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Used Vehicle Import Laws In China

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Used vehicle import laws in china

Regulations for Motor Vehicle Safety Investigation, Recall /Correction, Supervision and ManagementThe official Regulations are written in Chinese. Promulgated on November 10, 2004

Article 1. These Regulations are enacted pursuant to Paragraph 3 of Article 63-1 of the Highway Law (hereinafter, the Law).

Article 2. Vehicle and vehicle body manufacturers, vehicle’s import agents and importers shall immediately recall and correct the vehicles which have been sold when evidence was found that vehicle’s defect exists and driving safety is likely jeopardized.

If the Ministry of Transportation and Communication (hereinafter, the MOTC) considers that there is severe safety concern for the motor vehicles supplied by vehicle and vehicle body manufacturers, vehicle’s import agents and importers, the MOTC shall promptly conduct safety investigation.

Article 3. The MOTC may authorize professional technical Institution with specialties in vehicle and has ability and testing facilities (hereinafter, the professional institution) to conduct the investigation specified in the previous article and check the effectiveness of recall and correction.

The MOTC shall issue the authorization and it’s relevant Regulations and publish on government gazettes or newsletters.

Article 4. In order to investigate motor vehicle safety, the MOTC may request Executive Yuan-affiliated cities or county (city) governments, consumer protection organizations, manufacturers, import agents and importers to provide relevant vehicle safety complaint information.

The previous information being requested shall be provided to the professional institution.

Article 5. The format and of the above-mentioned information shall be stipulated by the MOTC.

After receiving the information regarding vehicle safety complaints, the professional institution shall follow relevant Laws or Regulations to manage it.

Article 6. After receiving the information of vehicle safety complaints, the professional institution shall register, summarize, judge and analyze it and submit vehicle safety analysis report to the MOTC in proper time.

Before submitting the report, the professional institution shall inform manufacturers, import agents and importers to provide necessary explanation information.

Article 7. Regarding the analysis report specified in Article 6, the professional institution shall analyze vehicle safety according to the following items:

1. Not conform to the safety anticipated for the technology or professional level at that time which might jeopardize consumer’s life, body and health.

2. Not comply with vehicle safety regulations.

3. The same lots of vehicles that have been declared to recall or notify with alert notice by manufacturers, import agents, importers or foreign governments.

4. Other safety defects, which would affect driving safety.

Article 8. If the vehicle safety case in the vehicle safety analysis report in Article 6 has been recognized as might have severe driving safety concern by the MOTC, the MOTC shall authorize the professional institution to conduct vehicle safety investigation as soon as possible.

Article 9. The professional institution shall prepare for vehicle safety investigation plan including the reason, objective, purpose, scope, method and planned schedule, etc. and get approval from the MOTC before conducting the plan. The Professional Institution shall inform necessary manufacturers, import agents and importers as the investigating objective.

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