(Adopted at the 22nd Meeting of the Standing Committee of the Seventh Shenzhen Municipal People's Congress on November 29, 2023.)
Chapter Ⅰ General Provisions
Article 1 In order to protect the legitimate rights and interests of consumers, maintain socioeconomic order, promote the healthy development of socialist market economy, and develop the construction of the Guangdong-Hong Kong-Macao Greater Bay Area and the Pilot Demonstration Area of Socialism with Chinese Characteristics, these Regulations are formulated in accordance with the basic principles of the Law of the People's Republic of China on the Protection of Consumer Rights and Interests,relevant laws and administrative regulations and in the light of the actual situations of Shenzhen Special Economic Zone.
Article 2 In Shenzhen Special Economic Zone, the rights and interests of consumers in purchasing or using commodities, or receiving services for daily consumption shall be under the protection of these Regulations. Meanwhile, business operators shall abide by these Regulations when supplying services or their produced or selling commodities to consumers.
Article 3 The transactions between business operators and consumers shall be conducted under the principles of voluntariness, equality, fairness, honesty and credibility.
Article 4 The municipal and district people's governments shall strengthen leadership in the protection of consumer rights and interests, organize, coordinate and urge relevant units to protect consumers rights and interests effectively, and perform the duties of protecting the legitimate rights and interests of consumers.
All relevant departments, such as market regulation, education, public security, civil affairs, human resources and social security, urban planning and natural resources, housing and construction, transport, commerce, culture, media, tourism and sports, public hygiene and health, finance management, tax, customs, communication administration, and postal administration, shall perform the duties of protecting the legitimate rights and interests of consumers within their respective authorities in accordance with relevant laws, regulations and these Regulations.
Article 5 The municipal and district consumer councils shall exercise the legal functions empowered by the Law of the People's Republic of China on the Protection of Consumer Rights and Interests, conduct social supervision over commodities and services, and protect the legitimate rights and interests of consumers.
Other consumer organizations legally formed shall protect the legitimate rights and interests of consumers in accordance with laws, regulations, and their articles of association.
Article 6 It is advocated to consume in a civilized, healthy, resource conservation, environmental protection and anti-waste manner in this city.
Article 7 The municipality promotes interregional cooperation in the protection of consumer rights and interests in the Guangdong-Hong Kong-Macao Greater Bay Area, develops mechanism for returning or exchanging commodity at a different store or place, carries out joint investigations on major consumption incidents, jointly publishes typical cases of infringement on the legitimate rights and interests of consumers, and promotes the coordination of major policies for the protection of consumer rights and interests and the optimization of the consumption environment in the Guangdong-Hong Kong-Macao Greater Bay Area.
Chapter ⅡRights of Consumers and Obligations of Business Operators
Section 1General Rules
Article 8 Consumers shall have the rights prescribed by the Law of the People's Republic of China on the Protection of Consumer Rights and Interests and other relevant laws and regulations. Consumers shall have the rights to complain and report the acts that infringe upon the legitimate rights and interests of consumers, conduct supervision over the protection of consumer rights and interests, and put forward opinions and suggestions.
Business operators shall, in their supply of commodities or services, fulfill all obligations prescribed by the Law of the People's Republic of China on the Protection of Consumer Rights and Interests and other relevant laws and regulations.
Article 9 Business operators shall guarantee that the commodities or services they provide meet the requirements on personal and property safety. For commodities, services, premises and facilities which may endanger personal or property safety, business operators shall provide consumers with true explanations and clear warnings, explain and indicate the correct methods of using commodities, premises or facilities or receiving services and the methods of preventing damage.
If a consumer's personal or property safety confronts with danger at the business premises, business operators shall provide timely and necessary relief.
Article 10 When discovering any defect which may endanger personal or property safety in the commodities or services they provide, the business operator shall immediately report to relevant administrative department, and inform consumers in time through mass media, shop notice, telephone, text message, instant messaging, E-mail or other effective ways; and shall take measures such as stopping selling, issuing warnings, recalling sold commodities, destroying commodities by harmless treatment, melting or burning, and stopping production or providing the service. Where recalling occurs, the business operator shall reimburse consumers for necessary expenses incurred for the recalling of commodities.
Article 11 No business operator may insult or defame any consumer, search the body or belongings of any consumer, or infringe on the personal liberty or other personal rights and interests of any consumer.
Article 12 No business operator may use data analysis and other technical means to apply differential treatment among consumers with the same trading conditions, except as otherwise prescribed by laws and regulations.
