Measures for the Implementation of Management of Automobile Brand Marketing
Measures for the Implementation of Management of Automobile Brand Marketing
Measures for the Implementation of Management of Automobile Brand Marketing
Order of Ministry of Commerce, State Development and Reform Commission and State Administration for Industry and Commerce [2005] No. 10
February 25,2005
Chapter I General Provisions
Article 1 For the purposes of regulating the behavior of automobile brand marketing, promoting the healthy development of automobile market, protecting consumer's legitimate rights and interests, these measures are formulated in accordance with relevant national laws and administrative regulations.
Article 2 These measures apply to the activities in the automobile brand marketing within the territory of the People's Republic of China.
Article 3 Automobile brand marketing in term of these measures means the activities that the automobile supplier or its authorized automobile brand distributor use uniform shop name, identification, trade mark to be engaged in automobile business.
Automobile supplier refers to the enterprises that supply automobile resources to automobile brand distributors, including automobile production enterprises, general automobile distributors.
Automobile brand distributor means the enterprises that are authorized by the automobile supplier and engaged in automobile sales and service in form of automobile brand marketing.
General automobile distributor means the enterprises that are authorized by domestic or external automobile production enterprises, have its own network for automobile brand marketing and service and engaged in distributing of automobiles.
Article 4 The domestic or external automobile production enterprises that sell the automobiles produced by their own should establish perfect automobile brand marketing and service system in order to improve their marketing and service level.
Article 5 Automobile supplier should make network plans on automobile brand marketing and service (hereinafter referred to as "network plan"). Network plan includes: business prediction, site overall arrangement plan, the progress rate of network development and the standard of shop building, software and hardware, after-sale service and etc.
Article 6 The network plan of the same automobile brand is generally made and implemented by a domestic enterprise. Domestic automobile production enterprises may either make and implement network plan directly or authorize domestic general distributor to make and implement the network plan. If an external automobile production enterprise sells automobiles in the territory of China, it should authorize a domestic enterprise to do it or establish an enterprise in accordance with relevant national rules as its general automobile distributor to make and implement network plan.
Article 7 The competent commercial administration of the State Council is responsible for the management of automobile brand marketing all over the country. The industrial and commercial administration of the State Council is responsible for the supervision and management of automobile marketing within the range 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), local industrial and commercial administrations are responsible for the supervision and management of automobile marketing under their jurisdiction within the scope of their own official duty.
Chapter II Establishment of Automobile General Distributor and Brand Distributor
Article 8 General automobile distributor should meet with following requirements:
1. Have the qualification of enterprise's legal personality;
2. Have obtained the written authorization of automobile production enterprises, have the right to distribute specific brand automobile independently;
3. Have the ability of specialized automobile marketing, mainly including market survey, marketing plan, advertisement promotion, network development and guidance, products service and technical training and consultation, fitting supply and logistics management.
Besides above requirements, if foreign businessmen invest general automobile distributor, they should also accord with relevant rules of investment management of foreign businessmen.
Article 9 Automobile brand distributor should meet with following requirements:
1.
......
Order of Ministry of Commerce, State Development and Reform Commission and State Administration for Industry and Commerce [2005] No. 10
February 25,2005
Chapter I General Provisions
Article 1 For the purposes of regulating the behavior of automobile brand marketing, promoting the healthy development of automobile market, protecting consumer's legitimate rights and interests, these measures are formulated in accordance with relevant national laws and administrative regulations.
Article 2 These measures apply to the activities in the automobile brand marketing within the territory of the People's Republic of China.
Article 3 Automobile brand marketing in term of these measures means the activities that the automobile supplier or its authorized automobile brand distributor use uniform shop name, identification, trade mark to be engaged in automobile business.
Automobile supplier refers to the enterprises that supply automobile resources to automobile brand distributors, including automobile production enterprises, general automobile distributors.
Automobile brand distributor means the enterprises that are authorized by the automobile supplier and engaged in automobile sales and service in form of automobile brand marketing.
General automobile distributor means the enterprises that are authorized by domestic or external automobile production enterprises, have its own network for automobile brand marketing and service and engaged in distributing of automobiles.
Article 4 The domestic or external automobile production enterprises that sell the automobiles produced by their own should establish perfect automobile brand marketing and service system in order to improve their marketing and service level.
Article 5 Automobile supplier should make network plans on automobile brand marketing and service (hereinafter referred to as "network plan"). Network plan includes: business prediction, site overall arrangement plan, the progress rate of network development and the standard of shop building, software and hardware, after-sale service and etc.
Article 6 The network plan of the same automobile brand is generally made and implemented by a domestic enterprise. Domestic automobile production enterprises may either make and implement network plan directly or authorize domestic general distributor to make and implement the network plan. If an external automobile production enterprise sells automobiles in the territory of China, it should authorize a domestic enterprise to do it or establish an enterprise in accordance with relevant national rules as its general automobile distributor to make and implement network plan.
Article 7 The competent commercial administration of the State Council is responsible for the management of automobile brand marketing all over the country. The industrial and commercial administration of the State Council is responsible for the supervision and management of automobile marketing within the range 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), local industrial and commercial administrations are responsible for the supervision and management of automobile marketing under their jurisdiction within the scope of their own official duty.
Chapter II Establishment of Automobile General Distributor and Brand Distributor
Article 8 General automobile distributor should meet with following requirements:
1. Have the qualification of enterprise's legal personality;
2. Have obtained the written authorization of automobile production enterprises, have the right to distribute specific brand automobile independently;
3. Have the ability of specialized automobile marketing, mainly including market survey, marketing plan, advertisement promotion, network development and guidance, products service and technical training and consultation, fitting supply and logistics management.
Besides above requirements, if foreign businessmen invest general automobile distributor, they should also accord with relevant rules of investment management of foreign businessmen.
Article 9 Automobile brand distributor should meet with following requirements:
1.
......