(Issued on June 17, 2009 in accordance with Decree No. 19 of the People’s Government of Guangzhou Municipality, amended for the first time on September 30, 2015 in accordance with Decree No. 132 of the People’s Government of Guangzhou Municipality and amended for the second time on February 13, 2018 in accordance with Decree No. 158 of the People’s Government of Guangzhou Municipality)

　　Chapter I General Provisions

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

　　Article 2 For those who engage in motor vehicle maintenance operations within the administrative area of this Municipality, and for supervision and management of motor vehicle maintenance operations, these Rules shall be followed.

　　The motor vehicle maintenance operations herein include motor vehicle maintenance (including body cleaning and maintenance), repairs and other related operations.

　　The maintenance and operation of such agricultural machinery as tractors shall be managed by agricultural machinery authorities in accordance with relevant laws and regulations.

　　Article 3 Municipal and district transportation authorities are responsible for organizing and leading the management of motor vehicle maintenance within their respective administrative regions, planning the development of the industry, and establishing and improving the management system.

　　Municipal and district road transport authorities shall be responsible for the specific implementation of motor vehicle maintenance management within their respective administrative regions in accordance with these Rules.

　　Article 4 The authorities in charge of industry and commerce, environmental protection, public security, water affairs, safety supervision and quality supervision, etc. shall supervise and manage motor vehicle maintenance operations ex officio:

　　(1) The administrations for industry and commerce are responsible for the supervision and management of the business licenses for motor vehicle maintenance operations;

　　(2) The environmental protection authorities are responsible for the supervision and management of environmental protection of motor vehicle maintenance operations;

　　(3) The public security organs are responsible for the supervision and management of fire safety and public security of motor vehicle maintenance operations;

　　(4) The water affairs authorities are responsible for the drainage management of motor vehicle maintenance operations;

　　(5) The work safety administrations are responsible for guiding, coordinating and supervising the work safety management of motor vehicle maintenance operations;

　　(6) The quality and technology supervision authorities are responsible for organizing the verification or calibration of measuring instruments for maintenance and testing according to law.

　　Chapter II Operation Licensing

　　Article 5 The business premises, equipment, facilities, technical personnel, management systems and environmental protection measures related to motor vehicle maintenance operations shall comply with the requirements of the laws, regulations and rules, as well as national and local standards for motor vehicle maintenance.

　　Article 6 To apply for engaging in motor vehicle maintenance operations, the following supporting documents shall be submitted to the local road transport authority:

　　(1) An application for licensing;

　　(2) Legal use certificates of the production plants and parking lots that meet the needs of business operations;

　　(3) Plan and process layout of the business premises;

　　(4) Relevant documents for the business premises that meet the fire control requirements;

　　(5) Relevant documents for the business premises that meet the environmental protection requirements;

　　(6) Certification documents for the pre-approval and registration of the enterprise name or a copy of the business license;

　　(7) Identity documents of the legal representative of the enterprise or the person in charge of the enterprise;

　　(8) The roster of post personnel and post qualification materials suitable for the business scope;

　　(9) Conformity certificates for maintenance and testing equipment and verification certificates or calibration certificates for relevant measuring instruments;

　　(10) Basic operation and management systems suitable for the business scope, including machinery and equipment management and maintenance systems, production safety and civilized sanitation systems, service commitments, maintenance warranty systems, quality inspection systems, and systems for vehicle pick-up, delivery, service, parts, rework processing, customer tracking service, etc.

　　For foreign-invested motor vehicle maintenance operations, the Provisions on the Administration of Foreign Investment in the Road Transport Industry and other relevant national regulations shall be followed.

　　Article 7 District Road transport authorities shall decide whether to grant the licenses within 15 days from the date of receiving the application for the administrative licensing for motor vehicle maintenance operations; it shall issue a license for motor vehicle maintenance operations to the applicants within 10 days if the application meets the conditions specified in Article 6.

