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

2006-05-12 19:16   我要纠错 | 打印 | 收藏 | | |

商务部、发改委、国家工商总局2005年第10号令

(Promulgated by the Ministry of Commerce, the National Development and Reform Commission and the State Administration for Industry and Commerce on 21 February 2005 and effective as of 1 April 2005.)

颁布日期:20050221  实施日期:20050401  颁布单位:商务部、 发改委、 国家工商总局

  PART ONE GENERAL PROVISIONS

  Article 1 These Procedures have been formulated in accordance with the relevant State laws and administrative regulations in order to regulate the sales activities of automobile brands, promote the healthy development of the automobile market and protect the lawful rights and interests of consumers.

  Article 2 These Procedures apply to the sales activities of automobile brands in the People‘s Republic of China.

  Article 3 For the purposes of these Procedures, the term “automobile brand sales” means the automobile business activities of automobile suppliers or their authorized automobile brand dealers using uniform store names, logos, trademarks, etc.

  The term “automobile suppliers” means enterprises that supply automobile resources to automobile brand dealers, including automobile manufacturing enterprises and automobile general distributors.

  The term “automobile brand dealers” means enterprises authorized by automobile suppliers to engage in automobile sales and service activities by means of sale of automobile brands.

  The term “automobile general distributors” means enterprises that are authorized by domestic or foreign automobile manufacturing enterprises to establish automobile brand sales and service networks in China to engage in distribution of automobiles.

  Article 4 Where a domestic or foreign automobile manufacturing enterprise sells the automobiles it manufactures in China, it shall establish a sound automobile brand sales and service system to raise its marketing and service levels.

  Article 5 Automobile suppliers shall formulate an automobile brand sales and service network plan (hereafter, “network plan”)。 A network plan shall include: business forecast, outlet location plan, schedule for setting up the network, and standards for setting up stores, software and hardware, and after-sale services, etc.

  Article 6 The network plan of the same automobile brand shall, in general, be formulated and implemented by a domestic enterprise. Domestic automobile manufacturing enterprises may directly formulate and implement their network plans or authorize a domestic automobile general distributor to formulate and implement their network plans. Foreign automobile manufacturing enterprises that sell automobiles in China must authorize a domestic enterprise, or establish an enterprise in China as their automobile general distributor in accordance with the relevant State provisions, to formulate and implement their network plans.

  Article 7 The State Council department in charge of commerce shall be responsible for nation-wide administration of automobile brand sales. The administration for industry and commerce of the State Council shall be responsible for the regulation of automobile brand sales within its scope of duty.

  The department in charge of commerce of provinces, autonomous regions, municipalities directly under the central government and municipalities with independent development plans (hereafter, “department in charge of commerce at the provincial level”) shall, within their respective scope of duty, be responsible for the regulation of automobile brand sales within their jurisdiction.

  PART TWO ESTABLISHMENT OF AUTOMOBILE GENERAL DISTRIBUTORS AND BRAND DEALERS

  Article 8 Automobile general distributors shall satisfy the following conditions:

  1. having enterprise legal person status;

  2. having obtained written authorization from the automobile manufacturing enterprise for the exclusive right to distribute specific brands of automobiles; and

  3. having professional automobile marketing capabilities, which mainly include market research, marketing planning, advertising and promotion, network building and guidance, product services and technical training and consultancy, supply of parts and logistics management.

  Automobile general distributors established with foreign investment shall comply with the provisions on administration of foreign investment in addition to the aforementioned conditions.

  Article 9 Automobile brand dealers shall satisfy the following conditions:

  1. having enterprise legal person status;

  2. having obtained authorization from the automobile supplier for sale of branded automobiles;

  3. the store name, logo and trademark used are consistent with those authorized by the automobile supplier;

  4. having the premises, facilities, and professional and technical personnel commensurate with the scope and scale of business; and

  5. the new store to be opened satisfies the relevant provisions on urban development and urban commercial development of the place where it is to be located.

