Provisions of Zhejiang Province on Management and Supervision of Contract Behavior

Chapter I General Provisions Article 1 These Provisions are formulated in accordance with the Contract Law of People's Republic of China (PRC) and other relevant laws and administrative regulations, combined with the actual situation of this province, in order to regulate the contract behavior, protect the national interests, social public interests and the legitimate rights and interests of the parties, and maintain the order of market transactions. Article 2 These Provisions shall apply to the activities of the administrative department for industry and commerce and other relevant administrative departments to provide contract guidance services, supervise contract format clauses and investigate and deal with contract violations. Article 3 The administrative department for industry and commerce and other relevant administrative departments shall respect and protect the rights enjoyed by the parties in accordance with the law when performing their duties of service and supervision. Chapter II Contract Guidance and Service Article 4 The people's governments at or above the county level shall strengthen and promote the construction of enterprise credit system, and guide the parties to consciously follow the principles of fairness, honesty and credit.

The administrative department for industry and commerce and other relevant administrative departments shall do a good job in the collection and collation of enterprise credit information, establish and improve the information public inquiry system, and provide free inquiry services to the society according to regulations. Article 5 The administrative department for industry and commerce shall provide the following information inquiry services to the society as required:

(1) Industrial and commercial registration of enterprises;

(2) A sample of the standard clauses contract that has been filed;

(3) Administrative penalties imposed by the administrative department for industry and commerce on illegal acts of enterprises;

(four) other objective information that can prove the credit status of the enterprise contract. Article 6 Social intermediary institutions may provide services such as investigation, consultation and evaluation of the credit status of the parties to a contract to the society according to law. Article 7 The relevant industry authorities or industry organizations may formulate a model contract text for the parties' reference.

The model contract text formulated by the relevant industry authorities or industry organizations shall be reported to the administrative department for industry and commerce for the record.

The administrative department for industry and commerce and the relevant departments in charge of industry and industry organizations shall do a good job in the publicity and promotion of the model text of the contract. Chapter III Supervision of Standard Terms Article 8 The standard terms mentioned in these Provisions refer to the terms drawn up in advance by business operators for reuse and without consultation with consumers when concluding contracts.

If the contents of notices, statements, commercial advertisements, shop notices and documents conform to the provisions of the offer, they shall be regarded as standard terms. Article 9 Where a contract is concluded by standard terms, the business operator shall follow the principle of fairness to determine the rights and obligations between the parties, and draw consumers' attention to the terms exempting or limiting their responsibilities in a reasonable way, and explain them according to the requirements of consumers. Article 10 The standard clauses shall not contain any content that exempts the operator from the following responsibilities:

(1) Liability for causing personal injury to consumers;

(two) the responsibility for the loss of consumer property caused by intentional or gross negligence;

(three) the legal guarantee responsibility for the goods or services provided;

(4) Liability for breach of contract;

(5) Other responsibilities that should be undertaken according to law. Article 11 The standard clauses shall not contain contents that aggravate the following responsibilities of consumers:

(1) The liquidated damages or damages exceed a reasonable amount;

(two) to bear the responsibility of business risks that should be borne by the operators;

(3) Other contents that violate laws and regulations and aggravate consumers' responsibilities. Article 12 The standard clauses shall not contain any content that excludes the following main rights of consumers:

(a) the right to change or terminate the contract according to law;

(2) the right to demand payment of liquidated damages or damages;

(three) the right to interpret the contract;

(four) the right to bring a lawsuit against the contract dispute;

(5) Other major rights enjoyed according to law. Article 13 Where standard clauses are adopted in the following contracts, the operator shall, within 30 days from the date of starting to use the standard clauses, report the contract samples to the administrative department for industry and commerce that issued the business license for the record:

(a) the sale and lease of houses and their intermediary and entrustment contracts;

(two) property management, residential renovation contract;

(3) Travel contracts;

(four) power supply, water supply, heating and gas supply contracts;

(five) cable television, postal and telecommunications contracts;

(six) consumer loans, personal and property insurance contracts;

(7) Passenger transport contracts;

(eight) the provisions of the provincial people's government shall be put on record in other format terms of the contract. Article 14 If consumers think that the standard clauses violate the provisions of Articles 10 to 12 and damage their legitimate rights and interests, they may complain to the administrative department for industry and commerce. Article 15 If the administrative department for industry and commerce finds that the standard clauses violate the provisions of Articles 10 to 12 or other laws and regulations, it shall notify the operators in writing to amend them. Article 16 If an operator has any objection to the amendment notice, it shall submit it to the administrative department for industry and commerce within 15 days from the date of receiving the amendment notice, and may request a hearing. Objections should be made in writing.

If the operator does not raise any objection, it shall make amendments within fifteen days from the date of receiving the notice of amendment, and report the revised format terms to the administrative department for industry and commerce for the record. Article 17 The administrative department for industry and commerce shall, in accordance with the provisions, issue a notice to amend the terms of the filing format. If the operator requests a hearing, the administrative department for industry and commerce shall organize a hearing. Where an operator requests a hearing by issuing a notice of amendment to other format clauses, the administrative department for industry and commerce may decide whether to organize a hearing according to the actual situation.