Implementing Measures on Management of Automobile Brand Marketing (Chinese and English Text)
Major Law
Additional Laws and Regulations
Short Summary
The following translation and Chinese text were retrieved from the Ministry of Commerce's Invest in China Web site on February 6, 2007.
Order of the Ministry of Commerce, State Development and Reform Commission, State Administration for Industry and Commerce No. 10 Implementing Measures on Management of Automobile Brand Marketing examined and adopted at the 17th executive meeting of the Ministry of Commerce on December 8, 2004, are hereby promulgated and shall come into force as of the day of April 1, 2005. Minister, Bo Xilai Director, Ma Kai Director General, Wang Zhongfu February 21, 2005 Implementing Measures on Management of Automobile Brand Marketing Chapter I General Provisions Article 1 For the purposes of regulating the behavior of automobile brand marketing, promoting the healthy development of automobile market, protecting consumer's legitimate rights and interests, these measures are formulated in accordance with relevant national laws and administrative regulations. Article 2 These measures apply to the activities in the automobile brand marketing within the territory of the People's Republic of China. Article 3 Automobile brand marketing in term of these measures means the activities that the automobile supplier or its authorized automobile brand distributor use uniform shop name, identification, trade mark to be engaged in automobile business. Automobile supplier refers to the enterprises that supply automobile resources to automobile brand distributors, including automobile production enterprises, general automobile distributors. Automobile brand distributor means the enterprises that are authorized by the automobile supplier and engaged in automobile sales and service in form of automobile brand marketing. General automobile distributor means the enterprises that are authorized by domestic or external automobile production enterprises, have its own network for automobile brand marketing and service and engaged in distributing of automobiles. Article 4 The domestic or external automobile production enterprises that sell the automobiles produced by their own should establish perfect automobile brand marketing and service system in order to improve their marketing and service level. Article 5 Automobile supplier should make network plans on automobile brand marketing and service (hereinafter referred to as "network plan"). Network plan includes: business prediction, site overall arrangement plan, the progress rate of network development and the standard of shop building, software and hardware, after-sale service and etc.. Article 6 The network plan of the same automobile brand is generally made and implemented by a domestic enterprise. Domestic automobile production enterprises 1/6 may either make and implement network plan directly or authorize domestic general distributor to make and implement the network plan. If an external automobile production enterprise sells automobiles in the territory of China, it should authorize a domestic enterprise to do it or establish an enterprise in accordance with relevant national rules as its general automobile distributor to make and implement network plan. Article 7 The competent commercial administration of the State Council is responsible for the management of automobile brand marketing all over the country. The industrial and commercial administration of the State Council is responsible for the supervision and management of automobile marketing within the range of its duty. The competent commercial administrations of the provinces, autonomous regions, the municipalities directly under the Central Government, cities specifically designated in the state plan (hereinafter referred to as "provincial competent commercial administrations), local industrial and commercial administrations are responsible for the supervision and management of automobile marketing under their jurisdiction within the scope of their own official duty. Chapter II Establishment of Automobile General Distributor and Brand Distributor Article 8 General automobile distributor should meet with following requirements: 1. Have the qualification of enterprise's legal personality; 2. Have obtained the written authorization of automobile production enterprises, have the right to distribute specific brand automobile independently; 3. Have the ability of specialized automobile marketing, mainly including market survey, marketing plan, advertisement promotion, network development and guidance, products service and technical training and consultation, fitting supply and logistics management. Besides above requirements, if foreign businessmen invest general automobile distributor, they should also accord with relevant rules of investment management of foreign businessmen. Article 9 Automobile brand distributor should meet with following requirements: 1. Have the qualification of enterprise's legal personality; 2. Have obtained the rights of selling automobile brand of automobile supplier; 3. The used name, identification and trade mark should be as the same as the ones authorized by automobile supplier; 4. Have the places, facilities and professionals that correspond with business scope and scale; 5. Newly opened shop should accord with relevant regulations of the development of the city where it is and the commercial development of the city. Besides