On June 1, 2010, the State Administration for Industry and Commerce officially announced the "Interim Measures for the Administration of Online Commodity Transactions and Related Service Behaviors." Starting from July 1, 2010, individuals opening online stores will implement a "real-name system" and must submit true information about their name and address, but it is not mandatory to apply for a business license. For the first time, the "Measures" regulate the entire process and every link of online commodity transactions and related service activities, covering market access, commodity access, transaction information, transaction contracts, transaction vouchers, transaction competition, exclusive rights to registered trademarks and corporate names. rights and other rights, as well as the protection of the rights and interests of consumers and operators. Whether a license is required to open an online store has been a hot topic before. In April this year, the State Administration for Industry and Commerce publicly solicited opinions on the Draft Measures. The reporter made a comparison and found that the content of the "Measures" announced yesterday has not changed much.
The "Measures" divide sellers who open online stores into two categories: legal persons, other economic organizations or individual industrial and commercial households, and natural persons. Natural persons who engage in commodity transactions and related service activities through the Internet, that is, individuals, should report to Operators who provide online trading platform services shall submit an application, submit their true identity information such as name and address, and if they meet the registration conditions, they shall handle industrial and commercial registration in accordance with the law.
This shows that the State Administration for Industry and Commerce does not implement a "one-size-fits-all" approach to obtaining licenses for opening online stores. Not all online stores must obtain licenses compulsorily, but adopts a more humane and differentiated supervision. Some individual sellers who temporarily trade second-hand or idle items only need to submit their real identity information to conduct online transactions. The relevant person in charge of the State Administration for Industry and Commerce pointed out that online transactions are completed in a process where both parties have no prior knowledge and do not meet during the process. Therefore, an important prerequisite for protecting the legitimate rights and interests of consumers is to take measures to ensure that the "virtual subject" is restored to the real subject. The "Measures" provide for the protection of consumer rights and interests in terms of consumers' effective identification of the true identity of network operators, transaction contracts, transaction vouchers, transaction information protection, and methods for handling complaints. It is required to provide real identity information, establish registration files for operators, and require online operators to issue electronic purchase vouchers or service receipts to consumers as a basis for handling consumer complaints.
In addition, the State Administration for Industry and Commerce stated that three main regulatory measures will be implemented for online transactions. The industrial and commercial departments at or above the county level will establish credit files and implement classified credit supervision on online commodity operators and online service operators. Strive to build a national unified network supervision platform within three years. The "Measures" stipulate that websites that provide service trading platforms must review and register the true identity information of online store owners, establish registration files, and regularly verify and update them. And should review, record, and save the information content and release time of online commodity transactions published on its platform.
Among them, the operator’s business license and personal identity information records shall be kept for no less than two years.
At the same time, it is stipulated that online platform operators must take necessary measures to protect the exclusive rights of registered trademarks and corporate name rights, and take measures against online stores selling counterfeit goods.
In addition, when consumers have disputes over online purchases, platform operators should provide them with the seller’s true website registration information and assist in recovering compensation from the transaction parties. The "Measures" also give the industrial and commercial departments the supervisory jurisdiction over online commodity transactions and related service activities. The State Administration for Industry and Commerce stated that in accordance with the principles of being conducive to safeguarding rights and interests and facilitating investigation and handling, illegal online transactions shall be under the jurisdiction of the industrial and commercial department at or above the county level where the website operator's residence is located. If there is difficulty in jurisdiction over the offender in another place, it may be handed over to the offender. The local industrial and commercial department at or above the county level shall handle the matter.
For illegal acts committed by online operators, the industrial and commercial departments may impose a fine of 10,000 to 30,000 yuan. If the violation is serious, the industrial and commercial departments may request the communications management department of the place where the website is licensed to order the temporary blocking or suspension of the illegal activities. Illegal website access service, please close the illegal website. In August 2008, Beijing issued e-commerce regulatory opinions stipulating that all e-commerce operators for profit must obtain a business license before they can operate. Otherwise, they will be investigated and punished as operating without a license. Items for personal use and not for profit" do not need to be registered.
