Fushun City, Second-Hand Car Circulation Management

Original Language Title: 抚顺市二手车流通管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201110/20111000351898.shtml

Fushun city, second-hand car circulation management

    (June 14, 2011 Fushun municipal people's Government at the 29th Executive meeting on June 21, 2011 158th Fushun city people's Government promulgated as of August 1, 2011) Chapter I General provisions

    , Used car, first to strengthen the management, specification used car business practices, promote the healthy and orderly development of second-hand car circulation, according to the relevant laws and regulations, combined with the city's actual, these measures are formulated.

Article within the administrative area of the city in the used car trade and related activities governed by this approach.

    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 that the original agricultural vehicles), trailers and motorcycles.

Article city, County (district, development zone) business management departments, public security departments and industrial and commercial administration departments, tax departments, law enforcement departments, within the scope of their respective duties is responsible for the supervision and administration of circulation of used cars in the area.

    Municipal Services Committee is the city of commerce management.

    Article fourth used car industry should follow the overall planning, rational distribution, standardize management, principles of orderly development, used-car transactions should follow the principle of honest, trustworthy, fair, open, strictly dominate, buy sell, fraud, collusion, extortion and other illegal activities.

    Chapter II establishment

Article fifth used car market should meet the following conditions:

(A) business in the city development plan;

(B) the operators to meet the corporate requirements; (C) fixed trading place, with legitimate commercial use formalities.

Established within the city area, trading floor area of not less than 100,000 square meters, the floor not less than 500 square meters; established within the County, trading area of not less than 20,000 square meters, the floor not less than 300 square meters;

(D) for the used car business entities to provide the necessary service facilities and venues, should be set within the field inspection area, exhibition area, rest area, trading floor and other specific areas;

    (E) to provide office space for the public security departments, tax departments.

Sixth established used car sales Enterprise shall satisfy the following conditions:

(A) business in the city development plan;

(B) meet the corporate requirements;

(C) a fixed place of business, created within the city area, site area of not less than 500 square meters; established within the County, place of business no less than 300 square meters;

    (D) the necessary service facilities.

Article seventh used car appraisal Agency shall satisfy the following conditions:

(A) is an independent agency;

(B) a fixed place of business, an area of not less than 200 square meters, in compliance with vehicle technical testing equipment and facilities provided;

(C) 3 or more professionals used car appraisal service;

(D) the registered capital of no less than 300,000 yuan;

(E) standard partnership agreement or the articles of incorporation, internal management systems, security systems, and identification of the credit guarantee system to assess fault compensation system;

(F) the financial management system in line with relevant regulations of the State;

    (VII) other conditions stipulated by laws and administrative regulations.

    The eighth established used car auction business, should be consistent with the People's Republic of China auction law and other laws, regulations and regulatory requirements.

    The Nineth established used car broker, shall meet the corporate requirements.

    Chapter III rules

    Tenth and used car used car trading market operators operating principal (including used car sales, auction, brokerage, appraisal companies, the same below) should operate in accordance with law and taxes, abide by business ethics.

11th used car market operators and used car business entities shall conduct operations within the scope of their activities, not more scope.

    Shall not be registered in the fixed place of work outside business activities, including outside the venue operators, shop outside the distribution, display, servicing, detection of used cars. 12th used car trading market operators shall not be directly involved in the used-car business, may engage in the used car appraisal and brokerage activities.

Must not be used-car distribution enterprise, the auction business and beyond direct trading used cars drive used car sales uniform invoice.

Used car distribution enterprises shall not be traded for others used cars and provides services, may engage in used car broker and appraisal activities. Used car used car broker shall not in any way engaged in the buying and selling activity.

    Used car broker may not be personally engaged in used car broker activity.

    13th have not acquired second-hand car dealers operating qualifications may not purchase, sell used cars, may not carry out replacement business car, may not engage in used car broker activity.

    14th used cars of all persons through used car distribution enterprise, the auction company selling used cars directly to buyers and brokers direct transactions shall be carried out in the used car market.

