How to export second-hand cars, enterprise declaration conditions, declaration procedures and precautions

In order to promote the healthy and orderly development of China's used car exports, 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 jointly issued the Announcement on Matters Related to the Export of Used Cars (hereinafter referred to as the Announcement) on February 5, 2024, which will come into force on March 1, 2024.

The Announcement has changed from the pilot system to the application system. It carries out the second-hand car export business nationwide, clearly stipulates the conditions and responsibilities for second-hand car export enterprises to apply for second-hand car export business, and lists 10 kinds of situations where the export of second-hand cars is prohibited, so as to provide normative guidance for the export of second-hand cars outside the customs territory of the People's Republic of China.

Used cars refer to the cars (excluding tricycles, low-speed trucks, the same below) and trailers that are traded and whose ownership is transferred from the completion of registration procedures to the time when the national compulsory scrapping standards are met.

A used car export enterprise refers to an enterprise registered in the People's Republic of China and carrying out used car export business activities.

A second-hand car export enterprise applying for second-hand car export business shall meet the following conditions:

1. Registered in the People's Republic of China, with independent legal personality;

2. The enterprise is listed in the Announcement of Road Motor Vehicle Manufacturers and Products issued by the Ministry of Industry and Information Technology;

3. Export the products produced by the enterprise;

4. The enterprise operates legally and in compliance with laws and regulations on production safety, environmental protection, taxation, customs and foreign exchange management, and has no unregulated violations or serious dishonesty.

1. Registered in the People's Republic of China, with independent legal personality;

2. Have a fixed business office and a used car display and sales place, and have automobile sales or trade experience;

3. Have the ability to identify and evaluate used cars, and employ at least 3 identification 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, and has no unregulated violations or serious dishonesty.

The enterprise can log on to the "unified platform of the business system of the Ministry of Commerce" to fill in the application materials and submit them to the local provincial competent commerce department for review. Enterprises whose application materials meet the requirements will pass the review within 15 working days, and can carry out second-hand car export business within one year after the review.

The Announcement changed the original mode of second-hand car export enterprises being selected by the local competent department and then submitted to the Ministry of Commerce for filing to enterprises independently submit applications on the unified platform of the Ministry of Commerce, build a bridge between enterprises and the commercial department, give enterprises more flexibility, and greatly improve the efficiency of application and review.

1. Enterprises that have passed the audit shall apply again next year;

2. If an enterprise exports second-hand cars by way of project contracting, it does not need to declare in advance, but can directly apply for an export license by presenting the enterprise's bid winning documents, foreign contracting project filing form, contract and other relevant certification materials;

3. Enterprises that have been approved to carry out used car export business before the implementation of the Announcement need to complete the declaration and review again according to the requirements of the Announcement within 6 months from the implementation date of the Announcement.

After going through the registration procedures for the transfer of second-hand cars according to law, the approved second-hand car export enterprises apply for export licenses at the enterprise end of the "unified platform of the business system of the Ministry of Commerce" in accordance with the principle of "who exports who applies". The provincial competent department of commerce will issue export licenses to enterprises whose materials meet the application requirements within 3 working days.

The following materials shall be submitted by enterprises to apply for second-hand car export license:

1. Application form for export license.

2. Export contract with legal effect (including after-sales service content).

3. The original or scanned copy of the Motor Vehicle Registration Certificate.

4. The product test report issued by the third party testing agency and the agency's self declaration that there are no unregulated violations of laws and regulations, and no serious dishonesty.

5. The declaration that the export vehicles meet the access standards of the export target market shall be stamped with the official seal of the enterprise.

The Announcement clearly stipulates that the export of second-hand cars under any of the following circumstances is prohibited:

1. Vehicles that meet the scrapping standard specified in the Regulations on Compulsory Scrapping Standards for Motor Vehicles and vehicles with a service life of less than one year (including one year) from the specified scrapping period;

2. Vehicles in the period of mortgage, pledge or customs supervision;

3. Vehicles during the period when they are legally sealed up and detained by supervisory organs, people's courts, people's procuratorates and administrative law enforcement departments;

4. Vehicles obtained through theft, robbery, fraud and other illegal and criminal means;

5. The motor vehicle is inconsistent with the contents recorded in the motor vehicle registration certificate;

6. Vehicles smuggled and illegally assembled (assembled);

7. Vehicles with incomplete legal certificates and vouchers;

8. Vehicles with unqualified test results;

9. Vehicles with road traffic safety violations and traffic accidents not handled completely;

10. Vehicles prohibited from trading and exporting by other laws and regulations.

The Announcement clearly points out that second-hand car export enterprises are the subject of quality traceability responsibility, 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 provisions, and fulfill the obligations of truthfully indicating vehicle mileage, maintenance and other vehicle condition information, and conducting export product testing. Timely provide maintenance technology and spare parts support, and coordinate to solve major problems in overseas quality and after-sales service. Export enterprises are encouraged to provide maintenance records of export vehicles in the "National Automobile Maintenance Electronic Health Record System".

An export enterprise shall not commit any of the following acts:

1. Export the vehicles explicitly prohibited from export in this announcement;

2. Providing false vehicle conditions, failing to perform quality assurance and other obligations, and not accepting the supervision of government departments;

3. Forge, alter or buy or sell the Export License;

4. Forge, alter or use the forged or altered Motor Vehicle Registration Certificate;

5. Submit false materials for vehicle transfer registration, export and cancellation;

6. Failing to apply for export according to the prescribed procedures, or canceling the vehicle within the prescribed time limit;

7. Export products have major quality and safety incidents abroad and have a major adverse impact on China's exports;

8. Other acts in violation of laws and administrative regulations.

For enterprises with the above behaviors, the provincial competent commerce department shall record them in the credit file, and the enterprises suspected of breaking the law shall be investigated for legal responsibility according to law.

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