China Laws Portal - CJO

Find China's laws and official public documents in English

EnglishArabicChinese (Simplified)DutchFrenchGermanHindiItalianJapaneseKoreanPortugueseRussianSpanishSwedishHebrewIndonesianVietnameseThaiTurkishMalay

Law on Protection of Consumer Rights and Interests of China (2013)

消费者权益保护法

Type of laws Law

Issuing body Standing Committee of the National People's Congress

Promulgating date Oct 25, 2013

Effective date Mar 05, 2014

Validity status Valid

Scope of application Nationwide

Topic(s) Consumer Law

Editor(s) C. J. Observer

The Law on Protection of Consumer Rights and Interests was promulgated in 1993 and amended in 2009 and 2013 respectively. The latest revision entered into force on March 15.2014.

There are 63 articles in total.

The key points are as follows:

1.The rights and interests of consumers who purchase and use goods or receive services for consumption needs shall be protected by this Law.

2.Consumers shall have the right to be free from damage to their personal and property safety, obtain true information on the commodities purchased or used or the services received, independently choose commodities or services and get the fair trade.

3.Where the commodities or services provided by business operators fail to meet the quality requirements, consumers may return them in accordance with the provisions of the state or as agreed upon by the parties, or require business operators to fulfill their obligations of replacement or repair, among others. In the absence of such provisions of the state or agreements between the parties, consumers may, within seven days of receiving the commodities, return them; and consumers may, if the statutory conditions for rescission of a contract are met after the seven-day period, return them in a timely manner, or, if not met, require business operators to fulfill their obligations of replacement or repair, among others.

4.Where business operators sell commodities on the Internet, on television, over telephone, or by mail order, among others, consumers shall have the right to return the commodities within seven days of receipt of them without cause, except the particular commodities.

5.Consumers whose lawful rights and interests are infringed upon in purchasing or using commodities may claim compensation from the sellers, which shall, after paying compensation, have the right to be reimbursed by the liable manufacturers or other sellers supplying the commodities to them.

6.Consumers whose lawful rights and interests are infringed upon in purchasing commodities or receiving services through online trading platforms may claim compensation from the sellers or service providers. If the providers of online trading platforms are unable to provide the true names and addresses and valid contact methods of the sellers or service providers, consumers may also claim compensation from the providers of online trading platforms; and the providers of online trading platforms which have made any commitments more favorable to consumers shall fulfill such commitments. The providers of online trading platforms shall, after compensation, have the right to be reimbursed by the sellers or service providers.

7.Where the providers of online trading platform know or should have known that the sellers or service providers infringe upon the lawful rights and interests of consumers through the platforms, but fail to take necessary measures, they shall be jointly and severally liable with the sellers or service providers.

8.Consumers whose lawful rights and interests are infringed upon by business operators providing commodities or services by false advertising or any other means of falsified promotion may claim compensation from business operators. Advertising agents or publishers which fail to provide the true names and addresses and valid contact methods of business operators shall assume compensatory liability.

9.Business operators which fraudulently provide commodities or services shall, as required by consumers, increase the compensation for consumers’ losses, and the increase in compensation shall be three times the payment made by a consumer for the commodity purchased or the service received or be 500 yuan if the increase as calculated before is less than 500 yuan, except as otherwise provided for by the law.

10.Where business operators knowingly provide consumers with defective commodities or services, causing death or serious damage to the heath of consumers or other victims, the victims shall have the right to require business operators to compensate them for losses, and have the right to claim punitive compensation of not more than two times the amount of losses incurred.

For the full text in Chinese, please click the “Chn” at the top right. You can translate it with tools or in other ways as you please.
If you would like to read the full text in English provided by our team, please click Get to buy.

© 2020 Guodong Du and Meng Yu. All rights reserved. Republication or redistribution of the content, including by framing or similar means, is prohibited without the prior written consent of Guodong Du and Meng Yu.