Scrap car recycling management
Chinese people **** and the State Council Decree No. 307 "scrap car recycling management" has been June 13, 2001, the State Council's 41st executive meeting, is hereby promulgated, shall come into force from the date of publication.
Article 1
These Measures are formulated for the purpose of regulating the recycling activities of end-of-life automobiles, strengthening the management of end-of-life automobile recycling, safeguarding the order of road traffic and the safety of people's lives and properties, and protecting the environment.
Second
The end-of-life automobiles (including motorcycles, agricultural vehicles, the same hereinafter) referred to in these Measures refers to the national end-of-life standards, or not reached the national end-of-life standards, but the engine or chassis is seriously damaged, and the test does not comply with the national motor vehicle safety and technical conditions of operation or the national motor vehicle pollutant emission standards of the motor vehicle. This approach refers to the use of scrap car engine, steering, transmission, front and rear axles, frames (hereinafter collectively referred to as "five major assemblies"), as well as other spare parts assembled motor vehicles.
Article 3
The State Economic and Trade Commission is responsible for the organization of the national end-of-life automobile recycling (including dismantling, the same below) supervision and management, the State Council, public security, industrial and commercial administration and other relevant departments in their respective areas of responsibility for end-of-life automobile recycling supervision and management. Local people's governments at or above the county level, the economic and trade management department of the administrative region of the scrap car recycling activities to implement supervision and management. Local people's governments at or above the county level, public security, industry and commerce administration and other relevant departments within their respective areas of responsibility for the administrative area of the recycling of end-of-life automobiles supervision and management activities.
Article 4
The state encourages the renewal of automobile scrapping, the specific measures developed by the State Economic and Trade Commission in conjunction with the Ministry of Finance.
Article 5
Local people's governments at or above the county level shall strengthen the supervision and management of end-of-life automobile recycling leadership, the organization of all relevant departments in accordance with the law to take measures to prevent and investigate and deal with violations of the provisions of these measures.
Article 6
The State shall implement special industry management for the recycling of end-of-life automobiles, and implement a qualification system for end-of-life automobile recycling enterprises. In addition to obtaining the qualification of end-of-life automobile recycling enterprises, any unit or individual shall not engage in end-of-life automobile recycling activities. Do not have the conditions to obtain the qualification of end-of-life automobile recycling enterprises or did not obtain the qualification of end-of-life automobile recycling enterprises, engaged in end-of-life automobile recycling activities, any unit or individual has the right to report.
Article 7
Enterprises for recycling of end-of-life automobiles shall, in addition to meeting the conditions for the establishment of enterprises stipulated in the relevant laws and administrative regulations, also have the following conditions: (a) registered capital of not less than 500,000 yuan, in accordance with the provisions of the Tax Law for the general taxpayers; (b) dismantling of sites with an area of not less than 5,000 square meters; (c) with the necessary equipment and fire-fighting equipment for dismantling; (d) Annual recycling and dismantling capacity of not less than 500 vehicles; (e) Formal employees of not less than 20 people, of which not less than 5 professional and technical personnel; (f) No record of illegal business practices such as the sale of end-of-life automobiles, end-of-life "five major assemblies", and assembled vehicles; and (g) Compliance with the environmental protection standards set by the state. The establishment of end-of-life automobile recycling enterprises, should also be consistent with the State Economic and Trade Commission on the end-of-life automobile recycling industry, unified planning, rationalization of the layout requirements.
Article 8
To be engaged in end-of-life automobile recycling business, shall apply to the people's governments of provinces, autonomous regions and municipalities directly under the Central Government Economic and Trade Administration. Provinces, autonomous regions, municipalities directly under the Central People's Government Economic and Trade Administration shall receive the application within 30 working days from the date of application, in accordance with the conditions set out in Article 7 of these Measures on the application for review and approval of the completion of the application; in special circumstances, can be extended appropriately, but the extension of time shall not exceed 30 working days. If the examination meets the conditions, the Certificate of Eligibility shall be issued; if the conditions are not met, the application shall be rejected with reasons. The applicant obtains the "Certificate of Eligibility", should be in accordance with the provisions of the security management of the scrap metal acquisition industry to the public security organs to apply for "special industry license". The applicant holds the "qualification certificate" and "special industry license" to the administrative department for industry and commerce for registration procedures, after receiving a business license before engaging in the recycling of end-of-life automobiles. Provinces, autonomous regions and municipalities directly under the Central Economic and Trade Administration shall obtain the qualification of end-of-life automobile recycling enterprises in the administrative region, reported to the State Economic and Trade Commission for the record, and the State Economic and Trade Commission shall be published.
Article IX
Economic and trade management, public security, industry and commerce administration and other departments must be in strict accordance with the provisions of these measures and other relevant laws and administrative regulations, according to their respective responsibilities to engage in the recycling of end-of-life automobiles review of the application for the business; does not meet the prescribed conditions, shall not be issued the relevant licenses.