Article 13 Business operators shall handle consumers' personal information in compliance with the provisions of the Personal Information Protection Law of the People's Republic of China and other relevant laws and regulations on protection of personal information.
Article 14 Every business operator shall provide consumers with true, comprehensive and accurate information on commodities or services, and shall not commit any of the following acts:
(1) Providing commodity or service under false name or mark;
(2) Providing commodity or service with false or misleading commodity description, commodity standard, or sample;
(3) Making false or misleading on-site description or presentation;
(4) Offering deceptive inducement by fictitious transaction, fictitious trading volume or false comments;
(5) Conducting false marketing by falsely claiming spot commodity, fabricating reservation, or fabricating rush buying;
(6) Providing commodity or service at false clearance price, false reduction sale price, false minimum price, false preferential price or other deceptive price declaration;
(7) Providing commodity or service by means of false premium sale, false sale with principal repayment or false experience sale;
(8) Falsely claiming genuine commodity to sell disposed commodity, defective commodity or off-grade commodity;
(9) Exaggerating or concealing the quantity, quality, performance or other major information of commodity or service which may infringe upon consumer’s rights or interests;
(10) Providing commodity or service in other false or misleading ways of publicity.
Article 15 Business operators shall be responsible for the authenticity of the marketing and publicity content. The actual obligations undertaken by business operators shall not be lower than the promises made to consumers in advertisements, materials or descriptions in the marketing and publicity activities.
The advertisements, materials or descriptions in the preceding paragraph refer to the direct and indirect publicity or promotion of commodities or services by means of various media, instruments or means of publicity for the purpose of marketing.
Article 16 No business operator may provide commodity or service at a higher price than the listed price, or charge any unmarked fees.
Article 17 When carrying out promotional activities, the business operator shall give true, comprehensive and accurate publicity of the relevant rules to consumers in clear and understandable language, and may not induce or mislead any consumer.
Article 18 Business operators shall guarantee the quality of prizes, gifts and free services. If the quality of prize, gift or free service does not comply with the provisions of relevant laws and regulations, the business operator shall undertake corresponding civil liabilities, except that the business operator has expressly informed consumers of the defect, and the existence of defect does not violate the mandatory provisions of laws.
Article 19 Business operators shall, within the term prescribed by the State or promised by them, perform the obligations of return, replacement, repair, etc.
The starting time for business operators to perform the obligations in the preceding paragraph shall be determined in accordance with the provisions of the State, and if the starting time agreed by both parties is more beneficial to the consumer, the agreed time shall prevail. If there is no State provision nor agreement, the obligation term shall be determined under the following provisions:
(1) The term shall start from the date when consumer receives commodity or service;
(2) The term shall start from the completion date of installation or debugging, if the commodity cannot be used before installation or debugging except for those that fail to install and debug in time due to the consumer;
(3) The returning, exchanging and repairing term shall be determined as a new term after the commodity is exchanged.
Article 20 If the commodities or services provided fail to meet the quality requirements, business operators shall perform the obligations in accordance with the following regulations:
If commodity returning is required, the business operator shall make a refund within seven days upon receiving the returned commodity;
If commodity exchanging is required, the business operator shall replace with commodities of the same type and specification free of charge, and issue a exchanging certificate to consumers; if there is no commodity of the same type or specification, the obligation of return or refund shall be performed timely, except as otherwise agreed with the consumer;
The business operator shall bear the necessary expenses such as shipping fee when the commodity is required to be returned, exchanged, remanufacture, repaired, or made up.
Article 21 If the business operator sells commodities by such means as the Internet, television, telephone or mail order, the consumer shall have the right to return the commodity within seven days upon receiving commodities without reasons.
In addition to the circumstances in which the return without reasons is not applicable in accordance with the provisions of the Law of the People's Republic of China on the Protection of Consumer Rights and Interests, the return without reasons shall not apply to the following circumstances, if the business operator has significantly reminded in the sales process, and the consumer has confirmed such commodity unsuitable for return at the time of purchase:
The nature of commodity can easily change after unpacking, and therefore the safety of life or health will possibly be damaged;
The commodity will devalue largely upon activation or trial;
The remaining quality guarantee period of the commodity is short, or the commodity has defect or is secondhand.
The commodity is unsuitable for returning due to its nature.
Business operators are encouraged to expand the application scope of the return without reasons, extend the period of the return without reasons, provide offline services of the return without reasons, and make commitments of the return without reasons that are more beneficial to consumers.
