Regulations on the recall management of defective automobile products

"Regulations on the Management of Defective Automobile Product Recall" Automobile recall refers to the process of eliminating defects that may cause personal injury and property loss by manufacturers of defective automobile products, including specific measures such as notification, repair, replacement and recovery. The defective car recall system originated in the United States. In 2002, the national quality supervision department of China drafted relevant laws and regulations; In 2004, the General Administration of Quality Supervision, Inspection and Quarantine and other four departments issued "Regulations on the Management of Defective Automobile Product Recall", and China's automobile recall system kicked off. The Regulations on the Management of Defective Automobile Product Recall was adopted at the 265438th executive meeting in the State Council on October 2, 2065438, and officially announced on October 36, 2065438. According to the regulations, producers and operators who refuse to make corrections shall be fined between 500,000 yuan and 6,543.8+0,000 yuan.

Legal drafting

In 2002, the national quality supervision department drafted the relevant regulations on the recall management of defective automobile products.

In 2004, the "Regulations on the Management of Defective Automobile Product Recall" (referred to as? Management regulations? )。

2065438+In February 2002, the Legislative Affairs Office of the State Council issued the Regulations on the Management of Defective Automobile Product Recall (Draft for Comment), which added new regulations and made producers or operators appear. Producers who have not stopped producing, selling or importing defective automobile products are ordered to recall and refuse to recall? , will be fined more than 2% 10% of the value of defective automobile products; Illegal income, confiscate the illegal income; If the circumstances are serious, the relevant license shall be revoked by the licensing authority. Relative to? Management regulations? The exposure draft will greatly increase the amount of fines, from 1 10,000 yuan to 5,000 yuan and from 1 10,000 yuan to 30,000 yuan, from 50,000 yuan to 200,000 yuan, and from 500,000 yuan to 1 10,000 yuan respectively.

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In order to standardize the recall of defective automobile products, strengthen supervision and management, and ensure personal and property safety, the General Administration of Quality Supervision, Inspection and Quarantine, together with relevant departments, drafted the Regulations on the Management of the Recall of Defective Automobile Products (Draft for Comment) on the basis of investigation and summary of the implementation experience of the current Regulations on the Management of the Recall of Defective Automobile Products. In order to fully understand the opinions and suggestions from all walks of life and improve the quality of legislation, the full text of the Regulations on the Management of Defective Automobile Product Recall (Draft for Comment) is now published for comments from all walks of life. Relevant units and people from all walks of life can put forward amendments before March 4, 20 12.

Exposure draft

Article 1 These Regulations are formulated for the purpose of standardizing and strengthening the recall management of defective automobile products and ensuring human health and personal and property safety.

Article 2 These Regulations shall apply to the recall, supervision and administration of automobiles and automobile trailers (hereinafter referred to as automobile products) produced and sold in People's Republic of China (PRC).

Article 3 The term "defects" as mentioned in these Regulations refers to the unreasonable dangers that endanger the personal and property safety of a certain batch, model or category of automobile products due to design, manufacture, labeling and other reasons, including:

(a) does not meet the national standards, industry standards and requirements to protect human health and personal and property safety;

(2) It meets the national standards, industrial standards and requirements for protecting human health and personal and property safety, but it may still endanger human health and personal and property safety.

The recall mentioned in these Regulations refers to the activities of automobile product producers to take measures such as modification, labeling supplement, repair, replacement and return in order to prevent and eliminate defects.

Article 4 The quality supervision, inspection and quarantine department of the State Council (hereinafter referred to as the quality inspection department of the State Council) is responsible for the supervision and management of the recall of defective automobile products nationwide.

The quality inspection department of the State Council may entrust the quality and technical supervision departments of provinces, autonomous regions and municipalities directly under the Central Government and the inspection and quarantine institutions directly under it to be responsible for the supervision and management of the recall of defective automobile products within their respective functions and duties. recall

Article 5 The quality inspection department of the State Council shall formulate and issue specific work requirements such as defect investigation, information reporting and filing according to these regulations.

