State Administration for Industry and Commerce, Tentative Measures for the Administration of Online Commodity Transactions and Related Services

国家工商行政管理总局网络商品交易及有关服务行为管理暂行办法

July 14, 2010 | BY

clpstaff &clp articles

Online shop owners required to provide real names.

Clp Reference: 5600/10.05.31 Promulgated: 2010-05-31 Effective: 2010-07-01

Promulgated: May 31 2010
Effective: July 1 2010
Interpreting authority: State Administration for Industry and Commerce


Applicability:
The term “online commodity business operators” refers to legal persons, other economic organisations and natural persons that sell commodities through the Internet.


The term “online service providers” refers to legal persons, other economic organisations and natural persons that provide for-profit services through the Internet, as well as website operators that provide a platform for online transactions (Article 3).


Main contents:
Natural persons who engage in commodity transactions and the related services through the Internet shall submit an application with truthful identification information such as their names and addresses to the business operators that provide the platform for online transactions. If the person fulfils the criteria for registration, business registration shall be carried out in accordance with the law (Article 10).


After obtaining the consent of consumers, online commodity business operators and online service providers may issue receipts of goods purchased or service invoices in electronic format. Such electronic receipts and invoices may be the basis for handling consumer complaints (Article 15).


Business operators that provide a platform for online transactions shall examine the business operator identity of the legal person, other economic organisation or natural person that applies to provide commodities or services through the online transaction platform. Where a natural person who fails to fulfil the criteria for business registration for the time being applies to provide commodities or services through an online transaction platform, examination and registration of details of the real identity of such person shall be carried out (Article 20).


Related legislation:
PRC Contract Law, Mar 15 1999, CLP 1999 No.4 p.19; PRC Tort Liability Law, Dec 26 2009, CLP 2010 No.5 p.50; PRC Protection of the Rights and Interests of Consumers Law, Oct 31 1993, CLP 1993, No.10 p.8; PRC Product Quality Law (Revised), July 8 2000, CLP 2000 No.7 p.66; PRC Anti-unfair Competition Law, Sept 2 1993, CLP 1993 No.9 p.31; PRC Trademark Law (2nd Revision), Oct 27 2001, CLP 2001 No.10 p.75; PRC Advertising Law, Oct 27 1994, CLP 1994 No.10 p.19; PRC Food Safety Law, Feb 28 2009, CLP 2009 No.3 p.33; and PRC Electronic Signatures Law, Aug 28 2004, CLP 2004 No.8 p.27

clp reference:5600/10.05.31promulgated:2010-05-31effective:2010-07-01

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