The Standing Committee of the National People’s Congress Order of the President of the Prople’s Republic of China No.92 The Price Law of the People’s Republic of China which has been adopted at the 29th Meeting of the Standing Committee of the Eighth President of the People’s Republic of China: Jiang Zemin December 29, 1997 Price Law of the People’s Republic of China ContentsChapter I General Provisions Chapter II Price Act of the Operator Chapter III Pricing Act of the Government Chapter IV Regulation and Control of Overall Price Level Chapter V Supervision and Inspection over Price Chapter VI Legal Liability Chapter VII Supplementary Provisions Chapter I General Provisions Article 1 This Law is enacted with a view to standardizing the price acts, giving play to the role of price in the rational allocation of resources, Article 2 This Law shall be applicable to price acts taking place within the territory of the People’s Republic of China. The prices referred to in this Law include the prices of commodities and the prices of services. The prices of commodities mean the prices of all kinds of visible products and invisible assets. The prices of services mean collection of fees for all kinds of paid-for services. Article 3 The State practises and gradually perfects the price mechanism shaped mainly by the market under macro economic regulation and control.Determination Market-regulated prices mean those prices determined autonomously by the operators and formed through market competition. The operators referred to in this Law mean the legal persons, other organizations or individuals engaging in the production and management Government-guided prices mean those prices determined to guide the operators by the competent departments of price of the government Government-set prices mean those prices determined by the competent departments of price of the government or other departments concerned Article 4 The State supports and promotes fair, open and lawful market competition, maintains normal price order and carries out administration, Article 5 The competent department of price under the State Council shall be uniformly responsible for the work related to prices nationwide. The competent departments of price under local people’s governments at or above the county level shall be responsible for the work Chapter II Price Acts of the Operators Article 6 Market regulated prices shall be practiced and determined autonomously by the operators in pursuance of this Law for commodity prices Article 7 The operators shall, in determining prices, abide by the principle of fairness, being in conformity with law, honesty and credibility. Article 8 Production and management costs and market supply and demand situation shall be the fundamental basis for the determination of prices Article 9 The operators shall exert efforts to improve the administration of production and management, reduce the cost of production and management, Article 10 The operators shall, in accordance with their management conditions, establish and perfect internal price control system, accurately Article 11 The operators have the following rights in the conduct of price activities: (1) autonomous determination of prices under market regulation; (2) determination of prices within the range prescribed by government guided prices; (3) determination of prices for trial sale of new products within the scope of products of government-guided prices and government-set (4) report or filing a charge against acts infringing on his/her right of autonomous determination of prices in accordance with law. Article 12 The operators shall, in conducting price activities, abide by laws and regulations, and observe the intervention measures and emergency Article 13 The operators shall, in selling, procuring commodities and providing services, display the clearly marked price in accordance with The operators shall not sell commodities with additional price besides the marked price and shall not collect any fee not indicated. Article 14 The operators shall not commit the following unfair price acts: (1) manipulation of market price in collusion to the detriment of the lawful rights and interests of other operators or consumers; (2) dumping at the lower-than-the-cost price and disrupting the normal production and management order to the detriment of national interests (3) concoction and spreading of price-hike information, jacking up prices and pushing up over rise in commodities prices; (4) luring consumers or other operators to conclude transactions with it by employing falsified or misleading price means; (5) practicing price discrimination towards other operators with identical trading conditions in providing identical commodities or services; (6) procuring, selling commodities or providing services at prices raised or reduced in disguised form by adopting such means as raising (7) seeking exorbitant profits in violation of the provisions of laws and regulations; and (8) other unfair price acts prohibited by laws and administrative regulations. Article 15 All types of intermediate agencies shall abide by the provisions of this Law in the collection of fees in providing paid-for services. Article 16 The operators shall abide by the relevant provisions of this Chapter and maintain the order of the domestic market in selling import Article 17 Industries organizations shall abide by price laws, regulations and strengthen price self-discipline and accept the guidance in the Chapter III The Government’s Pricing Act Article 18 The government may enforce government-guided prices or government-set prices when necessary for the prices of the following commodities (1) the prices of an extremely small number of commodities vital for the development of the national economy and people’s life; (2) the prices of a small number of commodities the resources of which are rare or short; (3) the prices of commodities under natural monopoly management; (4) the prices of essential public utilities; and (5) the prices of essential non-profit services. Article 19 The pricing catalogs of the Central Government and local governments shall be the basis for the pricing authority and specific applicable The Central Pricing Catalog shall be compiled and revised by the competent department of price under the State