ORGANIZATIONAL STRUCTURE

People's Republic of China


According to the provision of Article 3 of the Law for Countering Unfair Competition, the administrative authorities for industry and commerce in the People's Governments above the county level shall monitor and investigate acts of monopoly and unfair competition. In respect of those acts which, according to the provisions of other laws and administrative regulations, monitored and investigated by other departments, these provisions shall also be abided by.


The State Administration for Industry and Commerce嚗AIC嚗s a body directly under the State Council in change of market supervision and management as well as administrative execution of industrial and/or commercial laws. Its Minister and 4 Vice Ministers are nominated by the State Council. The SAIC has 13 departments and nearly 500 officials. These 13 departments are General Office, Department of Law, Fair Trade Bureau, Consumer Protection Bureau, Enterprise Registration Bureau, Registration bureau of Foreign-invested Enterprise, Department of Market Regulation, Department of Advertising Regulation, Department of Administration on Private Economy, Department of Personnel and Education, Department of Foreign Affairs, Trademark Office and Trademark Review and Adjudication Board.

The administrative authorities in local governments for industry and commerce are the authorities under their governments in charge of market supervision and administrative enforcement. These authorities include authorities in provincial level, perfection level and county level. These are several administrative offices for industry & commerce sent by each county level authority. The lower level authorities shall accept the guidance and supervision of their high-level authorities. Besides the enforcement of the Law for Countering Unfair Competition, the administrative authorities for industry and commerce are partly in charge of enforcement of Law for the Protection of Consumers Rights and Interests, Advertising Law, Trademark Law, Contract Law, Company law, Partnership Law, Individual Sole Proprietorship Law and relevant administrative regulations.

SAIC established a Fair Trade Bureau on the base of the economic inspection department, in charge of the enforcement of the Law for Countering Unfair Competition and other relevant laws and regulations. The administrative authorities for industry and commerce in local governments also established fair trade departments. The fair trade departments are responsible for investigating and dealing with cases of unfair competition and monopoly occurred in their regions.

Up to October 2000, besides SAIC, there have been 3882 administrative authorities for industry & commerce above county level with 487,300 employees in the whole county. There have been 68,164 employees working in the fair trade departments of the administrative authorities for industry & commerce.


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