On August 3, seven ministries and commissions, including the Ministry of Commerce, The National Development and Reform Commission and the Ministry of Industry and Information Technology, issued detailed rules for the Implementation of administrative Measures for Retrieving Scrapped Motor Vehicles. The rules, which will take effect on September 1, describe in detail the supervision and management system, qualification recognition and management, recovery and dismantling process, recovery and utilization behavior and legal consequences of violations.

The implementation rules are clear. Recycling and dismantling enterprises shall, in accordance with the relevant state requirements for the management of power battery batteries of new energy vehicles, disassemble, collect, store, transport and recycle the used power batteries of scrapped new energy vehicles or other types of energy storage devices, and strengthen the whole-process safety management. The recycling and dismantling enterprises shall input the vehicle identification number of scrapped new energy vehicles and power battery code, quantity, model and flow direction information into the system of "National Monitoring and Traceability Comprehensive Management Platform for Power battery Recycling and Utilization of New Energy Vehicles".

The disassembled power batteries of the recycling and disassembling enterprises shall be sold to the power battery recovery service outlets established by the new-energy automobile production enterprises, or the power battery echelon utilization enterprises meeting the relevant requirements of the state for the management of power battery echelon utilization, or the enterprises engaged in the comprehensive utilization of waste power batteries.

The battery

Detailed Rules for the Implementation of the Administrative Measures for retrieving scrapped motor vehicles

Chapter I General Provisions

Article 1 In order to standardize the activities of retrieving and dismantling scrapped motor vehicles and strengthen the management of the industry of retrieving and dismantling scrapped motor vehicles, these Detailed Rules are formulated in accordance with the Administrative Measures for Retrieving Scrapped Motor Vehicles (hereinafter referred to as the Administrative Measures) issued by the State Council.

Article 2 These Rules shall apply to activities of retrieving and dismantling scrapped motor vehicles within the territory of the People's Republic of China.

Article 3 The State encourages the market-oriented, specialized and intensive development of the recycling and dismantling industry of scrapped motor vehicles, promotes the improvement of the recycling and utilization system of scrapped motor vehicles, and improves the recycling and utilization efficiency and service level.

Article 4. Ministry of Commerce is responsible for organizing the supervision and administration of the recovery and dismantling of scrapped motor vehicles nationwide, while the Development and Reform Commission, Ministry of Industry and Information Technology, Ministry of Public Security, Ministry of Ecology and Environment, Ministry of Transport and State Administration of Market Regulation are responsible for the supervision and administration of scrapped motor vehicles within their respective functions and duties.

Article 5 Provincial competent commercial departments shall be responsible for the qualification identification of enterprises that recycle and dismantle scrapped motor vehicles (hereinafter referred to as recycling and dismantling enterprises). Local competent commercial departments at or above the county level shall supervise and administer the activities of retrieving and dismantling scrapped motor vehicles within their respective administrative areas to promote the healthy and orderly development of the industry.

Local public security organs at or above the county level shall, in accordance with their duties and the provisions of relevant laws and regulations, supervise and administer the public security situation of the industry of retrieving and dismantling scrapped motor vehicles and the trading of forged tickets and other activities, and dispose of them according to law.

Local eco-environmental authorities at or above the county level shall, according to their functions and duties, supervise and manage the prevention and control of environmental pollution caused by the recycling and dismantling activities of recycling and dismantling enterprises, prevent environmental pollution, and deal with them in accordance with relevant laws and regulations.

The local departments for development and reform, industry and information technology, transport and market supervision at or above the county level shall be responsible for the supervision and administration of scrapped motor vehicles within their respective administrative areas within the scope of their functions and duties.

Article 6 The trade associations and trade associations of the recovery and dismantling of scrapped motor vehicles shall formulate trade norms, provide services such as information consultation and training, carry out industry monitoring and early warning analysis, and strengthen industry self-discipline.

Chapter II Qualification Recognition and management

Article 7 The State shall implement a qualification recognition system for recycling and dismantling enterprises. Without qualification recognition, no unit or individual may engage in the activities of retrieving and dismantling scrapped motor vehicles.

The State encourages motor vehicle production enterprises to engage in the activities of retrieving and dismantling scrapped motor vehicles, and motor vehicle production enterprises shall bear producer responsibility in accordance with the relevant provisions of the State and shall provide the recycling and dismantling enterprises with guidance manuals and other relevant technical information on dismantling scrapped motor vehicles.

