Provisions on Administrative Penalties for Illegal Pricing

价格违法行为行政处罚规定

 

Promulgating Institution:   State Council

Document Number:    Order No. 585 of the State Council

Promulgating Date:    12/04/2010

Effective Date:    12/04/2010

颁布机关:     国务院

文    号:   国务院令第585号

颁布时间:     12/04/2010

实施时间:     12/04/2010

 

 (Amended for the first time in accordance with the Decision of the State Council on Amending the Provisions on Administrative Penalties for Illegal Pricing on February 21, 2006; amended for the second time in accordance with the Decision of the State Council on Amending the Provisions on Administrative Penalties for Illegal Pricing on January 13, 2008; amended for the third time in accordance with the Decision of the State Council on Amending the Provisions on Administrative Penalties for Illegal Pricing on December 4, 2010)

（1999年7月10日国务院批准1999年8月1日国家发展计划委员会发布 根据2006年2月21日《国务院关于修改〈价格违法行为行政处罚规定〉的决定》第一次修订 根据2008年1月13日《国务院关于修改〈价格违法行为行政处罚规定〉的决定》第二次修订 根据2010年12月4日《国务院关于修改〈价格违法行为行政处罚规定〉的决定》第三次修订）

Article 1   In order to punish illegal pricing acts in accordance with the law, maintain the normal pricing order and protect the legitimate rights and interests of consumers and operators, these Provisions are formulated in accordance with relevant provisions of the Pricing Law of the People's Republic of China (hereinafter referred to as the Pricing Law).

    第一条 为了依法惩处价格违法行为,维护正常的价格秩序,保护消费者和经营者的合法权益,根据《中华人民共和国价格法》(以下简称价格法)的有关规定,制定本规定。

Article 2   The competent departments of price of the people's governments at or above the county level shall make supervision and inspection on price-related activities according to law and determine the administrative punishment of price-related violations.

    第二条 县级以上各级人民政府价格主管部门依法对价格活动进行监督检查,并决定对价格违法行为的行政处罚。

Article 3   The administrative punishment of any price-related violations shall be determined by the competent departments of price of the local government at the place where such price-related violations occur; where such violations shall be determined by the upper level competent department of price as prescribed by the competent department of price of the State Council, instruction from upper level department shall be followed.

    第三条 价格违法行为的行政处罚由价格违法行为发生地的地方人民政府价格主管部门决定;国务院价格主管部门规定由其上级价格主管部门决定的,从其规定。

Article 4   In case any business operator violates the provisions of Article 14 of the Price Law, and has any of the following acts, such operator shall be ordered to make correction, with the illegal gains being confiscated, and be subject to a fine of less than five times the illegal gains; where there is no illegal gains, such operator shall be subject to a fine the amount of which is between RMB100,000 to RMB1,000,000; where the circumstances are serious, such operator shall be ordered to suspend its business operations for rectification, or its business license shall be revoked by the administrative authority of industry and commerce:

(1) Engaging in the dumping of goods (except the cases of legally selling perishable and fresh and live merchandises, seasonal merchandises, overstock merchandises or other similar merchandises at discount) at below-cost prices in order to attain an upper hand over its rivals or dominate the market, which has disrupted the normal production and operation order, and caused great detriment to the interests of the State or the lawful rights and interests of other business operators; or

(2) Applying discriminatory prices to the merchandises or services of a same kind offered by certain business operators under the same trading conditions.

