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  禁止传销条例(英文版)         
禁止传销条例(英文版)
[ 作者:梁律师    转贴自:    点击数:7565    更新时间:2005-10-10    文章录入:本站整理 ]
Regulation on the Prohibition of Pyramid selling
 
 
Chapter Ⅰ
Article 1
This law is enacted for purpose of preventing fraud, protecting the legitimate rights and interests of citizens, legal persons and others organizations, maintaining the socialist market-economic order and maintaining the social stability.
 
Article 2
Pyramid selling as used herein means an act, which organizers or operators sponsor persons, and calculate and pay bonus based on the number or the sales of directly and indirectly sponsored persons, or obtain illegal interest by forcing the sponsored persons to pay amount of entry fee as the condition to meet the entry requirements.
 
Article 3
The country level and above governments shall strengthen the leading of conducting investigation on pyramid selling activities, support and urge the relevant departments to performance their official duties of supervision.
 
The country level and above governments shall establish a coordinate system for conducting investigation, coordinate and settle the grand problems timely when conducting investigation on pyramid selling.
 
Article 4
The Administrations for Industry and Commerce and the public security organs shall conduct investigation on pyramid selling activities within the scope of their respective duties in accordance with this law.
 
Article 5
When conducting investigation on pyramid selling act, the Administrations for Industry and Commerce shall observe the principle of imposing penalty combined with education, so that citizens, legal persons and other organizations shall become aware of the importance of observing law.
 
Article 6
Any entities or individuals, upon discovering the pyramid selling activities, have the right to report the case and provide information to the Administration for Industry and Commerce and the public security organs. The Administration for Industry and Commerce and the public security organs shall investigate and verify the case promptly in accordance with the law, and keep secret for the reporters. If the case is proved to be true, the reporters shall be rewarded according to the state relevant regulation.
 
Chapter ⅡType of Pyramid Selling and Organ Conducting Investigation
 
Article 7
Any of the following acts shall constitute the pyramid selling act:
1) Organizers or operators sponsor persons and force the sponsored persons to sponsor other persons, calculate and pay the payment (including the material reward and other economic benefit) based on the number of the directly and indirectly sponsored persons to obtain illegal interest.
 
2) Organizers or operators sponsor persons, force the sponsored persons to pay entry fee or pay entry fee in a disguised way such as purchasing products to qualify sponsoring to obtain illegal interest.
3) Organizers or operators sponsor persons, force the sponsored persons to sponsor others to built up the up and down line relationship, calculate and pay the payment to the up line sponsors based on the sales of the down line to obtain the illegal interest.
 
Article 8
The Administration for Industry and Commerce is responsible for conducting the investigation on the pyramid selling act stipulated in the article 7 according this law.
 
Article 9
Where anyone use the internet and other medias to issue the information contained pyramid selling, the Administration for Industry and Commerce shall conduct the investigation on it together with the telecom department and other relevant departments in accordance with this law.
 
Article 10
Where anyone conducting pyramid-selling activities, cheating others away from their domicile to assemble illegally by the manner of introducing jobs and conducting business activities, it shall be conducted investigation in accordance with the law by public security organ, together with the Administration for Industry and Commerce.
 
Article 11
When the Administration for industry and commerce and the public security organ conducting investigation on pyramid selling activities, the department or unit of Commerce, Education, Civil Affair, Finance, Labor and Social Security, Telecom, Taxation and other concerned, shall cooperate the investigation within the scope of their respective duties in accordance with the relevant laws and administrative regulations.
 
Article 12
The villagers' committees, residents' committees and other organizations at grass-roots level, shall assist the relevant departments conducting investigation on pyramid selling activities under the lead of the local government.
 
Article 13
In the case of a criminal suspect, the Administration for Industry and Commerce shall transfer the case to public security organs to file for investigation when conducting investigation on pyramid selling act. The public security organs shall file and investigate the pyramid selling case, and shall transfer the case to the Administration for Industry and Commerce in accordance with the law if the case does not constitute crime.
 
Chapter Ⅲ  Measures of conducting investigation and Procedure
 
Article 14
The country level and above Administration for Industry and Commerce may adopt the following measures when conducting investigation on suspected pyramid selling activities.
1) Ordering to cease the relevant activities.
2) Investigating the organizers, operators and persons who are suspected conducting pyramid selling activities to learn related information.
3) Entering into operation location or the place for training or meeting to conduct on-the-spot investigation
4) Checking, reproducing, sealing and seizing the materials related to the suspected pyramid selling, such as contracts, invoices, vouchers, account book and etc.
5) Sealing and seizing the products (shop), tools, equipments, raw materials and etc. which is particularly used for pyramid selling
6) Sealing the operation location which is suspected of the pyramid selling
7) Inquiring the account of the organizers or operators who are suspected of pyramid selling and the accounting vouchers, accounting book, account-account statement and etc. which is related to the deposit.
8) Applying to the judicial organs for freezing the capital, which is proved to transferred or concealed illegally.
 
The Administration for Industry and Commerce departments shall report to the persons in charge of the country level and above Administration for Industry and Commerce in written or oral form, and need to be approved for adopting the measures stipulated in the pre-paragraph. If it is urgencies and need to adopt such measures on the spot, it shall report and supplement the relevant procedure thereafter. When adopting the measures of sealing, seizing and those stipulated in the 7) and 8) provisions, it need to be approved in written form by the persons in charge of the country level and above Administration for Industry and Commerce in advance.
 
