The business scope of an e-commerce company refers to the categories, varieties and services of goods that the state allows enterprises to produce and operate.
The business scope of e-commerce company is as follows:
I, commerce (trade, e-commerce) category
1, department stores (daily necessities, clothing and apparel, shoes and hats, leather products, toys, detergents, cosmetics, skin care products, photographic equipment, audio equipment and devices, sporting goods, adult products, etc.);
2, cultural and office supplies ( Paper products, paper, office equipment, office supplies), etc.;
3, packaging materials, etc.
4, handicrafts (crafts and gifts, gold and silver jewelry, silver, silver products, jewelry), etc.;
5, chemical raw materials and products (except for hazardous materials), chemical reagents, chemical department store, etc.;
6, hardware and electrical appliances (household appliances, bicycles, electric vehicles, Automobile supplies, automobile accessories, auto parts, automobile and motorcycle parts, steel wire rope, valves, pipe fittings, bearings, etc.);
7, electronic products, communications equipment, communications equipment (except satellite dishes), telecommunications equipment, telecommunications materials, instruments and meters, wire and cable, etc.;
8, electromechanical equipment and accessories (power tools, refrigeration equipment, compressors and accessories, measuring tools), Mechanical equipment and accessories, etc.;
9, computers, computer software and accessories, printing products, etc.;
10, prepackaged food, etc.;
11, plastic products (rubber products, plastic products), metal products, glass instruments, etc.;
12, construction materials (metal materials, steel, stone, yellow sand, wood), non-ferrous metals, Ferrous metals, etc.
13, decoration materials (plumbing and heating equipment, sanitary ware, ceramic products), construction hardware, etc.
14, furniture (office furniture, furniture supplies, etc.);
15, textiles (textile raw materials, textile decorative fabrics, needlework, etc.);
16, hotel equipment, hotel supplies, etc.
17, fertilizers, etc.;
18, primary agricultural products sales, etc.
19, outdoor products, etc.
20, sports equipment, fitness equipment, etc.
21, medical equipment (Class 1, Class 2, Class 3).
Two, electronic technology (computer science and technology, science and technology) category
1, computer software and hardware development and sales;
2, computer technology consulting, technical services;
3, Internet engineering construction, debugging and maintenance;
4, Internet operations and promotion, the agent to publish advertising;
5, electronic products and accessories wholesale and sales;
6, security monitoring products sales, construction and technical services;
7, electromechanical products sales and installation and services;
8, office equipment and office supplies wholesale and sales;
9, engaged in the import and export of goods and technology business.
Expanded Information:
The Electronic Commerce Law of the People's Republic of China*** and the State of China has been adopted by the Fifth Meeting of the Standing Committee of the Thirteenth National People's Congress of the People's Republic of China on August 31, 2018, and is hereby promulgated to come into effect on January 1, 2019.
Contents
Chapter I General Provisions
Chapter II E-Commerce Operators
Section I General Provisions
Section II E-Commerce Platform Operators
Chapter III Conclusion and Performance of E-Commerce Contracts
Chapter IV E-Commerce Dispute Settlement
Chapter V E-Commerce Promotion
Chapter VI Legal Liability
Chapter VII Supplementary Provisions
Chapter I General Provisions
Article 1 In order to safeguard the legitimate rights and interests of all parties involved in e-commerce, regulate e-commerce behavior, maintain the market order, and promote the sustained and healthy development of e-commerce, the enactment of this Law.
Article II of the Chinese people*** and electronic commerce activities within the territory of the State, the application of this Law.
This law refers to e-commerce, refers to the sale of goods or services through the Internet and other information networks of business activities.
Laws and administrative regulations on the sale of goods or the provision of services, its provisions shall apply. Financial products and services, the use of information networks to provide news and information, audio and video programs, publishing and cultural products and other content services, shall not apply to this Law.
Article 3 of the State encourages the development of e-commerce new forms of business, innovative business models, promote e-commerce technology research and development and promote the application of e-commerce, promote the construction of e-commerce integrity system, to create a market environment conducive to the development of e-commerce innovation and e-commerce to give full play to e-commerce in the promotion of high-quality development, to meet the people's growing needs for a better life, and to build an open economy play an important role.
Article 4 of the State treats online and offline business activities equally, and promotes the integrated development of online and offline, people's governments at all levels and the relevant departments shall not adopt discriminatory policies and measures, and shall not abuse their administrative power to exclude or restrict market competition.
