Article 1 These
Regulations are enacted pursuant to the Hainan Free Trade Port Law of
the People’s Republic of China, Anti-Unfair Competition Law of the
People’s Republic of China, Anti-Monopoly Law of the People’s Republic
of China, and other applicable laws and regulations, and based on the
actual circumstances of Hainan Free Trade Port to expedite the development
of a high-end Hainan Free Trade Port, improving and protecting fair
competition, and protecting the legal rights of business operators and
consumers alike.
accepted rules, improving the basic fundamental status of competition
policy,protecting legal rights for all kinds of market entities equally
pursuant to law, and developing a standardized and orderly competitive
open market system.
participation in market competition, expansion of business scale and
improved market competitiveness in accordance with the law.
operators shall abide by laws, regulations, and business ethics, follow
the principles of honesty, trustworthiness, and fair competition,
fulfill safety, quality, employee and consumer rights protection
statutory obligations, and ecological environment protection, and abide
by international trade practices when conducting business
internationally.
shall be responsible for fair competition oversight and administration
within their respective administrative areas, investigate and penalize
acts that impair fair competition, provide ex ante guidance on
commercial competition for operators pursuant to law, and conduct fair
competition awareness to the extent of their duties.
development and reform, commerce, and other people’s government
agencies at or above the county level shall effectively conduct fair
competition oversight and administration work subject to their duties.
conduct joint and specific law enforcement against activities that
affect fair competition governance, and coordinating and encouraging the
investigation and resolution of major and complicated cases across
areas or agencies;
of fair competition laws, regulations, and policies to explain and
answer questions and respond to public concerns; and
co-governance system, develop a fair competition culture, and encourage
and guide business operators to establish competition compliance
programs.
associations and other business operator organizations shall improve
self-discipline, announce competition policies, guide and train business
operators, guide and standardize lawful competition among business
operators, and maintain the market fair competition order. Consumer
organizations shall strive to improve their awareness and capacity to
defend their rights and improve social oversight over actions that may
impair fair competition.
modern information technologies such as the Internet, big data, and
blockchain to implement smart oversight, identify acts of illegal
competition, identify and warn of market operation risks that may affect
fair competition, improve oversight efficiency, and prevent and curb
unfair competition and monopolies.
competition policy creation, law enforcement coordination,
communication and training,education and awareness, and competition
culture improvement.
Article 10 The people’s government at or above the county level and the appropriate agencies
shall establish and improve the reporting system and the incentive and
protection systems for whistleblowers, clear the reporting channels, and
encourage, support, and protect all entities and individuals to
lawfully conduct social oversight on acts that impair fair competition.
Government agencies and their employees shall not support or cover up acts that may impair fair competition.
When issuing policies and actions closely related to economic
activities of market entities, the people’s government at or above the
county level and appropriate agencies shall respect the market economy
rules, minimize the direct allocation of market resources, and direct
intervention in market activities by the government, encourage the free
and unrestricted flow of merchandise and factors, and take full
advantage of the market’s decisive role in resource allocation.
The people’s government at or above the county level and appropriate
agencies shall encourage the transformation of industrial policies to
generalization and functionality, improve the support for technological
innovation and structural upgrades, and optimize coordination between
industrial and competition policies.
people’s government at or above the county level and appropriate
agencies should abide by the competition policies as the basis when
issuing industrial policies, coordinate industrial policies,
and other economic policies together, and take full advantage of the
mutual improvement of different high-end economic development policies,
optimize industrial competitiveness, and gather global high-quality
production factors.
The government and appropriate agencies shall treat different market
entities equally pursuant to law and ensure that different market
entities enjoy equal treatment in access permissions, business operations, factor acquisition, standards issuance, and preferential policies.
government and appropriate agencies shall not issue policies and
actions that may infringe upon market entities’ legal rights or increase
their obligations without basing such on laws, regulations, or State
Council decisions and orders. Such government and appropriate agencies
shall not abuse their administrative powers to issue policies and
actions that exclude or restrict competition.
encourage the reform of natural monopoly industries, open up businesses
for competition, expedite the commercialization of areas open to
competition, and improve the oversight of natural monopoly industries
and monopolized portions.
(special actions) and the Foreign Investment Negative List. All market
entities may enter and compete equally in all sectors other than those
specified in the Negative List pursuant to law.
Hainan Free Trade Port shall implement a negative list management
system for crossborder service transactions. Domestic and foreign
service providers may participate and compete equally in all sectors
other than those provided by the negative list pursuant to law.
Article 16 The Hainan Free Trade Port shall support the lawful, innovative, and sound development
of the digital economy, regulate unfair competition and monopolies in
new business areas such as platform and shared economies, and protect
fair competition in the market.
Article 17 The administrative agencies and organizations authorized to manage public affairs pursuant to law shall implement the principle of fair competition and conduct fair competition
reviews pursuant to provisions of the state and this Province when drafting local regulations,
government rules, regulatory standards, other policy documents, and specific policies and ad hoc
actions involving market access and withdrawal, industrial development, investment attraction,
bidding, government procurement, business practice standards, qualification standards, and other
economic activities of market entities.
