Rules of Guangzhou Municipality

 on the Management of Motor Vehicle Maintenance

　　Decree of the People’s Government of Guangzhou Municipality

　　No. 212

　　The Rules of Guangzhou Municipality on the Management of Motor Vehicle Maintenance, adopted on November 1, 2024 at the 84th Executive Meeting of the Sixteenth Session of the People's Government of Guangzhou Municipality, is hereby promulgated and shall come into force as of January 1, 2025.

　Mayor: Sun Zhiyang

　　November 11, 2024

　　Rules of Guangzhou Municipality on the Management of Motor Vehicle Maintenance

　　Article 1 In order to maintain order in Guangzhou's motor vehicle maintenance market, ensure the maintenance quality and operational safety of motor vehicles, protect the legitimate rights and interests of all parties involved in motor vehicle maintenance and promote the healthy development of the motor vehicle maintenance industry, these Rules are formulated in accordance with Regulations of the People's Republic of China on Road Transport, Regulations of Guangdong Province on Road Transport, Rules of Guangzhou Municipality on the Prevention and Control of Exhaust Pollution from Motor Vehicles and other relevant laws, rules and regulations and on the basis of the actual conditions of this Municipality.

　　Article 2  These Rules shall apply to motor vehicle maintenance operations and their supervision and management activities within the administrative area of this Municipality.

　　Motor vehicle maintenance operations refer to such activities as maintenance, repair and rescue conducted to maintain or restore the technical conditions and normal functions of motor vehicles, extending their service life.

　　The maintenance of agricultural machinery such as tractors shall be managed by agricultural machinery departments and market supervision departments in accordance with relevant laws, rules and regulations.

　　Article 3  The municipal transportation department is responsible for organizing and leading the management of motor vehicle maintenance in this Municipality, coordinating the improvement of the management system and policies, implementing maintenance and supervision management, and ensuring the implementation of these Rules.

　　The district transportation departments are responsible for the specific implementation of motor vehicle maintenance management within their respective administrative areas.

　　Such departments as those of market regulation, ecological environment, public security, water affairs , fire fighting and emergency management shall fulfill their respective tasks to implement supervision and management of motor vehicle maintenance operations.

　　Article 4  The motor vehicle maintenance and repair trade association shall strengthen industry self-discipline, formulate and implement industry regulations, guide and regulate its members to operate in compliance with the law and in an orderly manner, and carry out such activities as publicity, training, technical promotion, information exchange, consulting services, dispute mediation and credit building.

　　Article 5  Entities engaging in motor vehicle maintenance operations shall complete relevant registration procedures with the market regulation department in accordance with the law, and then file with the district transportation department. They shall submit relevant materials in accordance with national and provincial regulations.

　　The municipal transportation department is responsible for drafting standardized guidelines for filing motor vehicle maintenance operations, specifying essential elements such as the names of the filing items, basis for establishment, acceptance criteria, required materials, processing procedures, service objects, processing time limits, results and fee standards. District transportation departments will also specify service locations, contact information and complaint channels, among other elements. Any updates to the basic elements shall be reviewed by the municipal transportation department.

　　For applications where materials are collected online or can be shared electronically through inter-departmental cooperation, operators shall not be required to submit duplicate materials.

　　Article 6  Upon receiving the filing materials for motor vehicle maintenance operations, if the materials are complete and in proper form, the district transportation department shall file and archive them, assigning a file number. If materials are incomplete or not in proper form, the department shall notify the applicant onsite or in writing within 5 days of receipt, specifying all the required supplements or corrections.

　　Article 7  If a motor vehicle maintenance operator needs to change any operational details or terminate operations, it shall act as follows:

　　(1) If there are changes to the operator's name, legal representative, business scope or business address, the operator shall file the changes with the original transportation department.

　　(2) If the operator intends to terminate operations, it shall notify the original transportation department 30 days prior to termination.

　　If the operator's unified social credit code changes, it shall follow the filing procedures set out in Article 5.

