Ministry of Commerce, State Development and Reform Commission, State Administration for Industry and Commerce 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 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, 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 Automobile supplier refers to the enterprises that supply automobile resources to automobile brand distributors, including automobile Automobile brand distributor means the enterprises that are authorized by the automobile supplier and engaged in automobile sales General automobile distributor means the enterprises that are authorized by domestic or external automobile production enterprises, Article 4 The domestic or external automobile production enterprises that sell the automobiles produced by their own should establish perfect Article 5 Automobile supplier should make network plans on automobile brand marketing and service (hereinafter referred to as “network plan”). Article 6 The network plan of the same automobile brand is generally made and implemented by a domestic enterprise. Domestic automobile production Article 7 The competent commercial administration of the State Council is responsible for the management of automobile brand marketing all over The competent commercial administrations of the provinces, autonomous regions, the municipalities directly under the Central Government, 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 3. Have the ability of specialized automobile marketing, mainly including market survey, marketing plan, advertisement promotion, network Besides above requirements, if foreign businessmen invest general automobile distributor, they should also accord with relevant rules 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 Besides above requirements, if foreign businessmen invest in general automobile distributor, they should also accord with relevant Article 10 The application for setting up general automobile distributor and brand distributor should be handled in accordance with following 1. The applicant for general automobile distributor should submit relevant materials that accord with the provisions of Article 8 to 2. Automobile supplier should submit relevant materials of the applicant for automobile brand distributor that meet with the requirements 3. The applicant for establishing general automobile distributor or brand distributor invested by foreign businessmen should submit relevant If any foreign businessman merges general automobile distributor, brand distributor and the established foreign-investment enterprise Article 11 The competent commercial administration or industrial and commercial administration of the State Council may entrust Automobile Trade Article 12 The industrial and commercial administration of the State Council should put relevant proofs on record after receipt and examination Article 13 The applicant for general automobile distributor or brand distributor should go to the local industrial and commercial administration The industrial and commercial administration should check ad ratify the business scope of the general automobile distributor or brand Article 14 General automobile distributor or brand distributor involving in brand changes should go through the change registration formalities Article 15 Automobile brand distributor should obtain the authorization entrusted by automobile supplier for linkage business and handle it in General automobile distributor and brand distributor who establish non legal person’s branch that is engaged in automobile brand marketing A foreign invested general automobile distributor or brand distributor that will establish non legal person’s branch should go through Article 16 If the same external investor is engaged in the automobile brand marketing within the territory of China and opens shops more than 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 Article 18 The automobile supplier should strengthen the management of brand sales and service network, regulate sale and after-sale service, Article 19 The automobile supplier should provide quality assurance and make the service promise to the consumers, publish in time to the society The automobile supplier should not supply and sell the automobile that does not accord with national technical standard of automobile Article 20 Automobile supplier should make reasonable overall arrangement of automobile brand sales and service sites. The distance between the Article 21 Automobile supplier should sign the authorization business contract with automobile brand distributors. Authorization business contract Article 22 Automobile supplier should not sell automobiles directly to the consumers within the sale area authorized by automobile brand distributor Article 23 The automobile supplier should offer corresponding business training of marketing, propaganda, after-sale service, technical service Article 24 The automobile supplier should not intervene automobile brand distributor’s construction, equipment purchase and business activities 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. Article 26 Automobile brand distributor should strictly observe the authorization management contract with the automobile supplier, use the service Article 27 Automobile brand distributor must place the shop’s name, identification and trade mark authorized by automobile supplier on a conspicuous Article 28 Automobile brand distributor should not sell the authorized brand automobile directly to the final consumers unless the authorized Article 29 Automobile brand distributor should show clearly to the consumers the quality assurance of the automobile and after sale service in Article 30 Automobile brand distributor should show clearly the price and the standard of collecting fees of the brand automobile it deals with Article 31 Automobile brand distributor must not sell the automobile that does not accord with national safety technical standard of motor vehicle, Article 32 The automobile brand distributor should set up information management system of marketing and files of the consumers, reflecting in 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 Article 34 File on record rules of general automobile distributor or brand distributor shall be established. The general automobile distributor Article 35 Automobile supplier should report the shop’s name, identification and trade mark used by authorized automobile brand distributor to Article 36 Before October 1, 2005, automobile supplier should make confirmation to the automobile marketing enterprises established before the Unconfirmed automobile marketing enterprises that apply for automobile brand marketing should go through the formalities in accordance Article 37 Whoever violates the provisions of Article 18 and 28 should be instructed by industrial and commercial administration to correct To those violating other provisions of these measures, the industrial and commercial administration should check and deal with it Article 38 The industrial and commercial administration of the State Council should handle and publish to the society in time the name list of Article 39 The competent commercial administration and industrial and commercial administration should take effective measures, strengthen the Article 40 The industrial and commercial administration of the State Council should establish credit files of automobile suppliers and brand 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 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 Article 44 The “automobile”, “passenger car” and “special-purpose vehicle” in term of these measures” refer to the automobiles defined in Technical Article 45 The composition of the expert committee organized by Automobile Trade Association and the implementation measures of qualification Article 46 These measures will go into effect on April 1, 2005. |
Ministry of Commerce, State Development and Reform Commission, State Administration for Industry and Commerce
2005-02-21