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发布日期: 2023-05-08 来源: 广州市市场监督管理局 字体大小:

  notice of guangzhou municipal administration for market regulation on printing and issuing the list of liability reductions and exemptions from administrative law enforcement of guangzhou market regulation system

to all district-level administrations for market regulation, nansha district bureau of comprehensive administrative law enforcement, all intellectual property offices of development zones, all divisions and offices of the organs, and all directly controlled departments,

  the list of liability reductions and exemptions from administrative law enforcement of guangzhou market regulation system (hereinafter referred to as the "list") is hereby printed and issued to you for conscientious implementation. in case of any inconsistency between the matters related to market regulation in the notice on printing and issuing the list of minor illegal business activities exempted from penalty and coercion in guangzhou market (ssf [2020] no.7) issued by seven government authorities including bureau of justice of guangzhou municipality and the list of minor illegal business activities exempted from penalty and coercion in guangzhou market regulation (2021 version) and this list, this list shall prevail. this list shall take effect from the date of issuance to july 12, 2026, in line with the provisions on the discretion of guangzhou municipal administration for market regulation to regulate administrative penalties (ssjgz [2021] no. 4).

  appendix: list of liability reductions and exemptions from administrative law enforcement of guangzhou market regulation system

guangzhou municipal administration for market regulation

march 27, 2023


appendix

list of liability reductions and exemptions from administrative law enforcement of guangzhou market regulation system

list of penalty exemptions

s/n

item

basic code

legal basis

applicability

basis for exemption

regulatory measures

remarks

1

administrative penalties for advertising on the internet without clearly indicating the term "advertisement" so that consumers cannot identify them as advertisements;

440226097000

articles 14.2 and 59.3 of the advertisement law of the people's republic of china, and article 7.1 and article 23 of the interim measures for the administration of internet advertising

advertisements released through mass media are not clearly marked with the term "advertisement" but can be identified by consumers as advertisements, and corresponding corrections have been made as ordered within a prescribed time limit, without causing any harmful consequences.

article 33.1 of the law of the people's republic of china on administrative penalties

intensify efforts in education and routine inspection, and review corrections in time

after the measures for the administration of internet advertising came into force on may 1, 2023, the relevant legal basis is changed to articles 9 and 25 of the measures

2

penalties for failure of the resident representative office of a foreign enterprise to submit its annual report in accordance with the regulations on the administration of registration of resident representative offices of foreign enterprises

440225743005

articles 6 and 38 (1) of the regulations on the administration of registration of resident representative offices of foreign enterprises

the annual report has been submitted retroactively as ordered within a prescribed time limit for correction, without causing any harmful consequences.

article 33.1 of the law of the people's republic of china on administrative penalties

intensify efforts in education and routine inspection, and review corrections in time


3

administrative penalties for engaging in unlicensed business operations

440226137000

articles 2 and 13 of the measures for investigating and punishing business operations without permit and licensing

the application for a business license has been submitted and approved before the case is filed and investigated, without causing any harmful consequences.

article 33.1 of the law of the people's republic of china on administrative penalties

intensify efforts in education and routine inspection, and review corrections in time


4

administrative penalties for market entities engaging in business activities without registration of establishment

440225045000

articles 3.1 and 43 of the regulations of the people's republic of china on the administration of market entity registration

the application for a business license has been submitted and approved before the case is filed and investigated, without causing any harmful consequences.

article 33.1 of the law of the people's republic of china on administrative penalties

intensify efforts in education and routine inspection, and review corrections in time


5

administrative penalties for catering service operators who fail to post or place anti-food waste signs or refuse to provide doggy bags

44022505e000

articles 11.1 (2) and (6) and 25 of the regulations of guangzhou municipality on anti-food waste

corresponding corrections have been made as ordered within a prescribed time limit, without causing any harmful consequences.

article 33.1 of the law of the people's republic of china on administrative penalties

intensify efforts in education and routine inspection, and review corrections in time


6

administrative penalties for franchisers engaging in franchise activities for more than one year without having at least two direct-sale stores

440218059000

articles 7.2 and 24.1 of the regulations on the administration of commercial franchise

the franchiser violates the law for the first time, has made corresponding corrections as ordered within a prescribed time limit and refunded the franchise fee to franchisees, and has been forgiven by franchisees, provided that harmful consequences caused thereby are minor and one  of the following conditions is met: 1. the violations last no more than three months (from the date of starting a business or engaging in illegal activities); 2. there are less than five franchisees actually; 3. there are no more than three complainants or three complaints involved; 4. the total franchise fee charged shall not exceed rmb 100,000; 5. no more than one brand is involved.

article 33.1 of the law of the people's republic of china on administrative penalties

intensify efforts in education and routine inspection, and review corrections in time


7

administrative penalties for franchise activities in which entities other than enterprises and individuals serve as the franchiser required to be an enterprise

440218060000

articles 3.2 and 24.2 of the regulations on the administration of commercial franchise

the franchiser violates the law for the first time, has ceased illegal business activities in time as ordered and refunded the franchise fee to franchisees, and has been forgiven by franchisees, provided that harmful consequences caused thereby are minor and one of the following conditions is met: 1. the violations last no more than three months (from the date of starting a business or engaging in illegal activities); 2. there are less than five franchisees actually; 3. there are no more than three complainants or three complaints involved; 4. the total franchise fee charged shall not exceed rmb 100,000; 5. no more than one brand is involved.

article 33.1 of the law of the people's republic of china on administrative penalties

intensify efforts in education and routine inspection, and review corrections in time


8

administrative penalties for franchisers' failure to handle procedures for cord filing in accordance with the regulations on the administration of commercial franchise and the administrative measures for the record filing of commercial franchisese

