Second-Hand Car Circulation Management

Original Language Title: 二手车流通管理办法

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(August 29, 2005 by Ministry of Commerce, Ministry of public security, the State administration for industry and commerce, the State administration of taxation announced as of October 1, 2005, 2005 2nd) Chapter I General provisions article improved used car flow management, regulate the used car business, guaranteed used car the legitimate rights and interests of both sides, promote healthy development of second-hand car circulation, according to the relevant laws and administrative regulations of the State, these measures are formulated.
    Article in the People's Republic of China engaged in second-hand car business activity or activities associated with used cars, these measures shall apply.
    Used cars in these measures refers to completing registration to the national force from scrap trading standards and transfer of ownership of the car (including three-wheeled vehicle, low-speed trucks, the former farm transport vehicle, the same below), trailers and motorcycles.
    Article used car market means established by law, in order to provide used car buyers and sellers focused on trading and related services in place.
    Fourth used car business subject refers to the Administrative Department for industry and commerce shall be registered, used car sales, auction, brokerage, appraisal and evaluation of the enterprise.
    Article fifth used car management refers to used car sales, auction, brokerage, appraisal, etc.
    (A) used cars distribution is refers to used cars distribution Enterprise acquisition, and sales used cars of business activities; (ii) used cars auction is refers to used cars auction enterprise to public bidding of form will used cars transfer to highest should price who of business activities; (three) used cars brokers is refers to used cars brokers institutions to charged Commission for purpose, for contributed to others trading used cars and engaged in broker, and line JI or agent, business activities;
    (D) the used car appraisal refers to used cars used car appraisal agencies identify technology and its value evaluation of business activities. Sixth used cars direct trading refers to used car owners are not through marketing firms, auction companies and brokers to sell vehicles directly to the buyer's dealings.
    Used cars direct trading in the used-car market.
    Seventh State Council departments in charge of Commerce, industry and commerce administration departments, tax departments in their respective areas of responsibility in the work related to supervision and management is responsible for the flow of used cars.
    Provinces, autonomous regions, municipalities and cities with municipal departments in charge of Commerce (hereinafter referred to as the provincial departments in charge of Commerce), industry and Commerce Administration Department, tax department within the scope of their respective duties and responsibilities of area used car flow supervision related to work.
    Chapter II establishment of conditions and procedures article eighth used car market operators, used car distribution business and agency shall meet the corporate requirements and to register with the Administrative Department for industry and commerce in accordance with law.
    Nineth article used cars identification assessment institutions should has following conditions: (a) is independent of intermediary institutions; (ii) has fixed of business places and engaged in business activities of necessary facilities; (three) has 3 name above engaged in used cars identification assessment business of professionals (including this approach implementation zhiqian made national career qualification certificate of old motor vehicle identification valuation Division); (four) has specification of regulations.
    Tenth article established used cars identification assessment institutions, should by following program handle: (a) applicants to intends established used cars identification assessment institutions location provincial business competent sector proposed written application, and submitted meet this approach Nineth article provides of related material; (ii) provincial business competent sector since received all application material of day up 20 a days within made whether be approved of decided, on be approved of, issued used cars identification assessment institutions approved certificate; not approved of, should description reason;
    (C) the applicant holds the used car Appraisal Institute registration of certificate of approval to the Administrative Department for industry and commerce. 11th foreign investment established used car market, marketing firms, broker, appraisal agencies the applicant, shall be held separately in accordance with article eighth and Nineth provisions and the measures for the Administration on foreign investment in the commercial sector, foreign investment law related materials submitted to the provincial departments in charge of Commerce. Provincial-leveled Commerce authorities for examination and then within 1 month from the date of receipt of all application materials submitted to the State Council departments in charge of Commerce. Joint-venture Chinese national plan separate business groups can submit application materials directly to the Business Department.
    Commercial administrative department under the State Council within 3 months of receipt of all application materials in conjunction with the industrial and commercial administrative departments, make a decision on whether to approve, for approval, of the issue or renewal of the certificate of approval for foreign-invested enterprises; not approved, reasons shall be given.
    Applicants holding the certificate of approval for foreign-invested enterprises to the Administrative Department for industry and commerce registration.
    12th established used car auction companies (including enterprises with foreign investment used car auction) shall comply with the People's Republic of China auction law and relevant provisions of the auction management, and according to the administrative measures for the auction procedure.
    13th m used car market and main business and established foreign-funded enterprises increased used-car business, according to the procedures provided for in 11th and 12th.
    Chapter III code of conduct article 14th used car market operators and used car business entities should operate in accordance with law and taxes, abide by business ethics, accept supervision and inspection according to law. 15th used car seller shall have the right to the ownership or disposal of the vehicle.
    Used cars and used car trading market operators operating body shall confirm the identity of the seller, vehicle license plates, vehicle registration certificate and the motor vehicle driving certificate, valid motor vehicle safety inspection certificate, proof of vehicle insurance policies, pay taxes, etc.
    State organs, State-owned enterprises at the time of sale, consignment auction vehicles, should hold the assets of the unit or parent unit issued certificate.
    16th sale, auction not ownership or disposal of the vehicle, shall bear the corresponding legal responsibility. 17th used car seller shall provide the buyer with the use and repair of vehicles, accident, inspection and registration of mortgages, pay taxes, end of life, such as truth and information.
    Buyer's purchase of vehicles due to the seller of concealment and fraud cannot handle the transfer of registration, seller shall unconditionally accept back cars, and returned the car and other expenses.
    Article 18th when selling used cars used car distribution enterprises shall provide the buyer with quality guarantee and after-sales service commitment and express it in the business place. Article 19th second-hand shall enter into a contract.
    Contract demonstration text formulated by the Administrative Department for industry and commerce under the State Council.
    Article 20th used cars all vehicles sold is entrusted, shall be signed with the trustee Attorney.
    21st article delegate used cars brokers institutions purchase used cars Shi, both should by following requirements for: (a) client to used cars brokers institutions provides legal identity proved; (ii) used cars brokers institutions according to client requirements select vehicles, and timely to its informed market information; (three) used cars brokers institutions accept delegate purchase Shi, both signed contract; (four) used cars brokers institutions according to client requirements on behalf of handle vehicles identification assessment, identification assessment by occurred of costs by delegate people bear. 22nd used-car transactions completed, seller shall promptly deliver to buyer a vehicle, license plate and vehicle statutory certificates and vouchers.
    Statutory certificates, certificates of vehicles include: (a) of the motor vehicle registration certificate and (b) of the motor vehicle driving license and (iii) a valid motor vehicle safety inspection certificate (iv) vehicle purchasing tax clearance certificates (v) maintenance fee payment voucher (vi) vehicle tax payment certificate; (VII) vehicle insurance policy. 23rd article following vehicles ban distribution, and sale, and auction and brokers: (a) has scrap or reached national forced scrap standard of vehicles; (ii) in mortgage during or without customs approved trading of Customs regulatory vehicles; (three) in court, and people's Procuratorate, and administrative law enforcement sector law seized, and seized during of vehicles; (four) through theft, and robbery, and fraud, illegal crime means get of vehicles; (five) engine number, and vehicles recognition code or frame number and registration number not match,
    Vehicles signs or chiseled; (f) smuggling, illegal fight (s) loaded vehicle; (VII) do not have certificates, certificates of vehicles listed in section 22nd; (VIII) in jurisdictions other than the public security traffic Administrative Department of registration of the vehicle; (I) prohibited by national laws, administrative regulations and operation of vehicles.
    Used car market operators and vehicles used car business entities found to have (d), (e), (f) circumstances, shall promptly report to the public security organs, industrial and commercial administrative departments and other law enforcement agencies.
    For trading illegal vehicles, used car market operators and used car business entities shall bear joint and several liability and other corresponding legal responsibility.
    24th when sales, auction company auctions used cars used car distribution business, shall be provided to the buyer issued uniform invoices produced by the tax authorities.
    Used cars directly and through used car used car broker transactions shall be issued by the used car market operators to the buyer in accordance with the regulations uniform invoice produced by the tax authorities.
    Upon completion of 25th used car trade, vehicle owner shall use uniform invoice produced by the tax authorities, according to the relevant laws, regulations, provisions of transfer of registration procedures. Article 26th used cars used car business should be the main trading market operators provide fixed premises and facilities, and to provide used car appraisal, transfer procedure such as registration, insurance, tax conditions.
    Used car distribution enterprise, the Agency shall, in accordance with customer requirements, transfer agent used car appraisal, registration, insurance, taxes and other procedures. 27th used car appraisal should be in line with both buyers and sellers the principle of voluntary, not forced; used cars is a State-owned assets should be carried out according to relevant regulations of the State appraisal.

