深圳经济特区价格管理条例 Administrative Regulations of Shenzhen Special Economic Zone on Price

（Adopted at the Fourth Meeting of the Standing Committee of the Second Shenzhen Municipal People‘s Congress on November 3， 1995.）
颁布日期：19951103 　实施日期：19960101 　颁布单位：深圳市人大常委会

　　Chapter Ⅰ General Provisions

　　Article 1 In order to normalize the administration of price and pricing in Shenzhen Special Economic Zone （hereinafter referred to as “Special Zone”）， maintain the market price order， and protect national interests as well as lawful rights and interests of operators and consumers， these regulations are formulated in accordance with the basic principles of national laws and administrative regulations involving price and the actual circumstances of Special Zone.

　　Article 2 These regulations shall be applicable to the pricing of national authorities， institutions and operators in Special Zone.

　　Article 3 The prices regulated in these regulations include the prices of commodities and the fees of operational services.

　　Article 4 The State protects fair and lawful pricing， and prohibits price frauds， monopolies and other illegitimate pricing.

　　Article 5 The price administration shall follow the principle of mainly depending on indirect administration and auxiliarily depending on direct administration. Special Zone exercises two price forms， namely， government-controlled price and operator-set price. The government-controlled price applies to the prices of important commodities and services， and the operator-set price applies to other commodities and services.

　　Article 6 The Shenzhen Municipal People‘s Government （hereinafter referred to as “municipal government”） shall set the targets for controlling the general price level and the schedule for adjustment of the price structure in accordance with national general price level， needs for social development， fiscal conditions and affordance of the enterprises and consumers， and shall place it in the annual plan of national economy and social development and organize to implement it.

　　Article 7 The administrative department for price of the municipal government is the competent department for price in Special Zone （hereinafter referred to as “municipal competent department”）。 The administrative departments for price （hereinafter referred to as “district competent department”） of the district people‘s governments （hereinafter referred to as “district government”） are responsible for price administration within their respective district areas.

　　The administrative departments of the municipal government for public security， industry and commerce and others shall assist the competent department to conduct price administration according to their respective duties and powers.

　　Each trade association shall carry out supervision to the pricing of its trade under the direction and supervision of the municipal and district competent departments.

　　Chapter Ⅱ Rights and Obligations of Operators

　　Article 8 “Operators” in these regulations refers to the individuals， legal persons and other organizations that engage in production or sale of commodities， or providing paid services.

　　Article 9 Operators enjoy the following rights in pricing：

　　（1） to fix price or make suggestions about fixing or adjusting price according to the principles and measures of fixing the price enacted by the government， in case the pricing shall be controlled by the government；

　　（2） to determine and adjust the price autonomously， in case the pricing shall be undertaken by operators； and

　　（3） to report and complain the illegal pricing.

　　Article 10 The rights in pricing enjoyed by the operators are protected by the laws that no unit or individual can restrict or deprive of.

　　Article 11 The operators shall bear the following obligations in pricing：

　　（1） to observe the government-controlled price or the principles and measures of fixin

g the price enacted by the government， in case the pricing shall be controlled by the government；

　　（2） to provide relevant materials about price to the government in time and truly；

　　（3） to clearly mark the price to the commodities and services provided. to clearly indicate the government documents of fixing price in the place of business in case the pricing shall be undertaken by operators.

　　Article 12 Operators shall not undertake the following behaviors in pricing：

　　（1） to sell the commodities or provide services with the means of price fraud；

　　（2） to undertake price discrimination against the traders who are under the same trading conditions；

　　（3） to engage in competitive sale， provide services below cost price or purchase commodities with high price， with the aim to merge the rival or monopolize the market shares；

　　（4） to restrict the trade counterpart‘s resale price； and

　　（5） other behaviors in pricing prohibited by laws and regulations.

　　Chapter Ⅲ Powers and Duties of the Administrative Department for Price

　　Article 13 The powers and duties of municipal and district competent departments are：

　　（1） to implement and supervise the implementation of laws， regulations， rules and administrative measures in price， and enact concrete measures for price administration according to the actual circumstances of Special Zone；

　　（2） to fix and adjust prices under control of government within the assigned administrative powers in pricing. The fixation or adjustment of the prices of important commodities and services shall be reported to municipal government for approval；

　　（3） to be responsible for monitoring the market price， organize the production cost investigation， monitor the variation trend of market supply and demand as well as the variation trend of price， and to exchange the information about price；

　　（4） to protect the rights in pricing of the operators， direct the operators to establish and improve the system of internal management， and train and examine the price managerial personnel；

　　（5） to organize and direct price consulting service and other price intermediary services to carry out their work；

　　（6） to investigate and deal with illegal behaviors in pricing； and

　　（7） other powers and duties stipulated by laws and regulations.

　　Article 14 The powers and duties in pricing of other municipal government administrative departments are：

　　（1） to implement and supervise the implementation of laws， regulations， rules and administrative measures involving pricing；

　　（2） to fix and adjust government-controlled price within the assigned administrative powers in pricing， or make suggestions about price adjustment and provide relevant materials to municipal competent department；

　　（3） to direct and supervise the work of pricing within the administrative scope of this department， to coordinate the price deputes， and to assist the competent department to investigate and deal with illegal behaviors in pricing； and

　　（4） other powers and duties stipulated by laws and regulations.

　　Article 15 The municipal competent department and other municipal government administrative departments determine the assigned administrative powers according to the Price Administration Catalogs issued by the municipal government.

　　Article 16 The trade associations perform the following powers and duties：

　　（1） to organize their own trade associations to implement laws， regulations， rules and administrative measures involving pricing；

　　（2） to assist the municipal and district competent departments and other government administrative departments to investigate， supervise and inspect the behaviors in pricing of their trade；

　　（3） to make suggestions about the work of pricing in their trade to the municipal and district competent d

epartments as well as other municipal government administrative departments； and

　　（4） to coordinate the price disputes in their trade.

　　Article 17 The municipal and district competent departments， other municipal government administrative departments， and the trade associations shall keep confidential the business secrets of the operators， while they perform the powers and duties stipulated in these regulations.

　　Chapter Ⅳ Fixation and Administration of the Price

　　Article 18 “Government-controlled price” in these regulations refers to the prices fixed according to the assigned administrative power in pricing and procedures， and the prices regulated through principles and measures of determining prices by the municipal and district competent departments as well as other administrative departments.

　　Article 19 The municipal government shall establish the system of important commodity reserve， price regulation fund and necessary price subsidy. The concrete implementing measures shall be made by the municipal government separately.

　　Article 20 The municipal government shall establish the municipal price consulting committee to carry out consultation and hearing to the fixation and adjustment of important government-controlled price. The municipal price consulting committee consists of the representatives recommended by all circles. The concrete working measures of the municipal price consulting committee shall be made by the municipal government separately.

　　Article 21 The municipal competent department may establish price firm， which engages in price consultation and assessment as well as other services.

　　Article 22 The fixation and adjustment of the government-controlled price shall be based on the average prod

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