440218064000

articles 8 and 25 of the regulations on the administration of commercial franchise, and articles 7 and 16 of the administrative measures for the record filing of commercial franchises

the franchiser violates the law for the first time and has handled procedures for record filing as ordered within a prescribed time limit, provided that harmful consequences caused thereby are minor and one of the following conditions is met: 1. the violations last no more than six months (from the date of starting a business or engaging in illegal activities); 2. there are less than five franchisees actually; 3. there are no more than three complainants or three complaints involved; 4. the total franchise fee charged shall not exceed rmb 100,000; 5. no more than one brand is involved.

article 33.1 of the law of the people's republic of china on administrative penalties

intensify efforts in education and routine inspection, and review corrections in time


9

administrative penalties for franchisers' failure to explain in writing to their franchisees the purpose of the franchise fee and the refund terms and methods if the franchisers require the franchisees to pay the fee before concluding a franchise contract, as well as administrative penalties for franchisers' failure to report the conclusion of franchise contracts of the previous year to the competent commercial authorities in the first quarter of each year

440218062000

articles 16, 19 and 26 of the regulations on the administration of commercial franchise

case 1:

the franchiser violates the law for the first time and has made corresponding corrections as ordered within a prescribed time limit, provided that harmful consequences caused thereby are minor and one of the following conditions is met: 1. the franchiser has re-explained the purpose of the franchise fee and the refund terms and methods to all franchisees who have paid the fee before signing the franchise contract; 2. the fee can still be refunded without prior explanation.

case 2:

the franchiser violates the law for the first time and has made corresponding corrections as ordered within a prescribed time limit, provided that harmful consequences caused thereby are minor and one of the following conditions is met: 1. no relevant information has been reported to the competent commercial authorities for only one year; 2. the actual number of franchisees who fail to report their development to the competent commercial authorities shall not exceed 10.

article 33.1 of the law of the people's republic of china on administrative penalties

intensify efforts in education and routine inspection, and review corrections in time


10

administrative penalties for franchisers' failure to provide the information specified in article 22 of the regulations on the administration of commercial franchise as well as the copy of the franchise contract to their franchisees in writing at least 30 days before the date of concluding the franchise contract, as well as administrative penalties for franchisers' failure to provide their franchisees with true, accurate and complete information, or for providing false information

440218063000

articles 21, 22, 23 and 28 of the regulations on the administration of commercial franchise

case 1:

the franchiser violates the law for the first time, has made corresponding corrections as ordered within a prescribed time limit, and has been forgiven by franchisees, provided that harmful consequences caused thereby are minor and one of the following conditions is met: 1. no losses are caused to the franchisees due to failure to provide information or franchise contract 30 days in advance in writing; 2. the resulting losses are fully compensated.

case 2:

the franchiser violates the law for the first time, has made corresponding corrections as ordered within a prescribed time limit, and has been forgiven by franchisees, provided that harmful consequences caused thereby are minor and one of the following conditions is met: 1. true, accurate and complete information is provided retroactively to all franchisees; 2. no losses are caused to the franchisees by providing untrue, inaccurate, or incomplete information, or by concealing relevant information or providing false information, or resulting losses are fully compensated.

case 3:

the franchiser violates the law for the first time, has made corresponding corrections as ordered within a prescribed time limit, and has been forgiven by franchisees, provided that harmful consequences caused thereby are minor and one of the following conditions is met: 1. true, accurate and complete information subject to major changes is provided retroactively to all franchisees; 2. no losses are caused to the franchisees due to failure to timely notify the franchisees of any major change in the information provided, and resulting losses are fully compensated.

article 33.1 of the law of the people's republic of china on administrative penalties

intensify efforts in education and routine inspection, and review corrections in time


11

administrative penalties for franchisers' failure to file records with the competent commercial authorities in accordance with the provisions of the regulations on the administration of commercial franchise within 15 days from the date when the franchise contract is first concluded

440218061000

articles 8 and 25 of the regulations on the administration of commercial franchise

the franchiser violates the law for the first time and has handled procedures for record filing as ordered within a prescribed time limit, provided that harmful consequences caused thereby are minor and one of the following conditions is met: 1. the violations last no more than six months (from the date of starting a business or engaging in illegal activities); 2. there are less than five franchisees actually; 3. there are no more than three complainants or three complaints involved; 4. the total franchise fee charged shall not exceed rmb 100,000; 5. no more than one brand is involved.

article 33.1 of the law of the people's republic of china on administrative penalties

intensify efforts in education and routine inspection, and review corrections in time


12

administrative penalties for tenderees who collect bid security or performance security in excess of the proportion specified in the regulation on the implementation of the law of the people's republic of china on bid invitation and bidding or fail to refund the security and interest on bank deposits over the same period as required in international tendering and bidding activities for mechanical and electrical products

440218028000

articles 26.1, 31, 35, 57.2, 58 and 66 of the regulation on the implementation of the law of the people's republic of china on bid invitation and bidding

corresponding corrections have been made as ordered within a prescribed time limit, without causing any harmful consequences.

article 33.1 of the law of the people's republic of china on administrative penalties

intensify efforts in education and routine inspection, and review corrections in time


13

administrative penalties for the bid winners' failure to conclude a contract with the  without justifiable reasons or pay performance security in accordance with the requirements of the tendering documents, or imposing additional conditions on the tenderee when signing the contract in international tendering and bidding activities for mechanical and electrical products

440218034000

articles 57, 58 and 74 of the regulation on the implementation of the law of the people's republic of china on bid invitation and bidding; articles 76, 77 and 98.1 (1) and (2) of the measures for the implementation of international tendering and bidding for mechanical and electrical products (trial)

corresponding corrections have been made as ordered within a prescribed time limit, without causing any harmful consequences.

