Shanghai Municipality, Protection of the Rights and Interests of Consumers Provisions

Promulgated: October 29 2002
Effective: January 1 2003
Applicability: The Provisions apply where retail purchases of goods and services are performed in the Shanghai municipality (Article 2).

Main contents: Part One (Articles 1-6) contains general provisions. Part Two (Articles 7-15) stipulates the rights of consumers. Part Three (Articles 16-35) lists the obligations of the business operator. Part Four (Articles 36-39) describes the duties of government authorities. Part Five (Articles 40-46) lists laws governing consumer advocacy associations. Part Six (Article 47-53) details methods of dispute resolution. Part Seven (Article 54-60) contains provisions on legal liability. Part Eight (Article 61-62) contains supplementary provisions.
Consumers have the right to demand products that comply with State, industrial and local standards regarding safety to individuals and property (Article 7) and the right to establish social organizations that protect their rights and interests (Article 13). Article 16 stipulates that price, quality, and after-sale liability must comply with the promises made by the business operator; the business operator shall not use a contract format to apply conditions that are unfair or unreasonable, that free the retailer from liability, that increase the consumer's liability or that void a consumer's rights. Sales agents for imported products must affix their name and address to the product (Article 20). Unless otherwise required by law, a business operator may not in any form or manner disclose a consumer's personal information to a third party without the consumer's permission (Article 29). Business operators shall be responsible for repairing durable goods they sell for a period of not less than six months (Article 31). Government authorities may conduct inspection at the production or retail premises of enterprises that may be in violation of consumers' lawful rights and interests (Article 38). To resolve consumer disputes, the consumer may employ arbitration or litigation (Article 51).
Related legislation: PRC Protection of the Rights and Interests of Consumers Law, Oct 31 1993, CLP 1993 No.10 p8
Repealed legislation: Shanghai Municipality, Protecting the Interests of Consumers Regulations, Dec 22 1988, CLP 1988 No.2 p30