15th used-car owners should provide the following materials when carrying out transactions, and to ensure that they are authentic, legitimate, effective:

(A) the seller's identity or organization code certificate;

(B) the vehicle number plates, vehicle registration certificate, a motor vehicle driving certificate, the motor vehicle safety inspection certificate;

(C) the vehicle purchase tax clearance certificate;

(D) vessel use tax paid certificate;

(E) vehicle insurance;

(F) motor vehicles belonging to the customs supervision, should also be submitted to the People's Republic of China Customs supervising and managing vehicle certificate of termination or transfer approved by the customs;

(VII) inheritance, gifts, lottery, the divorce agreement and satisfy a debt vehicle, should also provide inheritance, gifts, lottery, divorce and agreements related to satisfy a debt instrument and the notarial certificate issued by the certificate;

(H) the laws, rules and regulations should be provided by other materials. Used cars are two or more owners, shall also submit the joint documents.

    Belonging to the joint ownership of the spouses, can provide the marriage or relationship of the household register.

16th, used cars used car trading market operators operating in the main trading, trading vehicles should be checked, and found the following vehicles shall not be traded, and promptly report to public security departments and industrial and commercial administration departments:

(A) obtained by theft, robbery, fraud and other illegal means of the vehicle;

(B) the engine number, registration number and vehicle identification number or frame number does not match, or chiseled signs of the vehicle;

(C) smuggling, illegal fight (s) loaded vehicles.

    Vehicles of the illegal trading, and used car used car trading market operators operating body shall bear the corresponding legal responsibility.

    17th used car transactions shall enter into a contract, clear the corresponding responsibilities and obligations and contract reference model developed by the Administrative Department for industry and commerce under the State Council.

18th used car distribution enterprise, the auction sale, when a used car auction, 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.

    Issue used car sales uniform invoice should reflect actual transaction prices; price significantly lower than the market price, tax payable shall be approved by the internal revenue service sector in accordance with market prices. 19th used car market operators and used car business entities implement a filing system and circulation of information submitted to the system.

    Used car trading market operators and the used-car business from the date of obtaining the business license should flow of Commerce to the City Management Department in the 30th, and to regularly submit used car information.

    20th used car trading market operators and used car business entities registration changes or the suspension, cancellation, shall from the date of change in the 30th, circulation management, to change the record.

    Supervision and administration of the fourth chapter

21st city business circulation management is responsible for the preparation of the city's commercial development plan, is responsible for the development of second-hand car circulation industry development-related provisions, responsible for the used car market operators and used car business supervision and management, responsible for the used car market operators and used car business entities filing and submission of information, responsible for the used car auction business and used car appraisal and establishment of trial work.

    Counties (including district, development zone) Business Management Department is responsible for the area within the used car market operator and the supervision and management of business entities.

    22nd industrial and commercial administrative department is responsible for the used car market operators, second-hand car business entities registration management and the supervision and management of the used car trade, responsible for enforcement and penalties for illegal used car market, used car sales, without a license auction, brokerage, appraisal and evaluation of enterprises and operators.

23rd the tax department is responsible for tax collection and management of the used car trade.

Tax departments are responsible for used car sales uniform invoice issuance, use, supervision and management, responsible for the investigation of violations.

Tax departments are responsible for second-hand use service invoice issuance, use, supervision and management.

    Tax authorities should in the used car market presence with Office space tax levy. 24th public security departments are responsible for the used-car trade policing and transfer registration of the used car trade and charge on the road management, display, servicing, testing a used car and other behaviors, is responsible for investigation of violating vehicles in the region.

Public security departments in handling transfer registration of vehicles should be examined.

    Public security departments in the used car market presence with Office space to handle transfer of registration.

    25th law enforcement departments according to the relevant laws, rules and regulations, specific charge on both sides of the road outside the venue operators, store and operate on these sidewalks, green spaces, display, servicing, testing cars.

    The fifth chapter legal liability

    26th article violates this way 19th article, fails to flow of Commerce to the city administration for the record by the municipal Commerce authorities ordered the record late filing, 1000 Yuan fine.

    27th trade Management Department and the public security departments and industrial and commercial administration departments, tax departments and staff of the law enforcement sector, neglects his duty or engages in the supervision and administration of circulation of used cars, by their work units or by the competent authorities, impose administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

    The sixth chapter supplementary articles The 28th when naming the second-hand market, should be "used car market". Used car distribution business when the name should be "used car sales".

Used car broker when the title should be "used car broker" as part of its industrial characteristics, more than other business registration shall not be used in the name.

    Used car business should be clearly stated in the main scope of "distribution", "brokering" and "auctions", "evaluation". 29th these measures come into force on August 1, 2011.