商业特许经营管理办法+Administration+of+Commercial+Franchise+Procedures

商业特许经营管理办法 Administration of Commercial Franchise

Procedures

商业特许经营管理办法 Administration of

Commercial Franchise Procedures

(Promulgated by the Ministry of Commerce on 30 December 2004 and effective as of 1 February 2005.)

颁布日期:20041230 实施日期:20050201 颁布单位:商务部

PART ONE GENERAL PROVISIONS

Article 1 These Procedures are formulated in order to standardize commercial franchising， to safeguard the lawful rights and interests of the parties， and to promote the healthy and orderly development of commercial franchise.

Article 2 For the purposes of these Procedures，the term “commercial

franchising” (hereafter， franchising) shall refer to the arrangement

whereby a franchisor， through the conclusion of a contract， authorizes

a franchisee to use business resources such as the trademark， trade name

and business model of which it has the right to authorize the use thereof by other parties. The franchisee shall conduct business activities in accordance with the stipulations of the contract under a uniform business system and pay the franchise fees to the franchisor.

Article 3 These Procedures shall apply to the engagement in franchising activities within the People‘s Republic of China.

Article 4 A franchisor may， in accordance with the stipulations of the

contract， directly grant franchise rights to a franchisee. The franchisee may invest in and establish franchise outlets and engage in business activities， but may not grant sub-franchises. If a franchisee has been granted exclusive franchise rights within a particular area， it may further

grant sub-franchise to another applicant and may establish its own franchise outlets within that area.

Article 5 The operation of franchise business shall abide by the laws and regulations of the People‘s Republic of China and t he principles of voluntariness， fairness， honesty and trustworthiness， and shall not

harm the lawful rights and interests of consumers.

A franchisor shall not use a franchise under false pretences to illegally engage in direct selling activities.

A franchisor that engages in commercial activities in the form of franchising may not create market monopoly or obstruct fair competition.

Article 6 The Ministry of Commerce shall implement regulation of franchising activities throughout China. Departments in charge of commerce at all levels shall implement regulation of franchising activities within their area of jurisdiction.

PART TWO FRANCHISING PARTIES

Article 7 A franchisor shall have the following qualifications:

1. it shall be an enterprise or other economic organization established

according to law;

2. it shall have the business resources such as trademark， trade name

and business model of which it has the right to authorize the use thereof by another party;

3. it shall have the capability to provide long-term business guidance and training services to the franchisees;

4. it shall have at least two directly-run stores within China that have been operated for at least one year， or directly run stores set up by its subsidiaries or companies in which it has a controlling share;

5. where the franchisor is required to provide goods for franchising， it

shall have a goods supply system that is stable and that can guarantee the quality， and shall be able to provide relevant services; and

6. it shall have good reputation and no record of fraudulent activities in the form of franchising.