(On March 12, 2004 national quality supervision test quarantine General, and national development and Reform Committee, and commerce, and Customs makes 60th, released) first chapter General first article for strengthening on defects car products recalled matters of management, elimination defects car products on using who and the public personal, and property security caused of dangerous, maintenance public security, and public interests and social economic order, according to People's Republic of China products quality method, legal developed this provides.     Article in the People's Republic of China engaged in automobile production, import, sales, rentals, repair activities, these provisions shall apply.     Article auto product manufacturers (importers) to its production (imports) of defective vehicle product recall obligations according to the provisions, and bear the costs of eliminating defects and necessary transportation costs; vehicle manufacturers, rentals, repair recall should assist manufacturers in meeting obligations.     Article fourth of automotive products sold when there is a defect in these rules, manufacturers voluntarily recalled in recall procedures or instructions in accordance with the requirements of organizing the implementation of defect automobile product recall.     Requirements of the national car industry, according to the needs of economic development and management, according to automotive products step by step implementation of defect automobile product recall system.     State encourages car manufacturers with reference to these rules of defect automobile products other than quality issues and recall activities.     Automotive products mentioned in the fifth article of the regulations, in accordance with national standards, used for the carriage of persons, cargo, road vehicles driven by power or traction.     Defects in these rules refers to as design, manufacturing, and other causes while in a batch, model or type of car products of common identity in threatening personal and property safety of unreasonable risk, or does not comply with the relevant national standards for vehicle safety.     Manufacturers in these rules, means registered in China, manufacturing and Assembly of automotive products and issue certificates on behalf of the enterprise, as well as the manufacturing, Assembly of automotive products have been sold to foreign companies in China. Importers in these rules, from foreign imports of automotive products to enterprises in China.     Importers were almost identical for the car manufacturer.     Seller mentioned in these regulations, means sales of automotive products, and payment, invoice business.     Leasing business in these rules, that provide products for others to use, natural persons, legal persons or other organizations that rent.     Fixed in these rules, for automotive products to provide maintenance and repair services to businesses and individuals.     Referred to in these provisions on manufacturers, importers, distributors, rental, repair, service provider business, collectively called the operator.     Owners in these rules, and is not for resale purposes, shall have the vehicle ownership or the right of a natural person, legal person or other organization.     Recall in these rules, in accordance with the requirements of the program, by the manufacturers of defective automotive products (including importers, hereinafter the same) way of option, will repair, replace or recover its product may cause personal injury, property damage, defects in process.     Sixth chapter of defective automotive recall management the State General Administration of quality supervision, inspection and quarantine (hereinafter referred to as departments) responsible for national organizations and of defective automotive recall management.     The national development and Reform Commission, the Ministry of Commerce, the General Administration of customs and other relevant departments of the State Council, within the scope of their respective duties, cooperate with the competent departments of defective automotive recall management.     All provinces, autonomous regions and municipalities directly under the quality and technical supervision Department and the inspection and quarantine agencies (hereinafter referred to as local administration) responsible for organizing the supervision over defective vehicle recalls within their respective administrative regions.     The seventh period of defect automobile product recall, vehicle for the delivery of the first owner, to check car manufacturer warranties for the safe use of vehicle manufacturer does not explicitly use-, or explicit use-less than 10 years, since the manufacturers automotive product deliveries to the first 10 days of owners.     Automotive safety parts and wearing parts, express's terms of use for the recall limit tire recall for a period of 3 years from the delivery date of the first owner.     Eighth article judge car products of defects including following principles: (a) by test institutions test security can exists not meet about car security of technology regulations and national standards of; (ii) for design, and manufacturing Shang of defects has to owners or others caused personal, and property damage of; (three) is not caused owners or others personal, and property damage, but by detection, and experiment and argument, in specific conditions Xia defects still may raised personal or property damage of.     Nineth defect automobile product recall in accordance with the manufacturer voluntarily recalled and instructions recall two procedures to the competent Department.     Manufacturers found themselves, or through the information systems within the enterprise, or through distributors, repairers and owners and other interested parties on its cars product defect reports and complaints, or notified by the competent departments of the known flaw can be recalled after the plans in departments, voluntary recall program in accordance with this provision, implementation of defect automobile product recall.     