02.12.10 00:09 Age: 8 yrs
Circular Of Department Of Commerce On Issues Relating To The Approvals And Administrations Of Foreign Investments In Sales Projects Through The Internet And Vending Machines
Each province, autonomous region, municipality, municipalities with independent planning status, the xinjiang production and construction corps, competent departments of commerce of Harbin, Changchun, Shenyang, Jinan, Nanjing, Hangzhou, Guangzhou, Wuhan, Chengdu and Xian, and National Economic and Technical Development Zone:
In order to further promote the positive effects of the sales methods such as sales through the internet and vending machines in lowering business costs, facilitating commodity circulation and stimulating consumption, according to the requirements to simplify and reduce examinations and approvals procedures in Several Suggestions of the State Council on Further Excelling in the Task of Utilising Foreign Investments (Guo Fa No. 9), the approvals and management issues relating to foreign business investing in sales projects through the Internet and Vending machines are notified as the following:
1. Regarding to Internet Selling
(1) Internet Selling is an expansion of the business sales behaviour on the Internet, foreign invested manufacturing enterprises and commercial enterprises having been lawfully approved and registered may directly engage in Internet Selling business;
(2) Applications to the provincial competent departments of commerce for setting up foreign invested enterprises specialising in Internet selling, should be strictly examined and approved by the provincial departments of commerce according to and The Administration on Foreign Investment in Commercial Fields and other relevant laws and regulations;
(3) Foreign invested enterprises utilising their own internet platform to provide internet service for other trade parties, should apply to the Ministry of Industry and Information Technology for value added telecommunications business certificate; Enterprises utilising their own internet platform to directly engage in product selling, should be filed at the telecommunications administrative departments.
(4) Foreign invested enterprises engaging in internet selling and relevant service activities, should show its trading certificate on its main website or the website on which business activities are carried out, if the enterprises sells products such as petroleum products, crude oil, books and newspapers, pharmaceuticals and etc., they also need to show the information of their trading approval certificate and clear photos or its electronic link;
(5) Foreign invested enterprises engaging in internet selling shall set up a reasonable system for returning or exchanging goods, keep the sales record, strictly protect customer’s personal privacy and commercial secrets;
(6) Foreign invested enterprises engaging in internet selling shall comply with the provisions of laws, regulations and rules such as Law of the People's Republic of China on the Protection of Consumer Rights and Interests and Law of the Peoples Republic of China on Product Quality, products and services prohibited to be traded by laws and regulations cannot be traded on the Internet;
(7) According to relevant laws and regulations, if the product or service provided by the foreign invested enterprise and being sold on the Internet need to be approved before registration, approvals by relevant departments of the state should be obtained before the application to be registered, and should complete the industrial and commercial registration.
2. Regarding to Vending Machine Sales
(1) Foreign invested commercial enterprises applying to set up the method to sell goods through vending machines, or enterprises already set up the method but intending to increase its sales business through vending machines, should be referred to the provincial competent department of commerce for approval. Provincial competent departments of foreign capitals should seek for the advices of competent departments of domestic trade, and strictly examine and grant approval according to The Administration on Foreign Investment in Commercial Fields and relevant laws and regulations of health and food and drug supervisions;
(2) Enterprises selling through vending machines should show the operator’s name, address, telephone number and complain methods on a noticeable position of the automatic vending machines;
(3) Enterprises selling through vending machines should establish a clear system for managing the quality of the vending machine operations and the products and solving any disputes that might arise;
(4) Enterprises selling through vending machines should build a product data preservation system, to enable the vending machines to preserve previous selling records automatically;
(5) Enterprises selling through vending machines should comply with laws such as The Administration on Foreign Investment in Commercial Fields and provisions of relevant regulations.
19th August 2010