above requirements, if foreign businessmen invest in general automobile distributor, they should also accord with relevant provisions of investment management of foreign businessmen. Article 10 The application for setting up general automobile distributor and brand distributor should be handled in accordance with following procedures: 1. The applicant for general automobile distributor should submit relevant materials that accord with the provisions of Article 8 to the industrial and commercial administration of the State Council for the record; 2. Automobile supplier should submit relevant materials of the applicant for automobile brand distributor that meet with the requirements of Article 9 to 2/6 industrial and commercial administration of the State Council for record; 3. The applicant for establishing general automobile distributor or brand distributor invested by foreign businessmen should submit relevant materials that accord separately with article 8 or 9 and related regulations of foreign investment management to the provincial competent commercial administration where the general automobile distributor or brand distributor plan to establish. The provincial competent commercial administration should submit all the materials after preliminary examination to the competent commercial administration of the State Council within one month at the receipt of them. If the Chinese part of the joint venture has the groups specifically designated in the state plan, it may submit the application materials directly to the competent commercial administration of the State Council. The competent commercial administration should make a decision together with industrial and commercial administration of the State Council whether the application is approved or not within three months at the receipt of it. To the application that has been approved, the Approval Certificate of Foreign-Investment Enterprise should be issued or changed for the applicant. Otherwise, reasons should be given. If any foreign businessman merges general automobile distributor, brand distributor and the established foreign-investment enterprise broadens the business scope of automobile brand marketing, it should handle it in accordance with the preceding paragraph. Article 11 The competent commercial administration or industrial and commercial administration of the State Council may entrust Automobile Trade Association to organize the Expert Committee to assess qualifications of the applicant that apply for establishing general automobile distributor or brand distributor. The comments of the assessment should serve as the reference for the approval and the putting on record. Article 12 The industrial and commercial administration of the State Council should put relevant proofs on record after receipt and examination of them if they accord with the requirements. Article 13 The applicant for general automobile distributor or brand distributor should go to the local industrial and commercial administration to go through registration formalities by the record documents or Approval Certificate of Foreign Invested Enterprise. The industrial and commercial administration should check ad ratify the business scope of the general automobile distributor or brand distributor as "brand automobile marketing". Article 14 General automobile distributor or brand distributor involving in brand changes should go through the change registration formalities according to the procedures of Article 10 or 13. Article 15 Automobile brand distributor should obtain the authorization entrusted by automobile supplier for linkage business and handle it in accordance with the procedures of Article 13. General automobile distributor and brand distributor who establish non legal person's branch that is engaged in automobile brand marketing should go through registration formalities in local industrial and commercial administration by the written materials that the automobile supplies agree it to establish the branch. A foreign invested general automobile distributor or brand distributor that will establish non legal person's branch should go through the formalities in accordance with the procedures of Article 10. Article 16 If the same external investor is engaged in the automobile brand marketing within the territory of China and opens shops more than 30 accumulatively before December 11, 2006, the proportion of investment can't 3/6 exceed 49%. Chapter III Automobile supplier's Code of Conduct Article 17 Automobile supplier should provide authorized automobile brand distributor with automobile resources and automobile enterprise's own service mark, and implement network plan. Article 18 The automobile supplier should strengthen the management of brand sales and service network, regulate sale and after-sale service, and announce to the society in time the name list of authorized and cancelled automobile brand marketing and service enterprises. It should not provide automobile resources to the enterprise that has not been authorized by automobile distributor or does not meet with the requirements of the business. Article 19 The automobile supplier should provide quality assurance and make the service promise to the consumers, publish in time to the society the types that stop production, and take positive measures to ensure the supply of the fittings within proper time limit. The automobile supplier should not supply and sell the automobile that does not accord with national