    第四条 经营者违反价格法第十四条的规定,有下列行为之一的,责令改正,没收违法所得,并处违法所得5倍以下的罚款;没有违法所得的,处10万元以上100万元以下的罚款;情节严重的,责令停业整顿,或者由工商行政管理机关吊销营业执照:

   (一)除依法降价处理鲜活商品、季节性商品、积压商品等商品外,为了排挤竞争对手或者独占市场,以低于成本的价格倾销,扰乱正常的生产经营秩序,损害国家利益或者其他经营者的合法权益的;

   (二)提供相同商品或者服务,对具有同等交易条件的其他经营者实行价格歧视的。

Article 5   An operator that violates the provisions of Article 14 of the Pricing Law, colludes with each other, manipulates market price and leads to a significant increase in the prices of goods shall be ordered to make rectification, have its illegal gains confiscated and be imposed a fine of less than five times its illegal gains. If no illegal gain is received, a fine of more than RMB100,000 and less than RMB1 million shall be imposed. In more serious cases, a fine of more than RMB1 million and less than RMB5 million shall be imposed. In serious cases, the operator shall be ordered to cease operation and make rectification or have its business license revoked by the administrative authority for industry and commerce.

"Apart from the situations specified in the preceding paragraph, an operator that colludes with each other, manipulates market price and prejudices the legal interest of other operators or consumers shall be punished in accordance with the provisions of Article 4 of these Provisions.

"With regard to an industry association or the operator of another entity organization that colludes with each other and manipulates market price, the operator shall be punished in accordance with the provisions of the preceding two paragraphs, the industry association or the other entity may be imposed a fine of less than RMB500,000. In serious cases, its registration shall be cancelled and its license shall be revoked by the administrative authority of registration.

    第五条 经营者违反价格法第十四条的规定,相互串通,操纵市场价格,造成商品价格较大幅度上涨的,责令改正,没收违法所得,并处违法所得5倍以下的罚款;没有违法所得的,处10万元以上100万元以下的罚款,情节较重的处100万元以上500万元以下的罚款;情节严重的,责令停业整顿,或者由工商行政管理机关吊销营业执照。

   除前款规定情形外,经营者相互串通,操纵市场价格,损害其他经营者或者消费者合法权益的,依照本规定第四条的规定处罚。

   行业协会或者其他单位组织经营者相互串通,操纵市场价格的,对经营者依照前两款的规定处罚;对行业协会或者其他单位,可以处50万元以下的罚款,情节严重的,由登记管理机关依法撤销登记、吊销执照。

Article 6   An operator that violates the provisions of Article 14 of the Pricing Law and engages in any of the following acts that causes the prices of goods to increase too rapidly and too significantly shall be ordered to make rectification, have its illegal gains confiscated and be imposed a fine of less than five times its illegal gains. If no illegal gain is received, a fine of more than RMB50,000 and less than RMB500,000 shall be imposed. In more serious cases, a fine of more than RMB500,000 and less than RMB3 million shall be imposed. In serious cases, the operator shall be ordered to cease operation and make rectification or have its business license revoked by the administrative authority for industry and commerce.

(1) Making up or spreading information about the rise of prices and disrupting the order of market prices;

(2) Hoarding goods with tight market supply and fluctuating prices in a large quantity that exceeds the normal inventory volume and for a period that exceeds the normal inventory cycle not for production purposes and continuing to hoard the goods after being warned by the department in charge of pricing;

(3) Driving up prices or causing the prices of goods to increase too rapidly and too significantly by other means.

An industry association or an entity providing services for the trading of goods that engages in the illegal act specified in the preceding paragraph may be imposed a fine of less than RMB500,000. In serious cases, its registration shall be cancelled and its license shall be revoked by the administrative authority of registration.

If an entity other than those specified in the preceding two paragraphs spreads false information about the rise of prices and disrupts the order of market prices and shall be investigated by other competent authorities in accordance with the law, the department in charge of pricing may make the recommendation to impose penalty in accordance with the law and the relevant competent authority shall impose penalty in accordance with the law.

