Laws of the Guangdong Province

Administrative Rules of Shenzhen Special Economic Zone on Maintenance Industry

 (Promulgated by the Decree No.57 of Shenzhen Municipal People' s Government on November 11, 1996, and revised by the Decree No.135 of Shenzhen Municipal People' s Government on August 26, 2004.)

Chapter  1  General Provisions

Article 1 In order to strengthen the supervision and administration of maintenance industry, improve maintenance service quality, protect the legal rights and interests of maintenance enterprises and individual businesses (hereinafter referred to as the maintenance enterprise), users and customers (hereinafter referred to as the client), and maintain the order of maintenance market, these rules are formulated in accordance with relevant national law and regulations in combination with the actual situations of Shenzhen Special Economic Zone (hereinafter referred to as the special zone).

Article 2 The maintenance industry referred to in these rules is the maintenance business of electromechanical device, household electric appliance, medical utensil, gas device, communication equipment, office automation appliance, optical instrument or other product.

Article 3 The administrative department of technology supervision of Shenzhen People' s Government shall be the competent department of the maintenance industry in the special zone (hereinafter referred to as the municipal competent department).

The administrative department of technology supervision of district people' s government (hereinafter referred to as the district competent department) shall take charge of the administration of maintenance industry in its administrative region under the direction of municipal competent department.

The government' s administrative department of public security, labor or transportation shall take charge of administering the maintenance of fire-fighting appliance, elevator, boiler pressure container, motor vehicle or ship within the scope of its respective functions and duties.

Article 4　The municipal competent department has the following functions and duties:

1. carrying out national law, regulations, rules and administrative measures on maintenance industry;

2. working out the grade standards of technology qualification and evaluation measures of maintenance enterprise, and implementing them after getting the approval of municipal government;

3. evaluating maintenance enterprises' grade of technology qualification, and issuing certificates;;

4. supervising and directing the maintenance industry association in its work;

5. dealing with the complaints about maintenance quality, and imposing penalty to the maintenance enterprise committing misfeasance; 

6. other functions and duties stipulated by law or regulations.　

The municipal competent department shall establish the administration institution of maintenance industry (hereinafter referred to as the municipal administrative institution of maintenance industry) to undertake the concrete administration of maintenance industry.

Article 5  The district competent department has the following functions and duties:

　　1. carrying out national law, regulations, rules and administrative measures on maintenance industry;

2. evaluating maintenance enterprises' grade of technology qualification in its administrative region, and issuing certificates according to the entrustment of municipal competent department;  

3. dealing with the complaints about maintenance quality in its administration region, and imposing penalty to the maintenance enterprise committing misfeasance;

4. other functions and duties stipulated by law or regulations.

　　Article 6 The maintenance industry association shall carry out self-disciplinary management to maintenance industry.

Clients, social organizations of protecting customers' rights and interests, and mass media shall exercise social supervision on maintenance quality and charging.  

Chapter 2  Rights and Obligations of Maintenance Enterprises

Article 7 The maintenance enterprise shall have the following rights: 　　

　　1. requesting the client to explain the phenomenon of product' s malfunction;

　　2. obtaining maintenance remuneration;

　　3. defending itself against the client' s complaint;

4. applying to join the industry association.

Article 8  The maintenance enterprise shall undertake the following obligations:　　

　　1. showing the quality promise clause to clients;

　　2. guaranteeing that the product can be used normally after reparation;

　　3. bearing the responsibility arising from its fault in reparation;

　　4. not using the part or fitting, which does not comply with the product' s technology requirements, passing off the false as genuine, or taking substandard product as fine product;

　　5. keeping the product in reparation appropriately, and paying compensation according to law for the lost product in reparation;

　　6. providing maintenance service at marked price; 

　　7. not exaggerating malfunction, cheating client, or seeking illegal profit;

　  8. accepting the client' s inquiry about maintenance quality;

　　9.  issuing the list of received product;

10. other obligations stipulated by law or regulations.