Article 22 If the business operator sells health product or commodity claiming to has health care functions to elderly consumer over 60 years of age by means of door-to-door sales, conference marketing, intensive lecture, health lecture, free expert consultation, free examination, free experience, free or low-cost travel, the elderly consumer shall have the right to return the commodity within seven days upon receiving commodities without reasons. Except otherwise is provided by the Law of the People's Republic of China on Protection of Consumer Rights and Interests or by the provisions of Article 21 of these Regulations.
Article 23 When business operators provide commodities or services to minors, they shall abide by the relevant provisions of laws and regulations and perform the duties to protect the physical and mental health of minors. Business operators shall not provide minors with commodities or services that endanger physical or mental health of minors, and shall not publish, broadcast, post or distribute advertisements which contain contents that endanger physical or mental health of minors.
Section 2 Special Rules
Article 24 Every online business operators shall not display the evaluation of commodity or service in the following misleading ways:
(1) Putting favorable comments before bad comments;
(2) Deleting or concealing the evaluation without legal cause;
(3) Failing to significantly differentiate comments of different commodity or service;
(4) Other misleading ways.
No online business operator may fabricate traffic data such as amount of hits, plays and followings, or fabricate transaction and interaction data such as likes and rewards.
Article 25 If an online business operator provides services with automatic term extension or fee deduction, it shall obtain consent from consumers, may not provide any automatic service by default checking or compulsory binding, and shall perform the following obligations:
Before the consumer accepts the service, informing the consumer, in clear and understandable language, of the true, overall and accurate information of the service items, serving period, expiration date; the amount, time and method of fee deduction; as well as the means to cancel or change the service; and informing the consumer of the inexistence of time limit if there is no expiration date.
Providing the consumer with significant and easy means to cancel or change the service at any time during the service period;
Informing the consumer of the service items and the amount of the fee deduction 5 days before the automatic extension date or fee deduction date, through telephone, text message, instant messaging, E-mail or other effective ways;
Informing the consumer in a significant way and obtaining his consent if the major article of contract, such as the amount of fee deduction, is about to change.
Article 26 Online service providers shall establish fair and reasonable membership systems, and protect the rights and interests of members in accordance with law. The adjustment of member services shall not prejudice the benefits previously enjoyed by members during their membership period.
Article 27 Online service providers shall audit the operators of public accounts of the platform, take measures such as notification, deletion and preservation of evidence to public accounts involved in illegal acts in accordance with relevant regulations of online service supervision, and assist the regulatory authorities to investigate and collect evidence.
Article 28 Online business operators in the fields of online games, live streaming, audio and video, social networking, shall set up corresponding service modes for minors, provide services in accordance with relevant national regulations and standards in terms of the time, duration, functions, content, recharge and payment of the service, and provide special services such as time management, authority management and consumption management for guardians to perform their guardianship duties.
Article 29 Online game operators shall require consumers to use valid identity documents for registration and certification, and shall register minor consumers.
Online game operators are encouraged to adopt technical analysis methods to identify the minor consumer who is suspected of fraudulently registering or certifying with valid adult identity documents, and require him to supplement identity authentication materials.
Article 30 Online game operators shall remind consumers about the appropriate age based on the content of the games.
Online game operators shall build or connect with an anti-addiction system, control the game duration for minors, and protect minors against addiction.
Online game operators shall assist guardians to manage minors' gaming behavior by means of associating accounts, checking game records, reminding or setting game duration and time periods.
Article 31 E-commerce platform operators shall establish effective and convenient complaint and reporting mechanisms, disclose complaint and reporting methods, and accept and handle complaints and reports in a timely manner.
E-commerce platform operators are encouraged to establish online dispute resolution mechanisms, formulate and publicize dispute resolution rules, and resolve disputes between consumers and operators within the platform fairly and impartially.
Article 32 Business operator engaging in commercial franchise business through franchise or any other form, shall conclude a written commercial franchise contract with the franchisor, and inform consumers, in a significant and timely manner, of the following information, including the real name and mark of the business operator, the franchise term and the protection of consumers' rights and interests specified in the franchise contract.
Article 33 Business operator engaging ticket business of commercial entertainment or sports activities, shall inform consumers when they purchase tickets, in a significant manner, of the method of refund, the deadline for refund, the rules for collecting refund fees and the circumstances under which tickets cannot be refunded.
