Laws of the Guangdong Province

Provisional Administrative Rules of Shenzhen Special Economic Zone on Reparation Trade of Automobile or Motorcycle

 (Promulgated by the Shenzhen Municipal People' s Government on December 14, 1991; revised and promulgated by Decree No.6 of the Shenzhen Municipal People' s Government on October 21, 1993)

Chapter 1 General Provisions

Article 1  In order to strengthen the administration of reparation trade of Automobile or Motorcycle in Shenzhen Special Economic Zone (hereinafter referred to as the Special Zone), protect legal rights and interests of reparation enterprise and user (customer), and ensure reparation quality and traffic safety, these rules are formulated according to the Provisional Administrative Measures on Reparation trade of Automobiles promulgated by the Ministry of Communications, the State Economic and Trade Commission and the State Administration for Industry and Commerce of the People' s Republic of China, and the Implementation Details of the Administrative Measures on Reparation trade of Automobile or Motorcycle in Guangdong Province promulgated by Guangdong People' s Government, as well as the specific situations of the Special Zone.

Article 2  These rules shall apply to enterprises and individuals engaging in automobile or motorcycle reparation in the Special Zone.

Article 3  Reparation trade of Automobile or Motorcycle mentioned in these rules refers to enterprise and privately-owned household engaging in (concurrently or mainly) business of heavy reparation, assembly heavy reparation, maintenance, running reparation or special reparation of Automobile or Motorcycle.

The special reparation mentioned in the preceding paragraph refers to single reparation business concerning automobile or motorcycle, such as unit reparation, spray-paint, wiring reparation, accumulator reparation, tent-cloth and cushion reparation, water-box reparation, tire reparation, door and window replacement or air-condition reparation.

Article 4  The Shenzhen Bureau of Communication is the competent department (hereinafter refer to as the competent department) to conduct administration on reparation trade of Automobile or Motorcycle in the Special Zone.

Chapter 2  Establishment, Start of Business, Alteration and Annual Inspection of Reparation Entity   

Article 5  Applicant shall firstly apply to the municipal competent department for engaging in reparation business of automobile or motorcycle, acquire a qualification of technical inspection from the competent department after the application is approved, and then apply for registration to the municipal administration for industry and commerce.

Article 6  Applicant shall meet the following requirements to acquire a qualification of technical inspection:

A. Basic requirements:

1. having corresponding operation site and plant for automobile or motorcycle reparation, and providing red-line picture, certification of title to house property or contract for rent of lands; providing construction permit, examined and issued by the department of construction planning, if the plant is to be constructed;

2. its operation site and building shall meet the requirements laid down by the department of city administration, public security, fire fighting and environment protection, not occupy space of street or public place, not block traffic nor have bad effect on the sightseeing in the city, and shall meet the requirements stipulated in administrative rules concerning city noise and pollution discharge concurrently;

3. having corresponding capital for operating project;

4. having independent bank account in the city.

B. Technical requirements

1. having reparation and detection equipments corresponding with its business, and standard tools for computation and measurement;

2. employing engineering technical personnel corresponding with its reparation grade (shall employ person, who has graduated from college or university in the specialty of automobile reparation, and has acquired the technical title, corresponding with his post, of assistant engineer or above, or employ mechanical engineer, who has worked in automobile reparation for more than 3 years), the proportion of technical personnel in the first class enterprise of automobile reparation shall not be less than 3% of its production personnel;

3. other technical requirements stipulated in the Implementation Details of the Administrative Measures on Reparation trade of Automobile or Motorcycle in Guangdong Province and its Supplementary Rules.

Article 7 Privately-owned reparation household shall meet the following requirements besides those stipulated in the preceding article:

1. the applicant shall have effective local certification of registered permanent residence, and unemployment certificate issued by the municipal labor department;

2. the applicant shall have corresponding (or certain) technical competence, and can engage in reparation business of Automobile or Motorcycle directly.

Article 8  Change of the business place of reparation business entity shall be submitted to the competent department for examination. The qualified unit shall apply to the original administration for industry and commerce registering and issuing the license for alteration registration, and submit the change to the department of public security for record.

Article 9  Change of enterprise' s name shall be registered by the administration for industry and commerce, and be submitted to the competent department for record.

Article 10  Change of business scope inside the trade shall be dealt with referring to the procedures stipulated in article 5 and article 6 of these rules.