After the "Measures" were announced, some citizens were concerned about whether Beijing would make changes to the regulations. In this regard, the relevant person in charge of the Municipal Industry and Commerce Bureau stated that they would like to see the specific provisions of the new measures before expressing their opinions.
Relevant people from Taobao said yesterday that many of the contents of the "Measures" are similar to the current regulations of mainstream websites, such as the "real-name system" review, consumer complaint system, product withdrawal system, etc. A person from a shopping website pointed out that the details of whether an individual should register or not to open an online store are still not clear in detail. Once the industrial and commercial investigation department believes that a license should be obtained, who will be responsible? In the draft for comments released on the afternoon of April 2, 2010, the "Measures" divided online shop owners into corporate legal entities and natural persons using e-commerce as a platform. For users who open online stores as individuals, the "Measures" only require that "those who meet the registration conditions must apply for industrial and commercial registration in accordance with the law" and do not mandate that they must apply for a business license. Although there is no need to apply for a license, the "Measures" also require that individuals and companies opening online stores must register their real names. Individuals need to "apply to the website and submit their true identity information such as name and address."
Enterprises are required to “disclose the information published on the business license or the electronic link logo of their business license in a conspicuous position on the main page of their website or the webpage where they engage in business activities.”
Operators who provide online trading platform services like Taobao are obliged to "examine the identity of the operating entities." Failure to do so may result in a fine of RMB 10,000 to RMB 30,000.
However, the "Measures" do not specify what kind of enterprises need to apply for a license. The reporter learned that in addition to large-scale websites such as Taobao, there are also many sellers on inter-enterprise e-commerce websites who do not implement real-name systems.
In the "Measures", there are no details on the penalties for online shop owners who violate laws and regulations when selling goods, but it is clarified that "electronic purchase vouchers or service receipts can be used as the basis for handling consumer complaints." . If any infringement of consumer rights occurs, the existing Consumer Law and Product Quality Law can be used to deal with it.
Anyone who fails to properly keep and protect consumers’ personal information will be fined up to 10,000 yuan. For serious violations of the law on a website, in addition to being dealt with in accordance with industrial and commercial administration regulations, the website will also be closed down for a short or long period of time. Personal online stores will soon undergo real-name registration, and individual sellers with large transaction volumes will need to pay taxes and fees. The State Administration for Industry and Commerce stated that the relevant measures are still in the research and demonstration stage, and will formally solicit opinions from the public when the time is ripe.
According to the industry’s interpretation of the call for submissions, personal online stores must carry out real-name registration, and some require industrial and commercial registration, and payment of taxes and fees are the core contents. These measures are all to protect the rights and interests of consumers. Today's booming personal online stores are restrained. Relevant people from the industrial and commercial department admitted that in order to control counterfeit goods on the Internet, the real-name system is still not enough, and some online stores also need to go through industrial and commercial registration. At present, the management department has officially announced the relevant details. According to my country's existing tax laws, operating enterprises should pay a value-added tax of 17% for online transactions; stores that only buy and sell must pay a value-added tax of 4%.
Financial experts said that generally value-added tax is paid to the state, while local tax is paid to local governments. The specific tax to be levied and the amount of the tax depends on further regulations of the country. "The rapid development of online shopping in China has already had a certain impact on physical stores. In the long run, taxing online shopping will be beneficial to the overall domestic business." Fair competition in the environment is also conducive to the country’s standardized management.” In response to the "Measures", the person in charge of the State Administration for Industry and Commerce told the media that online commodity transactions are completed in a process where the parties to the transaction have no prior knowledge and do not meet during the process. Therefore, an important prerequisite for protecting the legitimate rights and interests of consumers is to take effective measures to ensure that the "virtual subject" is restored to the real subject. To this end, the "Measures", based on the characteristics of online consumption, effectively identify the true identity of online business entities from consumers, behavioral norms for online goods and services, transaction contracts, transaction vouchers, transaction information protection, and operators who provide online transaction platform services to protect consumption. Provisions are made on the obligations that should be fulfilled for the rights and interests of consumers, methods for handling consumer complaints, etc.
