Interim Measures for handling complaints and Reports on market supervision and Administration

　　Interim Measures for handling complaints and Reports on market supervision and Administration

　　(Promulgated by Order No. 20 of the State Administration for Market Regulation on November 30, 2019, amended in accordance with the Decision of the State Administration for Market Regulation on Amending and repealing Relevant Regulations on March 24, 2022)

　　Article 1 These Measures are formulated in accordance with the Law of the People's Republic of China on the Protection of Consumer Rights and Interests and other laws and administrative regulations for the purpose of standardizing the handling of complaints and reports of market supervision and administration and protecting the legitimate rights and interests of natural persons, legal persons or other organizations。

　　Article 2 These Measures shall apply to the handling of complaints and reports by the market supervision and administration departments。

　　Article 3 The term "complaint" as mentioned in these Measures refers to the behavior of a consumer who purchases or uses commodities or receives services for daily consumption and has a consumer rights dispute with a business operator, and requests the market supervision and administration department to resolve the dispute。

　　The "report" mentioned in these Measures refers to the behavior of natural persons, legal persons or other organizations to report to the market supervision and administration department the operator suspected of violating the market supervision and administration laws, regulations and rules。

　　Article 4 The State Administration for Market Regulation shall be responsible for the handling of complaints and reports throughout the country and guide the handling of complaints and reports by local market supervision and administration departments。

　　Local market supervision and administration departments at or above the county level shall be responsible for handling complaints and reports within their respective administrative areas。

　　Article 5 Market supervision and administration departments dealing with complaints and reports shall follow the principles of fairness and efficiency, so that the application basis is correct and the procedure is legal。

　　Article 6 The public and the news media are encouraged to carry out social supervision and supervision by public opinion on acts suspected of violating market supervision and administration laws, rules and regulations。

　　Consumers are encouraged to negotiate with operators to resolve consumer rights disputes through online consumer dispute resolution mechanisms, consumer rights protection service stations, consumer rights protection green channels, third-party dispute resolution mechanisms, etc。

　　Article 7 Where complaints and reports are submitted to the market supervision and administration department at the same time, or the materials provided contain the contents of complaints and reports at the same time, the market supervision and administration department shall handle the complaints and reports separately in accordance with the procedures provided for in these Measures。

　　Article 8 Complaints and reports to the market supervision and administration department shall be made through the Internet, telephone, fax, mailing address, window and other channels published by the market supervision and administration department for receiving complaints and reports。

　　Article 9 A complaint shall provide the following materials:

　　(1) the name, telephone number and correspondence address of the complainant;

　　(2) the name and address of the respondent;

　　(3) Specific complaint requests and consumer rights dispute facts。

　　Where the complainant makes a complaint by non-written means, the staff of the market supervision and administration department shall record the information provided for in the preceding paragraph。

　　Article 10 Where a person entrusts a complaint on behalf of another person, in addition to providing the materials provided in paragraph 1 of Article 9 of these Measures, the original letter of authorization and the identity certificate of the trustee shall also be provided。

　　The power of attorney shall set forth the entrusted matters, the limits of power and the time limit, and shall be signed by the principal。

　　Article 11 Where two or more complainants complain about the same business operator based on the same consumer rights dispute, with the consent of the complainant, the market supervision and administration department may handle the complaint as a joint complaint。

　　A joint complaint may be lodged by two representatives selected by the complainant in writing。The complaint act of the representative shall be effective against the complainant represented by the representative, but if the representative changes or abandons the complaint request or reaches a mediation agreement, the consent of the complainant represented shall be obtained。

　　Article 12 A complaint shall be handled by the county-level market supervision and administration department at the place where the respondent actually operates or has his domicile。

　　Complaints against e-commerce platform operators and e-commerce operators who sell commodities or provide services through self-built websites or other online services shall be handled by the county-level market supervision and administration department where they are domicile。Complaints against operators within the platform shall be handled by the county-level market supervision and administration department in the place where they actually operate or the place where the platform operator resides。

　　The market supervision and administration department at the higher level may handle the complaints received by the market supervision and administration department at the lower level if it deems it necessary。Where the market supervision and administration department at a lower level considers it necessary for the market supervision and administration department at a higher level to handle the complaint received by the administrative organ, it may report it to the market supervision and administration department at a higher level for decision。

　　Article 13 Where two or more market supervision and administration departments have the authority to handle a complaint on a dispute over the rights and interests of the same consumer, the market supervision and administration department that first received the complaint shall handle it。

　　Article 14 The market supervision and administration department with the handling authority provided for in these measures shall, within seven working days from the date of receipt of the complaint, make a decision on acceptance or rejection, and inform the complainant。

　　15th complaints under any of the following circumstances, the market supervision and administration department will not accept:

　　(1) The complaint does not fall within the duties of the market supervision and administration department, or the administrative organ does not have the authority to handle it;

　　(2) Courts, arbitration institutions, market supervision and administration departments or other administrative organs, consumer associations or other mediation organizations established according to law have accepted or handled the same dispute over the rights and interests of consumers;

