Archived（May 28, 2018）
(Promulgated by June 25, 1994, as revised firstly by Decree No.82 of Shenzhen Municipal People's Government on January 26, 1999; and revised secondly by Decree No. 135 of Shenzhen Municipal People's Government on August 26, 2004)
Article 1 In order to strengthen the managing to the trading market of used motor vehicles, restrain illegal trading, and maintain the normal order of used motor vehicle transactions, these Rules are hereby formulated based on the actual situation of Shenzhen Special Economic Zone (hereinafter referred to as the special zone).
Article 2 For the purpose of these Rules, used motor vehicles refer to the automobiles, motorcycles and other motor vehicles that have legitimate origin with complete materials, and have been used for more than half a year.
Article 3 All units and individuals engaged in the trading of used motor vehicle in the special zone shall abide by these Rules.
Article 4 Used motor vehicles shall be traded in the trading market of used motor vehicles. It is forbidden to make any private transaction outside the market.
The trading market of used motor vehicles shall be registered at Shenzhen Municipal (hereinafter referred to as the municipal) Administrative Department of Industry and Commerce by application according to law, and may not open without registration.
Article 5 The Municipal Administrative Department of Industry and Commerce shall be in charge of the daily supervision and administration of used motor vehicle transaction. The municipal departments of traffic control for public security, transportation, and customs shall perform supervision and administration according to their respective functions and duties.
Article 6 Anyone who wants to apply for establishing a trading market of used motor vehicles shall satisfy the following requirements besides having the documents and title approved by the Guangdong Provincial Traffic Control Department for Public Security and the Supply Management Department:
1. Having fixed operating site, and legal and valid certificate for using the site;
2. Having more than 10 million yuan as registered capital;
3. Having a number of professional technical personnel who are qualified as vehicle price appraisers;
4. Other requirements stipulated by the municipal government.
If the transaction of used motor vehicles will be made by auction, the requirements stipulated in Item 2, 3, 4 and 5 of Paragraph 1 of Article 20 of the Regulations of Shenzhen Special Economic Zone on Property Auction.
Article 7 The trading market of used motor vehicles shall provide place, information and related serving facilities for the transactions of used motor vehicles, and shall host the dealings.
Service fees may be charged in the trading market of used motor vehicle with a standard of no more than 1% of the total value of the deal concluded, and shall be paid by both parties concerned.
Article 8 Vehicle price appraisers of the trading market of used motor vehicles (hereinafter referred to as the appraisers) shall obtain qualification according to relevant regulations of the State. While providing appraisal service for both parties concerned, the appraiser shall be objective, fair, practical and realistic, may not provide false or unreal appraisal certificate, and may not be involved in the buying or selling of used motor vehicles.
The appraisal criteria for used motor vehicles shall be jointly formulated and announced by the Municipal Traffic Control Department of Public Security and the Administrative Department of Industry and Commerce.
Article 9 Transactions of used motor vehicles may, according to the will of the parties concerned, be conducted by ways of dealing face to face on the site, purchasing, purchasing by agent, selling by consignment, and auction in the trading market of used motor vehicles.
Article 10 Both parties involved in a trading of used motor vehicle shall conclude a written trading contract which shall indicate the following main terms:
1. Names or titles of both parties concerned in the transaction;
2. Title and quantity of the vehicle;
3. License plate, serial numbers of engine and chassis;
4. Quality of the vehicle;
5. Trading price and payment method;
6. Title of the trading market of used motor vehicles;
7. Other terms agreed by the parties concerned.
Article 11 The following used motor vehicles may be transacted in the trading market of used motor vehicles after passing the quality and safety appraisal by the Municipal Public Control Department of Security Traffic:
1. Commodity vehicles;
2. Imported rebuilt vehicles with valid documents of approval and having gone through complete customs formalities;
3. Duty-free vehicles originally imported by the units in the Special Zone for their own use with the approval document of being sold out of the Special Zone or having gone through the transferring approval formalities of the customs;
4. Vehicles donated or presented by the overseas Chinese, compatriots in Hong Kong and Macao, and compatriots in Taiwan which have been allowed by the original approval authorities to be transferred or sold and have gone through the approval formalities of the customs;
5. Rebuilt used motor vehicles that can be used continuously after passing the technical inspection conducted by the vehicle administrative department;
6. Other vehicles that can be traded as required.
Used motor vehicles released from military service shall be traded according to relevant rules of the State.
