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Order
of the Shenzhen Municipal People' s Government
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(No.
30, Issued on June 25, 1994)
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Rules of the Shenzhen Special Economic Zone on
Administration of Trading of Used Motor Vehicles was deliberated
and adopted at the Eightieth Executive Meeting of the Municipal
People' s Government on April 23,
1994, and it is now
promulgated and take effect as of the date of promulgation.
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Li Youwei
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Mayor
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Rules
of the Shenzhen Special Economic Zone on Administration
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of
Trading of Used Motor Vehicles
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(Promulgated
by the Shenzhen Municipal People' s Government on June 25,
1994, Revised at the 122th
Executive Meeting of the Second
Shenzhen Municipal People' s Government on December 3, 1998)
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Article 1 In order to strengthen administration of
trading markets of used motor vehicles, stop illegal trading,
and maintain a normal order in trading of used motor vehicles,
these rules are hereby formulated
in the light of the special
conditions of the Shenzhen Special Economic Zone (hereinafter
referred
to as the Special Zone).
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Article 2 The used motor vehicles referred to in these
measures shall mean the automobiles, motorcycles, and other
motor vehicles which have legal origins, complete data, and have
been used for more than half a
year.
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Article 3 All units and individuals engaged in trading of
used motor vehicles within the Special Zone shall abide
by these
rules.
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Article 4 Used motor vehicles shall be traded within a
trading market of used motor vehicles, and private trading
out
of such a market shall be forbidden.
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A trading market of used motor vehicles shall apply to
the Shenzhen municipal (hereinafter referred to as the
municipal) department of industry and commerce administration
for registration according to law, and
business may not be
started without registration.
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Article 5 The municipal department of industry and
commerce administration shall be responsible for daily
supervision and administration of trading markets of use motor
vehicles, and the municipal departments
of public security in
charge of traffic control, transportation, customs, etc., shall
be well engaged
in the supervision and administration according
to their respective functions and duties.
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Article 6 To apply for establishing a trading market of
used motor vehicles, it shall be required to meet the following
conditions, in addition to having the documents of approval from
the Guangdong provincial departments
of public security in
charge of traffic control and of materials and equipment
management, and
having an approved name:
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having
a fixed site for business and a legitimate, valid certificate
for using the site;
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having
registered capital of more than 10,000,000 RMB;
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having
a certain number of professional technical personnel who qualify
as vehicle price appraisers;
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the
other conditions stipulated by the municipal government.
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If
trading of used motor vehicles is done by auction, it shall also
meet the conditions
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stipulated
in Items (2), (3), (4), (5) of the first section of Article 20
of Regulations of the
Shenzhen Special Economic Zone on Property
Auction.
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Article 7 A trading market of used motor vehicles shall
provide a site, information, and the related service facilities
for trading of used motor vehicles, and take charge of trading
between both parties concerned.
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A trading market of used motor vehicles may charge
service fees, and the service fee shall not exceed 1% of the
total value of a concluded transaction, and be assumed by both
parties of trading.
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Article 8 The vehicle price appraisers of a trading
market of used motor vehicles (hereinafter referred to as
appraisers) shall obtain qualifications confirmed by the
municipal department of public security in
charge of traffic
control and the municipal department of industry and commerce
administration.
When providing an appraisal service for both
parties of trading, an appraiser shall be objective, fair, and
truthful, may not provide a false appraisal certificate, and may
not be engaged in buying and selling
of used motor vehicles.
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The appraisal criteria for used motor vehicles shall be
set by the municipal department of public security in charge
of
traffic control jointly with the municipal department of
industry and commerce administration,
and be made public.
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Article 9 Based on the option of the party concerned, a
trading market of used motor vehicles may adopt a way to
do
business such as face-to-face trading on the site, purchasing,
procuratorial buying, consignment
selling, auctioning, etc.
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Article 10 Both parties concerned in trading of a used
motor vehicle shall conclude a written trading contract. The
trading contract shall include the following items:
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the
names or titles of both parties concerned in trading;
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the
make and quantity of vehicles;
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the
license plate, the serial number of engine and chassis;
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the
quality of vehicles;
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the
trading prices and the method of payment;
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the
name of the trading market of used motor vehicles;
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the
other items agreed by the parties concerned.
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Article
11 The following used motor vehicles, after being confirmed as
qualified
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in
a quality and safety appraisal done by the municipal department
of public security in charge
of traffic control, shall be
allowed to enter a trading market of used motor vehicles for
sale:
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the
commodity vehicles;
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the
imported rebuilt vehicles with valid documents of approval and
completed customs formalities;
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the
duty-free vehicles originally imported by the units of the
Special Zone for their own use with
documents of approval to be
sold out of the Special Zone or approval of the formalities for
transferring
by the customs;
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the
vehicles donated or given as gifts by the overseas Chinese,
compatriots in Hong Kong and Macao,
and compatriots in Taiwan
after the original approving offices have agreed to transfer and
sell
the vehicles, and the customs has also approved to do so
through completion of its formalities;
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the
used motor vehicles proved to be qualified for continual use by
a technical inspection done
by the department of vehicle
administration after rebuilding;
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the
other vehicles which may be traded according to the rules.
