People's Republic of China promulgated by Decree No. 626

　　　　　　　　　　　　　　　　　　　　　　　 　　　　
The defective vehicle product recall Management Ordinance adopted executive meeting of the State Council on October 10, 2012 No. 219, is hereby published, as of January 1, 2013.
　　　　　　　　　　　　　　　　　　　　　　　　　　　 　 Prime Minister Wen Jiabao
　　October 22, 2012 of defective vehicle product recall regulations

First in order to regulate defective vehicle products recall, strengthening supervision and management, and protection of personal and property security, this Ordinance is enacted.

The second production in China, sales of motor vehicles and trailers (hereinafter car) recall, supervision and management, application of this regulation.

Defects referred to in article III of this Ordinance, is due to the design, manufacture, identification and other causes in the same batch, model or type of car products in General does not meet the personal and property safety national standards, industry standards or otherwise endanger the safety of persons, property unreasonable risk.

Recall mentioned in these regulations refers to sell automotive products automotive products for which the producer has taken measures to eliminate the defects of the activity.

Fourth State product quality supervision Department is responsible for the national supervision and management of defect automobile product recall.

Relevant departments under the State Council is responsible for the recall of defective automotive products within the scope of their respective duties related to supervision and management work.

Article fifth State product quality supervision departments in accordance with the needs, and may appoint Governments of provinces, autonomous regions and municipalities directly under the product quality supervision departments, import and export commodity inspection authority is responsible for the supervision and administration of defect automobile product recall some of your work.

Product quality supervision departments to recall the technical institutions under the State Council in accordance with product quality supervision Department under the State Council, take on defective automobile products recall of specific technical work.

Sixth article of any unit and individual have the right to complain to the product quality supervision departments automotive product defects that may exist, product quality supervision Department under the State Council shall be announced to the public in a public manner complaints telephone, email and mailing address.

Products quality supervision Department under the State Council shall establish a defective vehicle product recall information management systems, information collection, analysis and processing on defective automobile products.

Product quality supervision departments, automotive products Department, Business Department, customs, public security traffic Administrative Department, Transportation Department, administration for industry and Commerce and other relevant departments shall establish vehicle production, sales, import, registration, inspection, repair, consumer complaints, recalls and other information-sharing mechanisms.

Article seventh product quality supervision departments and relevant departments, agencies and their staff to fulfil responsibilities specified in these regulations within the knowledge of the business secrets and personal information shall not be disclosed.

Article eighth on defective automobile products, the producer shall, in accordance with this Ordinance, all recalls producer did not recall, product quality supervision Department under the State Council shall be in accordance with these regulations shall be ordered to recall.

Producers mentioned in these regulations refers to legally established in China's production of automotive products and issue certificates on behalf of the enterprise.

Sales of automotive products imported from outside China into the territory of enterprises, as the producers referred to in the preceding paragraph.

Nineth producers shall establish and maintain automotive product design, manufacture, identification, testing and other information recorded and automotive product sales information to owners of record for the first time and shelf life of not less than 10 years.

Article tenth producers the following information should be submitted to the State Council quality supervision departments for the record:

(A) the producers of basic information;

(B) car product specifications and owner information for initial sales of automotive products;

(C) for automotive products that threatens personal and property security failure, repair, replacement or return of information;

(D) the vehicle product recall information outside China;

(V) other information products quality supervision Department under the State Council for the record.

11th sale, lease operators, car repair products (hereinafter operator) should be established in accordance with product quality supervision Department under the State Council and save the automobile product information records, shelf life of not less than 5 years.

Operator informed automotive product defects shall immediately stop sales, rentals, use of defective vehicle product and assist producers in implementing the recall.

Dealer shall provide the product quality supervision Department under the State Council reports and to inform the producers learned information about automotive products might be flawed.

12th producers informed automotive product defects that may exist, shall immediately organize investigation and analysis, and report findings to State product quality supervision.

Producers confirmed the car defective product should immediately stop production and sales, import of defective automotive products and recall.

13th products quality supervision Department under the State Council was informed that the car might be flawed, shall immediately inform the producer survey producer investigation and analysis was not carried out in accordance with the notification, product quality supervision Department under the State Council shall carry out defect investigations.

State product quality supervision departments automotive product may contain defects that can cause serious consequences, can be carried out directly by defect investigation.

14th State product quality supervision departments to carry out defect investigations, access to producers, the place of business of the operator to conduct on-site investigations, check out, copy the relevant information and records to the relevant units and individuals understand the car's product may be defective. Producers should cooperate with the defect investigations, investigations need relevant information, products, and special equipment.

