Laws of the People's Republic of China

REGISTRATION MEASURES OF MOTOR VEHICLES IN THE
PEOPLE'S REPUBLIC OF CHINA (DECREE NO. 56)

(Adopted in the minister working conference of the Ministry of
Pubic Security on November 27, 2000)

SUBJECT: PUBLIC SECURITY; TRANSPORTATION; MOTOR VEHICLES

ISSUING-DEPT: MINISTRY OF PUBLIC SECURITY

ISSUE-DATE: 11/27/2000

IMPLEMENT-DATE: 10/01/2001

LENGTH: 6228 words

TEXT:

1. the owner s identity certificate;
2. official portrait of the applying vehicle ;
3. the origin proof of the motor vehicle, except those vehicles supervised by the customs;
4. qualification certificate of finished vehicles for the home-made motor vehicles and importing proof for imported vehicles;
5. Certificate of purchase tax payment or exemption.

1.owner s name or name of his working unit, identity number or the unit s code number, address, zip code and telephone number;
2.type, manufacturer, brand, model, identification number(number of frame), engine number, body color of the motor vehicle;
3.relevant technical data of the vehicle;
4.utility nature of the vehicle;
5.acquiring method of the vehicle;
6.name and number of origin certificate, name and number of importing certificate of imported motor vehicle;
7.name and number of certificate for purchase tax payment or exemption;
8.kind and date of the vihicle insurance and the name of the insurance company;
9.name of the seller or transaction market and selling price of the motor vehicle;
10.date of registration;
11.other items that shall be registered according to laws and regulations.

1. the materials submitted by the owner are invalid;
2. the owner s name or name of his working unit recorded in the owner s identity certificate does not accord with the materials recorded in the origin certificate of the motor vehicle;
3. the content recorded in materials provided by the owner according to Sections 3,4,5 of Article 10 of the Measures does not accord with this motor vehicle;
4. the owner s domicile is not in the administrative area of the vehicle management station;
5. the vehicle is smuggled, imported without certificate or illegally assembled with imported key parts or utilize the catalogue of home-made vehicle;
6. there is no national manufacturing license for the vehicle;
7. motor vehicle with right steering wheel or with steering wheel changed from right to left;
8. the motor vehicle has reached the national standard of scrapping or is assembled with parts from scrapped vehicles;
9. the motor vehicle inspection does not accord with national compulsory regulations;
10. the motor vehicle is stolen or robbed.

CHAPTER 3 REGISTRAION OF OWNERSHIP TRANSFER

Article 14 Where the ownership of the registered motor vehicle alters, and the domiciles of the previous and present owners are in the same administrative area of the vehicle management station, the present owner shall fill in the application form of motor vehicle registration and apply for transfer registration to the governing vehicle management station within 30 days after the ownership transfers. Meanwhile the owner shall deliver the vehicle for examination and show the following materials:

1. identity certificate of the present owner;
2. registration certificate of motor vehicle;
3. origin proof of the motor vehicle;
4. certificate of supervision dissolution of PRC s customs provided by the supervising customs if the motor vehicle is no longer under supervision of customs;
5. drive certificate of motor vehicle;
6. official portrait of the applying vehicle;
7. number plate of the vehicle if the number will be altered according to regulations.

1. the vehicle is not identical with the items recorded in the motor vehicle files;
2. customs supervision is not dissolved;
3. the vehicle is registered for mortgage;
4. the vehicle or its files are sealed up or seized by the people s court, the people s procuratorate and the administrative law enforcement agencies according to laws;
5. the conditions stipulated in sections 1,2,3,4,8,9,10 of Article 13 arise.

1. present owner s name or name of his working unit, identity number or code of his working unit, address of domicile, zip code and telephone number;
2. name of incoming vehicle management station;
3. date of outgoing registration;
If the ownership transfers, the station shall register the following:
1. acquiring method of the motor vehicle;
2. name and number of origin certificate, name and number of import certificate for imported vehicles;
3. name and number of supervision dissolution certificate of PRC customs;
4. name of seller or transaction market and sale price.

