Administrative Measures On Circulation Of Used Electrical And Electronic Products

Original Language Title: 旧电器电子产品流通管理办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201503/20150300398685.shtml

Administrative measures on circulation of used electrical and electronic products

    (March 15, 2013 the Ministry of Commerce announced as of May 1, 2013, 2013 1th) first to strengthen the management on the movement of used electrical and electronic products, and promote comprehensive utilization of resources, protecting the environment, according to the People's Republic of China circular economy promotion law, the waste electrical and electronic product recycling management regulations and other laws and regulations, these measures are formulated. Article used electrical and electronic products in these measures refers to has entered the field of consumption remain full or part of the original value of electrical and electronic products.

Including refrigeration and air conditioning equipment, cleaning appliances, kitchen appliances, ventilation, heating ironing appliances, personal care appliances, health care equipment, recreational equipment and other electrical products and audio entertainment, information technology and other electronic products.

    Old electrical and electronic products in these measures (hereinafter referred to as the operator) refers to the old electrical and electronic product acquisition or sales activities of legal persons, other economic organization or individual.

    Article circulation of used electrical and electronic products in these measures, refers to the activities of purchase and sale of used electrical and electronic products.

    Article fourth should be engaged in business activities in accordance with relevant laws, regulations and standards, and follow the principles of honesty, trustworthiness, fairness and openness.

Fifth Ministry of Commerce is responsible for the management of the flow of used electrical and electronic products industry, is responsible for formulating industrial development plan and policies.

    Local commerce authorities above the county level shall be responsible for the administrative area of used electrical and electronic products industry management work flow.

    Sixth of the related industry associations in accordance with the regulations, active services for operators, professional skills training, improving the archive information system of used electrical and electronic products, establish enterprises operating in China, good faith files, industry self-regulatory role. Article seventh acquisition of electrical and electronic products should be to register to buy products.

    Registration information should include the name of the used electric and electronic products, trademarks, models, seller identity information such as the original proof of purchase or sale. Article eighth archives of old electrical and electronic products should be established.

    Archives should be including product registrations for the acquisition, quality performance, major repair, renovation of parts and accessories trademarks, after the producers of information, and so on. Nineth operator shall not get organs, enterprises in the circulation (things) unit and personal information for field regardless of the circulation of used electrical and electronic products.

Used electrical and electronic products involving trade secrets, personal privacy, the seller shall, before the sale of proper disposal information, operator's acquisition of these products should be made before tip.

    Retirement secret of circulation of used electrical and electronic products should be in line with the law on guarding State secrets and the confidentiality provisions of the State.

Tenth prohibits operators buy used electrical and electronic products of the following:

(A) the attachment, arrest according to law;

(B) knowingly, through theft, robbery, fraud, smuggling, or obtained by other illegal means;

(C) does not mean legitimate source;

    (D) prohibition of acquisition of other laws and administrative regulations.

    11th for sale of used electrical and electronic products should be prominently identified as junk. 12th operator when selling a used electrical and electronic products shall be made to the buyer's express product quality and performance, main parts repair, renovation of the situation.

    Operators refurbished product off as a new product in the sale is strictly prohibited. 13th business operator shall issue a sales document or invoice to buyer and shall provide not less than 3 months of maintenance-free service, except as otherwise agreed by the parties to the transaction.

Used electrical and electronic products is still in warranty period, operators should fulfill their warranty responsibilities according to law.

    Operators shall set up a sales account, truthfully and accurately record the sales.

14th prohibition sale of used electrical and electronic products of the following:

(A) all functionality or meet the State forced scrap condition;

(Ii) incompatible with the protection of human health and personal and property safety standards and other mandatory requirements;

    (C) other laws and administrative regulations to prohibit sales.

    15th used electrical and electronic products market operators of old electrical and electronic archives should be established record of market operators in your identity and credit information.

    16th the State encourages the establishment of information management system for used electrical and electronic products market, Statistics Manager in a timely manner information about the acquisition and sale of used electrical and electronic products, including product name, trademark, model, quantity, unit price, distributors and other content.

    17th should be through the development of local commerce authorities above the county level industrial development program, the promotion of policies and comprehensive and coordinated way, regulate the circulation of used electrical and electronic products, and promote the development of the industry. 18th local commerce authorities above the county level shall be in accordance with local conditions, establish regular inspections and unscheduled spot checks system, discover and handle the issue in a timely manner.

Operators and market of used electrical and electronic products should be compatible with the commercial administrative departments of supervision and inspection, and truthfully provide information and materials.

    Local commerce authorities above the county level shall organize industry statistics work within their respective administrative areas, the operator shall, in accordance with the commercial administrative departments required to submit the relevant information and data.

    Article 19th disobey seventh, eighth, 15th article, local commerce authorities above the county level shall order rectification fails, liable to a fine of less than 2000 Yuan and 10,000 yuan.

    Article 20th disobey Nineth, 11th, 12th, 13th, 18th article, by laws, administrative regulations, relevant departments according to law; is not stipulated by laws and regulations, local commerce authorities above the county level shall order rectification fails, liable to a fine of less than 2000 Yuan and 10,000 yuan constitutes a crime, criminal responsibility shall be investigated according to law.

    Article 21st violated these measures stipulated in article tenth and 14th, by laws, administrative regulations, relevant departments according to law; is not stipulated by laws and regulations, local commerce authorities above the county level shall order rectification fails, to a fine below 10,000 yuan and 30,000 yuan constitutes a crime, criminal responsibility shall be investigated according to law.

    22nd via the Internet to carry out acquisitions and sales of used electrical and electronic products, in accordance with the measures implemented. 23rd these measures shall come into force on May 1, 2013.