China News Service, February 7. According to the website of the Ministry of Commerce, in order to promote the healthy and orderly development of my country's used car exports, in accordance with the "Foreign Trade Law of the People's Republic of China", the Road Traffic Safety Law of the People's Republic of China and its implementation regulations, and the "China Customs Law of the People's Republic of China, Regulations of the People's Republic of China on the Administration of Import and Export of Goods, Regulations on the Administration of Motor Vehicle Maintenance and Regulations, and Regulations on Motor Vehicle Registration, jointly issued by the Ministry of Commerce, the Ministry of Industry and Information Technology, the Ministry of Public Security, the Ministry of Transport, and the General Administration of Customs. Requirements and procedures related to the export of second-hand cars have been formulated. The specific announcement is as follows:
1. General principles
Second-hand cars refer to cars (excluding three-wheeled vehicles and low-speed trucks, the same below) and trailers that are traded and ownership is transferred from the time the registration formalities are completed to reaching the national mandatory scrap standards.
Second-hand car export enterprises refer to enterprises registered in the territory of the People's Republic of China and carrying out second-hand car export business activities.
The state implements export license management for second-hand cars. The Ministry of Commerce is responsible for policy formulation, guidance, coordination, supervision and management of used car exports across the country. The Ministry of Industry and Information Technology is responsible for the work related to the "Announcement of Road Motor Vehicle Manufacturers and Products". The Ministry of Public Security guides and supervises the traffic management departments of local public security organs in handling the registration of used cars for export. The Ministry of Transport is responsible for data collection of the automobile maintenance electronic health record system and second-hand car maintenance record query services. The General Administration of Customs is responsible for the guidance, inspection and supervision of used car export customs clearance for all customs offices directly under the Customs. This announcement applies to the export of used cars outside the customs territory of the People's Republic of China.
2. Enterprise application conditions
Second-hand car export companies should abide by national laws and regulations when conducting business activities and strictly perform relevant responsibilities and obligations. Second-hand car export companies that apply to carry out second-hand car export business must meet the following conditions.
(1) Manufacturing enterprises.
1. Registered in the territory of the People's Republic of China and having independent legal personality;
2. The enterprise is listed in the "Announcement of Road Motor Vehicle Manufacturing Enterprises and Products" issued by the Ministry of Industry and Information Technology;
3. Export the products produced by the company;
4. The enterprise operates legally and in compliance with laws and regulations on production safety, environmental protection, taxation, customs and foreign exchange management. There are no violations of laws and regulations that have not been rectified, and there are no serious breaches of trust.
(2) Circulation enterprises.
1. Registered in the territory of the People's Republic of China and having independent legal personality;
2. Have a fixed business office and a used car display and sales place, and have experience in car sales or trade;
3. Have the ability to identify and evaluate second-hand cars and hire at least 3 appraisal and evaluation professionals;
4. The enterprise operates legally and in compliance with laws and regulations on production safety, environmental protection, taxation, customs and foreign exchange management. There are no violations of laws and regulations that have not been rectified, and there are no serious breaches of trust.
3. Enterprise application procedures and materials
(1) The commerce departments of all provinces, autonomous regions, municipalities directly under the Central Government, cities under separate state planning, and Xinjiang Production and Construction Corps (hereinafter referred to as the provincial commerce departments) are responsible for reviewing the application materials of used car export enterprises.
(2) Enterprises can log in to the "Ministry of Commerce Business System Unified Platform" enterprise end to fill in application materials and submit them to the local provincial commerce department for review. Enterprises can carry out second-hand car export business within one year after passing the review, and must apply again the next year.
(3) Provincial-level commerce authorities can log in to the management terminal of the "Unified Platform of the Ministry of Commerce Business System" to review the application materials for enterprises in their respective administrative regions. If the application materials meet the requirements of this announcement, they should be reviewed and approved within 15 working days; if the materials do not meet the requirements, the reasons will be notified once.
(4) Enterprises applying to carry out second-hand car export business must submit the following materials:
1. Application form for carrying out second-hand car export business. Content includes but is not limited to:
(1) Basic information about the enterprise and its investors;
(2) Business operations: including domestic automobile transactions, automobile trade, operating performance, etc.;
(3) Development plan for the second-hand car export business in the next three years; second-hand car export business implementation plan: including domestic procurement of used cars, quality assurance, overseas sales, after-sales service, etc.;
(4) Original/duplicate copy of the enterprise’s legal person business license, customs code, and enterprise’s unified social credit code;
(5) An official letter signed by the legal representative of the enterprise and stamped with the official seal of the enterprise, promising to submit true and valid materials, and a letter of commitment that there will be no uncorrected violations of laws and regulations, and no serious breach of trust.