　　(3) Not to purchase, use commodities or receive services for consumption needs, or cannot prove that there is a dispute with the respondent over consumer rights and interests;

　　(4) Unless otherwise provided by law, the complainant knew or should have known that his rights and interests had been infringed upon by the respondent for more than three years;

　　(5) failing to provide the materials prescribed in Article 9, paragraph 1 and Article 10 of these Measures;

　　(6) Other circumstances that are not accepted by laws, regulations or rules。

　　Article 16 The market supervision and administration department shall, upon the consent of the complainant and the respondent, settle the complaint by means of mediation, provided that laws and regulations provide otherwise, such provisions shall prevail。

　　The complainant and the respondent are encouraged to negotiate on an equal footing and settle on their own。

　　Article 17 The market supervision and administration department may entrust the consumer association or other lawfully established mediation organizations and other units to mediate on their behalf。

　　The entrusted unit shall, within the scope of entrustment, conduct mediation in the name of the entrusted market supervision and administration department and shall not entrust any other organization or individual。

　　Article 18 Mediation may adopt on-site mediation or off-site mediation such as Internet, telephone, audio and video。

　　Where on-site mediation is adopted, the market supervision and administration department or its entrusted unit shall inform the complainant and the respondent in advance of the time, place and mediation personnel of the mediation。

　　Article 19 The mediation shall be presided over by the staff of the market supervision and administration department or the unit entrusted by it, and the relevant personnel may be invited to assist as necessary。

　　The mediators who are close relatives of the complainant or the respondent or have other interests that may affect the impartial handling of the complaint shall be withdrawn。Where the complainant or the respondent applies for withdrawal from the mediation personnel, the market supervision and administration department shall suspend the mediation and make a decision on whether to withdraw。

　　Article 20 Where verification, inspection, testing or appraisal is required, the complainant and the respondent shall jointly entrust a technical institution with appropriate conditions to undertake the task by consensus through consultation。

　　Unless otherwise provided by laws and regulations, the fees for verification, inspection, testing and appraisal shall be borne by the complainant and the respondent through consultation。

　　The time required for verification, inspection, detection and appraisal shall not be counted in the mediation period。

　　Article 21 Mediation shall be terminated under any of the following circumstances:

　　(1) The complainant withdraws the complaint or the two parties settle the complaint on their own;

　　(2) The complainant and the respondent cannot reach a consensus on the technical institution entrusted to undertake the verification, inspection, testing and appraisal work or the expenses to be borne;

　　(3) The complainant or the respondent does not participate in the mediation without justifiable reasons, or the respondent explicitly refuses to participate in the mediation;

　　(4) After mediation, the complainant or the respondent clearly states that a mediation agreement cannot be reached;

　　(5) The complainant and the respondent fail to reach a mediation agreement within 45 working days from the date the complaint is accepted;

　　(6) After accepting the complaint, the market supervision and administration department finds that there are circumstances provided for in Article 15 of these Measures;

　　(7) Other circumstances in which mediation should be terminated as provided for by laws, regulations and rules。

　　Where mediation is terminated, the market supervision and administration department shall inform the complainant and the respondent within seven working days from the date of making the decision to terminate mediation。

　　Article 22 Where a mediation agreement is reached through on-site mediation, the market supervision and administration department shall prepare a mediation statement, except that the mediation agreement has been immediately performed or the two parties agree not to prepare a mediation statement。The mediation statement shall be signed or sealed by both the complainant and the respondent and stamped with the seal of the market supervision and administration department. One copy shall be delivered to the complainant and the respondent respectively, and one copy shall be kept by the market supervision and administration department for archiving。

　　Where no mediation statement has been prepared, the market supervision and administration department shall make a record of mediation for reference。

　　Article 23 Where the market supervision and administration department finds suspected violations of market supervision and administration laws, regulations and rules in mediation, it shall verify them within 15 working days from the date of discovery, and deal with them in accordance with the relevant provisions on market supervision and administration administrative penalties。Under special circumstances, the verification time limit may be extended by 15 working days。Where laws, regulations and rules provide otherwise, such provisions shall prevail。

　　Mediation of disputes over the rights and interests of consumers shall not exempt business operators from other legal responsibilities that they should bear according to law。

　　Article 24 An informant shall provide specific clues of suspected violations of market supervision and administration laws, regulations and rules, and shall be responsible for the authenticity of the content of the report。Where an informant makes a report in a non-written manner, the staff of the market supervision and administration department shall record it。

　　Encourage operators' internal personnel to report their suspected violations of market supervision and management laws, regulations and rules according to law。

　　Article 25 The report shall be handled by the market supervision and administration department at or above the county level in the place where the reported act occurs。Where laws, administrative regulations or departmental rules provide otherwise, such provisions shall prevail。

　　Article 26 The agency of the county-level market supervision and administration department shall handle reports in the name of the county-level market supervision and administration department within the scope of authority determined by the county-level market supervision and administration department, except for those authorized by laws, regulations and rules to handle reports in the name of the agency。

　　Article 27 Reports on e-commerce platform operators and e-commerce operators who sell commodities or provide services through self-built websites or other online services shall be handled by the market supervision and administration departments at or above the county level where they have their homes。

