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Notice of the Fujian Provincial Administration for Industry and Commerce on the Issuance of Interim Measures for the Promotion of Fair Market Competition in the China (Fujian) Pilot Free Trade Zone
2017-09-07

Notice of the Fujian Provincial Administration for Industry and Commerce on the Issuance of Interim Measures for the Promotion of Fair Market Competition in the China (Fujian) Pilot Free Trade Zone

 

 

Min Gong Shang Gui [2015] No.1


All district and city’s administrations for industry and commerce and the market supervision and administration bureau of Pingtan Comprehensive Pilot Zone:   

                                                   
  

According to the work deployment arranged by CPC province and provincial government and in order to promote the fair market competition in the China (Fujian) Pilot Free Trade Zone, maintain a good market order, strengthen the interim and ex-post supervision, regulate the acts of unfair competition and promote the innovation of market supervision system in the China (Fujian) Pilot Free Trade Zone, the Interim Measures for the Promotion of Fair Market Competition in the China (Fujian) Pilot Free Trade Zone are hereby formulated. After approval by the chief of Fujian Provincial Administration for Industry and Commerce through discussion and research in the meeting, and by the work leading group of the China (Fujian) Pilot Free Trade Zone and Legal Affairs Office of Fujian Provincial Government through review, it is hereby issued and printed to you. Please implement it conscientiously.        

                       

                                                                                                                                                                                                             

 

Fujian Provincial Administration for Industry and Commerce  

 

April 2, 2015


  
  

Interim Measures for the Promotion of Fair Market Competition in the China (Fujian) Pilot Free Trade Zone


 

Article 1 In order to promote the fair market competition in the China (Fujian) Pilot Free Trade Zone (hereinafter referred to as PFTZ), maintain a good market order, strengthen the interim and ex-post supervision, regulate the acts of unfair competition and promote the innovation of market supervision system in the China (Fujian) Pilot Free Trade Zone, these Interim Measures are formulated in accordance with Anti-monopoly Law of People's Republic of China, Law of People's Republic of China against Unfair Competition, Opinions of the State Council on Promoting Fair Competition in the Market to Maintain Good Market Order (Guo Fa [2014] No.20), Provisions of the State Council on Banning the Regional Blockades in the Market Economy Activities (No.303 Order of the State Council) and the Framework Plan of China (Fujian) Pilot Free Trade Zone.
  

Article 2 The administrative authority and market regulator of the PFTZ and the operators in the PFTZ, when proceeding with trade related to goods, services, trade-related intellectual property rights etc, shall strictly comply with market-competition-related laws, regulations, rules and regulatory documents, and universally accepted business ethics and practices, so as to jointly maintain an equal, orderly, fair and justified market competition order.
  

Article 3 The administrative authority of the PFTZ shall support and work together the market regulator to carry out market supervision and competitive law enforcement work within the PFTZ to provide a necessary guarantee for law enforcement.

 

Article 4 Relevant administrative departments shall not abuse administrative power to exclude or restrict competition other than the statutory license projects and those set out in the Negative List. Public utility enterprises and other operators in a legitimately monopolistic position shall implement non-discriminatory trading terms on other operators within the PFTZ and allow other operators to have equal access to the public infrastructure. They shall not abuse their dominant positions to eliminate or restrict competition, damage the interest of direct or indirect competitors, violate the rights and interests of consumers and have other acts of unfair competition, such as stopping their trading parties from choosing the products that meet the legal standard and other restrictive transactions. 

Article 5 Operators shall compete with each other in a free and fair manner within the PFTZ without violating relevant laws, regulations, rules and regulatory documents, and well recognized business ethics and practices. When doing trade related to goods, services and trade-related intellectual property rights, they are prohibited to eliminate or restrict competition, damage the interest of direct or indirect competitors, violate the rights and interests of consumers and have other acts of unfair competition. When setting outdoor advertisements in the PFTZ, they may use traditional Chinese characters, and the advertising operators in the PFTZ shall be exempted from examination and approval of advertising activities in outdoor advertisements.
 