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The
used motor vehicles released from military service shall be
traded in compliance
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with
the related rules of the state.
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Article 12 The following vehicles shall be forbidden to
be traded:
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the
smuggled vehicles;
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the
vehicles of unknown origin;
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the
vehicles with incomplete formalities;
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the
vehicles to be discarded according to the rules;
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the
vehicles pieced together and assembled without authorization;
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the
other vehicles forbidden to be transferred according to the
rules.
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Article
A trading market of used motor vehicles shall comply with the
following
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procedure
in trading:
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(1) The seller shall park the used motor vehicle within
the trading market of used motor vehicles and provide the
following documents:
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1.
the identification paper of the unit or individual, the
identification paper of the legal representative
of the unit;
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2. the surcharge certificate;
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3.
the certificate of passing of the annual inspection and the
certificate of appraisal of used
motor vehicles;
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4.
the certificate of non-duty-free vehicle issued by the municipal
department of public security
in charge of traffic control if
the vehicle is an imported commodity vehicle;
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5.
the permission of the customs if the vehicle is an imported
duty-free vehicle.
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(2) The Buyer shall provide the following documents:
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1.
the identification paper of the unit or individual, the
identification paper of the legal representative
of the unit;
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2.
the documents of approval from the department of processing
control and the department in charge
of
transportation if the buyer is the unit for which buying
a vehicle needs approval from the department of processing
control and authorization of the department in charge of
transportation concerning how many vehicles
the unit is allowed
to have;
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Selling
an imported vehicle out of Guangdong Province shall follow the
related rules of the state.
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(3) The trading market of used motor vehicles shall
examine the certificates and materials provided by both parties
of trading and notify them to make up missed documents if the
documents are incomplete. After passing
the examination, the
both parties of trading shall choose a way on their own to do
trading. If
the both parties or one party of trading want an
appraisal of vehicle price, an appraiser shall do so, and the
price decided by the appraisal shall be a price for reference in
trading. If a vehicle falls into
one of the items of Article 12
of these rules or a vehicle has not passed the appraisal by the
municipal department of public security in charge of traffic
security, the trading market of used motor vehicles
shall not
provide services for the seller.
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(4) After both parties of trading have concluded a
transaction, they shall go through the formalities for a
concluded transaction, receive trading invoices, and pay the
service charge according to the rules;
the municipal department
of industry and commerce administration shall affix a special
seal for
examination on the invoices.
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(5) The department of public security in charge of
traffic control shall process the transfer of titles after
examining of the certificates and materials stipulated in Items
(1), (2), (3), (4) of this article.
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Article 14 If any violation of these regulations by the
managerial staff, appraisers of a trading market of used
motor
vehicles has been found by both parties of trading in the
procedure of transaction, a complaint
may be filed to the
municipal department of industry and commerce administration.
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If the both parties or one party of trading have suffered
from a loss because of the mistake of the managerial staff,
appraisers of a trading market of used motor vehicles, the
trading market and the directly responsible
persons shall be
held liable for joint and several compensation.
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Article 15 The municipal department of industry and
commerce administration shall be responsible for investigation
and punishment of the following illegal acts:
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in
case of opening a trading market of used motor vehicles without
authorization and registration
by the municipal department of
industry and commerce administration, correcting illegal
activities
shall be ordered, and a punishment shall be imposed
according to the related rules;
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in
case of trading a used motor vehicle privately out of the
trading market of used motor vehicles,
a fine of less than 10%
of the value of the vehicle shall be imposed on the party
concerned of
trading, and complying with the formalities of
trading according to the rules shall be ordered.
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in
case of raising the service charge of trading by a trading
market of used motor vehicles in violation
of these rules,
refunding shall be ordered, and a fine of 3 times of extra
charge shall be imposed;
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in
case of encroachment upon the interests of one party of trading
by a trading market of used motor
vehicles collaborating with
another party of trading, the trading market of used motor
vehicles
shall be instructed to stop business and make
rectification; if the case is serious, the business license
shall be suspended; if it has caused a property loss for one
party of trading, the trading market of
used motor vehicles and
another party of trading in collaboration shall be held liable
for joint
and several compensation.
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in
case of encroachment upon a client' s interests by an appraiser
through practicing fraud in violation
of the rules, the
appraiser shall be disqualified; if it has caused a loss to the
client, the appraiser
shall be held liable for compensation.
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Article 16 If anyone of the personnel of industry and
commerce administration
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have
neglected duties, practiced favoritism and engaged in
irregularities, the responsible department
at the higher level
shall impose administrative sanctions; if a crime has been
constituted, the
criminal responsibility shall be investigated
into by the judicial department according to law.
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Article 17 These rules shall take effect as of the date
of promulgation. |