article 33.1 of the law of the people's republic of china on administrative penalties

intensify efforts in education and routine inspection, and review corrections in time


14

administrative penalties for the bid winners' failure to perform their obligations under the contract concluded with the tenderee due to non-force majeure in international tendering and bidding activities for mechanical and electrical products

440218026000

article 60.2 of the law of the people's republic of china on bid invitation and bidding, article 59.1 of the regulation on the implementation of the law of the people's republic of china on bid invitation and bidding, and articles 69 and 98.1 (3) of the measures for the implementation of international tendering and bidding for mechanical and electrical products (trial)

the bid winners have made corresponding corrections as ordered within a prescribed time limit and performed their obligations in accordance with the contract without causing any harmful consequences.

article 33.1 of the law of the people's republic of china on administrative penalties

intensify efforts in education and routine inspection, and review corrections in time


15

administrative penalties for market entities' failure to handle procedures for change registration in accordance with the regulations of the people's republic of china on the administration of market entity registration

440225044000

articles 24.1 and 46 of the regulations of the people's republic of china on the administration of market entity registration

corresponding procedures have been handled as ordered within a prescribed time limit.

article 46 of the regulations of the people's republic of china on the administration of market entity registration

intensify efforts in education and routine inspection, and review corrections in time


16

administrative penalties for market entities' failure to handle procedures for record filing in accordance with the regulations of the people's republic of china on the administration of market entity registration

44022502n000

articles 9 and 47 of the regulations of the people's republic of china on the administration of market entity registration

corresponding procedures have been handled as ordered within a prescribed time limit.

article 47 of the regulations of the people's republic of china on the administration of market entity registration

intensify efforts in education and routine inspection, and review corrections in time


17

administrative penalties for market entities' failure to place their business license in an eye-catching position at their domicile or main business premises in accordance with the regulations of the people's republic of china on the administration of market entity registration

44022502m000

articles 36 and 48.1 of the regulations of the people's republic of china on the administration of market entity registration

corresponding procedures have been handled as ordered within a prescribed time limit.

article 48.1 of the regulations of the people's republic of china on the administration of market entity registration

intensify efforts in education and routine inspection, and review corrections in time


18

administrative penalties for producing and selling quantitatively packaged commodities without indicating the net quantity

440225506000

articles 5, 6, 7 and 17 of the measures for the supervision and management of quantitative packaging commodities

corresponding corrections have been made as ordered within a prescribed time limit.

article 17 of the measures for the metrological supervision and management of quantitatively packed commodities

intensify efforts in education and routine inspection, and review corrections in time


19

administrative penalties for market organizers' failure to register the  metrological equipment subject to compulsory verification used in the markets, file records with the local administrations for market regulation, or cooperate with the administrations for market regulation and their designated legal metrological verification institutions in compulsory verification

440225508000

articles 5.1 (4) and 11.1 of the measures for metrological supervision and administration of markets

corresponding corrections have been made as ordered within a prescribed time limit.

article 11.1 of the measures for metrological supervision and administration of markets

intensify efforts in education and routine inspection, and review corrections in time


20

administrative penalties for failure to register energy efficiency labels or non-conformance of energy efficiency labels used

440225318000

articles 19.1 and 73.2 of the law of the people's republic of china on energy conservation

corresponding corrections have been made as ordered within a prescribed time limit.

article 73.2 of the law of the people's republic of china on energy conservation

intensify efforts in education and routine inspection, and review corrections in time


21

administrative penalties for failure to indicate the licensee's name and the place of origin on commodities using a registered trademark licensed for use

440225818000

article 43.2 of the trademark law of the people's republic of china, and article 71 of the regulation for the implementation of the trademark law of the people's republic of china

corresponding corrections have been made as ordered within a prescribed time limit.

article 71 of the regulation for the implementation of the trademark law of the people's republic of china

intensify efforts in education and routine inspection, and review corrections in time


22

administrative penalties for failure of e-commerce platform operators to perform their obligations of verification and registration, submit relevant information to appropriate administrations for market regulation and tax authorities, take necessary measures to deal with illegal situations or report such situations to relevant competent authorities, or perform their obligation to keep commodity and service information and transaction information

440225008000

articles 27.1, 28.1, 29, 31 and 80.1 of the e-commerce law of the people's republic of china

corresponding corrections have been made as ordered within a prescribed time limit.

article 80.1 of the e-commerce law of the people's republic of china

intensify efforts in education and routine inspection, and review corrections in time


23

administrative penalties for failure of e-commerce platform operators to take necessary measures in accordance with the law against ip infringement by merchants on platforms

44022500p000

articles 42, 45 and 84 of the e-commerce law of the people's republic of china

corresponding corrections have been made as ordered within a prescribed time limit.

article 84 of the e-commerce law of the people's republic of china

intensify efforts in education and routine inspection, and review corrections in time


24

administrative penalties for failure of e-trade platform operators to distinguish in a conspicuous way merchants who have registered as market entities from those who have not, to ensure that consumers can clearly identify the two

440225039000

articles 27 and 48 of the measures for the supervision and administration of online transactions

corresponding corrections have been made as ordered within a prescribed time limit.

article 48 of the measures for the supervision and administration of online transactions

intensify efforts in education and routine inspection, and review corrections in time


25

in any of the following cases of gross violation: (1) the public information signs are not provided in accordance with the requirements of the standards listed in the directory; (2) the public information signs should have been provided, or the provided public information signs do not meet the relevant regulations and requirements, or the provided advertising facilities affect the use effect of public information signs; (3) the provided public information signs are damaged or fall off, etc.

