The Regulations on the Recall Management of Defective Automobile Products is formulated to standardize the recall of defective automobile products, strengthen supervision and management, and ensure personal and property safety.
On October 22, 2012, the State Council of the People's Republic of China promulgated the Regulations on the Administration of Recall of Defective Automotive Products (Order No. 626), which came into force on January 1, 2013.[5]
Chinese name
Regulations on the Administration of Recall of Defective Automobile Products
Date of issue
October 22, 2012
Implementation time
January 1, 2013
Passing time
October 10, 2012[5]
Release number
Decree No. 626 of the State Council of the People's Republic of China[5]
On March 2, 2019, Premier Li Keqiang signed Decree No. 709 of the State Council of the People's Republic of China, promulgating the Decision of the State Council on Amending Some Administrative Regulations.
Delete the "import and export commodity inspection institutions" in the first paragraph of Article 5 of the Regulations on the Administration of Recall of Defective Automobile Products.
Delete the "administrative department for industry and commerce" in the third paragraph of Article 6.[2]
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Decree of the State Council of the People's Republic of China
Sectionsix hundred and twenty-sixnumber
The Regulations on the Administration of Recall of Defective Auto Products, which was 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
October 22, 2012
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Regulations on the Administration of Recall of Defective Automobile Products
Article 1These Regulations are formulated in order to standardize the recall of defective automobile products, strengthen supervision and management, and ensure personal and property safety.
Article 2These Regulations shall apply to the recall, supervision and administration of automobiles and automobile trailers (hereinafter referred to as automobile products) produced and sold in China.
Article 3The defect mentioned in these Regulations refers to the situation that generally exists in the same batch, model or category of automotive products due to design, manufacturing, labeling and other reasons, which does not meet the national standards and industrial standards for safeguarding personal and property safety, or other unreasonable dangers endangering personal and property safety.
The term "recall" as mentioned in these Regulations refers to the activities of auto product manufacturers to take measures to eliminate defects in their sold auto products.
Article 4The product quality supervision department of the State Council is responsible for the supervision and administration of the recall of defective automobile products nationwide.
The relevant departments of the State Council shall be responsible for the supervision and administration of the recall of defective automobile products within their respective responsibilities.
Article 5The product quality supervision department under the State Council may, according to work needs, entrust the product quality supervision department of the people's government of the province, autonomous region or municipality directly under the Central Government to be responsible for part of the supervision and administration of defective automobile product recalls.
The technical institution for defective product recall of the product quality supervision department under the State Council shall undertake the specific technical work of defective automobile product recall in accordance with the provisions of the product quality supervision department under the State Council.
Article 6Any unit or individual has the right to complain to the product quality supervision department about the possible defects of automobile products. The product quality supervision department under the State Council shall publish the telephone number, e-mail address and mailing address of complaints to the public in a way that is convenient for the public to know.
The product quality supervision department under the State Council shall establish a recall information management system for defective automotive products, collect, summarize, analyze and deal with information about defective automotive products.
The product quality supervision department, the competent department of automobile products, the competent commercial department, the customs, the traffic management department of the public security organ, the competent transportation department and other relevant departments shall establish a sharing mechanism for the production, sales, import, registration, inspection, maintenance, consumer complaints, recall and other information of automobile products.
Article 7The product quality supervision department, relevant departments, institutions and their staff members shall not disclose the trade secrets and personal information they know when performing their duties under these Regulations.
Article 8The manufacturer shall recall all defective automobile products in accordance with these Regulations;If the producer fails to implement the recall, the product quality supervision department under the State Council shall order it to recall in accordance with these Regulations.
The producer referred to in these Regulations refers to an enterprise established in China according to law to produce automobile products and issue product quality certificates in its name.
Enterprises that import automobile products from outside China to sell within China are regarded as the producers mentioned in the preceding paragraph.
Article 9The manufacturer shall establish and keep information records on the design, manufacturing, identification, inspection and other aspects of automobile products, as well as the owner information records of the first sale of automobile products, for a period of not less than 10 years.
