Legal basis: Interim Measures for Handling Complaints and Reports in Market Supervision and Management.
Article 1 In order to standardize the handling of complaints and reports in market supervision and management and protect the legitimate rights and interests of natural persons, legal persons or other organizations, these Measures are formulated in accordance with the Law of People's Republic of China (PRC) on the Protection of Consumer Rights and Interests and other laws and administrative regulations.
Article 2 These Measures shall apply to the handling of complaints and reports by market supervision and management departments.
Article 3 The term "complaint" as mentioned in these Measures refers to the behavior of consumers who purchase or use commodities or accept services due to their daily consumption needs, and who have disputes over their rights and interests with business operators and request the market supervision and management department to resolve the disputes.
The term "reporting" as mentioned in these Measures refers to the behavior of natural persons, legal persons or other organizations reporting to the market supervision and management department that operators are suspected of violating the laws, regulations and rules of market supervision and management.
Article 4 The State Administration of Market Supervision shall be in charge of the national complaints and reports, and guide the local market supervision and management departments to report complaints and reports. Local market supervision and management departments at or above the county level shall be responsible for handling complaints and reports within their respective administrative areas.
Article 5 When handling complaints and reports, the market supervision and management department shall follow the principle of fairness and efficiency, and ensure that the application basis is correct and the procedures are legal.
Article 6 The public and the news media are encouraged to conduct social supervision and public opinion supervision on acts suspected of violating the laws, regulations and rules of market supervision and management according to law. Encourage consumers to negotiate with operators to resolve consumer rights disputes through online consumer dispute resolution mechanisms, consumer rights protection service stations, green channels for consumer rights protection, and third-party dispute resolution mechanisms.
Article 7 Where complaints and reports are submitted to the market supervision and management department at the same time, or the materials provided contain both complaints and reports, the market supervision and management department shall handle the complaints and reports separately according to the procedures stipulated in these Measures.
Article 8 Complaints and reports to the market supervision and management departments shall be made through the Internet, telephone, fax, mailing address, window and other channels for accepting complaints and reports announced by the market supervision and management departments.
Article 9 A complaint shall provide the following materials:
(1) The name, telephone number and mailing address of the complainant;
(2) The name and address of the respondent;
(3) Specific complaint requests and facts of consumer rights disputes. If the complainant complains in a non-written way, the staff of the market supervision and management department shall record the information specified in the preceding paragraph.
Tenth complaints on behalf of others, in addition to providing the materials stipulated in the first paragraph of Article 9 of these measures, it should also provide the original power of attorney and the identity certificate of the trustee.
The power of attorney shall specify the entrusted matters, authority and time limit, and shall be signed by the client.