    第六条 经营者违反价格法第十四条的规定,有下列推动商品价格过快、过高上涨行为之一的,责令改正,没收违法所得,并处违法所得5倍以下的罚款;没有违法所得的,处5万元以上50万元以下的罚款,情节较重的处50万元以上300万元以下的罚款;情节严重的,责令停业整顿,或者由工商行政管理机关吊销营业执照:

   (一)捏造、散布涨价信息,扰乱市场价格秩序的;

   (二)除生产自用外,超出正常的存储数量或者存储周期,大量囤积市场供应紧张、价格发生异常波动的商品,经价格主管部门告诫仍继续囤积的;

   (三)利用其他手段哄抬价格,推动商品价格过快、过高上涨的。

   行业协会或者为商品交易提供服务的单位有前款规定的违法行为的,可以处50万元以下的罚款;情节严重的,由登记管理机关依法撤销登记、吊销执照。

   前两款规定以外的其他单位散布虚假涨价信息,扰乱市场价格秩序,依法应当由其他主管机关查处的,价格主管部门可以提出依法处罚的建议,有关主管机关应当依法处罚。

Article 7   An operator that violates the provisions of Article 14 of the Pricing Law and deceives consumers or other operators into trading with it by means of false or misleading prices shall be ordered to make rectification, have its illegal gains confiscated and be imposed a fine of less than five times its illegal gains. If no illegal gain is received, a fine of more than RMB50,000 and less than RMB500,000 shall be imposed. In serious cases, the operator shall be ordered to cease operation and make rectification or have its business license revoked by the administrative authority for industry and commerce.

    第七条 经营者违反价格法第十四条的规定,利用虚假的或者使人误解的价格手段,诱骗消费者或者其他经营者与其进行交易的,责令改正,没收违法所得,并处违法所得5倍以下的罚款;没有违法所得的,处5万元以上50万元以下的罚款;情节严重的,责令停业整顿,或者由工商行政管理机关吊销营业执照。

Article 8   In case any business operator violates the provisions of Article 14 of the Price Law, sells or purchases merchandises or provides services by artificially raising or lowering the grades of merchandises or services, or raises or lowers the prices thereof in any disguised form, such operator shall be ordered to make correction, with its illegal gains, if any, being confiscated, and shall be subject to a fine less than five times the illegal gains concurrently; where there is no illegal gains, such operator shall be subject to a fine of RMB20,000 up to RMB200,000; where the circumstances are serious, such operator shall be ordered to suspend its business operations for rectification, or its business license shall be revoked by the administrative authority of industry and commerce.

    第八条 经营者违反价格法第十四条的规定,采取抬高等级或者压低等级等手段销售、收购商品或者提供服务,变相提高或者压低价格的,责令改正,没收违法所得,并处违法所得5倍以下的罚款;没有违法所得的,处2万元以上20万元以下的罚款;情节严重的,责令停业整顿,或者由工商行政管理机关吊销营业执照。

Article 9   In case any business operator fails to execute government-guided prices or government-set prices, and has any of the following acts, such operator shall be ordered to make correction, with the illegal gains, if any, being confiscated, and shall be subject to a fine of less than five times the illegal gains concurrently; where there is no illegal gains, such operator shall be subject to a fine of more than RMB50,000 and less than RMB500,000, and in more serious cases, a fine of more than RMB500,000 and less than RMB2 million shall be imposed; where the circumstances are serious, such operator shall be ordered to suspend the business operations for rectification:

(1) Setting prices by exceeding the floating range of government-guided prices or government-fixed prices;

(2) Setting prices higher or lower than the government-fixed prices;

(3) Setting prices for the merchandises or services that fall within the scope of government-guided prices or government-fixed prices without permission;

(4) Implementing government-guided prices or government-fixed prices beforehand or at a later time;

(5) Establishing charging items unilaterally or setting standard for charges unilaterally;

(6) Raising charging rates in any disguised form by ways of dividing a charging item into several parts, repeated charging, or expanding the charging scope, and etc.;

(7) Continuing to charge on the charging items that have been cancelled by the explicit order of the government;

(8) Charging fees in disguised form by such forms as deposit and guaranty money in violation of regulations;

(9) Forcing any other person to accept its service directly or in any disguised form and charging fees;

(10) Collecting fees without rendering service as required; or

(11) Other acts of failing to implement government-guided prices or government-fixed prices.