　　Article 9 Maintenance enterprises shall guarantee maintenance quality, establish and perfect the quality inspection system.

The maintenance enterprise shall provide a reasonable guarantee period, which shall not be less than 3 months, for the product, which is probably to be repaired again because of the same malfunction. In case that the product can not be used normally in the guarantee period because of poor maintenance quality, the maintenance enterprise shall repair the product 3 times at the most for free. In case that the product can not be used normally after being repaired more than 3 times, the maintenance enterprise shall return the charged maintenance fees, and compensate the therefore caused economic loss.

　　Article 10  The maintenance enterprise shall conclude with the customer a written maintenance contract concerning the reparation of any product, except that the reparation can be completed on the spot. The maintenance contract shall contain the following items:

　　1. the name or item, quantity and type of the product in reparation;

　　2. the standard, quantity and quality of the repairing material;

　　3. the phenomenon of malfunction, maintenance history and time;

　　4. the charging standard of maintenance fee, settlement manner, deposit bank and bank account;

　　5. the standard and method of acceptance check;

　　6. the liability for breach of contract and arbitration clause;

7. other clauses.

Article 11 Maintenance enterprises may not occupy any road, affect city appearance or sanitation when practicing product maintenance.

Article 12 Maintenance enterprises shall comply with the law and regulations on public security, and may not provide refit service to stolen goods or provide other facility for the disposal of stolen goods.

Chapter 3  Administration of Maintenance Enterprises

　　Article 13 The enterprise, which provides maintenance service, may apply for the Technical Grade Certificate of Maintenance Enterprise after obtaining the Business License.

The municipal administrative institution of maintenance industry shall complete the evaluation to the enterprise within 10 days upon receiving the application, and issue the Technical Grade Certificate of Maintenance Enterprise.

　　Article 14 The technical grade registered in the Technical Grade Certificate of Maintenance Enterprise is classified into the first grade, second grade and third grade.

The municipal administrative institution of maintenance industry shall determine the specific technology grade of maintenance enterprise according to the grade standards of maintenance enterprise' s technology qualification established by the competent department, when it issues the Technical Grade Certificate of Maintenance Enterprise.

　　Article 15 The maintenance enterprise, which holds a Certificate of Maintenance Enterprise with lower technical grade, may apply to the municipal administrative institution of maintenance industry for higher technical grade 1 year after it obtains the certificate. The municipal administrative institution of maintenance industry shall evaluate the maintenance enterprise and make evaluation conclusion within 30 days upon receiving the promotion application.

　　Article 16  Any enterprise, which applies for the Technical Grade Certificate of Maintenance Enterprise, shall satisfy the following requirements:

　　1. possessing the maintenance equipments, inspection equipments and maintenance place corresponding to its maintenance business item;

　　2. possessing the maintenance technician, holding the post qualification certificate issued or recognized by the municipal or district administrative department of labor, corresponding to its maintenance business item and scale;

　　3. possessing internal operation rules and managerial system to guarantee the quality of maintenance service;

　　4.  possessing the working place satisfying the requirements stipulated by regulations on fire control, environmental protection or city appearance management.

Any enterprise, which applies for higher technical grade, shall have a record of good service, and have no punishment record in the year before the applying date, besides satisfying the requirements provided in the preceding paragraph.

　　Article 17 The competent department shall deal with the complaints about maintenance service quality, carry out daily supervision and inspection to maintenance enterprises, investigate and deal with the misfeasance violating these rules.

　　Article 18  The organization of protecting consumers' rights and interests shall mediate the dispute between the client and maintenance enterprise, and exercise social supervision to the maintenance activities of maintenance enterprises.

The mass media may disclose the misfeasance of maintenance enterprise, and exercise the supervision of public opinion to the maintenance activities of maintenance enterprises.