Business operators shall cooperate with the defect investigation provides relevant information needed during investigation.

Products quality supervision Department under the State Council may not use information provided by the producers, operators, products and specialized equipment for defect investigations require technical detection and identification for purposes other than those.

15th product quality supervision Department under the State Council investigation concluded that cars product defects, it shall notify the manufacturer recall. Producers think its auto products are not defective, he may, within 15 working days of receipt of the notification to the challenged products quality supervision Department under the State Council, and provided supporting materials.

Products quality supervision Department under the State Council shall organize and producers not interested experts to demonstrate the evidence, detection or identification of automotive products when necessary.

Producers are not in accordance with the notice recall, and is not contested within the time limit specified in the second paragraph of this article, or by State product quality supervision departments in accordance with the provisions of the second paragraph of this article organized demonstration cars, technical testing, identified a defective product, product quality supervision Department under the State Council shall order the producers recall; producers should immediately cease production, sale and import of defective automotive products and recall. 16th producers recall shall be in accordance with product quality supervision Department under the State Council to develop recall plans, product quality supervision departments and reported to the State Council for the record.

Modify the record recall program should be back for the record.

Producers should be implemented in accordance with the recall program recalled.

17th producers shall be submitted to the State Council quality supervision departments for the record recall at the same time inform the seller, seller shall stop selling defective automobile products.

18th producers recall, are accessible to the public should be aware of published information, inform owners of car products defects, avoid damage emergency matters such as measures to eliminate defects and producers.

Products quality supervision Department under the State Council shall be announced to the public in a timely manner has confirmed defective automobile products and producers to recall information.

Owners shall coordinate with the manufacturer recall.

19th on the recall of defective automotive products, producers shall promptly take corrective or additional identification, repair, replacement, returns and other measures to eliminate defects.

Producers shall be liable for elimination of defects of costs and necessary costs of the delivery of defective automotive products.

20th producers should recall in accordance with product quality supervision Department under the State Council the periodic report and recall summary reports.

Article 21st State product quality supervision departments shall supervise the implementation of the recall and organization experts with no interest to producers and producers assess the effect of the Elimination of the defects.

22nd producers violating the provisions of this Ordinance, any of the following circumstances, product quality supervision departments shall order rectification refuses, fines of between 50,000 yuan and 200,000 Yuan:

(A) failing to save information about automotive products, owners of record;

(B) failing to record the relevant information, recall program;

(C) the report is not submitted in accordance with the provisions of the relevant recalled.

23rd violates the provisions of this Ordinance, any of the following circumstances, product quality supervision departments shall order rectification refuses, fines of between 500,000 yuan and 1 million Yuan; has illegally obtained, and shall confiscate the illegal income in serious cases, by the relevant licensing authority shall revoke the license:

(A) producers, operators do not meet product quality supervision departments defect investigations;

(B) the producer in accordance with documented recall recall;

(C) informed the producers did not recall program sellers.

24th producers violating the provisions of this Ordinance, any of the following circumstances, product quality supervision Department ordered corrective action and defective automotive products the value of 1% up to 10% the penalty has illegally obtained, and shall confiscate the illegal income in serious cases, by the relevant licensing authority shall revoke the license:

(A) did not stop production, sale or import of defective automotive products;

(B) concealing defects;

(C) be ordered to recall refused to recall.

25th in violation of the provisions of this Ordinance, personnel engaged in the supervision and administration of defect automobile product recall of any of the following acts, shall be subject to punishment:

(A) the information provided by the producers, operators, products and specialized equipment for defect investigations require technical detection and identification purposes other than;

(B) the divulging of trade secrets or personal information;

(C) other acts of negligence, malpractice, abuse.

26th in violation of these regulations, constitutes a crime, criminal responsibility shall be investigated according to law. 27th car factory is not truck-tire defects of the equipment, the tyre producers are responsible for recall.

Specific measures for product quality supervision departments in the light of this Ordinance was enacted by the State Council.
28th producers in pursuance of this Ordinance to recall defective automobile products, does not exempt shall bear the responsibility.

Automotive product defects other than the quality of the provisions of these regulations, the owner shall be entitled to the product quality law, consumer protection law and other laws, administrative regulations and the relevant provisions of the State and the contract, requiring producers or sellers liable for repair, replacement, refund, compensation for losses corresponding legal responsibility. 29th article of the regulations come into force on January 1, 2013.