decree of the state council of the people’s republic of china
sequence 626 number
"Regulations on the Management of Defective Automobile Product Recall" has been adopted at the 219th executive meeting in the State Council on October 10, 2012, and is hereby promulgated and shall come into force as of January 1, 2013.
General manager Wen Jiabao
October 22nd, 2012
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Regulations on the recall management of defective automobile products
the first In order to standardize the recall of defective automobile products, strengthen supervision and management, and ensure personal and property safety, these regulations are formulated.
the second These Regulations shall apply to the recall, supervision and management of automobiles and automobile trailers (hereinafter referred to as automobile products) produced and sold in China.
Article The term "defects" as mentioned in these Regulations refers to the situation that the automobile products in the same batch, model or category generally do not meet the national standards and industry standards for protecting personal and property safety or other unreasonable dangers that endanger personal and property safety.
The recall mentioned in these Regulations refers to the activities of automobile product producers to take measures to eliminate defects in their sold automobile products.
Article 4 The State Council product quality supervision department is responsible for the supervision and management of the recall of defective automobile products nationwide.
The relevant departments of the State Council are responsible for the supervision and management of the recall of defective automobile products within their respective responsibilities.
Article 5 The State Council’s product quality supervision departments may entrust the product quality supervision departments of the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government and the import and export commodity inspection agencies to be responsible for the supervision and management of the recall of defective automobile products.
The State Council product quality supervision department defective product recall technical institutions in accordance with the provisions of the State Council product quality supervision department, undertake the specific technical work of defective automobile product recall.
Article 6 Any unit or individual has the right to complain about the possible defects of automobile products to the product quality supervision department, and the product quality supervision department of the State Council shall announce the telephone number, e-mail address and mailing address of accepting complaints to the public in a way that is convenient for the public to know.
The State Council product quality supervision department shall establish a defective automobile product recall information management system, collect, summarize, analyze and process information about defective automobile products.
Product quality supervision departments, competent departments of automobile products, competent departments of commerce, customs, traffic management departments of public security organs, competent departments of transportation, administrative departments for industry and commerce and other relevant departments shall establish a sharing mechanism for information on the production, sales, import, registration and inspection, maintenance, consumer complaints and recall of automobile products.
Article 7 Product quality supervision departments and relevant departments, institutions and their staff members shall not disclose business secrets and personal information they know when performing their duties as stipulated in these Regulations.
Article 8 For defective automobile products, producers shall recall them all in accordance with these regulations; If the producer fails to recall, the product quality supervision department of the State Council shall order it to recall in accordance with these regulations.
The term "producer" as mentioned in these Regulations refers to an enterprise legally established in China to produce automobile products and issue product certificates in its name.
Enterprises that import automobile products from outside China and sell them in China shall be regarded as the producers mentioned in the preceding paragraph.
Article 9 The producer shall establish and keep information records on the design, manufacture, identification and inspection of automobile products, as well as information records on the owners of automobile products for the first time, and the retention period shall not be less than 10 years.
Article 10 The producer shall report the following information to the product quality supervision department of the State Council for the record:
(1) Basic information of producers;
(two) the technical parameters of automobile products and the owner information of the first sale of automobile products;
(3) Information on repair, replacement and return of automobile products due to faults that endanger personal and property safety;
(4) Information on the recall of automobile products outside China;
(five) other information required by the the State Council product quality supervision department for the record.
Article 11 Operators who sell, lease or repair automobile products (hereinafter referred to as operators) shall establish and keep information records related to automobile products in accordance with the provisions of the product quality supervision department of the State Council, and the retention period shall not be less than 5 years.
Operators who know that there are defects in automobile products shall immediately stop selling, leasing and using defective automobile products, and assist producers in implementing the recall.
The operator shall report to the product quality supervision department of the State Council and inform the producers of the relevant information about the possible defects of the automobile products.
Article 12 If the manufacturer knows that there may be defects in automobile products, he shall immediately organize investigation and analysis, and truthfully report the results of the investigation and analysis to the product quality supervision department of the State Council.
If the manufacturer confirms that the automobile product is defective, it shall immediately stop producing, selling and importing the defective automobile product and carry out a recall.
Article 13 If the product quality supervision department of the State Council learns that there may be defects in automobile products, it shall immediately notify the producers to carry out investigation and analysis; If the producer fails to carry out investigation and analysis in accordance with the notice, the product quality supervision department of the State Council shall carry out defect investigation.
The State Council product quality supervision department believes that there may be defects in automobile products that will cause serious consequences, and can directly carry out defect investigation.
Article 14 The State Council’s product quality supervision department can carry out defect investigation, enter the production and business premises of producers and operators to conduct on-site investigation, consult and copy relevant materials and records, and learn about possible defects of automobile products from relevant units and individuals.
The producer shall cooperate with the defect investigation and provide the relevant materials, products and special equipment needed for the investigation. The operator shall cooperate with the defect investigation and provide the relevant information needed for the investigation.
