Administrative Provisions on the Maintenance of Motor Vehicles (Revised in 2019)
Administrative Provisions on the Maintenance of Motor Vehicles (Revised in 2019)
Administrative Provisions on the Maintenance of Motor Vehicles (Revised in 2019)
Order of the Ministry of Transport of the People's Republic of China [2019] No. 20
June 21, 2019
(Issued by the former Ministry of Communications on June 24, 2005, amended for the first time in accordance with the Decision of the Ministry of Transport on Amending the Administrative Provisions on the Maintenance of Motor Vehicles on August 8, 2015, and amended for the second time in accordance with the Decision of the Ministry of Transport on Amending the Administrative Provisions on the Maintenance of Motor Vehicles on April 19, 2016, and amended for the third time in accordance with the Decision of the Ministry of Transport on Amending the Administrative Provisions on the Maintenance of Motor Vehicles on June 21, 2019)
Chapter I General Provisions
Article 1 The Provisions are formulated in accordance with the Regulations of the People's Republic of China on Road Transport and relevant laws and administrative regulations in order to regulate the business operations of motor vehicle maintenance, preserve the market order of motor vehicle maintenance, protect the legitimate rights and interests of all parties concerned in motor vehicle maintenance, guarantee the safe operation of motor vehicles, protect the environment, save energy resources and advance the sound development of the motor vehicle maintenance industry.
Article 2 Those engaging in the business operation of motor vehicle maintenance shall abide by the Provisions.
For the purpose of the Provisions, the term "business operation of motor vehicle maintenance" refers to the maintenance, repair and maintenance aid and other relevant business activities carried out with maintaining or restoring the technical condition and the normal functions of motor vehicles and extending the service life thereof as operational tasks.
Article 3 A motor vehicle maintenance operator shall undertake its business in accordance with the law, be honest and credible, compete in a fair manner, deliver high-quality services, and fulfill its responsibilities for safety production and maintenance quality.
Article 4 The principles of fairness, justice, openness and facilitating the people shall be upheld in the administration of motor vehicle maintenance.
Article 5 No entity or individual may blockade or monopolize the motor vehicle maintenance market.
Any motor vehicle maintenance customer has the right to choose the maintenance operator himself. No entity or individual, other than a vehicle manufacturer that fulfills its responsibilities for recalling defective vehicle products and delivering warranty services of repair, replacement and refund, may force, in either evident or disguised form, a customer to use a so-called designated maintenance operator.
Motor vehicle maintenance enterprises are encouraged to carry out intensive, professional and chain operations with a view to propelling the rational division of labor and the coordinated development of the motor vehicle maintenance industry.
It's encouraged to popularize the application of environmentally-friendly, energy-saving and disassembly-free inspection and fault diagnosis techniques for motor vehicle maintenance, promote the informatization construction and network building of aid and repair services of the industry and improve the overall quality of the motor vehicle maintenance industry to meet the needs of society.
Motor vehicle maintenance enterprises are encouraged to give priority to the personnel with national occupational qualifications for motor vehicle inspection and maintenance and organize more technical training to enhance the quality of inspection and maintenance personnel.
Article 6 The Ministry of Transport takes charge of the administration of the motor vehicle maintenance industry nationwide.
The competent transport departments under the local people's governments at or above the county level are responsible for organizing and leading the administration of motor vehicle maintenance within their respective administrative regions.
The road transport administrations at or above the county level are responsible for the specific implementation of the administration of motor vehicle maintenance within their respective administrative regions.
Chapter II Business Registration
Article 7 Those engaging in motor vehicle maintenance operations shall, after going through the registration formalities with the market regulation administration in accordance with the law, register with the local county-level road transport administration.
Road transport administrations shall fulfill the registration formalities for motor vehicle maintenance operators in accordance with the Regulations of the People's Republic of China on Road Transport and the Provisions, and shall not collect any registration-related charge from motor vehicle maintenance operators.
Article 8 The business operations of motor vehicle maintenance shall be registered in a classified manner by vehicle type, service competence and business item.
The business operations of motor vehicle maintenance shall be classified into four categories by maintenance object, namely business operations of auto maintenance, business operations of maintenance of vehicles that transport dangerous goods, business operations of motorcycle maintenance and business operations of maintenance of other motor vehicles.