Article 8 The following conditions shall be met to obtain qualification recognition of retrieving and dismantling scrapped motor vehicles:

(1) it has the status of enterprise legal person;

(2) The business site for dismantling shall comply with the overall urban planning or territorial space planning and safety requirements of the locality, and shall not be built in residential, commercial, drinking water source protection areas or other environmentally sensitive areas;

(3) It conforms to the site, facilities, equipment, storage and dismantling technical specifications as well as the corresponding professional and technical personnel requirements of the National standard Technical Specifications for Enterprises for Retrieving and Dismantling Scrapped Motor Vehicles (GB22128);

(4) It meets the requirements of the Technical Specification for Environmental Protection for Dismantling Scrapped Motor Vehicles (HJ348) in the environmental protection standards;

(5) It shall have an ecological and environmental protection system in conformity with the provisions of the State, shall have corresponding pollution prevention and control measures, and shall have a proper disposal plan for the solid waste generated from disassembly.

Article 9 An enterprise applying for qualification recognition (hereinafter referred to as the applicant enterprise) shall submit an application in writing to the provincial competent commercial department where the business site is located or through the "National Automobile Circulation Information Management Application Service" system of the Ministry of Commerce, and submit the following written materials:

(1) The application report for establishment (shall contain the name, legal representative, registered capital, domicile, site for dismantling, unified social credit code and other contents of the applicant enterprise);

(2) To apply for the Business License of the enterprise;

(3) Applying for articles of association;

(4) To apply for the identity card of the enterprise's legal representative or other valid identity documents;

(5) disassembling the land-use right to the business site, the premises property right certificate or the land lease contract with a lease term of more than 10 years or the land-use right lease contract and the premises lease certification materials;

(6) To apply for the list of facilities and equipment purchased by the enterprise or acquired by means of finance lease for the purpose of dismantling scrapped motor vehicles and pollution prevention and control, as well as the ownership certificates such as invoices or finance lease contracts;

(7) examination and approval documents of environmental impact assessment documents of construction projects issued by the competent department of ecological environment;

(8) List of senior management and professional technical personnel;

(9) Application for enterprise dismantling operation specifications, safety procedures and solid waste utilization and disposal scheme.

If the above materials can be obtained through the government information system, the examination and approval authorities may no longer require the applicant enterprise to provide them.

Article 10 The competent commercial departments at the provincial level shall examine and verify the application materials for qualification recognition received. If the materials are complete and conform to the legal form, they shall accept the application. If the materials are not complete or do not conform to the legal form, the applicant shall inform the applicant of the contents to be supplemented and corrected within 5 working days from the date of receipt of the application.

Provincial competent commercial authorities may entrust the local (municipal) level competent commercial authorities where the business site is located to examine whether the application materials are complete and conform to the legal form.

Article 11 After accepting the application for qualification recognition, the provincial competent commercial departments shall organize an expert group to conduct on-site inspection and evaluation of the applied enterprises.

The competent commercial departments at the provincial level shall establish an expert bank composed of professionals in such fields as dismantling scrapped motor vehicles, ecological and environmental protection and finance, and the number of experts shall not be less than 20. The on-site acceptance and assessment expert group shall be composed of five or more experts in a singular number and shall be randomly selected from the expert database. The experts shall be professionally representative.

The expert group shall, in accordance with the qualification assessment conditions stipulated in these Rules, carry out on-site acceptance assessment and truthfully fill in the On-site Acceptance Assessment Comments Form. On-site inspection and assessment experts shall be responsible for the on-site inspection and assessment opinions.

Provincial competent commercial departments should refer to the demonstration form of on-site inspection and assessment opinions of the enterprises of retrieving and dismantling scrapped motor vehicles of the Ministry of Commerce and formulate the local "On-site Inspection and Assessment Comments Form" in combination with local conditions.

Article 12 If the provincial competent commercial administrations, after examining the application materials for qualification recognition and the Comments form of On-site Acceptance Assessment, deem the applications to meet the qualification recognition requirements, they shall publish them on the website of the provincial competent commercial administrations and the System of "National Automobile Circulation Information Management Application Service" for at least 5 working days. During the period of publicity, if there is any objection to the application, the competent commercial department at the provincial level shall verify the objection by organizing hearings and expert reassessment and reexamination according to the need. If there is no objection to the application, the provincial competent commercial department shall approve the application in the "National Automobile Circulation Information Management Application Service" system, create an enterprise account, and issue the Certificate of Qualification recognition of Enterprises for Retrieving and Dismantling Scrapped Motor Vehicles (hereinafter referred to as the Certificate of Qualification). If the application does not meet the qualification accreditation requirements, the provincial competent commercial departments shall make a decision not to approve the qualification accreditation and explain the reasons in writing.

