The Provincial Market Supervision Administration issued the Guiding Opinions on Promoting the Compliance and Healthy Development of Cross-border E-commerce in Hainan.

Market Supervision and Administration Bureaus, Comprehensive Administrative Law Enforcement Bureaus of all cities, counties, autonomous counties, and Yangpu Economic Development Zone, and all units of the provincial bureau:
In order to thoroughly implement the decisions and arrangements of the provincial party committee and government on the development of cross-border e-commerce, earnestly fulfill the responsibilities and missions of market supervision services, and promote the standardized, healthy and orderly development of Hainan's cross-border e-commerce, the following guiding opinions are formulated.
1. Adhere to tolerance and prudence
(I) Adhere to the regulatory concept of giving equal importance to development and regulation, and coordinate the promotion of integrated supervision. Grasp the laws of cross-border e-commerce development, adhere to the principles of encouraging innovation, tolerance and prudence, strict adherence to the bottom line, and online and offline integrated supervision, and leave enough space for the development of new formats and new models.
2. Cultivate market development
(II) Encourage innovative business models and expand business areas. Cross-border e-commerce operators who carry out business activities in the form of membership cards, account fees, etc. are encouraged to conduct transactions on the basis of following the principles of equality, voluntariness, fairness, integrity, and freedom of entry and exit, and obtain legitimate commercial interests.
(III) Improve the fault tolerance and exemption mechanism to enhance business vitality. According to the "List of Non-Punishable Initial Minor Violations of Market Subjects in Hainan Province's Market Supervision Field", cross-border e-commerce companies that violate the law for the first time and have minor harmful consequences will be exempted from punishment if they are corrected in time after being ordered to make corrections within a time limit. In combination with the development of new formats and models of cross-border e-commerce, we will actively study and expand the list of non-punishable acts for cross-border e-commerce, giving operators more room for growth.
III. Innovative service means
(IV) Strengthen data docking and realize information sharing. We will do a good job of data docking with the commerce, customs and other departments, open up relevant data such as quality supervision and certification, drug supervision, and corporate credit, and realize the one-time entry, multi-department sharing, and full-process use of cross-border e-commerce operators' information.
(V) Promote laws and regulations and promote compliance development. We will sort out the current laws and regulations related to market supervision, formulate cross-border e-commerce compliance operation guidelines, clarify regulatory requirements, provide cross-border e-commerce operators with compliance operation physical examination services or cooperate with cross-border e-commerce operators to conduct self-inspections, and guide them to operate in compliance.
IV. Strictly adhere to the bottom line of supervision
(VI) Strengthen the main responsibility of cross-border e-commerce platform operators and perform relevant obligations in accordance with regulations.
1. Cross-border e-commerce platform operators shall establish and publicize platform transaction rules, as well as management systems such as transaction security, consumer rights protection, and bad information processing, and sign agreements with operators within the platform to clarify the rights and obligations of both parties in entering and exiting the platform, product quality and safety, intellectual property protection, and consumer rights protection.
2. Encourage cross-border e-commerce platforms to establish a pre-payment system and set up a consumer rights guarantee. If consumers require a refund or compensation from a cross-border e-commerce platform, the platform operator shall refund or compensate first; if the platform operator is not at fault, it may seek compensation from the operator within the platform after pre-payment.
(VII) Establish and improve a new regulatory mechanism based on "big data '" and implement smart supervision.
1. Strengthen the construction of digital basic information technology. Establish a cross-border e-commerce operator database, explore the construction of a convenient and applicable regulatory platform that adapts to industry characteristics, and realize the functions of fine management of market entity data and intelligent monitoring.
2. Establish a cross-border e-commerce behavior risk classification management system. Gradually improve the full-line control work mechanism with pre-prevention as the main focus, in-process control and post-event inspection as the auxiliary.
3. Explore a panoramic cross-border e-commerce operator credit supervision system. Integrate all kinds of data related to the business conditions, daily supervision data, dishonesty information, and complaint and reporting information of cross-border e-commerce operators, and centrally display and comprehensively analyze the credit information of cross-border e-commerce operators.

Hainan Provincial Market Supervision Administration
November 19, 2021