The business operations of auto maintenance and maintenance of other motor vehicles come with three grades by business item and service competence, namely business operations of Grades I, II and III maintenance.
The business operations of motorcycle maintenance are divided into two grades by business item and service competence, namely business operations of Grades I and II maintenance.
Article 9 Operators with qualifications for business operations of Grade I and Grade II auto maintenance or maintenance of other motor vehicles may undertake full vehicle repair, assembly repair, full vehicle maintenance, minor repair, maintenance aid, special repair and maintenance completion acceptance of corresponding vehicle types. Operators with qualifications for business operations of Grade III auto maintenance (inclusive of comprehensively minor repair of autos) or Grade III maintenance of other motor vehicles may undertake such special maintenance services as comprehensive minor repair of autos, engine maintenance, vehicle body maintenance, electric system maintenance, automatic speed transmission repair, tire dynamic balancing and maintenance, four-wheel alignment inspection and adjustment, auto lubrication and maintenance, oil injection pump and oil atomizer maintenance, crankshaft grinding, air cylinder boring, radiator maintenance, air-conditioner maintenance, auto decoration, as well as auto glass installation and renovation. The specific business items shall be subject to the applicable provisions of the relevant articles of the Certification Requirements for Motor Vehicle Maintenance and Repair Enterprise (GB/T 16739).
Article 10 Operators with qualifications for business operations of Grade I motorcycle maintenance may undertake full motorcycle repair, assembly repair, full motorcycle maintenance, minor repair, special repair and completion acceptance. Those with qualifications for business operations of Grade II motorcycle maintenance may undertake motorcycle maintenance, minor repair and special repair.
Article 11 Operators with qualifications for business operations of maintenance of vehicles that transport dangerous goods may undertake business operations of Grade I auto maintenance in addition to the business operations of maintenance of vehicles that transport dangerous goods.
Article 12 Operators engaging in business operations of auto maintenance or maintenance of other motor vehicles shall meet the following conditions:
1. Parking lots for motor vehicles to be maintained and workshops that comply with the business operations thereof shall be arranged to be in place. The site, if rented, shall be under a written lease contract, with a lease term of not less than one year. The area of parking lots and the workshops shall be subject to the applicable provisions of the relevant articles of the state on the Certification Requirements for Motor Vehicle Maintenance and Repair Enterprise (GB/T 16739).
2.
......
Order of the Ministry of Transport of the People's Republic of China [2019] No. 20
June 21, 2019
(Issued by the former Ministry of Communications on June 24, 2005, amended for the first time in accordance with the Decision of the Ministry of Transport on Amending the Administrative Provisions on the Maintenance of Motor Vehicles on August 8, 2015, and amended for the second time in accordance with the Decision of the Ministry of Transport on Amending the Administrative Provisions on the Maintenance of Motor Vehicles on April 19, 2016, and amended for the third time in accordance with the Decision of the Ministry of Transport on Amending the Administrative Provisions on the Maintenance of Motor Vehicles on June 21, 2019)
Chapter I General Provisions
Article 1 The Provisions are formulated in accordance with the Regulations of the People's Republic of China on Road Transport and relevant laws and administrative regulations in order to regulate the business operations of motor vehicle maintenance, preserve the market order of motor vehicle maintenance, protect the legitimate rights and interests of all parties concerned in motor vehicle maintenance, guarantee the safe operation of motor vehicles, protect the environment, save energy resources and advance the sound development of the motor vehicle maintenance industry.
Article 2 Those engaging in the business operation of motor vehicle maintenance shall abide by the Provisions.
For the purpose of the Provisions, the term "business operation of motor vehicle maintenance" refers to the maintenance, repair and maintenance aid and other relevant business activities carried out with maintaining or restoring the technical condition and the normal functions of motor vehicles and extending the service life thereof as operational tasks.
Article 3 A motor vehicle maintenance operator shall undertake its business in accordance with the law, be honest and credible, compete in a fair manner, deliver high-quality services, and fulfill its responsibilities for safety production and maintenance quality.
Article 4 The principles of fairness, justice, openness and facilitating the people shall be upheld in the administration of motor vehicle maintenance.
Article 5 No entity or individual may blockade or monopolize the motor vehicle maintenance market.
Any motor vehicle maintenance customer has the right to choose the maintenance operator himself. No entity or individual, other than a vehicle manufacturer that fulfills its responsibilities for recalling defective vehicle products and delivering warranty services of repair, replacement and refund, may force, in either evident or disguised form, a customer to use a so-called designated maintenance operator.
