With regard to new car sales enterprises (initiative sector: municipal business bureau, municipal market supervision authority, joint inspection department: municipal tax bureau)
New car sales enterprises should strictly implement the provisions of the civil code of the people's republic of china, the consumer protection law of the people's republic of china, the law of the people's republic of china on product quality, the law of the people's republic of china on advertising, the prices law of the people's republic of china, and the measures for the regulation of the sale of cars, among others, to regulate their conduct。
(i) subject eligibility compliance
1. Automobile sales enterprises shall have the corresponding legal personality of the enterprise or legal capacity to operate as individual traders。
2. Automobile sales enterprises shall have a place of operation for the sale of motor vehicles and a marketing service。
Automobile sales enterprises should have employees who are familiar with motor vehicle knowledge and marketing skills。
(ii) operational compliance
1. The distributor shall, at the place of business, express in an appropriate form the prices and rates of services for the sale of vehicles, accessories and other related products, and shall not add to the price or charge additional costs。
The distributor shall indicate at the place of business the quality assurance, warranty services and other after-sale services policy of the automobile product to be sold, as well as the “three packages” of information on the domestic car product to be sold by the distributor at the place of business。
A distributor who sells a car sold without the authorization of the supplier, or an imported car sold without the authorization of an offshore car manufacturer, shall warn and explain in writing to the consumer and inform the subject of the relevant liability to the consumer。
The distributor may not operate in the name of the supplier's authorization to sell the car without the authorization or authorization of the supplier。
Post-sale service providers should indicate to consumers the technology, quality and service specifications for post-sale services。
Suppliers and distributors may not restrict the domicile of consumers and consumers may not limit the providers and after-sale service providers of products such as car parts, supplies, finance, insurance, rescue, etc., except for “three-pack” services for domestic automobile products, accessories and services such as recall, which are used by suppliers at their expense。
Dealers may not sell cars with compulsory insurance coverage or services such as the registration of their vehicles。
When a distributor sells a car to a consumer, it shall verify the valid identification of the registered consumer, enter into a sales contract and issue a sales invoice as such。
7. Vendors and distributors should deliver the following accompanying vouchers and documents at the same time as the vehicles are delivered and ensure that vehicle configuration is consistent with physical configuration:
(1) a certificate of exit from the factory of a motor vehicle of national origin
(2) a licence to exit the plant using a motor vehicle modified by a national chassis
(3) materials such as import certificates for imported motor vehicles and import motor vehicle inspection certificates
(4) vehicle consistency certificate or special certification model inspection reports for imported automobile products
(5) instructions for the use of chinese for products
(6) product maintenance manual
(7) “three packages” of domestic car products。
8. The distributor, after-sale service provider, or the supply of accessories, shall indicate the original plant's fittings, of comparable quality, re-manufacture, re-use, etc., indicate the manufacturer (the importer of the imported product), the date of production, the appropriate vehicle type, etc., and shall be reminded and described when the spare parts other than the original plant's parts are sold to the consumer or provided。
Parts included in a national list of compulsory product certifications should be subject to national compulsory product certification and be applied with certification marks before being sold or used in post-sales service operations, except where exemption from national compulsory product certification is permitted under relevant national provisions。
With regard to second-hand car sales enterprises (initiative sector: city business bureau, joint inspection unit: municipal market supervision authority, municipal tax authority)
Second-hand car sales enterprises should strictly implement, inter alia, the provisions of the civil code of the people's republic of china, the consumer protection law of the people's republic of china, the law of the people's republic of china on the quality of products, the law of the people's republic of china on advertising, the price law of the people's republic of china, the measures for the regulation of the circulation of second-hand cars, and the provisions on the registration of motor vehicles。
(i) subject eligibility compliance
1. A second-hand car sales enterprise shall have the legal capacity to operate as a legal entity of the enterprise and as a self-employed person, and shall include projects related to second-hand cars。
Second-hand car trading market operators should have a fixed place to deal with the circulation of second-hand cars and related services for both buyers and sellers。
3. Second-hand car sales enterprises should have employees who are familiar with motor vehicle knowledge and marketing skills。
(ii) operational compliance
1. The second-hand car sales enterprises shall, in a prominent form, indicate the prices of the second-hand car at the place of business, the transactional service fees, assessment fees, etc., and prohibit price fraud。