technical standard of automobile safety and is not listed in the Announcement of Production Enterprises and the Products of Road Automobile. Article 20 Automobile supplier should make reasonable overall arrangement of automobile brand sales and service sites. The distance between the site of automobile brand marketing and the site of the supply of its complete set of the fittings and after-sale service network should not exceed 150 kilometers. Article 21 Automobile supplier should sign the authorization business contract with automobile brand distributors. Authorization business contract should be fair, just and should not have discriminative provisions to automobile brand distributor. Article 22 Automobile supplier should not sell automobiles directly to the consumers within the sale area authorized by automobile brand distributor unless there are other agreements in the authorization contract. Article 23 The automobile supplier should offer corresponding business training of marketing, propaganda, after-sale service, technical service and necessary technical support according to the service functions of automobile brand distributor. Article 24 The automobile supplier should not intervene automobile brand distributor's construction, equipment purchase and business activities beyond the authorization contract, should not stipulate distributing quantity and brand package sale by force. Chapter IV Automobile Brand Distributor's Code of Conduct Article 25 Automobile brand distributor should be engaged in the activities of automobile brand sale, after-sale service, fitting supplying etc. within the scope authorized by automobile supplier. Article 26 Automobile brand distributor should strictly observe the authorization management contract with the automobile supplier, use the service mark of automobile production enterprise provided by automobile supplier, safeguard the images of the enterprise and brand of automobile supplier, improve marketing and service level relating to the automobiles brand. Article 27 Automobile brand distributor must place the shop's name, identification 4/6 and trade mark authorized by automobile supplier on a conspicuous position, and must not do the business about un-authorized automobile brand in any form. Article 28 Automobile brand distributor should not sell the authorized brand automobile directly to the final consumers unless the authorized automobile supplier allows it to do so; Article 29 Automobile brand distributor should show clearly to the consumers the quality assurance of the automobile and after sale service in its business place, provide corresponding after-sale service in accordance with the agreement and the requirements of the service standard of business contract authorized by automobile supplier. Article 30 Automobile brand distributor should show clearly the price and the standard of collecting fees of the brand automobile it deals with in the business place, observe the laws and regulations of the price and mark the price clearly. Article 31 Automobile brand distributor must not sell the automobile that does not accord with national safety technical standard of motor vehicle, the automobile that is not listed in the Announcement of the Production Enterprises and the Products of the Road Automobile. Article 32 The automobile brand distributor should set up information management system of marketing and files of the consumers, reflecting in time the marketing trends, user's demand and other relevant information in this area Chapter V Supervision Management Article 33 A domestic automobile production enterprise that transfers the rights and interests of selling link to other bodies of legal persons should report to the Ministry of Commerce for approval in accordance with the provisions, and it should also report to the original project approval authority for the examination and approval. Article 34 File on record rules of general automobile distributor or brand distributor shall be established. The general automobile distributor that meet with the requirements of the establishment and has obtained business license should be put on record to the competent commercial administration of the State Council within 2 months from the day of obtaining business license. The automobile brand distributor that meet with the requirement of the establishment and has obtained business license should be put on record to the provincial competent commercial administration where it locates within 2 months from the day of obtaining business license. The provincial competent commercial administration should report the record information of automobile brand regularly to the competent commercial department of the State Council. Article 35 Automobile supplier should report the shop's name, identification and trade mark used by authorized automobile brand distributor to the competent commercial administration and industrial and commercial administration of the State Council for the record. The name in Chinese used by import automobile brand should accord with the one that is put on record by national quality and technical supervision administration. Article 36 Before October 1, 2005, automobile supplier should make confirmation to the automobile marketing enterprises established before the implementation of these measures, and report the name list of confirmed general automobile distributors, brand distributors and brand authorization, enterprise registration and etc. to the competent