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

uction costs and reasonable profits， and consider the market supply and demand situation， the relationship of price ratio and the tolerance of the community.

　　Article 23 The prices of commodities and services with the characters of monopoly， coercion， public interests and resource protection shall exercise the government-controlled price.

　　Article 24 The procedures for fixing and adjusting the government-controlled price are：

　　（1） The applicant files a written application for fixing or adjusting price to the municipal or district competent department and provides the cost accounting materials used to fix or adjust price；

　　（2） The municipal or district competent department investigates and examines the written application and relevant materials， and solicits opinions from other municipal or district government administrative departments； as to the fixation and adjustment of important government-controlled prices， it shall solicit opinions from the municipal price consultation committee， trade association and social public；

　　（3） The municipal or district competent department shall make written decision for approving or disapproving the fixation or adjustment of price within 90 days from the receipt of the written application， and deliver it to the applicant.

　　As to the price programs fixed or adjusted by the administrative department for price of the municipal government or the State， the applicant shall file an application to municipal competent department according to the first paragraph of this Article. Having made suggestions about fixing or adjusting prices after examination， the municipal competent department shall report to the administrative department for price of the municipal government or the State for decision.

　　Other municipal government administrative departments shall consult the procedures stipulated in the first paragraph of this Article to fix or adjust the price， and the procedures shall be reported to the municipal competent department for record.

　　Article 25 When the regional great natural calamity or emergency results in serious circumstances of rising suddenly

or slump in price， the municipal competent department， with the approval of the municipal government， may temporarily concentrate the powers in pricing， supervise and examine prices of partial commodities and services， make interim ceiling price or take the administrative measures of declaration for raising the price， putting the price adjustment on record， restricting the intermediate and other measures. If necessary， the municipal government， with the decision of the Standing Committee of the Shenzhen Municipal People's Congress， may take the administrative measures of freezing the price partially or totally.

　　Article 26 Other municipal government administrative departments shall obtain the consent of the municipal competent department in advance to make administrative measures involving price administration； If these administrative measures are issued arbitrarily without consent， the municipal competent department may refer them to the municipal government to revoke.

　　Chapter Ⅴ Supervision over and Inspection of Pricing

　　Article 27 The municipal and district competent departments may establish price inspection agency to exercise the powers of supervision and inspection in pricing.

　　Other administrative departments of the municipal and district government shall assist the municipal and district competent department to carry out price supervision and inspection.

　　Article 28 The consumers‘ committee， trade association and other public organizations may supervise the behaviors in pricing.

　　Article 29 Any unit or individual shall have a right to boycott， report or complain the illegal behaviors in pricing. If their legal rights and interests are infringed upon， they have rights to ask for compensation.

　　Article 30 When the municipal or district price inspection agency investigates illegal cases in pricing， it may collect and investigate relevant materials about price. The investigated unit or individual shall reflect conditions and provide materials truly. No unit or individual may hinder or interfere the law enforcement activities of the administrative law enforcement personnel.

　　Article 31 For the illegal behaviors in pricing whose fact is clear， evidence is irrefutable， fine is less than 3，000 yuan， if the party has no disagreement， the price inspection agency may make the punishment on the spot. If making the punishment on the spot， the price inspection agency shall produce the notice of punishment decision on the spot.

　　When the punishment is made on the spot according to the preceding paragraph， the administrative law enforcement personnel of the price inspection agency shall make records on the scene， which shall record the basic conditions of the party， main facts about the malfeasance and content of the punishment， and shall be signed by the administrative law enforcement personnel and the party.

　　Article 32 For other illegal cases in pricing except those punished on the spot according to the preceding paragraph， the price inspection agency shall examine them immediately after discovering them or receiving report. If according with the conditions for filing a case， they shall be placed on file.

　　Article 33 The price inspection agency， when investigating and dealing with the illegal cases in pricing， shall make the settlement decision within 90 days form the date on placing them on file； For the important and complex cases， with an approval of the leading official of the price inspection agency， the period may be extended， but the extended time shall not exceed 90 days.

　　Article 34 With an approval of the leading official of the district or superior price inspection agency， the price inspection agency may decide to seal up or distrain the properties involving the illegal behaviors in pricing. The period of sealing up or distraining is 90 days； under special circumstances， with an approval of the leading official o

f the municipal price inspection agency， it may be extended， but the extended period shall not exceed 90 days.

　　Chapter Ⅵ Legal Responsibilities

　　Article 35 If the operator‘s pricing violates the government-controlled price or the principles and measures for fixing the price enacted by the government， violating the provisions of the first subparagraph of Article 11 of these regulations， he shall be ordered to refund the money collected additionally， be confiscated the illegal gains， and be fined more than 5 times but less than 10 times of the illegal gains by the price inspection agency； If the circumstances are serious， he shall be revoked the Business License by the administrative department of industry and commerce.

　　Article 36 If the operator violates the provisions of the second subparagraph of Article 11 of these regulations， providing false materials about price to relevant government departments， he shall be ordered to supplement and correct them within a specified time， and the personnel directly responsible shall be fined 5，000 yuan by the price inspection agency.

　　Article 37 If the operator violates the provisions of the third subparagraph of Article 11 of these regulations， failing to clearly tap the prices or indicate the government documents of fixing price， he shall be ordered to correct them within a specified time； If the operator fails to correct them within the time limit， the person in charge of the operating unit shall be fined 5，000 yuan.

　　Article 38 If the operator violates the provisions of Article 12 of these regulations， he shall be ordered to stop illegal behaviors， be confiscated the illegal gains and be fined more than 20，000　yuan but less than 100，000 yuan by the price inspection agency.

　　Article 39 For the units and individuals who refuse to pay the fine or forfeiture， with an approval of the leading official of the district or superior price inspection agency， the price inspection agency may inform their deposit bank in written to transfer the deposit according to relevant provisions.

　　Article 40 The administrative law enforcement personnel shall take the responsibility for compensation if they disclose the commercial secrets acquired during exercising the official business and thus cause losses to others.

　　Article 41 If the administrative law enforcement personnel abuse their powers， play favoritism and commit irregularities， the administrative and supervisory department shall impose administrative disciplinary punishments stipulated in laws， regulations or rules to the discipline violators.

　　Article 42 In case the behavior violates these regulations and constitutes a crime， the criminal responsibility shall be prosecuted by the judicial organ.

　　Article 43 The price inspection agency shall exercise functions and powers according to law when it investigates and deals with the violations in pricing； If it abuses its powers and thus damages the operator‘s lawful rights and interests， it shall bear the administrative responsibility for compensation according to law.

　　Article 44 The price inspection agency shall turn over the collected fine and forfeiture fully to the finance according to these regulations.

　　Article 45 If the party doesn‘t accept the administrative coercive measure or the administrative punishment decision made by the district price inspection agency， he shall apply for review to the municipal price inspection agency within 15 days from receipt of the written decision； If the party is not satisfied with the administrative coercive measure or the administrative punishme

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