Market regulatory agencies in Chinese law is a flexible concept used to describe government agencies that are responsible for maintaining market order, ensuring fair competition, and protecting consumer rights. Their responsibilities include overseeing the lawful business activities of commercial enterprises, monitoring business practices, ensuring compliance with product quality standards, protecting consumer rights, managing market order, and preventing unfair competition between commercial enterprises, with the aim of encouraging sustainable socioeconomic development by creating and maintaining a healthy and competitive market environment. Market regulatory agencies in China now include the National Administration for Market Regulation, provincial and municipal market regulatory agencies, and county and district market regulatory agencies. As of this writing, they are also responsible for the formation or incorporation of business entities.
Market regulatory agencies implement statutory law to achieve oversight of the registration of commercial enterprises, compliance with market access and exit systems, reviewing and approving business activities, and overall market measurement and supervision administration. They also regulate business practices, product quality safety, and labeling in order to protect human rights. In contrast to North American systems, they also serve as consumer rights protection agencies, investigating and penalizing fraud, false advertising, deceptive pricing, and other deceptive trade practices.
Further Reading
See our comprehensive resources on China’s Foreign Investment Law. and an overview of FDI regulation in our Foreign Investment Law FAQ.
Examples
Sections 37-39 of the Administrative Regulations to Implement the Foreign Investment Act of the People’s Republic of China assign regulatory responsibility broadly to market regulatory agencies and any other appropriate agencies.
Translation Reference
See page on 市场监督管理部门