The technical organization of defective product recall of the State Council quality inspection department undertakes the specific technical work of defective automobile product recall.

Sixth the State Council quality inspection, public security, health and other relevant departments should establish information sharing mechanisms such as vehicle production, safety and technical inspection, sales, registration, maintenance, recall, consumer complaints, personal injury.

Article 7 Producers shall recall defective automobile products in accordance with the provisions of these Regulations; If the producer should recall the defective automobile products but fails to implement the recall, the quality inspection department of the State Council shall order the recall of the defective automobile products in accordance with the provisions of these Regulations.

The term "producer" as mentioned in these Regulations refers to an enterprise registered in People's Republic of China (PRC) that produces automobile products and issues a product certificate in its name.

Enterprises that import automobile products from People's Republic of China (PRC) and abroad and sell them in People's Republic of China (PRC) shall be regarded as the producers specified in the preceding paragraph.

Article 8 When recalling defective automobile products, the relevant departments shall keep the business secrets of the parties concerned.

Article 9 Any unit or individual may complain to the State Council Quality Inspection Department about the possible defects of automobile products.

Article 10 A producer shall establish and keep information records of automobile products and the first owners of automobile products for a period of not less than 10 year.

Producers should take the initiative to collect the quality information of automobile products, so that the automobile products they produce can be traced back, and determine the recall scope of automobile products through identification and records.

Eleventh producers shall file the following information with the quality inspection department of the State Council:

(1) Basic information of producers;

(two) the technical parameters of the automobile products and the owner information of the automobile products sold for the first time;

(3) Information on the repair, replacement and return of automobile products involving human health and personal and property safety;

(four) the same type of automobile products in People's Republic of China (PRC) and abroad to carry out the recall information;

Other materials required by the quality inspection department of the State Council.

Article 12 Operators who sell, lease or repair automobile products (hereinafter referred to as operators) shall establish corresponding automobile product operating ledgers and maintenance records, and truthfully record the varieties, specifications, quantities and maintenance conditions of the automobile products they operate. The storage period of operation ledger is not less than 5 years, and the storage period of maintenance records is not less than 5 years.

Operators shall report the possible defects of automobile products to the quality inspection departments and producers in the State Council. If the operator knows that there are defects in the automobile products, he shall immediately stop selling, leasing and using them, and assist the producers to carry out the recall.

Article 13 If a producer learns that there may be defects in automobile products, he shall immediately organize investigation and analysis, and report to the quality inspection department of the State Council within 10 working days from the end of investigation and analysis.

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 14 When the quality inspection department of the State Council learns that there may be defects in automobile products, it shall immediately notify the producers to conduct investigation and analysis. When necessary, the quality inspection department of the State Council shall conduct defect investigation.

Defect investigation can take measures such as entering the production and business premises of production operators to conduct on-site investigation, consulting and copying relevant materials and records, and investigating 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 relevant information needed for the investigation.

The State Council quality inspection department shall not use materials, products and special equipment provided by producers and operators for purposes other than technical inspection and appraisal.

Fifteenth the State Council quality inspection department after investigation that there are defects in automobile products, it shall notify the manufacturer to implement the recall. If the manufacturer thinks that there are no defects in its automobile products, it shall submit its opinions to the quality inspection department of the State Council within 15 working days from the date of receiving the notice, and provide supporting materials. The State Council quality inspection department shall organize experts to demonstrate the certification materials and conduct technical inspection or appraisal of automobile products when necessary. After demonstration, technical inspection or appraisal, it is confirmed that there are defects in automobile products, and the quality inspection department of the State Council shall order the producers to recall them.

Article 16 When a production enterprise carries out a recall, it shall formulate a recall plan according to the regulations of the quality inspection department of the State Council, and report it to the quality inspection department of the State Council for filing within 10 working days from the date of formulating the recall plan, and organize the recall of defective automobile products according to the recall plan. Where the producer modifies the recorded recall plan, it shall re-record it in accordance with the provisions of the quality inspection department of the State Council.

