Ministry of Commerce, National Development and Reform Commission, Ministry of Public Security, Ministry of Supervision, Ministry of Finance, Ministry of Communications, State Administration of Taxation, State Administration for Industry and Commerce, General Administration of Quality Supervision, Inspection and Quarantine
Notice on Launching Special Campaigns for Automobile Markets
Shang Jian Fa [2003] No. 488
With the rapid growth of auto industry development and auto consumption demand, the auto market has become increasingly active and abundant. However, some prominent problems have also emerged in the development of the automotive market. Various forms of local protectionism have split the nation's unified automotive market; the counterfeit and unfair phenomenon in the accessories market has continued to escalate, especially in some regions where fake and shoddy automobile parts are manufactured and sold. The illegal and criminal activities are very rampant, causing serious hidden dangers to traffic safety; the trading order of the old motor vehicle market is confusing, and some even become sales sites for scrapped cars and illegally assembled cars; some end-of-life vehicle recycling companies resell and scrap cars to the community; Vehicle maintenance companies have poor business practices, poor quality and service awareness, and harm consumer rights and interests. At the same time, there are still price frauds and tax evasion in the production, sales, and maintenance of auto parts. These problems not only affect the normal order of the auto market, but also restrict the healthy development of the auto industry. What's more serious is the life and property of the people. Safety poses a hazard.
To this end, the State Council decided to carry out special rectification work in the automotive market. The special rectification of the automotive market is not only an urgent need to rectify and standardize the market economic order, but also an objective requirement for establishing a unified, open, competitive and orderly automobile market system. Vigorously rectify the automobile market order, create a good automotive market environment, safeguard the legitimate rights and interests of consumers, mobilize the enthusiasm of residents to purchase cars, consolidate the good development momentum of the automotive market, expand automobile consumption, cultivate new economic growth points, and promote the sustainable development of the national economy. Rapid development is of great significance. In order to do a good job in the special rectification of the auto market, we hereby notify you of the relevant issues as follows:
I. Guiding ideas and goals
Carry out special rectification of the auto market must be guided by the important thinking of the "three represents," and establish a unified, open, competitive, and orderly automobile market system as the goal, closely focus on issues of concern to the people, highlight key points, and bring them together in order to deal with problems. , Focusing on managing the problem, stimulating the establishment of a long-term mechanism with phased results, and promoting the overall regulation of the automobile market. It is necessary to investigate and deal with the illegal and criminal acts of manufacturing and selling counterfeit auto parts and accessories, and rectify the manufacturing and sales of auto parts and accessories markets that are of inferior quality and cause vehicle safety accidents and serious violations of other people’s trademark rights as the focus and breakthrough of this rectification work. To promote the overall rectification of the auto market and achieve substantial results. We must strengthen institutional development, strictly manage, establish and improve relevant policies and regulations, and provide institutional guarantees for regulating the automobile market order. Through solid and effective work, it wins trust for the people and benefits the people.
Through special rectification, the following phases are achieved: the basic clean-up and abolition of various documents issued by local governments and departments to protect the sales and use of local automobiles; the illegal production and sale of counterfeit auto parts, reselling scrapped automobiles, and other criminal activities are curbed; The quality of maintenance services has improved, and the number of complaints from users has been significantly reduced. The order of trade in old motor vehicles has improved; operators' business conduct and tax payment behavior have been further standardized.
II. Remediation tasks and measures
(1) Resolutely abolish the policies and regulations on local protection and market blockade in the automotive market. The economic and trade commissions (economic commissions, commercial commissions, domestic trade offices, commerce offices, business bureaus, and automobile industry offices, hereinafter referred to as the competent commerce departments) of provinces, autonomous regions, municipalities directly under the Central Government, and cities planning separately shall join hands with the departments of development and reform, finance, and industry and commerce according to the The Law on Unfair Competition, the Provisions of the State Council on Bans on the Implementation of Local Blockades in Market Economic Activities, and relevant state policies and regulations, carefully cleans up and repeals discriminatory policies and regulations on sales and use of non-local production vehicles, and registers them. The same treatment shall be applied to fees, charges, driving, annual inspections, etc. It shall not be mandatory or disguised to compel local group users and individual consumers to purchase locally produced cars, and shall not interfere in any way with the operator's selection of vehicles that the country permits to produce and sell, and may not follow engine displacement. Or the car specification implements measures to limit the purchase limit. The discriminatory policies and regulations on non-local production and sales of automobiles, etc., must be abolished at the same time as cleaning up, and they should be announced to the public in a timely manner and subject to social supervision. The people's governments of provinces, autonomous regions, municipalities directly under the Central Government and cities under separate planning are asked to provide guidance and supervision over the above-mentioned work.