440285507000

articles 7, 10, 12 and 19 of the administrative measures of guangzhou municipality for standardization of public information signs

corresponding corrections have been made as ordered within a prescribed time limit.

article 19 of the administrative measures of guangzhou municipality for standardization of public information signs

intensify efforts in education and routine inspection, and review corrections in time


list of penalty reductions

s/n

item

basic code

legal basis

applicability

basis for reduction

penalty

regulatory measures

remarks

1

penalties for failure of the resident representative office of a foreign enterprise to handle procedures for change of registration, deregistration or record filing in accordance with the regulations on the administration of registration of resident representative offices of foreign enterprises

440225743001

articles 26, 31, 32 and 38 of the regulations on the administration of registration of resident representative offices of foreign enterprises

in any two or more of the following cases: 1. the harmful consequences of illegal acts are actively eliminated or mitigated; 2. the illegal acts are committed due to coercion or deception by others; 3. illegal acts not yet known to the administrative organs are actively reported to the administrative organs; 4. meritorious deeds are made such as cooperating with administrative organs in investigating and punishing illegal acts.

article 32 of the law of the people's republic of china on administrative penalties

a fine of up to rmb 10,000 will be imposed.

order to make corrections, and review corrections in time


2

penalties for failure of the resident representative office of a foreign enterprise to engage in business activities under the name registered with the registration authority

440225743002

articles 10.2 and 38 of the regulations on the administration of registration of resident representative offices of foreign enterprises

in any two or more of the following cases: 1. the harmful consequences of illegal acts are actively eliminated or mitigated; 2. the illegal acts are committed due to coercion or deception by others; 3. illegal acts not yet known to the administrative organs are actively reported to the administrative organs; 4. meritorious deeds are made such as cooperating with administrative organs in investigating and punishing illegal acts.

article 32 of the law of the people's republic of china on administrative penalties

a fine of up to rmb 10,000 will be imposed.

order to make corrections, and review corrections in time


3

penalties for failure of the resident representative office of a foreign enterprise to adjust its premises in accordance with the requirements of appropriate chinese government authorities

440225743003

articles 15.2 and 38 of the regulations on the administration of registration of resident representative offices of foreign enterprises

in any two or more of the following cases: 1. the harmful consequences of illegal acts are actively eliminated or mitigated; 2. the illegal acts are committed due to coercion or deception by others; 3. illegal acts not yet known to the administrative organs are actively reported to the administrative organs; 4. meritorious deeds are made such as cooperating with administrative organs in investigating and punishing illegal acts.

article 32 of the law of the people's republic of china on administrative penalties

a fine of up to rmb 10,000 will be imposed.

order to make corrections, and review corrections in time


4

penalties for failure of the resident representative office of a foreign enterprise to announce its establishment or changes in accordance with the regulations on the administration of registration of resident representative offices of foreign enterprises

440225743004

articles 20.1 and 38 of the regulations on the administration of registration of resident representative offices of foreign enterprises

in any two or more of the following cases: 1. the harmful consequences of illegal acts are actively eliminated or mitigated; 2. the illegal acts are committed due to coercion or deception by others; 3. illegal acts not yet known to the administrative organs are actively reported to the administrative organs; 4. meritorious deeds are made such as cooperating with administrative organs in investigating and punishing illegal acts.

article 32 of the law of the people's republic of china on administrative penalties

a fine of up to rmb 10,000 will be imposed.

order to make corrections, and review corrections in time


5

administrative penalties for establishment of trademark printing enterprises or engagement in trademark printing business activities without authorization

440225969000

article 12 of the administrative measures for trademark printing and article 36.1 of the regulations on the administration of printing industry

in any two or more of the following cases: 1. minors between 14 and 18 commit illegal acts; 2. the harmful consequences of illegal acts are actively eliminated or mitigated; 3. the illegal acts are committed due to coercion or deception by others; 4. illegal acts not yet known to the administrative organs are actively reported to the administrative organs; 5. meritorious deeds are made such as cooperating with administrative organs in investigating and punishing illegal acts.

articles 30 and 32 of the law of the people's republic of china on administrative penalties

printed materials and illegal gains, as well as special tools and equipment for illegal activities, will be confiscated; a fine of up to five times the amount of illegal operating revenue will be imposed if the amount exceeds rmb 10,000; a fine of up to rmb 10,000 will be imposed if the amount is less than rmb 10,000.

order to make corrections, review corrections in time, intensify efforts in education, and give a warning


6

administrative penalties for advertising on the internet without clearly indicating the close indication or providing the one-click close function

440226101000

articles 44.2 and 62.2 of the advertisement law of the people's republic of china

in any two or more of the following cases: 1. minors between 14 and 18 commit illegal acts; 2. the harmful consequences of illegal acts are actively eliminated or mitigated; 3. the illegal acts are committed due to coercion or deception by others; 4. illegal acts not yet known to the administrative organs are actively reported to the administrative organs; 5. meritorious deeds are made such as cooperating with administrative organs in investigating and punishing illegal acts.

articles 30 and 32 of the law of the people's republic of china on administrative penalties

advertisers will be fined up to rmb 5,000.

order to make corrections, review corrections in time, intensify efforts in education, and give a warning


7

administrative penalties for failure of any entities or individuals to advertise in other people's houses or means of transport or advertise by sending electronic information without the consent or request of the people concerned

440226015000

articles 43.1 and 62.1 of the advertisement law of the people's republic of china

in any two or more of the following cases: 1. minors between 14 and 18 commit illegal acts; 2. the harmful consequences of illegal acts are actively eliminated or mitigated; 3. the illegal acts are committed due to coercion or deception by others; 4. illegal acts not yet known to the administrative organs are actively reported to the administrative organs; 5. meritorious deeds are made such as cooperating with administrative organs in investigating and punishing illegal acts.

articles 30 and 32 of the law of the people's republic of china on administrative penalties

advertisers will be fined up to rmb 5,000.

