Provisions of Beijing Municipality on Administration of Sales Promotions by Commercial Retailing Business Units

· Document Number：Decree No. 207 of Beijing Municipal People’s Government

· Area of Law： Trade & Commerce

· Level of Authority： Local Government Rules

· Date issued：04-28-2008

· Effective Date：06-01-2008

· Status： Effective

· Issuing Authority： Beijing Municipality

Decree of Beijing Municipal People's Government
(No. 207)
The Provisions of Beijing Municipality on Administration of Sales Promotions by Commercial Retailing Business Units, adopted at the 3rd Meeting of the Beijing Municipal People's Government on April 8, 2008, are hereby promulgated and shall be effective as of June 1, 2008.
April 28, 2008
Provisions of Beijing Municipality on Administration of Sales Promotions by Commercial Retailing Business Units
Article 1 These Provisions are formulated in accordance with the provisions of relevant laws and regulations and by taking into account the particular situations of this Municipality for the purpose of enhancing safety management in sales promotions, safeguarding the lawful rights and interests of consumers and ensuring the safety of people's lives and property.
Article 2 Sales promotions organized at places of business of commercial retailing business within the administrative area of this Municipality with a construction area of more than 1,000 m2 or with an underground construction area of more than 500 m2 shall be governed by these Provisions.
The term "commercial retailing business" in these Provisions includes department stores, shopping centres, supermarkets, warehouse-type membership supermarkets, housing construction materials shops, professional stores, franchise stores, discount shops and other retailing stores.
Article 3 The municipal and district (county) competent departments for commerce shall be responsible for exercising supervision over and administration of sales promotions organized by commercial retailing business.
The competent departments for work safety, industry and commerce, and public security shall, in accordance with their duties and division of work, bring success to the supervision and administration work related to sales promotions.
Article 4 Principal administrators of commercial retailing business shall assume an overall responsibility for the safety of sales promotions.
Places of business shall be in compliance with the requirements on safety set forth by laws, regulations, rules, national standards, industrial standards and local standards.
Article 5 When organizing a sales promotion, a commercial retailing business shall provide consumers with true information and expressly notify such information as the term, manner and rules of the sales promotion and the scope of promoted merchandises.
No commercial retailing business may organize sales promotions in the form of coupon for shopping or harm the lawful rights and interests of consumers with reserving the final interpretation right as the excuse.
Article 6 To organize a sales promotion, a commercial retailing business shall make a plan for emergencies and develop measures for maintaining the order of the scene and evacuating the crowd, and for parking and evacuating vehicles.
Article 7 During the period of a sales promotion, a commercial retailing business shall put all measures for ensuring safety into effect, bring success to the work of safety inspection and patrol in accordance with relevant regulations, and assign enough full-time security guards to maintain the order of the scene.
When consumers get relatively crowded, the commercial retailing business shall take effective control and evacuation measures to ensure their safety.
Article 8 Where a commercial retailing business organizes a sales promotion in the name of a statutory holiday of the State, opening or anniversary of its opening, or organizes a sales promotion with a continuous business hour of more than 16 hours, it shall, seven days before the sales promotion begins, report such information as the term, manner and rules of the sales promotion and the scope of promoted merchandises in writing in accordance with the following provisions:
(1) reporting to the local district (county) competent department for commerce where the construction area is more than 10,000 m2;
(2) reporting to the municipal competent department for commerce if a chain enterprise organizes a unified sales promotion in the whole area of this Municipality or in part districts (counties) of this Municipality.
Article 9 After receiving the report, the municipal or district (county) competent department for commerce shall find out relevant information about the sales promotion and inspect the scene where the sales promotion is to be undertaken. If necessary, it shall notify the departments for work safety, industry and commerce, and public security.
Article 10 This Municipality shall exercise emphatic regulation on sales promotions of such daily necessities as grain, edible oil, meat and eggs.
Where a commercial retailing business organizes sales promotions of daily necessaries subject to emphatic regulation, the promotion period shall not be less than three consecutive business days, the commercial retailing business shall ensure the sufficient supply of the promoted merchandizes, shall not limit the quantity and period of time of the shopping by consumers, and shall keep the sales record of the promoted merchandizes.
Article 11 Where a commercial retailing business organizes a sales promotion in limited quantities on merchandizes other than daily necessaries subject to emphatic regulation, it shall expressly notify the name, brand, specification and quantity of the promoted merchandizes. Chain enterprises shall expressly notify the quantity of the promoted merchandizes for each of its store.
After the promoted merchandizes are sold out, the commercial retaining business shall expressly notify or inform consumers in time and shall keep the sales vouchers of the promoted merchandizes in limited quantities. The sales vouchers shall be kept for at least 30 days.
Article 12 Where a commercial retailing business violates these Provisions, each unit or individual may report the violation to the local district (county) competent department for commerce or to the municipal competent department for commerce. The municipal or district (county) competent department for commerce shall handle the violation within ten working days from the date of receipt of the report; if the violation reported is not within its jurisdiction, it shall transfer the case to relevant department within three working days from the date of receipt of the report and shall notify the violation-reporter.
The municipal and district (county) competent departments for commerce shall announce to the public their phone numbers for reporting violations.
Article 13 Where a commercial retailing business is in one of the following circumstances, the municipal or district (county) competent department for commerce shall impose an administrative penalty in accordance with the following provisions:
(1) if it, in violation of Paragraph 2, Article 5 of these Provisions, organizes a sales promotion in the form of coupon for shopping, it shall be ordered to stop the sales promotion; where the order of the place of business is affected or it refuses to stop the sales promotion, a fine of not less than 5,000 Yuan but not more than 10,000 Yuan shall be imposed thereupon;
(2) if it, in violation of Article 8 of these Provisions, fails to report relevant information of the sales promotion, a fine of not less than 1,000 Yuan but not more than 10,000 Yuan shall be imposed thereupon;
(3) if, in violation of Paragraph 2, Article 10 of these Provisions, the promotion period of daily necessities subject to emphatic regulation is less than three consecutive business days or it limits the quantity or period of time, a fine of not less than 10,000 Yuan but not more than 30,000 Yuan shall be imposed thereupon; if the circumstances are serious, a fine of not less than 30,000 Yuan but not more than 100,000 Yuan shall be imposed thereupon;
(4) if it, in violation of Article 11 of these Provisions, fails to keep the sales vouchers of the promoted merchandizes in limited quantities, a fine of not less than 1,000 Yuan but not more than 10,000 Yuan shall be imposed thereupon.
Article 14 Where there is any hidden danger to the safety of a sales promotion organized by a commercial retailing business, the competent department for commerce shall order a complete or partial cease of the sales promotion.
Article 15 These Provisions shall be effective as of June 1, 2008.