Article 11 Reparation business entities shall be inspected by the competent department or administrative department on technical competency before the annual inspection of industrial and commercial business license. The qualified entities may continue operation; the unqualified entities shall be rectified, degraded or be revoked its operation qualification on the basis of specific situations.

Article 12 Reparation business entity shall apply to the original approval department if it needs to terminate or suspend business, transact relevant formalities with the department of communication, the department for industry and commerce and the department of taxation, hand in its qualification of technical inspection and business license for cancellation, liquidate its credit and debt and make announcement within one month after the approval.

Chapter 3 Administration of reparation quality

Article 13  Automobile reparation business unit shall comply with the Reparation Technical Standard of Automobiles (GB3798¡«3803-83, GB5336-85) promulgated by the national bureau of standard, the Reparation Technical Standard of Automobiles (JT3101-81) promulgated by the department of communication, and relevant standards laid down by the competent department or department of standard.

  The quality standard of motorcycle reparation may be established referring to relevant technical standards above.

  The technical safety requirements of automobiles shall accords with the GB7258-87 promulgated by the national department of standard, the Safety Inspection Standard of Vehicles promulgated by the department of public security, and the Instructions of Automobile Maintenance enacted by the administrative department of highway transportation.

Article 14 Reparation business unit shall guarantee reparation quality, establish and strengthen the system of quality inspection and vehicle reparation registration (all registered materials shall be kept for at least 3 years), and employ full-time inspectors. Reparation unit shall provide all technical documents to users, such as technical files and qualification for leaving factory when a vehicle leaves factory after a heavy reparation or disintegrated reparation. The reparation business unit shall implement the provisions on guarantee period and mileage of vehicles' quality stipulated in Article 6 of the Supplementary Rules of the Implementation Details of the Administrative Measures on Reparation trade of Automobile or Motorcycle in the Guangdong Province after a qualified vehicle leaves factory. The reparation unit shall be responsible for mechanical accident and economic loss happening in the warranty period due to bad reparation quality.

Article 15 Where there is a dispute between reparation business unit and user about reparation quality, the two parties may submit the dispute to the municipal competent department jointly with the supervisory department of technology for arbitration.

Chapter 4 Administration of collection of reparation fees

Article 16 Reparation entity shall calculate reparation man-hours and fees according to the uniform quota of reparation man-hour and standard of reparation fees established by the province or city. Reparation entity shall not raise price nor overcharge reparation fees without authority. Reparation entity is forbidden to operate illegally through improper means of offering commission to private person in cash or in kind, in violation of the national financial system.

Article 17 Reparation entity shall use special invoice for reparation trade of Automobile or Motorcycle uniformly printed by the department of taxation, specification of settlement of man-hour expense, and specification of settlement of material expense uniformly printed by the administration of communication.

Chapter 5  Administration of vehicles for reparation and establishment of appointed factory for second-grade maintenance and vehicles involved in accidents

Article 18 Reparation entity shall make an inventory of and register vehicles for reparation in factory and the vehicles' equipments and tools, and take the responsibility of taking care of them.

Article 19 Road test of vehicle for reparation shall accord with the provisions of the department of public security. Reparation entity may not repair vehicle involved in traffic accident until the local department of public security raises an opinion.

Article 20  Reparation entity may not work on refitting vehicle, changing the color of vehicle' s body, changing vehicle' s engine or changing the number of vehicle' s engine, without the approval of local department of public security or relevant department. Reparation entity is forbidden to use reparation fittings to assembly vehicle, or purchase vehicle of unknown origin and break it up for use. Reparation entity shall inform relevant department in time upon discovery of doubtful vehicle.

Article 21  The appointed factory established for second-grade maintenance, annual inspection of vehicle, and for vehicle involved in accident shall have technical qualifications of or above the grade of maintenance, be examined by the competent department jointly with relevant departments, and be approved by the competent department.

Article 22  Establishment of vehicle reparation center (point) by special arrangement in the city shall be approved by the competent department.

Chapter 6  Examination, supervision and punishment

Article 23 The competent department shall grant penalties of warning, economic sanction, termination of business, or canceling qualification of technical inspection according to the seriousness of circumstances to reparation entity violating these rules. The punished reparation entity shall go to appointed location on time to accept the penalty. The competent department shall show effective inspection credential when it inspects reparation entity or detains its certificate or goods, and issue receipt of detention to the counterpart.