　　Article 8 District road transport authorities shall implement the administrative licensing for motor vehicle maintenance operations in accordance with the Administrative Permission Law of the People’s Republic of Chinaand the Regulations of the People's Republic of China on Road Transport and other relevant provisions, and report the licensing conditions to the municipal road transport authority for filing within 15 days from the date of making the licensing decision.

　　Article 9 Where a motor vehicle maintenance operator needs to change the relevant business items or terminate the business operation, it shall go through the following formalities:

　　(1) Where the legal representative or person in charge is to be changed or the house number is to be renumbered, it shall, within 15 days, go through the filing formalities with the road transport authority that has made the licensing decision;

　　(2) Where the business scope, business premises or other permission items are to be changed, it shall go through the change approval formalities with the road transport authority that has made the licensing decision 30 days in advance;

　　(3) Where it is necessary to terminate the operation, it shall go through the cancellation formalities with the road transport authority that has made the licensing decision 20 days in advance, and return the license.

　　Chapter III Maintenance Operation

　　Article 10 Motor vehicle maintenance operators shall engage in motor vehicle maintenance operations within the permitted business scope.

　　Article 11 Motor vehicle maintenance operators shall provide services openly as follows:

　　(1) Hang the motor vehicle maintenance operation license, the business license and the motor vehicle maintenance sign at the conspicuous positions of the business premises;

　　(2) Clearly mark the price, and disclose the maintenance items, man-hour quota, the unit price per working hour, and the price of mountings at the conspicuous positions of the business premises;

　　(3) Disclose the service commitment and maintenance quality guarantee period;

　　(4) Disclose the supervision hotline number of the management authority;

　　(5) Disclose the basic information of the personnel in key positions, such as technical directors, quality inspectors, price settlement clerks (price clerks), etc.;

　　(6) Disclose service systems for pick-up, maintenance, delivery, complaint handling, claims, tracking services, etc.;

　　(7) Disclose other service systems closely related to the rights and interests of consumers.

　　Article 12 Motor vehicle maintenance operators shall not occupy roads, building setback belts, fire exits or other public places for maintenance operations, and shall comply with relevant regulations on environmental protection, production safety and city appearance and environmental sanitation when selecting business premises and conducting maintenance operations, and take necessary measures to ensure the work safety, and prevent pollution of the surrounding environment and influence of the normal life of residents.

　　Article 13 Motor vehicle maintenance operators shall not use counterfeit or shoddy parts to repair motor vehicles.

　　Motor vehicle maintenance operators shall identify the OEM parts, aftermarket parts and repaired parts separately for the entrusting authorities to choose.

　　Where a motor vehicle maintenance operator provides spare parts, it shall truthfully inform the entrusting authority of such main details of the spare parts as the product names, places of origin, specifications, etc.

　　Where the entrusting authority provides its own spare parts, it shall provide the conformity certificates of spare parts and record the fact in the motor vehicle maintenance contract or settlement list. When installing and using the maintenance parts provided by the entrusting authority, the motor vehicle maintenance operator shall check the conformity certificates of the parts, and shall not use the parts without conformity certificates or with obvious defects.

　　Article 14 Motor vehicle maintenance operators shall carry out maintenance operations in accordance with technical specifications to ensure maintenance quality.

　　Motor vehicle maintenance operators who undertake to repair motor vehicle engines and exhaust pollution control systems shall, in accordance with the Rules of Guangzhou Municipality on the Prevention and Control of Motor Vehicle Exhaust Pollution, make the motor vehicles meet the pollutant emission standards, and shall include motor vehicle exhaust pollution control indicators in the maintenance warranty content, andbear the responsibility for the maintenance quality within the warranty period.

　　Article 15 Motor vehicle maintenance operators shall disclose the motor vehicle maintenance warranty period, which shall not be shorter than that stipulated by laws, regulations and rules.

