Premier Li Qiang recently signed a State Council order announcing the Implementation Regulations of the Consumer Rights Protection Law of the People's Republic of China (hereinafter referred to as the "Regulations"), which will come into effect on July 1, 2024. The Regulations consist of 7 chapters and 53 articles, which mainly stipulate the following content: firstly, to refine and supplement the relevant provisions on the obligations of operators. Detailed provisions have been made on the obligations stipulated in the Consumer Rights Protection Law, including safeguarding the personal and property safety of consumers, handling defective products, prohibiting false advertising, clearly indicating prices, using standard terms, fulfilling quality guarantee responsibilities, and protecting consumer personal information. Added provisions on the obligations of operators regarding the protection of the rights and interests of elderly and underage consumers. The second is to improve the relevant regulations on online consumption. It is stipulated that operators shall not use technological means to force or indirectly force consumers to purchase goods or receive services. Operators shall not set different prices or charging standards for the same product or service under the same transaction conditions without the knowledge of consumers. If a business operator provides services through automatic extension, automatic renewal, etc., it shall prominently draw the attention of consumers. Live streaming marketing platform operators should establish and improve consumer rights protection systems. The third is to strengthen the obligations of prepaid consumer operators. It is stipulated that operators shall provide goods or services in accordance with the agreement with consumers, and shall not reduce the quality of goods or services, nor arbitrarily increase prices. If the goods or services are not provided as agreed, the consumer shall fulfill the agreement or refund the advance payment as requested. If a business operator encounters significant business risks, they should stop collecting advance payments; If the decision is made to suspend business or relocate the service location, the consumer shall be notified in advance, and the obligation shall continue to be fulfilled or the balance of the advance payment that has not been consumed shall be refunded. The fourth is to standardize consumer claims behavior. Complaints and reports shall comply with laws, regulations and relevant provisions, and shall not be used to seek undue benefits, infringe upon the legitimate rights and interests of operators, and disrupt the order of the market economy. If there are defects in the labeling, instructions, promotional materials, etc. of goods or services that do not affect the quality of the goods or services and do not mislead consumers, punitive compensation provisions shall not apply. Those who fraudulently obtain compensation or extort operators through methods such as carrying, swapping, falsifying, altering the production date of goods, fabricating facts, etc. shall be dealt with in accordance with the law. The fifth is to clarify the responsibilities of the government in protecting consumer rights and interests. It is stipulated that people's governments at all levels should strengthen guidance on the protection of consumer rights and interests, organize, coordinate, and supervise relevant administrative departments to implement their responsibilities in protecting consumer rights and interests. Administrative departments should promptly handle consumer complaints and reports, carry out consumer warning and risk warning, increase supervision, inspection and law enforcement efforts, and promptly investigate and punish behaviors that infringe on the legitimate rights and interests of consumers. In addition, the Regulations clarify the requirements for the performance of consumer associations, refine the relevant provisions on consumer dispute resolution, and impose corresponding legal responsibilities for illegal acts. (Lai Xin She)
Edit：Yi Yi Responsible editor：Wang Chen
Source：http://www.legaldaily.com.cn
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