Local regulations, government rules, and draft administrative normative documents
concerning economic activities issued on behalf of the government shall not be submitted to the
government for deliberation without a fair competition review. A fair competition review from
the administration for market regulation at the same level must also be obtained before such
regulations, rules, or regulatory standard drafts are submitted for deliberation.
standardized market and fair competition pursuant to law after the implementation of local
regulations, government rules, regulatory standards, other policy documents, and specific
policies, or ad hoc actions relating to economic activities of market entities. Any such regulations,
government rules, regulatory standards, other policy documents, specific policies, or ad hoc
actions deemed to impair the market regularization and fair competition by the evaluation shall
be promptly revoked or revised.
evaluation in accordance with applicable law when conducting a fair competition review.
Article 20 The people’s government at or above the county level shall include a fair
competition review when assessing and evaluating the business environment, law-based
governance, and other systems.
The people’s government at or above the county level shall implement an internal review
plan for policies and actions, focus on policies and actions for industries and sectors which often
receive complaints, have extensive problems, or abuse administrative authority to preclude or
restrict competition from market entities. The results of the internal review shall be publicly
announced in due course pursuant to law. Any entity found to exclude or restrict competition
in the internal reviews shall promptly make the appropriate corrections, and those who fail
to promptly make such corrections or fail to meet correction requirements shall be penalized
pursuant to law.
acts that disturb the order of market competition and infringe upon the rights of other operators or
consumers as provided by laws and regulations:
services provided by another business operator or have a particular connection with another
operator;
means;
directly or indirectly assisting other business operators to create
false or misleading commercial advertising materials for goods and
services to deceive and misinform
consumers;
product reputation;
the regular operation of networked products or services legally provided by other operators;
or
rights of other operators or consumers.
monopolistic practices as provided by law:
counterparties, or the industry association coordinates the operators in the same industry to enter
into monopoly agreements;
restrict competition; or
regulations to manage public matters shall not abuse their administrative power to exclude or
restrict competition as follows:
or services provided by designated operators;
rights grants, construction projects, real estate development, fnancing, procurement, and other
economic activities; excluding or restricting foreign business operators from investing or setting
up local ofces;
law;
and specific policies and ad hoc actions involving economic activities of market entities and
excluding and restricting competition; or
(f) other acts involving the abuse of administrative power to exclude or restrict competition.
county level and the appropriate agencies shall abide by laws and regulations and agency
responsibilities when performing their oversight responsibilities and investigating acts suspected
of impairing fair competition.
the appropriate agencies shall promptly resolve any reports of acts suspected of impairing fair
competition made in writing and supported by appropriate documentation and information.
administrative normative documents, other policy documents, and specific ad hoc policies or
actions issued have not gone through fair competition review or violate the review standards
may submit a report to the issuing agency, request review, or offer review recommendations to
the filing and review agency, or report to a higher level of the issuing agency and the market
regulation agency. The appropriate agencies shall promptly manage such and the issuing agency
shall promptly correct and announce such pursuant to law if the appropriate agencies confirm
that the issuance of such have not gone through fair competition review or violate the review
standards. Anyone suspected of violating the Anti-Monopoly Law of the People’s Republic of
China shall be investigated by anti-monopoly law enforcement agencies pursuant to law.
competition, they may request review or offer review recommendations to the fling and review
agency pursuant to law.
the county level and the appropriate agencies shall, ensure the investigated operators’ and
stakeholders’ rights to representation and defense during the investigation, and complete the
investigation within the time limit provided by laws and regulations; the investigation shall be
completed within a reasonable time limit where the law does not provide a time limit for the
investigation.
the appropriate agencies may issue warnings to the operators and recommend corrections during
the investigation through interviews and other methods pursuant to law.
county level and the appropriate agencies may take the following actions in accordance with the
regulations when investigating acts suspected of impeding fair competition:
competition;
them to provide information or other materials related to the acts being investigated;
business correspondence, and other materials related to the acts suspected of impairing fair
competition;
or
the county level and the appropriate agencies require assistance from public security agencies
when investigating acts suspected of impairing fair competition, the public security agency shall
cooperate pursuant to law.
operators, stakeholders, and other entities and individuals shall not refuse or impede the law
enforcement agencies in their investigation.
Article 29 Where the supervisor commission, people’s courts, people’s procuratorates,
and administrative law enforcement agencies find evidence of acts suspected of impairing fair
competition when managing cases, they may hand over such evidence to the market regulation
agency of the people’s government at or above the county level and the appropriate agencies.
The market regulation agency of the people’s government at or above the county level and the
appropriate agencies shall manage such pursuant to law.
to manage public affairs or their employees who abuse of position,
commit dereliction of duty, or play favoritism and commit irregularities
in the oversight and administration of fair competition shall be penalized pursuant to law. Those committing crimes shall be held criminally liable pursuant to law.
administrate public affairs abuse their administrative power and commit
acts that exclude or restrict competition shall be ordered to make
corrections by their higher-level agencies, and the person directly in
charge and other directly liable employees shall be penalized pursuant
to law.
market regulation agency of the people’s government at or above the
county level may submit penalty recommendations to the appropriate
higher-level agency pursuant to law.
acts impairing fair competition infringe upon the legal rights of many
consumers, the authorities and appropriate organizations as provided by
law may file public interest litigation in the people’s court pursuant to law, and the market regulation agencies at all levels shall provide support pursuant to law.
information system pursuant to applicable regulations and announced
pursuant to law; those entities and individuals on the list of
untrustworthy entities shall be penalized by the appropriate agencies pursuant to law.
Article 34 Where other laws and regulations provide penalties for violations of these Regulations
not provided in these Regulations, or provide more severe penalties
than these Regulations, such laws and regulations shall control.