution that collects fines and confiscates illegal income. In addition to the fines collected on the spot according to regulations, law enforcement officers shall not collect fines and confiscations by themselves.