Motor vehicle maintenance enterprises are encouraged to carry out intensive, professional and chain operations with a view to propelling the rational division of labor and the coordinated development of the motor vehicle maintenance industry.
It's encouraged to popularize the application of environmentally-friendly, energy-saving and disassembly-free inspection and fault diagnosis techniques for motor vehicle maintenance, promote the informatization construction and network building of aid and repair services of the industry and improve the overall quality of the motor vehicle maintenance industry to meet the needs of society.
Motor vehicle maintenance enterprises are encouraged to give priority to the personnel with national occupational qualifications for motor vehicle inspection and maintenance and organize more technical training to enhance the quality of inspection and maintenance personnel.
Article 6 The Ministry of Transport takes charge of the administration of the motor vehicle maintenance industry nationwide.
The competent transport departments under the local people's governments at or above the county level are responsible for organizing and leading the administration of motor vehicle maintenance within their respective administrative regions.
The road transport administrations at or above the county level are responsible for the specific implementation of the administration of motor vehicle maintenance within their respective administrative regions.
Chapter II Business Registration
Article 7 Those engaging in motor vehicle maintenance operations shall, after going through the registration formalities with the market regulation administration in accordance with the law, register with the local county-level road transport administration.
Road transport administrations shall fulfill the registration formalities for motor vehicle maintenance operators in accordance with the Regulations of the People's Republic of China on Road Transport and the Provisions, and shall not collect any registration-related charge from motor vehicle maintenance operators.
Article 8 The business operations of motor vehicle maintenance shall be registered in a classified manner by vehicle type, service competence and business item.
The business operations of motor vehicle maintenance shall be classified into four categories by maintenance object, namely business operations of auto maintenance, business operations of maintenance of vehicles that transport dangerous goods, business operations of motorcycle maintenance and business operations of maintenance of other motor vehicles.
The business operations of auto maintenance and maintenance of other motor vehicles come with three grades by business item and service competence, namely business operations of Grades I, II and III maintenance.
The business operations of motorcycle maintenance are divided into two grades by business item and service competence, namely business operations of Grades I and II maintenance.
Article 9 Operators with qualifications for business operations of Grade I and Grade II auto maintenance or maintenance of other motor vehicles may undertake full vehicle repair, assembly repair, full vehicle maintenance, minor repair, maintenance aid, special repair and maintenance completion acceptance of corresponding vehicle types. Operators with qualifications for business operations of Grade III auto maintenance (inclusive of comprehensively minor repair of autos) or Grade III maintenance of other motor vehicles may undertake such special maintenance services as comprehensive minor repair of autos, engine maintenance, vehicle body maintenance, electric system maintenance, automatic speed transmission repair, tire dynamic balancing and maintenance, four-wheel alignment inspection and adjustment, auto lubrication and maintenance, oil injection pump and oil atomizer maintenance, crankshaft grinding, air cylinder boring, radiator maintenance, air-conditioner maintenance, auto decoration, as well as auto glass installation and renovation. The specific business items shall be subject to the applicable provisions of the relevant articles of the Certification Requirements for Motor Vehicle Maintenance and Repair Enterprise (GB/T 16739).
Article 10 Operators with qualifications for business operations of Grade I motorcycle maintenance may undertake full motorcycle repair, assembly repair, full motorcycle maintenance, minor repair, special repair and completion acceptance. Those with qualifications for business operations of Grade II motorcycle maintenance may undertake motorcycle maintenance, minor repair and special repair.
Article 11 Operators with qualifications for business operations of maintenance of vehicles that transport dangerous goods may undertake business operations of Grade I auto maintenance in addition to the business operations of maintenance of vehicles that transport dangerous goods.
Article 12 Operators engaging in business operations of auto maintenance or maintenance of other motor vehicles shall meet the following conditions:
1. Parking lots for motor vehicles to be maintained and workshops that comply with the business operations thereof shall be arranged to be in place. The site, if rented, shall be under a written lease contract, with a lease term of not less than one year. The area of parking lots and the workshops shall be subject to the applicable provisions of the relevant articles of the state on the Certification Requirements for Motor Vehicle Maintenance and Repair Enterprise (GB/T 16739).
2.
......