Article 10The producer shall report the following information to the product quality supervision department under the State Council for the record:
（1） Basic information of producers;
（2） Technical parameters of automobile products and owner information of automobile products sold for the first time;
（3） Information about repair, replacement and return due to the existence of faults endangering personal and property safety of automobile products;
（4） Information about the recall of automobile products outside China;
（5） Other information required to be filed by the product quality supervision department under the State Council.
Article 11Operators who sell, lease or repair automotive products (hereinafter referred to as "operators") shall establish and keep records of information related to automotive products in accordance with the provisions of the product quality supervision department under the State Council, and the retention period shall not be less than 5 years.
The business operator shall immediately stop selling, leasing and using the defective auto products when it is informed that the auto products are defective, and assist the manufacturer in recalling them.
The business operator shall report to the product quality supervision department under the State Council and inform the producer of the information about possible defects of automobile products.
Article 12If the manufacturer knows that there may be defects in automobile products, it shall immediately organize investigation and analysis, and truthfully report the results of investigation and analysis to the product quality supervision department under the State Council.
If the manufacturer confirms that the automobile products have defects, it shall immediately stop producing, selling and importing the defective automobile products and recall them.
Article 13If the product quality supervision department under the State Council is informed of possible defects in automotive products, it shall immediately notify the manufacturer to carry out investigation and analysis;If the producer fails to carry out investigation and analysis according to the notice, the product quality supervision department under the State Council shall carry out defect investigation.
If the product quality supervision department under the State Council considers that the automobile products may have defects that may cause serious consequences, it may directly carry out defect investigation.
Article 14The product quality supervision department under the State Council carries out defect investigation, may enter the production and business premises of producers and business operators for on-site investigation, consult and copy relevant data and records, and learn about possible defects of automobile products from relevant units and individuals.
The producer shall cooperate with the defect investigation and provide the relevant data, products and special equipment needed for the investigation.The business operators shall cooperate with the defect investigation and provide the relevant materials needed for the investigation.
The product quality supervision department under the State Council shall not use the data, products and special equipment provided by producers and business operators for purposes other than technical testing and appraisal required for defect investigation.
Article 15If the product quality supervision department under the State Council considers that the automobile product has defects after investigation, it shall notify the manufacturer to recall it.
If the manufacturer believes that its auto products are free of defects, it may raise an objection to the product quality supervision department under the State Council within 15 working days from the date of receiving the notice, and provide supporting materials.The product quality supervision department under the State Council shall organize experts who have no interest relationship with the manufacturer to demonstrate the certification materials, and when necessary, carry out technical testing or appraisal of automobile products.
If the manufacturer neither implements the recall in accordance with the notice nor raises an objection within the time limit specified in the second paragraph of this Article, or the product quality supervision department under the State Council organizes demonstration, technical testing, and appraisal in accordance with the second paragraph of this Article to confirm that the automobile product has defects, the product quality supervision department under the State Council shall order the manufacturer to implement the recall;The manufacturer shall immediately stop producing, selling and importing defective automobile products and recall them.
Article 16When recalling, the producer shall formulate a recall plan in accordance with the provisions of the product quality supervision department under the State Council and report it to the product quality supervision department under the State Council for the record.The modification of the recall plan that has been filed shall be filed again.
The producer shall implement the recall according to the recall plan.
Article 17The manufacturer shall simultaneously notify the seller of the recall plan submitted to the product quality supervision department under the State Council for the record, and the seller shall stop selling defective automobile products.
Article 18When recalling, the manufacturer shall release information in a way that is easy for the public to know, informing the owner of the defects of the automobile products, the emergency disposal methods to avoid damage, and the measures taken by the manufacturer to eliminate the defects.
The product quality supervision department of the State Council shall timely publish the information of the confirmed defective automobile products and the relevant information of the recall implemented by the manufacturer to the public.
The vehicle owner shall cooperate with the manufacturer to implement the recall.
Article 19For the defective automobile products recalled, the manufacturer shall timely take measures such as correcting or supplementing the marks, repairing, replacing, and returning goods to eliminate the defects.
The manufacturer shall bear the cost of eliminating defects and the necessary cost of transporting defective automobile products.
Article 20Producers shall submit periodic recall reports and summary recall reports in accordance with the provisions of the product quality supervision department under the State Council.
Article 21The product quality supervision department under the State Council shall supervise the implementation of the recall and organize experts who have no interest in the producers to evaluate the effect of the producers in eliminating defects.
