279 Provisional Administrative Rules of Shenzhen Special Economic Zone on Reparation Trade of Automobile or Motorcycle(2004 revised)[深圳经济特区汽车摩托车维修行业管理暂行规定（2004年修订）]

 (Promulgated by Decree No. 16 of the Shenzhen Municipal People’s Government on October 21, 1991; revised for the first time by Decree No.82 of the Shenzhen Municipal People’s Government on January 26, 1999; revised for the second time by Decree No 135 of the Shenzhen Municipal People’s Government on August 26, 2004)  

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  Anyone who wants to engage in the reparation business of automobile or motorcycle shall firstly apply to the municipal competent department, and then apply for registration to the municipal administration for industry and commerce after getting approval from the municipal competent department.  

Article 6  Applicant shall meet the following requirements to apply for engaging in the reparation business of automobile or motorcycle:  

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.  

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;  

4. 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  Any reparation business entity which wants to change its operation place shall register the change to the administrative department for industry and commerce issuing the license originally and report the change to the competent department in writing.  

Article 8  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 9  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 10 Any reparation business entity which needs to terminate or suspend its business shall transact relevant formalities at the department for industry and commerce and the department of taxation according to relevant regulations, and shall report the termination or suspension to the competent department in writing.  

Chapter 3 Administration of reparation quality 

Article 11  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 12 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 13 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 14 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 15 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 16 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 17 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 18  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.  

Chapter 6  Examination, supervision and punishment 

Article 19 The competent department and the administrative department for industry and commerce shall order the reparation entity which operates the business of automobile or motorcycle reparation without approval to correct its misfeasance, and may impose it 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 20  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 21  Any reparation entity who is found by the competent department to be unqualified on technique in examination shall be ordered to suspend business and improve within a limited time.  

Article 22  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 23 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 24 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 25 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 26  Any reparation entity who changes its operation place arbitrarily without reporting to the competent department in writing shall be imposed a fine of less than 2,000 yuan.  

Article 27 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 28 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 29 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