The regulations include that in terms of online consumption vouchers, online commodity operators and online service operators shall comply with relevant national regulations or business practices when issuing purchase vouchers or service receipts to consumers; obtain the consent of consumers Yes, it can be issued in electronic form. Electronic purchase vouchers or service receipts can be used as the basis for handling consumer complaints.
In terms of the protection of personal information of online consumers, the Measures stipulate that online product operators and online service operators have the obligation to safely keep, reasonably use, hold within a limited period and properly destroy the collected consumer information. ; Information unrelated to the provision of goods and services may not be collected, may not be used properly, and may not be disclosed, rented, or sold. However, unless otherwise provided by laws and regulations. Based on the characteristics of online consumption, the "Measures" make provisions to protect the rights and interests of consumers in terms of consumers' effective identification of the true identity of online business entities, transaction vouchers, and methods for handling consumer complaints.
Among them, the "Measures" mention that merchants who have registered with the industrial and commercial administrative department and obtained a business license, and engage in commodity transactions and related services through the Internet, shall conduct business activities on the main page of their website or engage in business activities. Disclose the information published on the business license or the electronic link logo of its business license in a prominent position on the web page.
When online merchants provide goods or services to consumers, they should explain to consumers in advance the name, type, quantity, quality, price, freight, delivery method, payment form, return and exchange method, etc. of the goods or services. Take steps to ensure that transactions are safe and secure and that goods or services are provided as promised. At the same time, the "Measures" stipulate that online commodity operators and network service operators providing goods or services shall ensure the integrity of goods and services, shall not unreasonably split up goods and services for sale, shall not determine minimum consumption standards and shall not charge additional fees. Reasonable fees.
As for online consumption vouchers, which consumers are more concerned about, the "Measures" stipulate that if consumers require operators to issue purchase vouchers or service receipts, operators should issue them. With the consent of consumers, operators can issue purchase vouchers or service receipts in electronic form. Electronic purchase vouchers or service receipts can be used as the basis for handling consumer complaints. The online trading platform is a place and space for centralized transactions of online goods and related services. Whether the transaction order of the online trading platform is standardized and orderly is directly related to the healthy development of online commodity trading. At present, large-scale online shopping trading platforms mainly include Taobao, Tencent Paipai, Baidu Youah, etc. In addition, there are also some emerging online shopping trading platforms and regional online shopping trading platforms.
In terms of maintaining the order of online commodity trading platforms, operators who provide online trading platform services are the first responsible person and have important management responsibilities. To this end, the Measures specifically stipulate the rights and obligations of operators that provide online commodity trading platform services.
The "Measures" clearly state that online trading platforms must bear the responsibilities of business qualification review, registration, and publicity of trading entities; online trading platforms should establish rules and regulations for online trading platform management, including transaction security and consumer rights and interests. Rules and regulations such as protection and handling of inappropriate information. Among them, the online trading platform must keep a backup copy of the applicant's business license or personal identity information for at least 60 days.
At the same time, online trading platforms should take necessary measures to protect rights such as exclusive rights to registered trademarks and corporate name rights. If there is evidence that platform merchants have committed infringements, the online trading platform should take necessary measures in accordance with the Tort Liability Law. measure. In addition, online trading platforms are also responsible for preserving transaction information, stopping illegal activities, and reporting, assisting, and cooperating in the investigation and handling of illegal activities.
The regulations are divided into 6 chapters and 44 articles, covering the obligations of online commodity operators and network service operators, the obligations of operators providing online trading platform services, and the supervision and management of online commodity transactions and related service activities. etc. are stipulated.
According to regulations, if an online trading platform violates regulations by not conducting real-name registration and qualification review of online merchants on the platform, it will be ordered to make corrections within a time limit. If it fails to make corrections within the time limit, it will be fined not less than RMB 10,000 but not more than RMB 30,000. .