Article 24  The competent department and the administrative department for industry and commerce shall order reparation entity, operating business of Automobile or Motorcycle reparation without qualification of technical inspection, to suspend business immediately, and may impose a fine within 2,000 yuan concurrently; and may seal up production equipments of the reparation entity who refuses to accept the penalty. Reparation entity having no business license for industry and commerce or taxation registration shall be dealt with by the department for industry and commerce or the department of taxation according to relevant provisions, besides being punished according to provisions stipulated above.

Article 25  Reparation entity shall be fined more than 500 yuan but less than 2,000 yuan once at a time if it operates disregarding its technical grade and category of reparation in violation of these rules.

Article 26  Reparation entity, who is found by the competent department to be unqualified on technique in examination, shall be revoked its qualification of technical inspection, and be ordered to suspend business and improve within limited time. Reparation entity, who continue operation in the limited time, shall be dealt with according to relevant provisions as one without qualification of technical inspection. The main person in charge and person directly liable of reparation entity shall take the responsibility where there is technical quality accident.

Article 27  Reparation entity, who is revoked its qualification of technical inspection by the competent department or violates the provisions of Article 12, shall be revoked its business license by the administrative department for industry and commerce; or be revoked its operation qualification if the reparation business is concurrently operated by the entity.

Article 28  Reparation entity, who does not use as stipulated (including does not use) special invoice for reparation trade of Automobile or Motorcycle uniformly printed by the department of taxation, specification of settlement of man-hour expense, or specification of settlement of material expense uniformly printed by the administration of communication, shall be imposed a fine within 1,000 yuan once at a time, besides being dealt with according to relevant provisions of taxation administration.

Article 29 Reparation entity, who operates illegally by means of offering commission to private person in cash or in kind, or issue tax invoice, specification of settlement of man-hour or material expense for other unit or person, shall be imposed a fine within 1,000 yuan, besides being dealt with according to relevant provisions of taxation administration.

Article 30 Reparation entity, who does not calculate or collect reparation fees according to the quota of reparation man-hour or standard for collection reparation fees established by relevant department of the country, province or city, and is proved to overcharge after investigation, shall be ordered to return the money overcharged to customers, and may be imposed a fine of 50 times the amount of the overcharged money, but the highest fine shall not exceed 2,000 yuan.

Article 31 Reparation entity, who uses reparation fittings to assembly or refit vehicle, or repairs vehicle involved in accident without the decision on reparation scope signed by the department of public security and vehicle administration, in violation of relevant provisions of the department of public security on vehicle administration, shall be detained or sealed up its vehicles provisionally by the competent department, and be transferred to relevant department to deal with. All expenditures concerned in the period of detention shall be paid by the reparation entity.

Article 32 Privately-owned reparation household, who resells or contracts out its qualification of technical inspection to others for use, shall be revoked its qualification of technical inspection and be imposed a fine within 2,000 yuan.

Article 33  Reparation entity, who changes its operation location arbitrarily and does not inform the competent department, shall be imposed a fine within 2,000 yuan, or even be revoked its qualification of technical inspection. Reparation entity, who employs out-of-town worker (technical personnel, technical worker) without being examined and approved by the municipal competent department, shall be imposed a fine within 2,000 yuan.

Article 34 Reparation entity, who causes mechanical accident or economic loss due to violation of the safety operation instruction or standard of technical quality, shall be responsible for compensating all economic losses, and investigate the responsibilities of the person concerned and person in charge; if the case constitutes a violation to the criminal law, it shall be transferred to relevant department to deal with.

Article 35 Behavior, which is complained by customer and proved to be true, or is found in examination to be inconsistent with these rules by the competent department or other relevant administrative department, shall be recorded in archives. Reparation entity, whose behavior has been recorded add up to three times or more in a year, may be ordered to suspend business for improvement, and shall be dealt with according to relevant provisions as the unqualified in the annual inspection.

Article 36 If the entity punished disagrees the decision of administrative penalty, it may apply to the superior organ for review within 15 days upon the reception of the penalty notice. If the entity disagrees the review decision, it may bring litigation to the people' s court within 15 days upon the reception of the review decision. The entity may also bring litigation to the people' s court directly. If the entity does not bring litigation to the people' s court, nor implement the decision of penalty, the organ making the penalty decision shall apply to the people' s court for compulsory enforcement.

Chapter 7 Supplementary Provision

Article 37  These rules shall go into effect as of the date of promulgation.