中华人民共和国价格法 PRICE LAW OF THE PEOPLES REPUBLIC OF CHINA

(Adopted at the 29th Meeting of the Standing Committee of the Eighth National People's Congress on December 29, 1997 and promulgated by Order No. 92 of the President of the People's Republic of China)
颁布日期：19971229 　实施日期：19980501 　颁布单位：全国人大常委会

　　Contents

　　Chapter I General Provisions

　　Chapter II Price Act of the Operator

　　Chapter III Pricing Act of the Government

　　Chapter IV Regulation and Control of Overall Price Level

　　Chapter V Supervision and Inspection over Price

　　Chapter VI Legal Liability

　　Chapter VII Supplementary Provisions

　　Chapter I General Provisions

　　Article 1 This Law is enacted with a view to standardizing the price acts, giving play to the role of price in the rational allocation of resources, stabilizing the overall price level of the market, protecting the lawful rights and interests of the consumers and operators and promoting the sound development of the socialist market economy.

　　Article 2 This Law shall be applicable to price acts taking place within the territory of the People's Republic of China.

　　The prices referred to in this Law include the prices of commodities and the prices of services.

　　The prices of commodities mean the prices of all kinds of visible products and invisible assets. The prices of services mean collection of fees for all kinds of paid-for services.

　　Article 3 The State practises and gradually perfects the price mechanism shaped mainly by the market under macroeconomic regulation and control. Determination of prices shall be in line with the law of value, prices of most commodities and services shall be the market-regulated prices and prices of an extremely small number of commodities and services shall be the government-guided prices or the government-set prices.

　　Market-regulated prices mean those prices determined autonomously by the operators and formed through market competition.

　　The operators referred to in this Law mean the legal persons, other organizations or individuals engaging in the production and management of commodities or provision of paid services.

　　Government-guided prices mean those prices determined to guide the operators by the competent departments of price of the government or other departments concerned, the baseline prices and their range of fluctuations in accordance with the pricing authority and scope in pursuance of the provisions of this Law.

　　Government-set prices mean those prices determined by the competent departments of price of the government or other departments concerned in accordance with the pricing authority and scope in pursuance of the provisions of this Law.

　　Article 4 The State supports and promotes fair, open and lawful market competition, maintains normal price order and carries out administration, supervision and necessary regulation and control over price activities.

　　Article 5 The competent department of price under the State Council shall be uniformly responsible for the work related to prices nation wide. Other departments concerned under the State Council shall be responsible for the work related to prices concerned within their respective functions, responsibilities and scope.

　　The competent departments of price under local people's governments at or above the county level shall be responsible for the work related to prices within their respective administrative areas. Other departments concerned under local people's governments at or above the county level shall be responsible for the work related to prices concerned within their respective functions and responsibilities.

　　Chapter II Price Acts of the Operators

　　Article 6 Market regulated prices shall be practised and determined autonomously by the operators in pursuance of this Law for commodity prices and services prices except those to which go

vernment-guided prices and government-set prices shall apply pursuant to the provisions of Article 18 of this Law.

　　Article 7 The operators shall, in determining prices, abide by the principle of fairness, being in conformity with law, honesty and credibility.

　　Article 8 Production and management costs and market supply and demand situation shall be the fundamental basis for the determination of prices by the operators.

　　Article 9 The operators shall exert efforts to improve the administration of production and management, reduce the cost of production and management, provide commodities and services for the consumers at reasonable prices and gain lawful profits in market competition.

　　Article 10 The operators shall, in accordance with their management conditions, establish and perfect internal price control system, accurately record and verify the production and management costs of commodities and services and must not indulge in fraudulent practices.

　　Article 11 The operators have the following rights in the conduct of price activities:

　　(1)autonomous determination of prices under market regulation;

　　(2)determination of prices within the range prescribed by government guided prices;

　　(3)determination of prices for trial sale of new products within the scope of products of government-guided prices and government-set prices with the exception of specific products; and

　　(4)report or filing a charge against acts infringing on his/her right of autonomous determination of prices in accordance with law.

　　Article 12 The operators shall, in conducting price activities, abide by laws and regulations, and observe the intervention measures and emergency measures of government-guided prices, government-set prices and legal prices determined in accordance with law.

　　Article 13 The operators shall, in selling, procuring commodities and providing services, display the clearly marked price in accordance with the provisions of the competent departments of price of the government, annotate relevant information such as the name, place of manufacture, specifications, grade, unit of price calculation and price of a commodity or the services item and rates.

　　The operators shall not sell commodities with additional price besides the marked price and shall not collect any fee not indicated.

　　Article 14 The operators shall not commit the following unfair price acts:

　　(1)manipulation of market price in collusion to the detriment of the lawful rights and interests of other operators or consumers;

　　(2)dumping at the lower-than-the-cost price and disrupting the normal production and management order to the;

　　(2)dumping at the lower-than-the-cost price and disrupting the normal production and management order to the detriment of national interests or the lawful rights and interests of other operators for the purpose of squeezing out other competitors or of sole occupancy of the market in addition to the disposal of such commodities as fresh and living commodities, seasonal commodities and overstocked commodites at reduced prices in accordance with law;

　　(3)concoction and spreading of price-hike information, jacking up prices and pushing up over rise in commodities prices;

　　(4)luring consumers or other operators to conclude transactions with it by employing falsified or misleading price means;

　　(5)practising price discrimination towards other operators with identical trading conditions in providing identical commodities or services;

　　(6)procuring, selling commodities or providing services at prices raised or reduced in disguised form by adopting such means as raising or lowering the grade;

　　(7)seeking exorbitant profits in violation of the provisions of laws and regulations; and

　　(8)other unfair price acts prohibited by laws and administrative regulations.

　　Article 15 All types of intermediate agencies shall abide by the provisions of this Law in the collection of fees in providing paid-for services. Where laws have other provisions, the relevant provisions shall be observed.

　　Article 16 The operators shall abide by the relevant provisions of this Chapter and maintain the order of the domestic market in selling import commodities and procuring export commodities.

　　Article 17 Industries organizations shall abide by price laws, regulations and strengthen price self-discipline and accept the guidance in the work by the competent departments of price of the government.

　　Chapter III The Government's Pricing Act

　　Article 18 The government may enforce government-guided prices or government-set prices when necessary for the prices of the following commodities and services:

　　(1)the prices of an extremely small number of commodites vital for the development of the national economy and people's life;

　　(2)the prices of a small number of commodities the resources of which are rare or short;

　　(3)the prices of commodities under natural monopoly management;

　　(4)the prices of essential public utilities; and

　　(5)the prices of essential non-profit services.

　　Article 19 The pricing catalogs of the Central Government and local governments shall be the basis for the pricing authority and specific applicable scope of government-guided prices and government-set prices.

　　The Central Pricing Catalog shall be compiled and revised by the competent department of price under the State Council and published upon approval of the State Council after submission.

　　Local Pricing Catalogs shall be compiled by the competent departments of price of peo

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