Manufacturer informed of voluntary recall action was taken by the presence of defects, or intentionally concealing defects by the manufacturer, or an inappropriate approach to product defects, the competent authorities shall require manufacturers follow the instructions and recall procedures for defect automobile product recall. Tenth Department jointly with other relevant departments of the State Council the establishment of defect automobile product information systems, is responsible for the information collection, analysis and treatment of defects.     Operators shall provide the competent authorities and the establishment of information system report of automotive product defect-related information. 11th authorities shall employ expert Expert Committee and by the Committee of experts on the implementation of the car product defect investigation and determination. According to the recommendation of the Committee of experts, the competent authorities may authorize a nationally recognized automotive product quality inspection organizations, implementation of the product defect detection.     Departments in charge of the Committee of experts.     12th Department to monitor the recall process carried out by the manufacturer, according to local management institutions need to be deployed to carry out the recall of the monitoring work.     13th manufacturer or competent authority has confirmed the car defective product information and recall information, shall be the competent authority in the media to the public.     14th of defective vehicle product information systems and specifies the media release of defective vehicle product recall information should be objective, fair and complete.     15th of defective automotive recall management authorities and local bodies and expert committees, the inspection body and its staff, in the process of investigation, identification, inspection, shall comply with the impartial, objective, equitable and legal principles, conservative enterprises technology and inspection of defect investigations, secrets; without the consent of authorities, it may not disclose related information. The third chapter operators and the obligations of the parties related to the 16th article manufacturers should be in accordance with the national standard of the road vehicle identification number (GB/T16735-16738) provided in each factory Veh annotations permanent vehicle identification code (VIN), shall establish and archive records relating to save vehicle and owner information.     The above information should be specified by the competent authority at any time record (see annex 1).     Manufacturers shall establish and collect management system for product quality, product defects, saved records. Manufacturer automotive products technical service communications system should be established, containing the relevant vehicle troubleshooting methods, vehicle maintenance and repair methods, serving owners, dealers, rental dealers, repairers.     Information shall be filed with the competent authority record.     Manufacturers shall cooperate with the competent authorities on the investigation of product defects that may exist, provide relevant information required to assist in the necessary technical tests.     Manufacturer shall report to the competent authorities of its automobile defects of products; not to misuse its car defects.     Manufacturers shall provide the owner, seller, lease provided the provisions set out in annex 3 and annex 4 of the file reports for their car after a defective product.     17th vendors, rental, repair, service provider shall provide the manufacturer and automotive products Department report found that information about defects that may exist, cooperate with the relevant authorities, provides relevant information needed during investigation, and recall of defective automotive products manufacturers.     18th owners right to competent authorities, the operators complaints or reflect product defects, and may make a request to the competent authorities to carry out recommendations of the defective product recall investigations.     Owners shall cooperate with the manufacturer of defect automobile product recall.     19th no unit or individual shall have the right to inform the competent departments and local authorities report product defects that may exist.     Department for product defects that may exist when conducting investigations, the relevant units and individuals shall cooperate. Fourth chapter car products defects of report, and survey and confirmed 20th article manufacturer confirmed its car products exists defects, should in 5 a days within to written form to competent sector report (written report format see annex 2); manufacturer in submitted above report of while, should in 10 a days within to effective way notification manufacturers stop sales by involved of defects car products, and will report content notices manufacturers.     Overseas manufacturers shall, within 10 working days notify importers stopped importing defective automobile products in an efficient manner, and the contents of the report submitted to the Ministry of Commerce and their importers.     Dealers, rental dealers, repairers found in car of their products might be flawed, or receiving the owner's car there may be complaints of defective products shall be promptly reported to the manufacturers and the competent authorities (writing format is contained in annex 3 of the report).     Owners found that automotive products might be flawed, are effective ways to departments of manufacturers or complaints or reports (written report form is shown in Appendix 4).     Other units and individuals found product defects that may exist in the light of the above-mentioned Annex content and format of reporting to the competent authorities.     21st authorities received a manufacturer about defective automotive products and in accordance with Annex 2 of the report, in accordance with active fifth chapter of defective vehicle product recall procedures.     