commercial administration and industrial and commercial administration of the State Council for record. The confirmed general automobile distributor and brand distributor should go through change formalities in local industrial and commercial administration. The industrial and commercial 5/6 administration should verify their business scope as "brand automobile marketing". Unconfirmed automobile marketing enterprises that apply for automobile brand marketing should go through the formalities in accordance with the procedures of Article 10 and 13 of these Measures. Article 37 Whoever violates the provisions of Article 18 and 28 should be instructed by industrial and commercial administration to correct and stop the verification of brand marketing sites newly established by automobile supplier. To those violating other provisions of these measures, the industrial and commercial administration should check and deal with it in accordance with relevant laws and regulations Article 38 The industrial and commercial administration of the State Council should handle and publish to the society in time the name list of general automobile distributors and brand distributors in accordance with the provisions of Article 10, 13 and 36 of these measures. Article 39 The competent commercial administration and industrial and commercial administration should take effective measures, strengthen the supervision management of automobile marketing and automobile market within the scope of their own functions and responsibilities, investigate and deal with illegal business activities in accordance with laws, safeguarding the order of the market, protect the lawful rights and interests of the consumers, automobile suppliers and brand distributors. Article 40 The industrial and commercial administration of the State Council should establish credit files of automobile suppliers and brand distributors and publish in time the name list of the enterprises that violate the regulations together with the competent commercial administration. Article 41 The Automobile Trade Association should make trade norm, strengthen the guidance and supervision, and do well in trade self discipline. Article 42 The competent commercial administration of the State Council should strengthen the supervision and management of the assessment of the expert committee organized by Automobile Trade Association, investigate and deal with the illegal activities in the assessment of the expert committee. Chapter VI Supplementary Provisions Article 43 These measures apply to passenger cars as of the implementation of them and apply to all automobiles except for special-purpose vehicles as of December 1, 2006. Article 44 The "automobile", "passenger car" and "special-purpose vehicle" in term of these measures" refer to the automobiles defined in Technical Terms and Definition of the Types of Automobiles and Trailers (GB/T 3730.1－2001) of national standard of the People's Republic of China. Article 45 The composition of the expert committee organized by Automobile Trade Association and the implementation measures of qualification assessment of general automobile distributor and brand distributor are made by automobile trade association and come into effect after the approval of the competent commercial administration of the State Council. Article 46 These measures will go into effect on April 1, 2005. 6/6
Order of the Ministry of Commerce, State Development and Reform Commission, State Administration for Industry and Commerce No. 10 Implementing Measures on Management of Automobile Brand Marketing examined and adopted at the 17th executive meeting of the Ministry of Commerce on December 8, 2004, are hereby promulgated and shall come into force as of the day of April 1, 2005. Minister, Bo Xilai Director, Ma Kai Director General, Wang Zhongfu February 21, 2005 Implementing Measures on Management of Automobile Brand Marketing Chapter I General Provisions Article 1 For the purposes of regulating the behavior of automobile brand marketing, promoting the healthy development of automobile market, protecting consumer's legitimate rights and interests, these measures are formulated in accordance with relevant national laws and administrative regulations. Article 2 These measures apply to the activities in the automobile brand marketing within the territory of the People's Republic of China. Article 3 Automobile brand marketing in term of these measures means the activities that the automobile supplier or its authorized automobile brand distributor use uniform shop name, identification, trade mark to be engaged in automobile business. Automobile supplier refers to the enterprises that supply automobile resources to automobile brand distributors, including automobile production enterprises, general automobile distributors. Automobile brand distributor means the enterprises that are authorized by the automobile supplier and engaged in automobile sales and service in form of automobile brand marketing. General automobile distributor means the enterprises that are authorized by domestic or external automobile production enterprises, have its own network for automobile brand marketing and service and engaged in distributing of automobiles. Article 4 The domestic or external automobile production enterprises that sell the automobiles produced by their own should establish perfect automobile brand marketing and service system in order to improve their marketing and service level. Article 