Shanghai old motor vehicle regulations (September 1, 1997 the Shanghai Municipal People’s Government released)

Shanghai old motor vehicle regulations (September 1, 1997 the Shanghai Municipal People’s Government released)

(Purpose)
In order to strengthen the city used motor vehicle transaction management, to maintain the old order of the motor vehicle, according to the actual situation of the city, the enactment of this provision.
Article II (Definitions)
The provisions refer to the old motor vehicle is registered in the public security transport sector registered a variety of cars, motorcycles, tractors, special wheeled mechanical vehicles and other motor vehicle.
The term of the old motor vehicle market (hereinafter referred to as the market), refers to government departments approved the establishment of the old motor vehicle, premises, facilities, information services, and perform related duties institutions.
(Scope of Application)
This provision applies to used motor vehicle trading activities and management in the administrative area of ​​the city.
Article IV (Administrative Department)
Shanghai Municipal Economic Commission (hereinafter referred to as the municipal economic commission) in conjunction with the Shanghai Municipal Planning Commission (hereinafter referred to as the City Planning Commission) is responsible for following the work of the old motor vehicle management in the city:
(A) to develop a trading market set up planning in the city;
(B) the approval of the design of the city market;
(C) to coordinate the management relationship between the old motor vehicle transactions.
The city public security, industrial and commercial administrative departments in accordance with their statutory duties, is responsible for the supervision and management of used motor vehicle transactions.
Article (centralized trading)
The old motor vehicle shall, within the legally established trading market.
Article 6 (Establishment of market conditions)
The establishment of a trading market shall meet the following conditions:
(A) comply with the set point of the city market planning;
(B) for old motor vehicle and parking spaces;
(C) specification of the trading market articles of association;
(D) of the old motor vehicle qualifications stipulated by the operational staff;
(E) providing trading license processing, the condition of the vehicle inspection and price assessment services;
(F) other conditions provided by laws, rules and regulations.
Article 7 (Establishment of reporting and approval of the market)
Need to set up units of the market, should market the municipal economic commission to submit an application to the Municipal Economic Commission, within 60 days from the date of receipt of the application in conjunction with the City Planning Commission approval to make a decision;
Approved the establishment of a trading market units to the municipal administrative department for industry and commerce shall handle the registration formalities, before opening.
Article VIII (trading market responsibilities)
The trading market has the following responsibilities:
(A) provide a convenient trading conditions and related services;
(B) Review of admission in the main qualifications of the used motor vehicle trading activities;
(C) formulating the constitution of trading market and trading rules;
(D) mediation transactions disputes;
(E) deal with illegal acts in accordance with the articles of association;
(F) shall perform such other duties according to law.
Trading market may not participate in the operation of old motor vehicle activities.
Article 9 (trading conditions)
Used motor vehicle transactions shall meet the following conditions:
(A) the use of time, mileage and type of vehicle complies with safety and technical performance requirements of the country or city regulations;
(B) detected by the public security and traffic departments qualified.
(10 transactions)
The old motor vehicle can be taken in the following ways:
(A) the transferee of the transferor holds a used motor vehicle (hereinafter referred to as the transferor) and the need of used motor vehicle (hereinafter referred to as the assignee) to deal directly;
(B) the transferor or transferee in writing an agent agent used motor vehicle sale and purchase;
(C) the transferor to the old motor vehicle parked in the trading market consignment.
Taken to auction the old motor vehicle, in accordance with the Auction Law of the People’s Republic of China “and relevant laws and regulations, the provisions of the regulations.
Article 11 (agent condition)
Agent, engaged in trading activities of the old motor vehicle shall meet the following conditions:
(A) is registered in accordance with the law, with the broker of the sale of used motor vehicle agency business;
(B) to recognize and comply with the charter of the market.
Article 12 (item stated in the principal-agent contract)
Transferor or assignee and agent of the commission signed the contract, shall set forth the following major items:
(A) used motor vehicle condition;
(B) the price and the price floating rate;
(C) of the agency fee;
(D) of the handling of the dispute;
(E) other matters agreed by the parties.
Article XIII (transaction price)
In addition to the country or city as otherwise provided, the old motor vehicle transaction price in the trading market by the parties to the transaction discretion.
Controversial by the transferor or transferee of the used motor vehicle on the old motor vehicle transaction price can be entrusted to qualified old vehicle transaction price valuation institutions of the old motor vehicle valuation, as the two sides of the reference price.
Article 14 (license transfer or transfer membership procedures)
Responsible to handle the transfer of ownership of the used motor vehicle license or transfer membership formalities after closing of the old vehicle, the trading market.
Article 15 (Fees)
After closing of the old vehicle, the transferor shall pay the fee to the trading market. Fee standards by the municipal price control department for approval.
Article XVI (treatment) allowed to establish a trading market
Allowed to establish a trading market, shall be punished by the administrative department for industry and commerce according to law.
Article 17 (right trading market offenses processing)
Trading market does not perform duties or participation in the operation of old motor vehicle transactions, industrial and commercial administrative department shall order correction by a deadline; fails to do so, given a warning and may impose a fine of 30,000 yuan.
Article 18 The (non-compliance transaction processing)
Old motor vehicle without permission in the trading market, the industrial and commercial administration shall not handle the verification procedures, the public security department shall not process the transfer or transfer membership formalities.
(19 penalty procedures)
Industrial and commercial administrative department to make administrative punishment, administrative punishment shall issue a written decision. Collecting the fine, shall issue a receipt for forfeiture uniformly printed by the municipal finance department.
Fine accordance with the provisions turned over in the library.
Article 20 (Reconsideration and Lawsuit)
Party refuses to accept the specific administrative act, in accordance with the provisions of the “Regulations on Administrative Reconsideration” and the People’s Republic of China on Administrative Litigation Law, the application for administrative reconsideration or bring an administrative lawsuit.
The parties do not apply for reconsideration within the statutory period, do not sue nor performs the specific administrative act, the department made the specific administrative act in accordance with the provisions of the Administrative Procedure Law of the People’s Republic of China, apply to court for enforcement.
Twenty-one (the stipulations of the issues related to treatment)
Established before the implementation of the provisions of the used motor vehicle trading business units need to continue the operation of old motor vehicles, should be completed in accordance with the provisions of the Municipal Economic Commission, City Planning Commission, the prescribed period, the relevant formalities, and legally established trading market business activities.
Article 22 (Application interpreted department)
The specific application of the municipal ECA with the City Planning Commission responsible for the interpretation.
Article 23 (Effective Date)
These provisions shall enter into force as of November 1, 1997.

