Regulations of Shanghai Municipality on Supervision of Contract Format Clauses (revised in 22)

article 1 these regulations are formulated in accordance with the provisions of the civil code of the people's Republic of China, the law of the people's Republic of China on the protection of consumers' rights and interests and relevant laws and regulations, and in combination with the actual situation of this municipality, in order to standardize the standard clauses in contracts, prevent the abuse of standard clauses to obtain illegitimate interests and protect the legitimate rights and interests of consumers. Article 2 Standard terms refer to terms that the provider of standard terms (hereinafter referred to as the provider) drafted in advance for reuse and did not consult with the other party when concluding the contract.

commercial advertisements, notices, statements, shop notices, vouchers, documents, etc. shall be regarded as standard terms if they conform to the provisions of the offer and the preceding paragraph. Article 3 Within the scope of this Municipality, these Regulations shall apply to the standard clauses in contracts concluded between providers and consumers who need to buy or use commodities or receive services for daily consumption. Article 4 The market supervision and management department of this Municipality shall be responsible for supervising the standard terms, and handling the illegal acts of using the standard terms to harm the legitimate rights and interests of consumers according to law.

other relevant administrative departments shall, in accordance with their respective duties, * * * do a good job in supervising the standard terms and deal with illegal acts that harm the legitimate rights and interests of consumers in a timely manner.

trade organizations shall, in accordance with the provisions of laws, regulations and articles of association, guide the provision of standard terms in their own industries, and accept the supervision of market supervision and management departments and relevant administrative departments. Article 5 The provider shall follow the principle of fairness to determine the rights and obligations between the parties, and shall not abuse its dominant position to make unfair and unreasonable provisions for consumers. Article 6 the standard terms shall not contain the contents that exempt the provider from the following responsibilities:

(1) the responsibility for causing personal injury to consumers;

(2) Liability for property losses of consumers caused by intentional or gross negligence;

(3) the guarantee liability that should be assumed for the provided goods or services according to law;

(4) liabilities for breach of contract that should be borne by law due to breach of contract;

(5) Other responsibilities that should be undertaken according to law. Article 7 the standard clauses shall not contain any content that aggravates the following responsibilities of consumers:

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

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

(3) other contents that increase consumers' responsibilities in violation of laws and regulations. Article 8 the standard clauses shall not contain the contents that exclude the following main rights of consumers:

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

(2) requesting payment of liquidated damages or claiming damages;

(3) exercise the right to interpret the contract;

(4) the right to bring a lawsuit against contract disputes;

(5) Other major rights enjoyed by consumers according to law. Article 9 Where the standard clauses contain the contents of exempting or limiting their own responsibilities, the provider shall draw the attention of consumers in clear and understandable language or words before the conclusion of the contract. Notices, statements, shop notices, etc. should also be located in a conspicuous position. Article 1 A provider may refer to the model texts of various contracts when drafting standard clauses.

the model contract text shall be formulated by the relevant administrative departments or industry organizations.

Shanghai Municipal Bureau of Market Supervision (hereinafter referred to as the Municipal Bureau of Market Supervision) can participate in the formulation of the model contract text.

if the relevant administrative departments and trade organizations make model contracts by themselves, they shall report to the municipal market supervision bureau for the record. Article 11 Where the following contracts adopt standard terms, the provider shall report the contract text to the Municipal Market Supervision Bureau for the record before the conclusion of the contract, except for those which are regarded as standard terms as stipulated in the second paragraph of Article 2 of these Regulations:

(1) the sale and lease of houses and their intermediary and entrustment contracts;

(2) Property service contract and residential decoration contract;

(3) Travel contracts;

(4) electricity, water and gas supply contracts;

(5) transport contract;

(6) postal and telecommunication contracts;

(7) Other contracts that the Municipal People's Government considers need to be filed with standard clauses.

if the contents of the recorded format clauses need to be changed, the provider shall report the changed format clauses to the municipal market supervision bureau for the record.

the municipal market supervision bureau shall establish a public access system for the format clauses for filing. Article 12 If the format clauses are found to be in violation of the provisions of Article 6, Article 7 and Article 8 of these regulations in the following ways, the Municipal Market Supervision Bureau may put forward opinions to the provider for amendment; If the provider does not agree to the amendment or has any objection to the amendment, it may request the Municipal Market Supervision Bureau to hold a hearing:

(1) The Municipal Market Supervision Bureau finds it after filing and examination;

(2) discovered by the market supervision and management department in daily supervision and inspection;

(3) discovered by the Consumer Protection Committee when performing its functions;

(4) discovered by consumer complaints.

in accordance with the provisions of article 11 of these regulations that need to be reported to the municipal market supervision bureau for the record, the municipal market supervision bureau shall organize a hearing if the provider requests a hearing. If the provider requests a hearing for the format clauses other than those stipulated in Article 11 of this Ordinance, the Municipal Market Supervision Bureau may decide whether to organize a hearing according to the actual situation. Thirteenth Municipal Market Supervision Bureau shall, seven days before the hearing, notify the provider and other relevant parties of the time and place of the hearing. The provider shall attend the hearing.

When organizing a hearing, the Municipal Market Supervision Bureau may invite the Municipal Consumer Rights Protection Committee, relevant administrative departments, industry organizations, experts and scholars, legal professionals and consumer representatives to participate.