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上海市多层次传销管理暂行办法(修正)

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上海市多层次传销管理暂行办法(修正)

上海市人民政府


上海市多层次传销管理暂行办法(修正)
上海市人民政府


(1994年8月15日上海市人民政府发布根据1997年12月19日上海市人民政府第54号令修正并重新发布 2001年1月9日发布的上海市人民政府令第95号将本文废止)


第一条 (制定目的和依据)
为了规范多层次传销活动,制止利用多层次传销方式从事违法经营,保护消费者的合法权益,维护社会主义市场经济的秩序,根据《中华人民共和国反不正当竞争法》、《中华人民共和国消费者权益保护法》、《中华人民共和国产品质量法》和《中华人民共和国企业法人登记管理条例
》等法律、法规的规定,结合本市实际情况,制定本办法。
第二条 (多层次传销含义)
本办法所称的多层次传销,是指经依法批准从事多层次传销的企业(以下简称传销企业),通过发展多层次的从事传销活动的个人(以下简称传销员),将商品销售到消费者手中的一种直销方式。
第三条 (适用范围)
凡在本市从事多层次传销活动的企业和传销员,必须遵守本办法。
第四条 (传销企业的资格)
从事多层次传销的企业,须具有企业法人资格,并应当在从事多层次传销前向市工商行政管理机关提出书面申请。经批准后,方可从事多层次传销活动。
申请从事多层次传销应当提交下列材料:
(一)申请书;
(二)企业法人营业执照副本;
(三)多层次传销具体运作的计划或者方案,包括开展多层次传销的日期,销售的商品品种、牌号、质量、价格,参加多层次传销人员的条件和手续,拟与传销员签订协议的样本,对传销员进行培训的方式,传销企业和传销员解除协议后商品和报酬的处理办法等;
(四)市工商行政管理机关认为需要提交的其他材料。
市工商行政管理机关应当在接到书面申请之日起30日内,作出审批决定。
第五条 (终止传销)
传销企业终止多层次传销活动的,须向市工商行政管理机关办理终止手续。
第六条 (传销员的资格)
有本市常住户口的下列人员,企业可接受其从事多层次传销:
(一)失业人员;
(二)企业富余的待岗人员;
(三)离、退休人员和其他非在职人员。
以上人员须经传销企业培训取得传销员证后,方可从事传销活动。
任何个人不得自行推广多层次传销或者吸收他人参加多层次传销活动。
传销企业开展传销培训,不得收取培训费。
第七条 (告知传销员的事项)
传销企业应当向从事多层次传销活动的人员如实告知下列事项:
(一)申请成为传销员的条件;
(二)传销企业的经营状况;
(三)多层次传销的运作方式;
(四)销售的商品质量、性能、价格、用途等;
(五)销售商品时发生纠纷的处理方式;
(六)退出多层次传销的手续;
(七)退回商品的处理办法。
第八条 (签订协议)
传销企业应当与传销员签订书面协议,协议的内容应当包括本办法第七条第三项至第七项所列事项。
第九条 (禁止事项)
传销企业不得以要求从事多层次传销的人员认购商品或者交付定金作为成为传销员的条件。
第十条 (收取押金)
传销企业将商品交给传销员传销,可向传销员收取押金,待商品销售后结帐。押金比例由传销企业与传销员商定,但最高不得超过商品成本价的50%。
第十一条 (禁止传销的商品)
传销企业不得传销下列商品:
(一)国家禁止或者限制自由买卖的商品;
(二)家用电器;
(三)鲜活水产品、食品及药品;
(四)金银珠宝、钻石饰品;
(五)市工商行政管理机关公布的其他不得传销的商品。
第十二条 (传销商品价格的确定)
传销企业传销的商品价格,国家有定价的,必须遵守国家规定;需报经批准定价的,必须经主管部门批准;企业自行定价的商品,不得明显高于同类商品的市场价格。
第十三条 (退出多层次传销)
传销员退出多层次传销,应当提前通知传销企业,并按协议办理退出手续,退还传销员证。
传销企业不得拒绝传销员退回的剩余商品,不得克扣应退回的押金。
第十四条 (赔偿商品损失)
因传销员责任造成退回的剩余商品损坏或者应当退回的剩余商品灭失的,传销员应当赔偿给传销企业合理的费用。
第十五条 (销售责任)
传销企业应当对传销员销售商品的质量负责,对销售的商品应当遵照国家有关法律、法规的规定承担民事责任。
传销员在传销活动中必须向消费者出示传销员证件。消费者有权要求传销员出示传销员证件。
第十六条 (资料的保存)
传销企业应当对多层次传销情况作好记录,并保存下列各项资料:
(一)商品购销的原始凭证、帐簿记录、银行票据,运输、贮存发生的费用单据以及商品定价核算单;
(二)传销员的培训情况及发生费用的资料;
(三)传销员的人数、姓名、身份证明、工作单位、家庭住址;
(四)与传销员签订的协议书;
(五)发给传销员报酬的凭证;
(六)其他与多层次传销有关的资料。
前款所列资料,传销企业应当至少保存5年。
第十七条 (依法纳税)
传销企业必须依法纳税。
传销员因传销活动所得的个人收入,由传销企业代扣个人收入所得税。
第十八条 (违法处理)
传销企业有下列行为之一的,由工商行政管理机关责令改正,给予警告,并可处以3万元以下的罚款:
(一)隐瞒、谎报本办法第四条第二款规定事项构成违法传销的;
(二)以认购商品或者支付定金为条件聘用传销员的;
(三)未按本办法第十六条规定保存有关资料的。
第十九条 (其他管理部门职责)
传销企业违反物价、税收、质量、卫生等方面的法律、法规和规章的,由物价、税收、技术监督、卫生等行政管理部门依法在各自的职责范围内依法处理;违法行为情节较重的,可提请工商行政管理机关责令其停止多层次传销。
第二十条 (民事责任和刑事责任)
传销企业与传销员发生经济纠纷的,按民事法律规定处理。
违反本办法,情节严重构成犯罪的,依法追究当事人的刑事责任。
第二十一条 (行政复议和诉讼)
当事人对具体行政行为不服的,可按《行政复议条例》和《中华人民共和国行政诉讼法》的规定申请复议,或者向人民法院提起诉讼。
第二十二条 (应用解释机关)
本办法的具体应用问题,由上海市工商行政管理局负责解释。
第二十三条 (实施日期)
本办法自发布之日起施行。