The product quality supervision department of the State Council shall not use the materials, products and special equipment provided by producers and operators for purposes other than technical inspection and appraisal required for defect investigation.
Article 15 If the product quality supervision department of the State Council believes that there are defects in the automobile products, it shall notify the producers to carry out the recall.
If the manufacturer thinks that there is no defect in its automobile products, he may raise an objection to the product quality supervision department of the State Council within 15 working days from the date of receiving the notice, and provide supporting materials. The product quality supervision department of the State Council shall organize experts who have no interest in the producers to demonstrate the certification materials, and carry out technical inspection or appraisal of automobile products when necessary.
If the producer neither recalls in accordance with the notice nor raises any objection within the time limit specified in the second paragraph of this article, or if the product quality supervision department of the State Council organizes demonstration, technical inspection and appraisal in accordance with the second paragraph of this article to confirm that the automobile product is defective, the product quality supervision department of the State Council shall order the producer to recall; Producers shall immediately stop producing, selling and importing defective automobile products and carry out a recall.
Article 16 The producer shall make a recall plan in accordance with the provisions of the product quality supervision department of the State Council and report it to the product quality supervision department of the State Council for the record. Revising the recorded recall plan shall be re-filed.
The producer shall carry out the recall according to the recall plan.
Article 17 The producer shall notify the seller of the recall plan filed with the product quality supervision department of the State Council at the same time, and the seller shall stop selling defective automobile products.
Article 18 When the manufacturer recalls, it shall release information in a way that is convenient for the public to know, and inform the owner of the defects in the automobile products, emergency disposal methods to avoid damage and measures taken by the producer to eliminate defects.
The State Council’s product quality supervision department shall promptly announce to the public the confirmed information of defective automobile products and the relevant information of the manufacturer’s recall.
The owner shall cooperate with the producer to carry out the recall.
Article 19 For the recalled defective automobile products, the manufacturer shall promptly take measures such as amending or supplementing the marks, repairing, replacing and returning the products to eliminate the defects.
The producer shall bear the cost of eliminating defects and the necessary cost of transporting defective automobile products.
Article 20 The producer shall submit a recall stage report and a recall summary report in accordance with the provisions of the product quality supervision department of the State Council.
Article 21 The State Council product quality supervision department shall supervise the implementation of the recall, and organize experts who have no interest with the producers to evaluate the effect of eliminating defects by the producers.
Article 22 Producers in violation of the provisions of this Ordinance, one of the following circumstances, the product quality supervision department shall order it to make corrections; Refuses to correct, a fine of 50 thousand yuan and 200 thousand yuan:
(1) Failing to keep information records about automobile products and owners in accordance with regulations;
(2) Failing to file relevant information and recall plan in accordance with regulations;
(3) Failing to submit the relevant recall report as required.
Article 23 In violation of the provisions of this Ordinance, in any of the following circumstances, the product quality supervision department shall order it to make corrections; Refuses to correct, a fine of 500 thousand yuan and 1 million yuan; If there is illegal income, the illegal income shall be confiscated; If the circumstances are serious, the licensing authority shall revoke the relevant license:
(a) producers and operators do not cooperate with the defect investigation of product quality supervision departments;
(2) The producer fails to carry out the recall according to the recorded recall plan;
(3) The producer fails to inform the seller of the recall plan.
Article 24 If a producer violates the provisions of these Regulations and has any of the following circumstances, the product quality supervision department shall order it to make corrections and impose a fine of more than 1% and less than 10% of the value of defective automobile products; If there is illegal income, the illegal income shall be confiscated; If the circumstances are serious, the licensing authority shall revoke the relevant license:
(1) Failing to stop producing, selling or importing defective automobile products;
(2) Concealing the defects;
(3) refusing to recall after being ordered to recall.
Article 25 In violation of the provisions of this Ordinance, the personnel engaged in the supervision and administration of defective automobile product recall shall be punished according to law if they commit any of the following acts:
(a) the information, products and special equipment provided by producers and operators are used for purposes other than technical inspection and appraisal required for defect investigation;
(2) disclosing the business secrets or personal information of the parties concerned;
(three) other dereliction of duty, abuse of power.
Article 26 In violation of the provisions of this Ordinance, which constitutes a crime, criminal responsibility shall be investigated according to law.
Article 27 If there are defects in the tires that are not equipped with the vehicle when the automobile products leave the factory, the tire manufacturer shall be responsible for recalling them. Specific measures shall be formulated by the product quality supervision department of the State Council with reference to these regulations.
Article 28 The recall of defective automobile products by producers in accordance with these regulations does not exempt them from the responsibilities they should bear according to law.
If the automobile products have quality problems other than those stipulated in these Regulations, the owners have the right to require the producers and sellers to bear corresponding legal responsibilities such as repair, replacement, return and compensation for losses in accordance with the product quality law, consumer rights protection law and other laws, administrative regulations, relevant state regulations and contractual agreements.
Article 29 These Regulations shall come into force as of January 1, 2013.