(2) Severely cracking down on illegal and criminal activities such as the production and sale of counterfeit and shoddy auto parts and regulating the order of the accessories market. The competent commerce departments of provinces, autonomous regions, municipalities directly under the Central Government, and cities under separate planning shall join hands with the departments of development and reform, public security, industry and commerce, quality and technical supervision, and taxation, and shall be based on the "Product Quality Law," "Standardization Law," "Trademark Law," and "Consumer Rights and Interests." Protection Law, Price Law, Tax Collection Management Law and Auto Parts Mandatory Standards, Safety Accessories for Automotive Glass, Seat Belts, Tires, Brake Pads, Brakes, Lamps, Rear View Mirrors, Wiper Blades, Door Locks, etc. Production and sales companies and their markets are cleaned up and rectified. We will concentrate on rectifying the areas where illegal and criminal activities related to the manufacture and sales of counterfeit auto parts are relatively concentrated. First of all, from the source, we should strictly investigate and prosecute enterprises producing fake and shoddy auto parts and related persons in charge. We will ban and eliminate a group of enterprises and dens that have no licenses for production, do not have product quality assurance conditions or produce counterfeit and shoddy accessories, and help promote a group of companies with legitimate production qualifications but with unstable product quality. Secondly, it is necessary to identify a number of auto parts markets that have been rectified in order to increase enforcement inspections and spot checks on the operation behavior of the parts market and the quality of goods and the legality of their origins. For illegal operators who have serious problems in selling counterfeit and shoddy accessories and who frequently make repeated investigations, they must revoke their business licenses and remove the parts market, and investigate their legal responsibilities according to law; they must be ordered to suspend business for rectification and be exposed to the accessories market with the above problems; Enterprises and dens that produce, process, and store counterfeit and shoddy auto parts in the surrounding areas of the market must be resolutely removed to prevent counterfeit and shoddy goods from re-entering the market.
The industrial and commercial, quality and technical supervision departments shall divide their work according to their respective functions, investigate and prosecute production, sales, and use in business services inconsistent with the national quality standards, and dope or adulterate in the products, in order to pretend Unqualified parts impersonating qualified parts, auto parts products not subject to compulsory certification (refers to the three kinds of accessories for automobile seat belts, glass and tires), production and sales do not conform to product identification regulations, counterfeit well-known goods trademarks, names, packaging, decoration, Infringements that falsify the names and sites of others, and fraudulent use of advertising or other means to falsely promote the quality of accessories. For enterprises that obstruct inspections and resist enforcement, continue to produce, sell, and use counterfeit and shoddy auto parts in operational services, they must strictly deal with them according to law; they must promptly transfer public security to the seized criminal activities that constitute illegal production and sale of counterfeit auto parts. The authorities have traced their roots, destroyed the counterfeit dens, and cracked down on illegal criminals in accordance with the law. The development and reform departments shall be based on the laws and regulations such as the Price Law, the Provisions on the Implementation of Price-marking for Goods and Services, and the Regulations on the Prohibition of Price Fraud, as well as the names of goods marked with or without price tags or price lists. The origin, specification, grade and price or service item charge standards are inconsistent with the actual, deceptive consumer purchases and other price violations shall be investigated and dealt with. The taxation department must investigate and punish acts such as false declarations and illegal use of invoices. The competent department of commerce shall assume the task of managing the auto parts industry and strengthen the management of the parts industry.
The provincial-level commerce authorities shall, jointly with the departments of development and reform, public security, industry and commerce, quality and technical supervision, taxation, etc., make public announcements to the public to clean up and ban the production and sales of auto parts and other enterprises banned according to law so as to enable them to accept social supervision.
(C) to clean up and regulate the car maintenance market. The transportation departments of all provinces, autonomous regions, municipalities directly under the Central Government, and cities under separate planning shall, in conjunction with the competent commercial authorities and departments of development, industry and commerce, and taxation, in accordance with the relevant regulations of the State, reorganize the automobile repair market in 2002, and combine the effects on the auto parts market. Reorganization will further deepen the rectification work in the auto repair market.