    第九条 经营者不执行政府指导价、政府定价,有下列行为之一的,责令改正,没收违法所得,并处违法所得5倍以下的罚款;没有违法所得的,处5万元以上50万元以下的罚款,情节较重的处50万元以上200万元以下的罚款;情节严重的,责令停业整顿:

   (一)超出政府指导价浮动幅度制定价格的;

   (二)高于或者低于政府定价制定价格的;

   (三)擅自制定属于政府指导价、政府定价范围内的商品或者服务价格的;

   (四)提前或者推迟执行政府指导价、政府定价的;

   (五)自立收费项目或者自定标准收费的;

   (六)采取分解收费项目、重复收费、扩大收费范围等方式变相提高收费标准的;

   (七)对政府明令取消的收费项目继续收费的;

   (八)违反规定以保证金、抵押金等形式变相收费的;

   (九)强制或者变相强制服务并收费的;

   (十)不按照规定提供服务而收取费用的;

   (十一)不执行政府指导价、政府定价的其他行为。

Article 10   In case any business operator fails to implement legal price intervention measures or emergency measures, and has any of the following acts, such operator shall be ordered to make correction, with the illegal gains, if any, being confiscated, and shall be subject to a fine of less than five times the illegal gains concurrently; where there is no illegal gains, such operator shall be subject to a fine of more than RMB100,000 and less than RMB1 million, and in more serious cases, a fine of more than RMB1 million and less than RMB5 million shall be imposed; where the circumstances are serious, such operator shall be ordered to suspend the business operations for rectification:

(1) Acts of failing to apply for price increase or implement the record-filing systems of adjusting prices;

(2) Exceeding the range of price differentials ratio and profit margin;

(3) Acts of failing to implement the price limit or the minimum reserve price;

(4) Acts of failing to implement the measures on power for the concentrated fixation of price;

(5) Acts of failing to implement the measures on frozen price; or

(6) Other acts of failing to implement the legal price intervention measures and emergency measures.

    第十条 经营者不执行法定的价格干预措施、紧急措施,有下列行为之一的,责令改正,没收违法所得,并处违法所得5倍以下的罚款;没有违法所得的,处10万元以上100万元以下的罚款,情节较重的处100万元以上500万元以下的罚款;情节严重的,责令停业整顿:

   (一)不执行提价申报或者调价备案制度的;

   (二)超过规定的差价率、利润率幅度的;

   (三)不执行规定的限价、最低保护价的;

   (四)不执行集中定价权限措施的;

   (五)不执行冻结价格措施的;

   (六)不执行法定的价格干预措施、紧急措施的其他行为。

Article 11   If the operator specified in Article 4, Article 7 and Article 9 of these Provisions is an individual, a fine of less than RMB100,000 may be imposed for his illegal pricing act that does not involve illegal gains."

"If the operator specified in Article 5, Article 6 and Article 10 of these Provisions is an individual, a penalty shall be imposed in accordance with the provisions of the preceding paragraph for his illegal pricing act that does not involve illegal gains. In serious cases, a fine of more than RMB100,000 and less than RMB500,000 shall be imposed.

    第十一条 本规定第四条、第七条至第九条规定中经营者为个人的,对其没有违法所得的价格违法行为,可以处10万元以下的罚款。

   本规定第五条、第六条、第十条规定中经营者为个人的,对其没有违法所得的价格违法行为,按照前款规定处罚;情节严重的,处10万元以上50万元以下的罚款。

Article 12   In case any business operator violates the law and regulations for exorbitant profits, such operator shall be ordered to make correction, with its illegal gains, if any, being confiscated, and shall be subject to a fine of less than five times the illegal gains concurrently; where the circumstances are serious, such operator shall be ordered to suspend its business operations for rectification, or its business license shall be revoked by the administrative authority of industry and commerce.

