CNDSN December 17th news recently, insiders said, the Ministry of commerce is a meeting to discuss about the legal laws and regulations direct modification opinion in the key, wherein the draft revision of the measures for the administration of direct selling enterprises and service outlets have been released. With the September 20, 2006 release of "the establishment of direct selling service network management approach" the provisions of the amendment is compared, more comprehensive in terms of aging, safeguard the rights and interests of rules etc.. The details are as follows:

For the record, on a service network:

The provisions of 1, the new amendments: direct selling enterprise shall, according to the geographical location, the scope of services, market demand, the establishment of a reasonable number of service outlets, and meet the following requirements:

(a) to carry out direct selling in the municipalities directly under the central government, should set up no less than 2 service outlets;

(two) in the prefecture level administrative region (city, state, city specifically designated in the state plan, AU) to carry out direct selling business, should set up no less than 1 service outlets;

(three) to carry out direct selling in the municipalities directly under the central government of county region, prefecture level administrative regions adjacent (city, state, AU), municipalities directly under the central government, county area without service outlets, should set up no less than 1 service outlets.

The difference between:

The existing "the establishment of direct selling service network management measures" provisions, the Ministry of Commerce in the city / county as a basic regional unit approved to engage in direct sales activities. For the districts, the declaration enterprises should set up no less than 1 service outlets in each district of the city, in the city's other district / county to carry out direct sales activities should be declared according to the present measures.

The new provisions of the 2 amendment, the provincial, autonomous region, municipality directly under the central government, municipalities departments in charge of Commerce (hereinafter referred to as the competent departments of commerce at the provincial level) shall receive a service network for archival filing materials within 1 months from the date of the commerce administrative departments at or above the county level, the organization for verification of network services for the record; in accordance with the provisions. To be filed, and by the Ministry of Commerce direct marketing industry management website is announced to the society. At the same time, the administrative department for Industry and commerce at the same level report.

The difference between:

The existing "direct selling regulations" provisions, the applicant shall, through the location of provinces, autonomous regions, municipalities directly under the central government, the competent commerce department to apply to the administrative department of Commerce of the state council. Provinces, autonomous regions and municipalities directly under the central government, the competent commerce department shall, within 7 days as of the date of application documents and data received since the application documents and materials submitted to the State Council department in charge of commerce. The administrative department of Commerce of the State Council shall all the application within 90 days of the date of receipt of the documents and materials, after consultation with the administrative department for Industry and Commerce of the State Council's opinions, make a decision of approval or disapproval. If approved, by the competent department of Commerce of the State Council issued a direct selling license.

The provisions of 3, the new amendments: direct selling enterprises to change the number of service outlets and service outlets of information, should be submitted to provincial competent commercial department service network is located for record, and to the public within 15 days after the change of enterprise information disclosure through the website, telephone hotline etc..

The difference between:

The existing "the establishment of direct selling service network management measures" provisions, in accordance with the law to obtain direct selling license of the enterprise shall be approved by the Ministry of Commerce set up the plan of service network within 6 months, according to the report and complete service network from the approval document issued date. The plan of service network to 6 months by the Ministry of Commerce approved the completion of the establishment of service outlets enterprises shall not engage in direct selling business in plan service outlets unfinished areas, the enterprises to carry out direct selling business in the area, according to the "Regulations" provisions shall apply separately.

But to have obtained the direct selling license of the enterprise changes the regional sales, there was no updated regulations.

Two, about the service specification:

The provisions of 1, the new amendments: service outlets shall provide the following service to the consumers, salespeople:

(a) to provide advice and return service of direct selling products;

(two) provide a direct selling enterprise information query service;

(three) the provisions of the "Regulations" and the relevant legal publicity;

(four) other related to direct marketing services.

At the same time, the service station business time also has a regulation: the business time shall not be less than 6 hours a day, except legal holidays.

