State Council Order No. 461
The "Decision of the State Council on Amending the Administrative Punishment Provisions on Price Violations" is hereby promulgated and will be implemented as of May 1, 2006.
Premier Wen Jiabao
February 21, 2006
Decision of the State Council on Amending the Provisions on Administrative Punishment of Price Violations
The State Council decided to amend the "Regulations on Administrative Punishment of Price Violations" as follows:
1. Amend Article 14 to read: "If the illegal income in the provisions of Articles 4 to 11 of the Provisions is paid by the consumers or other operators as stipulated in Article 41 of the Price Law, the business shall be ordered to operate. Those who return it within a time limit. It is difficult to find consumers or other operators who pay more than the price, and they are ordered to make an announcement.
“The operator refuses to refund the price paid by the consumer or other operators in accordance with the provisions of the preceding paragraph, and the price that has not been refunded to the consumer or other operators over the expiration of the time limit, and the government price department shall confiscate the consumer or other business. When the person requests a refund, the operator shall bear civil liability according to law."
2. Adding one item to the second paragraph of Article 15 as the fifth item, stipulates: “The operator refuses to return the price paid by the consumer or other business operator in accordance with the first paragraph of Article 14 of these Provisions;
This decision shall come into force on May 1, 2006.
The "Administrative Punishment Provisions for Price Violations" shall be revised accordingly and re-announced according to this decision.
Administrative penalties for price violations
(Approved by the State Council on July 10, 1999, the National Development Planning Commission issued on August 1, 1999, the "Decision of the State Council on Amending the Administrative Punishment Provisions on Price Violations" on February 21, 2006)
Article 1 These Provisions are formulated in accordance with the relevant provisions of the Price Law of the People's Republic of China (hereinafter referred to as the Price Law) in order to punish price violations in accordance with the law and protect the legitimate rights and interests of consumers and operators.
Article 2 The competent pricing department of the people's government at or above the county level shall supervise and inspect the price activities according to law and determine the administrative penalties for price violations.
Article 3 The administrative penalties for price violations shall be determined by the competent pricing department of the local people's government where the price violations take place; if the competent pricing department of the State Council stipulates that it is determined by the competent department of price at its superior level, the provisions shall prevail.
Article 4 If an operator violates the provisions of Article 14 of the Price Law and has one of the following acts, it shall be ordered to make corrections, the illegal income shall be confiscated, and a fine of not more than 5 times the illegal income may be imposed concurrently; if there is no illegal income, a warning may be given. A fine of not less than 30,000 yuan but not more than 300,000 yuan; if the circumstances are serious, the company shall be ordered to suspend business for rectification, or the business administration authority shall revoke the business license:
(1) colluding with each other, manipulating market prices and damaging the legitimate rights and interests of other operators or consumers;
(2) In addition to legally lowering prices to deal with fresh commodities, seasonal commodities, backlogs and other commodities, in order to crowd out competitors or monopolize the market, dumping at a price lower than the cost, disrupting the normal production and operation order, harming national interests or other operations Legal rights of the person;
(3) Providing the same goods or services and price discrimination against other operators with the same trading conditions.
Article 5 Business operators violate the provisions of Article 14 of the Price Law, fabricate and disseminate information on price increases, raise prices, promote excessively high commodity prices, or use false or misleading price instruments to deceive consumers or others. If the operator deals with it, he shall be ordered to make corrections, confiscate the illegal income, and may impose a fine of not more than 5 times the illegal income; if there is no illegal income, he shall be given a warning and may be imposed a fine of not less than 20,000 yuan but not more than 200,000 yuan; It shall be ordered to suspend business for rectification, or the business administration authority shall revoke its business license.
Article 6 If the operator violates the provisions of Article 14 of the Price Law and sells or acquires goods or provides services by means of raising the rank or lowering the grade, and increasing or lowering the price in disguise, ordering correction, confiscation of illegal income, and illegality at the same time If the income is not illegal, a warning shall be given, and a fine of not less than 10,000 yuan but not more than 100,000 yuan may be imposed. If the circumstances are serious, the business administration authority shall suspend the business license.
Article 7 If the operator does not implement the government guidance price or the government's pricing, and has one of the following acts, it shall be ordered to make corrections, the illegal income shall be confiscated, and the fine of 5 times or less of the illegal income may be imposed concurrently; if there is no illegal income, it may be 20,000 yuan or more. A fine of less than 200,000 yuan; if the circumstances are serious, it shall be ordered to suspend business for rectification:
(1) Setting a price beyond the floating amount of the government's guidance price;
(2) setting prices above or below the government's pricing;
(3) arbitrarily formulating the prices of goods or services that fall within the government's guidance price and within the government's pricing range;
(4) Advancing or delaying the implementation of government guidance prices and government pricing;
(5) Self-supporting charging projects or self-standard charging;
(6) adopting methods such as decomposing charging items, repeating charges, and expanding the scope of fees to increase the charging standards in disguise;
(7) to continue to charge fees charged by the government for cancellation;
(8) In violation of the regulations, the fees are disguised in the form of margin, mortgage, etc.;
(9) Mandatory or disguised mandatory services and charges;
(10) charging fees for not providing services in accordance with regulations;
(11) Other acts that do not implement government-guided prices and government pricing.