The transportation department shall conduct a comprehensive inspection of the conditions of production and operation of vehicle maintenance companies (including individual maintenance households, the same below), and order the vehicle maintenance companies that fail to meet the conditions for opening a business to complete the rectification before April 10, 2004, and the overdue period is still not up to the standard. It is necessary to cancel the business license; for enterprises that have not obtained business licenses to engage in vehicle maintenance, they must be ordered to suspend business and renew their business licenses as required. At the same time, it is necessary to further improve the management of the automobile maintenance industry and speed up the improvement of vehicle maintenance management methods that meet the requirements of the new situation. Traffic and industry and commerce departments shall, in accordance with their respective functions, investigate and punish unlawful and unlicensed operations and illegal operations that do not operate in accordance with the technical specifications in accordance with their respective functions. If the circumstances are serious, they must be ordered to suspend business for rectification. Public security organs must severely investigate and deal with fraudulent and criminal activities that change the engine number, frame number, and color of the car body without permission. The development and reform departments must investigate and punish unethical price tags, use false or misleading price means, and defraud and induce consumers to conduct price violations. The taxation department shall investigate and punish acts such as false declarations and illegal use of invoices.
The provincial transportation department shall, in conjunction with the competent commerce department, development and reform, industry and commerce, quality and technical supervision, taxation, and other departments, announce to the public the vehicle maintenance companies that have been cleared up and revoked according to law in order to accept social supervision.
(IV) Clean up and rectify the old motor vehicle trading market. The competent commerce departments of provinces, autonomous regions, municipalities directly under the Central Government, and cities under separate planning shall, in accordance with the relevant regulations of the state, reform and renovate the old motor vehicle market in 2001, further deepen the use of old motor vehicles in conjunction with the development and reform, public security, finance, industry and commerce, and taxation departments. Market clearing and rectification work. The old motor vehicle trading market that does not have the prescribed conditions, approval procedures, and illegal business practices should be ordered to complete the rectification by April 10, 2004. If the rectification still fails, it must be closed.
The industrial and commercial department shall ban the old motor vehicle trading market illegally established, without venues, without funds and without professional personnel; strengthen the inspection of the old motor vehicle transaction vouchers; strictly prohibit the illegal vehicles from entering the market; and resolutely crack down on strong-buy, strong-selling and fraudulent transactions. Such acts as illegal mediation regulate the intermediation of old motor vehicles. The finance and development and reform departments should carefully clean up and eliminate illegal and unreasonable administrative fees and charges in the old motor vehicle trade, and investigate and deal with arbitrary charges. The development and reform departments must strengthen the investigation and investigation of arbitrary charges and price monopoly behavior in the old motor vehicle trade. The taxation department must investigate and punish the false declarations and illegal use of invoices in the old motor vehicle transactions. The competent department of commerce shall conscientiously perform the functions of the management of the old motor vehicle circulation industry and do a good job of overall planning, rational distribution, and strict access. During the period of rectification and rectification, no new old motor vehicle trading market and old motor vehicle appraisal and evaluation institution shall be approved.
The provincial-level commerce authorities shall, together with the departments of development and reform, public security, finance, industry and commerce, and taxation, announce to the public that the old motor vehicle trading centers (markets) that are lawful and banned according to law have been subject to social supervision.
(5) to clean up and rectify the scrapped automobile recycling and dismantling market. The competent commerce departments of provinces, autonomous regions, municipalities directly under the Central Government and cities under separate planning shall, in conjunction with the public security, industry and commerce, and taxation departments, revise and standardize the recycling and dismantling markets and enterprises of end-of-life automobiles in accordance with the regulations of the State Council's Administrative Measures for the Revocation of Disused Automobiles, focusing on inspection and retirement. After the auto recycling, dismantling, recycling and dismantling of the scrapped cars and the flow of the assembly, etc., severely cracked down on illegal activities such as reselling scrapped vehicles and their assembly.