Article 34 Every Business operator engaging intermediary business shall provide true, accurate and comprehensive intermediary service information, shall display the service items and charging standards clearly, and shall not conduct any one of the following acts:
(1) Providing intermediary services by coercion;
(2) Charging fees other than those stipulated in the contract;
(3) Providing false information or concealing the actual situation to mislead consumers to accept intermediary services;
(4) Colluding with others to harm the legitimate rights and interests of consumers;
(5) Other acts infringing upon the legitimate rights and interests of consumers.
Article 35 Business operators providing commodities or services to consumers by randomly drawing from a given lot shall, in accordance with relevant provisions, publicize the rules of drawing, the distribution of commodities or services, the quantity provided, the winning rate and other information in a significant way.
The commodities and services actually put in the market shall be consistent with the publicized information stipulated in the preceding paragraph. The business operator may not change the winning rate, no change the results of drawing.
Random sales operators are encouraged to protect the legitimate rights and interests of consumers by establishing a minimum guarantee mechanism.
Article 36 Business operator, who collects fees before providing commodities or services, shall conclude a contract with the consumer, making clear agreements on the quantity and quality, price or fee of the commodities or services, the time limit, location and method for performance, safety precautions and risk warnings, after-sales service, civil liabilities, etc. If there is no agreement or the agreement is not clear in the contract for payment in advance, the contract shall be interpreted in favor of the consumer.
In the case that the industry competent department or organization of the industry has formulated model text of the contract for payment in advance of the industry, business operators shall inform consumers. The consumer may require the business operator to use the model text of contract for payment in advance which is formulated by the competent department or organization of the industry.
Business operator shall preserve the contract and relevant materials of its fulfillment for the convenience of consumers to make inquiries and copy. The materials shall be kept for at least three years after the completion of contract.
Article 37 Business operators are encouraged to open deposit accounts of funds received in advance in commercial banks, and regularly publicize the total amount and use of funds received in advance at the business premises; and are encouraged to use block chain technology to provide protection for the storage, consumption, and use of prepaid funds through e-CNY, third-party fund supervision, third-party guarantees, or commercial insurance.
Article 38 Business operator providing commodities or services by way of payment in advance, shall publish a notice 15 days prior to the date of shutdown or closure, as well as the date of changing business premise for providing commodities or services directly, and shall inform consumers by effective ways such as telephone, text message, instant messaging, or E-mail.
Chapter Ⅲ Protection and Remedy Mechanisms
Article 39 The municipal and district people's governments shall establish consultation and coordination mechanisms on the protection of consumer rights and interests, conduct overall studies on major policies on the protection of consumer rights and interests, and coordinate to solve major issues on the protection of consumer rights and interests.
The market supervision and regulation department shall take charge of the daily affairs of the consultation and coordination mechanism for the protection of consumer rights and interests.
Article 40 Diversified dispute resolution mechanism for resolving consumer disputes that connects relevant departments, consumer councils, people's mediation organizations and industry organizations to people's courts and arbitration institutions shall be established and improved in this Municipality.
Article 41 The relevant departments shall protect the legitimate rights and interests of consumers within their respective authorities and duties, accept consumer consultation, organize and carry out consumer education and guidance, establish and improve the mechanism for handling consumer complaints and reports, strengthen supervision and administration on business operators and their business activities in accordance with law, and investigate and handle illegal acts that infringe on the legitimate rights and interests of consumers.
The supervision and regulation department for protecting consumer rights and interests shall be determined in accordance with the following provisions, if there is ambiguity:
(1) In the case that the relevant industry involves business under administrative licensing or filing, the administrative licensing or filing department shall be the supervision and regulation department;
(2) In the case that the relevant industry does not involve any business under administrative licensing or filing, and there is a competent department of the industry, the competent department of the industry shall be the supervision and regulation department;
(3) In the case that the relevant industry does not involve administrative licensing or filing, and there is no competent industry department, the market supervision and regulation department shall be the supervision and regulation department;
(4) In the case that the relevant industry is under the supervision of several departments and the division of regulatory responsibilities is not clear, the municipal people's government shall designate the main supervision and regulation department and the cooperate supervision and regulation department.
Article 42 Relevant departments may exercise the following functions and powers in accordance with law when investigating or handling acts suspected of infringing on the legitimate rights and interests of consumers:
(1) Conducting on-site inspections of production and business premises suspected of infringing upon the legitimate rights and interests of consumers;
(2) Investigating and learning about the illegal acts suspected of infringing on the legitimate rights and interests of consumers;
(3) Consulting and copying relevant contracts, invoices, account books and other relevant materials;
(4) Other functions and powers prescribed by laws and regulations.
