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Measures for Penalties against Infringement on Consumers Rights and Interests (2020)


Type of laws Departmental rule

Issuing body State Administration for Market Regulation

Promulgating date Nov 03, 2020

Effective date Nov 03, 2020

Validity status Valid

Scope of application Nationwide

Topic(s) Consumer Law Tort Law

Editor(s) C. J. Observer

The Measures for Penalties against Infringement on Consumers Rights and Interests was promulgated in 2015 and amended in 2020 respectively. The latest revision entered into force on November 3, 2020.

There are 22 articles in total, which aim to clarify how the regulatory authorities impose administrative penalties in accordance with the Consumer Protection Law. The key points are as follows:

1.In providing goods or services, a business operator shall not commit any of the following acts:

(1) sell unsafe goods or services;

(2) sell invalid or deteriorated goods;

(3) sell counterfeit goods;

(4) sell substandard goods;

(5) sell commodities that are required by the state to stop selling;

(6) defraud consumers of expenses without providing goods or services. (Article 5)

2.A business operators should provide consumers with information about goods or services that are true, comprehensive and accurate, and should not engage in false or misleading propaganda activities. (Article 6)

3.If the goods sold by the business operators are identified as substandard goods by the regulatory authorities, the business operators shall return the goods within 15 days from the date when the consumer requests for return. (Article 8)

4.If the business operator sells goods through the Internet, TV, telephone, mail order, etc., and the goods are subject to the relevant laws on unconditional return, the operator shall return the goods or provide the consumer with return address within 15 days from the date of receipt of the consumer’s return request. (Article 9)

5.A business operators shall follow the principles of lawfulness, fairness and necessity in collecting and using consumer personal information. A business operators shall clearly state the purpose, method and scope of information collection and use, and collect their personal information only after obtaining the consent of consumers.

A business operators should not engage in the following acts:

(1) collect and use consumer personal information without the consumer’s consent;

(2) disclose, sell or provide to others the personal information collected by consumers illegally;

(3) sending commercial information to consumers without their consent or request, or consumers expressly rejecting them. (Article 11)

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© 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 Duand Meng Yu.

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