Article 8 If the operator does not implement the statutory price intervention measures or emergency measures, and has one of the following acts, it shall be ordered to make corrections, the illegal income shall be confiscated, and a fine of not more than 5 times the illegal income may be imposed concurrently; if there is no illegal income, it may be charged 40,000. A fine of not more than 400,000 yuan for the above yuan; if the circumstances are serious, it shall be ordered to suspend business for rectification:
(1) failing to implement the price increase declaration or the price adjustment filing system;
(2) Exceeding the prescribed price difference rate and profit margin;
(3) failing to implement the prescribed price limit and minimum protection price;
(4) not implementing centralized pricing authority measures;
(5) not implementing the freezing price measures;
(6) Other acts that do not implement statutory price interventions or emergency measures.
Article 9 If the operator in the provisions of Articles 4 to 8 of these Provisions is an individual, the price violations that have no illegal income may be fined not more than 50,000 yuan.
Article 10 If an operator violates laws and regulations and obtains huge profits, he shall be ordered to make corrections, confiscate the illegal income, and may impose a fine of not more than 5 times the illegal income; if the circumstances are serious, he shall be ordered to suspend business for rectification, or the industrial and commercial administrative authority shall revoke the business license. .
Article 11 If an operator violates the clear price regulation and has one of the following acts, he shall be ordered to make corrections, and the illegal income shall be confiscated, and he may be imposed a fine of not more than 5,000 yuan:
(1) not indicating the price;
(2) failing to clearly mark the price according to the specified content and method;
(3) selling goods at a price increase in addition to the price tag or charging an unmarked fee;
(4) Other acts that violate the provisions of the clearly marked price.
Article 12: If it refuses to provide the materials required for price supervision and inspection or provides false information, it shall be ordered to make corrections and give warnings; if it fails to make corrections within the time limit, it may be fined not more than 50,000 yuan, and the directly responsible person in charge and other directly responsible personnel shall be given Disciplinary action.
Article 13 When the government price department conducts price supervision and inspection, it may find that the operator's illegal acts have the following three situations at the same time, and may be ordered to suspend the relevant business in accordance with the provisions of Article 34 (3) of the Price Law:
(1) The circumstances of the illegal act are complicated or the circumstances are serious, and may be given heavier punishment after being found;
(2) The relevant business will not be suspended, and the illegal acts will continue;
(3) Failure to suspend the relevant business may affect the identification of illegal facts, and other measures are not sufficient to ascertain the identification.
When the competent government price department conducts price supervision and inspection, the number of law enforcement personnel shall not be less than two, and the certificate shall be presented to the operator or relevant personnel.
Article 14 If the illegal gains in the provisions of Articles 4 to 11 of these Provisions are paid by the consumers or other operators as stipulated in Article 41 of the Price Law, the operators shall be ordered to return them within a time limit. If it is difficult to find consumers or other operators who pay more, they will be ordered to make an announcement.
The operator refuses to refund the price paid by the consumer or other operators in accordance with the provisions of the preceding paragraph, and the price that has not been refunded to the consumer or other operators over the expiration of the time limit shall be confiscated by the government price department, the consumer or other operator When the request is returned, the operator shall bear civil liability according to law.
Article 15 If the operator has the circumstances listed in Article 27 of the Administrative Punishment Law, he shall be given a lighter or mitigated punishment according to law.
If the operator has one of the following circumstances, he shall be given a heavier punishment:
(1) The price violation is serious or the social influence is large;
(2) repeatedly investigating repeated violations;
(3) falsifying, altering or transferring or destroying evidence;
(4) transferring funds or commodities related to price violations;
(5) The operator refuses to return the price paid by the consumer or other business operator in accordance with the provisions of the first paragraph of Article 14 of these Provisions;
(6) Other price violations that should be severely punished.
Article 16 If an operator is dissatisfied with the punishment decision made by the competent government price department, he shall first apply for administrative reconsideration according to law; if he is dissatisfied with the administrative reconsideration decision, he may file a lawsuit with the people's court according to law.
Article 17 If the fine is not paid within the time limit, the fine shall be imposed on the daily basis of 3% of the fine. If the illegal income is not paid within the time limit, the fine shall be imposed on the daily basis of 2% of the illegal income.
Article 18 If any unit or individual has a violation of the price listed in these Regulations and the circumstances are serious and refuse to be corrected, the competent government price department may, in addition to the punishment in accordance with these Provisions, announce its price violations at its business premises until it is corrected. .
Article 19 If a price law enforcement officer divulges a state secret, a trader's trade secret or abuses his power, neglects his duty or engages in malpractices for personal gains, and constitutes a crime, he shall be investigated for criminal responsibility according to law; if it does not constitute a crime, he shall be given administrative sanctions according to law.
Article 20 These Provisions shall be implemented as of the date of promulgation.
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