Article 43 When a department affirms that the defect existed in a commodity or service item may endanger personal or property safety it shall immediately order the business operator to take corresponding measures such as stopping selling, issuing warnings, recalling sold commodities, destroying commodities by harmless treatment, melting or burning, and stopping production or providing the service.
Article 44 Consumer council may establish a consumer rights protection service platform to accept consumer complaints. Relevant departments, industry organizations and business operators shall support and cooperate with the consumer council in handling consumer complaints.
Article 45 Consumer council shall, in accordance with the situation of consumers’ complaints and the needs of the protection of consumers’ rights and interests, carry out supervision and investigation annually, and report the investigation results to the municipal and district people's government and relevant departments.
The relevant departments shall reply within ten working days after the consumer council reports or makes inquiries to the relevant departments concerning the protection of the legitimate rights and interests of consumers; if the reply is not made on time without reasonable reasons, the consumer council may report to the people's government at the corresponding level or the administrative department at the next higher level of the relevant departments.
Where the consumer council makes reasonable suggestions on the protection of consumers rights and interests, the departments concerned shall study the suggestions and decide whether to adopt them.
Article 46 When considering that a business operator has committed an illegal act that harms the legitimate rights and interests of consumer, the consumer council shall report to the relevant departments in writing. After timely handling, the relevant departments shall report the handling results to the consumer council.
Article 47 The construction of the credit system in the field of consumption shall be strengthened, the information sharing and credit regulations with grading and categorization shall be promoted, and the punishment for dishonesty shall be implemented according to laws and regulations in this municipality.
The relevant departments shall formulate lists of abnormal complaints and reports, regulate the behaviors of obtaining income from claims and reports, and deals with extortion in the name of combating counterfeiting or protecting consumers rights and interests.
Article 48 The relevant departments may organize mediation in consumer disputes on their own, and may also entrust consumer councils or mediation organizations established in accordance with law to conduct mediation.
Article 49 For acts infringing on the legitimate rights and interests of numerous consumers, the municipal consumer council may file civil lawsuit in the people's court for public interest.
If a consumer council needs assistance in collecting evidence for the civil lawsuit for public interest, the relevant departments shall offer support. Where laws and regulations prescribe otherwise, such provisions shall prevail.
Article 50 When supporting consumers in bringing lawsuits, consumer councils may assist consumers in providing evidence, and recommend relevant personnel to serve as consumer litigants.
Article 51 In the case that the rights and interests of a consumer have been harmed, the dispute cannot be resolved through negotiation, reconciliation or mediation, and the consumer has difficulty in filing a lawsuit in the people's court, the procuratorates may support him to file the lawsuit.
For civil public interest lawsuit filed by consumer council, the procuratorates may support in accordance with the Civil Procedure Law of the People's Republic of China and relevant laws.
Article 52 The people's courts shall improve the trial mechanism for small cases of consumer disputes and increase the efficiency of handling consumer dispute cases.
Chapter ⅣConsumption Environment Construction
Article 53 It is insisted to create an assured consumption environment of government guidance, market dominance and social participation, and promote high-quality development of consumption in this municipality.
Article 54 It is intent to raise the level of consumption supply, improve the quality of consumer services, encourage and guide market entities to innovate consumption patterns and business forms, and innovate consumption service forms in this municipality.
Article 55 It is intent to strengthen the comprehensive supervision and governance in the fields of market order, quality of commodities and services, establish and improve the relevant local standards, group standards, enterprise standards and other standard systems, strengthen the research and formulation of standards and norms for new consumption forms, and implement accommodative and prudent supervision over new forms of consumption in this municipality.
Article 56 Business operators are encouraged to speed up green transition, develop environmental protection technologies, use recycle resources, and promote green, low-carbon and circular development in information technology, network infrastructure, logistics and distribution, recycling and utilization of renewable resources.
Article 57 Efforts are supported to accelerate the development of a barrier-free consumer environment and provide a safe, convenient and comfortable consumer environment for the disabled, the elderly, the sick and injured, pregnant women, children and others in need.
Article 58 Consumers shall be encouraged and guided to establish correct consumption concepts, raise their awareness of self-protection, rationally assess consumption risks, and safeguard their legitimate rights and interests in accordance with law.
Article 59 Business operators are encouraged to optimize their business services, improve the service quality, provide unimpeded approaches for complaints and reports, properly handle consumer disputes, and improve consumers' consumption experience.