The competent commercial departments at the provincial level shall promptly publish to the public the list of recycling and dismantling enterprises that have obtained qualification recognition within their respective administrative areas.

Article 13 The provincial competent commercial authorities shall complete the examination and make relevant decisions within 20 working days from the date of accepting the application for qualification recognition. If a decision cannot be made within 20 working days, it may be extended by 10 working days with the approval of the person in charge of the competent commercial department at the provincial level, and the applicant shall be informed of the reasons for the extension.

The time required for on-site acceptance review and hearing shall not be counted within the time limit specified in this Article. The administrative department of commerce at the provincial level shall inform the applicant in writing of the required time.

Article 14 A recycling and dismantling enterprise may not alter, lease or lend the Certificate of Qualification, or illegally transfer the Certificate of Qualification in other forms.

Article 15 Where a recycling and disassembling enterprise sets up a branch, it shall, within 30 days after the registration by the market supervision department, file a record with the provincial competent commercial department where the branch is registered through the "National Automobile Circulation Information Management Application Service" system, and upload the electronic documents of the following materials:

(1) Business License of the branch;

(2) Record Information Form of Branches of Enterprises for Retrieving and Dismantling Scrapped Motor Vehicles.

A branch of a recycling and dismantling enterprise may not dismantle a scrapped motor vehicle.

Article 16 the enterprises of retrieving and dismantling the name, domicile or legal representative is changed, the enterprises of retrieving and dismantling shall, within 30 days since the alteration of the information through the "China auto circulation information management application service system" to upload the change and change after the business license, the disassembly operation sites after the approval of the local competent commerce departments at the provincial level issue the certificate book ".

Article 17 In case of relocation, reconstruction or expansion of the business site of a recovery and dismantling enterprise, a new application for qualification recognition of the recovery and dismantling enterprise shall be made in accordance with these Rules. If the application meets the requirements for qualification recognition, the Certificate of Qualification shall be renewed; If the qualification accreditation conditions are not met, the original license issuing authority shall cancel its "Qualification Accreditation Letter".

Chapter III Code of Conduct for Recovery and Disassembly

Article 18 When retrieving a scrapped motor vehicle, a recovery and dismantling enterprise shall examine the valid identity certificate of the owner of the motor vehicle, register the model number, number plate number, vehicle identification number, engine number and other information of the motor vehicle one by one, and take back the following license plates:

(1) The original motor vehicle registration certificate;

(2) the original driving license of a motor vehicle;

(3) Motor vehicle number plates.

The recovery and dismantling enterprise shall check whether the vehicle type, license plate number, vehicle identification number, engine number and other real vehicle information of the scrapped motor vehicle are consistent with the information recorded in the registration certificate and driving license of the motor vehicle.

If any of the three license plates listed in the first paragraph of this article cannot be provided, the owner of the motor vehicle shall provide a written description of the situation and be responsible for its authenticity.

If the owner of the motor vehicle is a natural person and entrusts others to act on his/her behalf, he/she shall also provide the valid credentials of the principal and the letter of authorization; If the owner of the motor vehicle is an organ, enterprise, institution or social organization, it shall provide a copy of the business license stamped with the official seal of the unit, a copy of the certificate of unified social credit code or a copy of the legal person registration certificate of the social organization, a letter of authorization from the unit and the identity certificate of the person handling the vehicle.

Article 19 After retrieving a scrapped motor vehicle, a recycling and dismantling enterprise shall truthfully enter the vehicle information through the "National Automobile Circulation Information Management Application Service" system, print the Certificate of Scrapped Motor Vehicle Recycling, and upload the photos of the vehicle before dismantling and after dismantling. The uploaded photos shall include features such as the overall appearance of the vehicle before disassembly, the condition after disassembly and the vehicle identification number. With respect to the scrapped motor vehicles that should be dismantled under the supervision of the public security organs in accordance with the provisions, the recycling and dismantling enterprises shall print the "Certificate of Scrapped Motor Vehicles Recovery" after dismantling the motor vehicles.

The recycling and dismantling enterprise shall, in accordance with the relevant provisions of the State, promptly apply to the traffic administrative department of the public security organ for the cancellation of registration of motor vehicles, and submit the cancellation certificate and the Certificate of Retrieving Scrapped Motor vehicles to the owner of the motor vehicles.

Article 20 If the "five major assemblies" of scrapped motor vehicles, tail gas post-treatment devices and power batteries of new-energy vehicles are not complete, the owner of the motor vehicles shall explain the situation in writing and be responsible for their authenticity. Where a motor vehicle frame (or body) or engine is missing, it shall be deemed as missing, and the recycling and dismantling enterprise shall not issue the Certificate of Scrap Motor Vehicle Recovery.

