Regulations of Xinjiang Uygur Autonomous Region on the Supervision of Contract Format Clauses

Article 1 These Regulations are formulated in accordance with the Contract Law of People's Republic of China (PRC) and the Law of People's Republic of China (PRC) on the Protection of Consumers' Rights and Interests, with a view to standardizing the terms of contract formats, maintaining the market transaction order and public interests, and ensuring the equal and fair trading status and rights of the parties to the contract. Article 2 These Regulations shall apply to the use, supervision and management of contract format clauses within the administrative area of the autonomous region; Where the People's Republic of China (PRC) Labor Contract Law, People's Republic of China (PRC) Rural Land Contract Law and other relevant laws and regulations have other provisions on the supervision and management of relevant contracts, those provisions shall prevail. Article 3 The term "contract format clauses" as mentioned in these Regulations refers to the contract clauses drafted in advance by the contract provider (hereinafter referred to as the contract provider) for repeated use without consulting the other party when concluding the contract.

These Regulations shall apply to commercial advertisements, shop notices, notices, statements, instructions, explanations, vouchers and documents that meet the conditions of offer and the provisions of the preceding paragraph. Article 4 The administrative department for industry and commerce of the people's government at or above the county level shall be responsible for the supervision and administration of the standard clauses of the contract; Other relevant departments shall, according to their respective responsibilities, do a good job in the supervision and management of relevant contract format clauses. Article 5 The people's governments at or above the county level and their relevant departments shall guide the parties to a contract to follow the principles of fairness, honesty and credit, strengthen the construction of the contract credit system, and raise social credit awareness. Article 6 The standard clauses of a contract shall be popular, concise, understandable and easy to write. Administrative organs, relevant trade organizations and social organizations shall take effective measures to encourage and guide contract providers to use the model contract texts produced and published by the State Administration for Industry and Commerce and relevant administrative departments. Article 7 The administrative department for industry and commerce and relevant departments shall establish and improve the system of mutual exchange and public inquiry of contract credit information of contract providers, and provide inquiry services to the society. Article 8 Relevant industry organizations, social organizations and chambers of commerce shall guide the formulation and use of contract format clauses, and give play to the self-discipline and supervision role of contract format clauses; Consumers' associations shall actively cooperate with relevant departments to carry out supervision over contract format clauses, handle complaints and reports about contract format clauses disputes in a legal, fair and timely manner, and safeguard consumers' legitimate rights and interests. Article 9 Administrative organs, relevant trade organizations and social organizations shall respect and protect the business secrets and personal privacy of the parties and safeguard the legitimate rights and interests of the parties when performing their duties of supervising the standard clauses of contracts. Article 10 A contract provider shall not use the terms of the contract format to carry out the following acts:

(a) fictional subject matter, sales channels or lied about underwriting and recycling products to induce others to sign contracts;

(two) fictional subject qualification or misappropriation, fraudulent use of other people's name to sign a contract;

(three) fabricating or using false information to induce others to sign a contract and obtain intermediary fees, project start-up fees, training fees, quality guarantees and other property;

(4) setting terms that cannot be performed in fact, so that the other party cannot perform the contract and obtain property;

(five) other acts that harm the public interest and the legitimate rights and interests of others. Article 11 If the standard clauses of a contract contain the contents of exempting or lightening the responsibilities of the contract provider, the contract provider shall clearly indicate them in the text of the contract, mark them in a conspicuous way, remind the other party before concluding the contract, and explain the clauses according to the requirements of the other party.

Shop notices, notices, statements, explanations, etc. If it is applicable to the other party, the operator shall take the form of easy viewing and set it in a prominent position in the business premises. If a specific party needs to perform, it shall explain it to the other party in advance. Article 12 The format clauses of a contract shall not contain the contents of exempting or lightening the following responsibilities of the contract provider:

(1) Liability for causing personal injury to the other party;

(2) Liability for property losses of the other party due to intentional or gross negligence;

(three) to undertake the guarantee responsibility for the goods or services provided according to law;

(four) the liability for breach of contract that should be borne according to law;

(5) Other responsibilities that should be undertaken according to law. Article 13 The format clauses of a contract shall not contain the following contents that aggravate the liability of the other party:

(1) The liquidated damages or damages exceed a reasonable amount;

(2) Undertaking the operational risk responsibility that should be borne by the contract provider;

(3) Other contents that increase the liability of the other party in violation of laws and regulations. Article 14 The format clauses of a contract shall not contain the following contents that exclude the rights of the other party:

(a) to change or terminate the contract according to law;

(2) Requesting payment of liquidated damages or claiming compensation for losses;

(3) Choosing the ways and methods to resolve contract disputes;

(four) the right to interpret the contract;

(5) Other rights enjoyed according to law. Article 15 Where the following contracts adopt standard clauses, the contract provider shall submit the contract text to the administrative department for industry and commerce that issued its business license for the record before use; If the business license of the contract provider is issued by the State Administration for Industry and Commerce, the text of the contract shall be submitted to the Autonomous Region Administration for Industry and Commerce for the record:

(a) housing sales, leasing and related intermediary and entrustment contracts;

(2) Contracts for the sale and lease of motor vehicles;

(3) Property management contracts;

(four) power supply, water supply, heating and gas supply contracts;

(5) Medical service contracts;

(6) Hotel, hotel and tourism service contracts;

(seven) cable television, postal and telecommunications contracts;

(8) Loan contract;

(9) Transport contracts;

(10) Commercial insurance contracts;

(eleven) residential decoration, renovation contract;

(12) commercial training contract;

(thirteen) agricultural means of production and agricultural and sideline products purchase and sale contracts;

(fourteen) other contracts in accordance with the provisions of the first paragraph of article third of these regulations.

The text of a contract used by an institution that does not need to obtain a business license shall be filed with the administrative department for industry and commerce of the local people's government at or above the county level.