　　Article 8  Operators engaged in the maintenance of vehicles used for transporting hazardous materials shall comply with relevant laws, rules, regulations and technical standards and norms, as well as the following requirements:

　　(1) The dedicated maintenance workshop area shall be sufficient for the production capacity, not less than 200 square meters, with a workshop height not less than 6.5 meters. The workshop shall be equipped with explosion-proof equipment, and instruments for detecting toxic and harmful gases. Maintenance stations or pits shall be equipped with special ventilation devices.

　　(2) The dedicated parking lot shall be not less than 200 square meters, with a solid, level surface and clear boundary markings.

　　(3) A safe distance shall be kept between the dedicated maintenance workshops, parking lots and other facilities, with fire lanes, warning zones, signage and alarm systems as required by regulations.

　　Article 9  Operators engaged in the maintenance of vehicles powered by electricity, gas or other alternative energy sources shall comply with relevant laws, rules, regulations and technical standards and norms.

　　Article 10  Online platforms offering motor vehicle maintenance services shall verify and regularly update the information of registered maintenance operators. These platforms shall regulate platform management, guide registered operators to comply with laws, rules and regulations and maintain order in transactions.

　　Article 11  District transportation departments shall, through such channels as the district government's official website, publish and regularly update the list of registered motor vehicle maintenance operators by category and level, to facilitate public inquiry and supervision.

　　If any organization or individual finds errors in the published list, district transportation departments shall verify and promptly correct the information.

　　Article 12  Motor vehicle maintenance operators shall ensure service transparency as follows:

　　(1) Display the business license and motor vehicle maintenance signage in a prominent location at the business premises;

　　(2) Provide clear and visible pricing, including man-hour quota, man-hour rate and the prices of commonly used parts;

　　(3) Publicize service commitments and the warranty period;

　　(4) Display the phone number of the supervisory department;

　　(5) Publicize the procedures for vehicle reception, maintenance operations, vehicle delivery, complaint handling and compensation;

　　(6) Publicize other service policies closely related to consumer rights and interests.

　　Article 13  Motor vehicle maintenance operators shall comply with environmental protection, workplace safety and urban cleanliness regulations when selecting business premises and carrying out maintenance operations. They shall take necessary measures to ensure workplace safety, prevent environmental pollution and avoid disturbing local residents. Maintenance operations shall not occupy roads, building setbacks, fire lanes or other public spaces.

　　Operators shall conduct maintenance work within the registered business premises, except when providing maintenance rescue services or outsourcing work as required.

　　Article 14 The parts used in motor vehicle maintenance shall meet the relevant product quality standards. The motor vehicle maintenance operator shall clearly label and price original parts, equivalent parts and refurbished parts for the customer to choose from.

　　When providing parts, the motor vehicle maintenance operator shall truthfully inform the customer of the name, origin, specifications and other key information of the parts. If equivalent or refurbished parts are used, they shall meet the required quality standards, and the customer's written consent shall be obtained.

　　If the customer provides parts, the customer shall supply proof of the parts' quality, and such parts shall be recorded in the maintenance contract or invoice. The operator shall verify the quality certification before installing or using customer-supplied parts. Parts without certification or with obvious defects shall not be used.

　　Parts and assemblies removed during maintenance shall be returned to the customer unless the customer explicitly requests the operator to dispose of them.

　　Article 15  Before conducting a diagnostic assessment for vehicle maintenance, an operator shall inform the customer in advance if a diagnostic fee will be charged. The diagnostic assessment can only proceed once both parties have mutually agreed.

　　Article 16  Transportation departments shall incorporate the prevention and control of motor vehicle emissions pollution into their supervision of motor vehicle maintenance, using on-site inspections, review of maintenance records and video surveillance and checks of maintenance equipment to strengthen oversight of maintenance operators. Ecological environment departments shall randomly inspect vehicles that have undergone emission performance maintenance before they are released from the shop.

　　After emission performance maintenance, motor vehicles shall undergo self-inspection or authorized testing to ensure compliance with emission standards before they can be released. Maintenance records shall be kept, and emission control performance shall be included as part of the quality guarantee, with the operator assuming responsibility for maintenance quality during the warranty period.

　　Article 17  Motor vehicle maintenance operators shall implement a warranty period system for their services. The warranty period begins from the date the vehicle is released upon completion of maintenance, with the period being determined by either mileage or time, whichever comes first.

