Suzhou, Suzhou Municipal People's Government On The Amendments To The Motor Vehicle Repair And Parts Business Decision Management Approach

Original Language Title: 苏州市人民政府关于修改《苏州市机动车维修与配件经营行业管理办法》的决定

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(July 14, 2004 Suzhou Government 31st times Executive Conference considered through July 22, 2004 Suzhou Government makes 61st, announced since announced of day up purposes) according to People's Republic of China administrative license method about provides, now decided on Suzhou motor vehicle maintenance and accessories business industry management approach for following modified: a, and will sixth article modified for: "opened motor vehicle maintenance business of units and personal, should holding effective documents to motor vehicle maintenance management institutions application received Road transport operators license, license registration application to the administrative departments for industry and commerce. "Second, the seventh article is revised as follows:" motor vehicle maintenance management institutions shall, from the date of receipt of the application materials in the 15th have been audited. Technical conditions pass, road transport operators will be issued license technical conditions are not qualified, not process and explain the reasons.
    "Third, delete the Nineth. Four, the 12th article is revised as follows: "application for closure and shall close 1 month before reporting to the original issuing motor vehicle maintenance management, after the cancellation of the road transport operators permit, in accordance with the relevant provisions of tax and other relevant business procedures. "Five, the 26th is amended as:" motor vehicle maintenance management organization should be engaged in motor vehicle repair unit and individual annual verification of specifications.
    "In addition, under the provisions of this decision on the part of the order is adjusted accordingly.
    Purposes from the date of publication of this decision.

