Implementing Rules of the Administrative Measures for the Recycling of Scrap Vehicles
Implementing Rules of the Administrative Measures for the Recycling of Scrap Vehicles
Implementing Rules of the Administrative Measures for the Recycling of Scrap Vehicles
Order of the Ministry of Commerce of the People's Republic of China, the National Development and Reform Commission of the People's Republic of China, the Ministry of Industry and Information Technology of the People's Republic of China, the Ministry of Public Security of the People's Republic of China, the Ministry of Ecology and Environment of the People's Republic of China, the Ministry of Transport of the People's Republic of China and the State Administration for Market Regulation [2020] No. 2
July 18, 2020
The Implementing Rules of the Administrative Measures for the Recycling of Scrap Vehicles, which were adopted upon deliberation at the 25th ministerial meeting of the current Ministry of Commerce and with the consent of the National Development and Reform Commission, the Ministry of Industry and Information Technology, the Ministry of Public Security, the Ministry of Ecology and Environment, the Ministry of Transport and the State Administration for Market Regulation, are hereby promulgated and shall come into effect as of September 1, 2020.
Zhong Shan, Minister
He Lifeng, Chairman
Miao Wei, Minister
Zhao Kezhi, Minister
Huang Runqiu, Minister
Li Xiaopeng, Minister
Xiao Yaqing, Minister
Implementing Rules of the Administrative Measures for the Recycling of Scrap Vehicles
Chapter I General Provisions
Article 1 These Rules are formulated in accordance with the Administrative Measures for the Recycling of Scrap Vehicles (hereinafter referred to as the "Administrative Measures") issued by the State Council with a view to regulating scrap vehicle recycling and dismantling activities and strengthening the administration of the scrap vehicle recycling and dismantling industry.
Article 2 These Rules shall apply to those engaging in scrap vehicle recycling and dismantling activities within the territory of the People's Republic of China.
Article 3 The State encourages the market-oriented, professional and intensive development of the scrap vehicle recycling and dismantling industry to promote the improvement of the scrap vehicle recycling system and improve recycling efficiency and the service level.
Article 4 The Ministry of Commerce shall be responsible for organizing the supervision and management of scrap vehicle recycling and dismantling throughout China, and such departments as the National Development and Reform Commission, the Ministry of Industry and Information Technology, the Ministry of Public Security, the Ministry of Ecology and Environment, the Ministry of Transport and the State Administration for Market Regulation shall be responsible for the relevant work on the supervision and management of scrap vehicles within the scope of their respective functions and duties.
Article 5 Competent departments of commerce at the provincial level shall be responsible for implementing qualification accreditation of scrap vehicle recycling and dismantling enterprises (hereinafter referred to as "recycling and dismantling enterprises"). Local competent departments of commerce at or above the county level shall supervise and manage scrap vehicle recycling and dismantling activities within their respective administrative regions, thus promoting the sound and orderly development of the industry.
Local public security authorities at or above the county level shall, in light of their respective functions and duties and in accordance with pertinent laws and regulations, supervise and manage the public security situation of the scrap vehicle recycling and dismantling industry as well as activities of trading counterfeit tickets, etc., and legally dispose thereof.
Local competent departments of ecology and environment at or above the county level shall, in light of their respective functions and duties, supervise and manage the prevention and control of environmental pollution caused due to recycling and dismantling activities conducted by recycling and dismantling enterprises to prevent environmental pollution, and dispose thereof in accordance with pertinent laws and regulations.
Local departments of development and reform, industry and information technology, transport as well as those for market regulation at or above the county level shall, within the scope of their respective functions and duties, be responsible for the relevant work on the supervision and management of scrap vehicles within their respective administrative regions.
Article 6 Scrap vehicle recycling and dismantling industry associations, chambers of commerce, etc. shall formulate industry practices, provide information consulting, training and other services, conduct industry monitoring and early warning analysis, and strengthen industry self-regulation.
Chapter II Accreditation and Management of Qualification
Article 7 The State implements the qualification accreditation system for recycling and dismantling enterprises. Without accreditation of qualification, no entity or individual may engage in scrap vehicle recycling and dismantling activities.
The State encourages vehicle manufacturers to engage in scrap vehicle recycling and dismantling activities. Vehicle manufacturers shall assume the manufacturer's responsibilities in accordance with pertinent state regulations and provide recycling and dismantling enterprises with scrap vehicle dismantling instruction manuals and other relevant technical information.
Article 8 Whoever is accredited to obtain the qualification for recycling and dismantling scrap vehicles shall meet the following conditions:
1. it has corporate status;
2. its dismantling business premises meet the master urban planning or the national land space planning at the place where it is located as well as safety requirements without being built in any residential area, commercial area, drinking water source protection area or other environmentally sensitive area;
3. it meets the technical specifications for premises, facilities and equipment, storage and dismantling as set out in the national standards Technical Specifications for Scrap Vehicle Recycling and Dismantling Enterprises (GB22128), as well as corresponding requirements for professional and technical personnel;
4. it meets the requirements of the environmental standards Technical Specifications for Scrap Vehicle Dismantling Environmental Protection (HJ348); and
5. it has an eco-environmental protection system in conformity with state regulations, corresponding pollution prevention and control measures, and a scheme for the proper disposal of solid wastes generated due to dismantling.