    28th used car evaluation agencies must follow an objective, true, fair and open principles, according to the national legal regulations used car appraisal service, vehicle appraisal report issued and vehicle technology in the evaluation report, including whether the contents are vehicle accident liability.
    Article 29th used car appraisal agencies and personnel according to relevant regulations of the State concerned, vehicle identification and assessment of business.
    30th used car market operators and used car business entities shall establish a complete used car trading buying and selling, buying and selling, auctioning, brokerage and appraisal file.
    31st established used car market, used car distribution business to open a shop, shall conform to the local urban development and the relevant provisions of the commercial development of the city.
    The fourth chapter 32nd used cars to supervision and management supervision and administration of circulation following break monopoly, encourage competition, to promote development and principles of fairness, impartiality and openness. Article 33rd and subject filing system for managing used car used car trading market operators. Where the Administrative Department for industry and commerce shall be registered, obtaining the business license of the used car market operators and used car business entities shall, within 2 months from the date of obtaining the business license provincial-leveled Commerce departments.
    Provincial-leveled Commerce departments used car market operators and used car business entities relevant for the record submitted to the commercial Administrative Department of the State Council on a regular basis. Article 34th to establish and perfect used car information report, published for circulation systems. Used car market operators and management bodies shall regularly used cars used car trading, trading volumes and other information through the local commerce authorities submitted to the provincial Department of Commerce. Provincial departments of commercial administration above information summary submitted to the commercial Administrative Department of the State Council.
    Commercial Administrative Department of the State Council announced to the public on a regular basis national used car information.
    35th competent commercial departments, industrial and commercial administrative department shall, within their respective mandates, to take effective measures to strengthen supervision on the used car market operators and business entities, and to investigate and punish violations, maintaining market order and protecting the legitimate rights and interests of consumers.
    Article 36th Administration for industry and commerce under the State Council in conjunction with the competent commercial departments established used car market operators and used car business credit files regularly announce the list of violators.
                      Fifth chapter schedule 37th article this approach since October 1, 2005 up purposes, original Commerce Office on specification old motor vehicle identification assessment management work of notification (business built word [2004] 70th,), and on strengthening old motor vehicle market management work of notification (country trade trade [2001]1281,), and old motor vehicle trading management approach (domestic machine word [1998] 33rd,) and the accordingly released of various file while abolition.

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