Shanghai old motor vehicle market transaction management and service of the Convention

In order to further standardize the market, used motor vehicle trading activities, promote the healthy development of the trading, the establishment of the credit system, the creation of the brand of market services, protect the legitimate rights and interests of consumers, specially formulated Shanghai old motor vehicle market transaction management and service of the Convention “.
Chapter I General Provisions

Article based on: Shanghai broker Ordinance, “Old Shanghai motor vehicle market management rules” as well as other have the relevant laws, regulations and rules.

Second entry: In order to further standardize the market of used motor vehicle trading activities, promote the healthy development of the trading, the establishment of the credit system, the creation of the brand of market services, protect the legitimate rights and interests of consumers.

Article: market organizers, brokerage firms registered at the venue, the brokerage firm employed by the brokers and their trading activities, should consciously abide by the present Convention.

Article 4 The Shanghai Administration of Industry and Commerce Putuo Branch of market management with the supervision of the implementation of this Convention.

The second chapter of the transaction process

Vehicle show in the fifth article of the market vehicle transaction process (1) – → (2) purchase the vehicle – → (3) the transaction and signed a trading contract – → (4) Rush – → (5) settlement of the cars mentioned car. As follows:

(A) vehicle admission, show: all approach trading vehicle display shall be lawful incomplete license, foreign license, no license, vehicle seizure and laws, rules and regulations prohibiting transactions are not allowed to trade entry; show vehicles unified display card, the content on the display card shall not alter, obscure.

(B) the user to look at cars to buy: users will have the right to know, should allow customers to fully look at cars, test, and by mutual consent, to a place outside the market to test the trading vehicle.

(C) Vehicle transaction: The two sides agreed to after closing, to the market registered Zaoche brokerage firm has concluded a transaction contract (transaction contract shall comply with the law, with the principal terms of the Annex to this Convention as shown in the text of the contract). Definition of the rights, obligations. Indicate the transaction price, advance payments, breach of gold and other matters. The contract shall be in the brokerage firm seal, the agent signed before the entry into force. Standard receipt, the agreement shall be null and void. Did not sign the contract, the transaction is private illegal trade is not protected.

(D) vehicles Rush: vehicle seller should get ready transfer of the license transfer membership required and explains road maintenance, operation permits, and other matters. Brokerage firm to a rigorous examination of the various licenses, review trading contracts to ensure the legal integrity of the data, specifically to handle vehicle inspection and assessment procedures according to relevant provisions of the standard fees. All vehicles will be turnover to the market to obtain a permit the department to apply for transfer to membership procedures.
(E) car: Under normal circumstances, both sides transaction in the process of transfer to membership during the trading vehicles should be parked in the market, to be to obtain a permit to complete the settlement of various amounts only after the car to complete the transaction.