Article 15
When the Administration for Industry and Commerce conducts investigation on the suspected pyramid selling act, there shall be not less than 2 law-enforcing officers.
If the law-enforcing officers have interest with the parties, they shall withdraw.
 
Article 16
When conducting investigation on the suspected pyramid selling act, the law-enforcing officer s shall show the identification papers to the parties or other related persons.
 
Article 17
When adopting the measures of sealing and seizing, the Administration for Industry and Commerce shall delivery the Sealing or Seizing Decision Letter and the list of sealed or seized property and materials.
If it is in the area which is not easily accessible, or it is possible to affect the investigation if not adopt the sealing and seizing measure timely, the Administration for Industry and Commerce may adopt the measures of sealing or seizing in advance, and shall supplement to delivery the Sealing or Seizing Decision Letter to the parties within 24 hours.
 
Article 18
When adopting the measures of sealing or seizing, the time limit of sealing or seizing must not exceed 30 days. If the case is complicated, another extension of 15 days may be allowed upon approval by the persons in charge of the country level and above Administration
 
The Administration for Industry and Commerce shall keep the property carefully, must not use or destroy it. If it causes losses, the administration for Industry and Commerce shall compensate for losses. If the loss is caused due to the force majeure, the obligation may be exempted.
 
Article 19
When adopting the measures of sealing or seizing, the Administration for Industry and Commerce shall make a thorough investigation and make a decision during the period of the sealing or seizing.
If it belongs to the pyramid selling act after investigation, the illegal property which is being sealed or seized shall be confiscated. If it does not belong to the pyramid selling act after investigation or it is not necessary to seal or seize, the Administration for Industry and Commerce shall rescind the sealing or seizing measures, and the property shall be handed back. If the Administration for Industry and Commerce refuses to hand it back, the parties may bring a administrative suit to people’s court.
 
Article 20
Where the Administration for Industry and Commerce violates this law to use or destroy the sealed or seized property, causes losses to the parties, it shall compensate for the losses.
 
Article 21
When the Administration for Industry and Commerce conducting investigation on the suspected pyramid selling act, the parties have the right of statement and self-defense.
 
Article 22
The Administration for Industry and Commerce shall make an on-the-spot record when conducting investigation on suspected pyramid selling act.
The parties, witness and the law-enforcing officers shall affix their signature and seal to the on-the-spot record and the inventory of the sealed or seized property, if the parties are in case of absence, or the parties and the witness refuse to sign or seal, the law-enforcing officers shall remark on the on-the-spot record.
 
Article 23
Where a pyramid selling act is verified, the Administration for Industry and Commerce and the public security organs may announce publicly the cautions and hints to the society.
It needs to be approved to announce the cautions and hints to the society by the persons in charge of Country level and above Administration for Industry and Commerce, or the public security organ.
 
Chapter Ⅳ Legal Liability
 
Article 24
Where anyone violate article 7 of this law, organize or plan the pyramid selling, the illegal properties and earnings shall be confiscated, a fine of not less than 500,000 RMB but not more than 2,000,000 RMB may be imposed. If the case constitutes crime, the criminal liability shall be investigated in accordance with the law.
 
Where anyone violate article 7 of this law, introduce, beguile and coerce others to attend the pyramid selling activities, the Administration for Industry and Commerce shall order him to cease the illegal act, the illegal properties and earnings shall be confiscated, a fine of not less than 100,000 RMB but not more than 500,000 may be imposed. If the case constitutes crime, the criminal liability shall be investigated in accordance with the law.
 
Where anyone violates the article 7 of this law, attend the pyramid selling activities, the Administration for Industry and Commerce shall order him to cease the illegal act, a fine of less than 2,000 may be imposes.
 
Article 25
When giving penalty according the article 24 of this law, the Administration for Industry and Commerce shall order to make a rectification or rescind the license in accordance with relevant law and administrative regulation.
 
Where anyone provide the operation locations, training locations, products, keeping and storage service, it shall be order to cease the illegal act by the Administration for Industry and Commerce, the illegal earnings shall be confiscated, a fine of not less than 50,000 RMB but not more than 500,000 may be imposed.
Where anyone provide the internet service to the pyramid selling act, it shall be ordered to cease the illegal act by the Administration for Industry and Commerce, and penalty shall be given in accordance with the “Rules of Internet service regulation” by the relevant departments.
 
Where the parties use, replace, transfer, destroy the sealed or seized properties, it shall be ordered to cease the illegal act, a fine of not less than 5% but not more than 20% of the value of the used, replaced, transferred, destroyed properties. If it refuses to make a rectification, a fine of not less than 1 time but not more than 3 times of the value of the used, replaced, transferred and destroyed property.
 
Where anyone violate the article 10, or refuse and hinder the conducting investigation on pyramid selling act of the law-enforcing officers of the Administration for Industry and Commerce, which violate the management of law and order, penalty shall be given by the public organs in accordance with the law and administrative regulation. If the case constitutes crime, the criminal liability shall be investigated.
 
Where the administration for industry and commerce, public security organs and its staffs abuses his power, neglect his duties, commit malpractices for selfish ends and conduct the investigation on pyramid selling act against the responsibilities and procedure stipulated in this law, or do not conduct the investigation on the pyramid selling act when it is found, or support, cover up and convince at the pyramid selling act, if the case constitutes crime, criminal responsibility shall be investigated according to the law to the persons who are directly in charge and other persons who are directly responsible for the offence. If the case does not constitute crime, administrative sanctions shall be given according to the law.
 
Chapter Ⅴ Supplementary Provisions
Article 30
This law shall enter into force as of November 1, 2005.
 
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