order to make corrections


8

administrative penalties for advertising by sending electronic information without clearly indicating the true identity and contact information of the advertiser, or without providing the receiver with a way to refuse

440226014000

articles 43.2 and 62.1 of the advertisement law of the people's republic of china

in any two or more of the following cases: 1. minors between 14 and 18 commit illegal acts; 2. the harmful consequences of illegal acts are actively eliminated or mitigated; 3. the illegal acts are committed due to coercion or deception by others; 4. illegal acts not yet known to the administrative organs are actively reported to the administrative organs; 5. meritorious deeds are made such as cooperating with administrative organs in investigating and punishing illegal acts.

articles 30 and 32 of the law of the people's republic of china on administrative penalties

advertisers will be fined up to rmb 5,000.

order to make corrections


list of lenient penalties

s/n

item

basic code

legal basis

applicability

basis for reduction

penalty

regulatory measures

remarks

1

administrative penalties for failure of partnership enterprises to indicate "general partnership", "special general partnership" or "limited partnership" in their name

440226082000

articles 15, 56, 62 and 94 of the law of the people's republic of china on partnerships

in any of the following cases:

1. the violator can correct voluntarily or suspend in a timely manner its illegal acts; 2. the violator can actively cooperate with administrations for market regulation in investigation, truthfully report the illegal facts and actively provide evidence materials.

article 32 of the law of the people's republic of china on administrative penalties, and the provisions on the discretion of guangzhou municipal administration for market regulation to regulate administrative penalties (ssjgz [2021] no. 4)

a fine of between rmb 2,000 and rmb 4,400 will be imposed.

order to make corrections, and review corrections in time


2

administrative penalties for engaging in partnership business in the name of a partnership or its branch office without obtaining a business license

440226085000

articles 11.2 and 95.1 of the law of the people's republic of china on partnerships

in any of the following cases:

1. the violator can actively cooperate with administrations for market regulation in investigation, truthfully report the illegal facts and actively provide evidence materials. 2. the amount of illegal gains is less than rmb 100,000, or it has been operating for one to three months.

article 32 of the law of the people's republic of china on administrative penalties, and the provisions on the discretion of guangzhou municipal administration for market regulation to regulate administrative penalties (ssjgz [2021] no. 4)

a fine of between rmb 5,000 and rmb 18,500 will be imposed.

order to cease the business activities


3

administrative penalties for setting up representative offices or engaging in business activities of representative offices without registration

440225739000

articles 4.1 and 35.1 of the regulations on the administration of registration of resident representative offices of foreign enterprises

in any of the following cases:

1. the violator can actively cooperate with administrations for market regulation in investigation, truthfully report the illegal facts and actively provide evidence materials; 2. the violator is tricked into committing illegal acts by others.

article 32 of the law of the people's republic of china on administrative penalties, and the provisions on the discretion of guangzhou municipal administration for market regulation to regulate administrative penalties (ssjgz [2021] no. 4)

a fine of between rmb 50,000 and rmb 95,000 will be imposed.

order to cease business activities


4

administrative penalties for representative offices engaging in profit-making activities in violation of the regulations on the administration of registration of resident representative offices of foreign enterprises

440225738000

articles 13.1 and 35.2 of the regulations on the administration of registration of resident representative offices of foreign enterprises

the violator can actively cooperate with the investigation, and the amount of illegal operating revenue is less than rmb 200,000 or the amount of illegal gains is less than rmb 50,000.

article 32 of the law of the people's republic of china on administrative penalties, and the provisions on the discretion of guangzhou municipal administration for market regulation to regulate administrative penalties (ssjgz [2021] no. 4)

illegal gains, as well as tools, equipment, raw materials, products (commodities) and other property specially for profit-making activities will be confiscated, and a fine of between rmb 50,000 and rmb 185,000 will be imposed.

order to make corrections, and review corrections in time


5

administrative penalties for selling commodities that must bear a registered trademark as prescribed by laws or administrative regulations on the market without approval and registration

440225815000

articles 6 and 51 of the trademark law of the people's republic of china

in any of the following cases:

1. the violator can actively cooperate with administrations for market regulation in investigation, truthfully report the illegal facts and actively provide evidence; 2. the illegal act is of a minor nature and less harmful to society.

article 32 of the law of the people's republic of china on administrative penalties, and the provisions on the discretion of guangzhou municipal administration for market regulation to regulate administrative penalties (ssjgz [2021] no. 4)

a fine of up to 6% of the amount of illegal operating revenue will be imposed if the amount exceeds rmb 50,000;

a fine of up to rmb 3,000 will be imposed if no illegal operating revenue is found or the amount of illegal operating revenue is less than rmb 50,000;

order to apply for registration within a prescribed time limit


6

administrative penalties for the production and sale of cigarettes, cigars and packaged cut tobacco without registered trademarks

440225826000

articles 6 and 51 of the trademark law of the people's republic of china, and articles 19.1 and 33.1 of the law of the people's republic of china on tobacco monopoly

in any of the following cases:

1. the violator can actively cooperate with administrations for market regulation in investigation, truthfully report the illegal facts and actively provide evidence; 2. the illegal act is of a minor nature and less harmful to society.

article 32 of the law of the people's republic of china on administrative penalties, and the provisions on the discretion of guangzhou municipal administration for market regulation to regulate administrative penalties (ssjgz [2021] no. 4)

a fine of up to 6% of the amount of illegal operating revenue will be imposed if the amount exceeds rmb 50,000;

a fine of up to rmb 3,000 will be imposed if no illegal operating revenue is found or the amount of illegal operating revenue is less than rmb 50,000;

order to apply for registration within a prescribed time limit and to stop production and sales


7

penalties for use of unregistered trademarks in violation of the provisions of article 10 of the trademark law

