Direct Marketing Management Regulations
Preamble
Direct marketing is an important economic form in which products and services are sold directly to consumers. It also plays an important role in social development. In order to standardize the management of direct marketing, protect the legitimate rights and interests of consumers and ensure the healthy development of direct marketing, the National Peoples Congress authorizes the State Council to formulate and promulgate the following regulations.
Article 1 These Regulations are formulated in accordance with the “Law of the Peoples Republic of China on the Protection of Consumer Rights and Interests” and other laws and regulations.
Article 2 These Regulations shall apply to the direct marketing activities of goods, services and other direct offers to consumers for payment in China.
Article 3 The State encourages enterprises to carry out direct marketing activities, especially the development of new media direct marketing, and takes measures to protect the legitimate rights and interests of consumers.
Article 4 The State encourages the self-discipline of direct marketing industry, establishes industry standards and implements them.
Article 5 Direct marketing activities shall abide by the laws, administrative regulations and other relevant regulations, and shall not harm the health and safety of consumers.
Article 6 Direct marketing operators shall not use false or misleading publicity, inducement or other fraudulent techniques to attract consumers.
Article 7 Direct marketing operators shall inform the consumers of the sale price, product performance, guarantee terms and other relevant information, and shall not deceive or conceal relevant information from consumers.
Article 8 Direct marketing operators shall not impose any unreasonable restrictions on consumers or behavior.
Article 9 Direct marketing operators shall establish appropriate customer complaints and handling mechanism, and handle customer complaints in a timely manner.
Article 10 Consumers have the right to retract payment or to return goods when they are not satisfied with direct marketing activities within a certain period of time after the goods and services are provided.
Article 11 If there is a dispute between the direct marketing operators and the consumers, both parties may, in accordance with the law, go through legal channels, mediation and other alternative dispute resolution methods to settle the disputes.
Article 12 Consumers who have suffered losses shall have the right to claim compensation from the direct marketing operators in accordance with the law.
Article 13 In case of violation of these Regulations, the administrative department of industry and commerce shall, in accordance with the “Law of the Peoples Republic of China on the Protection of Consumer Rights and Interests” and other related laws and regulations and the severity of the circumstances, investigate and punish the acts in accordance with law; if the acts constitute a crime, criminal responsibility shall be pursued in accordance with the law.
Article 14 The State Council shall formulate supporting measures to strengthen the management of direct marketing.
Article 15 These Regulations shall come into force on the date of promulgation.