Article 21 Where a motor vehicle is mortgaged or pledged, the recycling and dismantling enterprise shall not issue the Certificate of Retrieving Scrapped Motor vehicles.

If it is found that the recovered scrapped motor vehicles are suspected to be stolen goods or used as tools for theft, robbery or other criminal activities, or if it is suspected to be forging or altering license plates, vehicle identification Numbers or engine Numbers, the recycling and dismantling enterprises shall report to the public security organs. The printed Certificate for The Recovery of Scrapped Motor Vehicles shall be invalidated.

Article 22 If the Certificate of Scrapped Motor Vehicles Recovery needs to be re-issued or invalidated, the recycling and dismantling enterprise shall take back the certificate of Scrapped Motor vehicles recovery issued and submit a written application to the local (municipal) level competent commercial department where the dismantling business site is located. The competent commercial department at the local (municipal) level shall change the relevant information in the "National Automobile Circulation Information Management Application Service" system and notify the traffic administrative department of the public security organ at the same level.

Article 23 A recycling and dismantling enterprise must disassemble the recovered scrapped motor vehicles in the dismantement business site certified by its qualifications, and it is prohibited to trade the whole scrapped motor vehicles or assemble vehicles in any way. The scrapped large passenger vehicles, trucks and other operational vehicles and school buses recovered shall be dismantled under the supervision of the public security organs on the spot or under video supervision. The recycling and dismantling enterprises shall actively cooperate with the supervision and dismantling of scrapped motor vehicles.

Article 24 The dismantling of scrapped motor vehicles by a recovery and dismantling enterprise shall comply with the relevant requirements of the National standard Technical Specifications for The Recovery and Dismantling Of Scrapped Motor Vehicles (GB22128), and an electronic monitoring system covering all production and operation shall be established, and the video recordings shall be kept for at least 1 year.

Article 25 Recycling and dismantling enterprises shall abide by environmental protection laws, regulations and mandatory standards, set up solid waste management ledger, truthfully record information such as the type, quantity, direction, storage, utilization and treatment of products from dismantling scrapped motor vehicles, and fill in the form through the National Solid Waste Management Information System. To formulate plans for the management of hazardous wastes and store, transport, transfer, utilize and dispose of hazardous wastes in accordance with the relevant regulations of the State.

Chapter IV Code of Conduct for Recycling

Article 26 A recovery and dismantling enterprise shall establish a sales ledger for scrapped motor vehicle parts, truthfully record the information such as the number, model and flow direction of the "five major assemblies" of scrapped motor vehicles, and input it into the "National Automobile Circulation Information Management Application Service" system.

The recycling and dismantling enterprises shall code the "Five Major assemblies" of scrapped motor vehicles sold for remanufacturing in accordance with the marking rules formulated by the Ministry of Commerce, and the frame shall be entered into the original vehicle identification code information.

Article 27 The recovery and dismantling enterprises shall, in accordance with the relevant requirements of the State on the recovery and utilization of power batteries of new energy vehicles, disassemble, collect, store, transport and recycle the used power batteries of scrapped new energy vehicles or other types of energy storage devices, and strengthen the whole-process safety management.

The recycling and dismantling enterprises shall input the vehicle identification number of scrapped new energy vehicles and power battery code, quantity, model and flow direction information into the system of "National Monitoring and Traceability Comprehensive Management Platform for Power battery Recycling and Utilization of New Energy Vehicles".

Article 28 Where the "five assemblies" of scrapped motor vehicles disassembled by a recycling and dismantling enterprise are qualified for remanufacturing, they may be sold to an enterprise capable of remanufacturing for recycling after remanufacturing in accordance with the relevant provisions of the State. Those that do not have the conditions for remanufacturing shall be sold as scrap metal to an enterprise engaged in smelting or crushing.

Article 29 Parts and components other than the "Five Assemblies" of scrapped motor vehicles disassembled by a recycling and dismantling enterprise may be sold if they meet mandatory national standards for ensuring the safety of human life and property and can continue to be used, but they shall be marked as "returned parts of scrapped motor vehicles".

The tail gas post-treatment devices and hazardous wastes disassembled by the recycling and dismantling enterprises shall be truthfully recorded, and shall be disassembled and disposed of by qualified enterprises, and shall not be sold or resold to other enterprises.