 

    第十二条 经营者违反法律、法规的规定牟取暴利的,责令改正,没收违法所得,可以并处违法所得5倍以下的罚款;情节严重的,责令停业整顿,或者由工商行政管理机关吊销营业执照。

Article 13   In case any business operator violates the provisions regarding marked prices, and has any of the following acts, such operator shall be ordered to make correction, with its illegal gains, if any, being confiscated, and shall be subject to a fine of no more than RMB5,000:

(1) Failing to mark price;

(2) Marking price not according to the content and means as required;

(3) Selling the merchandise with additional charges besides the marked price, or taking charges that is not marked; or

(4) Other acts in violation of the provisions regarding marked prices.

    第十三条 经营者违反明码标价规定,有下列行为之一的,责令改正,没收违法所得,可以并处5000元以下的罚款:

   (一)不标明价格的;

   (二)不按照规定的内容和方式明码标价的;

   (三)在标价之外加价出售商品或者收取未标明的费用的;

   (四)违反明码标价规定的其他行为。

Article 14   Should the business operator refuse to provide materials needed for the price supervision and inspection or provide false materials, such operator shall be ordered to make correction and given a warning; should such operator does not make the correction within the specified time limit, such operator shall be subject to a fine of less than RMB100,00, and the manager or other persons who are directly responsible for the illegal behavior shall be subject to disciplinary measures.

    第十四条 拒绝提供价格监督检查所需资料或者提供虚假资料的,责令改正,给予警告;逾期不改正的,可以处10万元以下的罚款,对直接负责的主管人员和其他直接责任人员给予纪律处分。

Article 15   where the competent departments of price of the governments, upon supervising or investigating the price, find that the violation of the business operator falls under any of the following circumstances, these departments may order such operator to suspend its business operations temporarily according to Paragraph 3, Article 34 of the Price Law:

(1) The violation is complex or serious and may be subject to severer punishment after being verified.

(2) The violation is likely to continue if the business operations are not suspended; and

(3) If the business operation is not suspended, the verification of the violation may be affected and no other measures can be taken to appropriately guarantee the effectiveness of verification.

When the competent departments of price of the governments conduct price supervision and inspection, there shall be no less than two law-enforcement personnel and they shall show their certificates to the business operator or relevant persons.

    第十五条 政府价格主管部门进行价格监督检查时,发现经营者的违法行为同时具有下列三种情形的,可以依照价格法第三十四条第(三)项的规定责令其暂停相关营业:

   (一)违法行为情节复杂或者情节严重,经查明后可能给予较重处罚的;

   (二)不暂停相关营业,违法行为将继续的;

   (三)不暂停相关营业,可能影响违法事实的认定,采取其他措施又不足以保证查明的。

   政府价格主管部门进行价格监督检查时,执法人员不得少于2人,并应当向经营者或者有关人员出示证件。

Article 16   Where the illegal gains as prescribed from Article 4 to Article 11 herein fall within the scope of the additional charges of the consumers or other business operators as prescribed in Article 41 of the Price Law, the relevant business operator shall be ordered to refund such gains within a specific time limit. In case it is difficult to find the consumers or other business operators who have been additionally charged, such operator shall be ordered to find them by announcement.

Should the business operator refuse to refund the additional charges to the consumers or other business operators according to the preceding paragraph, and not refund the additional charges within the time limit, the competent departments of price of the governments shall confiscate the illegal gains. The business operator shall assume civil liability according to law when the consumers or other business operators request refund.

    第十六条 本规定第四条至第十三条规定中的违法所得,属于价格法第四十一条规定的消费者或者其他经营者多付价款的,责令经营者限期退还。难以查找多付价款的消费者或者其他经营者的,责令公告查找。

   经营者拒不按照前款规定退还消费者或者其他经营者多付的价款,以及期限届满没有退还消费者或者其他经营者多付的价款,由政府价格主管部门予以没收,消费者或者其他经营者要求退还时,由经营者依法承担民事责任。

Article 17   Where acts of the business operator fall within the situations set forth in Article 27 of the Administrative Punishment Law, such operator shall be subject to a lighter punishment or reduced punishment.