1994年8月15日
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MERCHANT SHIPPING (LIABILITY AND COMPENSATION FOR OIL POLLUTION) ORDINANCE ——附加英文版

Hong Kong


MERCHANT SHIPPING (LIABILITY AND COMPENSATION FOR OIL POLLUTION) ORDINANCE
 (CHAPTER 414)
 ARRANGEMENT OF SECTIONS
  
  ion
  
  I    PRELIMINARY
  hort title
  nterpretation
  ertificate as to parties to Conventions
  alculation of tonnage
  
  II    LIABILITY FOR OIL POLLUTION AND COMPULSORY INSURANCE
  nterpretation of Part II
  iability for oil pollution
  xceptions from liability under section 6
  estriction of liability for oil pollution
  imitation of liability under section 6
  Limitation actions
  Restriction on enforcement of claims after establishment of
limitation
  fund
  Concurrent liabilities of owners and others
  Establishment of limitation fund outside Hong Kong
  Extinguishment of claims under Part II
  Compulsory insurance against liability for oil pollution
  Issue of certificate by Director
  Rights of third parties against insurers
  Jurisdiction of Hong Kong courts and registration of foreign
judgments
  Warships, etc.
  Liability for cost of preventive measures where section 6 does
not
  apply
  Saving for recourse actions
  
