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Xian Municipal People's Government On The Revision Of The Interim Measures For The Management Of The Car Rental Industry In Xi Amendment Of Decision

Original Language Title: 西安市人民政府关于修改《西安市汽车租赁业管理暂行办法》的修改决定

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(Adopted by the 29th ordinary meeting of the People's Government of Western Annai on 6 December 2007, No. 79 of 20 March 2008 of the People's Government Order No. 79 of 20 March 2008 (Act of 20 April 2008)

Modalities for the management of automotives in the Western Ansian city
Article IV amends as follows: “The municipal transport administration is the competent authority of the automotive rental industry in this city, with its own road transport administration implementing the management of the automotive lease industry.
iii. Article 6 amends as follows: “A person engaged in a vehicle rental operation shall obtain a licence for the operation of road transport in accordance with the provisions of the People's Republic of China Road Transport Regulations and conduct business registration and operate within the scope of the licence.”
Article 14.
(i) In violation of article 6 of the present approach, the imposition of an order to stop the operation without the approval of the unauthorized operation; the confiscation of proceeds of the violation, the confiscation of the proceeds of the offence, the imposition of a fine of more than 10 times the proceeds of the offence; and the confiscation of proceeds of the offence or of the proceeds of the violation of the law, with a fine of over 30,000 dollars.
(ii) In violation of article 7 of this approach, the period of time was changed and was fined by $500.
(iii) The leaser, in violation of article 8, paragraph 9, of this scheme, gives a warning that the time limit is being changed and may be fined up to $50 million.”
This decision has been implemented effective 20 April 2008.
The provisional approach to the management of automotive rental industries in the SAsian city has been revised accordingly in accordance with this decision.

Annex: Methods for the management of automotive rental industries in the city of Western Anna (Amendment 2008)
(Adopted by the Government of the city on 29 May 1998 in accordance with the Decision of the Government of the People of the city of 20 August 2002 on the revision of the provisional scheme for the management of automotive rental industries in the city of Western Andes, as amended by the Decision of the Government of the people of the city of 20 March 2008 on the revision of the provisional scheme for the management of automotive rental industries in the city)
Article 1 promotes the health development of the automotive industry, in accordance with the relevant national legal regulations, by protecting the legitimate rights and interests of the automotive owner (hereinafter referred to as the leaser) and using the leaser of the vehicle (hereinafter referred to as the lessee).
Article 2. The rental of vehicles means that, within the agreed time period, the leaser will be delivered to the lessee for the rental of the vehicle, charges for rental costs and does not provide the means of operation of the driving service.
Article 3. This approach applies to rental operations of various passenger vehicles, trucks, special cars and other motor vehicles in the city's administration area, in addition to public cars, rental vehicles.
Article IV. The municipal transport administration sector is the competent authority of the automotive rental industry in this city, with its own road transport administration implementing the management of the automotive rental industry.
Article 5
(i) A vehicle is not less than 20 vehicles and the vehicle vehicle value is less than 2 million. The rental of vehicles should be a new vehicle or a technical hierarchy at the level, and a full-effective vehicle route document;
(ii) Mobile funds that are not less than 5 per cent of the value of rental vehicles;
(iii) There are fixed operating and office spaces;
(iv) There are operational agencies and associated managers, professional staff;
(v) Legal personality.
Article 6 is engaged in automotive leases, and the operators shall obtain the Road Transport Licence and conduct business registrations in accordance with the provisions of the National People's Republic of China Road Transport Regulations and operate within the scope of the licence.
Article 7. The leasing operator shall use a single automotive ticket for the rental of the vehicle and shall receive the cost of the royalties approved by the price sector.
Article 8. The owner of the vehicle lease must be aligned with the name of the automotive operator. Any vehicle that is not the owner's vehicle, which does not operate legally in the automotive industry shall not be leased.
Article 9 prohibits the use of the typology and the introduction of a vehicle rental camp.
Article 10. The rental of vehicles shall be contracted by the leaser and the lessee. The contract shall include the following key elements:
(i) Type, quantity, technical status of vehicles;
(ii) The payment criteria;
(iii) Modalities and deadlines for implementation;
(iv) The rights and obligations of both parties;
(v) Liability for default;
(vi) Modalities for dispute resolution;
(vii) The parties believe that there is a need for clear other matters.
Article 11. The lease of the vehicle by the lessee must provide an effective document and a certain number of guarantees capable of demonstrating the identity of the unit or of the individual, and, where necessary, reliable units must be granted economic security.
Article 12. The leasing operator shall pay taxes under the State's provisions for the conduct of annual review tests and the issuance of statements of statistics on transport.
Article 13
(i) Compliance with legal, regulatory, and related provisions;
(ii) No diversion;
(iii) No leasing vehicle shall be used for criminal activities.
Article 14.
(i) In violation of article 6 of the present approach, the imposition of an order to stop the operation without the approval of the unauthorized operation; the confiscation of proceeds of the violation, the confiscation of the proceeds of the offence, the imposition of a fine of more than 10 times the proceeds of the offence; and the confiscation of proceeds of the offence or of the proceeds of the violation of the law, with a fine of over 30,000 dollars.
(ii) In violation of article 7 of this approach, the period of time was changed and was fined by $500.
(iii) The leaser, in violation of article 8, paragraph 9, of this approach, gives warning that the time limit is being changed and may be fined up to $50 million.
Article 15. The parties' decisions on administrative penalties may apply for review or administrative proceedings in accordance with the provisions of the administrative review regulations and administrative proceedings law.
Article 16, Transport Administration and its law enforcement officials, should strengthen the management of automotive rental industries and enforce strict law enforcement. Distinguished, abuse of power, provocation of private fraud, administrative disposition by its units or superior authorities, and criminal responsibility is held by law.
Article 17