Administrative Measures for Automotive Sales
Administrative Measures for Automotive Sales
Administrative Measures for Automotive Sales
Order of the Ministry of Commerce [2017] No.1
April 5, 2017
Adopted at the 922th executive meeting of the Ministry of Commerce on February 20, 2017, the Administrative Measures for Automotive Sales (the "Measures") are hereby promulgated and come into force on July 1, 2017. Upon the approval by the National Development and Reform Commission and the State Administration for Industry and Commerce, the Implementing Measures for the Administration of Automobile Brand Sales (Order of the Ministry of Commerce, National Development and Reform Commission and State Administration for Industry and Commerce [2005] No. 10) are revoked simultaneously.
Minister Zhong Shan
Administrative Measures for Automobile Sales
Chapter I General Provisions
Article 1 These Measures are formulated in accordance with the relevant national laws and regulations with a view to promoting the healthy development of the automobile market, ensuring a fair and just market order and protecting consumers' legitimate rights and interests.
Article 2 These Measures apply to activities in the automobile brand marketing and related services within the territory of the People's Republic of China (the "PRC").
The activities in the automobile brand marketing and related services shall be conducted on the basis of respecting the principles of legality, voluntariness, fairness and faithfulness.
Article 3 For the purpose of the Measures, "automobile" refers to unregistered new automobiles within the territory of the PRC, as defined in the national standard, the Motor Vehicles and Trailers-Types-Terms and Definitions (GB/T 3730.1).
Article 4 It is encouraged to develop a sharing, energy-efficient and socialized automobile sales and after-sales services network, strengthen the construction of the aforesaid services network in the context of rural-urban integration, as well as the sales and after-sales services network for new-energy vehicles to facilitate the innovation in automobile circulation mode in China.
Article 5 The suppliers and distributors of automobiles within the territory of the PRC shall build up an integrated system for automobile sales and after-sales services, guarantee the related auto accessory supply, provide timely and effective after-sales services, and strictly follow up regulations concerning, among others, 3R (i.e. "replace, repair and refund") and recall of household automobiles to guarantee consumers' legitimate rights and interests.
Article 6 For purposes of these Measures, suppliers refer to the manufacturers that supply automobile resources to distributors within the territory of the PRC, or distributors that have accepted the transfer of all rights and interests in sales by domestic manufacturers and undertake distribution, and car dealers that import automobiles out of the territory thereof.
For purposes of these Measures, dealers refer to those who access automobile resources and undertake distribution as well.
For the purposes of these Measures, after-sales services providers refer to the operators who deliver automobile maintenance, repair and other services after sales.
Article 7 The competent commerce department under the State Council is responsible for the formulation of political regulations concerning automobile sales and the pertinent services nationwide, and the guidance, cooperation and supervision of the supervisory administration by the local competent commerce departments.
The competent commerce departments at or above county level are in charge of the administration of automobile sales and pertinent services within their own administrative areas.
......
Order of the Ministry of Commerce [2017] No.1
April 5, 2017
Adopted at the 922th executive meeting of the Ministry of Commerce on February 20, 2017, the Administrative Measures for Automotive Sales (the "Measures") are hereby promulgated and come into force on July 1, 2017. Upon the approval by the National Development and Reform Commission and the State Administration for Industry and Commerce, the Implementing Measures for the Administration of Automobile Brand Sales (Order of the Ministry of Commerce, National Development and Reform Commission and State Administration for Industry and Commerce [2005] No. 10) are revoked simultaneously.
Minister Zhong Shan
Administrative Measures for Automobile Sales
Chapter I General Provisions
Article 1 These Measures are formulated in accordance with the relevant national laws and regulations with a view to promoting the healthy development of the automobile market, ensuring a fair and just market order and protecting consumers' legitimate rights and interests.
Article 2 These Measures apply to activities in the automobile brand marketing and related services within the territory of the People's Republic of China (the "PRC").
The activities in the automobile brand marketing and related services shall be conducted on the basis of respecting the principles of legality, voluntariness, fairness and faithfulness.
Article 3 For the purpose of the Measures, "automobile" refers to unregistered new automobiles within the territory of the PRC, as defined in the national standard, the Motor Vehicles and Trailers-Types-Terms and Definitions (GB/T 3730.1).
Article 4 It is encouraged to develop a sharing, energy-efficient and socialized automobile sales and after-sales services network, strengthen the construction of the aforesaid services network in the context of rural-urban integration, as well as the sales and after-sales services network for new-energy vehicles to facilitate the innovation in automobile circulation mode in China.
Article 5 The suppliers and distributors of automobiles within the territory of the PRC shall build up an integrated system for automobile sales and after-sales services, guarantee the related auto accessory supply, provide timely and effective after-sales services, and strictly follow up regulations concerning, among others, 3R (i.e. "replace, repair and refund") and recall of household automobiles to guarantee consumers' legitimate rights and interests.
Article 6 For purposes of these Measures, suppliers refer to the manufacturers that supply automobile resources to distributors within the territory of the PRC, or distributors that have accepted the transfer of all rights and interests in sales by domestic manufacturers and undertake distribution, and car dealers that import automobiles out of the territory thereof.
For purposes of these Measures, dealers refer to those who access automobile resources and undertake distribution as well.
For the purposes of these Measures, after-sales services providers refer to the operators who deliver automobile maintenance, repair and other services after sales.
Article 7 The competent commerce department under the State Council is responsible for the formulation of political regulations concerning automobile sales and the pertinent services nationwide, and the guidance, cooperation and supervision of the supervisory administration by the local competent commerce departments.
The competent commerce departments at or above county level are in charge of the administration of automobile sales and pertinent services within their own administrative areas.
......