1. identity certificate of the owner;
2. motor vehicle registration certificate;
3. files of motor vehicle;
4. official portrait of the incoming vehicle;
5. The owner of the vehicle under customs supervision shall also submit notice of drawing/canceling certificate for vehicles under customs supervision passing in/out of PRC produced by the supervising customs.

If the ownership transfers, the following shall also be registered:

1. acquiring method of the motor vehicle;
2. name and number of origin certificate, name and number of importing certificate for imported vehicles;
3. kind and date of vehicle insurance and name of insurance company;
4. name of seller or transaction market and sale price.

1. the owner arbitrarily alters or replaces the vehicle or its files;
2. the conditions stipulated in Article 17 of the Measures arise.

CHAPTER 5 ALTERATION REGISTRATION

1. the owner changes his name or name of his working unit;
2. the owner changes his domicile within the administrative area of the vehicle management station;
3. the vehicle body color changes;
4. the engine or fuel changes;
5. the vehicle needs to change body or frame of the identical model due to irreparable destruction;
6. the manufacturer changes the entire vehicle or engine, body, frame of the same model due to quality issues.

1. the altered name of the owner or the working unit;
2. the altered address, zip code and telephone number of the owner;
3. the name, address and telephone number of repair plant if the items belonging to Sections 3,4,5,6 of Article 26 arise;
4. the altered body color if the color has been changed;
5. the altered engine number and fuel kind if they have been changed;
6. the altered identity code, body color and the certificate of the manufacturer which is in charge of the alteration, if the entire vehicle or its body, frame changed;
7. number and name of the origin certificate of the engine, body or frame.

1. identity certificate of the owner;
2. certificate of motor vehicle registration ;
3. drive certificate of motor vehicle ;
4. official portrait of the applying motor vehicle.

1. identity certificate of the owner;
2. motor vehicle registration certificate.

1. identity certificate of the owner;
2. motor vehicle registration certificate ;
3. motor vehicle drive certificate ;
4. official portrait of the applying vehicle;
5. proof of the repair plant;
6. certificate of origin of the altered engine, body or frame;
7. certificate provided by the manufacturer in charge of the alteration if the entire vehicle is altered due to quality issues.
With one working day after accepting the application, the vehicle management station shall examine the materials and vehicle. It shall record altered items on the motor vehicle registration certificate if such alteration is in accordance with the Measures, and issue a new motor drive certificate after withdrawing the original one.

1. identity certificates of the mortgagor and mortgagee;
2. motor vehicle registration certificate ;
3. the principal and mortgage contracts signed by the mortgagor and mortgagee according to laws.

1. name of mortgagee or his working unit, identity certificate number or code of his working unit, address of his domicile and his telephone number;
2. the amount of mortgaged obligation;
3. numbers of principal and mortgage contracts;
4. date of mortgage registration.

1. The materials provided by mortgagor and mortgagee according to Sections 1,2 of Article 33 are invalid;
2. The motor vehicle is not identical with its files;
3. The customs supervision on the motor vehicle is not dissolved;
4. The vehicle or its files are legally sealed up or seized by the people s court, the people s procuratorate or administrative enforcement agency.

1. identity certificates of mortgagor and mortgagee;
2. motor vehicle registration certificate .

1. identity certificate of the owner;
2. motor vehicle registration certificate ;
3. returning the numberplate and drive certificate if the owner applies for drive termination.

1. identity certificate of the owner;
2. motor vehicle registration certificate ;
3. notice of drawing/canceling certificate for vehicles under customs supervision passing in/out of PRC
4. returning the number plate and motor drive certificate

1. identity certificate of the owner;
2. motor vehicle registration certificate.

1. identity certificate of the owner;
2. drive certificate of motor vehicle.