Article 10
The end-of-life automobile ownership units or individuals should be timely to the public security organs for motor vehicle scrapping procedures. The public security organs shall, on the day of acceptance, to the scrapping of motor vehicles owned by the unit or individual issued "motor vehicle scrapping certificate", and inform the scrapping of motor vehicles will be sold to the scrapping of automobile recycling enterprises. No unit or individual shall require the end-of-life automobile ownership unit or individual will be end-of-life automobile sales to the designated end-of-life automobile recycling enterprises.
Article 11
The end-of-life automobile recycling enterprises with the "motor vehicle scrapping certificate" acquisition of end-of-life automobiles, and to the end-of-life automobile owning units or individuals issued "end-of-life automobile recycling certificate". The end-of-life car ownership unit or individual with the "end-of-life car recycling certificate", to the car registration place of the public security organs for deregistration. The style of the Certificate of Recycling of End-of-Life Vehicles is stipulated by the State Economic and Trade Commission. No unit or individual shall buy or sell or forge or alter the "end-of-life automobile recycling certificate".
Article 12
The end-of-life automobile owning unit or individual shall promptly sell the end-of-life automobile to the end-of-life automobile recycling enterprise. No unit or individual shall sell, give or otherwise transfer the end-of-life automobile to a unit or individual that is not an end-of-life automobile recycling enterprise; and shall not dismantle the end-of-life automobile by itself.
Article 13
The end-of-life automobile recycling enterprises shall register end-of-life automobiles recovered vehicle by vehicle; and shall promptly report to the public security authorities if they find that the recovered end-of-life automobiles are suspected of theft, robbery or other crimes. End-of-life automobile recycling enterprises shall not dismantle, modify, assemble or sell the automobile and its "five major assemblies" and other spare parts suspected of committing crimes.
Article 14
The end-of-life automobile recycling enterprises must dismantle the recycled end-of-life automobiles; among them, the recycled end-of-life buses shall be dismantled under the supervision of the public security organs. The dismantled "five major assemblies" shall be used as scrap metal and sold to iron and steel enterprises as raw materials for smelting; the dismantled other spare parts can continue to be used, can be sold, but must be labeled "end-of-life automobile reuse parts". End-of-life automobile recycling enterprises dismantle end-of-life automobiles, shall comply with national environmental protection laws and regulations, and take effective measures to prevent and control pollution.
Article 15
Prohibits any unit or individual to use end-of-life automobiles "five major assemblies" and other spare parts assembled cars. It is prohibited to enter the market to trade in end-of-life automobiles, "five major assemblies" and assembled cars or trade in any other way. It is prohibited to assemble cars and end-of-life cars on the road.
Article 16
The economic and trade administration departments of local people's governments at or above the county level shall, in accordance with their duties, carry out regular supervision and inspection of end-of-life automobile recycling enterprises, and find that the end-of-life automobile recycling enterprises no longer have the conditions stipulated in the regulations, and shall immediately notify the original approval of licensing departments to revoke the "Certificate of Eligibility", "special industry licenses", and cancel the business licenses.
Article 17
The public security organs in accordance with these Measures, as well as the acquisition of scrap metal industry security management measures and motor vehicle repair industry, end-of-life motor vehicle recycling industry security management measures, the implementation of the supervision of the security situation of end-of-life automobile recycling enterprises, blocking the channels of sale of stolen goods.
Article 18
Administration for industry and commerce, in accordance with their duties, to supervise the business activities of end-of-life automobile recycling enterprises; without obtaining the qualification of end-of-life automobile recycling enterprises, unauthorized engagement in end-of-life automobile recycling activities, shall be seized and banned.
Article 19
The purchase price of end-of-life automobiles shall be calculated in accordance with the metal content conversion, with reference to the market price of scrap metal.
Article 20
In violation of the provisions of Article 6 of these Measures, without obtaining the qualification certification of end-of-life automobile recycling enterprises, and engaging in end-of-life automobile recycling activities without authorization, the industry and commerce administration department shall confiscate the illegally recycled end-of-life automobiles, the "five major assemblies", as well as other parts and accessories, send them to be dismantled by end-of-life automobile recycling enterprises, and confiscate the illegal proceeds; the illegal proceeds of 20,000 yuan or more shall be punished by a fine of two times or more than five times the illegal proceeds. The illegal income of more than 20,000 yuan, and impose a fine of more than two times the illegal income of less than five times; illegal income of less than 20,000 yuan or no illegal income, and impose a fine of more than 20,000 yuan of less than 50,000 yuan; belonging to the business unit, the revocation of the business license.