The difference between:

The existing "direct selling regulations" stipulates: direct selling enterprises shall establish convenient and meet the consumers, salespeople learn product prices, returns and other services provided by the enterprise in accordance with the law service outlets in its engaged in direct selling activities area. Set up service outlets shall meet the requirements of the local people's government at or above the county level.

Three, about the legal responsibility.

The provisions of 1, the new amendments: direct selling enterprises and their branches to provide service network service, shall bear joint and several liability and the implementation of the pyramid selling illegal and criminal behavior.

(1) service outlets in violation of the provisions of these measures to the consumers, salespeople causing the loss of property, the consumers, salespeople can directly request compensation for the loss of direct selling enterprises and their branches. Service outlets in violation of the provisions of these measures by administrative punishment, administrative law enforcement organs may directly request the direct selling enterprises and their branches shall pay a fine.

(2) consumers, salespeople purchased from direct marketing products within 30 days from the date, according to the "Regulations" provisions of article twenty-fifth proposed replacement and return, return shipping cost borne by the consumers, salespeople; between the direct selling enterprises and direct sellers and consumers, between salespeople and consumers have otherwise agreed, in accordance with the contract.

(3) direct sales to consumers for refusing to return without proper reason, service outlets, branch offices shall be in accordance with the provisions for consumers to handle the returned goods, consumer spending and bear the transportation costs, freight and other reasonable expenses.

(4) service outlets refused to consumers, salespeople for return without proper reason, branches should be required for consumers, salespeople to deal with exchange, and assume the customers and direct spending transportation costs, freight and other reasonable expenses.

The difference between:

The existing "direct management Ordinance", "the establishment of direct selling service network management approach", the direct product return mechanisms are not clearly defined, each direct selling enterprises allow product returns in a specific period of time, there is no about refused to return the penalty provisions.

2, the new provisions of amendment:

(1) direct selling enterprises to set up branches and service outlets, and increase service outlets, in violation of the present measures did not go through the formalities for record, correction of the province, autonomous region, or municipality directly under the central government, municipalities commerce department shall order, and may be fined up to 30000 yuan.

(2) direct selling enterprises to set up service outlets, did not follow the standard setting, violate the provisions of the present measures, the administrative department for Industry and commerce at or above the county level shall be ordered to rectify the deadline; overdue reform, the administrative department for Industry and commerce at or above the county level shall impose a fine of 30000 yuan the following, the main pipe Department of commerce at the provincial level shall on the service network, have been filed undo filing.

(3) direct selling enterprises service outlets not to the consumers, salespeople to provide services, service outlets open every day time is not up to the standard, service outlets did not comply with the standards of service, the administrative department for Industry and commerce at or above the county level shall be ordered to rectify the deadline; overdue reform, the administrative department for Industry and commerce at or above the county level shall impose a fine of 30000 yuan the following, the provisions of laws and regulations to comply with the provisions of punishment otherwise.

(4) direct selling enterprises have not set up service outlets to carry out direct sales business, the administrative department for Industry and commerce at or above the county level shall be punished according to the "Regulations" provisions of article thirty-ninth.

The difference between:

Under the existing "the establishment of direct selling service network management measures" provisions, shall be in accordance with the existing penalty "direct selling regulations" provisions of article thirty-ninth.

The relevant administrative department of Commerce and the working staff shall perform their duties according to law, the establishment of service network management, under the existing "Regulations" and "the establishment of direct selling service network management measures" provisions, shall be in accordance with the "Regulations" punishment prescribed in article thirty-eighth.

Although the "direct marketing management approach" of service outlets enterprise has not yet released, however, from which we can see, the government for the direct marketing business management more details, clear in the implementation of the rule of law, at the same time also meet the enterprise, dealers, consumer law, is a great progress in the direct selling industry. In addition, the Ministry of commerce also discuss is for direct marketing products, business model, the future of all schemes of "direct selling regulations" revision, or the direct selling industry pushed to a new height. *

(original title: Road news: China direct selling regulations finally to be changed)

Editor: small Shen