 
CHAPTER 11 FILES MANAGEMENT OF MOTOR VEHICLES

Article 57 The motor vehicle management station shall create files for each vehicle that shall not be altered, scribbled, intentionally damaged or forged by any unit or any individual.

Article 58 When looking up the vehicle s files in the vehicle management station for the cause of handling cases, the people s court, the people s procuratorate, public security agency or other administrative enforcement agency, organs of discipline inspection, and public notary, arbitration, law firms shall produce the official letter and working certificate of the worker; and the owner shall produce identity card and registration certificate for motor vehicle when looking up his own vehicle files. The vehicle management station shall according with relevant regulations on files checking allow them to.

Article 59 The people s court, the people s procuratorate, public security organ shall produce official letter when requiring to seal up the motor vehicle files.
The vehicle management station shall terminate any registration business of the vehicle upon the accepting day. When receiving official letter from the original organ on dissolution of sealing, the vehicle management station shall dissolve the sealing and resume registration business immediately.

Article 60 The motor vehicle files shall be destroyed after two years preservation from the day of cancellation registration.

CHAPTER 12 MISCELLANEOUS ISSUES

Article 61 The vehicle owner may entrust an agent with registration business except applying for reissuing of registration certificate. When applying for registration, the agent shall submit his identity certificate and the motor vehicle registration application form jointly signed by the owner and the agent.
The vehicle management station shall record the agent s name or his working unit, identity certificate number or code of his working unit, domicile address and telephone number.
The seller of motor vehicle acting as agent for motor vehicle registration shall put on record in the vehicle management station with the business license issued by industry and commerce department.

Article 62 The vehicle owner shall require the governing vehicle management station to correct if he finds errors on drive certificate or registration certificate. The vehicle management station shall withdraw the drive certificate or the registration certificate and reissue such documents within 3 working days.
The vehicle management station shall notify the owner to return the drive certificate or registration certificate and reissue such documents if it finds errors on the drive certificate or registration certificate.

Article 63 With temporary residential certificate of over one year s validity issued by the public security organ, those who have stayed in the regular residence for over one year may apply for registration of buses with fewer than 9 seats or motorcycles

Article 64 Any unit or individual is forbidden from the following activities:

1. forging number plate, drive certificate or registration certificate of the motor vehicle;
2. using the forged number plate, drive certificate or registration certificate;
3. borrowing, misappropriating, scribbling the number plate, drive certificate or registration certificate;
4. defrauding the vehicle station of new number plate, drive certificate or registration certificate by announcing that the number plate, drive certificate, or registration certificate are destroyed or lost;
5. detaining the number plate, drive certificate or registration certificate illegally.

1. the front number plate shall be installed in the middle or to the right of the front part of the vehicle, and the back one installed in the middle or to left of the rear part. It shall not be deformed or covered and shall be level in breadth and vertical in length without upside down.
2. the temporary number plate shall be placed inside of the front window; and without driver s cab, it shall be carried with the vehicle;
3. except number plates of temporary vehicles and instruction carriages, all the number plates of motor vehicles shall be sealed and fixed in uniform devices.

1. withdrawing the forged number plate, drive certificate and registration certificate and imposing a fine of 1000 yuan for those violations without purpose of profit making;
2. withdrawing the forged number plate, drive certificate and registration certificate for those violators with purpose of profit making; imposing a fine of less than 10000 yuan for the violator without illegal profit ; imposing a fine of below three times of the illegal profit, if any, within the maximum of 30000 yuan. If such activity constitutes a crime, criminal penalty shall be imposed on the violator.

1. the staff of the vehicle management station refuse to register the vehicles according with the Measures;
2. the staff of the vehicle management station register the vehicles which do not accord with the Measures;
3. staff in higher authorities of the vehicle management station force the vehicle management station to violate the Measures by registering vehicles;
4. the staff in vehicle management station illegally provide number plate or facilitate the illegal obtaining of number plate;
5.the staff of vehicle management station demand or accept properties taking the advantage of their positions;
6.other activities violating the laws or disciplines in vehicle registration.