Article 21
In violation of the provisions of Article 11 of these Measures, the sale or purchase or forgery, alteration of the "Certificate of Recycling of End-of-Life Vehicles", the public security organs shall confiscate the illegal income and impose a fine of more than RMB 10,000 yuan to less than RMB 50,000 yuan; belonging to the recycling enterprise of end-of-life vehicles, and the circumstances are serious, by the original approval of the issuance of licenses by the department of the revocation of the "Certificate of Qualification", "Special Industry License", respectively, Business license.
Article 22
In violation of the provisions of Article 12 of these Measures, the end-of-life automobile will be sold, gifted or otherwise transferred to non-end-of-life automobile recycling enterprises or individuals, or dismantle the end-of-life automobiles by themselves, by the public security organs to confiscate the illegal income, and impose a fine of 2,000 yuan above 20,000 yuan below.
Article 23
In violation of the provisions of Article 13 of these Measures, if an enterprise that recycles end-of-life automobiles knows or should know that the automobiles, the "five major assemblies" and other spare parts are suspected of being stolen, robbed or otherwise involved in crimes, and fails to report them to the public security authorities, and then dismantles, refits, assembles or sells them without authorization, the public security authorities shall confiscate the automobiles, the "five major assemblies" and other spare parts according to the law and impose a fine of not less than 10,000 yuan and not more than 50,000 yuan. 10,000 yuan or more than 50,000 yuan fine; by the original approval of the licensing department to revoke the "Certificate of Eligibility", "special industry licenses", business licenses; constitutes a crime, shall be investigated for criminal responsibility.
Article 24
In violation of the provisions of Article 14 of these Measures, the sale of end-of-life automobile spare parts that can no longer be used, or the sale of end-of-life automobile spare parts not marked "end-of-life automobile reuse parts", by the administration for industry and commerce shall confiscate the illegal income, and impose a fine of more than 2,000 yuan to less than 10,000 yuan.
Article 25
In violation of the provisions of Article 15 of these Measures, the use of end-of-life automobiles, "five major assemblies" and other spare parts assembled cars or sell end-of-life automobiles, "five major assemblies", assembled cars, by the administration for industry and commerce confiscation of end-of-life automobiles, "five major assemblies", as well as other parts, assembled cars, confiscation of the illegal income; the illegal income of 50,000 yuan or more, and impose a fine of 2 million yuan. More than 50,000 yuan, and impose a fine of more than two times the illegal income of less than five times; illegal income of less than 50,000 yuan or no illegal income, and impose a fine of more than 50,000 yuan 100,000 yuan; is a recycling enterprise of end-of-life automobiles, by the original approval of the issuance of licenses by the department to cancel the "Certificate of Eligibility," the "special industry permits," the business license, respectively.
Article 26
In violation of the provisions of Article 15 of these Measures, the end-of-life automobiles running on the road, the public security organs to recover the motor vehicle license plate and motor vehicle license, and order the end-of-life automobiles owned by the unit or individual in accordance with the provisions of the Measures for deregistration, and may be sentenced to a fine of less than 2,000 yuan; collocation of the car running on the road, the public security organs confiscated collocation of the car, and sent to the end-of-life auto Recycling enterprises to dismantle, and impose a fine of more than 2,000 yuan 5,000 yuan.
Article 27
In violation of the provisions of Article 9 of these Measures, the department responsible for the approval and licensing of end-of-life automobile recycling enterprises shall be given an administrative sanction of demotion or dismissal for the person in charge of the department in charge, the person in charge directly responsible, and other persons directly responsible, in which the staff member concerned who undertakes the examination and approval shall be transferred from his original post and shall not be allowed to continue to work. Transferred from their original jobs, shall not continue to engage in the approval of work; constitutes a crime, shall be investigated for criminal responsibility.
Article 28
Departments responsible for the supervision and management of end-of-life automobile recycling and their staff, not in accordance with the provisions of these measures to carry out supervision and management duties, found that no longer have the conditions of end-of-life automobile recycling enterprises do not promptly revoke the relevant license, found that there are violations of the provisions of these measures will not be investigated and dealt with, on the department head of the person in charge of the department directly responsible for supervisory personnel and other directly responsible personnel, shall be given a major demerit, or a dismissal, or an administrative punishment. Responsible personnel, given a demerit, demotion or dismissal of administrative sanctions; constitutes a crime, shall be investigated for criminal responsibility.
Article 29
Government officials who do any of the following shall be given administrative sanctions ranging from demotion to dismissal from public office in accordance with the law; and if a crime is constituted, they shall be held criminally liable in accordance with the law: (1) conniving at, or harbouring, violations of the provisions of these Measures; (2) tipping off the parties involved in violations of the provisions of these Measures, or helping to evade investigation or handling of the case; (3) obstructing, or interfering with, the relevant departments' investigation of violations of the provisions of these Measures in accordance with the law. Violation of the provisions of these Measures in accordance with the law to investigate and deal with, resulting in serious consequences.
Article 30
Methods for the recycling and management of end-of-life automobiles of the army are separately formulated.
Article 31
These measures shall come into force on the date of publication.