The disassembled power batteries of the recycling and disassembling enterprises shall be sold to the power battery recovery service outlets established by the new-energy automobile production enterprises, or the power battery echelon utilization enterprises meeting the relevant requirements of the state for the management of power battery echelon utilization, or the enterprises engaged in the comprehensive utilization of waste power batteries.

Article 30 No unit or individual shall be allowed to assemble a scrapped motor vehicle using the "five major assemblies".

Article 31 Motor vehicle maintenance operators shall not undertake the repair of scrapped motor vehicles.

Chapter V Supervision and Administration

Article 32 Local competent commercial administrations at or above the county level shall, in conjunction with relevant departments, carry out daily supervision and inspection of the recovery and dismantling of scrapped motor vehicles within their respective administrative areas in the form of "double random and one disclosure", with the focus on the following aspects:

(1) The recycling and dismantling enterprise meets the qualification recognition conditions;

(2) Compliance with the procedures for retrieving and dismantling scrapped motor vehicles;

(3) Compliance with the Application of the Letter of Qualification;

(4) The issue of the Certificate of Retrieving Scrapped Motor Vehicles;

(v) Disposal of the "Five Major assemblies" and other parts and components.

Article 33 Local competent commercial administrations at or above the county level may, jointly with relevant departments, take the following measures to carry out supervision and inspection:

(1) To enter relevant places engaged in activities of retrieving and dismantling scrapped motor vehicles for inspection;

(2) to inquire of units and individuals related to the matters under supervision and inspection and require them to explain the situation;

(3) to consult and copy relevant documents and materials, check relevant data information system and copy relevant information data;

(4) other measures taken in accordance with relevant laws and regulations.

Article 34 If the local competent commercial administrations at or above the county level find that the recovered and dismantled enterprises no longer meet the requirements set forth in Article 8 of these Rules, they shall be ordered to make rectification within a time limit. In case of refusal to correct or failure to correct within the time limit, the original license issuing authority shall revoke its Certificate of Qualification.

If a recycling and dismantling enterprise stops the recycling and dismantling of scrapped motor vehicles for more than 12 months, or its business license is cancelled, the certificate of Qualification shall be revoked by the original license issuing authority.

The competent commercial departments at the provincial level shall timely announce to the public the list of enterprises that have been revoked or revoked of the Certificate of Qualification within their respective administrative areas.

The recycling and dismantling enterprise is subject to the administrative punishment of revocation of the Letter of Qualification for violating these Rules, and the enterprise is prohibited to apply for the qualification recognition of recycling and dismantling scrapped motor vehicles again within three years from the date of the administrative punishment taking effect.

Article 35 business and national development and reform, at all levels of industry and information technology, public security, the ecological environment, transportation, market supervision departments should strengthen the enterprises of retrieving and dismantling regulatory information sharing, share qualification cognizance, alteration, cancellation and other information in time, the enterprises of retrieving and dismantling the administrative punishment and the scrap vehicle recycling certificate and scrap vehicle information such as photographs.

Article 36 The local competent commercial administrations at or above the county level shall, in conjunction with the relevant departments, establish, retrieve and disassemble the enterprise credit archives, record into the credit archives the decisions made in accordance with the law concerning the enterprise's illegal and irregular ACTS, and publicize them to the public in a timely manner.

Article 30 No unit or individual shall be allowed to assemble a scrapped motor vehicle using the "five major assemblies".

Article 31 Motor vehicle maintenance operators shall not undertake the repair of scrapped motor vehicles.

Chapter V Supervision and Administration

Article 32 Local competent commercial administrations at or above the county level shall, in conjunction with relevant departments, carry out daily supervision and inspection of the recovery and dismantling of scrapped motor vehicles within their respective administrative areas in the form of "double random and one disclosure", with the focus on the following aspects:

(1) The recycling and dismantling enterprise meets the qualification recognition conditions;

(2) Compliance with the procedures for retrieving and dismantling scrapped motor vehicles;

(3) Compliance with the Application of the Letter of Qualification;

(4) The issue of the Certificate of Retrieving Scrapped Motor Vehicles;

(v) Disposal of the "Five Major assemblies" and other parts and components.

Article 33 Local competent commercial administrations at or above the county level may, jointly with relevant departments, take the following measures to carry out supervision and inspection:

(1) To enter relevant places engaged in activities of retrieving and dismantling scrapped motor vehicles for inspection;

(2) to inquire of units and individuals related to the matters under supervision and inspection and require them to explain the situation;

(3) to consult and copy relevant documents and materials, check relevant data information system and copy relevant information data;

(4) other measures taken in accordance with relevant laws and regulations.