The industrial and commercial department shall strengthen the supervision over the business behavior of scrapped automobile recycling companies, investigate and punish the sale of scrapped auto parts that cannot be used for sale, or sell scrapped auto parts and components without indicating the "recycled scrapped automobile parts"; and failing to recover scrapped automobiles. For enterprise qualification recognition, companies and individuals that have reclaimed scrapped automobiles without authorization or dismantled the market in various forms of end-of-life automobiles shall firmly ban them in close cooperation with the departments of commerce, public security, and quality and technical supervision; and sell scrapped automobiles. If the entire vehicle or the "five general assemblies" is punished, and it is an end-of-life vehicle recycling company, the original approving and issuing authority shall revoke its relevant certificates and business licenses. Public security agencies must strengthen the supervision and inspection of the state of security of end-of-life vehicle recycling companies, and block sales channels. The competent department of commerce shall strengthen the supervision of end-of-life vehicle recycling enterprises, standardize and strictly revoke the automobile recycling and dismantling system. If a scrapped automobile recycling company finds that it no longer meets the prescribed conditions, it shall immediately withdraw and notify the original approval and issuance department to withdraw the relevant certificate and cancel the business license. At the same time, it is necessary to work closely with the public security and industry and commerce departments in the cancellation, recycling, dismantling, and disposal of parts and components of scrapped cars to close the loopholes. For scrapped automobile recycling companies that have the above-mentioned violations, the taxation department should cancel their qualifications for enjoying preferential tax policies and recover tax exemptions.
The provincial-level commerce authorities shall, together with the public security, industry and commerce, and taxation departments, make public announcements to the public that the scrapped automobile recycling enterprises that have been banned according to law shall be subject to social supervision.
(6) Effectively increase the intensity of the permanent cure. While cracking down on illegal activities, the Ministry of Commerce should work together with relevant departments to study and formulate automobile trade laws and regulations, guide the rational distribution of the automobile trade and service industries, adjust the structure, and actively use modern information technology, logistics technology, and advanced business models to improve automobile trade and Service level, to achieve intensive, large-scale, brand and diversified operations; to strengthen the legal construction of automobile trade and service industry, establish and improve relevant laws and regulations, and quickly formulate auto sales and auto parts management to meet the requirements of the new situation. New management methods such as old motor vehicle trade, standardizing management and transaction order; establishing qualification access system for automobile service trade market, perfecting management system; promoting automobile and accessories enterprises to strengthen quality management, improving product quality and service quality; guiding market players Establish self-discipline mechanisms that are honest and trustworthy, operate according to law, and pay taxes according to law, and promote the rapid and healthy development of the automotive market.
(7) Strengthen public opinion-oriented propaganda. It is necessary to publicize the rectification through various media such as television, radio, newspapers and the Internet. Examine and deal with illegal cases in a timely manner, follow up and report the major cases, announce the list of companies and markets that have been banned and cancelled in accordance with law, as well as the quality of spot checks of unqualified products, publicity of famous products, and the typical markets for standardized operations, and comprehensively report on periodical rectification. At the same time, it is necessary to set up a report phone and e-mail to launch social supervision, guide and encourage consumers to report illegal and criminal acts such as the production and sales of counterfeit and inferior products.
Third, organization and leadership
In accordance with the requirements of “National unified leadership, local government responsibilities, departmental guidance and coordination, and joint action by all partiesâ€, the Ministry of Commerce shall cooperate with the National Development and Reform Commission, the Ministry of Public Security, the Ministry of Supervision, the Ministry of Finance, the Ministry of Communications, the State Administration of Taxation, the State Administration for Industry and Commerce, and the General Administration of Quality Supervision, Inspection and Quarantine. Established an inter-ministerial coordination group for the special rectification of the national auto market order (hereinafter referred to as the inter-ministerial coordination group). The team leader is headed by the manager of the business department, and the members are composed of business counterparts (office) level leaders from relevant departments. The inter-departmental coordination group coordinated the actions of various departments, guided, supervised, and inspected local auto market special rectification work and supervised and supervised major cases and cases. An office is set up under the coordination group and daily work is undertaken by the Department of Market System Development of the Ministry of Commerce. According to the requirements of the progress of rectification work, a joint inspection team was set up in due course to supervise and inspect the progress of various rectification work.
The provinces, autonomous regions, municipalities directly under the Central Government, and separately listed municipalities shall set up a leading group for the special rectification of the auto market to be responsible for the unified coordination of the regional rectification work. The competent commercial administrations in various places must take the lead responsibility in accordance with the work arrangement and ensure that the special rectification work in the auto market is implemented.