2. Circulation companies need to submit documents proving the property rights or use rights of the business premises, certificates of the ability of second-hand car appraisal and evaluation professionals and proof of social security payment in the company, documents proving car sales or trade conditions, and company certificates issued by an accounting firm for the previous year. A copy of the financial audit report. Newly registered enterprises must provide the financial statements for the current period and a copy of the financial audit report of the company’s investors for the previous year.
(5) Enterprises that export second-hand cars through project contracting do not need to declare in advance. They can directly apply for an export license with the company's bid-winning documents, foreign contracting project registration forms, contract contracts and other relevant supporting materials.
4. Export license application process
(1) Second-hand car export enterprises that have passed the review can apply for an export license after completing the second-hand car transfer registration procedures in accordance with the law. Second-hand cars that have been cleared for export cannot be returned. Within 2 months after completing the customs export clearance procedures for used cars, apply for deregistration to the public security and transportation management department where the enterprise is located or where the motor vehicle is registered based on the export declaration form and relevant certificates stipulated in laws and regulations.
(2) If an enterprise purchases a motor vehicle and applies for transfer registration, after returning the original motor vehicle license plate and driving license and submitting the motor vehicle for inspection, the public security and transportation management department will endorse the "transfer pending export" matter on the motor vehicle registration certificate and issue a temporary The validity period of the driving license plate and the temporary driving license plate is consistent with the validity period of the compulsory motor vehicle traffic accident liability insurance, but the longest period shall not exceed 60 days. Vehicles that have signed the "Transfer for Export" item on the motor vehicle registration certificate should promptly handle relevant procedures such as application for a second-hand vehicle export license, customs clearance, and deregistration.
(3) Second-hand car export enterprises that have passed the review apply for export licenses on the enterprise side of the "Unified Platform of the Business System of the Ministry of Commerce" in accordance with the principle of "whoever exports shall apply", and other enterprises or individuals cannot apply on their behalf.
(4) The provincial commerce department is the licensing agency and is responsible for the issuance of used car export licenses. Provincial commerce authorities should issue export licenses within 3 working days to enterprises whose materials meet the application requirements. If the materials do not meet the requirements, the reasons will be informed once.
(5) The export license is "one batch, one license". Export companies can apply for up to 20 second-hand cars under the same commodity code on the license application form. The application quantity should be consistent with the actual customs declaration quantity, and customs clearance should be completed at one time. If the quantity declared at one time is less than the amount applied for, you should apply for an export license again.
(6) When applying for an export license, an enterprise can choose paper or paperless operation. If you choose paperless operation, you should apply for an electronic export license certificate according to regulations.
(7) The customs conducts online verification of second-hand car export licenses and handles customs procedures in accordance with regulations. When an enterprise applies to the customs for second-hand car export declaration procedures, it should follow the relevant regulations on customs declaration management and fill in the product name as "old + vehicle brand + displacement + model (such as off-road vehicles, sedans, etc.)".
(8) After the second-hand car has been transferred and is subject to export procedures, it shall not be traded within the country to change the owner. If the export contract cannot be executed due to special circumstances, the enterprise shall coordinate with other importing parties to sign separate export contracts.
5. Export license application materials
Enterprises applying for a second-hand car export license need to submit application materials.
(1) Export license application form. Fill in the Vehicle Identification Number (VIN) in the "VIN Code" column, fill in the name of the second-hand car export company in the "Exporter" and "Shipper" columns, select "Old" in the "Commodity Status" column, and fill in the vehicle brand in the "Specifications and Grades" column and vehicle model. The relevant content is consistent with the "Motor Vehicle Registration Certificate".
(2) A legally binding export contract (including after-sales service content). If the contract is in a foreign language, a Chinese translation shall be provided at the same time, and the Chinese translation shall prevail.
(3) Original or scanned copy of "Motor Vehicle Registration Certificate". The name of the vehicle owner in the "Motor Vehicle Registration Certificate" and the name of the second-hand vehicle export enterprise applying for the license should be consistent.
(4) A product testing report issued by a third-party testing agency and a self-declaration by the agency that it has not rectified any violations of laws or regulations and has not committed any serious breach of trust. The testing standards are "Quality Requirements for Export of Second-hand Passenger Vehicles" (WM/T8-2022) and "Quality Requirements for Export of Second-hand Commercial Vehicles and Trailers" (WM/T9-2022).
(5) A statement that the export vehicle meets the export target market access standards, stamped with the company's official seal.