Article 34 If the local competent commercial administrations at or above the county level find that the recovered and dismantled enterprises no longer meet the requirements set forth in Article 8 of these Rules, they shall be ordered to make rectification within a time limit. In case of refusal to correct or failure to correct within the time limit, the original license issuing authority shall revoke its Certificate of Qualification.

If a recycling and dismantling enterprise stops the recycling and dismantling of scrapped motor vehicles for more than 12 months, or its business license is cancelled, the certificate of Qualification shall be revoked by the original license issuing authority.

The competent commercial departments at the provincial level shall timely announce to the public the list of enterprises that have been revoked or revoked of the Certificate of Qualification within their respective administrative areas.

The recycling and dismantling enterprise is subject to the administrative punishment of revocation of the Letter of Qualification for violating these Rules, and the enterprise is prohibited to apply for the qualification recognition of recycling and dismantling scrapped motor vehicles again within three years from the date of the administrative punishment taking effect.

Article 35 business and national development and reform, at all levels of industry and information technology, public security, the ecological environment, transportation, market supervision departments should strengthen the enterprises of retrieving and dismantling regulatory information sharing, share qualification cognizance, alteration, cancellation and other information in time, the enterprises of retrieving and dismantling the administrative punishment and the scrap vehicle recycling certificate and scrap vehicle information such as photographs.

Article 36 The local competent commercial administrations at or above the county level shall, in conjunction with the relevant departments, establish, retrieve and disassemble the enterprise credit archives, record into the credit archives the decisions made in accordance with the law concerning the enterprise's illegal and irregular ACTS, and publicize them to the public in a timely manner.

Article 37 The forms of "Qualification Confirmation", "Certificate of Retrieving Scrapped Motor Vehicles" and "Information Form for Archival Filing of Branches of Enterprises Of Retrieving and Dismantling Scrapped Motor Vehicles" shall be stipulated by The Ministry of Commerce. The competent commercial departments at the provincial level shall be responsible for printing and distributing. No unit or individual shall buy, sell, forge or alter them.

Article 38 The provincial competent commercial departments shall strengthen the management of the expert pool of on-site inspection and assessment and implement the dynamic adjustment mechanism. If any expert violates the principles of independence, objectivity, fairness and justice in the process of acceptance review, the competent commercial department at the provincial level shall promptly adjust the relevant expert out of the site acceptance review expert database, and shall not be selected again.

Article 39 The local competent commercial departments at or above the county level shall publish their contact information to the public to facilitate the public to report the illegal activities related to the recovery and dismantling of scrapped motor vehicles.

Local competent commercial administrations at or above the county level shall, upon receiving the report, promptly investigate and deal with it according to law and keep the informant confidential. If a real-name report is made, the informant shall be informed of the result of the handling.

Chapter VI Legal Liability

Article 40 in violation of the provisions of paragraph 1 of article 7 of these rules, without obtaining qualification authentication, authorization, engaging in activities of discarded motor vehicles of retrieving and dismantling by the local competent commerce departments at or above the county level jointly with relevant departments in accordance with article 19 of the "management method", confiscate the illegal of retrieving and dismantling scrapped automobiles, motor vehicle "five big assembly" and other parts, confiscate the illegal income; If the illegal income is more than 50,000 yuan, a fine of not less than two times but not more than five times the illegal income shall be imposed; If the illegal income is less than 50,000 yuan or there is no illegal income, a fine of not less than 50,000 yuan but not more than 100,000 yuan shall be imposed.

If a motor vehicle manufacturer, in violation of the provisions of Article 7, Paragraph 2 of these Rules, fails to bear the producer responsibility to provide relevant technical support to the recycling and dismantling enterprise in accordance with the relevant provisions of the State, the local competent department of industry and information technology at or above the county level shall order it to make corrections and impose a fine of not less than RMB 10,000 yuan but not more than RMB 30,000 yuan.

Article 41 Those who, in violation of article 14 of these Rules, alter, lease, lend or illegally transfer the Certificate of Qualification by other means, shall be ordered to make corrections by the local competent commercial administrations at or above the county level and imposed a fine of not less than RMB 10,000 yuan and not more than RMB 30,000 yuan.

Article 42 In violation of the provisions of Article 15, paragraph 1 of these Rules, if an enterprise recovering and dismantling fails to put its branch on record as required, the local competent commercial department at or above the county level where the branch is registered shall order it to make corrections and impose a fine of not less than RMB 10,000 yuan but not more than RMB 30,000 yuan.

