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Slotting allowance appliances alleged "commercial bribery" that business refuses to accep by sgbvdf asga
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Slotting allowance appliances alleged "commercial bribery" that business refuses to accep by SGBVDF ASGA
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| Article Posted: 12/31/2010 |
| Article Views: 72 |
| Articles Written: 2044 - MORE ARTICLES FROM THIS AUTHOR |
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Slotting allowance appliances alleged "commercial bribery" that business refuses to accep |
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Business,Business News,Business Opportunities
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Recently, Suning selected Zhejiang Bureau of Foreign Trade and Industry announced "
Commercial Bribery
Ten cases ", so slotting allowance quiet for some time the industry once again a hot topic recently. However, this is a debate on the slotting allowance has not only remained in the income level should not, but up to and "Commercial Bribery" equivalent level. Industry experts point out that the slotting allowance in foreign countries have common problems are debated in the country, mainly because of all the phenomenon of the slotting allowance is not a correct understanding of the theory, so the practice in some of the problems can not be an appropriate explanation.
In accordance with "Anti-Unfair Competition Law," industrial and commercial administrative organs have the right to found commercial bribery, commercial bribery in the implementation of the right to administrative punishment. However, what is commercial bribery? Commercial bribery and how to define business practices? Suning fee if it determines the slotting allowance is bribery, then, the country's large business group in operation by such business practices, does this mean that all future fee Entry fee businesses will face investigation and prosecution of the local business sector?
Suning CEO Sun Weimin has told reporters that Suning has been on the case related to the National People's Congress to reflect; China Chain Store & Franchise Association's leader also revealed that the association has the relevant information note on the case to the State Administration of doing business in detail.
The focus of the parties dispute
Not long ago, Zhejiang Industry and Commerce announced the "Ten cases of commercial bribery," so that this resulted from a lawsuit two years ago, Suning Appliance slotting allowance to surface. May 13, 2004, Hangzhou Industrial and Commercial Bureau to Suning charged supplier Hangzhou Jager
Electronic
Co., Ltd., Xiamen
Amoi
Electronics Co., Ltd. Hangzhou Branch "sponsorship fee" and "rebate shall," "promotional fees" and "venue fee" charges on a commercial bribery on the grounds that the company made Suning 18.8514 million illegal income confiscated, administrative penalty of fine of 100,000 yuan. August 9, 2004, Suning Corporation appeal an administrative penalty, the Beijing Haidian District People's Court proceedings.
Focus both controversial, Suning company as a supplier, such as shopping malls charge "sponsorship fees", "site fee" and "rebate shall," "promotional fees" and other expenses, whether it was lawful under the contract income? Commercial bribery is a clear qualitative legal basis?
In the indictment, said Su Ning, Su Ning as by the client, to companies and Jager Amoi interests of the company to implement its own name and on behalf of the behavior of sales, the resulting costs including site use fees, sales charges and purchase of promotional items promote the sponsorship fee, in accordance with the contract by the client to bear the company to accept these costs fully comply with the law and contracts. In addition, the agency for the fees between the parties is actually happening in the sales process is entirely open in the contract expressly agreed commitments, and account for tax law, the plaintiff's conduct did not constitute a variety of name under the guise of accepting or soliciting bribes. Suning has also submitted to the tax authorities issued by the court of "proof" that "the supply of Suning Appliance Market on access to user fees, opening day sales promotion and sponsorship fees already paid VAT in line with the spirit of tax laws."
Hangzhou Trade and Industry Bureau that the supplier charged Suning so-called "sponsorship fees" such as names of property, violation of the "Anti-Unfair Competition Law" and the State Administration for Industry "on the Prohibition of Commercial Bribery in the Interim Provisions" requirements of commercial bribery. In commodity trading, the illegal charging other property constitute commercial bribery, the so-called "sponsorship", "site fee" and "rebate fee" and "marketing fees" are illegal income of the plaintiff. Any pretense of "sponsorship", "site fee" and "rebate fee", "promotional fees" charged by such names as property are not legitimate. The so-called "rebate shall" in accordance with the tax laws are "discount", "anti-unfair competition law" is referred to as "discount." State Administration of Taxation, "VAT invoices Use" provisions are not VAT invoices and other legal instruments on display so-called "rebate shall" and other tax laws do not belong to a discount. "Anti-Unfair Competition Law" explicitly referred to the discount to "express", "accurately accounted for."
I am an expert from China Toys Suppliers, usually analyzes all kind of industries situation, such as steel portable garage , christian lead sheets.
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