6. Prohibited Export Situations
Used cars that fall under any of the following conditions are prohibited from export:
(1) Vehicles that meet the scrapping standards stipulated in the "Regulations on Compulsory Scrapping Standards for Motor Vehicles" and vehicles that are within one year (including one year) of the specified scrapping period;
(2) Vehicles that are under mortgage, pledge or under customs supervision;
(3) Vehicles that are seized or detained by supervisory authorities, people's courts, people's procuratorates, and administrative law enforcement departments in accordance with the law;
(4) Vehicles obtained through illegal and criminal means such as theft, robbery, fraud;
(5) The contents recorded on the motor vehicle and the motor vehicle registration certificate are inconsistent;
(6) Smuggled or illegally assembled (assembled) vehicles;
(7) Vehicles with incomplete legal certificates and certificates;
(8) Vehicles with unqualified test results;
(9) Vehicles with road traffic safety violations and traffic accidents that have not been resolved;
(10) Vehicles whose trading and export are prohibited by other laws and regulations.
7. Responsibilities and requirements
In the export of second-hand cars, provincial commerce departments, industry and information technology departments, public security and traffic management departments, transportation departments, customs, export enterprises, and inspection and testing agencies should all bear corresponding responsibilities.
(1) Responsibilities of provincial commerce authorities.
Provincial commerce authorities should establish a special working mechanism to review second-hand car export companies and issue second-hand car export licenses, strengthen supervision, and effectively prevent and control various risks. Establish a credit record system to record the untrustworthy behavior of export enterprises in credit files. If an enterprise within the administrative region is found to have dishonesty, it should promptly report it to the Ministry of Commerce and the relevant competent departments of industry and information technology, public security, transportation, customs, etc.
(2) Responsibilities of the industrial and information technology departments.
The industry and information technology departments should perform the functions of road motor vehicle manufacturing enterprises and product access management, and do a good job in the access and supervision of road motor vehicle manufacturing enterprises and products.
(3) Responsibilities of the public security and traffic management departments.
The public security and transportation management department should handle the transfer and deregistration procedures for exported used cars in accordance with the law, and promptly report to the commerce department any enterprises found to have violated laws and regulations.
(4) Responsibilities of the transportation department.
The Ministry of Transport directs relevant technical support units to provide maintenance record data query services for export vehicles to second-hand car export companies that have been registered with the commerce department through the vehicle maintenance electronic health record system.
(5) Customs responsibility.
If the customs finds that an enterprise is exporting vehicles that are explicitly prohibited from exporting in this announcement, it should promptly notify relevant departments such as commerce and public security.
(6) Responsibility of export enterprises.
Second-hand car export companies are responsible for quality traceability and must strictly abide by the "Foreign Trade Law of the People's Republic of China" and the "Regulations of the People's Republic of China on the Administration of Import and Export of Goods" and other relevant regulations, truthfully state vehicle mileage, maintenance status and other vehicle condition information before exporting Product testing and other obligations. Maintenance technology and spare parts support should be provided in a timely manner, and major issues in overseas quality and after-sales service should be coordinated and resolved. Export enterprises are encouraged to provide maintenance records of export vehicles in the "National Automobile Maintenance Electronic Health Record System".
The following behaviors are not allowed:
1. Export of vehicles expressly prohibited by this announcement;
2. Provide false vehicle conditions, fail to perform quality assurance and other obligations, and do not accept supervision by government departments;
3. Forge, alter or trade "Export License";
4. Forge, alter or use a forged or altered Motor Vehicle Registration Certificate;
5. Submit false materials to handle vehicle transfer registration, export and cancellation;
6. Failure to apply for export according to the prescribed procedures and fail to cancel the vehicle within the prescribed time limit;
7. Export products have major quality and safety incidents abroad and have a major adverse impact on my country's exports;
8. Other violations of laws and administrative regulations.
Enterprises that engage in the above-mentioned behaviors will be included in the credit files of the provincial commerce authorities, and enterprises suspected of violating the law will be held accountable in accordance with the law.
(7) Responsibilities of inspection and testing agencies.
Inspection and testing institutions should issue objective, fair, scientific, accurate, true and effective test reports in accordance with relevant standards.
8. Supplementary Provisions
This announcement will come into effect on March 1, 2024. Relevant provincial commerce authorities should guide local enterprises that have been approved to carry out second-hand car export business before the announcement is issued, to complete the application and review again in accordance with the conditions and procedures required by the announcement within 6 months from the date of implementation. "Notice of the General Office of the Ministry of Commerce on Matters Concerning the Application for Second-hand Car Export Licenses" (Commercial Affairs Bureau [2019] No. 854), "The General Office of the Ministry of Commerce and the General Administration of Customs on Paperless Application for Second-hand Car Export Licenses" Notice on matters related to the operation” (Shangbanmaohan [2019] No. 297) and “Notice of the General Office of the Ministry of Commerce and the General Office of the Ministry of Public Security and the General Administration of Customs on matters related to accelerating the export of second-hand cars” (Shangbanmaohan [2019] No. If the relevant provisions in 2019〕No. 335) are inconsistent with this announcement, this announcement shall prevail.
Attachment: Used car product catalog