(February 21, 2005 by Ministry of Commerce, the national development and Reform Commission, the State administration for industry and Commerce announced 2005 10th as of April 1, 2005) Chapter I General provisions article to regulate the auto brand sales, promote the healthy development of the automobile market, protect the legitimate rights and interests of consumers, in accordance with relevant laws, administrative regulations, these measures are formulated.
    Article in the People's Republic of China auto brand sales activity within the territory governed by this approach.
    Article auto brand sales in these measures refers to brands of the automotive suppliers or their authorized dealers, used uniform shop name, logo, trademark, engaged in the operation of the vehicle.
    Automotive supplier is defined as a car brand dealer automotive resource business, including auto manufacturers, auto dealer.
    Car dealers refer to auto suppliers authorized, according to the auto brand sales mode engaged in automobile sales and service activities of the enterprises.
    Automobile dealers refer to domestic and overseas car manufacturers authorized, established brands in the territory sales and service network, enterprises engaged in automobile distribution activities.
    Article fourth domestic and overseas car manufacturers produce sold in car, should establish and improve the auto brand sales and service system, improve the level of marketing and services. Article fifth supplier of automotive brands should be established sales and service network plan (hereinafter plan).
    Network planning including: business forecasting, network layout, network construction and built shops, software, hardware, service standards, and so on. Article sixth of the same brand network generally consists of a domestic enterprise development and implementation.
    Car manufacturers can direct the development and implementation of a network in the territory plan, automobile dealers in the territory may be authorized to develop and implement network planning overseas auto manufacturers selling cars in the territory, to authorize the territory of enterprises or companies established according to relevant regulations of the State in the territory as its car Distributor, the development and implementation of network planning.
    Article seventh commercial Administrative Department of the State Council responsible for national auto brand sales management, within its terms of reference, administration for industry and commerce under the State Council is responsible for supervision and administration of brand sales.
    Provinces, autonomous regions, municipalities, cities with municipal departments in charge of Commerce (hereinafter referred to as the provincial Commerce authorities), local industrial and commercial administrative departments within the scope of their respective duties, is responsible for the supervision and administration of brand sales in the Pro RC. Chapter II General automobile dealer, brand distributors set up eighth vehicle dealer shall comply with the following conditions: (a) have the status of enterprise legal persons; (b) the written authorization of the vehicle manufacturer, owns distribution rights to a particular brand, (iii) professional automobile marketing capabilities.
    Including market research, marketing plans, advertising, networking and guidance, products and services, and technical training and advice, spare parts supply and logistics management.
    Foreign-invested automobile dealer in addition to meeting the above requirements, shall conform to the relevant provisions of the foreign investment management.
    Nineth article car brand dealer should meet following conditions: (a) has enterprise corporate qualification; (ii) get car suppliers brand car sales authorized; (three) using of shop name, and identifies and the trademark and car suppliers authorized of phase consistent; (four) has and business range and scale phase adapted of site, and facilities and professional technicians; (five) new opened shop meet location city development and the city commercial development of about provides.
    Foreign investment in auto dealers in addition to meeting the above requirements, shall conform to the relevant provisions of the foreign investment management.
    Article tenth established total car dealers, dealers should be according to the following procedures shall be followed: (a) automobile dealer applicants will meet the eighth article of the relevant material submitted to the Administrative Department for industry and commerce under the State Council for the record.
    (B) the automotive supplier will comply with article Nineth car brand dealer related material of the applicant submitted to the Administrative Department for industry and commerce under the State Council for the record. (C) foreign investment in auto dealer applicants respectively, brand dealers will be in line with article eighth, Nineth provisions and the relevant provisions on the administration of foreign investment-related materials, shall submit the proposed establishment of automobile dealers and dealers provincial Commerce authorities. Provincial-leveled Commerce departments to submit material for examination and then within 1 month of receipt of the complete 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, to the applicant of the issuance or renewal of the certificate of approval for foreign-invested enterprises; not approved, reasons shall be given.
    Foreign mergers and acquisitions total vehicle distributors, dealers and has established the business scope of foreign-funded enterprises to increase brand sales, according to the procedures in the preceding paragraph.
    11th State Council departments of commercial administration, industry and Commerce Administration Department may authorize the auto industry association, organizations applying for the establishment of the Committee of experts General automobile dealer, brand dealers assess the qualifications, assessment as a reference for approval and record.
    12th after the State Council administration for industry and commerce to accept the application, examine relevant documentation, eligible, be filed.
    13th General automobile dealer, brand dealer applicants should be filing or the foreign invested Enterprise approval certificate to the local industry and Commerce Administration Department registration.
    Administration of industry and Commerce auto dealer, dealers business scope approved at the "brand car sales."
    14th General automobile dealer, brand dealers involving brand change should be according to the procedures laid down in article tenth, 13th register such changes.
    15th brands authorized dealer chain auto suppliers should be made, and according to the procedure provided for in article tenth, 13th.
    Car dealers, dealers set up auto brand sales activities of unincorporated branches, shall take the auto supplier to its mandate and agreed to the establishment of written materials, to register with the local administration for industry and commerce.
    Foreign-funded automobile dealers, dealers set up non-branch should be according to the procedure provided for in article tenth.
    16th December 11, 2006, foreign investors in the territory of the same car brand sales today and shop more than 30 per cent, funded ratio shall not exceed 49%.
    Chapter III automotive suppliers code of conduct article 17th automobile supplier should be provided for car dealer auto resources and auto manufacturer's own service mark, implementation of network planning. Article 18th automobile supplier shall strengthen the management of brand sales and service network, standardize sales and after-sales service, and inform the public of its authorized and unauthorized auto brand sales and service company list.
