E-commerce as mentioned in this Law refers to the business activities of selling goods or providing services through information networks such as the Internet.
Where there are provisions in laws and administrative regulations on the sale of goods or the provision of services, such provisions shall prevail. This Law does not apply to financial products and services that provide news information, audio-visual programs, publications and cultural products through information networks. Article 3 The State encourages the development of new formats of e-commerce, innovates business models, promotes the research and development, popularization and application of e-commerce technology, promotes the construction of e-commerce credit system, creates a market environment conducive to the innovative development of e-commerce, and gives full play to the important role of e-commerce in promoting high-quality development, meeting people's growing needs for a better life and building an open economy. Article 4 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 relevant departments shall not adopt discriminatory policies and measures, and shall not abuse administrative power to exclude or restrict market competition. Article 5 When engaging in business activities, e-commerce operators shall follow the principles of voluntariness, equality, fairness, honesty and credibility, abide by laws and business ethics, participate in market competition fairly, perform obligations such as consumer rights protection, environmental protection, intellectual property protection, network security and personal information protection, assume responsibility for product and service quality, and accept government and social supervision. Article 6 The relevant departments of the State Council shall be responsible for the promotion, supervision and management of e-commerce development according to the division of responsibilities. The local people's governments at or above the county level may, according to the actual situation of their respective administrative areas, determine the division of responsibilities of the competent departments of e-commerce within their respective administrative areas. Article 7 The State shall establish a collaborative management system that conforms to the characteristics of e-commerce, and promote the formation of an e-commerce market governance system with the participation of relevant departments, e-commerce industry organizations, e-commerce operators and consumers. Eighth e-commerce industry organizations in accordance with the articles of association to carry out industry self-discipline, establish and improve industry norms, promote the construction of industry integrity, supervise and guide the operators of this industry to participate in market competition fairly. Chapter II E-commerce Operators Section 1 General Provisions Article 9 The term "e-commerce operators" as mentioned in this Law refers to natural persons, legal persons and unincorporated organizations engaged in business activities of selling goods or providing services through information networks such as the Internet, including e-commerce platform operators, in-platform operators and e-commerce operators selling goods or providing services through network services such as self-built websites.
E-commerce platform operators mentioned in this Law refer to legal persons or unincorporated organizations that provide online business premises, transaction matching, information release and other services for two or more parties to independently conduct transactions in e-commerce.
The term "in-platform operators" as mentioned in this Law refers to e-commerce operators who sell goods or provide services through e-commerce platforms. Article 10 E-commerce operators shall register market entities according to law. However, unless individuals sell their own agricultural and sideline products and household handicraft products, individuals do not need to obtain permission according to law, nor do they need to register according to laws and administrative regulations. Eleventh e-commerce operators should fulfill their tax obligations and enjoy tax preferences according to law.
An e-commerce operator who does not need to register as a market entity according to the provisions of the preceding article shall, after the first tax payment obligation occurs, go through the tax registration in accordance with the provisions of laws and administrative regulations on tax collection management and truthfully declare and pay taxes. Twelfth e-commerce operators engaged in business activities, according to the law need to obtain the relevant administrative license, it should be obtained according to law. Article 13 The commodities sold or services provided by e-commerce operators shall meet the requirements of protecting personal and property safety and environmental protection, and shall not sell or provide commodities or services prohibited from trading by laws and administrative regulations. Article 14 When selling goods or providing services, e-commerce operators shall issue purchase vouchers or service documents such as paper invoices or electronic invoices according to law. Electronic invoices and paper invoices have the same legal effect. Article 15 An e-commerce operator shall continuously publicize the business license information, the administrative licensing information related to its business, the situation that it is not necessary to register the market subject according to Article 10 of this Law, or the link identification of the above information in a prominent position on its homepage.
If the information specified in the preceding paragraph changes, e-commerce operators shall update public information in a timely manner. Article 16 If an e-commerce operator voluntarily terminates engaging in e-commerce, it shall continuously publicize relevant information in a prominent position on the homepage 30 days in advance. Seventeenth e-commerce operators should fully, truly, accurately and timely disclose the information of goods or services, and protect consumers' right to know and choose. E-commerce operators shall not conduct false or misleading commercial propaganda, deceive or mislead consumers by fabricating transactions or user evaluation.