Chapter 4 Maintenance Industry Association

　　Article 19 The municipal maintenance industry association is a social group established and registered according to law, and carries out self-disciplinary management to maintenance industry. 　　

　　Article 20 The establishment of municipal maintenance industry association, and the election, appointment and removal of its directors and executive directors shall comply with its constitution.

　　Article 21 The municipal maintenance industry association has the following main functions and duties:

1. working out the self-disciplinary rules and service convention of maintenance industry;

2. bringing forward the charging standard of the maintenance service listed in the Management Catalog of Product in Reparation according to the principle of "high price for high quality" , and implement the standard after the municipal administration department approves;

3. guaranteeing the legal operation, legal rights and interests of maintenance enterprises;

　　4. practicing business training to the working staff of maintenance industry;

　　5. practicing professional ethic education to the working staff of maintenance industry;

　　6. providing consultation service on the technology standards and maintenance quality;

　　7. dealing with complaints, and mediating the disputes between clients and maintenance enterprises;

　　8. developing the external communication of maintenance industry;

　　9. handling other matters entrusted by the municipal competent department.

　　Article 22 Maintenance enterprises shall join the maintenance industry association.　　

Article 23 The members of maintenance industry association shall enjoy rights and undertake obligations according to its constitution.

Chapter 5  Penalty Provisions

　　Article 24  In case that the repaired product can not be used normally, fails to satisfy the safety or sanitation standards, and may cause damage to human health, personal safety or property safety, the maintenance enterprise, which violates the Item 2 of Article 8 of these rules, shall be imposed a fine of 2 times the reparation fee. The person directly liable shall be investigated for criminal responsibility according to law, if the consequence is serious and a crime is constituted.

　　Article 25   The maintenance enterprise, which violates the Item 4 of Article 8 of these rules, may be ordered to make correction within a time limit if it uses the part or fitting not satisfying the product' s technology requirements, or shall be punished according to the Regulations of Shenzhen Special Economic Zone on Sternly Cracking down the Illegal Activity of Producing or Selling Counterfeit or Inferior Commodity if it passes off the false as genuine, or takes substandard product as fine product.

　　Article 26  Anyone, who doesn' t provide maintenance service at marked price in violation of the Item 6 of Article 8 of these rules, shall be punished according to the Administrative Regulations of Shenzhen Special Economic Zone on Price.

　　Article 27 Anyone, who exaggerates the product' s malfunction, cheats the client or seeks illegal profit in violation of the Item 7 of Article 8 of these rules, shall be punished according to the Regulations of Shenzhen Special Economic Zone on Stopping the Activity of Seeking Exorbitant Profit.

　　Article 28  Anyone, who occupies the road or affects the city appearance in violation of Article 11 of these rules, shall be punished according to the Administrative Rules of Shenzhen Special Economic Zone on City Appearance and Environmental Sanitation.

　　Article 29 Anyone, who provides refit service to stolen goods or other facility for the disposal of stolen goods in violation of Article 12 of these rules, shall be imposed a fine of 5,000 to 10,000 yuan by the administrative department of public security, and may be revoked the Technical Grade Certificate of Maintenance Enterprise by the competent department.   

　　Article 30  Anyone, who is punished more than 2 times in a year, shall be dealt with as disqualification in the annual examination, and may be degraded or revoked the Technical Grade Certificate of Maintenance Enterprise by the competent department.

Article 31 In case that the punished party does not agree with the decision of administrative penalty, he may apply to the municipal government for reconsideration within 60 days upon receiving the penalty notice. In case that the punished party does not agree with the reconsideration decision, he may file a lawsuit before the people' s court within 15 days upon receiving the reconsideration decision. In case that the punished party does not implement the penalty decision, and does not apply for reconsideration or file a lawsuit before the people' s court, the competent department shall apply to the people' s court for coercive enforcement.

Chapter 6 Supplementary Provisions

        Article 32  These rules shall enter into effect as of the date of promulgation.