The business operator shall be severely punished where one of the following situations occurs:

(1) The price-related violation is serious or has relatively greater social impact;

(2) Such operator repeatedly violates the regulations when investigated every time;

(3) Such operator forge, alter, transfer or destroy the evidence;

(4) Such operator transfers the capital or merchandises relating to the price-related violation;

(5) Such operator refuses to refund the additional charges to the consumers or other business operators according to Paragraph 1, Article 14 herein;

(6) Other price-related violation due to severe punishment.

    第十七条 经营者有《中华人民共和国行政处罚法》第二十七条所列情形的,应当依法从轻或者减轻处罚。

   经营者有下列情形之一的,应当从重处罚:

   (一)价格违法行为严重或者社会影响较大的;

   (二)屡查屡犯的;

   (三)伪造、涂改或者转移、销毁证据的;

   (四)转移与价格违法行为有关的资金或者商品的;

   (五)经营者拒不按照本规定第十六条第一款规定退还消费者或者其他经营者多付价款的;

   (六)应予从重处罚的其他价格违法行为。

Article 18   If, according to these Provisions, the amount of fine is calculated based on the illegal gains but the illegal gains cannot be determined, the penalty shall be imposed in accordance with the provision in which no illegal gain is involved.

    第十八条 本规定中以违法所得计算罚款数额的,违法所得无法确定时,按照没有违法所得的规定处罚。

Article 19   Upon the occurrence of an illegal pricing act that is specified in these Provisions and that seriously disrupts market order and constitutes a criminal offense, criminal liability shall be pursued in accordance with the law.

    第十九条 有本规定所列价格违法行为严重扰乱市场秩序,构成犯罪的,依法追究刑事责任。

Article 20   In case the business operator is not satisfied with the decision made by the competent departments of price of the governments, such operator shall apply for administrative review at first; In case of dissatisfaction with the administrative review decision, such operator may file an action with a people's court.

    第二十条 经营者对政府价格主管部门作出的处罚决定不服的,应当先依法申请行政复议;对行政复议决定不服的,可以依法向人民法院提起诉讼。

Article 21   Where the business operator refuses to pay the fine within the prescribed time limit, such operator shall be subject to an extra 3% of the amount of the fine for each delayed day; where the business operator refuses to pay the illegal gains within the prescribed time limit, such operator shall be imposed on an extra of 2‰ of the amount of the illegal gains each delayed day.

    第二十一条 逾期不缴纳罚款的,每日按罚款数额的3%加处罚款;逾期不缴纳违法所得的,每日按违法所得数额的2‰加处罚款。

Article 22   Any organization or individual who commits any serious price-related violation as prescribed herein and refuses to correct it shall be punished by the competent departments of price of the governments according to these Provisions, and may, in addition, be subject to public announcement regarding the violations until corrections is made.

    第二十二条 任何单位和个人有本规定所列价格违法行为,情节严重,拒不改正的,政府价格主管部门除依照本规定给予处罚外,可以公告其价格违法行为,直至其改正。

Article 23   Where the relevant laws provide otherwise for the punishment of the violations set forth in Article 14 of the Price Law and the competent departments conducting the punishment, such provisions shall prevail.

    第二十三条 有关法律对价格法第十四条所列行为的处罚及处罚机关另有规定的,可以依照有关法律的规定执行。

Article 24   The price law-enforcement personnel, who reveal State secrets and the trade secrets of the business operator, abuse their authority, neglect their duties or practice favoritisms and commit irregularities, shall be held accountable for criminal liability where the said act is serious enough to constitute to a crime; in case the act is not serious enough to constitute to a crime, the personnel shall be penalized according to law.

    第二十四条 价格执法人员泄露国家秘密、经营者的商业秘密或者滥用职权、玩忽职守、徇私舞弊,构成犯罪的,依法追究刑事责任;尚不构成犯罪的,依法给予处分。

Article 25   These Provisions shall come into effect as of the promulgating date.

    第二十五条 本规定自公布之日起施行