5 Automobile supplier should make network plans on automobile brand marketing and service (hereinafter referred to as "network plan"). Network plan includes: business prediction, site overall arrangement plan, the progress rate of network development and the standard of shop building, software and hardware, after-sale service and etc.. Article 6 The network plan of the same automobile brand is generally made and implemented by a domestic enterprise. Domestic automobile production enterprises 1/6 may either make and implement network plan directly or authorize domestic general distributor to make and implement the network plan. If an external automobile production enterprise sells automobiles in the territory of China, it should authorize a domestic enterprise to do it or establish an enterprise in accordance with relevant national rules as its general automobile distributor to make and implement network plan. Article 7 The competent commercial administration of the State Council is responsible for the management of automobile brand marketing all over the country. The industrial and commercial administration of the State Council is responsible for the supervision and management of automobile marketing within the range of its duty. The competent commercial administrations of the provinces, autonomous regions, the municipalities directly under the Central Government, cities specifically designated in the state plan (hereinafter referred to as "provincial competent commercial administrations), local industrial and commercial administrations are responsible for the supervision and management of automobile marketing under their jurisdiction within the scope of their own official duty. Chapter II Establishment of Automobile General Distributor and Brand Distributor Article 8 General automobile distributor should meet with following requirements: 1. Have the qualification of enterprise's legal personality; 2. Have obtained the written authorization of automobile production enterprises, have the right to distribute specific brand automobile independently; 3. Have the ability of specialized automobile marketing, mainly including market survey, marketing plan, advertisement promotion, network development and guidance, products service and technical training and consultation, fitting supply and logistics management. Besides above requirements, if foreign businessmen invest general automobile distributor, they should also accord with relevant rules of investment management of foreign businessmen. Article 9 Automobile brand distributor should meet with following requirements: 1. Have the qualification of enterprise's legal personality; 2. Have obtained the rights of selling automobile brand of automobile supplier; 3. The used name, identification and trade mark should be as the same as the ones authorized by automobile supplier; 4. Have the places, facilities and professionals that correspond with business scope and scale; 5. Newly opened shop should accord with relevant regulations of the development of the city where it is and the commercial development of the city. Besides above requirements, if foreign businessmen invest in general automobile distributor, they should also accord with relevant provisions of investment management of foreign businessmen. Article 10 The application for setting up general automobile distributor and brand distributor should be handled in accordance with following procedures: 1. The applicant for general automobile distributor should submit relevant materials that accord with the provisions of Article 8 to the industrial and commercial administration of the State Council for the record; 2. Automobile supplier should submit relevant materials of the applicant for automobile brand distributor that meet with the requirements of Article 9 to 2/6 industrial and commercial administration of the State Council for record; 3. The applicant for establishing general automobile distributor or brand distributor invested by foreign businessmen should submit relevant materials that accord separately with article 8 or 9 and related regulations of foreign investment management to the provincial competent commercial administration where the general automobile distributor or brand distributor plan to establish. The provincial competent commercial administration should submit all the materials after preliminary examination to the competent commercial administration of the State Council within one month at the receipt of them. If the Chinese part of the joint venture has the groups specifically designated in the state plan, it may submit the application materials directly to the competent commercial administration of the State Council. The competent commercial administration should make a decision together with industrial and commercial administration of the State Council whether the application is approved or not within three months at the receipt of it. To the application that has been approved, the Approval Certificate of Foreign-Investment Enterprise should be issued or changed for the applicant. Otherwise, reasons should be given. If any foreign businessman merges general automobile distributor, brand distributor and the established foreign-investment enterprise broadens the business scope of automobile brand marketing, it should handle it in accordance with the preceding paragraph. Article 11 The competent commercial administration or industrial and commercial administration of the State Council may