Supervisory organs at all levels must give full play to their functions in this special rectification work. If the production and sale of counterfeit auto parts reaches a considerable scale, has developed into a regional problem, or has caused serious casualties such as fake and inferior auto parts, the auto market rectification work will be ineffective, perfunctory, and cannot justify reversing the situation. Responsibility of the main leaders of the government and relevant departments; strengthening the supervision and inspection of the performance of the administrative law enforcement agencies and their staff in performing their duties; resolutely investigating and punishing the illegal activities of the personnel of the state organs to support, shield and condone illegal activities, interfering with and obstructing the rectification work, and interfering with the lawbreakers. Collusion, accepting bribes, favoring malpractice cases.
Fourth, the implementation steps
The first phase is the mobilization deployment phase, which takes place in late December 2003 - January 2004. The inter-departmental coordination group was established and deployed, and jointly issued the "Circular on Launching Special Campaigns for the Automobile Market" (hereinafter referred to as the "Notice").
Each province, autonomous region, municipality directly under the Central Government, and separately listed cities set up a leading group for the special rectification work in the auto market. In accordance with the “Notice†requirements, the local area’s rectification work priorities will be determined, the regional auto market rectification plan will be formulated, and the inter-ministerial coordination group will be established ( Ministry of Commerce).
The second stage is the rectification implementation and supervision and guidance period, which is February - May of 2004. All localities carry out comprehensive rectification work.
All relevant departments have stepped up the regular supervision and inspection of the special rectification work of this department and this system. The members of the inter-ministerial coordination group organized inspection teams to supervise the key areas and found problems promptly to put forward rectification opinions.
The third stage is to conclude the acceptance stage, which is June 2004. All localities checked the inspection targets, carefully checked and accepted the inspection, and submitted the rectification work summary to the inter-ministerial coordination group before June 10. The inter-departmental coordination group made a comprehensive review of the rectification work and reported to the National Leading Group Office for the Rectification and Regulation of Market Economic Order and the State Council before June 30th.
V. Work requirements
(1) Unify ideas and raise awareness. All localities and relevant departments must fully understand the importance, long-term nature, arduousness, and complexity of the special rectification work in the auto market, correctly handle the relationship between the special rectification of the auto market and daily supervision, correctly handle the periodic tasks and establish a long-term supervision mechanism. relationship. From the height of implementing the important thinking of the 'Three Represents,' strengthen leadership, strictly discipline, change style, be realistic and pragmatic, and steadily advance the work of rectification.
(b) Administer according to law and strictly enforce the law. All departments should carry out rectification work in accordance with their respective duties and powers and in accordance with national laws and regulations and relevant regulations, and eliminate the phenomenon of arbitrary law enforcement and law enforcement harassing the people. Where the seizure of counterfeit auto parts such as counterfeit auto parts and the like constitutes a criminal penalty, the relevant administrative law enforcement agencies must earnestly implement the “State Council Provisions on the Removal of Suspected Criminal Cases by Administrative Law Enforcement Agencies†and transfer them to public security agencies in a timely manner. , penalty for release.
(3) Strengthen cooperation and cooperate closely. Carry out special rectification of the automotive market is a complex system project that requires the joint efforts of all parties. In the process of carrying out special rectification, all localities and departments must proceed from the overall situation and work together and closely with each other on the basis of their duties and responsibilities, especially for large-scale cross-regional and inter-department cases. Good inter-regional and inter-departmental linkages will work to achieve effective results in rectification work.
(D) timely communication and enhance communication. Local governments and relevant departments should strengthen communication and exchange of information on special rectification work. The local competent commercial authorities shall, together with relevant departments, do a good job in the information submission work for the special rectification work in the local automobile market. Since February 2004, at the end of each month, members of the inter-ministerial coordination group have been notified of the special rectification work in the automobile market in the current month, and they must report at any time on major issues and difficulties encountered in the work. The inter-department coordination group office will edit the "Automotive Market Special Renovation Bulletin" and submit it to the National Office for the Rectification and Standardization of the Market Economic Order Leading Group and the State Council, and copies to the relevant departments of the State Council and the special rectification leadership of the auto market of provinces, autonomous regions, municipalities directly under the Central Government, and cities under separate planning. group.