China’s SAMR Seeks Public Comments on Draft Measures for Handling Complaints and Reports
Published 7 August 2025
Yu Du
On 6 August 2025, the State Administration for Market Regulation (SAMR) issued a public notice inviting comments on the draft Measures for the Handling of Market Regulation Complaints and Reports (the Draft Measures). Public consultation will remain open until 5 September 2025. The draft seeks to update and replace the 2020 interim version, aiming to better align with the newly effective Implementation Regulations of the Consumer Rights Protection Law, address emerging regulatory challenges, and enhance the effectiveness, fairness, and transparency of complaint and report handling. Further, issues such as surging complaints in e-commerce, inconsistent procedures across channels like 12345 and letters/petitions, and the misuse of complaints to harass businesses, have made revision urgent and necessary.
Key Features of the Draft Measures
1. Alignment with New Legal Requirements
The Draft Measures incorporates and elaborates on new provisions introduced by the Implementation Regulations of the Consumer Rights Protection Law. It requires complainants to submit verified identity information and provide factual evidence, rather than merely describing the issue. If a complaint is not accepted, the market regulation authorities must clearly explain the reason and inform the complainant of alternative dispute resolution channels. In cases where the complainant and the business operator cannot agree on an inspection or appraisal institution, the regulator may designate a qualified third-party institution. Delegated mediation must be based on mutual consent, and the mediation period is extended from 45 working days to 60 calendar days.
2. Preventing Abuse and Clarifying Legal Liability
To prevent abuse of the complaint system, the Draft Measures introduces rules stating that complaints must not be used to gain improper benefits or disrupt the market. It imposes legal consequences, including possible referral to the police, for actions such as extortion or submitting false claims.
3. Refinement of Jurisdiction Rules in E-Commerce
The Draft Measures clarifies jurisdiction rules in response to the rapid development of e-commerce. While consumers retain the freedom to choose whether to complain to the platform or directly to a merchant, if a platform fails to publish its real business address and contact information, the local regulator where the merchant operates may transfer the case to the platform’s regulator, which must accept the case unless it has a valid reason not to. The Draft Measures removes specific jurisdiction provisions for reports in sectors like e-commerce and advertising to avoid duplication with existing administrative penalty procedures.
4. Enhancing Procedural Efficiency and Transparency
Procedural efficiency is another major focus. The Draft Measures mandates that regulators conduct sample follow-up calls and evaluate complaint handling effectiveness. It permits flexible methods of notification such as internet, SMS, phone, email, fax, or postal mail. Repeated reports of the same issue by the same person do not need to be handled again. Additionally, regulators are required to publicly disclose data and outcomes of consumer complaints to promote transparency and proactive governance.
5. Defining Personal Consumption in Complaint Eligibility
The Draft Measures also defines how to determine whether a purchase was made for personal consumption, which is a prerequisite for accepting consumer complaints. It outlines five types of behavior that may suggest a complaint is not based on personal consumption needs, including excessive quantities, knowingly purchasing defective goods or services, repeated or coordinated complaints, and complaints made on behalf of others. Provincial and municipal regulators are authorized to further refine these criteria. However, the Draft Measures emphasizes that this clause is not intended to raise the threshold for consumer protection or exclude specific groups, but rather to maintain the original intent of the system.
6. Establishing Unified Procedures Across Channels
Finally, the Draft Measures mandates that complaints and reports forwarded via other government channels such as the 12345 hotline or petition systems must be processed using the same standards and procedures as those received through the market regulation authorities, ensuring consistency and fairness across all channels.
Comment
The Draft Measures reflect a more mature, data-informed, and legally harmonized regulatory environment. By strengthening procedural safeguards, enhancing digital coordination, and curbing system abuse, the new rules aim to protect both consumers and responsible businesses. The draft also affirms the government’s commitment to transparent governance, efficient administration, and the rule of law in the marketplace. Once finalized, the Measures are expected to contribute to a more balanced and modernized complaint handling system, reinforcing trust in market regulation and consumer protection.
Key Features of the Draft Measures
1. Alignment with New Legal Requirements
The Draft Measures incorporates and elaborates on new provisions introduced by the Implementation Regulations of the Consumer Rights Protection Law. It requires complainants to submit verified identity information and provide factual evidence, rather than merely describing the issue. If a complaint is not accepted, the market regulation authorities must clearly explain the reason and inform the complainant of alternative dispute resolution channels. In cases where the complainant and the business operator cannot agree on an inspection or appraisal institution, the regulator may designate a qualified third-party institution. Delegated mediation must be based on mutual consent, and the mediation period is extended from 45 working days to 60 calendar days.
2. Preventing Abuse and Clarifying Legal Liability
To prevent abuse of the complaint system, the Draft Measures introduces rules stating that complaints must not be used to gain improper benefits or disrupt the market. It imposes legal consequences, including possible referral to the police, for actions such as extortion or submitting false claims.
3. Refinement of Jurisdiction Rules in E-Commerce
The Draft Measures clarifies jurisdiction rules in response to the rapid development of e-commerce. While consumers retain the freedom to choose whether to complain to the platform or directly to a merchant, if a platform fails to publish its real business address and contact information, the local regulator where the merchant operates may transfer the case to the platform’s regulator, which must accept the case unless it has a valid reason not to. The Draft Measures removes specific jurisdiction provisions for reports in sectors like e-commerce and advertising to avoid duplication with existing administrative penalty procedures.
4. Enhancing Procedural Efficiency and Transparency
Procedural efficiency is another major focus. The Draft Measures mandates that regulators conduct sample follow-up calls and evaluate complaint handling effectiveness. It permits flexible methods of notification such as internet, SMS, phone, email, fax, or postal mail. Repeated reports of the same issue by the same person do not need to be handled again. Additionally, regulators are required to publicly disclose data and outcomes of consumer complaints to promote transparency and proactive governance.
5. Defining Personal Consumption in Complaint Eligibility
The Draft Measures also defines how to determine whether a purchase was made for personal consumption, which is a prerequisite for accepting consumer complaints. It outlines five types of behavior that may suggest a complaint is not based on personal consumption needs, including excessive quantities, knowingly purchasing defective goods or services, repeated or coordinated complaints, and complaints made on behalf of others. Provincial and municipal regulators are authorized to further refine these criteria. However, the Draft Measures emphasizes that this clause is not intended to raise the threshold for consumer protection or exclude specific groups, but rather to maintain the original intent of the system.
6. Establishing Unified Procedures Across Channels
Finally, the Draft Measures mandates that complaints and reports forwarded via other government channels such as the 12345 hotline or petition systems must be processed using the same standards and procedures as those received through the market regulation authorities, ensuring consistency and fairness across all channels.
Comment
The Draft Measures reflect a more mature, data-informed, and legally harmonized regulatory environment. By strengthening procedural safeguards, enhancing digital coordination, and curbing system abuse, the new rules aim to protect both consumers and responsible businesses. The draft also affirms the government’s commitment to transparent governance, efficient administration, and the rule of law in the marketplace. Once finalized, the Measures are expected to contribute to a more balanced and modernized complaint handling system, reinforcing trust in market regulation and consumer protection.