Article 5 e-commerce operators engaged in business activities, should follow the principles of voluntariness, equality, fairness and good faith, comply with the law and business ethics, fair competition in the market, fulfill the protection of consumer rights and interests, environmental protection, protection of intellectual property rights, network security and protection of personal information and other aspects of the obligation to assume responsibility for the quality of the products and services, and accept the supervision of the government and society.
Article VI of the State Council departments in accordance with the division of responsibilities for the development of electronic commerce promotion, supervision and management work. Local people's governments at or above the county level can be based on the actual situation of the administrative region, to determine the division of responsibilities of e-commerce departments within the administrative region.
Article VII of the State to establish a coordinated management system in line with the characteristics of e-commerce, and promote the formation of the relevant departments, e-commerce industry organizations, e-commerce operators, consumers and other **** with the participation of the e-commerce market governance system.
Article VIII of the e-commerce industry organizations in accordance with the statute of the organization to carry out industry self-discipline, establish and improve industry norms, promote the construction of industry integrity, supervision, guide the industry operators to participate in fair market competition.
Chapter II e-commerce operators
Section I General Provisions
Article IX of this Law refers to the e-commerce operators, refers to the Internet and other information networks engaged in the sale of goods or the provision of services to the business activities of natural persons, legal persons and unincorporated organizations, including e-commerce platform operators, the platform operators, as well as through their own websites, other network services, the sale of goods or the provision of services. E-commerce operators selling goods or providing services.
The e-commerce platform operator referred to in this Law means a legal person or an unincorporated organization in e-commerce for the two or more parties to the transaction to provide network premises, transaction aggregation, information dissemination and other services for the two or more parties to carry out trading activities independently.
The platform operators referred to in this Law, refers to the e-commerce platform through the e-commerce sales of goods or services provided by e-commerce operators.
Article 10 of the e-commerce operators shall, in accordance with law, the registration of market entities. However, the individual sales of self-produced agricultural and sideline products, cottage industry products, individuals use their skills in accordance with the law does not require a license to engage in civilian labor activities and small transactions, and in accordance with laws and administrative regulations do not need to be registered except.
Article XI of electronic commerce operators shall fulfill their tax obligations, and enjoy tax incentives in accordance with law.
In accordance with the provisions of the previous article do not need to apply for market entity registration of e-commerce operators in the first tax obligations occur, shall apply for tax registration in accordance with the provisions of the laws and administrative regulations on the management of tax collection, and truthfully declare taxes.
Article XII of the e-commerce operators to engage in business activities, in accordance with the need to obtain the relevant administrative licenses, shall obtain administrative licenses.
Article XIII of the e-commerce operators to sell goods or provide services should be consistent with the protection of persons, property safety requirements and environmental protection requirements, shall not sell or provide laws and administrative regulations prohibit the sale of goods or services.
Article XIV of the e-commerce operator to sell goods or provide services should be issued in accordance with the law or electronic invoices and other paper invoices proof of purchase or service documents. Electronic invoices and paper invoices have the same legal effect.
Article 15 of the e-commerce operators shall be in a prominent position on its home page, continue to publicize the business license information, administrative licensing information related to its business, in accordance with the provisions of Article 10 of this Law does not need to apply for the registration of market players and other information, or the link to the above information.
The preceding paragraph of the information changes, e-commerce operators shall promptly update the public information.
Article XVI of the e-commerce operators to terminate their own e-commerce, should be thirty days in advance in the home page of the prominent position of the information continues to be displayed.
Article XVII of electronic commerce operators shall be comprehensive, true, accurate and timely disclosure of goods or services, to protect consumers' right to know and the right to choose. E-commerce operators shall not fictitious transactions, fabricated user reviews and other ways to conduct false or misleading commercial advertising, deception, misleading consumers.
Article 18 of electronic commerce operators based on consumers' interests and hobbies, consumption habits and other characteristics of the search results of goods or services provided to them, shall at the same time provide the consumer with options that do not target their personal characteristics, respect for and equal protection of the legitimate rights and interests of consumers.
E-commerce operators to send advertisements to consumers, shall comply with the relevant provisions of the Advertising Law of the People's Republic of China.
Article 19 of the e-commerce operators selling goods or services, shall draw the attention of consumers in a conspicuous manner, shall not sell goods or services as the default consent option.