Article 22Where a producer violates the provisions of these Regulations and has one of the following circumstances, the product quality supervision department shall order it to make corrections;Those who refuse to make corrections shall be fined not less than 50000 yuan but not more than 200000 yuan:
（1） Failing to keep the information records of automobile products and owners as required;
（2） Failing to record relevant information and recall plan as required;
（3） Failure to submit relevant recall report as required.
Article 23In case of any of the following circumstances in violation of the provisions of these Regulations, the product quality supervision department shall order correction;If it refuses to make corrections, it shall be fined not less than 500000 yuan but not more than 1 million yuan;The illegal gains, if any, shall be confiscated;If the circumstances are serious, the licensing authority shall revoke the relevant license:
（1） The producers and business operators do not cooperate with the product quality supervision department in defect investigation;
（2） The manufacturer fails to implement the recall according to the recorded recall plan;
（3） The manufacturer did not inform the seller of the recall plan.
Article 24If a producer violates the provisions of these Regulations and has one of the following circumstances, the product quality supervision department shall order it to make corrections and impose a fine of more than 1% but less than 10% of the value of the defective automobile product;The illegal gains, if any, shall be confiscated;If the circumstances are serious, the licensing authority shall revoke the relevant license:
（1） Failing to stop the production, sale or import of defective automobile products;
（2） Concealing defects;
（3） Refuse to recall after being ordered to do so.
Article 25In violation of the provisions of these Regulations, the personnel engaged in the supervision and administration of the recall of defective automobile products shall be punished according to law if they commit one of the following acts:
（1） Use the data, products and special equipment provided by producers and business operators for purposes other than technical detection and identification required for defect investigation;
（2） Disclose the business secrets or personal information of the parties;
（3） Other acts of dereliction of duty, malpractice for personal gain, and abuse of power.
Article 26Those who violate the provisions of these Regulations and constitute a crime shall be investigated for criminal responsibility according to law.
Article 27The manufacturer of tires shall be responsible for recalling the defective tires that are not equipped with the vehicle when the automobile products leave the factory.The specific measures shall be formulated by the product quality supervision department of the State Council with reference to these Regulations.
Article 28The recall of defective automobile products by the manufacturer in accordance with these Regulations shall not exempt the producer from his legal responsibilities.
If an automobile product has quality problems other than those specified in these Regulations, the owner has the right to require the manufacturer and seller to bear corresponding legal liabilities for repair, replacement, return of goods, compensation for losses, etc. in accordance with the Product Quality Law, the Law on the Protection of Consumers' Rights and Interests and other laws, administrative regulations, relevant provisions of the state, and contractual agreements.
Article 29These Regulations shall come into force as of January 1, 2013.[1-2]
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On October 22, 2012, Premier Wen Jiabao of the State Council signed an order of the State Council, promulgating the Regulations on the Administration of the Recall of Defective Automotive Products, which came into force on January 1, 2013.Recently, the Legislative Affairs Office of the State CouncilGeneral Administration of Quality Supervision, Inspection and QuarantineThe person in charge answered the reporter's questions about the Regulations on the Recall of Defective Automobile Products.
Q: Why did you issue the Regulations on the Recall of Defective Automobile Products
A: In March 2004, the AQSIQ and other four departments released《Regulations on Recall Management of Defective Automobile Products》China began to implement defective automobile productsRecall System 。By the end of 2011, a total of 419 recalls had been carried out, with a total of 6.211 million defective automobile products recalled, which played an important role in ensuring the safety of automobile products and urging manufacturers to attach great importance to and continuously improve the quality of automobile products.At the same time, in practice, the management regulations also need to be further improved in terms of recall procedures and regulatory measures. In particular, the management regulations, as departmental regulations, are limited by the low level of legislation, and the punishment for illegal acts such as concealing the defects of automobile products and not implementing recalls is too low (up to a fine of 30000 yuan). The deterrent force is obviously insufficient, affecting the effective implementation of the recall system.Therefore, on the basis of earnestly summarizing practical experience, the department rules will be upgraded to administrative regulations to further strengthen and improve defective automobiles in ChinaProduct recall It is necessary to manage and ensure the safety of automobile products.