  III   THE INTERNATIONAL OIL POLLUTION COMPENSATION FUND
  Interpretation of Part III
  Contributions to the Fund
  Power to obtain information
  Liability of the Fund for pollution damage
  Indemnification of ship owner where ship registered in Fund
Convention
  country
  Effect of judgments
  Extinguishment of claims under Part III
  Subrogation and rights of recourse
  
  IV    MISCELLANEOUS
  Offences by bodies corporate
  Fees
  Amendments, Savings and Repeals
  
  dule 1. Overall limit on liability of Fund
  dule 2. (Omitted)
  
  rdinance to provide for compensation for pollution caused 
by the
  harge or escape of oil from oil-carrying ships and for the 
liability
  hipowners; for compulsory insurance in respect of such liability; 
for
  ributions by oil importers and others to the International 
Fund for
  ensation for Oil Pollution Damage; for the liability of the 
Fund in
  ain circumstances for such pollution; for the 
indemnification of
  owners by the Fund; and for incidental or related matters.
  January 1991] L. N. 13 of 1991
 PART I Preliminary
  
  hort title
  Ordinance may be cited as the Merchant Shipping 
(Liability and
  ensation for Oil Pollution) Ordinance.
  nterpretation
  In this Ordinance, unless the context otherwise requires--
  t" includes expenses;
  ntry" includes any territory;
  rt" means the High Court or a judge thereof;
  age" includes loss;
  ector" means the Director of Marine;
  d Convention" means the International Convention on the 
establishment
  n International Fund for Compensation for Oil Pollution Damage 
opened
  signature in Brussels on 18 December 1971;
  g Kong ship" means a ship registered in Hong Kong;
  bility Convention" means the International Convention 
on  Civil
  ility for Oil Pollution Damage opened for signature in Brussels
on 29
  mber 1969;
  er", in relation to a ship, means the person or persons registered 
as
  owner of the ship or, in the absence of registration, the 
person or
  ons owning the ship, except that in relation to a ship owned 
by a
  e which is operated by a person registered as the ship's operator, 
it
  s the person registered as its operator; (Amended 74 of 1990 s.
104
  
  lution damage" means damage caused outside a ship carrying 
oil by
  amination resulting from the discharge or escape of oil from the
ship,
  ever the discharge or escape may occur, and includes the 
cost of
  entive measures and damage caused by preventive measures;
  ventive measures" means any reasonable measures taken by any 
person
  r a discharge or escape of oil from a ship to prevent or 
reduce
  ution damage;
  p" means any sea-going vessel or seaborne craft of 
any  type
  soever, carrying oil in bulk as cargo;
  cial drawing rights" means units of account used by the 
International
  tary Fund and known as special drawing rights;
  minal installation" means any site for the storage of oil in 
bulk
  h is capable of receiving oil from waterborne 
transportation,
  uding any facility situated offshore and linked to any such site.
  For the purposes of this Ordinance, where more than one 
discharge or
  pe results from the same occurrence or from a series of 
occurrences
  ng the same origin, they shall be treated as one; but any 
measures
  n after the first of them shall be deemed to have been taken after
the
  harge or escape.
  References in this Ordinance to the area of any country include 
the
  itorial sea of that country.
  