　　Reports to operators within the platform shall be handled by the market supervision and administration department at or above the county level in the place where they actually operate。Where the market supervision and administration department at or above the county level where the e-commerce platform operator resides receives the report in advance, it may also deal with it。

　　Article 28

　　Reports on the publication of illegal advertisements through the mass media such as radio, film, television, newspapers, periodicals and the Internet shall be handled by the local market supervision and administration department where the advertisement publishers are located。Where the market supervision and administration department of the place where the advertisement publisher is located has difficulties in handling the report against the advertiser or advertising agent, it may transfer the report against the advertiser or advertising agent to the market supervision and administration department of the place where the advertiser or advertising agent is located for handling。

　　For reports on Internet advertisements, the market supervision and management department of the place where the advertiser or the advertising operator is located first receives the report, it may also be dealt with。

　　The report of the advertiser's self-publication of illegal Internet advertisements shall be handled by the market supervision and administration department where the advertiser is located。

　　Article 29 Where the market supervision and administration department receiving the report does not have the authority to deal with it, the informant shall be informed to directly submit it to the market supervision and administration department having the authority to deal with it。

　　Article 30 Disputes arise between two or more market supervision and administration departments due to their handling authority，The dispute shall be settled through consultation within seven working days from the date of occurrence，non-negotiable，Report to the designated processing authority of the common market supervision and administration department at the next higher level;It may also be directly designated by the market supervision and administration department at the next higher level。

　　Article 31 The market supervision and administration department shall handle reports in accordance with the relevant provisions on market supervision and administration, such as administrative penalties。

　　Where the informant reports in his real name, the market supervision and administration department with the authority to deal with the case shall also inform the informant within five working days from the date of making a decision on whether to file a case。

　　Article 32 Where laws, regulations and rules stipulate that the market supervision and administration department shall inform the informant of the result of handling the report or reward the informant, the market supervision and administration department shall inform or reward the informant。

　　Article 33 The market supervision and administration department shall keep confidential the information of the informant，The personal information of the informant and the handling of the report shall not be disclosed to the informant or to persons unrelated to the handling of the report，However, the materials provided contain both complaints and reports，Except where it is necessary to provide the informant with information necessary to organize the mediation。

　　Article 34 The market supervision and administration department shall strengthen the statistics, analysis and application of the information of complaints and reports in the administrative area, regularly publish the statistical analysis reports of complaints and reports, and publicize the information of consumer complaints according to law。

　　Article 35 The market supervision and administration department shall strictly keep confidential the state secrets learned during the handling of complaints and reports and the information that may endanger national security, public security, economic security and social stability after disclosure。

　　Information involving trade secrets, personal privacy and other information that really needs to be disclosed shall be implemented in accordance with the relevant provisions of the Regulations of the People's Republic of China on the Disclosure of Government Information。

　　Article 36 The market supervision and administration department shall unblock the national 12315 platform, 12315 special telephone and other complaint and report receiving channels, implement uniform complaint and report data standards and user rules, and realize the integration of national complaint and report information。

　　37th local market supervision and management departments at or above the county level to receive complaints and reports of the working organs, shall promptly send complaints and reports to the lower-level market supervision and management departments with the authority to deal with the relevant agencies of the market supervision and management departments at the same level for handling。

　　The relevant agencies of the market supervision and administration departments at the same level shall handle the complaints and reports in a timely manner in accordance with the relevant provisions of these measures。Does not have the authority to deal with, should be timely feedback to the unified reception of complaints and reports of the working organization, may not be transferred。

　　Article 38 Market supervision and administration departments dealing with complaints filed in accordance with law other than those provided for in Article 3 of these Measures may refer to these measures。

　　Those who report suspected violations of the Anti-Monopoly Law of the People's Republic of China shall be executed in accordance with the special provisions of the State Administration for Market Regulation。Where no special provisions are made, these Measures may be implemented with reference to these measures。

　　The drug regulatory department and the intellectual property administrative department shall apply these measures in handling complaints and reports, but where laws and regulations provide otherwise, such provisions shall prevail。

　　Article 39 Any natural person, legal person or other organization that reflects the issue of administrative charges of state organs, institutions, social organizations or other organizations acting on behalf of the government shall be handled in accordance with the relevant provisions of the Regulations on Letters and Visits。

　　Consultation in the form of complaints and reports, applications for government information disclosure, administrative reconsideration applications, letters and visits, discipline inspection, supervision, reporting and charges and other activities, do not apply to these measures, the market supervision and management department can inform through the corresponding channels。

　　Article 40 These Measures shall come into force as of January 1, 2020。On March 12, 1998, the former State Bureau of Quality and Technical Supervision issued No. 51 "Product quality Complaint handling Measures", on February 14, 2014, the former State Administration for Industry and Commerce issued No. 62 "Measures for the Administration of Industry and Commerce to handle Consumer complaints", on January 12, 2016, the former State Food and Drug Administration issued No. 21The Measures for the Administration of Food and Drug Complaints and Reports shall be repealed at the same time。