Article 20 of the e-commerce operators shall deliver goods or services to consumers in accordance with the promise or agreed with the consumer in a manner, time limit, and bear the risks and responsibilities in the transportation of goods. However, consumers choose a separate express logistics service providers.
Article 21 of the e-commerce operators in accordance with the agreement to collect deposits from consumers, should be expressed in the manner of deposit return, procedures, shall not set unreasonable conditions for the return of deposits. Consumers apply for the return of the deposit, in line with the conditions for the return of the deposit, e-commerce operators shall promptly return.
Article 22 e-commerce operators due to its technological advantage, the number of users, the ability to control the relevant industry and other operators on the e-commerce operator in the degree of reliance on the transaction and other factors and has a dominant position, shall not be abused dominant position, exclude or restrict competition.
Article 23 of the electronic commerce operators to collect, use their users' personal information, shall comply with laws and administrative regulations on the protection of personal information.
Article 24 of electronic commerce operators shall specify the user information query, correction, deletion, and user cancellation methods, procedures, shall not be query, correction, deletion of user information, as well as user cancellation of the setting of unreasonable conditions.
E-commerce operators receive user information query or correction, delete the application, shall verify the identity of the timely provision of query or correction, delete user information. User cancellation, e-commerce operators shall immediately delete the user's information; in accordance with the provisions of laws and administrative regulations or the two sides agreed to save, in accordance with its provisions.
Article 25 of the competent authorities in accordance with the provisions of laws and administrative regulations require e-commerce operators to provide information on e-commerce data, e-commerce operators shall provide. The competent authorities shall take the necessary measures to protect the security of data and information provided by the e-commerce operator, and the personal information, privacy and commercial secrets are strictly confidential, and shall not be leaked, sold or illegally provided to others.
Article 26 of the e-commerce operators engaged in cross-border e-commerce, shall comply with import and export supervision and management of laws, administrative regulations and relevant state regulations.
Section II e-commerce platform operators
Article 27 of the e-commerce platform operators shall require the application for access to the platform for the sale of goods or the provision of services to the operator to submit their identity, address, contact information, administrative license and other real information, verification, registration, establishment of the registration file, and regular verification and updating.
E-commerce platform operators to enter the platform for the sale of goods or services provided by non-business users to provide services, shall comply with the relevant provisions of this section.
Article 28 of the e-commerce platform operators shall, in accordance with the provisions of the market supervision and management departments to report the identity of the platform operators, prompted by the operators who have not registered as market players to register according to law, and with the market supervision and management departments, in view of the characteristics of e-commerce, should apply for the registration of market players to register to facilitate.
E-commerce platform operators shall, in accordance with the provisions of the tax collection and management laws and administrative regulations, to the tax department to report the identity of the platform operators and tax-related information, and shall prompt in accordance with the provisions of Article 10 of this Law does not need to apply for registration of market entities of e-commerce operators in accordance with the provisions of the second paragraph of Article 11 of this Law to apply for registration of tax.
Article 29 of the e-commerce platform operators found in the platform of goods or services in violation of the provisions of Article 12, Article 13 of this Law, shall take the necessary measures to dispose of, and report to the competent authorities.
Article 30 of the e-commerce platform operators shall take technical measures and other necessary measures to ensure the security of its network, stable operation, to prevent illegal and criminal activities on the network, effective response to network security incidents, to ensure the security of e-commerce transactions.
E-commerce platform operators shall formulate network security incident contingency plans, network security incidents, should immediately start the contingency plan, take appropriate remedial measures, and report to the relevant competent authorities.
Article 31 of the e-commerce platform operators shall record, save the platform released on the goods and services information, transaction information, and to ensure the integrity of the information, confidentiality, availability. Goods and services information, transaction information preservation time from the date of completion of the transaction is not less than three years; laws and administrative regulations provide otherwise, in accordance with their provisions.
Article 32 of the e-commerce platform operators shall follow the principles of openness, fairness and impartiality, the development of the platform service agreement and transaction rules, clear entry and exit platform, goods and services, quality assurance, protection of consumer rights and interests, personal information protection and other rights and obligations.
Article 33 of the e-commerce platform operators shall continue to display the platform service agreement and transaction rules in a prominent position on its home page or the link logo of the above information, and to ensure that operators and consumers can read and download conveniently and completely.
Article 34 of the e-commerce platform operators to modify the platform service agreement and transaction rules, shall be in a prominent position on its home page for public comment, and take reasonable measures to ensure that all parties concerned can fully express their views in a timely manner. The modifications shall be publicized at least seven days before implementation.