entrust Automobile Trade Association to organize the Expert Committee to assess qualifications of the applicant that apply for establishing general automobile distributor or brand distributor. The comments of the assessment should serve as the reference for the approval and the putting on record. Article 12 The industrial and commercial administration of the State Council should put relevant proofs on record after receipt and examination of them if they accord with the requirements. Article 13 The applicant for general automobile distributor or brand distributor should go to the local industrial and commercial administration to go through registration formalities by the record documents or Approval Certificate of Foreign Invested Enterprise. The industrial and commercial administration should check ad ratify the business scope of the general automobile distributor or brand distributor as "brand automobile marketing". Article 14 General automobile distributor or brand distributor involving in brand changes should go through the change registration formalities according to the procedures of Article 10 or 13. Article 15 Automobile brand distributor should obtain the authorization entrusted by automobile supplier for linkage business and handle it in accordance with the procedures of Article 13. General automobile distributor and brand distributor who establish non legal person's branch that is engaged in automobile brand marketing should go through registration formalities in local industrial and commercial administration by the written materials that the automobile supplies agree it to establish the branch. A foreign invested general automobile distributor or brand distributor that will establish non legal person's branch should go through the formalities in accordance with the procedures of Article 10. Article 16 If the same external investor is engaged in the automobile brand marketing within the territory of China and opens shops more than 30 accumulatively before December 11, 2006, the proportion of investment can't 3/6 exceed 49%. Chapter III Automobile supplier's Code of Conduct Article 17 Automobile supplier should provide authorized automobile brand distributor with automobile resources and automobile enterprise's own service mark, and implement network plan. Article 18 The automobile supplier should strengthen the management of brand sales and service network, regulate sale and after-sale service, and announce to the society in time the name list of authorized and cancelled automobile brand marketing and service enterprises. It should not provide automobile resources to the enterprise that has not been authorized by automobile distributor or does not meet with the requirements of the business. Article 19 The automobile supplier should provide quality assurance and make the service promise to the consumers, publish in time to the society the types that stop production, and take positive measures to ensure the supply of the fittings within proper time limit. The automobile supplier should not supply and sell the automobile that does not accord with national technical standard of automobile safety and is not listed in the Announcement of Production Enterprises and the Products of Road Automobile. Article 20 Automobile supplier should make reasonable overall arrangement of automobile brand sales and service sites. The distance between the site of automobile brand marketing and the site of the supply of its complete set of the fittings and after-sale service network should not exceed 150 kilometers. Article 21 Automobile supplier should sign the authorization business contract with automobile brand distributors. Authorization business contract should be fair, just and should not have discriminative provisions to automobile brand distributor. Article 22 Automobile supplier should not sell automobiles directly to the consumers within the sale area authorized by automobile brand distributor unless there are other agreements in the authorization contract. Article 23 The automobile supplier should offer corresponding business training of marketing, propaganda, after-sale service, technical service and necessary technical support according to the service functions of automobile brand distributor. Article 24 The automobile supplier should not intervene automobile brand distributor's construction, equipment purchase and business activities beyond the authorization contract, should not stipulate distributing quantity and brand package sale by force. Chapter IV Automobile Brand Distributor's Code of Conduct Article 25 Automobile brand distributor should be engaged in the activities of automobile brand sale, after-sale service, fitting supplying etc. within the scope authorized by automobile supplier. Article 26 Automobile brand distributor should strictly observe the authorization management contract with the automobile supplier, use the service mark of automobile production enterprise provided by automobile supplier, safeguard the images of the enterprise and brand of automobile supplier, improve marketing and service level relating to the automobiles brand. Article 27 Automobile brand distributor must place the shop's name, identification 4/6 and trade mark authorized by automobile supplier on a conspicuous position, and must not do the business about un-authorized automobile brand in any form. Article 28 Automobile brand distributor should not sell the authorized brand automobile directly to the final consumers