Article 17 When a manufacturer recalls a car, it shall inform the owner of the recall information such as the defects of the car product and the emergency treatment methods to avoid damage in a way that is easy for the public to know, and inform the owner to stop using it when necessary. The owner should cooperate with the producer to carry out the recall.

The quality inspection department of the State Council shall promptly announce to the public the confirmed defect information of automobile products and the relevant information of producer recall; Early warning information can be issued for other unreasonable dangers of automobile products that endanger personal and property safety.

Article 18 The producer shall, at the same time as submitting the recall plan to the quality inspection department of the State Council, inform the seller of the contents of the recall plan, and notify the seller to stop selling defective automobile products, which can only be sold after the defects are eliminated.

Article 19 A producer shall promptly take measures such as modifying, supplementing marks, repairing, replacing and returning goods to eliminate the defects of the sold automobile products.

The producer shall bear the expenses for eliminating the defects and the necessary expenses for transporting the defective automobile products.

Article 20 The producer shall submit a periodic recall report in accordance with the provisions of the quality inspection department of the State Council, and submit a summary report within 30 working days from the date of completion of the recall.

Twenty-first the State Council quality inspection departments should take technical evaluation and other measures to strengthen the supervision of the recall process. If it is found that the scope of recall and the way to eliminate defects do not conform to the provisions of these regulations, it shall be dealt with according to law.

Twenty-second in violation of the provisions of this Ordinance, one of the following circumstances, the quality inspection department shall order it to make corrections; Refuses to correct, a fine of 50 thousand yuan and 200 thousand yuan:

(a) the producer fails to keep the information records of automobile products and owners in accordance with the provisions;

The producer fails to record relevant information and recall plan in accordance with the provisions;

(three) the operator fails to establish the business ledger and maintenance record of automobile products in accordance with the provisions;

(four) the producer fails to submit the relevant recall report in accordance with the provisions.

Twenty-third in violation of the provisions of this Ordinance, the production operators do not cooperate with the quality inspection department to investigate the defects, and the quality inspection department shall order them to make corrections; Refuses to correct, a fine of 500,000 yuan or more and 6,543,800 yuan or less; Illegal income, confiscate the illegal income; If the circumstances are serious, the relevant license shall be revoked by the licensing authority.

Article 24 In case of any of the following circumstances in violation of these regulations, the quality inspection department shall order it to stop producing, selling, importing, leasing and using defective automobile products, and impose a fine of 2% to 10% of the value of the defective automobile products; Illegal income, confiscate the illegal income; If the circumstances are serious, the relevant license shall be revoked by the licensing authority:

The producer fails to truthfully report the results of investigation and analysis;

(2) The producer has not stopped producing, selling or importing defective automobile products;

(3) The producer has not released the recall information;

(4) The producer fails to notify the seller to stop selling defective automobile products;

(five) the producer fails to implement the recall according to the recall plan submitted for the record;

(6) The producer refuses to recall after being ordered to do so;

(seven) the manufacturer fails to eliminate the defects of automobile products in accordance with the provisions;

(eight) the operator has not stopped selling, leasing or using defective automobile products.

Twenty-fifth in violation of the provisions of this Ordinance, engaged in the supervision and management of defective automobile product recall personnel have one of the following acts, shall be punished according to law:

(1) Information, products and special equipment provided by producers and business operators are used for purposes other than technical inspection and appraisal;

(2) disclosing the business secrets of the parties concerned;

Other dereliction of duty, abuse of power.

Article 26 If the tires equipped with automobile products are defective, the automobile product manufacturer shall be responsible for recalling them. If the vehicle is not equipped with a defective tire, the tire manufacturer shall be responsible for recalling it.

The recall of tires shall be implemented with reference to the relevant provisions of these regulations.

Article 27 The recall of defective automobile products by producers in accordance with these regulations shall not exempt them from the legal responsibilities they should bear in accordance with other relevant laws.

Article 28 These Regulations shall come into force as of. Regulations on the Management of Defective Automobile Product Recall @20 19