　　The operator's warranty period, whether unilaterally promised or agreed upon with the customer, shall not be shorter than the mileage or time requirements required by laws, rules and regulations. If a vehicle cannot be used normally due to maintenance quality issues within the warranty period, the operator shall provide free rework.

　　Article 18  When the maintenance work is completed and passes quality inspection, the maintenance quality inspector shall issue a completion certificate in accordance with legal requirements, including the vehicle type, engine model and maintenance category. Motor vehicles without a completion certificate shall not be delivered to the customer, and the customer has the right to refuse payment or take delivery.

　　Operators are prohibited from forging, transferring or selling completion certificates, or issuing false certificates.

　　Article 19  Motor vehicle maintenance operators shall not engage in the following behaviors:

　　(1) Fabricating repair reasons to mislead the customer into accepting unnecessary repairs;

　　(2) Charging for services without performing the repairs, or listing fictitious repair items;

　　(3) Charging the customer more than the publicly advertised man-hour quota or rate;

　　(4) Using counterfeit or substandard parts;

　　(5) Performing unauthorized modification of vehicles or accepting vehicles that have been scrapped or are included in the mandatory scrapping list;

　　(6) Assembling vehicles using parts from different sources;

　　(7) Failing to comply with hazardous waste management requirements, including building collection and storage facilities and taking effective pollution control measures;

　　(8) Other behaviors that violate laws, rules or regulations.

　　Article 20  Transportation departments shall strengthen the digitalization of the motor vehicle maintenance industry, utilizing industry information management systems to regularly collect, analyze, organize and update service and management information, and publicly disclose this information.

　　Qualified motor vehicle maintenance operators are encouraged to install video surveillance and other equipment at repair stations to record the entire maintenance process in real-time, ensuring clear and complete documentation.

　　Article 21  Motor vehicle maintenance operators shall keep maintenance records for each vehicle, implement electronic management of these records, and submit relevant data to the transportation departments as required. The maintenance records shall comply with national and provincial regulations.

　　Customers shall have the right to review the maintenance records of their vehicles.

　　Article 22  Motor vehicle maintenance operators shall regularly conduct tiered risk assessments of work safety hazards and, based on the scope of their business, employ qualified staff who meet job requirements. They shall create a work environment and conditions that comply with national occupational health and hygiene standards, provide regular training and education on relevant job knowledge and work safety, and accurately document the training and education.

　　Article 23 Transportation departments shall strengthen the integrity building in the motor vehicle maintenance industry. This includes conducting integrity evaluations based on the registration, management, maintenance quality, work safety and administrative penalties of maintenance operations. The evaluation results, excluding those involving state secrets or commercial secrets, shall be publicly disclosed for public access. The departments shall use these results to optimize the frequency and methods of administrative inspections, implementing a tiered and classified regulatory approach.

　　Article 24  Transportation departments shall establish a mechanism for handling complaints related to the quality of motor vehicle maintenance to ensure accessible channels for complaints. Vehicle owners can file complaints through consumer hotlines, government service hotlines, letters, visits or other means.

　　Transportation departments shall promptly handle complaints and resolve them within 15 days of receipt. With the consent of the parties involved, they may mediate disputes related to maintenance quality in accordance with the law.

　　The motor vehicle maintenance and repair trade association may also mediate maintenance quality disputes at the request of the parties.

　　If an assessment of maintenance quality or parts is necessary to resolve a complaint or dispute, the time required for the assessment will not be counted within the 15-day resolution period mentioned above.

　　Article 25  For violations of these Rules, the relevant laws, rules and regulations, such as Regulations of the People's Republic of China on Road Transport and Regulations of Guangdong Province on Road Transport, which already specify penalties, shall apply.

　　Article 26  If transportation departments or other relevant departments and their staff violate these Rules by abusing their powers, neglecting their duties or engaging in malpractice in the supervision and management of motor vehicle maintenance, the competent departments shall order corrections and impose disciplinary actions on the responsible managers and other directly liable personnel in accordance with the law.

　　Article 27  These Rules shall come into force on January 1, 2025.

　　Disclosure method: Active disclosure

　　Promulgated by the Secretariat of the General Office of the People's Government of Guangzhou Municipality on November 12, 2024