unless the authorized automobile supplier allows it to do so; Article 29 Automobile brand distributor should show clearly to the consumers the quality assurance of the automobile and after sale service in its business place, provide corresponding after-sale service in accordance with the agreement and the requirements of the service standard of business contract authorized by automobile supplier. Article 30 Automobile brand distributor should show clearly the price and the standard of collecting fees of the brand automobile it deals with in the business place, observe the laws and regulations of the price and mark the price clearly. Article 31 Automobile brand distributor must not sell the automobile that does not accord with national safety technical standard of motor vehicle, the automobile that is not listed in the Announcement of the Production Enterprises and the Products of the Road Automobile. Article 32 The automobile brand distributor should set up information management system of marketing and files of the consumers, reflecting in time the marketing trends, user's demand and other relevant information in this area Chapter V Supervision Management Article 33 A domestic automobile production enterprise that transfers the rights and interests of selling link to other bodies of legal persons should report to the Ministry of Commerce for approval in accordance with the provisions, and it should also report to the original project approval authority for the examination and approval. Article 34 File on record rules of general automobile distributor or brand distributor shall be established. The general automobile distributor that meet with the requirements of the establishment and has obtained business license should be put on record to the competent commercial administration of the State Council within 2 months from the day of obtaining business license. The automobile brand distributor that meet with the requirement of the establishment and has obtained business license should be put on record to the provincial competent commercial administration where it locates within 2 months from the day of obtaining business license. The provincial competent commercial administration should report the record information of automobile brand regularly to the competent commercial department of the State Council. Article 35 Automobile supplier should report the shop's name, identification and trade mark used by authorized automobile brand distributor to the competent commercial administration and industrial and commercial administration of the State Council for the record. The name in Chinese used by import automobile brand should accord with the one that is put on record by national quality and technical supervision administration. Article 36 Before October 1, 2005, automobile supplier should make confirmation to the automobile marketing enterprises established before the implementation of these measures, and report the name list of confirmed general automobile distributors, brand distributors and brand authorization, enterprise registration and etc. to the competent commercial administration and industrial and commercial administration of the State Council for record. The confirmed general automobile distributor and brand distributor should go through change formalities in local industrial and commercial administration. The industrial and commercial 5/6 administration should verify their business scope as "brand automobile marketing". Unconfirmed automobile marketing enterprises that apply for automobile brand marketing should go through the formalities in accordance with the procedures of Article 10 and 13 of these Measures. Article 37 Whoever violates the provisions of Article 18 and 28 should be instructed by industrial and commercial administration to correct and stop the verification of brand marketing sites newly established by automobile supplier. To those violating other provisions of these measures, the industrial and commercial administration should check and deal with it in accordance with relevant laws and regulations Article 38 The industrial and commercial administration of the State Council should handle and publish to the society in time the name list of general automobile distributors and brand distributors in accordance with the provisions of Article 10, 13 and 36 of these measures. Article 39 The competent commercial administration and industrial and commercial administration should take effective measures, strengthen the supervision management of automobile marketing and automobile market within the scope of their own functions and responsibilities, investigate and deal with illegal business activities in accordance with laws, safeguarding the order of the market, protect the lawful rights and interests of the consumers, automobile suppliers and brand distributors. Article 40 The industrial and commercial administration of the State Council should establish credit files of automobile suppliers and brand distributors and publish in time the name list of the enterprises that violate the regulations together with the competent commercial administration. Article 41 The Automobile Trade Association should make trade norm, strengthen the guidance and supervision, and do well in trade self discipline. Article 42 The competent commercial administration of the State Council should strengthen the supervision and management of the assessment of the expert committee organized by Automobile Trade Association, investigate