    The Suzhou city motor vehicle repairs and parts sales industry regulations be revised according to this decision, republished.
    Appendix: administrative measures on vehicle repairs and parts sales industry, Suzhou city (amended 2004) Chapter I General provisions article to enhance vehicle maintenance and spare parts management, maintenance of motor vehicle repairs and parts sales market order, guarantee the quality of motor vehicle maintenance and to ensure safe operation of the vehicle, 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 engaged in motor vehicle repair and parts sales units and individuals (referred to as operators), are required to implement these measures. Article city and County Transportation Department is responsible for the repair of trade management and, in conjunction with industry and commerce, quality and technology supervision departments of the city's motor vehicle repairs and parts to implement services such as planning, coordination, supervision and management.
    City and County motor vehicle maintenance and Management Agency has specific responsibility for the implementation of these measures.
    Article fourth of industry and commerce, taxation, public security, price, quality and technology supervision departments shall, in accordance with their respective responsibilities, supervise the repair of motor vehicles and parts sales management.
    Article fifth vehicle repairs and parts sales units and individuals must be legitimate business, guaranteed quality, reasonable price, fair trade, and service users, after guarantee maintenance vehicle performance, safety and reliability.
    Chapter opening and a closing sixth in starting a motor vehicle repair business units and individuals shall hold a valid document apply to motor vehicle maintenance and management for road transport business license, permit registration application to the administrative departments for industry and commerce. Seventh motor vehicle maintenance management institutions shall, from the date of receipt of the application materials in the 15th have been audited.
    Technical conditions pass, road transport operators will be issued license technical conditions are not qualified, not process and explain the reasons. Eighth article opened motor vehicle maintenance business of units and personal by scale and technology conditions is divided into three class: (a) a: can engaged in car overhaul, and Assembly overhaul, and levels maintenance and repair; (ii) two class: can engaged in car levels maintenance and repair; (three) three class: can engaged in car special repair (body, and coated paint, and Peng, and sets, and seat pad and the within decorative, and electrical instrument, and battery, and car air conditioning machine, and heater machine, and tank, and thermal device, and tank, and tire patch, and glass installation, and car cleaning, and high pressure pump, and spray nozzle, and
    Cylinder boring crankshaft grinding, milling), motorcycle maintenance. Nineth motor vehicle repairs must be performed by a qualified repair enterprises.
    Maintenance of units and individuals engaged in motor vehicle parts without qualification, shall not be engaged in motor vehicle repair business.
    Article tenth change of business scope, categories, locations, and should apply to the original issuing motor vehicle maintenance management, upon approval by the review, can handle the change.
    Section 11th out of business, and shall close 1 month before reporting to the original issuing motor vehicle maintenance management, after the cancellation of the road transport operators permit, in accordance with the relevant provisions of tax and other relevant business procedures.
    Applying for a temporary closure, should be reported to the original issuing motor vehicle maintenance management business reasons and the starting and ending times.
    12th motor vehicle maintenance, accessories, business unit and individual shall, 10th after the opening within the public security departments, and signed the security responsibility.
    Chapter III technology 13th motor vehicle maintenance management and quality management institutions shall, together with the technical supervision departments to strengthen their motor vehicle repairs, accessories, business unit and individual technical condition, accessories, and maintenance quality checks of the quality of guidance and supervision.
    14th motor vehicle maintenance management should technicians, quality inspection personnel, managers and technical workers for regular training and assessment, issuing technical certificates.
    15th motor vehicle repair, parts sales units and measurement apparatus for personal use, must be approved by the local quality and technical supervision departments or metrological verification institution approved by the quality and technology supervision departments regularly, and obtain the appropriate test certificate.
    16th motor vehicle maintenance units and individuals shall establish and improve processes such as maintenance, testing, strict enforcement of motor vehicle maintenance and quality inspection system.
    17th article motor vehicle maintenance Enterprise for two level maintenance above of vehicles (containing two level maintenance), should by provides registration following project, and by car integrated performance detection station detection qualified Hou, party can factory: (a) sent repair vehicles of plate, and models, and engine number, and frame number, and factory brand model, and body color; (ii) owners name; (three) repair project and sent repair time.
    Clause 18th, overhaul and maintenance of vehicles manufactured, must be 3 months respectively (or 10000 km) and 10 days (or 1500 km) warranty. During the guarantee period, in case of failure or damage, is considered to be causes of maintenance quality, by contractors for free repair.
    Contractors provide quality problems caused by materials, spare parts, repair work, material parts costs borne by the contractors; is users misuse of early damage, is the user's responsibility.
    Article 19th of units and individuals engaged in motor vehicle parts, buying cars, motorcycles accessories, you must do the following testing procedures: (a) test products include country of origin, the factory name and quality certification; (b) testing compliance with product standards, (iii) fill out the check list, check anonymous inspectors.
    20th motor vehicle repair, parts sales and quality of personal and user disputes, consultations, mediation, motor vehicle maintenance management should meet the quality and technology supervision departments, technical analysis, identification of quality dispute resolution and mediation.
    The parties according to the contract's arbitration clause and subsequently reached a written agreement, apply for arbitration to the arbitration body; arbitration agreement has not been reached, the parties may bring a lawsuit.
    The fourth chapter rates and charges management article 21st maintenance management should meet the price Department of motor vehicle repair, parts sales rates and charges of conducting supervision and inspection.
    22nd motor vehicle repair, parts sales units and individuals must be clearly marked, according to the stipulations, shall be repeated charging and without improving standards.
    Article 23rd motor vehicle repair, parts sales units and individuals must establish and improve various financial accounts, using a single tax bill.
    Fifth chapter business management article 24th motor vehicle maintenance management should implement relevant State laws and regulations, enhance vehicle maintenance, parts sales in China of legal publicity and education.
    25th motor vehicle maintenance management organization should be engaged in motor vehicle repair unit and individual annual verification of specifications.
    26th second-level maintenance of the vehicles more projects or contractors amounts more than 2000 Yuan, holding the sides of the vehicle maintenance contract must be signed, using a unified text.
    27th motor vehicle maintenance unit to undertake modification, alteration or maintenance due to traffic accident damaged vehicles, must be the identification of public security traffic Administrative Department of the relevant certificate. 28th shall not be occupied roads and public places engaged in maintenance and operation or maintenance vehicles parked.
    Maintenance vehicle road test must be carried out in accordance with the provisions of the public security traffic management departments. 29th maintenance unit or individual is allowed to use parts of motor vehicles assembled vehicles. Maintenance replaced the old mechanical Assembly, should register and returned to the user.
    Prohibition of repairing, dismantling, modification, installation, reselling scrap vehicles national.
    Article 30th motor vehicle repair, parts sales units and individuals shall be in accordance with the relevant provisions, to motor vehicle maintenance management organizations submit statistical reports on time and other information.
    Sixth chapter of rewards and punishment, the 31st article of serious implementation of these measures, adhere to the production, quality service, quality assurance, outstanding units and individuals, should be given recognition and rewards. 32nd article violation this approach, except by Ministry road transport administrative punishment provides of provides punishment outside, has following behavior of, by traffic competent sector ordered corrected and be punishment: (a) not made business motor vehicle accessories technology conditions certificate unauthorized business motor vehicle accessories of, sentenced 1000 Yuan above 3000 Yuan following fine; not by provides term handle annual testing of, sentenced 50 Yuan above 200 Yuan following fine; (ii) not made motor vehicle maintenance license engaged in three class maintenance business of , Does not handle the prescribed annual audit procedures or road maintenance operations, a fine of 50 Yuan and 200 Yuan fines;

    (C) in violation of these regulations article tenth, accessories and business units without qualification in the motor vehicle repair business, fined a maximum of a fine of 50 Yuan more than 2000 Yuan.
    33rd and confiscated money should use the unified financial sector confiscation receipt. Article 34th refuses to accept the decision on administrative penalty, in accordance with the People's Republic of China administration reconsideration law and the People's Republic of China administrative procedural law provisions apply for reconsideration or bring an action.
    Party fails to apply for reconsideration or sue, nor performs the decision on punishment, the Department made the decision apply to the people's Court for compulsory execution. 35th law enforcement officer in the execution of their duties, must produce certificates for law enforcement, the law impartially.
    For dereliction of duty, abuse of authority or engages in, by the units to be given administrative sanctions in serious cases, constitutes a crime, the judicial organ shall investigate the criminal liability of persons directly responsible.
    Seventh chapter supplementary articles article 36th gas scooters maintenance management and parts company with reference to these measures. 37th article of the rules take effect on July 1, 2000.
                                                                                        Municipal Government of Suzhou, Suzhou city, September 30, 1995, 14th to make the car repair and parts sales industry regulation repealed simultaneously.