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新国标(《外卖平台服务管理基本要求》)
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陈兵:以新国标动态施行规范外卖全流程丨法经兵言
Di Yi Cai Jing· 2025-12-09 12:14
Core Viewpoint - The new national standard for food delivery platforms, while not legally binding, aims to establish industry benchmarks, balance interests, and significantly impact the operational behaviors of platform companies, providing essential references for regulatory enforcement [1][9]. Group 1: Service Management System - The new standard constructs a comprehensive service management system covering the entire process of food delivery platforms [2]. Group 2: Merchant Management - The standard establishes a "registration-audit-operation" regulatory framework to address long-standing food safety issues, requiring merchants to have physical stores and valid licenses, including a unique video verification process to combat "ghost kitchens" [3]. - A dual audit mechanism is introduced, mandating monthly checks of at least 5% of merchants and updating information for high-risk merchants within three months [3]. - Platforms must set up independent food safety management bodies and implement a systematic food safety oversight protocol [4]. Group 3: Pricing and Promotion Regulations - The standard addresses long-standing issues of pricing transparency and promotional practices, defining core fees and requiring platforms to publicly disclose pricing rules and calculations [5]. - It prohibits various unreasonable charging practices and mandates a fee reduction mechanism for small and micro merchants [5]. - The standard delineates responsibilities for platform promotions, ensuring costs are not passed onto merchants or delivery personnel, and prohibits deceptive pricing practices [5]. Group 4: Delivery Personnel Rights - The new standard includes specific provisions for the protection of delivery personnel's rights, ensuring fair compensation and working conditions [6][7]. - It mandates that platforms determine base delivery income based on regional characteristics and prohibits practices that reduce earnings under the guise of promotions [7]. - Delivery personnel are limited to a maximum of 8 hours of work per day, with mandatory breaks, and platforms must optimize delivery algorithms to ensure safety [7][8]. Group 5: Platform Responsibility and Algorithm Transparency - The standard emphasizes the need for platforms to enhance algorithm transparency, requiring public disclosure of dispatch algorithms and compliance audits [10][11]. - It aims to prevent monopolistic behaviors by ensuring platforms do not exploit their advantages to discriminate against consumers [10]. Group 6: Balancing Rights and Interests - The standard introduces a dual-track protection approach for delivery personnel, recognizing both labor and cooperative employment models to better meet the needs of flexible workers [12][13]. - It establishes a "quasi-injury" insurance system for gig workers, which may become a key indicator of platform compliance [13]. - The implementation of the standard may lead to increased operational costs for platforms, affecting rider income and delivery times, necessitating ongoing evaluation and adjustment of the standard's effectiveness [14].