Article 12 It is forbidden to trade any one of the following used motor vehicles:
1. Smuggled vehicles;
2. Vehicles of unknown origin;
3. Vehicles without complete documents;
4. Vehicles scrapped as required;
5. Vehicles pieced together or assembled without authorization;
6. Other vehicles that are forbidden to be transferred as required.
Article 13 The trading procedures in the trading market of used motor vehicles are as follows:
1. The seller shall park the used motor vehicle in the trading market of used motor vehicles and provide the following documents:
a. The identification paper of the unit or the individual, and the identification paper of the legal representative of the unit;
b. The surcharge certificate;
c. The driving certificate for passing the annual inspection and the appraisal certificate of used motor vehicles;
d. The certificate of non-duty-free vehicles issued by the Municipal Traffic Control Department of Public Security, if the vehicle is an imported commodity;
e. The certificate of permission issued by the customs if the vehicle is an imported duty-free vehicle.
2. The buyer shall provide the following documents:
a. The identification paper of the unit or the individual, and the identification paper of the legal representative of the unit;
b. The documents of approval of the Social Group Purchasing Power Controlling Office and the Administrative Department of Communications if the unite may not purchase a vehicle until the allocation is determined and approved;
c. Selling imported vehicles out of Guangdong Province shall abide by the relevant rules of the State.
3. The working person of the trading market of used motor vehicles shall examine the certificates and materials provided by both parties concerned, and shall notify them to make up the materials, if they are not complete. After passing the examination, both parties concerned in the trading shall choose a way on their own to carry on the transaction. If one or both parties ask for, an appraisal of vehicle price shall be made by an appraiser after which the appraised price shall be regarded as a reference price for the trading. If a vehicle falls into the scope provided in the Article 12 of these Rules or fails to pass the appraise by the Municipal Traffic Control Department of Public Security, the working persons of the trading market of used motor vehicles shall not provide services for the seller.
4. After a trading is concluded, the parties concerned shall go through the transaction formalities, receive trading invoices, and pay the service fees as required. The Municipal Administrative Department of Industry and Commerce shall stamp a special seal for examination and verification on the invoice.
5. The Traffic Control Department of Public Security shall process the ownership transferring formalities after examining and verifying the certificates and materials stipulated in Item 1, 2, 3 and 4 of this Article.
Article 14 Both parties concerned in the trading may complain to the Municipal Administrative Department of Industry and Commerce if any one discovers that the administrative staff and appraisers of the trading market of used motor vehicles violate these Rules in the process of the transaction.
The trading market of used motor vehicles and the directly responsible person shall undertake the joint and several liability, if the manager or appraiser of the market causes loss to one or both parties due to fault.
Article 15 The Municipal Administrative Department of Industry and Commerce shall be responsible for the investigation and punishment of the following illegal acts:
1. Anyone who opens a trading market of used motor vehicles without authorization and registration at the Municipal Administrative Department of Industry and Commerce shall be ordered to correct his illegal activity, and be punished as required;
2. Anyone who buys or sells used motor vehicle privately out of the trading market of used motor vehicles, shall be subjected to a fine of less than 10% of the value of the vehicle, and be ordered to make up the trading formalities as required;
3. If the charging standard of trading service fee in a trading market of used motor vehicles is raised in violation of these Rules, the money collected shall be ordered to be refunded, besides that a fine of 3 times of the excessive charge shall be imposed;
4. If an appraiser practices fraud and infringes upon a client’s interest in violation of these Rules, he shall be disqualified and undertake the compensation liability if he causes loss to the client.
Article 16 If an officer of industry and commerce neglects his duties, or plays favoritism and commits irregularities, he shall be given disciplinary sanction by the authority of a higher level, and shall be investigated for criminal responsibilities by the judicial organ according to law, if there is a crime.
Article 17 These rules shall take effect as of the date of promulgation.
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