神秘内容 Loading...

国务院令第444号

(Promulgated by the State Council on 23 August 2005 and effective as of 1 November 2005.) (来源:英语麦当劳-英语学习门户 http://www.EnglishCN.com)

颁布日期:20050823  实施日期:20051101  颁布单位:国务院

  PART ONE GENERAL PROVISIONS

  Article 1 These Regulations have been formulated in order to prevent fraud, protect the lawful rights and interests of citizens, legal persons and other organizations, safeguard the economic order of the socialist market and maintain social stability.

  Article 2 For the purposes of these Regulations, the term “pyramid selling” means acts that interfere economic order and affect social stability by which an organizer or operator recruits personnel and seeks illegal benefits by means of calculating and paying remuneration to the recruited personnel on the basis of the number of personnel directly or indirectly recruited by them or their sales performance, or requiring the recruited personnel to pay certain fees as a condition of being qualified for participation.

  Article 3 Local people‘s governments at and above the county level shall strengthen their leadership in investigating and handling pyramid selling, and support and urge the relevant departments to perform their regulatory duties in accordance with the law.

  Local people‘s governments at and above the county level shall set up such mechanisms as required for coordination in investigating and dealing with pyramid selling and provide timely coordination and solution to major issues that arise in investigating and handling pyramid selling.

  Article 4 The administration for industry and commerce and the public security authority shall investigate and handle pyramid selling within their respective scope of responsibilities in accordance with the provisions hereof.

  Article 5 While investigating and handling pyramid selling in accordance with the law, the administration for industry and commerce and the public security authority shall adhere to the principle of integrating education with punishment, and educate citizens, legal persons and other organizations to conscientiously abide by the law.

  Article 6 Every work unit and individual has the right to report pyramid selling act to the administration for industry and commerce and the public security authority. Upon receipt of such report, the administration for industry and commerce and the public security authority shall immediately investigate and verify the case and handle it in accordance with the law, and shall keep the identity of the informant confidential. If a report is proven to be true upon investigation, the informant shall be granted a reward in accordance with the relevant State provisions.

  PART TWO TYPES OF PYRAMID SELLING AND THE INVESTIGATION AND HANDLING AUTHORITY

  Article 7 The following acts are pyramid selling acts:

  1. an organizer or operator seeks illegal benefits by recruiting personnel, requiring the recruited personnel to recruit other personnel to participate, and calculating and paying remuneration (here and hereinafter including material rewards and other economic benefits) to the recruited personnel on the basis of the number of personnel directly or indirectly recruited by them through rolling recruitment;

  2. an organizer or operator seeks illegal benefits by recruiting personnel and requiring the recruited personnel to pay fees, or fees in disguised forms such as order of commodities, as a condition to being qualified for participation or recruiting other personnel to participate; and

  3. an organizer or operator seeks illegal benefits by recruiting personnel and requiring the recruited personnel to recruit other personnel so that an upline-downline relationship is formed, and calculating and paying remunerations to an upline personnel on the basis of the sales performance of his downline personnel.

  Article 8 The administration industry and commerce shall be responsible for investigating and handling the pyramid selling acts specified in Article 7 hereof in accordance with the provisions hereof.

  Article 9 Where media such as the internet are utilized to disseminate information of pyramid selling specified in Article 7 hereof, such case shall be investigated and handled by the administration for industry and commerce in conjunction with other relevant authorities such as the telecommunications authority in accordance with the provisions hereof.

  Article 10 If anyone in pyramid selling deceitfully lures other personnel in the name of job referral and engagement in business activities, etc. to leave their place of residence to illegally gather in another place and restrict their personal freedom, such case shall be investigated and handled by the public security authority in conjunction with the administration for industry and commerce.

  Article 11 The relevant authorities and work units such as those in charge of commerce, education, civil affairs, finance, labour security, telecommunications and taxation shall, pursuant to their respective responsibilities and the provisions of the relevant laws and administrative regulations, cooperate with the administration for industry and commerce and the public security authority in their investigation and handling of pyramid selling acts.

  Article 12 Grass-root organizations such as rural villagers committees and urban residents committees shall, under the guidance of the local people‘s government, assist the relevant authorities in investigating and handling pyramid selling conduct.

  Article 13 If, in investigating and handling pyramid selling acts, the administration for industry and commerce suspects that an act may constitute a criminal offence, it shall transfer the case to the public security authority to be put on file for police investigation. If a case of pyramid selling put on file for police investigation by the public security authority is found after police investigation not constituting a criminal offence, the case shall be transferred to the administration for industry and commerce for investigation and handling.

  PART THREE MEASURES AND PROCEDURES FOR INVESTIGATION AND HANDLING PYRAMID SELLING

  Article 14 Administrations for industry and commerce at the county level or above may adopt the following measures when investigating and handling suspected pyramid selling acts:

  1. order the cessation of the relevant activities;

  2. investigate and understand relevant circumstances from the suspected pyramid selling organizer, operator and individual;

  3. enter the business premises and venues for training and assembly activities that are suspected to be involved in pyramid selling to conduct on-site inspection;

  4. inspect, reproduce, seal up or distrain materials such as contracts, instruments and account books that are suspected to be related to pyramid selling;

  5. seal up or distrain property such as products (commodities), tools, equipment and raw materials that are suspected to be used specifically for pyramid selling;

  6. seal up the business premises that are suspected to be involved in pyramid selling;

  7. inquire the accounts of the suspect pyramid selling organizer or operator and the accounting vouchers, books and statements relating to their deposits; and

  8. apply to the judicial authority for freezing the illegal funds where there is evidence in support of the transfer or concealment of such funds.

  To adopt the measures stipulated in the preceding paragraph, the administration for industry and commerce shall report in writing or verbally to and obtain approval from the principal person in charge of the administration for industry and commerce at the county level or above. In emergencies that require adoption of the measures set out in the preceding paragraph on-the-spot, a report shall be made and the relevant procedures shall be completed immediately after the incident. If sealing up or distrainment stipulated in the preceding paragraph or the measures stipulated in Items (7) and (8) above are to be enforced, prior written approval shall be obtained from the principal person in charge of the administration for industry and commerce at the county level or above.

  Article 15 When the administration for industry and commerce investigates and handles suspected pyramid selling acts, there shall be no less than two enforcement officers.

 
神秘内容 Loading...

你可能对下面的文章也感兴趣:

·直销怎么说?看直销管理条例 Administration of D
·互联网著作权行政保护办法 Administrative Protec
·《外商投资电影院暂行规定》的补充规定 《Foreign
·关于首次公开发行股票试行询价制度若干问题的通知
·外商投资创业投资企业管理规定 Administration of
·人民币银行结算账户管理办法 Administrative Rule
·驰名商标认定和保护规定 Recognition and Protect
·制止价格垄断行为暂行规定 Prohibition of Acts o
·外商投资广告企业管理规定 Administration of For
·双语:大西洋宪章 THE ATLANTIC CHARTER

共2页: 上一页 1 [2] 下一页
上一篇:进境动植物检疫审批管理办法 Measures on The Administration of Examination and Approval of the  
下一篇:直销怎么说?看直销管理条例 Administration of Direct Selling Regulations
[推荐] [返回顶部] [打印本页] [关闭窗口]