1. Motor vehicle shall refer to the vehicle driven or drawn by power device for the purpose of traveling, carrying or special work. It shall include various cars, motorcycles, agriculture transporters, tramcars, trolleybuses, special wheel machinery vehicles, walking tractors, deformed transport vehicles of walking tractors and the drawn semi-trailers and trailers.
2. Imported motor vehicles shall refer to:
a. imported vehicles from designated ports;
b. other motor vehicles from various ports;
c. motor vehicles supervised by customs;
d. motor vehicles that are smuggled, imported without legal import certificate and illegally assembled with imported key parts and are confiscated by law enforcement agencies authorized by the state.
3. import certificate shall refer to :
a. the imported commodity certificate issued by customs of designated ports for the imported cars;
b. imported commodity certificate issued by customs of various ports for other imported motor vehicles;
c. notice of drawing/canceling certificate for vehicles under customs supervision passing in/out of PRC produced by the supervising customs.
d. certificate of confiscating smuggled cars and motorcycles issued by law enforcement agencies that are authorized by the state to confiscate the smuggled vehicles, vehicles without import certificate or those illegally assembled with imported key parts.
4. the owner of motor vehicle shall refer to the individual or unit that owns the motor vehicles;
5. Individual shall refer to the citizens in the mainland, servicemen and residents in special administrative zones of Hong Kong, Macao, and citizens of Taiwan and foreigners.
6. Unit shall refer to administrative, institutional, enterprise and social organization such as institutions, schools, factories, companies, embassies, consulates and representative offices of foreign organs in PRC.
7. The identity certificate shall refer to :

a. code certificate of organization structure of administrative, institutional, enterprise and social organization such as institutions, schools ,factories, companies;
b. certificate produced by the embassies, consulates or representative offices in PRC;
c. identity card or residence book issued by public security organs for a citizen; identity card and temporary residence certificate valid for over one year issued by pubic security organs for those whose regular residence and registered permanent residence are not in the same administrative area of the vehicle management station;
d. serviceman identity document issued by the people s liberation army or the people s armed police forces, and certificate of domicile produced by units above regimental level;
e. residential proof issued by pubic security agencies for citizens of special administrative zones of Hong Kong, Macao, citizens of Taiwan and foreigners.
8. domicile shall refer to:
a. locality of a unit s main operation organ;
b. the place of an individual s registered residence or regular living place where he stays over one year.
9. address of domicile shall refer to:
a. address recorded in code certificate of organization structure of a unit;
b. address recorded in residence book or identity card or temporary residence certificate of a citizen;
c. address recorded in the certificate produced by unit above regimental level for a serviceman;
d. address recorded in the residential proof for citizens of special administrative zones of Hong Kong, Macao and citizens of Taiwan, foreigners.

a. uniform sale invoice or the old transaction invoice for the motor vehicles purchased domestically; sale invoice made by the seller for the vehicles purchased abroad;
b. the effective mediation, adjudication or decision of the people ê­s court and notice on execution assistance produced by the people s court, for the motor vehicles transferred according to the court s mediation, adjudication or decision;
c. arbitration award and notice on execution assistance produced by the people s court ,for the motor vehicles transferred according to arbitration award;
d. relevant documents of inheritance, grant, agreement on debt offset and notary certificate made by notary organs for the inherited, granted vehicles or those agreed for debt offset;
e. approval documents of asset administration for the motor vehicles included in the assets restructure or entire assets transaction;
f. the national uniform motor vehicle sales invoice and the allocation certificate produced by subordinated unit for the motor vehicles that are purchased by institutions and allocated to the subordinate units without registration;
g. allocation certificate made by subordinate department for the vehicles that are registered and allocated to the subordinate unit;
h. invoice made by the seller or repair plant for the vehicles with replaced engine, body or frame.

Article 83 The Measures shall come into force as of October 1, 2001.