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禁止传销条例 Prohibition of Pyramid Selling Regulations

2006-05-12 16:56   我要纠错 | 打印 | 收藏 | | |

国务院令第444号

(Promulgated by the State Council on 23 August 2005 and effective as of 1 November 2005.)

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.

  Enforcement officers that have direct interests with the party concerned shall withdraw.

  Article 16 When investigating and handling suspected pyramid selling acts, the enforcement officers of the administration for industry and commerce shall produce their identity documents to the party or the relevant personnel.

  Article 17 When enforcing sealing up or distrainment, the administration for industry and commerce shall deliver on-site to the party the seal-up or distrainment warrant and a list of the property and materials sealed up or distrained.

  In places where transport is inconvenient or where the investigation and handling of the case may be affected if seal-up or distrainment is not enforced in time, the seal-up or distrainment may first be enforced, and the seal-up or distrainment warrant shall be obtained and served on the party within 24 hours thereafter.

  Article 18 The time limit of seal-up or distrainment enforced by the administration for industry and commerce may not exceed 30 days. If the case is complicated, the time limit may be extended for 15 days upon the approval of the principal person in charge of the administration for industry and commerce at the county level or above.

  The administration for industry and commerce shall keep safe the property sealed up or distrained, and may not use or destroy them. If it causes any loss to such property, it shall be liable for compensation unless such loss is caused by events of force majeure.

  Article 19 If the administration for industry and commerce has enforced seal-up or distrainment, it shall find out the facts in a timely manner and make a decision on the case during the time limit of the seal-up or distrainment.

  If an act is found to be pyramid selling upon investigation and verification, the illegal property sealed up or distrained shall be confiscated in accordance with the law. If, upon investigation and verification, no pyramid selling act is found or there is no need for sealing up or distrainment, the seal-up shall be removed and the distrained property shall be returned immediately after a handling decision is made.

  If the administration for industry and commerce fails to make a decision on the case within the time limit, the items sealed up shall be deemed unsealed and the distrained property shall be returned. If the administration refuses to return the property, the party may institute an administrative action at the people‘s court.

  Article 20 If the administration for industry and commerce and its working personnel use or destroy the sealed or distrained property, thereby causing economic losses to the party, they shall be bear the liability for compensation.

  Article 21 When the administration for industry and commerce investigates and handles suspected pyramid selling acts, the party has the right to present his statement and defence.

  Article 22 The administration for industry and commerce shall make on-site written records when investigating and handling suspected pyramid selling acts.

  On-site written records and the list of property sealed up or distrained shall be signed by or affixed with the seals of the party, the witness and the enforcement officers. If the party is not present, or if the party or the witness refuses to sign or affix his seal, the enforcement officers shall make a note in the on-site written records.

  Article 23 If an act is found to be pyramid selling upon investigation and verification, the administration for industry and commerce and the public security authority may issue a warning or reminder to the public.

  Issuance of warning or reminder to the public shall be approved by the principal person in charge of the administration for industry and commerce at the county level or above or the public security authority.

  PART FOUR LEGAL LIABILITY

  Article 24 If anyone has an act specified in Article 7 hereof such as organizing and planning pyramid selling, the administration for industry and commerce shall confiscate his illegal property and illegal gains, and impose a fine of not less than Rmb 500,000 and not more than Rmb 2 million. If the case constitutes a criminal offence, criminal liability shall be pursued in accordance with the law.

  If anyone has an act specified in Article 7 hereof such as referring, luring or forcing other people to participate in pyramid selling, the administration for industry and commerce shall order him to cease the illegal act, confiscate his illegal property and illegal gains, and impose a fine of not less than Rmb 100,000 and not more than Rmb 500,000. If the case constitutes a criminal offence, criminal liability shall be pursued in accordance with the law.

  If anyone has an act specified in Article 7 hereof such as participating in pyramid selling, the administration for industry and commerce shall order him to cease the illegal act, and may impose a fine of not more than Rmb 2,000.

  Article 25 When imposing penalty in accordance with Article 24 hereof, the administration for industry and commerce may order the suspension of business operation for rectification or revoke the business licence in accordance with the provisions of the relevant laws or administrative regulations.

  Article 26 If anyone provides business premises, training venue, sources of goods, safekeeping, warehousing or other conditions for the pyramid selling acts specified in Article 7 hereof, the administration for industry and commerce shall order the party to cease the illegal act, confiscate his illegal gains and impose a fine of not less than Rmb 50,000 and not more than Rmb 500,000.

  If anyone provides internet information services for the pyramid selling acts specified in Article 7 hereof, the administration for industry and commerce shall order the party to cease the illegal act and notify the relevant authority to impose penalty in accordance with the Administration of Internet Information Services Procedures.

  Article 27 If the party uses, replaces, transfers or destroys any sealed or distrained property without authorization, the administration for industry and commerce shall order the party to cease the illegal act and impose a fine of not less than 5% and not more than 20% of the value of the property used, replaced, transferred or destroyed. If the party refuses to carry out rectification, a fine of not less than one time and not more than three times the value of the property used, replaced, transferred or destroyed shall be imposed.

  Article 28 If anyone has any acts specified in Article 10 hereof or refuses or obstructs the investigation and handling of pyramid selling acts in accordance with the law by the enforcement officers of the administration for industry and commerce, and such act constitutes a violation of security administration, the public security authority shall impose penalty in accordance with the provisions of the laws and administrative regulations on security administration. If the act constitutes a criminal offence, criminal liability shall be pursued in accordance with the law.

  Article 29 Where the administration for industry and commerce, the public security authority and their working personnel abuse their power, are derelict in their duties or practise graft, and fail to investigate and handle pyramid selling acts in accordance with the responsibilities and procedures stipulated herein, or fail to investigate and handle the pyramid selling acts discovered, or support, shield or connive pyramid selling acts, if the case constitutes a criminal offence, the criminal liability of the person in charge that is directly responsible and other directly responsible persons shall be pursued in accordance with the law. If the case does not constitute a criminal offence, administrative penalty shall be imposed in accordance with the law.

  PART FIVE SUPPLEMENTARY PROVISIONS

  Article 30 These Regulations shall be implemented as of 1 November 2005.

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