Administrative Regulations on Recall of Defective Auto Products

Administrative Regulations on Recall of Defective Auto Products
Administrative Regulations on Recall of Defective Auto Products

Order of the State Council No.626

October 22, 2012

Administrative Regulations on the Recall of Defective Auto Products, which were deliberated and adopted at the 219th executive meeting of the State Council on October 10, 2012, are hereby promulgated and shall come into force as of January 1, 2013.

Premier: Wen Jiabao

Administrative Regulations on the Recall of Defective Auto Products

Article 1 These Regulations are enacted for the purposes of regulating the recall of defective auto products, intensifying supervision and administration and protecting personal and property safety.

Article 2 These Regulations shall be applicable to the recall and the supervision administration of automobiles and trailers (hereafter collectively referred to as the "Auto Products") manufactured and sold within the territory of China.

Article 3 In these Regulations, the defects refer to the circumstances not satisfying the national standards or industrial standards of safeguarding personal and property safety or the unreasonable risks endangering personal and property safety that are generally present in a certain batch, type or category of auto products due to reasons attributable to design, manufacturing or logo labeling.
In these Regulations, the recall refers to the activities where the auto products manufacturers take measures to the auto products that have been sold to eliminate defects.

Article 4 Product quality supervision department of the State Council shall be responsible for the supervision and administration of the recall of the defective auto products across the country.
Relevant departments of the State Council shall be responsible for the supervision and administration of the recall of the defective auto products within the scope of their respective functions and duties.

Article 5 Product quality supervision department of the State Council may, according to the work needs, entrust the relevant product quality supervision departments and export & import commodity inspection institutions of provinces, autonomous regions and municipalities under direct central government to be responsible for the part of the supervision and administration of the recall of defective auto products.
The defective products recall technical office of the product quality supervision department of the State Council shall, in light of the provisions of the product quality supervision department of the State Council, undertake the specific technical work of the recall of the defective auto products.

Article 6 Any unit or individual has the right to submit complaints on the possible defects in auto products to the product quality supervision departments. The product quality supervision department of the State Council shall promulgate the telephone number, E-mail and mailing address for accepting the complaints to the public in a way to facilitate public knowledge.
The product quality supervision department of the State Council shall establish defective auto products recall information management system, and shall collect, analyze and dispose relevant information on the defective auto products.
The product quality supervision departments, the competent auto products administrative departments, the competent commercial departments, customs, the transportation management departments of the public securities organs, the competent transportation departments, the industrial and commercial administrative departments and other relevant departments shall establish information-sharing mechanism in the production, sale, import, registration inspection, repair, consumer complaints and recall of the auto products.

Article 7 The product quality supervision departments and relevant departments, institutions and the staff thereof shall not leak the commercial secrets and personal information which are obtained during their performance of the duties as provided by these Regulations.

Article 8 Manufacturers shall recall all the defective auto products in accordance with the provisions of these Regulations; if the manufacturers fail to recall the defective auto products, the product quality supervision department of the State Council shall order such manufacturers to recall the defective auto products in accordance with the provisions of these Regulations.
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