  ertificate as to parties to Conventions
  rtificate signed by the Governor and certifying that a State
specified
  he certificate--
  is a party to the Liability Convention in respect of a 
country
  ified in the certificate; or
  is a party to the Fund Convention in respect of a country specified
in
  certificate,
  l be conclusive evidence of the matters contained therein and
shall in
  legal proceedings under this Ordinance to which it 
relates be
  ssible on its production and without further proof.
  alculation of tonnage
  the purposes of this Ordinance, the tonnage of a ship 
shall be
  rtained as follows--
  where the register tonnage of the ship has been or can be 
ascertained
  ccordance with the Merchant Shipping (Tonnage) Regulations 
(App. I,
  , the ship's tonnage shall be the register tonnage of the ship 
as so
  rtained but without making any deduction required by those
regulations
  ny tonnage allowance for propelling machinery space;
  where the ship is of a class or description with respect to which 
no
  ision is for the time being made by the Merchant Shipping 
(Tonnage)
  lations, the tonnage of the ship shall be taken to be 40% 
of the
  ht (expressed in tons of 2 240 lbs) of oil which the ship is 
capable
  arrying;
  where the tonnage of the ship can not be ascertained in 
accordance
  either paragraph (a) or (b), the Director shall, if so directed 
by
  court in any proceedings, certify what, on the evidence 
specified in
  direction, would in his opinion be the tonnage of the 
ship as
  rtained in accordance with paragraph (a) or (b), as the case may 
be,
  he ship could be duly measured for the purpose; and the tonnage
stated
  is certificate shall be taken to be the tonnage of the ship.
 PART II LIABILITY FOR OIL POLLUTION AND COMPULSORY INSURANCE
  
  nterpretation of Part II
  In this Part--
  bility Convention country" means a country in respect of 
which the
  ility Convention is in force; and
  bility Convention State" means a State which is a party 
to the
  ility Convention.
  In relation to any pollution damage resulting from the 
discharge or
  pe of any oil carried in a ship references in this Part to the 
owner
  he ship are references to the owner at the time of the 
occurrence
  lting in the discharge or escape or, if there is more than one 
such
  rrence, at the time of the first of such occurrences.
  References in this Part to the Merchant Shipping Act 1979 (1979
c. 39
  .) are references to that Act as it applies in Hong Kong.
  
  iability for oil pollution
  Where, as a result of any occurrence taking place while a 
ship is
  ying a cargo of persistent oil in bulk, any persistent oil carried 
by
  ship (whether as part of the cargo or otherwise) is 
discharged or
  pes from the ship, the owner of the ship shall be liable, except 
as
  rwise provided by this Ordinance, for any pollution damage 
caused in
  Kong.
  Where--
  a liability arises under subsection (1); and
  the discharge or escape by reason of which the liability arose 
also
  lts in pollution damage in the area of a Liability Convention 
country
  r than Hong Kong, the owner of the ship concerned shall also be
liable
  r subsection (1) for that damage as if the damage had occurred
in Hong
  .
  Where persistent oil is discharged or escapes from 2 or more 
ships
  -
  a liability is incurred under this section by the owner of 
each of
  ; but
  the pollution damage for which each of the owners would, apart 
from
  subsection, be liable cannot reasonably be separated from that 
for
  h the other or others would be liable,
  of the owners shall be liable, jointly with the other or others, 
for
  whole of that damage for which the owners together would be 
liable
  r this section.
  Section 21 of the Law Amendment and Reform (Consolidation)
Ordinance
  . 23) shall apply in relation to any pollution damage for 
which a
  on is liable under this section, but which is not due to his fault,
as
  t were due to his fault.
  xceptions from liability under section 6
  owner of a ship from which persistent oil has been discharged or 
has
  ped shall not incur any liability under section 6 if he proves 
that
  discharge or escape--
  resulted from an act of war, hostilities, civil war, 
insurrection or
  xceptional, inevitable and irresistible natural phenomenon; or
  was due wholly to anything done or left undone by another person, 
not
  g a servant or agent of the owner, with intent to do damage; or
  was due wholly to the negligence or wrongful act of a 
government or
  r authority in exercising its function of maintaining lights or 
other
  gational aids for the maintenance of which it was responsible.
  estriction of liability for oil pollution
  e, as a result of any occurrence taking place while a ship is
carrying
  rgo of persistent oil in bulk, any persistent oil carried by the
ship
  ther as part of the cargo or otherwise) is discharged or escapes
then,
  her or not the owner incurs a liability under section 6,--
  he shall not be liable otherwise than under that section for any 
such
  ution damage as is mentioned therein; and
  no servant or agent of the owner and no person performing 
salvage
  ations with the agreement of the owner shall be liable for any 
such
  ge.
  
