Chapter 1 General Provisions Article 1 In order to regulate the sales behavior of automobile brands, promote the healthy development of the automobile market, and protect the legitimate rights and interests of consumers, these Measures are formulated in accordance with relevant national laws and administrative regulations. Article 2 These Measures shall apply to automobile brand sales activities within the territory of the People’s Republic of China. Article 3 The term "automobile brand sales" as mentioned in these Measures refers to the behavior of automobile suppliers or their authorized automobile brand dealers using unified store names, logos, trademarks, etc. to engage in automobile business activities.

Automobile suppliers refer to enterprises that provide automobile resources to automobile brand dealers, including automobile manufacturers and automobile general dealers.

Automobile brand dealers refer to enterprises authorized by automobile suppliers to engage in automobile sales and service activities according to automobile brand sales methods.

Automobile general dealers refer to enterprises authorized by domestic and foreign automobile manufacturers to establish automobile brand sales and service networks in the country and engage in automobile distribution activities. Article 4 Domestic and foreign automobile manufacturers that sell self-produced automobiles within the country shall establish a complete automobile brand sales and service system and improve marketing and service levels. Article 5 Automobile suppliers shall formulate automobile brand sales and service network plans (hereinafter referred to as network plans). Network planning includes: business forecast, outlet layout plan, network construction progress and store construction, software and hardware, after-sales service standards, etc. Article 6: Network planning for the same automobile brand is generally formulated and implemented by a domestic enterprise. Domestic automobile manufacturers can directly formulate and implement network plans, or authorize domestic automobile general dealers to formulate and implement network plans; overseas automobile manufacturers that sell automobiles in the country must authorize domestic enterprises or establish enterprises in the country in accordance with relevant national regulations. Automobile general dealers, formulate and implement network plans. Article 7 The commerce department of the State Council is responsible for the sales management of automobile brands nationwide, and the administrative department for industry and commerce of the State Council is responsible for the supervision and management of automobile brand sales within the scope of its duties.

The commerce departments of provinces, autonomous regions, municipalities directly under the Central Government, and cities under separate state planning (hereinafter referred to as the provincial commerce departments) and local industrial and commercial administration departments are responsible for the supervision of automobile brand sales within their respective jurisdictions. management work. Chapter 2 Establishment of Automobile General Dealers and Brand Dealers Article 8 Automobile general dealers shall meet the following conditions:

1. Have corporate legal person qualifications; 2. Obtain the qualification of an automobile manufacturing enterprise With written authorization, it has the sole right to distribute specific brands of cars;

3. Possess professional car marketing capabilities. It mainly includes market research, marketing planning, advertising and promotion, network construction and guidance, product services and technical training and consulting, parts supply and logistics management.

In addition to meeting the above conditions, foreign investment in establishing automobile general dealers must also comply with relevant regulations on foreign investment management. Article 9 Automobile brand dealers shall meet the following conditions:

1. Have corporate legal person qualifications;

2. Obtain authorization to sell brand automobiles from the automobile supplier;

3. The store names, logos and trademarks used are consistent with those authorized by the automobile supplier;

4. Have the premises, facilities and professional and technical personnel suitable for the scope and scale of the business;

5. Newly opened stores comply with relevant regulations on local urban development and urban commercial development.

In addition to meeting the above conditions, foreign investment in establishing automobile brand dealers must also comply with relevant regulations on foreign investment management. Article 10 Applications for the establishment of automobile general dealers and brand dealers shall be handled in accordance with the following procedures:

An automobile general dealer applicant shall submit relevant materials that comply with the provisions of Article 8 to the industrial and commercial administration department of the State Council for filing. ;

Second, automobile suppliers shall submit relevant materials of applicants for automobile brand dealers that comply with the provisions of Article 9 to the administrative department for industry and commerce of the State Council for filing;

Three, foreign investors shall establish automobile headquarters Applicants for dealers and brand dealers shall submit relevant materials that comply with the provisions of Articles 8 and 9 and the relevant provisions on foreign investment management to the provincial commerce department in the place where the general automobile dealer or brand dealer is to be established. After a preliminary review of the submitted materials, the provincial commerce department will report all application materials to the commerce department of the State Council within one month from receipt. If the Chinese party to the joint venture has an enterprise group listed separately in the national plan, the application materials can be submitted directly to the commerce department of the State Council.

The commerce department of the State Council shall, together with the industrial and commercial administration department of the State Council, make a decision on whether to approve the application within 3 months after receiving all application materials. If approved, a "Foreign-invested Enterprise Approval Certificate" will be issued or renewed to the applicant; if not, If approved, the reasons shall be stated.

Foreign mergers and acquisitions of automobile general dealers, brand dealers and established foreign-invested enterprises to increase the scope of automobile brand sales operations shall be handled in accordance with the procedures in the preceding paragraph. Article 11 The commerce department and the industrial and commercial administration department of the State Council may entrust the automobile industry association to organize an expert committee to evaluate the qualifications of applying for the establishment of automobile general dealers and brand dealers, and the evaluation opinions shall be used as a reference for approval and filing. Article 12 After accepting the application, the industrial and commercial administration department of the State Council shall inspect the relevant supporting materials and, if the conditions are met, shall be filed. Article 13 Applicants for automobile general dealers and brand dealers shall go to the local industrial and commercial administrative department to handle registration procedures with the filing documents or the "Foreign-invested Enterprise Approval Certificate".

The industrial and commercial administration department has determined the business scope of automobile general dealers and brand dealers as "branded automobile sales."