Where a branch of a recycling and dismantling enterprise disassembles a scrapped motor vehicle in violation of the provisions of Paragraph 2 of Article 15 of these Rules, the local competent commercial department at or above the county level where the branch is registered shall order it to make corrections and impose a fine of 30,000 yuan. If the enterprise refuses to make corrections or the circumstances are serious, the original license issuing department shall revoke the Certificate of Qualification issued by the enterprise that recovers and disassembles.

Article 43 in violation of paragraph 1 of article 19 of these rules, the provisions of article 20, article 21, the enterprises of retrieving and dismantling illegal issue or issue a confirmation of the scrap vehicle recycling, or not to have according to the regulation of the scrap vehicle recycling certificate issued by dismantling scrapped motor vehicles, the local competent commerce departments at or above the county level shall order correction within a time limit, the rectification period to suspend print "scrap vehicle recycling certificate"; If the circumstances are serious, a fine of not less than 10,000 yuan but not more than 30,000 yuan shall be imposed.

Enterprises of retrieving and dismantling knows or should know that recycling of motor vehicle for stolen goods or tools used for crime of theft, robbery crime activities, did not report to public security organs, dismantling or modified without authorization, assembling and selling of the motor vehicle, by the local public security organ at or above the county level shall, in accordance with the "public security management punishment law shall be the administrative penalties for public security, if the case constitutes a crime, shall be investigated for criminal responsibility according to law.

If a person is investigated for criminal responsibility for violating the provisions of the preceding paragraph or is punished twice or more within two years by the administration of public security, the original license issuing department shall revoke the Certificate of Qualification.

Article 44 in violation of the provisions of the second paragraph of article 19 of these rules, the enterprises of retrieving and dismantling is not in accordance with the relevant provisions of the state in a timely manner to the traffic administrative department of the public security organ cancellation of motor vehicle registration, and also pass the certification of all motor vehicles, the local competent commercial departments at or above the county level shall, in accordance with relevant provisions of the "management method" article 22 shall be ordered to correct, you can be fined 10000 yuan and 50000 yuan.

Article 45 In violation of the provisions of Article 23 of these Rules, if a recovery and dismantling enterprise fails to dismantle the recovered scrapped motor vehicles in the dismantler business premises where its qualifications have been recognized, or if it trades in whole scrapped motor vehicles or assembles them, the local competent commercial department at or above the county level shall order it to make corrections and impose a fine of 30,000 yuan. If it refuses to correct or the circumstances are serious, the certificate of Qualification shall be revoked by the original license issuing department.

Article 46 If, in violation of the provisions of Article 24 of these Rules, a recycling and dismantling enterprise fails to establish an electronic monitoring system with full coverage of production and operation, or if the video is kept for less than one year, the local competent commercial department at or above the county level shall order it to make corrections within a time limit, and stop printing the Certificate of Scrapped Motor Vehicles Recovery during the rectification period. If the circumstances are serious, a fine of not less than 10,000 yuan but not more than 30,000 yuan shall be imposed.

Article 47. Where an enterprise that recycles and dismantles goods violates the laws, regulations and compulsory standards of environmental protection and causes environmental pollution, the competent department of ecological environment shall, in accordance with the provisions of Article 24 of the Measures for Administration, order it to make corrections within a time limit and punish it according to law; In case of refusal to correct or failure to correct within the time limit, the certificate of Qualification shall be revoked by the original license issuing department.

Where the recycling and dismantling enterprises no longer meet the requirements for recognition of environmental protection as provided for in Article 8 of these Rules, the competent department of ecological environment shall order them to make corrections within a time limit and punish them according to law; In case of refusal to correct or failure to correct within the time limit, the original license issuing department shall revoke the Certificate of Qualification.

Any recycling and dismantling enterprise that violates the provisions of Article 25 of these Rules shall be punished by the competent department of ecological environment in accordance with law.

Article 48 in violation of the provisions of article 26 of these rules, the enterprises of retrieving and dismantling is not established in accordance with the requirements of scrapped automobile parts sales parameter and faithfully record the "five big assembly" information and upload information system, the local competent commercial departments at or above the county level shall, in accordance with relevant provisions of the "management method" article 23 shall be ordered to correct, and concurrently be fined 10000 yuan and 50000 yuan; If the circumstances are serious, it shall be ordered to suspend business for rectification.

Article 49 in violation of the provisions of article 27 of these rules, the enterprises of retrieving and dismantling is not in accordance with the relevant national standards and regulations requirements, new energy vehicles to scrap waste power battery or other types of energy storage facilities for disassembly, collection, storage, transportation, and recycling, or not to discard the new energy automobile vehicle identification code and power battery code, quantity, type, flow of information recorded on platform, by the local competent commerce departments at or above the county level jointly with the competent department of industry and information technology, shall be ordered to correct and be fined 10000 yuan and 30000 yuan.