Article 60 The municipal and district people's governments shall provide convenience for social forces to participate in the protection of consumer rights and interests.
Social forces are encouraged and supported to evaluate the consumption environment and business integrity index, carry out consumer satisfaction surveys, and conduct social supervision over behaviors that harm the legitimate rights and interests of consumers.
The relevant departments may, through government procurement, give play to the role of social organizations in coordinating, supporting and assisting in the protection of consumer rights and interests, as well as the role of experts in evaluation and professional guidance.
Article 61 The establishment of a volunteer team of lawyers and professionals are supported to provide public services for the protection of consumer rights and interests.
Article 62 Industry organizations shall establish and improve industry norms, formulate compliance guidelines for the protection of consumer rights and interests, strengthen industry self-discipline, guide and urge business operators in the industry to operate legally and in good faith, promote the credibility of industry, and protect the legitimate rights and interests of consumers.
When formulating industry rules, relevant standards or model contracts involving the consumer rights and interests, the industry organization shall seek opinions of the relevant departments, consumers councils and consumers to protect the legitimate rights and interests of consumers.
Article 63 Consumer councils may, based on the problems or risks found in the protection of consumer rights and interests, combined with important time nodes such as holidays, the characteristics and hot spots of consumption in the municipality, issue consumption tips to remind consumers of potential consumption risks and guide consumers to make reasonable choices of commodities and services.
Consumer councils may, based on the situations of consumer complaints and the handling of complaints by business operators, publicize the basic information, the number of complaints, consumption evaluation index and other details of consumer complaints of business operators at different levels.
Consumer councils shall establish communication mechanisms with consumers, business operators and industry organizations to promote the positive interaction between consumers and business operators and the healthy development of the industry.
Article 64 Consumer council and industry organization may issue consumption warning against business operator and industry phenomena that harms the legitimate rights and interests of consumers.
Where the business operator providing commodity or service by way of payment in advance has a bad credit record in the business, consumer council or industry organization may issue a consumption warning.
It is encouraged to issue consumption warnings by pop-ups in operating systems, application software, websites
Article 65 The mass media such as radio, television, newspapers and the Internet are encouraged to report openly on the illegal acts of business operators infringing on consumer rights and interests. Media reports on issues related to the protection of consumer rights and interests shall be objective, fair, comprehensive and accurate, and play the role of guidance and supervision by public opinion.
Chapter ⅤLegal Liabilities
Article 66 If an online business operator provides services by automatic extension, or automatic renewal in violation of the provisions stipulated in Item (1) (2) or (4) of Article 25 of these Regulations, the violator shall be ordered to make corrections within a time limit and shall be given a fine of no less than RMB 20,000 but no more than RMB 100,000 by the market supervision and regulation department. If the circumstance is serious, the violator shall be given a fine of no less than RMB 100,000 but no more than RMB 500,000.
If an online business operator providing services by automatic extension, automatic renewal or other way in violation of the provisions stipulated in Item (3) of Article 25 of these Regulations, the violator shall be ordered to make corrections and shall be given a fine of no more than RMB 30,000 by the market supervision and regulation department.
Article 67 If a business operator providing commodities or services by way of payment in advance, fails to publish a notice 15 days prior to the date of termination, closure of business or change of the business premises that directly provides commodities or services, in violation of the provisions of Article 38 of these Regulations, the violator shall be ordered to make corrections and shall be given a fine of no more than RMB 30,000 by relevant departments.
Article 68 If a business operator providing commodities or services by way of payment in advance is suspected of committing a crime of fraud, withdrawal of funds or illegal fund-raising, the public security organ shall, together with the relevant departments, handle the matter in accordance with law; and investigate for criminal responsibility in accordance with the law if a crime is consituted.
Article 69 If a business operator violates other provisions of these Regulations, he shall be punished in accordance with the Law of the People's Republic of China on the Protection of Consumer Rights and Interests and other relevant laws and regulations.
Article 70 The relevant department shall, while administrative penalty is imposed on the business operator in violation of the provisions of these Regulations according to laws, regulations and these Regulations, incorporate the relevant administrative penalty information into credit records of the violator in accordance with the law, and give credit punishment to the violator in accordance with the law.
Chapter ⅥSupplementary Provisions
Article 71 Where the State provides otherwise on the protection of consumer rights and interests of financial services such as securities, insurance and banking, such provisions shall prevail.
Article 72 These Regulations shall come into force on January 1, 2024.
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