Abstract Attachment 1: Convention on Unfair Competition in China's Machine Tool Industry Published in December 2014 Chapter I General Provisions Article 1 Promotes China's Machines
attachment1:
China's machine tool industry anti-unfair competition convention
Released in December 2014
Chapter I General Provisions
The first one is to promote the development of China's machine tool industry, to ensure the healthy and orderly development of the machine tool market, to safeguard the common interests of the machine tool industry, to standardize the market behavior of machine tool enterprises, and to express the common will of the most machine tool enterprises, China Machine Tool Industry Association This Convention is specifically formulated.
Article 2 This Convention implements the principles of “compliance with the law, integrity, self-discipline, fair competition, and common supervisionâ€.
Article 3 The term “machine tool industry†as used in this Convention refers to the enterprise engaged in the research and development of machine tool technology, the production, testing and sales of machine tool products, including consulting, service, training and other related businesses in the field of machine tool tools.
Article 4 This Convention applies to all enterprises in the machine tool industry registered in mainland China. In accordance with the principle of voluntariness, members of the China Machine Tool Industry Association are invited to participate, and non-member companies are welcome to participate actively and become members of the Convention.
Article 5 This Convention shall be formally implemented after being voted by the Standing Committee of China Machine Tool & Tool Industry Association; the permanent establishment of China Machine Tool Industry Association is the executive body of this Convention and is solely responsible for organizing the implementation of this Convention.
Chapter II Compliance
Article 6 complies with national laws and regulations and safeguards national interests.
Article 7 complies with the relevant administrative and technical regulations of the machine tool market promulgated by the State.
Article 8 complies with relevant international conventions signed by the Chinese government.
Article 9: Actively participate in the construction of policies, guidelines, regulations and regulations in China's machine tool industry, reflecting the common opinions and demands of most enterprises in China's machine tool industry.
Article 10 At the request of the relevant government departments, actively participate in the Chinese government and international organizations and other countries to sign international conventions on machine tools and other related work. Entrusted by the relevant government departments, on behalf of the industry, according to the requirements of relevant government departments, participate in exchanges and cooperation with relevant foreign organizations and enterprises in international rules.
Chapter III Self-discipline
Article 11 The members of the Convention shall establish a strict quality management system, comprehensively implement quality management requirements in the research and development of machine tool products, product production and service, and consciously accept the supervision and management of the State Quality and Technical Supervision Department.
Article 12: Members of the Convention shall actively participate in the drafting, formulation, implementation and promotion of machine tool industry standards, promote the construction of the machine tool industry standard system, and consciously implement industry standards in the whole process of product development, product production and service; Implement and improve the standards of machine tools related to the country, industry and enterprises; actively participate in the activities of the International Standardization Organization of the machine tool industry.
Article 13 Members of the Convention shall adhere to the principle of "customer first", consciously safeguard the legitimate rights and interests of users, strictly fulfill the commitments of users, and achieve common growth with users.
Article 14 Members of the Convention are not allowed to produce, sell or provide technologies, products and services that do not meet the quality requirements and harm the interests of users.
Chapter IV Fair Competition
Article 15 This Convention encourages competition by the principle of “openness, fairness and justice†and opposes unfair competition, especially unfair competition that violates professional ethics and viciousness.
Article 16 encourages technical exchanges and cooperation among members of the Convention, seeks common development, and promotes technological advancement in the machine tool industry. Protect the intellectual property rights and trade secrets of the members of the Convention and oppose the use of improper means to obtain the technical secrets and intelligence of other enterprises.
Article 17 Encourage the normal cooperation of enterprises in the market, eliminate improper means, exclude other competitors, obtain commercial interests or market position; eliminate false publicity of their products and technologies through media or other means; prevent fabrication and dissemination False information, damage the competitor's corporate image, goodwill and its technology, product reputation; encourage enterprises to build brand products, put the trademarks of others as the name of the company name, mislead the public; support various effective ways between enterprises, Cooperate in the fields of scientific research, production and service of machine tools, and jointly create a good industrial development environment.
Article 18: Members of the Convention shall consciously abide by the laws and regulations concerning prices and implement price self-discipline. Resolutely oppose the way in which companies use unfair means such as products or services to obtain market share at prices far below the industry average or even below the cost. We advocate adherence to the principles of fairness, lawfulness, honesty and trustworthiness, formulate prices based on production and operation costs and market supply and demand, safeguard the long-term legitimate rights and interests of consumers, and maintain fair competition in the industry.
Chapter V Common Supervision and Supervision Procedures
Article 19 The China Machine Tool Industry Association shall be responsible for transmitting the regulations, policies and industry self-discipline information of the machine tool industry management to the members of the Convention, promptly reporting to the relevant competent authorities of the government the wishes and requirements of most members of the Convention, and safeguarding the legitimate interests of the members of the Convention. Supervise and inspect the compliance of the members of the Convention with this Convention.
Article 20 Members of this Convention shall consciously implement the various self-discipline provisions of the Convention and consciously safeguard the overall legal rights and interests of the machine tool industry.