Article 50 in violation of the provisions of article 28, article 29 of these rules, the enterprises of retrieving and dismantling the sale of scrap motor vehicles "five big assembly, and other parts is not in conformity with the relevant requirements, the local competent commercial departments at or above the county level shall, in accordance with relevant provisions of the" management method "article 21 shall be ordered to correct, confiscation of discarded motor vehicles" five big assembly "and other components, confiscate the illegal income; If the illegal income is more than 50,000 yuan, a fine of not less than two times but not more than five times the illegal income shall be imposed; If the illegal income is less than 50,000 yuan or there is no illegal income, a fine of not less than 50,000 yuan but not more than 100,000 yuan shall be imposed; If the circumstances are serious, it shall be ordered to stop business for rectification until the certificate issuing department revokes the Certificate of Qualification.

Where a recycling and dismantling enterprise sells or hands over to an enterprise other than those specified in Articles 28 and 29 of these Rules the "Five Assembly" and other parts of a scrapped motor vehicle, the local competent commercial department at or above the county level shall, in conjunction with other relevant departments, order it to make corrections and impose a fine of not less than RMB 10,000 yuan but not more than RMB 30,000 yuan.

Article 51 If a motor vehicle maintenance operator, in violation of the provisions of Article 31 of these Rules, undertakes to repair a scrapped motor vehicle, it shall be ordered to make corrections by the road transport administrative authority at or above the county level. If there is any illegal income, the illegal income shall be confiscated and a fine of not less than 2 times but not more than 10 times the illegal income shall be imposed; If there is no illegal income or the illegal income is less than RMB 10,000 yuan, a fine of not less than RMB 20,000 yuan and not more than RMB 50,000 yuan shall be imposed, and the scrapped motor vehicle shall be confiscated; If the circumstances are serious, the road transport administrative organ at or above the county level shall order it to suspend business for rectification; If the case constitutes a crime, criminal responsibility shall be investigated according to law.

Article 52 Whoever, in violation of article 37 of these Rules, buys, sells, forges or alters the Certificate of Qualification shall be given administrative penalties for public security by local public security organs at or above the county level in accordance with law.

Whoever buys or sells or forges or alters the Certificate of Retrieving Scrapped Motor Vehicles shall be given administrative penalties for public security by the local public security organs at or above the county level in accordance with the Law on Penalties for Public Security Administration.

Article 53 Where an electric appliance or electronic product that may cause environmental pollution is found to have been designed with toxic or harmful substances listed in the list of prohibited use by the State in the process of dismantling or disposal, the recycling and dismantling enterprise shall have the right to report to the market supervision department, which shall promptly notify the market supervision department. The market supervision department shall deal with it in accordance with article 51 of the Circular Economy Promotion Law.

Article 54 Departments of commerce, development and reform, industry and information technology, public security, ecological environment, communications and transport, market supervision and their staff at all levels shall perform their duties in accordance with the Provisions of the Administrative Measures and these Rules. Those who violate relevant provisions shall be investigated for responsibility in accordance with the provisions of Article 25 of the Administrative Measures. Any unit or individual has the right to report the illegal and irregular ACTS of the relevant departments and their staff.

Chapter VII Supplementary Provisions

Article 55 Provincial competent commercial departments may formulate implementation measures of these Detailed Rules in light of local actual conditions and submit them to the Ministry of Commerce for the record.

Article 56 Enterprises that have obtained qualifications for retrieving scrapped motor vehicles before the implementation of these Rules shall, within two years after the implementation of these Rules, apply to the competent commercial departments at the provincial level for qualification recognition in accordance with the requirements of these Rules. If the qualification is recognized, the Certificate of Qualification shall be renewed; If it fails to pass the qualification recognition for more than two years, the original license issuing department shall cancel its "Qualification Recognition Letter".

Article 57 If the local competent commercial administrations at or above the county level are involved in any adjustment of the duties of commercial law enforcement in these Rules, the relevant duties of commercial law enforcement shall be implemented by the departments designated by the people's governments at the same level to assume the relevant duties.

Article 58. These Rules shall be interpreted jointly by the Ministry of Commerce, the Development and Reform Commission, the Ministry of Industry and Information Technology, the Ministry of Public Security, the Ministry of Ecology and Environment, the Ministry of Transport and the State Administration of Market Regulation.

Article 59 These Rules shall enter into force as of September 1, 2020