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The People’s Republic of China Ministry of CommerceThe People’s Republic of China National Development and Reform CommissionThe People’s Republic of China Ministry of Public SecurityState Administration of Taxation State Administration for Industry Order 2006 No. 17 “Fair trade retailers, supplier management” has been July 13, 2006 the seventh meeting of the Ministry of Commerce examined and approved, by the Development and Reform Commission, Ministry of Public Security, State Administration of Taxation, and Business Administration agree that the current promulgated and November 15, 2006 shall come into force.
Minister Bo Xilai Ma Kai, director Minister Zhou Yongkang Xie Xuren Wang Zhongfu 2?? Six years on October 12
Fair trade retailer supplier management approachThe first to regulate transactions between retailers and suppliers, and maintain fair trade order, protect the legitimate rights and interests of consumers, to develop this approach.
Second retailers and suppliers in the PRC engaged in trading activities related to the application of this approach.
Article The term retailer is the law for registration in the industrial and commercial administration, direct sales to consumers of goods, sales (in chain operations, with sales including sales of chain stores) 1000 million more than companies and their branches.
The term supplier refers directly to the retailers of goods and services for enterprises and their corresponding branches, individual businesses, including manufacturers, distributors and other intermediaries.
Article retailers and suppliers should follow the legitimate trading activities, voluntary, fair, good faith, shall not impede the market order of fair competition, not infringe upon the legitimate rights and interests of the counterparty.
Article encourage retailers and suppliers in transactions with business and industry and commerce administration department in charge of the contract recommended by the model text.
Article VI shall not be abuse of dominant position of retailers in the following unfair trade practices:
(A) signed with the supplier-specific supply contracts for goods, both on the specific product specifications, models, styles, etc. After the agreement, refused to receive the goods. However, attributable to suppliers with the subject matter, or the vendor agrees, retailers liable for losses resulting exception;
(B) to require suppliers to bear the loss of goods without prior agreement of responsibility;(C) have not previously agreed, or the goods do not meet pre-agreed conditions of the shelf or Withdraw, retailers without justification to suppliers for goods off the shelf or Withdraw of; but retailers under the laws, regulations or administrative organs to make administrative decisions for the suppliers of goods to the shelves, except Withdraw;
(D) forcing suppliers unconditional sales rebates, or sales agreement to sell certain rebates premise sales are not completed the agreed fee rebate to the supplier’s;
(E) forcing suppliers to accept the designated goods or designated services.Article VII shall not engage in the following retailers to impede fair competition:(A) the supplier directly to consumers, other operators to restrict sales of commodity prices;(B) the supplier or supply to other retailers to provide sales and service should be limited.
Article VIII shall not require suppliers to retailers to send staff to provide services to retail establishments, except the following circumstances:
(A) the vendor agrees, and the only supplier to send personnel to engage with the suppliers for the sale of goods related services;
(B) consistent with the supplier, the supplier of content to send staff, working hours, working conditions, such as duration of agreement, and sending personnel costs borne by retailers.
Article IX of the following circumstances, suppliers have the right to refuse to return:(A) The retailer of goods due to their own cause pollution, damage, deterioration or expired for return, but does not bear the losses caused to the supplier;
(B) of the retailers to adjust inventory, place of business transformation, change shelves reasons for return, without bear the losses caused to the supplier;
(C) low-cost retailers to purchase during the promotional merchandise, promotional period will be left after the return of goods at normal prices.
Article retailers to collect sales services provider, it shall obtain the prior consent of suppliers, contract, expressly agreed to provide services to the project, content, duration; fees, standards, the amount, purpose, manner and breach of contract and so on.
The term refers to promotional services, in accordance with the contract, to promote a particular brand or vendor-specific variety of goods sales, retailers to provide printed posters, carry out promotional activities, advertising and other appropriate conditions of service, fees charged to suppliers.
Article retailer promotions service fee charged shall be in accordance with the contract to provide the corresponding service providers are not allowed to terminate service or lowering of standards. Retailers did not fully provide the appropriate services, it shall not return to the supplier part of the cost of providing services.
Article XII shall be charged by retailers to promote the registration fee credited to the supplier invoice, pay taxes according to regulations.
Retailer Article XIII shall charge or collect the following fees in effect:(A) signed or renewed contracts with the ground fees charged;(B) the request has been made in accordance with relevant state regulations in the retail business of goods bar code can be used in place of normal suppliers, buy store code and charges;
(C) code to use the shop supplier charged more than the actual cost of the bar code fee;
(D) store transformation, the decoration, to the supplier is not charged specifically for the specific suppliers of goods sold area decoration, decoration fees;
(E) does not provide marketing services to festivals, Dianqing, new store opening, re-opening of IPO, merger and other charges on grounds;
(6) other sales of goods not directly related, it should be borne by the retailers themselves to provide services or fees.
Article XIV goods retailers and suppliers should be the properties of money in the contract expressly agreed to pay period, but agreed to pay a maximum period of 60 days after receipt.
Article XV otherwise agreed or unless the contract supplier does not provide the necessary documentation, the retailers and suppliers should be timely reconciliation.
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