Laws of the People's Republic of China

National Development and Reform Commission

Order of the National Development and Reform Commission

No. 38

In accordance with relevant laws and regulations of the state and the relevant provisions of the "Policies on Development of the Automobile Industry", the "Measures Governing the External Marks of Automobile Products", which were deliberated and adopted at the working meeting of the directors of the National Development and Reform Commission, are hereby promulgated, and shall come into force as of February 1, 2006.

Director General of the National Development and Reform Commission, Ma Kai,

November 3, 2005

Measures Governing the External Marks of Automobile Products

Chapter I General Provisions

Article 1

These Measures are formulated according to the relevant laws and regulations for the purpose of regulating the external marks of the products of automobile manufacturing enterprises, protecting the lawful rights and interests of consumers, propelling automobile manufacturing enterprises on enhancing their consciousness of quality and brand, and carrying out the "Policies on Development of the Automobile Industry".

Article 2

"External marks of automobile products" as mentioned in these Measures shall refer to the registered commodity trademarks, names of manufacturing enterprises, places of origin, names of vehicle types, models, displacement of engines, gear-box types, driving modes, and other marks reflecting the features of vehicles.

Article 3

These Measures shall be applied to the automobiles manufactured within the territory of China and sold oriented to the domestic markets. No unified requirements are set forth for the automobiles manufactured within the territory of China and sold oriented to the foreign markets and the imported automobiles.

Article 4

The competent department of automobile industry shall be responsible for regulating and administering the indication of external marks of automobile products.

Chapter II Indication of Marks

Article 5

On an eye-catching position on the external surface of the front part of the vehicle body of a domestically manufactured automobile, there shall be installed at least a permanently existing commodity trademark.

Article 6

On a distinctive position of the tail of the vehicle body (on the surface of the rear part of the vehicle body above the bumper) of a domestically manufactured passenger vehicle, commercial vehicle or trailer the name of the automobile manufacturing enterprise, the commodity trademark and the name of the vehicle type, etc. shall be indicated. If a figurative commodity trademark needs to be indicated, it shall be affixed in the middle of the external surface of the tail of the vehicle body (except for any vehicle whose tail of the vehicle body is attached with a spare tire or whose rear part of the vehicle body is installed with a door opening towards left and right).

If all parties of a joint venture automobile manufacturing enterprise intends to make combined indication with the shortened form of their name in Chinese characters or with the Chinese character trademarks they has registered, the name of the manufacturing enterprise shall be no longer needed to indicate .

Article 7

A special vehicle using a purchased chassis shall keep the commodity trademark, the name of the manufacturing enterprise, etc. of the original chassis. Meanwhile, the information of the special vehicle manufacturing enterprise such as its name, the commodity trademark, the name of the vehicle type, etc. shall be indicated.

Article 8

The commodity trademark of the manufacturing enterprise or the enterprise name shall be indicated on the product of automobile parts and components . The specific method of indication shall be decided by the enterprise itself.

Chapter III Requirements on Marks

Article 9

The name of an automobile manufacturing enterprise shall be indicated with Chinese characters. For the type of a vehicle whose length is more than 4.2 m, the height of its Chinese characters shall not be under 25mm; while for the type of a vehicle whose length is no more than 4.2 m, the height of its Chinese characters shall not be under 20mm. The name of the manufacturing enterprise and the literal trademark of commodity must be indicated with the same material.

Article 10

The name of a vehicle type may be indicated with either Chinese characters or English letters, and the height of the characters or letters shall not be under 15mm.

Article 11

The contents indicated on the external mark of an automobile product shall be consistent with those indicated on the scutcheon of the vehicle product, the leave factory conformity certificate of the complete vehicle and other similar documents.

Article 12

Among the marks on the front part and rear part of the body of a passenger vehicle or commercial vehicle, the name of the automobile manufacturing enterprise, the commodity trademark and the name of the vehicle type, etc. shall be permanently kept, and shall not be coated by means of spraying paints or be stuck with non-drying glue.

Chapter IV Supplementary Provisions

Article 13

Automobiles as mentioned in these Measures shall refer to the vehicles as defined in Clause 2.1 of the national standards (GB/T3730.1--2001), including passenger vehicles (as defined in Clause 2.1.1) and commercial vehicles (as defined in Clause 2.1.2), among which, the vehicles as defined in Clauses 2.1.1.11, 2.1.2.3.5, and 2.1.2.3.6 shall be special automobiles; the trailers as mentioned therein shall refer to the vehicles as defined in Clause 2.2 of the national standards (GB/T3730.1 --2001).

Article 14

The "name of an automobile manufacturing enterprise" as mentioned in these Measures shall refer to the name of automobile manufacturing enterprise registered in the administrative department for industry and commerce or the name of automobile manufacturing enterprise published in the "Announcement".

When an enterprise name is indicated, either the full or the shortened form of name may be adopted. When the shortened form of an enterprise name is adopted, it shall be reported for archival filing at the time when f applying for the "Announcement of Road Motor Vehicle Manufacturing Enterprises and Their Products".

The share-controlling subsidiary company of a domestic automobile manufacturing enterprise (group) may, pursuant to the requirement of the parent company, indicate the enterprise name or the shortened form thereof.

Article 15

"Permanently kept" as mentioned in these Measures shall refer to that is not allowed to aging or naturally fall off within the service life of product.

Article 16

Starting from February 1, 2006, any new product for declaring the "Announcement of Road Motor Vehicle Manufacturing Enterprises and Their Products" (hereinafter referred to as "Announcement") must conform to these Measures, otherwise the said product shall not be permitted to be published on the "Announcement".

Article 17

Automobile manufacturing enterprises shall adjust the external marks on the vehicle types and vehicle bodies listed in the "Announcement" according to the provisions of these Measures as soon as possible. From May 1, 2006, all vehicle types listed in the "Announcement" shall meet the requirements of these Measures. Any vehicle type that fails to meet the said requirements shall be suspended from publishing in the "Announcement".

Article 18

These Measures shall come into force as of February 1, 2006.