Council and published Local Pricing Catalogs shall be compiled by the competent departments of price of people’s governments of the provinces, autonomous Local people’s governments at all levels below people’s governments of the provinces, autonomous regions and municipalities under Article 20 The competent department of price and other departments concerned under the State Council shall determine the government-guided prices The competent departments of price and other departments concerned of people’s governments of the provinces, autonomous regions and Municipal and county people’s governments may, in accordance with the authorization of people’s governments of the provinces, autonomous Article 21 Determination of the government-guided prices and government set prices shall be based on the average costs of society and market Article 22 Competent departments of price and other departments concerned of the government shall, in determining the government-guided prices When the competent departments of price of the government conduct price and cost survey of the government-guided prices and government-set Article 23 The system of testimony shall be established under the chairmanship of the competent departments of price of the government to solicit Article 24 The government-guided prices and government-set prices shall, upon determination, be released by the department determining the prices Article 25 The specific applicable scope and price level of the government-guided prices and government-set prices shall be adjusted at an appropriate The consumers and operators may come up with proposals for adjustment of the government-guided prices and government-set prices. Chapter IV Regulation and Control of Overall Price Level Article 26 Stabilization of the overall market price level constitutes an important macro-economic policy goal of the State. The State determines Article 27 The government may establish essential commodities reserve system and establish the price regulatory fund to regulate prices and stabilize Article 28 To keep up with the requirements of price regulation and administration, the competent departments of price of the government should Article 29 The government may bring into effect the protective prices in procurement when the market purchasing prices of such essential farm Article 30 When there is a marked rise in the prices of essential commodities and services or there exists the possibility of a marked rise, People’s governments of the provinces, autonomous regions and municipalities directly under the Central Government shall, in adopting Article 31 When drastic fluctuations and other abnormal conditions occur in the overall market price level, the State Council may take emergency Article 32 Upon elimination of the circumstances for the implementation of the intervention measures and emergency measures in pursuance of the Chapter V Price Supervision and Inspection Article 33 The competent departments of price of people’s governments at or above the county level shall conduct supervision and inspection over Article 34 The competent departments of price of the government may, in conducting price supervision and inspection, exercise the following powers: (1) inquire the interested party or the person involved and demand that he/she provides testimonial materials and other information relating (2) inquire into and duplicate the account books, invoices, vouchers, documents and other materials relating to law-breaking acts in price, (3) investigate the properties relating to law-breaking acts in price, and may order the interested party to suspend the relevant business (4) may register for safekeeping in advance under circumstances that the evidences may be destroyed and lost or may be difficult to obtain Article 35 When subject to the supervision and inspection of the competent departments of price of the government, the operators should truthfully Article 36 Functionaries in charge of price of government departments must not use the materials or information obtained in accordance with law Article 37 Consumer organizations, price supervision organizations of workers and staff members, neighborhood committees, villagers’ committees Media units have the right to exercise supervision over price through public opinion. Article 38 The competent departments of price of the government should establish the reporting system of law-breaking acts in price. All units and individuals have the right to report on law-breaking acts in price. The competent departments of price of the government Chapter VI Legal Liability Article 39 Any operator who fails to implement the government-guided prices, government-set prices and legal price intervention measures and Article 40 Any operator who commits any of the acts listed in Article 14 of this Law shall be ordered to make a rectification, confisticated Acts listed in Item (1) and Item (2) of Article 14 of this Law national in nature shall be confirmed by the competent department Article 41 Any operator who causes consumers or other operators to pay more prices for illegal price acts should refund the portion overpaid; Article 42 Any operator who violates the provision of clearly marking prices shall be ordered to make a rectification, confisticated of the illegal Article 43 Any operator who has been ordered to suspend relevant business operations but does not suspend the operations, or transfers, onceals Article 44 Whoever refuses to provide information required for supervision and inspection in accordance with the provisions or provides false Article 45 Local people’s governments at all levels or the departments concerned of people’s governments at all levels that violate the provisions Article 46 Any functionary in charge of price who divulges state secrets, business secrets and abuses power, indulges in self-seeking misconducts, Chapter VII Supplementary Provisions Article 47 Fee collection by state administrative agencies should be effected in accordance with law, items for fee collection put under stringent Provisions of relevant laws and administrative regulations apply to interest rates, exchange rates, premium rates, and securities Article 48 This Law shall enter into force as of May 1,1998. |
The Standing Committee of the National People’s Congress
1997-12-29