Chapter III of brokerage firms, broker management

Article brokerage firm, the broker shall comply with the following provisions:

(A) to comply with state laws and regulations.

(B) of the brokerage business entrusted, should sign a contract, and in accordance with the agreed commission.

(C) engaged in a legitimate used car transactions, the transaction shall comply with the principles of equality, voluntariness, fair and honest credit.

(D) of the Regulatory Committee of the Convention mediation check.

Article brokerage firm in the place of business, suspension of business license and agent photo, and certificate number. Brokerage firms to employ brokers must enter into an employment contract, shall be reported to the market for the record;

Article 8 of the brokerage firm to strengthen the responsibility of the brokers employed by management and training.

Article 9 The broker must be certified, all staff must wear badges, the transaction should take the initiative to express identity.

Article 10 trading dispute mediation should be related brokerage firm in advance.

Chapter IV of the market organizer duties

Article 11 The market organizer should bear the following duties:

(A) provide a convenient trading conditions and related services;

(B) Review of admission in the main qualifications of the used motor vehicle trading activities;

(C) the articles of association violations of regulations for processing.

Chapter self-regulation code of practice

Article 12 of the brokerage firm, the broker is committed to abide by the country the old motor vehicle laws, regulations and market rules and regulations. Strict accordance with the provisions of the trading process in the old motor vehicle and related business.

Voluntary trading market of Article 13, fair trade, not allowed to dominate the market, strong buy, strong sell, shall not engage in illegal transactions of the vehicle.

Article 14 to the customer vehicles and related taxes should be realistic, not intentionally concealed vehicle defects, and never allow fraud fraud.

Article 15 and consciously accept the management and supervision of the market and the relevant law enforcement departments.

Chapter VI of the regulatory bodies of the Convention

Article 16 Convention on the market was established regulatory leadership team, under the supervision of the Leading Group Office. Staff members from the business sector, the public security department, the relevant departments of the market, and some brokerage firms and other common composition.

Convention Article 17 supervision of the leading group exercise the following duties:

(A) to accept the relationship of the relevant government departments of guidance, coordination and industry associations.

(B) under the new circumstances, in accordance with relevant state regulations, policies, the contents of this Convention timely revise and improve.

(C) terminate the lease site’s eligibility for one year more than non-trading company to market authorities. And shall report these to the business sector.

Convention Article 18 The regulation of the Leading Group Office Responsibilities:

(A) of the Convention on the regulatory guidance of the leading group.

(B) specific complaints, mediation of trade disputes, and specifically to deal with related matters.

(C) be checked on a regular basis on the trading behavior of the brokerage firms, brokers.

Chapter VII liability for breach of contract

Article 19 in violation of Article 5 of the Convention do not follow the uniform transaction process for market trading brokerage firm, the Regulatory Committee of the Convention have the right to make rectification. Serious cases will stop its trading, until the correction for multiple violations, incorrigible. Upper management to the market report.

Violation of Article VII of the Convention Article 20, Article 8 and 9 of these brokerage firms, broker the Regulatory Committee of the Convention right to request correction, serious cases will be reported to the administrative department for industry and commerce.

Article 21 conceal the condition of the vehicles, while the dispute, the Regulatory Committee of the Convention will be based on the specific circumstances require brokers to correct an apology, compensation until retirement vehicles. Intentional fraud customers satisfied with the management, the circumstances are serious submitted to the industry and commerce, public security departments to deal with.

Article 22 for violation brokers, market irregularities will be recorded and submitted to the trade associations, business sector, as a trial card, verify that the evaluation basis. Repeat offenders, posted a notice to remove appearances, canceled its floor trading qualification, copied to the industry association, the city market of used cars (used cars), and reported to the market superior authority.

Article 23 of the transaction illegal vehicles, all retirement vehicles and sent to the law enforcement agency.

Article 24 For acts in violation of the Shanghai broker Ordinance, will be sent to the relevant departments of the “regulations”.

Chapter VIII Supplementary Provisions, Annex

Article 25 The right to interpret belongs to the old motor vehicle market in Shanghai. Such as the provisions of the Convention and the relevant laws and regulations contravene the laws and regulations shall prevail.

Article 26 of Annex (a) “vehicle transaction contract”

Article 27 This Convention shall be contracted from the date of trial.

Shanghai old motor vehicle market

April 27, 2002

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