Article 9 An enterprise applying for accreditation of qualification (hereinafter referred to as "applicant enterprise") shall file an application in writing with the provincial-level competent department of commerce at the place where its dismantling business premises are located or through the National Automobile Circulation Information Management and Application Service of the Ministry of Commerce, and submit the following written materials:
1. the establishment application report (which shall specify the applicant enterprise's name, legal representative, registered capital, domicile, dismantling premises, unified social credit code, etc.);
2. the applicant enterprise's business license;
3. the applicant enterprise's articles of association;
4. the identity card and other valid identity documents of the applicant enterprise's legal representative;
5. certificates for the land use right and the housing property right in terms of the dismantling business premises, or the land lease contract or land use right lease contract with a tenancy of more than ten years as well as housing lease supporting materials;
6. a list of facilities and equipment used for scrap vehicle dismantling and pollution prevention and control purchased by the applicant enterprise or acquired by means of financial leasing, as well as invoices or financial leasing contracts and other ownership supporting documents;
7. approval documents of construction project-related environmental impact assessment documents issued by the competent department of ecology and environment;
8. a list of senior executives as well as professional and technical personnel of the applicant enterprise; and
9. the applicant enterprise's good dismantling practices, safety procedures and solid waste utilization and disposal scheme.
If the above materials are accessible through the government information system, the competent audit authority may no longer require the provision thereof by the applicant enterprise.
Article 10 A provincial-level competent department of commerce shall examine and verify application materials for the accreditation of qualification received, and accept the application if the materials are complete and conform to the statutory form; otherwise, it shall inform the relevant applicant enterprise of the contents to be supplemented and corrected as required within five working days after receiving the application.
A provincial-level competent department of commerce may entrust the prefectural- (municipal-) level competent department of commerce at the place where the relevant dismantling business premises are located to examine and verify whether the application materials are complete and conform to the statutory form.
Article 11 A provincial-level competent department of commerce shall, after accepting an application for accreditation of qualification, organize the establishment of an expert group to conduct an on-site acceptance review of the relevant applicant enterprise.
The provincial-level competent department of commerce shall establish an expert base composed of professional and technical personnel in relevant fields of scrap vehicle dismantling, eco-environmental protection, finance, etc., the number of which shall not be less than 20.
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Order of the Ministry of Commerce of the People's Republic of China, the National Development and Reform Commission of the People's Republic of China, the Ministry of Industry and Information Technology of the People's Republic of China, the Ministry of Public Security of the People's Republic of China, the Ministry of Ecology and Environment of the People's Republic of China, the Ministry of Transport of the People's Republic of China and the State Administration for Market Regulation [2020] No. 2
July 18, 2020
The Implementing Rules of the Administrative Measures for the Recycling of Scrap Vehicles, which were adopted upon deliberation at the 25th ministerial meeting of the current Ministry of Commerce and with the consent of the National Development and Reform Commission, the Ministry of Industry and Information Technology, the Ministry of Public Security, the Ministry of Ecology and Environment, the Ministry of Transport and the State Administration for Market Regulation, are hereby promulgated and shall come into effect as of September 1, 2020.
Zhong Shan, Minister
He Lifeng, Chairman
Miao Wei, Minister
Zhao Kezhi, Minister
Huang Runqiu, Minister
Li Xiaopeng, Minister
Xiao Yaqing, Minister
Implementing Rules of the Administrative Measures for the Recycling of Scrap Vehicles
Chapter I General Provisions
Article 1 These Rules are formulated in accordance with the Administrative Measures for the Recycling of Scrap Vehicles (hereinafter referred to as the "Administrative Measures") issued by the State Council with a view to regulating scrap vehicle recycling and dismantling activities and strengthening the administration of the scrap vehicle recycling and dismantling industry.
Article 2 These Rules shall apply to those engaging in scrap vehicle recycling and dismantling activities within the territory of the People's Republic of China.
Article 3 The State encourages the market-oriented, professional and intensive development of the scrap vehicle recycling and dismantling industry to promote the improvement of the scrap vehicle recycling system and improve recycling efficiency and the service level.
Article 4 The Ministry of Commerce shall be responsible for organizing the supervision and management of scrap vehicle recycling and dismantling throughout China, and such departments as the National Development and Reform Commission, the Ministry of Industry and Information Technology, the Ministry of Public Security, the Ministry of Ecology and Environment, the Ministry of Transport and the State Administration for Market Regulation shall be responsible for the relevant work on the supervision and management of scrap vehicles within the scope of their respective functions and duties.