    Without auto brand sales, or does not have the operating conditions of the Enterprise shall provide resources.
    Article 19th auto suppliers shall provide the consumer with quality and service commitment, announced to the public in a timely manner discontinued models, within a reasonable time and to take positive measures to ensure spare parts supply.
    Auto supplier may not supply and sales do not meet national safety standards, not included in the road car of the motor vehicle manufacturers and product announcements. 20th auto suppliers should be rational layout of the auto brand sales and service outlets.
    Car brand and its supporting parts supply and after-sales service network must not exceed 150 km apart. 21st auto suppliers should be authorized to operate contracts with the auto dealers.
    Authorized management contract should be fair and impartial, there shall be no discriminatory provisions on car dealers.
    Article 22nd unless otherwise stipulated in the contract, car vendors within the car brand dealer sales area may not sell cars directly to the user.
    23rd auto suppliers should be under the car brand dealer service function provides the appropriate marketing, promotion, after-sales services, technical services, such as business training and technical support.
    24th car suppliers must not interfere with car dealers in business outside of the contract construction, equipment acquisition and operating activities, shall not impose the sales quantity and brands tying.
    Code of conduct article 25th fourth chapter car dealers car dealers at automotive supplier authorized brands within sales, service, spare parts supply and other activities.
    Article 26th car dealers should strictly abide by contract with the supplier authorized to operate, using automotive suppliers car manufacturer's own service mark, maintenance of supplier's corporate image and brand image, improve brand car sales and service.
    27th car dealers must operate places of prominence set the automotive supplier authorized to use the shop names, logos, trademarks, and may not in any form of non-licensed car business.
    28th unless licensed by the authorized supplier of automotive, car dealers can only be brand car sales directly to end users.
    29th car dealers should be explicitly in the place of business to consumer auto warranty and after-sales service contents, press cars supplier management contract and service requirements, provide the appropriate service, and accept the consumer oversight.
    30th car dealers should be explicitly in the premises operated by brand price and fees and standards comply with the price laws and regulations, implementation of price.
    31st auto dealers may sell does not meet national safety standards, not included in the road car of the motor vehicle manufacturers and product announcements. Article 32nd car brand dealer shall establish a sales business, information such as the user profile management system, accurate and timely reflection of the regional sales trends, user requirements, and other relevant information.

    Supervision and administration of the fifth chapter 33rd domestic automobile production company transfers sales rights to other corporate bodies, apart from the required approval of the Commerce Department, required approval of the original project approved by the approving authorities. Article 34th General automobile dealer, brand dealer record-keeping system. Eligible under the established conditions and obtaining the business license of the car dealer shall, within 2 months from the date of obtaining the business license business departments of the State Council who meet the established requirements and obtaining the business license of the car brand dealer shall, within 2 months from the date of obtaining the business license provincial departments in charge of Commerce.
    Provincial departments in charge of Commerce car brand dealer related record should be regularly submitted to the commercial Administrative Department of the State Council. 35th auto suppliers should be authorized car dealers use the shop names, logos, trademarks, and other related materials business by the State authorities and industrial and commercial administration departments for the record.
    Import car Chinese endorsement of the use of the brand name should be consistent with the State quality and technical supervision departments for the record. Article 36th before October 1, 2005, the automotive supplier prior to the implementation of these measures should be established to confirm the car sales business, and will confirm the list of automobile distributors, dealers and brand licensing, Enterprise registration submitted to the State Council departments and industrial and commercial administrative departments in charge of Commerce. Certified car dealer, brand distributors to the local industry and commerce administration authorities apply for alteration registration procedures.
    Its business scope approved by the Administrative Department for industry and commerce as "brand car sales."
    Unidentified auto sales companies applying for auto brand sales activities shall be according to the procedure provided for in article tenth, 13th.
    37th on the violation of the provisions of article 18th, 28th, the Administrative Department for industry and commerce shall order rectification, automotive supplier new branded points of sale and suspend approval.
    For violations of other provisions in these procedures, administration for industry and commerce in accordance with the relevant laws and regulations be investigated and prosecuted.
    38th State Council administration for industry and commerce shall be according to the tenth, 13th and 36th article, handled through car dealers, list of dealers to the public in a timely manner.
    39th competent commercial departments and industrial and commercial administration departments should, within their respective mandates, to take effective measures to strengthen the supervision and control over auto trade, automobile trade market, to investigate and punish illegal business, maintain market order, protect the lawful rights and interests of consumer and automotive suppliers, dealers.
    40th industrial and commercial administration departments of the State Council in conjunction with the competent commercial departments set up auto suppliers, dealers credit file, announce the list of violators.
    41st Association of automobile industry to develop industry standards, strengthen guidance and oversight and self-regulation work.
    42nd commercial administrative department under the State Council should strengthen the auto industry association experts Committee of the Organization of the supervision and management of the assessment work, irregularities in the assessment work of the Committee of experts to stern.
    Sixth chapter supplementary articles article 43rd since the effective date of these measures apply to passenger cars with effect from December 1, 2006, apply to all cars in addition to special-purpose vehicles.
    44th article this way, the term "car", "car", "private vehicle" means the People's Republic of China national standard terms and definitions of the types of motor vehicles and their trailers (GB/T3730.1-2001) definitions of vehicles.
    Article 45th formed the Committee of experts of the automotive industry association and car dealers, brand dealer qualifications assessment implementation rules formulated by the Association of automobile industry, commercial administrative department under the State Council for approval before implementation.
                                                                                            46th article of the rules as of April 1, 2005.