　　Article 16 Where the motor vehicle passes the maintenance completion quality inspection, the maintenance quality inspector shall issue a motor vehicle maintenance completion certificate.

　　Motor vehicle maintenance operators shall not forge, lend or resell motor vehicle maintenance completion certificates, and shall not issue false motor vehicle maintenance completion certificates.

　　Article 17 Motor vehicle maintenance operators shall establish a maintenance registration system, and shall not undertake the maintenance of scrapped motor vehicles or refit motor vehicles without authorization, and shall promptly report to the public security organs if any suspicious vehicles are found.

　　For secondary maintenance, assembly repair and complete vehicle repair of motor vehicles, a motor vehicle maintenance file shall be created in accordance with relevant regulations. The main contents of the file include the maintenance contract, maintenance items, specific maintenance personnel and quality inspection personnel, checklist, completion certificate (copy), settlement sheet, etc.

　　Article 18 Motor vehicle maintenance operators shall not make up maintenance reasons and ask the entrusting party to entrust maintenance for items that are not necessary for maintenance, falsely list maintenance items, or charge the entrusting party beyond the disclosed man-hour quota and unit price per working hour.

　　Article 19 Motor vehicle maintenance operators shall use the maintenance and testing equipment and measuring instruments that have been verified or calibrated, and store the verification certificates or calibration certificates in the maintenance business places for inspection.

　　Article 20 Motor vehicle maintenance operators shall submit to the road transport authority the statistical data of the previous year on maintenance equipment and facilities, personnel and maintenance operation data before June each year.

　　The road transport authority shall keep business secrets for motor vehicle maintenance operators.

　　Article 21 Motor vehicle maintenance personnel in key positions, such as technical leaders, quality inspectors and personnel for machine repair, electrical maintenance, sheet metal (body repair), coating (body coating) and vehicle technical evaluation (including testing) shall participate in the corresponding job knowledge training and study, and pass the examinations in accordance with national regulations.

　　Article 22 Motor vehicle maintenance operators shall, according to their business scopes, have personnel who meet the post requirements, and organize their personnel to participate in the corresponding continuing education of motor vehicle maintenance knowledge, so as to improve the comprehensive quality of their personnel.

　　Chapter IV Supervision and Management

　　Article 23 The municipal and district road transport authorities shall strengthen the management of motor vehicle maintenance personnel, and establish and improve the archives of motor vehicle maintenance personnel.

　　Article 24 The road transport authority shall timely accept complaints against motor vehicle maintenance operators and applications for mediation of disputes arising from motor vehicle maintenance services, and handle them within 20 working days from the date of acceptance.

　　Where it is necessary to appraise the maintenance quality or parts for handling complaints or mediating disputes, the appraisal time shall not be counted in the processing time limit specified in the preceding paragraph.

　　Article 25 Motor vehicle maintenance operators shall apply for license renewal with the road transport authority deciding on the granting of the licenses 30 days before the expiry of the motor vehicle maintenance operation licenses. If a motor vehicle maintenance operator fails to apply for renewal of the licenses upon expiry, the original licensing authority shall cancel its operation license.

　　Chapter V Legal Liability

　　Article 26 Motor vehicle maintenance operators who violate these Rules by committing any of the following acts shall be punished by the road transport authority as follows:

　　(1) Those who violate the provisions of Item (1) of Article 9 herein by failing to go through the change filing procedures as required shall be ordered to make corrections within a time limit; if the corrections are not made within the time limit, a fine of RMB 1,000 shall be imposed.

　　(2) Those who violate the provisions of Article 10 herein by engaging in maintenance operations beyond the licensed business scopes shall be ordered to stop the illegal acts, and a fine ranging from RMB 500 to RMB 1,000 shall be imposed for each vehicle.

　　(3) Those who violate the provisions of Items (4), (5), (6) and (7) of Article 11 herein by failing to provide services openly as required shall be ordered to make corrections within a time limit; if the corrections fail, a fine ranging from RMB 500 to RMB 2,000 will be imposed.