440225821002

articles 10 and 52 of the trademark law of the people's republic of china

in any of the following cases:

1. the violator can actively cooperate with administrations for market regulation in investigation, truthfully report the illegal facts and actively provide evidence; 2. the illegal act is of a minor nature and less harmful to society.

article 32 of the law of the people's republic of china on administrative penalties, and the provisions on the discretion of guangzhou municipal administration for market regulation to regulate administrative penalties (ssjgz [2021] no. 4)

a fine of up to 6% of the amount of illegal operating revenue will be imposed if the amount exceeds rmb 50,000;

a fine of up to rmb 3,000 will be imposed if no illegal operating revenue is found or the amount of illegal operating revenue is less than rmb 50,000;

order to stop the use and make corrections within a prescribed time limit, and circulate a notice


8

penalties for using an unregistered trademark as a registered trademark

440225821001

articles 6, 10, and 52 of the trademark law of the people's republic of china

in any of the following cases: 1. the violator can actively cooperate with administrations for market regulation in investigation, truthfully report the illegal facts and actively provide evidence; 2. the illegal act is of a minor nature and less harmful to society.

article 32 of the law of the people's republic of china on administrative penalties, and the provisions on the discretion of guangzhou municipal administration for market regulation to regulate administrative penalties (ssjgz [2021] no. 4)

a fine of up to 6% of the amount of illegal operating revenue will be imposed if the amount exceeds rmb 50,000;

a fine of up to rmb 3,000 will be imposed if no illegal operating revenue is found or the amount of illegal operating revenue is less than rmb 50,000;

order to stop the use and make corrections within a prescribed time limit, and circulate a notice


9

administrative penalties for failure to indicate the licensee's name and the place of origin on commodities using a registered trademark licensed for use

440225818000

article 43.2 of the trademark law of the people's republic of china and article 71 of the regulation for the implementation of the trademark law of the people's republic of china

in any of the following cases: 1. the violator can actively cooperate with administrations for market regulation in investigation, truthfully report the illegal facts and actively provide evidence; 2. the illegal act is of a minor nature and less harmful to society.

article 32 of the law of the people's republic of china on administrative penalties, and the provisions on the discretion of guangzhou municipal administration for market regulation to regulate administrative penalties (ssjgz [2021] no. 4)

those who fail to make corrections within the prescribed time limit will be ordered to stop sales; those who refuse to stop sales will be fined up to rmb 30,000.

order to make corrections within a prescribed time limit


10

penalties for selling goods that infringe upon the exclusive right to use a registered trademark

440225822007

articles 57 and 60.2 of the trademark law of the people's republic of china

in any of the following cases: 1. the violator can actively cooperate with administrations for market regulation in investigation, truthfully report the illegal facts and actively provide evidence; 2. the illegal act is of a minor nature and less harmful to society.

article 32 of the law of the people's republic of china on administrative penalties, and the provisions on the discretion of guangzhou municipal administration for market regulation to regulate administrative penalties (ssjgz [2021] no. 4)

infringing goods and tools mainly used for manufacturing infringing goods and counterfeiting registered trademarks will be confiscated and destroyed;

a fine of up to 1.5 times the amount of illegal operating revenue will be imposed if the amount exceeds rmb 50,000;

a fine of up to rmb 75,000 will be imposed if no illegal operating revenue is found or the amount of illegal operating revenue is less than rmb 50,000.

order to make corrections, intensify efforts in education, and give a warning


11

penalties for violations of trademark agencies against the provisions of articles 19.3 and 19.4 of the trademark law

440225224002

articles 4, 19.3, 19.4, and 68.1 (3) of the trademark law of the people's republic of china

in any of the following cases:

1. the violator can actively cooperate with administrations for market regulation in investigation, truthfully report the illegal facts and actively provide evidence; 2. the violator has sufficient evidence to prove that there is no subjective intention or gross negligence; 3. the violator can take the initiative to make correction or promptly stop the illegal act.

article 32 of the law of the people's republic of china on administrative penalties, and the provisions on the discretion of guangzhou municipal administration for market regulation to regulate administrative penalties (ssjgz [2021] no. 4)

a warning will be given and a fine of between rmb 10,000 and rmb 37,000 will be imposed;

heads and other persons directly in charge will be given a warning and fined not less than rmb 5,000 but not more than rmb 18,500.

order to make corrections within a prescribed time limit


12

penalties for violations of trademark printers against the provisions of articles 7 to 10 of the administrative measures for trademark printing

440225643000

articles 7 to 10 and 11 of the administrative measures for trademark printing

in any of the following cases:

1. the violator can actively cooperate with administrations for market regulation in investigation, truthfully report the illegal facts and actively provide evidence; 2. the illegal act is of a minor nature and less harmful to society; 3. the violator can take the initiative to make correction or promptly stop the illegal act.

article 32 of the law of the people's republic of china on administrative penalties, and the provisions on the discretion of guangzhou municipal administration for market regulation to regulate administrative penalties (ssjgz [2021] no. 4)

a warning is given depending on the circumstances. if there are illegal gains, a fine of up to 1.5 times the amount of illegal gains or up to rmb 30,000 will be imposed; if no illegal grains are found, a fine of up to rmb 3,000 may be imposed.

order to make corrections within a prescribed time limit


13

administrative penalties for establishment of trademark printing enterprises or engagement in trademark printing business activities without authorization

440225969000

article 12 of the administrative measures for trademark printing, and articles 10 and 36.1 of the regulations on the administration of printing industry

in any of the following cases:

1. the violator can actively cooperate with administrations for market regulation in investigation, truthfully report the illegal facts and actively provide evidence; 2. the illegal act is of a minor nature and less harmful to society; 3. the violator can take the initiative to make correction or promptly stop the illegal act.