and deal with the illegal activities in the assessment of the expert committee. Chapter VI Supplementary Provisions Article 43 These measures apply to passenger cars as of the implementation of them and apply to all automobiles except for special-purpose vehicles as of December 1, 2006. Article 44 The "automobile", "passenger car" and "special-purpose vehicle" in term of these measures" refer to the automobiles defined in Technical Terms and Definition of the Types of Automobiles and Trailers (GB/T 3730.1－2001) of national standard of the People's Republic of China. Article 45 The composition of the expert committee organized by Automobile Trade Association and the implementation measures of qualification assessment of general automobile distributor and brand distributor are made by automobile trade association and come into effect after the approval of the competent commercial administration of the State Council. Article 46 These measures will go into effect on April 1, 2005. 6/6
Title (Chinese)
汽车品牌销售管理实施办法
Body (Chinese)
商务部、国家发展和改革委员会、国家工商行政管理总局令第10号《汽车品牌销售管理实施办法》已经2004年12月8日商务部第17次部务会议审议通过，现予公布，自2005年4月1日起施行。商务部部长 薄熙来国家发展和改革委员会主任 马 凯国家工商行政管理总局局长 王众孚二○○五年二月二十一日汽车品牌销售管理实施办法第一章 总则第一条 为规范汽车品牌销售行为，促进汽车市场健康发展，保护消费者合法权益，根据国家有关法律、行政法规，制定本办法。第二条 在中华人民共和国境内从事汽车品牌销售活动，适用本办法。第三条 本办法所称汽车品牌销售，是指汽车供应商或经其授权的汽车品牌经销商，使用统一的店铺名称、标识、商标等从事汽车经营活动的行为。汽车供应商是指为汽车品牌经销商提供汽车资源的企业，包括汽车生产企业、汽车总经销商。汽车品牌经销商是指经汽车供应商授权、按汽车品牌销售方式从事汽车销售和服务活动的企业。汽车总经销商是指经境内外汽车生产企业授权、在境内建立汽车品牌销售和服务网络，从事汽车分销活动的企业。第四条 境内外汽车生产企业在境内销售自产汽车的，应当建立完善的汽车品牌销售和服务体系,提高营销和服务水平。第五条 汽车供应商应当制定汽车品牌销售和服务网络规划（以下简称网络规划）。网络规划包括：经营预测、网点布局方案、网络建设进度及建店、软件和硬件、售后服务标准等。第六条 同一汽车品牌的网络规划一般由一家境内企业制定和实施。境内汽车生产企业可直接制定和实施网络规划，也可授权境内汽车总经销商制定和实施网络规划；境外汽车生产企业在境内销售汽车,须授权境内企业或按国家有关规定在境内设立企业作为其汽车总经销商,制定和实施网络规划。第七条 国务院商务主管部门负责全国汽车品牌销售管理工作，国务院工商行政管理部门在其职责范围内负责汽车品牌销售监督管理工作。省、自治区、直辖市、计划单列市商务主管部门（以下简称省级商务主管部门）、地方工商行政管理部门分别在各自的职责范围内，负责辖区内汽车品牌销售有关监督管理工作。第二章 汽车总经销商、品牌经销商的设立第八条 汽车总经销商应当符合下列条件：一、 具备企业法人资格；二、 获得汽车生产企业的书面授权，独自拥有对特定品牌汽车进行分销的权利；三、 具备专业化汽车营销能力。主要包括市场调研、营销策划、广告促销、网络建设及其指导，产品服务和技术培训与咨询、配件供应及物流管理。外商投资设立汽车总经销商除符合上述条件外，还应当符合外商投资管理的有关规定。第九条 汽车品牌经销商应当符合下列条件：一、 具备企业法人资格；二、 获得汽车供应商品牌汽车销售授权；1/4三、 使用的店铺名称、标识及商标与汽车供应商授权的相一致；四、 具有与经营范围和规模相适应的场地、设施和专业技术人员；五、 新开设店铺符合所在地城市发展及城市商业发展的有关规定。外商投资设立汽车品牌经销商除符合上述条件外，还应当符合外商投资管理的有关规定。第十条 申请设立汽车总经销商、品牌经销商应当按下列程序办理：一、 汽车总经销商申请人将符合第八条规定的相关材料报送国务院工商行政管理部门备案。二、 汽车供应商将符合第九条规定的汽车品牌经销商申请人的相关材料报送国务院工商行政管理部门备案。三、 外商投资设立汽车总经销商、品牌经销商的申请人分别将符合第八条、第九条规定和外商投资管理有关规定的相关材料,报送拟设立汽车总经销商、品牌经销商所在地省级商务主管部门。省级商务主管部门对报送材料进行初审后，自收到全部申请材料1个月以内上报国务院商务主管部门。合资中方有国家计划单列企业集团的,可直接将申请材料报送国务院商务主管部门。国务院商务主管部门自收到全部申请材料3个月内会同国务院工商行政管理部门,作出是否予以批准的决定，对予以批准的，向申请人颁发或换发《外商投资企业批准证书》；不予批准的，应当说明理由。外商并购汽车总经销商、品牌经销商及已设立的外商投资企业增加汽车品牌销售经营范围的，按前款程序办理。第十一条 国务院商务主管部门、工商行政管理部门可以委托汽车行业协会，组织专家委员会对申请设立汽车总经销商、品牌经销商的资质条件进行评估，评估意见作为审批、备案的参考。第十二条 国务院工商行政管理部门受理申请后,查验有关证明材料,符合条件的,予以备案。第十三条 汽车总经销商、品牌经销商申请人应当持予以备案文件或《外商投资企业批准证书》到所在地工商行政管理部门办理登记手续。工商行政管理部门将汽车总经销商、品牌经销商的经营范围核定为"品牌汽车销售"。第十四条 汽车总经销商、品牌经销商涉及经营品牌变更的，应当按第十条、第十三条规定的程序办理变更登记。第十五条 汽车品牌经销商开展连锁经营应当取得汽车供应商授权，并按第十条、第十三条规定的程序办理。汽车总经销商、品牌经销商设立从事汽车品牌销售活动的非法人分支机构,应当持汽车供应商对其授权和同意设立的书面材料,到当地工商行政管理部门办理登记。外商投资汽车总经销商、品牌经销商设立非法人分支机构，应当按第十条规定的程序办理。第十六条 2006年12月11日以前，同一境外投资者在境内从事汽车品牌销售活动且累计开设店铺超过30家以上的，出资比例不得超过49%。第三章 汽车供应商的行为规范第十七条 汽车供应商应当为授权的汽车品牌经销商提供汽车资源及汽车生产企业自有的服务商标，实施网络规划。第十八条 汽车供应商应当加强品牌销售和服务网络的管理，规范销售和售后服务，并及时向社会公布其授权和取消授权的汽车品牌销售和服务企业名单。对未经汽车品牌销售授权或不具备经营条件的企业，不得提供汽车资源。第十九条 汽车供应商应当向消费者提供汽车质量保证和服务承诺，及时向社会公布停产车型，并采取积极措施在合理期限内保证配件供应。汽车供应商不得供应和销售不符合机动车国家安全技术标准、未列入《道路机动车辆生产企业及产品公告》的汽车。第二十条 汽车供应商应当合理布局汽车品牌销售和服务网点。汽车品牌销售和与其配套的配件供应、售后服务网点相距不得超过150公里。第二十一条 汽车供应商应当与汽车品牌经销商签订授权经营合同。授权经营合同应当公平、公正，不得有对汽车品牌经销商的歧视性条款。第二十二条 除授权合同另有约定,汽车供应商在对汽车品牌经销商授权销售区域内不得向用户2/4直接销售汽车。第二十三条 汽车供应商应当根据汽车品牌经销商的服务功能向其提供相应的营销、宣传、售后服务、技术服务等业务培训及必要的技术支持。第二十四条 汽车供应商不得干预汽车品牌经销商在授权经营合同之外的施工、设备购置及经营活动，不得强行规定经销数量及进行品牌搭售。第四章 汽车品牌经销商的行为规范第二十五条 汽车品牌经销商应当在汽车供应商授权范围内从事汽车品牌销售、售后服务、配件供应等活动。第二十六条 汽车品牌经销商应当严格遵守与汽车供应商的授权经营合同，使用汽车供应商提供的汽车生产企业自有的服务商标，维护汽车供应商的企业形象和品牌形象，提高所经营品牌汽车的销售和服务水平。第二十七条 汽车品牌经销商必须在经营场所的突出位置设置汽车供应商授权使用的店铺名称、标识、商标等，并不得以任何形式从事非授权品牌汽车的经营。第二十八条 除非经授权汽车供应商许可,汽车品牌经销商只能将授权品牌汽车直接销售给最终用户。第二十九条 汽车品牌经销商应当在经营场所向消费者明示汽车质量保证及售后服务内容,按汽车供应商授权经营合同的约定和服务规范要求，提供相应的售后服务，并接受消费者监督。第三十条 汽车品牌经销商应当在经营场所明示所经营品牌汽车的价格和各项收费标准,遵守价格法律法规,实行明码标价。第三十一条 汽车品牌经销商不得销售不符合机动车国家安全技术标准、未列入《道路机动车辆生产企业及产品公告》的汽车。第三十二条 汽车品牌经销商应当建立销售业务、用户档案等信息管理系统，准确、及时地反映本区域销售动态、用户要求和其他相关信息。第五章 监督管理第三十三条 境内汽车生产企业转让销售环节的权益给其它法人机构的，除按规定报商务部批准外，需报请原项目审批单位核准。第三十四条 建立汽车总经销商、品牌经销商备案制度。凡符合设立条件并取得营业执照的汽车总经销商，应当自取得营业执照之日起2个月内向国务院商务主管部门备案；凡符合设立条件并取得营业执照的汽车品牌经销商，应当自取得营业执照之日起2个月内向所在地省级商务主管部门备案。省级商务主管部门应当将汽车品牌经销商有关备案情况定期报送国务院商务主管部门。第三十五条 汽车供应商应当将授权汽车品牌经销商使用的店铺名称、标识、商标等有关材料报国务院商务主管部门、工商行政管理部门备案。进口汽车品牌使用的中文签注名称应当与国家质量技术监督等部门备案的相一致。第三十六条 2005年10月1日之前，汽车供应商应当对在本办法实施之前设立的汽车销售企业进行确认，并将确认的汽车总经销商、品牌经销商名单及品牌授权、企业登记情况报国务院商务主管部门和工商行政管理部门备案。经确认的汽车总经销商、品牌经销商到所在地工商行政管理部门办理变更登记手续。工商行政管理部门将其经营范围核定为"品牌汽车销售"。未经确认的汽车销售企业申请从事汽车品牌销售活动的，应当按本办法第十条、第十三条规定的程序办理。第三十七条 对违反本办法第十八条、第二十八条规定的，由工商行政管理部门责令改正，并暂停汽车供应商新设品牌销售网点的审核。对违反本办法其他规定的，工商行政管理部门依据有关法律、法规予以查处。第三十八条 国务院工商行政管理部门应当将按第十条、第十三条、第三十六条规定，办理完手续的汽车总经销商、品牌经销商名单及时向社会公布。第三十九条 商务主管部门、工商行政管理部门要在各自的职责范围内采取有效措施,加强对汽车交易行为、汽车交易市场的监督管理,依法查处违法经营行为,维护市场秩序,保护消费者和汽车供应商、品牌经销商的合法权益。3/4第四十条 国务院工商行政管理部门会同商务主管部门建立汽车供应商、品牌经销商信用档案，及时公布违规企业名单。第四十一条 汽车行业协会要制定行业规范,加强引导和监督,做好行业自律工作。第四十二条 国务院商务主管部门要加强对汽车行业协会组织的专家委员会有关评估工作的监督管理，对专家委员会评估工作中的违规行为要严厉查处。第六章 附则第四十三条 本办法自施行之日起适用于乘用车；自2006年12月1日起，适用于除专用作业车以外的所有汽车。第四十四条 本办法所称"汽车"、"乘用车"、"专用作业车"是指中华人民共和国国家标准《汽车和挂车类型的术语和定义》（GB/T3730.1－2001）定义的车辆。第四十五条 汽车行业协会组织的专家委员会组成及汽车总经销商、品牌经销商资质条件评估实施细则由汽车行业协会制定，报国务院商务主管部门批准后实施。第四十六条 本办法自2005年4月1日起施行。4/4