22nd the supervisory departments according to their assigned information systems to provide analysis, dealing with the report and its recommendations, when necessary, information related to defects can be notified in writing to the manufacturer, and requirements within the time specified in the manufacturer to confirm whether its product defects and the need for a recall.     23rd maker in receives notification issued by the competent authority in accordance with article 22nd, and recognizes the car after a defective product, shall, within 5 working days 2 report of the format of the written report submitted to the competent authority, and in accordance with the fifth chapter of defective vehicle product recall voluntary recall proceedings.     Manufacturer can demonstrate that their products do not need to recall, should provide a detailed report to the competent authority, the competent authorities should continue to be followed.     24th manufacturer in 23rd in the report referred to in article does not provide sufficient evidence or insufficient documentary evidence to substantiate their automotive products are not defective and don't recall, investigation and identification of the competent authority shall organize the Committee of experts, manufacturers can send representatives to explain the situation.     Deemed necessary, the competent authority can entrust the State-sanctioned automobile quality inspection agencies to test automotive related products. Competent authority according to the Committee of experts observations and test results to confirm their defective product, it shall notify the manufacturer, the active recalls, defects identification, inspection and other costs borne by the manufacturer.     If the manufacturer refuses to voluntarily recalled, the competent authority shall order the manufacturer in accordance with the provisions of the sixth chapter instructions recall program.     Fifth chapter defects car products active recalled program 25th article manufacturer confirmed its production and has sold of car products exists defects decided implementation active recalled of, should by this provides 20th article or 23rd article of requirements to competent sector report, and should timely developed including following basic content of recalled plans, submitted competent sector record: (a) effective stop defects car products continues to production of measures; (ii) effective notification manufacturers stop wholesale and retail defects car products of measures;     (C) effectively notified owners of the defects of the specific content and dealing with defects, such as the time, place and method of and (d) objectively predict recall effect.     Foreign manufacturers should also submit a valid measures to notify the importer to stop import of defective automotive products. 26th manufacturer to the competent authorities and shall immediately be automotive products defects, possible injury and its precaution, recall etc to effectively inform the importers, dealers, rental dealers, repairers and car owners, and notify the manufacturers to stop selling the relevant product, importers to stop imports of automotive products.     Manufacturer shall set up a telephone hotline to answer parties asked, and published on the website of the competent authority defects available in the public domain.     27th manufacturer in accordance with Annex 2 on the 25th is due within 1 month from the date of the report, develop recall notice (see annex 5), to the competent authorities and inform the manufacturers, rentals, repairs, service provider and owner, and started the recall programme.     28th after the scheduled completion of defect automobile product recall the manufacturer shall be submitted to the competent authority within 1 month recall summary report (see annex 9).     29th departments shall supervise the voluntary recall action taken by the manufacturer, to assess recall effect, and to put forward opinions.     Authorities think that the recall may not have the desired effect, may notify the manufacturer to conduct a recall or to take other remedial measures. Sixth chapter defective automobile products instructions recall program 30th departments in accordance with article 24th survey, car inspection, identified a defective product, and the manufacturer refused to recall, recall notice shall promptly send to the manufacturer instructions (see annex 6). Certification and accreditation supervision and Administration Department shall order the certification body suspension or recovery of automobile product compulsory certification. On foreign-made cars, authorities in conjunction with the Ministry of Commerce and the General Administration of Customs issued on defective automobile products, the announcement of the moratorium on the importation, customs stopped for defective automotive products import customs formalities.     On defective automobile products before the moratorium announcement, have been shipped to China is still on the way, or have reached the uncompleted customs procedures for defective automobile products in China, according to relevant provisions of return procedures of customs by importers.     Competent authority according to the severity of the defect and elimination of defects of the urgency, decide if you need to immediately inform the public about product defects of and the emergency treatment to avoid damage and other related information. 31st manufacturer shall, on receiving the competent departments instructions within 5 working days from the date of the notice of the recall, inform the manufacturers to stop selling the defective automobile products, within 10 business days on dealers, vehicle owners were issued with information about authorities notify the defects of the vehicle.     Overseas manufacturers shall, within 5 working days notify importers stopped importing the defective automobile products. Manufacturer on the decision of the competent Department disagrees with the specific administrative act may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.     In the course of administrative reconsideration and administrative litigation, recall notification on the manufacturer to the competent authority not to implement, but manufacturers still have to fulfill the obligations prescribed in the preceding paragraph.     