Article 5 Competent departments of commerce at the provincial level shall be responsible for implementing qualification accreditation of scrap vehicle recycling and dismantling enterprises (hereinafter referred to as "recycling and dismantling enterprises"). Local competent departments of commerce at or above the county level shall supervise and manage scrap vehicle recycling and dismantling activities within their respective administrative regions, thus promoting the sound and orderly development of the industry.
Local public security authorities at or above the county level shall, in light of their respective functions and duties and in accordance with pertinent laws and regulations, supervise and manage the public security situation of the scrap vehicle recycling and dismantling industry as well as activities of trading counterfeit tickets, etc., and legally dispose thereof.
Local competent departments of ecology and environment at or above the county level shall, in light of their respective functions and duties, supervise and manage the prevention and control of environmental pollution caused due to recycling and dismantling activities conducted by recycling and dismantling enterprises to prevent environmental pollution, and dispose thereof in accordance with pertinent laws and regulations.
Local departments of development and reform, industry and information technology, transport as well as those for market regulation at or above the county level shall, within the scope of their respective functions and duties, be responsible for the relevant work on the supervision and management of scrap vehicles within their respective administrative regions.
Article 6 Scrap vehicle recycling and dismantling industry associations, chambers of commerce, etc. shall formulate industry practices, provide information consulting, training and other services, conduct industry monitoring and early warning analysis, and strengthen industry self-regulation.
Chapter II Accreditation and Management of Qualification
Article 7 The State implements the qualification accreditation system for recycling and dismantling enterprises. Without accreditation of qualification, no entity or individual may engage in scrap vehicle recycling and dismantling activities.
The State encourages vehicle manufacturers to engage in scrap vehicle recycling and dismantling activities. Vehicle manufacturers shall assume the manufacturer's responsibilities in accordance with pertinent state regulations and provide recycling and dismantling enterprises with scrap vehicle dismantling instruction manuals and other relevant technical information.
Article 8 Whoever is accredited to obtain the qualification for recycling and dismantling scrap vehicles shall meet the following conditions:
1. it has corporate status;
2. its dismantling business premises meet the master urban planning or the national land space planning at the place where it is located as well as safety requirements without being built in any residential area, commercial area, drinking water source protection area or other environmentally sensitive area;
3. it meets the technical specifications for premises, facilities and equipment, storage and dismantling as set out in the national standards Technical Specifications for Scrap Vehicle Recycling and Dismantling Enterprises (GB22128), as well as corresponding requirements for professional and technical personnel;
4. it meets the requirements of the environmental standards Technical Specifications for Scrap Vehicle Dismantling Environmental Protection (HJ348); and
5. it has an eco-environmental protection system in conformity with state regulations, corresponding pollution prevention and control measures, and a scheme for the proper disposal of solid wastes generated due to dismantling.
Article 9 An enterprise applying for accreditation of qualification (hereinafter referred to as "applicant enterprise") shall file an application in writing with the provincial-level competent department of commerce at the place where its dismantling business premises are located or through the National Automobile Circulation Information Management and Application Service of the Ministry of Commerce, and submit the following written materials:
1. the establishment application report (which shall specify the applicant enterprise's name, legal representative, registered capital, domicile, dismantling premises, unified social credit code, etc.);
2. the applicant enterprise's business license;
3. the applicant enterprise's articles of association;
4. the identity card and other valid identity documents of the applicant enterprise's legal representative;
5. certificates for the land use right and the housing property right in terms of the dismantling business premises, or the land lease contract or land use right lease contract with a tenancy of more than ten years as well as housing lease supporting materials;
6. a list of facilities and equipment used for scrap vehicle dismantling and pollution prevention and control purchased by the applicant enterprise or acquired by means of financial leasing, as well as invoices or financial leasing contracts and other ownership supporting documents;
7. approval documents of construction project-related environmental impact assessment documents issued by the competent department of ecology and environment;
8. a list of senior executives as well as professional and technical personnel of the applicant enterprise; and
9. the applicant enterprise's good dismantling practices, safety procedures and solid waste utilization and disposal scheme.
If the above materials are accessible through the government information system, the competent audit authority may no longer require the provision thereof by the applicant enterprise.
Article 10 A provincial-level competent department of commerce shall examine and verify application materials for the accreditation of qualification received, and accept the application if the materials are complete and conform to the statutory form; otherwise, it shall inform the relevant applicant enterprise of the contents to be supplemented and corrected as required within five working days after receiving the application.
A provincial-level competent department of commerce may entrust the prefectural- (municipal-) level competent department of commerce at the place where the relevant dismantling business premises are located to examine and verify whether the application materials are complete and conform to the statutory form.
Article 11 A provincial-level competent department of commerce shall, after accepting an application for accreditation of qualification, organize the establishment of an expert group to conduct an on-site acceptance review of the relevant applicant enterprise.
The provincial-level competent department of commerce shall establish an expert base composed of professional and technical personnel in relevant fields of scrap vehicle dismantling, eco-environmental protection, finance, etc., the number of which shall not be less than 20.
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