When the second-hand car sales company sells used vehicles, it shall make clear to the consumer whether it uses, repairs, accidents, tests, and whether it registers the mortgage, pays taxes, the end-of-life period, etc., and enters into a contract for the sale of used vehicles, specifying the rights and obligations of both parties。
3. The market operator of the second-hand car trade shall verify the legality of the entry and exit of the vehicle, verify the authenticity and integrity of the vehicle's registration certificate, driving certificate, identification of the owner, etc., and strictly prohibit the trade of vehicles without legal formalities。
When the used car sales business sells used vehicles, it shall issue a uniform invoice for the sale of used vehicles as such and shall not give false or false invoices。
5. When advertising, second-hand car sales enterprises should be genuine and legitimate, should not contain false or misleading content, should not deceive or mislead consumers, and should not exaggerate vehicle performance and conceal vehicle defects。
6. Upon delivery of the used car, the distributor shall deliver to the consumer the following supporting documents and documents and ensure that the physical condition of the vehicle is consistent with the stated information:
(1) motor vehicle registration certificate
(2) motor vehicle licence
(3) uniform invoice for sale of used vehicles
(4) a certificate (or tax-exempt certificate) of completion of the vehicle purchase tax
(5) strong insurance policy (or other insurance documents)
7. In the course of a second-hand car transaction, the relevant operator may not restrict the domicile of the consumer, impose insurance on the consumer, impose on him or her services such as a surrogate vehicle transfer register, vehicle assessment, etc., or bind the sale of other goods or services。
8. The following violations are strictly prohibited for the subject:
(1) trading in illegal vehicles such as packaging, scrapping, theft and smuggling
(2) forgery, forgery or forgery of documents and transactions relating to vehicles
(3) false propaganda, price fraud, mandatory transactions
(4) failure to issue uniform invoices for the sale of used vehicles as required
(5) other business practices that violate laws and regulations。
With regard to the recycling and dismantling of end-of-life motor vehicles (initiation sector: city business bureau, joint inspection unit: municipal market supervision authority)
End-of-life motor vehicle recycling and dismantling enterprises (hereinafter referred to as “recycling and dismantling enterprises”) should strictly implement the provisions of the civil code of the people's republic of china, the law of the people's republic of china on product quality, the law of the people's republic of china on prices, the measures for the management of end-of-life motor vehicle recycling, and the rules for the implementation of the measures for the management of end-of-life motor vehicle recycling, among others, to regulate business conduct。
(i) subject eligibility compliance
The recycling facility shall have the legal personality of the enterprise and shall be operated in such a way as to include the item “recycling of end-of-life motor vehicles” and obtain a legal certification of end-of-life vehicle recovery。
2. Storage, dismantling sites, dismantling equipment, facilities and demanufacturing practices should be available that meet the requirements of national standards for recycling and dismantling operations for end-of-life motor vehicles。
3. Professional technicians and managers appropriate to the size of their operations shall be available。
(ii) operational compliance
1. The recovery and dismantling facility shall, at the place of operation, clearly indicate the process of recycling end-of-life motor vehicle services, the recovery price (including pricing criteria), the item to be charged and the criteria, if any, the monitoring of the reporting call, etc., and shall not charge an additional fee over and above the stated price. Price fraud is strictly prohibited。
2. When recovering a used motor vehicle, the seller's identification information, proof of ownership of the vehicle (motor vehicle registration certificate, driver's licence, etc.) shall be strictly verified, information on the model, plate number, vehicle identification code, etc. Of the used motor vehicle shall be properly registered, and a recovery contract shall be concluded, specifying the rights and obligations of the parties。
3. The recycling of used motor vehicles without valid legal documents, the recovery of vehicles that have been stolen or stolen, smuggled, assembled or unlawfully converted, etc., is strictly prohibited。
4. The recycling and dismantling facility must dismantle the recovered scrap motor vehicle at its certified dismantling site, prohibiting any trade in scrap motor vehicle completes and reassembly。
The recycling and dismantling facility shall establish a sales counter for spare parts for end-of-life motor vehicles, which shall record, as appropriate, information on the number, model, flow, etc. Of “five-sum” of end-of-life motor vehicles. Parts generated by dismantling, scrap metal, waste, etc. Should be sorted, stored and regulated, and reusable parts must be certified and labelled as “end-of-life motor vehicle return” before being sold。
6. Certificates of recovery of end-of-life motor vehicles shall be issued in good faith and shall not be forged, altered, traded, rented or borrowed。
7. Outreach activities should be genuine, legitimate and should not contain false or misleading elements, deceive or mislead relevant subjects, and refrain from exaggerating recycling capacity, falsifying decomposition standards or the reuse value of non-compliant components。
With regard to single-use prepaid cards (initiative sector: city business bureau, joint inspection unit: municipal market supervision authority)