Article 32nd manufacturer received a Department directive on defective automobile products recall within 10 working days from the date of the notice, should be submitted to the competent authority in accordance with the provisions of article 25th of relevant documents.     33rd supervisory departments shall, after receipt of the defective vehicle product recall plan will review the results within 5 working days notify the manufacturer. Authorities approved the recall program, the manufacturer shall, within 1 month from the date of receiving the notification of the approval, based on the approved recall plan notice of defective vehicle products recall (see annex 5), to the dealers, rental dealers, repairers and vehicle owners were issued with the notice of recall, and submitted to the competent authorities for the record.     Recall notices shall be the competent authority in the newspaper continuously published 3 issues recall on the competent authority's website released.     Authorities did not approve the recall plan, modify comments should be submitted by the competent authorities by the manufacturer, and again within 10 working days of receipt of the notification to the competent authorities to submit revised recall program, until the approval of the competent authorities so far.     Article 34th manufacturers should issue a recall notice from the date initiated recalls and recall deadlines.     Manufacturers have reasonable grounds for recall cannot be completed within this period, periods of application should be submitted to the competent authority, the competent authorities may apply for appropriate extension of the recall period according to the manufacturer.     35th manufacturer date of recall notices should be spontaneous, every 3 months and submitted to the competent authority in accordance with the specified requirements (see annex 7) recall of periodic progress reports; authorities according to the recall action, decision makers should take more effective recalls. Article 36th each complete recall of defective vehicles, manufacturers should keep in line with this requirement (see annex 8) recall records.     Recall records in duplicate, and hand a copy to the owner saved a copy kept by the manufacturer.     37th manufacturer after recalls have been completed according to plan, should be submitted to the competent authority within 1 month recall summary report (see annex 9). 38th supervisory departments should review the recall summary reports submitted by the manufacturer, and to notify the manufacturer in writing within 15 working days to review conclusions.     Conclusions of the review should be announced to the public.     Authorities think that the recall may not achieve the desired effect, and may order the manufacturer to take remedial measures, recall again. If the manufacturer disagrees with the conclusions of the review, may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.     In the course of administrative reconsideration or administrative proceedings, authorities decided not to perform.     39th supervisory departments should timely publication of manufacturers in China for faulty auto recall, recalled the effect its findings and other relevant information, through the designated website, providing relevant information for the query.     Competent authorities shall notify the Department of Commerce and the General Administration of customs imports recall of defective cars.     The seventh chapter penalty 40th manufacturer in violation of the provisions of article diyi、er、San、sikuan provisions of the 16th article, does not undertake corresponding obligations, the quality supervision and inspection and quarantine departments shall instruct their correction, and warning.     41st dealers, rental dealers, repairers in violation of the relevant provisions of article 17th, does not undertake corresponding obligations, the quality supervision and inspection and quarantine departments have the discretion to impose a punishment such as warnings, shall be ordered to correct serious cases, sentenced to between 1,000 yuan and 5,000 yuan fine.     42nd article has following case one of of, competent sector can ordered manufacturer again recalled, informed criticism, and by quality supervision test quarantine sector sentenced 10,000 yuan above 30,000 yuan following fine: (a) manufacturer deliberately hide defects of severity of; (ii) tries to using this provides of defects car products active recalled program, avoid competent sector supervision of; (three) due to manufacturer of fault led recalled defects products not reached expected purpose, caused damage again occurred of.     Article 43rd vehicles management functions of regulatory bodies and their staff, commissioned by them the defect investigation, inspection and accreditation of staff, favoritism, breach of the confidentiality provisions and penalties directly responsible of favoritism and corruption, to constitute a crime, criminal responsibility shall be investigated according to law.     Relevant experts to commit perjury, false testing reports issued by inspectors, or fabrication of spreading false information, cancel the corresponding qualification, causing damage, liability constitutes a crime, criminal responsibility shall be investigated according to law.     The eighth chapter supplementary articles article 44th implementation of defect automobile product recall the manufacturer, not relieve owners and other injury to victims of defective vehicle product, its other legal responsibilities.     45th article of the rules by the State General Administration of quality supervision, inspection and quarantine, the State development and Reform Commission, the Ministry of Commerce, General Administration of customs, within the scope of their respective duties to interpret.       46th article of the regulations come into effect on October 1, 2004.  附件1：       附件2：       附件3：       附件4：       附件5：       附件6：       附件7：       附件8：       附件9： ___________________________________________