  imitation of liability under section 6
  e the owner of a ship incurs a liability under section 6 by reason 
of
  scharge or escape which occurred without his actual fault or 
privity,
  ay limit that liability in accordance with this Ordinance, and 
if he
  so his liability (that is to say, the aggregate of his 
liabilities
  r section 6 resulting from the discharge or escape) shall not
exceed--
  133 special drawing rights for each ton of the ship's tonnage;
or
  14,000,000 special drawing rights, whichever amount is the less.
  
  Limitation actions
  Where the owner of a ship has or is alleged to have 
incurred a
  ility under section 6 he may apply to the court in accordance 
with
  s of court for the limitation of that liability to 
an amount
  rmined in accordance with section 9.
  If on such an application the court finds that the 
applicant has
  rred such a liability and is entitled to limit it, the court 
shall
  rmine the limit of the liability and direct payment into court
of the
  nt of that limit, and shall then
  determine the amounts that would, apart from the limit, be 
due in
  ect of the liability to the several persons making claims 
in the
  eedings under this section; and
  direct the distribution of the amount paid into court (or, as the
case
  be, so much of it as does not exceed the liability) among 
those
  ons in proportion to their claims subject to the following 
provisions
  his section.
  A payment into court of the amount of a limit determined under 
this
  ion shall be made in Hong Kong dollars and--
  for the purposes of converting such an amount from special 
drawing
  ts into Hong Kong dollars the Monetary Authority may certify, in 
Hong
  dollars, the respective amounts which are to be taken as 
equivalent
  a particular day to the sums expressed in special drawing 
rights in
  ion 9;
  a certificate signed by or on behalf of the Monetary Authority 
under
  graph (a) shall be conclusive evidence of the matters 
contained
  ein and shall in legal proceedings under this Ordinance to 
which it
  tes be admissible on its production and without further proof.
  nded 82 of 1992 s. 44)
  No claim shall be made in proceedings under this section except
within
  time as the court may direct or such further time as the court 
may
  w.
  Where any sum has been paid in or towards satisfaction of any claim
in
  ect of the pollution damage to which the liability referred 
to in
  ection (1) extends--
  by the owner or the person referred to in section 17 as "the
insurer";
  
  by a person who has or is alleged to have incurred a 
liability,
  rwise than under section 6, for that damage and who is 
entitled to
  t his liability in connection with the ship by virtue of the 
Merchant
  ping Act 1979 (1979 c. 39 U. K.), the person who paid the sum 
shall,
  he extent of that sum, be in the same position with respect to 
any
  ribution made in proceedings under this section as the person to 
whom
  as paid would, apart from this subsection, have been, 
and the
  ribution shall be made accordingly.
  Where the owner who incurred the liability referred to in
subsection
  has voluntarily made any reasonable sacrifice or taken 
any other
  onable measures to prevent or reduce pollution damage to 
which the
  ility extends or might have extended he shall be in the same 
position
  respect to any distribution made in proceedings under this
section as
  e had established a claim in respect of the liability for an 
amount
  l to the cost of the sacrifice or other measures, and the
distribution
  l be made accordingly.
  The court may, if it thinks fit, postpone the distribution of 
such
  of the amount to be distributed as it deems appropriate having
regard
  ny claims that may later be established before a court outside 
Hong
  .
  
