Measures of the Tibet Autonomous Region for the Implementation of the "Consumer Rights and Interests Protection Law of the People's Republic of China" (Revised in 2017)

Chapter 1 General Provisions Article 1 In order to protect the legitimate rights and interests of consumers, maintain social and economic order, and promote the healthy development of the socialist market economy, in accordance with the "Consumer Rights and Interests Protection Law of the People's Republic of China" and other laws and regulations, and in light of the actual conditions of the autonomous region, these measures are formulated. Article 2 When consumers purchase and use goods or receive services for daily consumption within the administrative area of ??the autonomous region, their rights and interests are protected by these Measures. Business operators shall comply with these Measures when providing consumers with the goods or services they produce and sell. Article 3 The protection of the legitimate rights and interests of consumers shall be based on the principle of combining state protection, operator self-discipline and social supervision. Article 4 People's governments at or above the county level shall establish a consumer rights protection committee to lead, organize, and coordinate the protection of consumers' legitimate rights and interests, strengthen inter-departmental collaboration, urge relevant administrative departments to perform their duties of protecting consumers' legitimate rights and interests, and support consumer associations Fulfill the duty to protect the legitimate rights and interests of consumers in accordance with the law.

The Consumer Rights Protection Committee is composed of relevant departments, industry associations, news organizations, social groups and consumer representatives, etc., and performs the responsibilities of protecting consumer rights and interests assigned by the people's governments at or above the county level.

Industry and commerce, development and reform, industry and information technology, finance, housing and urban and rural construction, transportation, agriculture and animal husbandry, commerce, health and family planning, quality supervision, food and drug supervision, tourism development, education, postal services, etc. Competent departments should, within the scope of their respective responsibilities, strengthen the supervision of operators, investigate and punish behaviors that harm the legitimate rights and interests of consumers, and support the work of consumer organizations. Article 5 Relevant industry organizations and industry associations should establish and improve industry self-discipline mechanisms to urge operators in the industry to operate in accordance with the law; the industry rules formulated should meet the requirements for protecting the legitimate rights and interests of consumers. Article 6 The Consumer Protection Committee shall provide guidance and support for consumer associations to perform their duties in accordance with the law. Consumer associations carry out activities to protect the legitimate rights and interests of consumers in accordance with laws, regulations and their charters. Article 7: The autonomous region encourages and supports all organizations and individuals to conduct social supervision of behaviors that harm the legitimate rights and interests of consumers.

The mass media should do a good job in publicity to safeguard the legitimate rights and interests of consumers, and conduct public opinion supervision of behaviors that harm the legitimate rights and interests of consumers. Chapter 2 Consumers' Rights and Operators' Obligations Article 8 Consumers enjoy various rights stipulated in the "Consumer Rights and Interests Protection Law of the People's Republic of China" and other relevant laws and regulations. Consumers should improve their awareness of self-protection and exercise their rights in accordance with the law. Article 9 When consumers purchase and use goods or receive services, if their personal rights or property such as life and health rights, name rights, portrait rights, reputation rights, honor rights, personal privacy rights, etc. are harmed, they have the right to require operators to stop infringement, Restore reputation, eliminate impact, apologize, and compensate for losses. Article 10 When purchasing and using goods or receiving services, consumers shall have the following rights to know in accordance with legal provisions, industry rules and industry practices:

(1) The price, place of origin, producer, Purpose, performance, specifications, grades, main ingredients, net content, production date, expiry date, inspection certificate, usage instructions, usage skills, risk warning, after-sales service, etc.;

(2) Related Service content, specifications, fees, standards, inspection and testing reports or maintenance service records, etc. Article 11 Consumers have the right to independently choose operators who provide goods or services, and independently select product varieties or service methods.

Consumers have the right to compare, identify and select when choosing goods or services independently. Article 12 Consumers have the right to require operators to provide goods or services in accordance with the principle of fairness.

When purchasing goods or receiving services, consumers have the right to determine transaction prices and other transaction conditions through equal negotiation, and have the right to obtain goods or services with guaranteed quality, reasonable prices, and accurate measurement. Article 13 Operators shall provide goods or services to consumers in accordance with the Law of the People's Republic of China on the Protection of Consumer Rights and Interests, the Product Quality Law of the People's Republic of China and the People's Republic of China. The Price Law and other laws, regulations and these Measures stipulate performance obligations.

If operators have an agreement with consumers or operators make promises to consumers, they shall perform their obligations in accordance with the agreement or commitment, but the agreement between the parties or the operator's commitment shall not violate the provisions of laws and regulations.

Article 14 Operators providing goods or services to consumers shall not use formal clauses or other means to set unfair and unreasonable transaction conditions, exempt operators from responsibilities, increase consumers' obligations, exclude consumers' rights, etc.; shall not compel Or mislead consumers into conducting transactions. Article 15 When providing goods or services, operators shall not engage in the following behaviors:

(1) The goods sold or the services provided do not meet the requirements for protecting personal and property safety;

(2) Using fictitious transactions, falsely marking trading volumes, false comments, colluding with others or hiring others to induce sales;

(3) Making false on-site demonstrations and descriptions of goods or services;

(4) Mixing or adulterating goods, passing off fake goods as genuine, substandard goods as good ones, substandard goods as qualified goods, and selling expired, spoiled or expired goods;

< p>(5) Cutting corners, substituting materials, substituting spare parts, over-repairing, or falsely reporting the materials used;

(6) Using false clearance prices, fire sale prices, lowest prices, preferential prices, etc. Expressing prices;

(7) Selling goods or providing services with false or misleading descriptions, standards, physical samples, etc.;

(8) Concealing or exaggerating goods or The quantity, quality, performance and other information of major interest to consumers misleads consumers;

(9) Sales of processed products, defective products, foreign products and other products should be marked but are not;

(10) Infringe the exclusive rights and copyrights of others’ registered trademarks, or forge or use quality marks such as certification marks;

(11) Forge the origin of goods, tamper with the production date of goods, forge Or use other people's factory names and addresses to engage in business activities under false names and marks (including trademarks, green product certification marks, organic product marks, etc.);

(12) Sales are eliminated and stopped by the state. Goods for sale;

(13) Providing goods or services under false names and marks;

(14) Goods for sale should be inspected and quarantined in accordance with the law but are not inspected and quarantined Or forge inspection or quarantine results;

(15) Collect consumer prices or fees but fail to provide goods or services or fail to provide goods or services as agreed;

(16) Laws and regulations other behaviors.