article 32 of the law of the people's republic of china on administrative penalties, and the provisions on the discretion of guangzhou municipal administration for market regulation to regulate administrative penalties (ssjgz [2021] no. 4)

printed materials and illegal gains, as well as special tools and equipment for illegal activities, will be confiscated;

a fine of between 5 and 6.5 times the amount of illegal operating revenue will be imposed if the amount exceeds rmb 10,000; a fine of between rmb 10,000 and rmb 22,000 will be imposed if the amount is less than rmb 10,000.

order to make corrections, intensify efforts in education, and give a warning


14

administrative penalties for providing inaccurate and unclear information about the performance, function, origin, purpose, quality, composition, price, producer, expiration date and commitment of goods or about the content, provider, form, quality, price and promise of services in advertisements

440225973000

articles 8.1 and 59.1 (1) of the advertisement law of the people's republic of china

in any of the following cases:

1. the violator takes corrective, recall or compensation measures to reduce the harmful consequences; 2. the violator violates the law for the first time, causing minor harmful consequences; 3. the violator cooperates with administrative organs in investigating and punishing illegal acts; 4. advertising lasts less than half a year.

article 32 of the law of the people's republic of china on administrative penalties, and the provisions on the discretion of guangzhou municipal administration for market regulation to regulate administrative penalties (ssjgz [2021] no. 4)

advertisers will be fined up to rmb 30,000.

order to stop advertising


15

administrative penalties for failure to specify the variety, specifications, quantity, warranty period limit and manner of goods or services that are promoted as free gifts as described in the advertisement

440225977000

articles 8.2 and 59.1 (1) of the advertisement law of the people's republic of china

in any of the following cases:

1. the violator takes corrective, recall or compensation measures to reduce the harmful consequences; 2. the violator violates the law for the first time, causing minor harmful consequences; 3. the violator cooperates with administrative organs in investigating and punishing illegal acts; 4. advertising lasts less than half a year.

article 32 of the law of the people's republic of china on administrative penalties, and the provisions on the discretion of guangzhou municipal administration for market regulation to regulate administrative penalties (ssjgz [2021] no. 4)

advertisers will be fined up to rmb 30,000.

order to stop advertising


16

administrative penalties for failure to clearly express the information that is required to be clearly expressed in advertisements as stipulated by laws and administrative regulations

440225981000

articles 8.3 and 59.1 (1) of the advertisement law of the people's republic of china

in any of the following cases:

1. the violator takes corrective, recall or compensation measures to reduce the harmful consequences; 2. the violator violates the law for the first time, causing minor harmful consequences; 3. the violator cooperates with administrative organs in investigating and punishing illegal acts; 4. advertising lasts less than half a year.

article 32 of the law of the people's republic of china on administrative penalties, and the provisions on the discretion of guangzhou municipal administration for market regulation to regulate administrative penalties (ssjgz [2021] no. 4)

advertisers will be fined up to rmb 30,000.

order to stop advertising


17

administrative penalties for advertising on the internet without clearly indicating the close indication or providing the one-click close function

440226101000

articles 44.2 and 62.2 of the advertisement law of the people's republic of china

in any of the following cases:

1. the violator can actively cooperate with administrations for market regulation in investigation, truthfully report the illegal facts and actively provide evidence materials; 2. the violator can take the initiative to make correction or promptly stop the illegal act.

article 32 of the law of the people's republic of china on administrative penalties, and the provisions on the discretion of guangzhou municipal administration for market regulation to regulate administrative penalties (ssjgz [2021] no. 4)

advertisers will be fined not less than rmb 5,000 but not more than rmb 12,500.

order to make corrections, intensify efforts in education, and give a warning


18

administrative penalties for failure of any entities or individuals to advertise in other people's houses or means of transport or advertise by sending electronic information without the consent or request of the people concerned

440226015000

articles 43 and 62.1 of the advertisement law of the people's republic of china

in any of the following cases:

1. the violator can actively cooperate with administrations for market regulation in investigation, truthfully report the illegal facts and actively provide evidence materials; 2. the violator can take the initiative to make correction or promptly stop the illegal act.

article 32 of the law of the people's republic of china on administrative penalties, and the provisions on the discretion of guangzhou municipal administration for market regulation to regulate administrative penalties (ssjgz [2021] no. 4)

advertisers will be fined not less than rmb 5,000 but not more than rmb 12,500.

order to make corrections, intensify efforts in education, and give a warning


19

administrative penalties for e-trade operators sending commercial information to consumers without consent or request of consumers, sending commercial information without clearly indicating their true identity and contact information, or without providing receivers with a way to refuse, and still sending or re-sending such information after changing the name if consumers clearly refuse

44022503m000

articles 16 and 41 of the measures for the supervision and administration of online transactions

in any of the following cases:

1. the violator can cooperate with administrative organs in investigating and punishing illegal acts; 2. the violator can take the initiative to eliminate or mitigate the harmful consequences of illegal acts.

article 32 of the law of the people's republic of china on administrative penalties, and the provisions on the discretion of guangzhou municipal administration for market regulation to regulate administrative penalties (ssjgz [2021] no. 4)

those who fail to make corrections within the time limit will be fined not less than rmb 10,000 but not more than rmb 16,000.

order to make corrections, intensify efforts in education, and give a warning


20

administrative penalties for refusal of e-trade platform operators to provide materials related to online business sites for merchants on platforms

440225034000

articles 10 and 40 of the measures for the supervision and administration of online transactions

in any of the following cases:

1. the violator can cooperate with administrative organs in investigating and punishing illegal acts; 2. the violator can take the initiative to eliminate or mitigate the harmful consequences of illegal acts.