  Automobile brand dealers established with foreign investment shall comply with the provisions on administration of foreign investment in addition to the aforementioned conditions.

  Article 10 Applications for establishment of automobile general distributor or brand dealer shall be handled according to the following procedure:

  1. Applicants for automobile general distributor shall submit the relevant materials in compliance with Article 8 to the administration for industry and commerce of the State Council for record filing.

  2. Automobile suppliers shall submit the relevant materials of the applicant for automobile brand dealer in compliance with Article 9 to the administration for industry and commerce of the State Council for record filing.

  3. Applicants for establishing automobile general distributor or brand dealer with foreign investment shall respectively submit the relevant materials in compliance with Article 8 or Article 9 and the provisions on administration of foreign investment to the department in charge of commerce at the provincial level at the place where the automobile general distributor or brand dealer is proposed to be established. After preliminary examination of the materials submitted, the department in charge of commerce at the provincial level shall submit them to the State Council department in charge of commerce within one month of receipt of the complete application materials. If there is an enterprise group with State independent development plans in the Chinese parties to the joint venture, the application materials may be submitted directly to the State Council department in charge of commerce. The State Council department in charge of commerce shall, in conjunction with the administration for industry and commerce of the State Council, render a decision on whether or not to grant approval within three months of receipt of the complete application materials. If the application is approved, a Foreign-invested Enterprise Approval Certificate shall be issued or re-issued to the applicant. If the application is not approved, the reasons therefor shall be stated.

  Merger and acquisition of automobile general distributors and brand dealers by foreign investors, and inclusion of automobile brand sales in the scope of business by established foreign-invested enterprises shall be handled according to the procedure stipulated in the preceding paragraph.

  Article 11 The State Council department in charge of commerce and the administration for industry and commerce of the State Council may appoint the automobile industry association to organize an expert committee to evaluate the qualifications of applicants for establishment of automobile general distributors and brand dealers. The evaluation opinions shall be used as reference for examination and approval, and record filing.

  Article 12 The administration for industry and commerce of the State Council shall examine the relevant supporting materials after accepting an application, and shall file a record if the application satisfies the conditions.

  Article 13 Applicants for automobile general distributor or brand dealer shall complete the registration procedures with the administration for industry and commerce at the place where they are located on the strength of the record filing document or the Foreign-invested Enterprise Approval Certificate.

  The administration for industry and commerce shall determine the scope of business of automobile general distributors and brand dealers as “sale of branded automobiles”。

  Article 14 If an automobile general distributor or a brand dealer changes the brands it deals in, it shall handle amendment registration in accordance with the procedures stipulated in Articles 10 and 13.

  Article 15 Automobile brand dealers that engage in franchising business shall obtain authorization from the automobile supplier, and shall handle the matter according to the procedures stipulated in Articles 10 and 13.

  Automobile general distributors or brand dealers that establish a non-legal person branch to engage in automobile brand sales activities shall register with the administration for industry and commerce on the strength of written materials with the authorization and consent for establishment by the automobile supplier.

  Establishment of non-legal person branches by foreign-invested automobile general distributors and brand dealers shall follow the procedure stipulated in Article 10.

  Article 16 Prior to 11 December 2006, the capital 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 not 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 charge 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

  Article 43 These Procedures shall apply to passenger vehicles as of the date of implementation, and to all automobiles except special-purpose vehicles as of 1 December 2006.

  Article 44 For the purposes of these Procedures, the terms “automobiles”, “passenger vehicles” and “special-purpose vehicles” refer to the vehicles defined by the national standards of “Terminology and Definitions of the Types of Automobiles and Trailers” of the People‘s Republic of China (GB/T 3730.1-2001)。

  Article 45 The composition of expert committees organized by the automobile industry association and the implementing rules for evaluation of the qualifications of automobile general distributors and brand dealers shall be formulated by the automobile industry association and submitted to the State Council department in charge of commerce for approval before implementation.

  Article 46 These Procedures shall be implemented as of 1 April 2005.

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