　　(4) Those who violate the provisions of Paragraphs 2 and 3 of Article 13 herein by failing to identify the OEM parts, aftermarket parts and repaired parts separately, or failing to truthfully inform the entrusting parties of such main details of spare parts as the product names, places of origin, specifications, etc. when using the spare parts shall be ordered to make corrections within a time limit, and a fine ranging from RMB 1,000 to RMB 5,000 shall be imposed.

　　(5) Those who violate the provisions of Paragraph 1 of Article 14 herein by failing to carry out maintenance operations in accordance with relevant technical specifications shall be ordered to make corrections within a time limit, and a fine ranging from RMB 1,000 to RMB 5,000 shall be imposed.

　　(6) Those who violate the provisions of Article 15 herein by failing to implement the motor vehicle maintenance warranty period system shall be ordered to make corrections within a time limit, and a fine ranging from RMB 1,000 to RMB 5,000 shall be imposed.

　　(7) Those who violate the provisions of Article 16 herein by forging, lending or reselling the motor vehicle maintenance completion certificates shall be ordered to make corrections within a time limit, and a fine ranging from RMB 1,000 to RMB 5,000 shall be imposed.

　　(8) Those who violate the provisions of Paragraph 2 of Article 17 herein by failing to create maintenance files as required shall be ordered to make corrections within a time limit; if the corrections are not made within the time limit, a fine ranging from RMB 500 to RMB 1,000 shall be imposed.

　　(9) Those who violate the provisions of Article 20 herein by failing to submit statistical data as required shall be ordered to make corrections within a time limit; if the corrections are not made within the time limit, a fine ranging from RMB 500 to RMB 1,000 shall be imposed.

　　(10) For those who violate the provisions of Article 22 herein by failing to employ technical personnel who meet the post requirements to engage in the maintenance for key positions, resulting in maintenance quality liability accidents, a fine ranging from RMB 1,000 to RMB 5,000 shall be imposed.

　　Article 27 For any motor vehicle maintenance operator who violates these Rules by committing any of the following acts, and has been investigated and punished three times within three years by the road transport authority but still refuses to make corrections, or causes a maintenance safety accident resulting in more than 3 deaths or more than 10 serious injuries, the original licensing authority shall revoke his/her operation license:

　　(1) Repair motor vehicles with counterfeit and shoddy parts;

　　(2) Undertake the repair of scrapped motor vehicles or refit motor vehicles without authorization;

　　(3) Issue false motor vehicle maintenance certificates.

　　Article 28 Where motor vehicle maintenance operators no longer meet the licensing requirements after obtaining the licenses, they shall make corrections by themselves or complete the corrections within 30 days from the date of receiving the correction notices from the road transport authority. If the corrections are not qualified or are refused, the original licensing authority shall impose a fine ranging from RMB 10,000 to RMB 20,000.

　　Article 29 Where motor vehicle maintenance operators violate these Rules and such violations involve such management matters as industry and commerce, environmental protection, fire control, public security, water affairs, work safety, quality supervision, city appearance and environmental sanitation, price, etc., the relevant government sectors shall investigate and deal with them according to law.

　　Article 30 Where the government sectors and their staff members responsible for the supervision and management of motor vehicle maintenance operations fail to perform or improperly perform their duties, they shall be investigated for administrative responsibilities by the appointment and removal authority or the supervisory authority according to law; they shall be transferred to judicial organs and investigated for criminal responsibility according to law if a crime has been constituted.

　　Chapter VI Supplementary Provisions

　　Article 31 These Rules shall come into force on August 1, 2009. Measures of Guangzhou Municipality on the Management of the Automobile and Motorcycle Maintenance Industry (Sui Fu [1993] No. 56, amended in 2005 in accordance with Decree No. 1 of the People’s Government of Guangzhou Municipality) shall be abolished accordingly.