Article 6 The provincial industrial and commercial bureau and the industrial and commercial organs of the PFTZ (including market supervision and administration organs, hereinafter referred to as the "the industrial and commercial organs of the PFTZ") shall carry out relevant law enforcement work in accordance with law to monitor, supervise and administrate the market in the PFTZ and maintain a good competition order, and strive to continuously improve the specialization, legalization and standardization level of administrative law enforcement.

Article 7 The industrial and commercial organs shall perform the following duties according to law:
  
 

(1) They shall establish a sound monitoring system of market competition order for the PFTZ timely monitor the market order, assess the fair competition rate and issue early warning information of unfair competition behaviors.

(2) They shall put forward modification proposals on the regulatory documents with unfair competition contents on the basis of the complaint reports from the market main entities, in accordance with laws and regulations, and for the purposes of protecting and promoting market competition and maintaining a fair and efficient market competition order.
 

(3) They shall investigate and deal with all kinds of unfair competition acts within the PFTZ in accordance with relevant laws, provisions and rules, or by exercising the powers and rights granted by the higher authorities.

 

(4) They shall carry out relevant legal publicity and training to promote fair market competition in the PFTZ.
  

Article 8 Except as otherwise provided by laws and administrative regulations, any unfair competition acts occurring in the PFTZ shall be investigated and dealt with by the industrial and commercial organs of the PFTZ or above. Unfair competition acts, which occur within the PFTZ but are related to issues outside the PFTZ, are deemed serious and may cause great influence, shall be investigated and dealt with by the provincial industrial and commercial bureau or the industrial and commercial organs of the PFTZ authorized by the provincial industrial and commercial bureau in accordance with laws.
       

Article 9 The provincial industrial and commercial bureau and the industrial and commercial organs of the PFTZ may accept reports of unfair competition acts in the PFTZ. Departments responsible for the acceptance of reports shall, in accordance with the division of responsibilities, immediately transfer all relevant materials to the competent departments for further handling. The industrial and commercial organs of the PFTZ shall immediately report all relevant information, such as the verification of the clues of the unfair competition acts, and the filing, investigation and treatment of the unfair competition acts, to the provincial industrial and commercial bureau the first time they get them.
                                               

Article 10 The administrative penalties for unfair competition acts shall be conducted by the industrial and commercial organs in accordance with laws and in compliance with the principle of justness, and also shall be governed by the provisions on judicial discretion for administrative penalty enacted or approved by the Fujian Provincial Administration of Industry and Commerce.
 

Article 11 As for items involved in the cases, which will not pose harm to the environment, public security and personal security, and has the infringing marks removed from them, the industrial and commercial organs have the rights to donate them to a civil affairs department or registered charity after the law-based administrative punishment decision of confiscating them comes into force. The infringing items, with the relevant evidence retained, may be destroyed by the infringer in accordance with relevant provisions under the supervision of the industrial and commercial organs and the obligee.
                                           

Article 12 We shall support the industrial and commercial organs of the PFTZ and other market supervision departments to carry out coordinated law enforcement and actively explore new modes of law enforcement.
  

Article 13 We shall strengthen the informatization construction for the procedures of the supervision and law enforcement for the industrial and commercial organs of the PFTZ and establish a unified information platform for relevant officers to handling cases and enforce the law so as to improve the level of information exchange and sharing. Additionally, we shall establish a sound mechanism for the administration, usage and sharing of punishment information and rely on the market main body credit information publicity platform to conduct joint disciplinary program on the operators with acts of unfair competition according to the principle that those operators who are imposed a penalty are held to a more serious standard in every aspect of work.                            

Article 14 We shall support operators to set up industry associations and others alike to conduct self-management and self-regulation, and improve their awareness of compliance, integrity and fair competition.                                    

Article 15 We shall give full support on the establishment of an exchange mechanism for Taiwan and foreign related law enforcement in the PFTZ to promote the inter-regional law enforcement cooperation.

                            

Article 16 These measures shall be interpreted by Fujian Provincial Administration for Industry and Commerce.
  

Article 17 These measures shall be implemented on the date of issuance.

 

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