Implementing Measures for the Administration of Automobile Brand Sales (Draft for Comments)
Implementing Measures for the Administration of Automobile Brand Sales (Draft for Comments)
Implementing Measures for the Administration of Automobile Brand Sales (Draft for Comments)
September 23, 2004
Chapter I General Provisions
Article 1 For the purposes of regulating the behavior of automobile brand sales, promoting the healthy development of automobile market, protecting the consumer's legitimate rights and interests, these measures are hereby formulated in accordance with the Trademark Law, the Contract Law, the Law of the People's Republic of China on the Protection of Consumer Rights and Interests and so on.
Article 2 These measures shall apply to the activities of automobile brand sales or other activities related to automobile brand sales within the territory of the People's Republic of China.
Article 3 Automobile brand sales in term of these measures refers to the activities that an automobile supplier or its authorized automobile brand distributor use uniform shop name, trade name, identification and trade mark, etc. to be engaged in automobile business operations.
Article 4 Automobile producers are encouraged to establish and improve the automobile brand sales and service system and to enhance the level of marketing and services.
Article 5 As of January 1, 2005, the brand sales and services shall be conducted for passenger vehicles; As of December 1, 2006, the brand sales and services shall be conducted for all motor vehicles.
Article 6 Automobile suppliers shall draw up network plans of automobile brand sales and services (hereinafter referred to as "network plan"). A network plan shall include: the business prediction, the layout plan of network nodes, the schedule of network development and the standards of shop building, software, hardware and after-sale service, etc.
Article 7 The network plan of the same automobile brand shall be exclusively drawn up and implemented by one domestic enterprise. A domestic automobile producer may either draw up and implement network plan directly or authorize one domestic enterprise as general distributor to draw up and implement the network plan. If an overseas automobile producer sells automobiles in the territory of China, it shall authorize a domestic enterprise or establish an enterprise in the territory of China in accordance with relevant provisions of the state as its general automobile distributor to draw up and implement network plan.
Article 8 The competent commercial administration of the State Council is responsible for the management of automobile brand sales all over the country. The administration for industry and commerce of the State Council is responsible for the supervision of automobile brand sales within the scope of its duty.
The competent commercial administrations of the provinces, autonomous regions, the municipalities directly under the Central Government, cities specifically designated in the state plan (hereinafter referred to as "provincial competent commercial administrations") and local administrations for industry and commerce shall, within the scope of their official duty, be responsible for the administration and supervision of automobile brand sales respectively under their jurisdictions.
Chapter II Business Entities
Article 9 Business entities of automobile brand sales refer to automobile suppliers and automobile brand distributors.
Article 10 Automobile suppliers refer to those enterprises that provide automobile recourses to the automobile brand distributors, including automobile producers and general distributors.
Automobile producers refer to those enterprises that are engaged in production and business activities of automobiles.
General automobile distributors refer to those enterprises that establish automobile brand sales and service networks within the territory of China and are engaged in automobile distribution activities upon authorization by the domestic or overseas automobile producers.
Article 11 Automobile brand distributors refer to the enterprises that are engaged in automobile retail other related activities upon authorization by automobile suppliers according to the automobile brand sales mode .
Chapter III Qualifications and Application Procedures
Article 12 An applicant for general automobile distributor shall have the following qualifications: 1.
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