(Issued on December 29, 1997 and by President’s decree of PRC (No. 92). Adopted at the 29th Meeting of the Standing Committee of
CHAPTER ONE GENERAL PROVISIONS CHAPTER TWO PRICE BEHAVIOR OF BUSINESS OPERATORS CHAPTER THREE PRICE BEHAVIOR OF GOVERNMENT CHAPTER FOUR CONTROL AND ADJUSTMENT TO GENERAL PRICE LEVEL CHAPTER FIVE MONITORING AND CHECKING OF PRICES CHAPTER SIX LEGAL LIABILITIES CHAPTER SEVEN SUPPLEMENTARY PROVISIONS
Article 1 This law is formulated with a view to standardizing price behavior so as to strengthen their role in rational disposition of resources, Article 2 The law is applicable to all the price behaviors that occur within the territory of the People’s Republic of China. The term “price” used in the law includes prices of all kinds of merchandise and prices of all kinds of services. The term “price of merchandise” refers to the prices of all kinds of tangible and non-tangible assets. The term “price of services” refers to fees collected for services rendered. Article 3 The State shall introduce and gradually improve the mechanism of regulation of prices mainly through market force and under a kind Market-regulated prices refer to prices fixed independently by business operators through market competition. “Business operator” used in this law refers to legal persons, other organizations or individuals that engage in production or marketing Government-guided prices refer to prices as fixed by business operators according to benchmark prices and range of the prices as set Government-set prices as fixed by the government department in charge of prices or related departments within their term of reference Article 4 The State shall support and prompt fair, open and legal market competition, maintain normal price order and exercise administration, Article 5 The State Council department in charge of prices shall be responsible for the administration of the work related to prices in the Price departments of the people’s governments at and above the county level shall be responsible for the work related to prices within
CHAPTER TWO PRICE BEHAVIOR OF BUSINESS OPERATORS Article 6 Prices of all merchandises and services, except those as set in Article 18 of this law to adopt government-set or guided prices, Article 7 In fixing prices, business operators should follow the principle of fairness, lawfulness, honesty and trustworthiness. Article 8 Prices should be fixed by business operators basing on the cost of production or operation and market supply and demand. Article 9 Business operators should strive for a better management to their own production and business operations so as to lower cost and Article 10 Business operators should establish and improve their system of internal price management, accurately record and verify the cost Article 11 Operators shall enjoy the following rights in pricing: 1. To fix prices that are subject to market regulation; 2. To fix prices within the guided range as set by the government; 3. To fix prices for new products which are subject to government-set or guided prices, except special products for trial sales; and 4. To report or claim against actions that have infringe upon their rights of independent pricing. Article 12 In their work related to prices, business operators should strictly keep up with laws, regulations, government guided-prices, government-set Article 13 In marketing and purchasing merchandises or providing services, business operators should clearly tap the related prices, specify Business operators must not sell merchandises at prices above the marked prices or collect fees not specified. Article 14 Business operators must not act whatsoever in the following ways to effect abnormal price behaviors: 1. To work collaboratively with others to control market prices to great detriments to the lawful rights and interests of other business 2. To engage in dumping sales (except the cases of sales of fresh and live merchandises, seasonal merchandises and stockpiled merchandises 3. To fabricate and spread price rise information for pushing up the prices to excessively high level; 4. To resort to deceitful or misleading means in terms of prices to entice consumers or other business operators into trading in 5. To discriminate in terms of prices same kinds of merchandises or services offered by certain business operators under same trading 6. To disguisely raise or lower prices at irrational ranges by artificially raising or lowering grades of merchandises or services; 7. To seek exorbitant profits in violation of laws and regulations; and 8. To effect other illicit price behaviors that are forbidden by law or administrative decrees. Article 15 In collecting fees for services rendered, all intermediary organizations should abide by the provisions of this law, except otherwise Article 16 In a bid to keep the domestic market order, business operators must observe related provisions of this chapter in selling imported Article 17 Organizations of various sectors should abide by laws and regulations governing prices, persist in self-discipline with regard to