Article 21 The members of the Convention have the right to safeguard the common interests of the members of this Convention, and they shall be harmed by unfair competition in terms of market, technology and price, and their interests shall be concerned and protected by the members of the Convention. The injured person can submit the unfair competition to the China Machine Tool Industry Association. According to the meeting of the chairman and vice chairman of the China Machine Tool Industry Association, the executive body of the Convention or the branch of the executing agency can assist the injured person to investigate the damage. The situation, mediation of disputes between enterprises, if necessary, may be brought to the relevant state departments to impose penalties in accordance with relevant laws and regulations.
Article 22 Members of this Convention shall be liable for breach of contract if they commit a breach of contract. The defaulting enterprise and the parties (or representatives) shall be responsible for apologizing to the damaged unit or its representative in a certain form within the scope of the damage; the enterprise that seriously violates the contract shall be publicly reviewed in the industry (conference, media). .
Article 23 When a dispute arises between members of the Convention, the parties to the dispute shall resolve the dispute in accordance with the principle of mutual understanding and mutual accommodation, and may also request the enforcement agency or branch of the Convention to conduct mediation and arbitration.
Article 24 If a member of the Convention seriously violates the provisions of this Convention and does not bear the responsibility for breach of contract, it may, in the decision of the chairman and vice-chairman meeting of the China Machine Tool Industry Association, take the necessary measures to inform the social media or the industry. And disqualify from participating in relevant industry activities. If the circumstances are serious, it shall be decided by the chairman of the China Machine Tool & Tool Industry Association and the vice chairman meeting to announce to the public the suspension or termination of the membership of the Convention; if necessary, it may be submitted to the State's anti-unfair competition authorities for sanctions and sanctions.
Article 25 All members of this Convention shall have the right to supervise the legality and impartiality of the implementation of this Convention by the implementing agency of the Convention, and shall have the right to reflect opinions and appeals to the relevant competent government authorities.
Article 26 The member units have the right to propose amendments to this Convention and discuss them at the meeting of the chairman and vice chairman of the China Machine Tool Industry Association. If the chairman of the China Machine Tool Industry Association and the vice chairman meeting decide not to adopt the amendments, they shall notify the member unit in writing; if it is deemed necessary to amend, the permanent establishment shall revise and improve this Convention.
Article 27 The China Machine Tool Industry Association shall use its various media means to actively promote this Convention, promote the industry's integrity and self-discipline, attack the vicious competition phenomenon, form a strong public opinion atmosphere in the society and the industry, and strengthen industry self-discipline.
Chapter VI Supplementary Provisions
Article 28 This Convention shall be announced to the public by the permanent establishment of China Machine Tool Industry Association after approval by the Standing Committee of China Machine Tool & Tool Industry Association.
Article 29 This Convention adopts the principle of voluntariness. Any enterprise (including non-member enterprises) that is willing to accept the self-discipline clause of this Convention may apply to the China Machine Tool Industry Association for participation in this Convention. After approval by the China Machine Tool Industry Association, it will be announced in its relevant media, and the enterprise will become a convention. member. (For details, please refer to the attachment)
Article 30 The branches of the China Machine Tool Industry Association (sub-committees and professional committee members), on behalf of the China Machine Tool Industry Association, serve the member companies of the industry, strive to build a fair competition environment in different industries, and regulate the behavior of enterprises in different industries.
Article 31: All branches (sub-commitments and professional committees) of the China Machine Tool Industry Association are encouraged to initiate and formulate rules for self-discipline of each sub-sector under the provisions of this Convention and in accordance with national laws and regulations and the actual conditions of the sub-sectors. After being approved by the branch council and reported to the executive body of the convention for review and approval, it shall be published as an annex to this Convention and shall constrain the market behavior of the enterprises in the sub-sector.
Article 32 This Convention shall be interpreted by the China Machine Tool Industry Association.
Article 33 Where this Convention conflicts with the laws and regulations promulgated by the State, the national laws and regulations shall prevail.
Article 34 This Convention shall be implemented as of the date of promulgation.
Annex 2:
Participation in the "China Machinery Tool Industry Anti-Unfair Competition Convention" application form
Company Name: | legal representative: |
company address: | Zip code: |
Contact department: | Contact: |
E-mail: | Mobile phone: |
Company profile: | |
The main product introduction of the enterprise: | |
Application Our company has voluntarily become a member of the "China's Machine Tool Industry Anti-Unfair Competition Convention", abides by the provisions of the Convention, opposes unfair competition, and strives to maintain an open, fair, equitable, healthy and orderly market environment for China's machine tool industry. (corporate seal) | |
Note: This form is filled in with the official seal and feedback. If you use email, please convert the form to PDF file.
The application form can be sent to the Marketing Department of China Machine Tool Industry Association by email: Fax: (010) 63345701; mailing: Zip Code 100055 12th Floor, Tianlian Building, No. 102 Lianhuachi East Road, Xicheng District, Beijing.
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