  Restriction on enforcement of claims after establishment of
limitation
  
  e the court has found that a person who has incurred a liability
under
  ion 6 is entitled to limit that liability to any amount and 
he has
  into court a sum not less than that amount--
  the court shall order the release of any ship or other 
property
  sted in connection with a claim in respect of that liability or 
any
  rity given to prevent or obtain release from such an arrest; and
  no judgment or decree for any such claim shall be enforced, except 
so
  as it is for costs,
  sum paid into court, or such part thereof as corresponds to the
claim,
  be actually available to the claimant or would have been available
to
  if the proper steps in the proceedings under section 10 
had been
  n.
  Concurrent liabilities of owners and others
  e, as a result of any discharge or escape of persistent oil 
from a
  , he owner of the ship incurs a liability under section 6 and 
any
  r person incurs a liability, otherwise than under that section, 
for
  such pollution damage as is mentioned in subsection (1) 
of that
  ion, then, if--
  the owner has been found, in proceedings under section 10, 
to be
  tled to limit his liability to any amount and has paid into 
court a
  not less than that amount; and
  the other person is entitled to limit his liability in connection
with
  ship by virtue of the Merchant Shipping Act 1979 (1979 c. 39 U. 
K.),
  roceedings shall be taken against the other person in respect of 
his
  ility, and if any such proceedings were commenced before the 
owner
  the sum into court, no further steps shall be taken 
in the
  eedings except in relation to costs.
  Establishment of limitation fund outside Hong Kong
  e the events resulting in the liability of any person under
section 6
  result in a corresponding liability under the law of a 
Liability
  ention country other than Hong Kong, sections 11 and 12 shall
apply as
  he references to sections 6 and 10 included references 
to the
  esponding provisions of that law and the references to sums paid 
into
  t included references to any sums secured under those 
provisions in
  ect of the liability.
  Extinguishment of claims under Part II
  ction to enforce a claim in respect of a liability incurred 
under
  ion 6 shall be brought in any court in Hong Kong unless the action 
is
  enced not later than 3 years after the claim arose and not later 
than
  ars after the occurrence or, if there is more than 
one such
  rrence, the first of such occurrences resulting in the 
discharge or
  pe by reason of which the liability was incurred.
  
  Compulsory insurance against liability for oil pollution
  Subject to section 19, subsection (2) applies to any ship carrying 
in
  a cargo of more than 2,000 tons of persistent oil as 
defined in
  lations made under this section.
  A ship to which this subsection applies shall not enter or leave--
  the waters of Hong Kong; or
  if the ship is a Hong Kong ship, a port in any other country 
or a
  inal installation in the territorial sea of any other country, 
unless
  e is in force a certificate complying with subsection 
(4) and
  ifying that there is in force in respect of the ship a 
contract of
  rance or other security satisfying the requirements of Article

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关于一次性使用塑料血袋监管问题的通知

国家食品药品监督管理局


关于一次性使用塑料血袋监管问题的通知

国食药监办[2003]214号



各省、自治区、直辖市药品监督管理局:

  为加强一次性使用塑料血袋(以下简称血袋)生产企业的监督管理,保证上市产品的质量,原国家药品监督管理局曾在《关于一次性使用无菌医疗器械产品注册申请规定的补充通知》(国药监械〔2001〕583号)中规定,申请血袋注册的企业,必须具备生产含保养液血袋的能力。最近一些省级药品监督管理局就此规定在实施中遇到的具体问题来文请示,经研究现通知如下:

  一、根据目前血袋生产企业的现状,对于生产含保养液的血袋的企业,要求必须具备生产保养液的能力。除对血袋要按照医疗器械监管有关规定进行管理外,对其生产的保养液还必须按照药品监管的有关规定进行管理,包括发放药品批准文号、《药品生产许可证》并对生产保养液的车间进行药品GMP认证等。

  二、对于生产仅用于短时间保存血浆等,并且在注册时已申明不含保养液的血袋生产企业,不要求其必须具备生产保养液和含保养液血袋的能力。但各级药品监督管理部门要加强对该生产企业的日常监督管理,禁止此类企业违反规定生产其他类型的血袋。


                         国家食品药品监督管理局
                          二○○三年八月十五日



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