Q: Under what circumstances should automobile products be recalled
Answer: The defect of batch automobile products is the legal reason for the recall of automobile products. The so-called defect refers to the situation that generally exists in the same batch, model or category of automobile products due to design, manufacturing, labeling and other reasons, which does not meet the national standards and industrial standards to ensure personal and property safety, or other situations that endanger human lifeUnreasonable danger of property safety.The manufacturer is responsible for the quality of the automobile products it manufactures.Specifically, the manufacturer is responsible for recalling the defective automobile products manufactured and sold in China, and the importer is responsible for recalling the defective imported automobile products.
For quality problems of automobile products other than "defects", the manufacturer and seller shallproduct quality law, Consumer Rights Protection Law and other laws, administrative regulations, relevant national regulations and contractual agreements, bear the corresponding legal liabilities for repair, replacement, return, compensation for losses, etc.
Q: Regulations on defective carsProduct recall What are the provisions of the procedure
Answer: Whether the recall procedure is clear and specific, whether it is targeted and operable is the premise to ensure that the producer fulfills the recall responsibility.In this regard, the regulations stipulate the following three aspects:
First, the recall initiation procedure was clarified.If the manufacturer knows that there may be defects in automobile products, it shall immediately organize investigation and analysis. If it is confirmed that there are defects in automobile products, it shall immediately stop producing, selling and importing defective automobile products, and implement recall;If the product quality supervision department under the State Council believes that the automobile products have defects after defect investigation, it shall also notify the manufacturer to recall them.If the manufacturer believes that its automobile products are free from defects, it may raise an objection to the product quality supervision department under the State Council within the prescribed time limit, and the product quality supervision department under the State Council shall organize relevant experts to conduct demonstration, technical testing or appraisal.If the producer neither implements the recall according to the notice nor raises an objection within the specified time limit, or if the product quality supervision department under the State Council organizes demonstration, technical testing or identification to confirm that the automobile product has defects, the product quality supervision department under the State Council shall order the producer to implement the recall, and the producer shall immediately stop producing, selling and importing defective automobile products,And implement recall.
Second, the recall implementation procedures are specified.When recalling, the producer shall formulate a recall plan in accordance with the provisions of the product quality supervision department under the State Council, and implement the recall in accordance with the recall plan.For the defective automobile products recalled, the manufacturer shall timely take measures such as correcting or supplementing the marks, repairing, replacing, and returning goods to eliminate the defects.The product quality supervision department under the State Council shall supervise the implementation of the recall and organize experts who have no interest in the producers to evaluate the effect of the producers in eliminating defects.
Third, the recall reporting procedure is stipulated.Producers shall submit periodic recall reports and summary recall reports in accordance with the provisions of the product quality supervision department under the State Council.
Q: What punishment measures are stipulated in the regulations for illegal acts
Answer: The regulations set strict legal responsibilities for the illegal acts of manufacturers recalling defective automobile products. While increasing the amount of fines, they also increased penalties such as revoking administrative licenses.In particular, for serious illegal acts such as producers' failure to stop producing, selling or importing defective auto products, concealing defects, refusing to recall, the regulations stipulate that producers should be punished with defective auto productsValue amountA fine of more than 1% but less than 10%;If there are illegal gainsConfiscation of illegal income；If the circumstances are serious, the licensing authority shall revoke the relevant license.Such provisions can effectively urge producers to fulfill the recall responsibility of defective automobile products.[3]
Answer the reporter's question
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On October 22, 2012, Premier Wen Jiabao of the State Council signed an order of the State Council, promulgating the Regulations on the Administration of the Recall of Defective Automotive Products, which came into force on January 1, 2013.A few days ago, the head of the Legislative Affairs Office of the State Council and the General Administration of Quality Supervision, Inspection and Quarantine answered questions from reporters about the Regulations on the Administration of Recall of Defective Automobile Products.