article 32 of the law of the people's republic of china on administrative penalties, and the provisions on the discretion of guangzhou municipal administration for market regulation to regulate administrative penalties (ssjgz [2021] no. 4)

a fine of between rmb 5,000 and rmb 12,500 may be imposed.

order to make corrections, intensify efforts in education, and give a warning


21

penalties for promoting medical devices or products with the same and similar intended purpose to consumers in the form of lectures, live experience, etc., and for failure of the event organizer to report the event in accordance with regulations

440272383000

articles 10 and 33 of the administrative measures of guangzhou municipality for the regulation on operation and use of medical devices

in any of the following cases:

1. the violator can actively cooperate with administrations for market regulation in investigation, truthfully report the illegal facts and actively provide evidence materials; 2. the illegal act is of a minor nature and less harmful to society; 3. the violator is tricked into committing illegal acts by others; 4. the violator plays a secondary or auxiliary role in joint illegal acts; 5. the violator can take the initiative to make correction or promptly stop the illegal act; 6. the violator has real difficulties in living due to disability, serious illness or other reasons; 7. the implementation of administrative penalties will cause serious difficulties in the basic production and livelihood of the violator.

article 32 of the law of the people's republic of china on administrative penalties, and the provisions on the discretion of guangzhou municipal administration for market regulation to regulate administrative penalties (ssjgz [2021] no. 4)

a fine of between rmb 10,000 and rmb 18,000 will be imposed.

order to make corrections immediately, review corrections in time, intensify efforts in education, and provide guidance through interviews


22

penalties for failure of users of medical device to establish regulations on medical device scrapping or to scrap medical devices in accordance with the regulations

440272388000

articles 19 and 39 of the administrative measures of guangzhou municipality for the regulation on operation and use of medical devices

in any of the following cases:

1. the violator can actively cooperate with administrations for market regulation in investigation, truthfully report the illegal facts and actively provide evidence materials; 2. the illegal act is of a minor nature and less harmful to society; 3. the violator is tricked into committing illegal acts by others; 4. the violator plays a secondary or auxiliary role in joint illegal acts; 5. the violator can take the initiative to make correction or promptly stop the illegal act; 6. the violator has real difficulties in living due to disability, serious illness or other reasons; 7. the implementation of administrative penalties will cause serious difficulties in the basic production and livelihood of the violator.

article 32 of the law of the people's republic of china on administrative penalties, and the provisions on the discretion of guangzhou municipal administration for market regulation to regulate administrative penalties (ssjgz [2021] no. 4)

a fine of between rmb 1,000 and rmb 2,600 will be imposed.

order to make corrections immediately, review corrections in time, intensify efforts in education, and provide guidance through interviews


list of administrative compulsory measuresexempted

s/n

item

basic code

legal basis

applicability

basis for exemption

regulatory measures

remarks

1

administrative compulsory measures to seize advertising items, tools for business activities, equipment and other property directly related to suspected illegal advertisements

440325031001

article 49.1 (5) of the advertisement law of the people's republic of china

in any of the following case: corresponding corrections have been made as ordered within a prescribed time limit, without causing any harmful consequences, and other non-coercion measures may be taken for the purpose of administration:

1. advertisements with the terms "national level", "highest level" and "best" are released at the advertiser's own business premises or through internet we-media; 2. advertisements released through mass media are not clearly marked with the term "advertisement", which can enable consumers to identify them as advertisements; 3. if the advertisement involves a patented product or method, the patent number is not indicated, and the patent is valid; 4. the information cited in the advertisement are true and accurate, but the source of information is not indicated in the advertisement.

articles 5 and 16.2 of the administrative coercion law of the people's republic of china

record illegal evidence by taking photos, making audio or video recordings and capturing screens


2

administrative compulsory measures to detain advertising items, tools for business activities, equipment and other property directly related to suspected illegal advertisements

440325031002

article 49.1 (5) of the advertisement law of the people's republic of china

in any of the following case: corresponding corrections have been made as ordered within a prescribed time limit, without causing any harmful consequences, and other non-compulsory measures may be taken for the purpose of administration:

1. advertisements with the terms "national level", "highest level" and "best" are released at the advertiser's own business premises or through internet we-media; 2. advertisements released through mass media are not clearly marked with the term "advertisement", which can enable consumers to identify them as advertisements; 3. if the advertisement involves a patented product or method, the patent number is not indicated, and the patent is valid; 4. the information cited in the advertisement are true and accurate, but the source of information is not indicated in the advertisement.

articles 5 and 16.2 of the administrative coercion law of the people's republic of china

record illegal evidence by taking photos, making audio or video recordings and capturing screens


3

administrative compulsory measures to seize premises suspected of being used for business operations without permit and licensing

440325030002

article 11.2 of the measures for investigating and punishing business operations without permit and licensing

the application for a business license has been submitted and approved before the case is filed and investigated, without causing any harmful consequences.

articles 5 and 16.2 of the administrative coercion law of the people's republic of china

record illegal evidence by taking photos, making audio or video recordings and capturing screens


4

administrative compulsory measures to seize tools and other items suspected of being used in business operations without permit and licensing

440325030001

article 11.2 of the measures for investigating and punishing business operations without permit and licensing

the application for a business license has been submitted and approved before the case is filed and investigated, without causing any harmful consequences.

articles 5 and 16.2 of the administrative coercion law of the people's republic of china

record illegal evidence by taking photos, making audio or video recordings and capturing screens


5

administrative compulsory measuresto detain tools and other items suspected of being used in business operations without permit and licensing

440325030003

article 11.2 of the measures for investigating and punishing business operations without permit and licensing

the application for a business license has been submitted and approved before the case is filed and investigated, without causing any harmful consequences.

articles 5 and 16.2 of the administrative coercion law of the people's republic of china

record illegal evidence by taking photos, making audio or video recordings and capturing screens



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