The issuing enterprises shall comply with the laws and regulations of the people's republic of china on the protection of consumer rights and interests, the regulations on the implementation of the protection of consumer rights and interests of the people's republic of china, and the measures for the regulation of single-use business prepaid cards (preliminary) act, among others, to regulate the conduct of business。
(i) subject eligibility compliance
1. Regulatory matters are the conduct of single-use commercial prepaid cards in the territory of the people's republic of china by legal entities engaged in retail trade, accommodation and catering, and residential services。
2. The group issuing company is the parent of the group issuing the single-use card used in the group. Group means a consortium of corporate entities in which the legal person of the same enterprise is in absolute control。
3. A branded card company is a corporate entity that issues a single-use card for use in the same branded licensing system and that owns the brand's business logo or registered trademark, or is authorized to own its logo or registered trademark exclusive use. The same brand licensing system refers to a consortium of corporate entities using the same business logo or registered trademark。
4. Large-scale issuing companies are those that meet one of the following conditions, except for a group issuing company, a branding company:
(1) over $5 million in annual operating income in the previous fiscal year
(2) business registration is less than one year and the registered capital is over 1 million yuan。
(ii) operational compliance
The enterprise may issue bearer cards and bearer cards, which may be lost。
2. The issuing or selling business shall publish or supply to the purchaser a single-purpose card charter and enter into a card purchase agreement at the request of the purchaser. The issuing or selling company shall fulfil its obligation to inform and ensure that the purchaser is aware of and accepts the content of the single-purpose card charter or agreement。
Single-purpose card charters and card purchase agreements should include the following:
(1) name, type and function of the single-purpose card
(2) the method of purchase, filling, use, refund of a single-purpose card, which shall also include the method of loss or transfer
(3) fees and criteria
(4) the rights, obligations of the parties
(5) the principle of settlement of disputes and liability for breach of contract
(6) other matters provided for in the relevant laws and regulations and normative documents。
If an individual or unit buys a bearer card or buys a single card of $10,000 or more, the issuing or selling company shall require the purchaser and its agent to produce a valid identity document and to retain the name or unit name, valid identity card number and contact information of the purchaser and his/her agent。
Personal valid identity documents include residential identity cards, household registers, military identification documents, carabineros identity documents, hong kong/australia resident passes, passports, etc. The unit's valid identity documents include business licences, corporate certificates, tax registers, organizational codes, etc。
4. Companies that issue cards and those that sell them shall maintain the registration of the purchaser for more than five years。
The issuing and selling companies shall keep confidential the identity and transaction information of the purchasers and their agents and shall not make it available to third parties unless otherwise provided by law。
5. A unit that buys single-purpose cards for more than $5,000 or more, or a person for more than $50,000, and a unit or individual that buys cards on an off-site basis, shall be subject to bank transfers and shall not use cash, and the issuing or selling business shall record the transfer, transfer to account name, account number, amount, etc。
The issuing and selling enterprises shall issue invoices in strict compliance with the relevant state regulations。
6. The limit for a single bearer card shall not exceed $5,000 and the limit for a single bearer card shall not exceed $1,000。
A single single-purpose card shall not exceed the limit established in the preceding paragraph。
The name card shall not be valid; the bearer card shall not be valid for less than three years。
The issuing or selling of cards shall provide a combination of activation, change of cards and other services for bearer cards that have a balance of funds beyond the validity period。
8. If the purchase of a commodity using a single-purpose card requires a return, the issuing or receiving enterprise shall return the funds to the original card. If the original single-purpose card does not exist or if the balance of funds in the returned card exceeds the limit of the single-purpose card, it shall be returned to the holder of the card in the same single-purpose card as the enterprise that issued the card。
If the value of the refund is less than $100, cash may be paid。
9. The issuing or selling company shall provide a return card service in accordance with the single-purpose card charter or agreement。
At the time of the issuance of the card, the issuing or selling company is required to produce a valid identity document and to keep information on the name, number, number and amount of the card。
The issuing or selling business shall return the funds to a bank account with the same name as the refundee and keep the bank account information. Cash may be paid if the balance of the cane fund is less than $100。
If the issuing enterprise terminates the payment of an unexpired single-purpose card, the issuing and selling company shall provide the card holder with a free card refund service and publicize it through more than 30 days before the termination date。
