汽车品牌销售管理实施办法 Administration of Automobile Brand Sales Implementing Procedures

apital contribution of an overseas investor that engages in automobile brand sales activities in China and that has opened more than 30 stores in aggregate shall not exceed 49%.

　　PART THREE　CODE OF CONDUCT GUIDELINES FOR AUTOMOBILE SUPPLIERS

　　Article 17　Automobile suppliers shall provide automobile resources and the trademarks for services of the automobile manufacturing enterprise to the authorized automobile brand dealers for implementation of network plan.

　　Article 18　Automobile suppliers shall strengthen administration of brand sales and service network， standardize sales and after-sale services， and announce in a timely manner the list of automobile brand sales and service enterprises that have been authorized and enterprises whose authorization have been cancelled. They shall not provide automobile resources to enterprises that have not been authorized for automobile brand sales or enterprises that do not satisfy the conditions for such business.

　　Article 19　Automobile suppliers shall provide automobile quality warranty and give service pledges to consumers and announce to the public in a timely manner the models they will cease to manufacture， and shall adopt active measures to ensure the supply of parts for a reasonable period.

　　Automobile suppliers may not supply and sell automobiles that do not comply with the national safety and technical standards for motor vehicles and that are not listed in the Road Motor Vehicle Manufacturing Enterprises and Products Announcement.

　　Article 20　Automobile suppliers shall reasonably distribute automobile brand sales and service outlets. The distance between an automobile brand sales outlet and its ancillary parts supply and after-sale service centre shall not exceed 150 km.

　　Article 21　Automobile suppliers shall sign business authorization contracts with automobile brand dealers. The business authorization contract shall be fair and impartial， and may not contain terms discriminatory to automobile brand dealers.

　　Article 22　Unless stipulated otherwise in the authorization contract， an automobile supplier may no

t directly sell automobiles to users in the authorized sales region of an automobile brand dealer.

　　Article 23　Automobile suppliers shall， according to the service functions of automobile brand dealers， provide them with business training such as training on marketing， publicity， after-sale services and technical services， and the necessary technical support.

　　Article 24　Automobile suppliers may not interfere with the construction， equipment procurement and business activities of the automobile brand dealers outside the business authorization contract nor impose sales quota and impel sale of brands in bundle.

　　PART FOUR　CODE OF CONDUCT GUIDELINES FOR AUTOMOBILE BRAND DEALERS

　　Article 25　Automobile brand dealers shall engage in automobile brand sales， after-sale services and supply of parts within the scope authorized by automobile suppliers.

　　Article 26　Automobile brand dealers shall rigorously abide by the business authorization contract with the automobile supplier， use the trademark for services of the automobile manufacturing enterprise provided by the automobile supplier， protect the enterprise image and brand image of the automobile supplier， and raise the sales and service level of the branded automobiles they deal in.

　　Article 27

　　Automobile brand dealers must display the store name， logo and trademark authorized for use by the automobile supplier at a prominent spot at the business premises， and shall not engage， in any form， in business in branded automobiles for which they have not been authorized.

　　Article 28　Unless permitted by the authorizing automobile supplier， an automobile brand dealer may only sell authorized branded automobiles directly to end users.

　　Article 29　Automobile brand dealers shall clearly display the automobile quality warranty and the particulars of after-sale services to consumers at the business premises， provide the corresponding after-sale services in accordance with the stipulations of the business authorization contract with the automobile supplier and the requirements of service standards， and shall accept supervision by consumers.

　　Article 30　Automobile brand dealers shall clearly indicate the prices and various charging standards in relation to the branded automobiles in which they deal at the business premises， abide by pricing laws and regulations， and mark prices clearly.

　　Article 31　Automobile brand dealers may not sell automobiles that do not comply with the national safety and technical standards and that are not listed in the Road Motor Vehicle Manufacturing Enterprises and Products Announcement.

　　Article 32　Automobile brand dealers shall set up information management systems for sales business and user files that accurately and timely reflect the sale trends， user requirements and other related information in their sales region.

　　PART FIVE　SUPERVISION AND ADMINISTRATION

　　Article 33　If a domestic automobile manufacturing enterprise transfers its rights and interests of sales to other legal person organizations， it shall， in addition to applying to the Ministry of Commerce for approval according to provisions， apply to the original project examination and approval authority for verification and approval.

　　Article 34　A record filing system shall be set up for automobile general distributors and brand dealers. Automobile general distributors that satisfy the conditions for establishment and have obtained a business licence shall file a record with the State Council department in charge of commerce within two months of obtaining the business licence. Automobile brand dealers that satisfy the conditions for establishment and have obtained a business licence shall file a record with the department in charge of commerce at the provincial level at the place where they are located within two months of obtaining the business licence. The department in char

ge of commerce at the provincial level shall periodically report the record filing details of automobile brand dealers to the State Council department in charge of commerce.

　　Article 35　Automobile suppliers shall file the relevant materials such as the store names， logos and trademarks to be used by the authorized automobile brand dealers with the StateCouncil department in charge of commerceand the administration for industry and commerce of the State Council. The Chinese name of imported automobile brands shall be consistent with the record filed with the State quality and technical supervision authority and other authorities.

　　Article 36　Prior to 1 October 2005， automobile suppliers shall confirm the automobile sales enterprises they establish prior to the implementation of these Procedures， and shall file with the State Council department in charge of commerce and the administration for industry and commerce of the State Council the list of confirmed automobile general distributors and brand dealers as well as the details of brand authorization and enterprise registration. Confirmed automobile general distributors and brand dealers shall complete amendment registration with the administration for industry and commerce at the place where they are located. The administration for industry and commerce shall determine the scope of business of such enterprises as “sale of branded automobiles”。

　　Applications for engagement in automobile brand sales activities by automobile sales enterprises that have not been confirmed shall be handled according to the procedures stipulated in Articles 10 and 13 hereof.

　　Article 37　In case of violation of Article 18 or Article 28 hereof， the administration for industry and commerce shall order rectification and suspend the examination and approval of establishment of new brand sales outlets by the automobile supplier.

　　Violation of other provisions hereof shall be investigated and handled by the administration for industry and commerce in accordance with the relevant laws and regulations.

　　Article 38　The administration for industry and commerce of the State Council shall， in a timely manner， announce to the public the list of automobile general distributors and brand dealers that have completed the procedures in accordance with Articles 10， 13 and 36 hereof.

　　Article 39　The department in charge of commerce and the administration for industry and commerce shall adopt effective measures within their respective scope of duty to strengthen regulation of automobile trading activities and the automobile trading market， investigate and handle illegal business activities in accordance with the law， maintain market order and protect the lawful rights and interests of consumers， automobile suppliers and brand dealers.

　　Article 40　The administration for industry and commerce of the State Council shall， in conjunction with the department in charge of commerce， set up credit files of automobile suppliers and brand dealers， and shall announce in a timely manner the list of enterprises that violate provisions.

　　Article 41　The automobile industry association shall formulate code of conduct for the industry， strengthen guidance and supervision， and properly carry out industry self-regulation.

　　Article 42　The State Council department in charge of commerce shall strengthen regulation of evaluation by expert committees organized by the automobile industry association， and relentlessly investigate and handle acts of violation of regulations in the evaluation work of expert committees.

　　PART SIX　SUPPLEMENTARY PROVISIONS

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