Ministry of Commerce, new regulations: retailers, suppliers determine Right and
"We finally Panlai the spring!" November 24, retailers, suppliers China Chamber of Commerce Deputy Director of Professional Committee of class Sports tone full of joy. He expressed the Ministry of Commerce is drafting a "retailer promotion behavior management approach", "Retailers and suppliers purchase transaction management approach" to his feelings of the two draft.
In the Ministry of Commerce website, the two "measures" draft has become popular hits. October 30 -11 20 month period for comments from around the business, industrial, commercial, retail, supply, industry associations and experts in the message nearly 200. Department of Market System Development told reporters: "There were some suggestions by e-mail and fax sent, we are stepping up a summary as soon as possible" measures "revise and improve, and discussions and consultations with the departments concerned."
Limited account of early warning risk
11 24, involved in the drafting of the draft Basic Law, China People's University Professor Huang Guoxiong told reporters: "Although we have before," Contract Law "," Anti-Unfair Competition Law "and many other laws, but did not specifically retailers and suppliers of specialized law or regulation, these two "measures" from the reality of zero supply relationship, not only defined the relationship and can resolve their conflicts and needs urgent problems. "
"Retail sales behavior management approach (draft)" a total of 32, mainly for retailers to attract customers, expand sales and marketing activities to carry out a variety of specifications, which focus on the content of promotional activities, price particularly Fanquan way, services, deliveries and other aspects of the security specified.
Contrast, "Retailers and suppliers purchase transaction management approach (draft)" is more cause for concern. The "measures" total 37, mainly for retailers and suppliers in China engaged in purchase transactions were the norm, which clearly supplier of goods to retailers, the two sides should enter into the contract, expressly agreed the variety of goods, quantity, quality, price and more. Meanwhile, retailers can not charge marketing fees and charges also made provision.
"Measures" have a clear limit on Reconciliation.
Article 25 provides that goods sold by retailers to purchase and sale, and on days with suppliers for goods shall be paid within 10 days after receiving payment; fast moving consumer goods, shall pay the purchase price within 45 days after receipt; other commodities, the two sides may agree to pay loan period to pay period but not longer than 75 days after receipt; both sides agreed period for payment of money of unknown, retailers should be within 45 days after receiving payment of money to suppliers.
The "measures" put forward some new ideas and refreshing. For example, section 4, business department in conjunction with relevant departments to establish a risk warning mechanism, suppliers to retailers unfair trade practices to implement dynamic monitoring, timely preventive measures.
According to report, Cooperative Association of Commerce and some experts, the risk of early-warning group has been set up specifically to study the risk of early-warning mechanism specific programs.
Hunan Backgammon King Commercial Chain Co., Ltd., fill that is necessary to establish the risk of early-warning mechanisms, but also regularly publish a blacklist of the operators in question, warning and regulating role to play to strengthen the integrity of the industry system.
Of the two "measures" the introduction of the time, Professor Huang Guoxiong that because many differences are not uniform in the draft, such as punishment regulations, accounts of time, payment default boundaries are being adjusted, " approach "is also still in consultation stage and need to be studied on a variety of views, together with relevant departments to consult the legal department in particular, to make it more mature sound to be introduced again, or prone to misunderstanding.
His view, the Ministry of Commerce is not a law enforcement agency, the specific operation will also need to meet the various departments, especially with primary law enforcement. Therefore, all sectors must be based on the comments in order to better implement.
"Malicious waste to escape" an urgent need to contain
Two "measures" put its own deep background.
According to incomplete statistics, nearly a year and a half, at least 150 in China supermarket chain collapse, a major cause is owed, money spent to escape supplier. This phenomenon more recently become worse. According to reports, since June this year, 4 months, there is only one place Taiyuan four more influential retailers?? Tin Forest, Kaiyuan and prosperity, open Temple Shopping Centre, Tang Rende supermarkets have closed down, the total area of the supermarket which Tang Rende only a few thousand square meters actually owed hundreds of suppliers 89 million loan, the victim is still missing.
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