The platform operators do not accept the revised content, the request to withdraw from the platform, the e-commerce platform operators shall not prevent, and in accordance with the service agreement and transaction rules before the modification of the relevant responsibilities.
Article 35 of the e-commerce platform operators shall not utilize the service agreement, transaction rules and technology and other means to impose unreasonable restrictions or conditions on the platform operators' transactions, transaction prices and transactions with other operators, or to charge unreasonable fees to the platform operators.
Article 36 of the e-commerce platform operators in accordance with the platform service agreement and transaction rules on the platform operators in violation of laws and regulations of the implementation of warning, suspension or termination of services and other measures, shall be promptly announced.
Article 37 of the e-commerce platform operator in its platform to carry out self-operated business, should be marked in a conspicuous manner to distinguish between self-operated business and the platform operators to carry out the business, shall not mislead consumers.
The e-commerce platform operator shall bear the civil liability of the seller of goods or service provider for the business labeled as self-operated.
Article 38 of the e-commerce platform operators know or should know that the platform operator sales of goods or services do not meet the requirements for the protection of personal and property safety, or other infringement of the legitimate rights and interests of consumers, and did not take the necessary measures, according to the law, and the platform operator to assume joint and several liability.
The consumer's life and health of goods or services, e-commerce platform operators on the platform operator's qualifications have not been able to fulfill the obligation to audit, or consumers have not been able to fulfill the obligation of safety and security, resulting in consumer damage, according to law to assume the corresponding responsibility.
Article 39 of the e-commerce platform operators shall establish and improve the credit evaluation system, publicize the credit evaluation rules, to provide consumers with the platform for the sale of goods or services provided by the evaluation of the way.
E-commerce platform operators shall not delete the evaluation of consumers on its platform sales of goods or services provided.
Article 40 of the e-commerce platform operators should be based on the price of goods or services, sales, credit and other ways to consumers to show the search results of goods or services; for bidding ranking of goods or services, should be significantly marked "advertising".
Article 41 of the e-commerce platform operators shall establish rules for the protection of intellectual property rights, and intellectual property rights to strengthen cooperation, in accordance with the protection of intellectual property rights.
Article 42 of the intellectual property rights that their intellectual property rights have been infringed upon, the right to notify the e-commerce platform operator to take necessary measures to delete, blocking, disconnection, termination of transactions and services. The notice shall include prima facie evidence of infringement.
The e-commerce platform operator shall, upon receipt of the notice, take the necessary measures in a timely manner and forward the notice to the platform operator; if the necessary measures are not taken in a timely manner, the operator shall bear joint and several liabilities for the expansion of the damages with the platform operator.
If the platform operator suffers damage due to wrong notification, it shall bear civil liability according to law. If the operator of the platform suffers damage due to the wrong notification issued in bad faith, the operator shall be doubly liable for compensation.
Article 43 of the platform operators receive the notice forwarded to the e-commerce platform operators can submit to the statement of non-infringement. The statement shall include prima facie evidence of non-infringement.
The e-commerce platform operator receives the statement, the statement shall be forwarded to the notification of intellectual property rights, and inform the competent authorities can complain to the people's court or to sue. E-commerce platform operators in the forwarding statement to the intellectual property rights within fifteen days after the receipt of the statement, has not been received by the rights of the person who has complained or sued the notice, shall promptly terminate the measures taken.
Article 44 of the e-commerce platform operators shall promptly publicize the receipt of the provisions of Article 42, Article 43 of this Law, the notice, statement and results.
Article 45 of the e-commerce platform operator knows or should know that the platform operator infringes on intellectual property rights, shall take necessary measures to delete, blocking, disconnecting, terminating transactions and services; failure to take the necessary measures, and the infringer shall bear joint and several liability.
Article 46 In addition to the services provided in paragraph 2 of Article 9 of this Law, the e-commerce platform operators can, in accordance with the platform service agreement and transaction rules, for the e-commerce between operators to provide warehousing, logistics, payment and clearing, settlement and other services. E-commerce platform operators for the operators of electronic commerce services, shall comply with laws, administrative regulations and relevant state regulations, shall not take the centralized bidding, market makers and other centralized trading transactions, standardized contracts shall not be traded.
Source: small and medium-sized enterprise policy and rights network - Chinese people's *** and the State e-commerce law