中华人民共和国法律法规/价格管理条例

The original penalty decision shall be implemented as usual during the period of reconsideration.

If the penalized party disagrees with the review decision, it may lodge an appeal with the People's Court within 15 days of receiving notice of the decision.

Article 33 If a mistake is found to have occurred, the State commodity price department shall have the power over the various level commodity price surveillance organs to reverse a decision already in force, or to issue an order for a review and a higher level commodity price surveillance organ shall have the same right over a lower level commodity price surveillance organ.

Article 34 In case of refusal to comply with or the hindering of a commodity price surveillance officer performing his lawful duty, a penalty shall be imposed by the public security organ, in accordance with the provisions of the Regulations of the People's Republic of China on Public Security Control and, in serious cases which constitute a crime, criminal liability shall be pursued by the judicial organs in accordance with the law.

Article 35 If the commodity price departments, the relevant departments of people's governments at the various levels or their employees exceed the extent of their authority and the procedures on price control when determining or adjusting commodity prices or service fee rates, the matter shall be corrected by a higher level commodity price department or a commodity price department at an equivalent level and the liability of the party concerned shall be pursued in accordance with the administrative jurisdiction governing cadres.

If State price secrets are disclosed, liability shall be pursued in accordance with the law.

Article 36 The commodity price departments shall, in accordance with State price guidelines and policies, implement control and supervision of administrative and public service charges and shall consult with the relevant departments to determine the standards for charges.

Article 37 Price control for foreign investment enterprises established within Chinese territory shall be carried out in accordance with the relevant State regulations.

Article 38 The State Administration of Commodity Prices shall be responsible for the interpretation of these Regulations and shall formulate detailed implementing rules.

Article 39 These Regulations shall take effect from the date of promulgation and the Provisional Regulations on Commodity Price Control, issued 7 July 1982 by the State Council, shall be nullified simultaneously.

Regulations of the PRC on Price Control

Article 1 These Regulations are formulated to implement State price guidelines and policies, tighten price control, maintain the basic stability of market prices, ensure the smooth implementation of economic reform and improve the development of a socialist planned commodity economy.

Article 2 As long as State interests are protected, price control efforts shall safeguard the legitimate economic interests of producers, sellers and consumers and enable the correct handling of economic interests among the central government, local governments, departments and enterprises.

Article 3 The State shall adopt the principle of combining direct price administration and indirect price control, whereby three types of prices, namely a State stipulated price, a State guided price and a market adjusted price, are implemented.

Article 4 The State shall implement a system of uniform leadership and graded control with regard to price control matters.

Commodity price control organizations, (hereinafter referred to as commodity price departments) of people's governments at the various levels, the competent departments of people's governments at the various levels, as well as price control organizations and employees of enterprises and public institutions shall strictly abide by State laws, regulations and policies on prices and shall effectively conduct price control and supervision.

Article 5 Prices referred to in these Regulations include:

Article 6 The price of a commodity shall be made up of the average production cost of the commodity, as well as tax, profits, and normal circulation costs.

Article 7 The determination and adjustment of the price of a commodity which is subject to State stipulated prices or State guided prices shall be approximately the same as the value of the commodity, and shall reflect supply and demand conditions, meet State policy requirements and comply with the following principles:

(i) maintain a reasonable relative price relationship between the various commodity prices;

(iii) implement reasonable purchase and sale price differentials, wholesale and retail price differentials, regional price differentials and seasonal price differentials, on the precondition of a reduction of the number of marketing stages through which goods must pass and a reduction of costs incurred in this circulation of goods.

Article 8 State stipulated prices refer to commodity prices and service fee rates determined by the commodity price departments and the competent departments of the various people's governments at county level and above in accordance with their area of jurisdiction as stipulated by the State.

State guided prices refer to commodity prices and service fee rates determined by enterprises within the guidelines prescribed by the commodity price departments and the competent departments of the various people's governments at county level and above in accordance with their area of jurisdiction as stipulated by the State, through the setting of a fundamental price fluctuation range, a rate differential, a profit rate, a ceiling price and a minimum reserve price.

Article 9 A list of commodities and service fee items which are subject to division of control and under State stipulated pricing and State guided pricing shall be formulated and adjusted by the State commodity price department and provincial, autonomous region and directly administered municipal commodity price departments designated by the State commodity price department.