CHAPTER THREE PRICE BEHAVIOR OF GOVERNMENT Article 18 The government shall issue government-set or guided prices for the following merchandises and services if necessary: 1. The few merchandises that are of great importance to development of the national economy and the people’s livelihood; 2. The few merchandises that are in shortage of resources; 3. Merchandises of monopoly in nature; 4. Important public utilities; 5. Important services of public welfare in nature. Article 19 Scope of specific items and uses for government-set or guided prices shall depend on the price catalogs issued by the central and Catalogs of central government-set prices shall be fixed and revised by the price department of the State Council an published after Catalogs of prices to be set by departments of the people’s governments of privinces, autonomous regions and municipalities within Local people’s governments below the provincial, autonomous regional and municipal level shall not make their own price catalogs. Article 20 State Council price department and other related departments shall fix government-set and guided prices according to scope of items Price departments and other related departments of the people’s governments of provinces, autonomous regions and municipalities shall People’s governments of cities and counties may fix government-set and guided prices for their localities within their own power according Article 21 Government-set and guided prices shall be fixed according to the average cost and market supply and demand of related marchandises Article 22 In fixing government-set and guided prices, price departments and other related departments shall carry out investigations into prices Upon investigated by government price departments and related departments in terms of prices and costs, related units should provide Article 23 In fixing government-set and guided prices for public utitities services of public welfare in nature and the prices for merchandises Article 24 After the government-set and guided prices are determinded, they shall be made public by the price departments. Article 25 The scope and level of the government-set and guided prices shall properly be adjusted in the light of the operation of the national Consumers and business operators may put forward their recommendations with regard to the adjustment of the government-set and guided
CHAPTER FOUR CONTROL AND ADJUSTMENT TO GENERAL PRICE LEVEL Article 26 To stabilize the general price level is one of the major objectives of macro-economic policy. The State shall set targets for the Article 27 The government shall build a major merchandise reserve system and establish a price regulation fund to control prices and stabilize Article 28 In order to better control prices, government price departments shall establish a price monitoring system to monitor changes in the Article 29 Whereas the selling prices of grain and other major farm produce are too low on the market, the government shall introduce protective Article 30 Whereas prices of major merchandises or services rise sharply or are likely to rise sharply, the State Council and the people’s governments After adoption of above-mentioned intervention measures, provincial, autonomous regional and municipal people’s governments should Article 31 When such abnormalities as violent fluctuation in the general price level occur nationwide, the State Council shall introduce power Article 32 The intervention or emergency measures introduced according to the provisions of Article 30 and Article 31 shall be removed or lifted
CHAPTER FIVE MONITORING AND CHECKING OF PRICES Article 33 The price departments of the people’s governments at and above the county level exercise monitoring and checking over pricing activities Article 34 In exercising monitoring and checking of prices, government price departments shall exercise the following powers: 1. To inquire into people concerned or related personnel and demand for evidences or other materials relating to law-violating acts; 2. To look into and duplicate account books, bills, vouchers, documents or other materias related to price law violating acts and 3. To check property related to the price law violating acts and, if necessary, order the people concerned to stop business operation. 4. To register and keep some evidences that are liable to be destroyed or kept out of hand or is hard to obtain for which people Article 35 In accepting the monitoring and checking by government price departments, business operators should provide their account books, Article 36 The personnel of government prices departments are wholly prohabited to use materials or information obtained according to law for Article 37 Consumer organizations, workers’ price monitoring organizations, neighborhood committees, village committees and consumers have the Medias have the right to mobilize public opinion for the monitoring of prices. Article 38 Government price departments shall establish a system for reporting acts of violation of the price law. Any unit or individual has the right to report acts of violation of price law and the government price departments shall encourage
Article 39 Business operators who refuse to implement the government-set or guided prices, legal price intervention measures or emergency measures Article 40 Business operators who have violated one of the acts listed in Article 14 of this law shall be ordered to correct, have their illegal Whether acts listed in 1, 2 of Article 14 and are of national in nature shall be upon the judgment of the State Council price department Article 41 Whereas business operators have caused overpayment by consumers or other business operators in violation of price law, the part in Article 42 Whereas business operators violate the provisions about price marking, they shall be ordered to correct, have their proceeds confiscated Article 43 For business operators who refuse to stop operation for correction as ordered or remove, hide or destroy things recorded for keeping Article 44 Business operators who refuse to provide materials needed for price monitoring and checking or provide false materials shall be ordered Article 45 Whereas local people’s governments at all levels or related government departments at all levels fix or adjust prices beyond their Article 46 Whereas government personnel in charge of prices have leaked State secrets, commercial secrets or abused their power, resort to deception
CHAPTER SEVEN SUPPLEMENTARY PROVISIONS Article 47 State administrative organs shall collect fees strictly according to law, limit fee collection items and scope and standards of fee Interest rates, exchange rates, insurance premium rates, securities and futures prices shall be subject to related laws or administrative
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