Laws of the People's Republic of China

the State Administration for Industry and Commerce

Provisions on the Procedures for Examining the Archival Filing of Distribution Enterprises of Brand Automobiles

August 31, 2005

Article 1

With a view to intensifying the examination of archival filing of the distribution enterprises of brand automobiles, standardizing the procedures for examination, improving work efficiency and providing high-quality services, the present Provisions are formulated in accordance with such laws, regulations and rules as the Administrative Licensing Law and the Measures for Implementing the Administration of Brand Sale of Automobiles.

Article 2

The examination of archival filing of brand automobiles shall follow the principles of being open, fair and impartial, and shall be carried out according to the statutory power limit, scope, conditions and procedures.

The relevant regulations and policies on archival filing of brand automobiles as well as the documents of and provisions on the requirements and the procedures for the acceptance in the examination work shall be publicized on the "Hongdun Information Network" (http://www.saic.gov.cn)of the State Administration for Industry and Commerce and in the relevant reception places in a timely manner.

Article 3

The Administrative Office for the Important Goods Market under the Administrative Department of Market Regulation shall be responsible for examining the applications for archival filing filed by distribution enterprises of brand automobiles, and shall intensify its supervision and administration of the distribution enterprises that have been put on record as well as the automobile market.

Article 4

The application materials of a general distributor or a dealer of brand automobiles shall be subject to the examination in respect of the following contents:

1.

The application materials for archival filing of a general distributor of brand automobiles are as follows:

(1)

An application report;

(2)

The authorization certificate issued by the manufacturer of brand automobiles;

(a) The relevant certificate on the registration of the manufacturer of brand automobiles;

(b) The registration of the trademark of the brand automobile or the licensing of registered trademark and the appearance identification in Chinese;

(c) The authorization contract concluded with the manufacturer of the brand automobiles;

(3)

The business license of the enterprise;

(4)

The name, identification and trademark of the stores to be uniformly used by the authorized distributor of brand automobiles;

(5)

The model contract of the authorized distributor of brand automobiles; and

(6)

The contact person and contact methods

A general distributor of imported brand automobiles shall provide not only the aforesaid archival materials but also the certification concerning the approval of the relevant departments of the State for the import of brand automobiles

2.

The application materials for archival filing of a dealer of brand automobiles are as follows:

(1)

The business license of the enterprise

(2)

The authorization certificate issued by the supplier of brand automobiles

(3)

The measures for after-sale services (including return and compensation, change, repair and maintenance, etc.)

(4)

The contact person and contact methods.

Article 5

An application with complete materials in the prescribed format, which has gone through all the required formalities, shall be accepted in a timely manner. Where the content of application materials is incomplete or fails to comply with the prescribed format, the relevant applicant shall be informed to make corrections. In the case of non-acceptance of an application of archival filing, the applicant shall be informed of the explanations and basis for such non-acceptance.

It is not allowed to require the applicant to submit any technical material or any other material irrelevant to the application for archival filing.

Article 6

The principle of combining written examination with on-the-spot inspection shall be followed in the examination of archival filing of the distribution enterprises of brand automobiles. The term "written examination" mainly refers to the examination carried out to see whether or not the application materials of an enterprise comply with the requirements of the archival content. The term "on-the-spot inspection" refers to inspection that the relevant administrative department of industry and commerce at the provincial level investigate and verify the authenticity of the relevant content of application materials under the entrustment of the State Administration for Industry and Commerce.

The Administrative Department of Market Regulation may, where the circumstances make it necessary, directly appoint a person to carry out an on-the-spot inspection in conjunction with the administrative department of industry and commerce at the provincial level.

Article 7

An examiner shall be designated for each file of application materials. An examiner shall carry out the examination in earnest and shall, within 5 days as of the day of acceptance put forward, present his opinions on preliminary examination to the chief of Administrative Office for the Important Goods Market for review. The chief shall, within 3 days, present his review opinions to the deputy director of Administrative Department of Market Regulation for examination.

Article 8

Upon the approval of the deputy director of the said Department, the application materials shall be submitted to the executive meeting of the directors of said Department, in which a decision shall be made on whether or not to grant the approval of archival filing application.

Article 9

An application that meets the requirements of archival filing shall be signed by the director of the department and be reported to the State Administration for Industry and Commerce for approval. In the case of approval of archival filing, the name list of enterprises on archival filing shall be publicized in a timely manner.

Article 10

When handling the administrative licensing, the working staff shall receive applicants in an enthusiastic manner and handle the relevant matters according to the provisions. No one may carry out an examination and approval by exceeding his power or by abusing his power for personal gains, nor may he claim or take any property from the party concerned or seek any other interest.

For the violation of any of the aforesaid provisions, the Administrative Department of Market Regulation shall timely report it to the State Administration for Industry and Commerce or the disciplinary inspection and supervision organs, and the person-in-charge or any other personnel as held directly responsible shall be subject to liabilities in accordance with the relevant provisions.