Q: Why did you issue the Regulations on the Recall Management of Defective Automobile Products
A: In March 2004, four departments including the General Administration of Quality Supervision, Inspection and Quarantine of the People's Republic of China issued the Regulations on the Recall Management of Defective Automobile Products, and China began to implement the recall system of defective automobile products.By the end of 2011, a total of 419 recalls had been carried out, with a total of 6.211 million defective automobile products recalled, which played an important role in ensuring the safety of automobile products and urging manufacturers to attach great importance to and continuously improve the quality of automobile products.At the same time, in practice, the management regulations also need to be further improved in terms of recall procedures and regulatory measures. In particular, the management regulations, as departmental regulations, are limited by the low level of legislation, and the punishment for illegal acts such as concealing the defects of automobile products and not implementing recalls is too low (up to a fine of 30000 yuan). The deterrent force is obviously insufficient, affecting the effective implementation of the recall system.Therefore, on the basis of earnestly summarizing practical experience, it is necessary to upgrade departmental rules to administrative regulations, further strengthen and improve the recall management of defective automobile products in China, and ensure the use safety of automobile products.
Q: Under what circumstances should automobile products be recalled
Answer: The defect of batch automobile products is the legal reason for the recall of automobile products. The so-called defect refers to the situation that generally exists in the same batch, model or category of automobile products due to design, manufacturing, labeling and other reasons, and does not meet the national standards and industrial standards to ensure personal and property safety, or other situations that endanger human lifeUnreasonable danger of property safety.The manufacturer is responsible for the quality of the automobile products it manufactures.Specifically, the manufacturer is responsible for recalling the defective automobile products manufactured and sold in China, and the importer is responsible for recalling the defective imported automobile products.
For the quality problems of automobile products other than "defects", the producers and sellers shall bear the corresponding legal responsibilities for repair, replacement, return of goods, compensation for losses, etc. in accordance with the Product Quality Law, the Law on the Protection of Consumers' Rights and Interests and other laws, administrative regulations, the relevant provisions of the state and the contract.
Q: What are the regulations on the recall procedure of defective automobile products
Answer: Whether the recall procedure is clear and specific, whether it is targeted and operable is the premise to ensure that the producer fulfills the recall responsibility.In this regard, the regulations stipulate the following three aspects:
First, the recall initiation procedure was clarified.If the manufacturer knows that there may be defects in automobile products, it shall immediately organize investigation and analysis. If it is confirmed that there are defects in automobile products, it shall immediately stop producing, selling and importing defective automobile products, and implement recall;If the product quality supervision department under the State Council believes that the automobile products have defects after defect investigation, it shall also notify the manufacturer to recall them.If the manufacturer believes that its automobile products are free from defects, it may raise an objection to the product quality supervision department under the State Council within the prescribed time limit, and the product quality supervision department under the State Council shall organize relevant experts to conduct demonstration, technical testing or appraisal.If the producer neither implements the recall according to the notice nor raises an objection within the specified time limit, or if the product quality supervision department under the State Council organizes demonstration, technical testing or identification to confirm that the automobile product has defects, the product quality supervision department under the State Council shall order the producer to implement the recall, and the producer shall immediately stop producing, selling and importing defective automobile products,And implement recall.
Second, the recall implementation procedures are specified.When recalling, the producer shall formulate a recall plan in accordance with the provisions of the product quality supervision department under the State Council, and implement the recall in accordance with the recall plan.For the defective automobile products recalled, the manufacturer shall timely take measures such as correcting or supplementing the marks, repairing, replacing, and returning goods to eliminate the defects.The product quality supervision department under the State Council shall supervise the implementation of the recall and organize experts who have no interest in the producers to evaluate the effect of the producers in eliminating defects.
Third, the recall reporting procedure is stipulated.Producers shall submit periodic recall reports and summary recall reports in accordance with the provisions of the product quality supervision department under the State Council.
Q: What punishment measures are stipulated in the regulations for illegal acts
Answer: The regulations set strict legal responsibilities for the illegal acts of manufacturers recalling defective automobile products. While increasing the amount of fines, they also increased penalties such as revoking administrative licenses.In particular, for serious violations such as producers' failure to stop producing, selling or importing defective automotive products, concealing defects, and refusing to recall, the regulations stipulate that producers should be fined more than 1% but less than 10% of the value of defective automotive products;The illegal gains, if any, shall be confiscated;If the circumstances are serious, the licensing authority shall revoke the relevant license.Such provisions can effectively urge producers to fulfill the recall responsibility of defective automobile products.[4]
