In order to promote the healthy and orderly development of China's second-hand car exports, in accordance with the Foreign Trade Law of the People's Republic of China, the Road Traffic Safety Law of the People's Republic of China and its implementing regulations, the Customs Law of the People's Republic of China, the Regulations on the Administration of Import and Export of Goods of the People's Republic of China, the Regulations on the Management of Motor Vehicle Maintenance, and the Regulations on the Registration of Motor Vehicles, the Ministry of Commerce, the Ministry of Industry and Information Technology, the Ministry of Public Security, the Ministry of Transport, and the General Administration of Customs have jointly formulated requirements and procedures for the export of second-hand cars, which are now announced.
1、 General Provisions
Second hand cars refer to vehicles (excluding three wheeled vehicles, low-speed cargo vehicles, the same below) and trailers that have been traded and transferred ownership from the completion of registration procedures until reaching the national mandatory scrapping standards.
Second hand car export enterprises refer to enterprises registered and engaged in second-hand car export business activities within the territory of the People's Republic of China.
The state implements export license management for second-hand cars. The Ministry of Commerce is responsible for formulating, guiding, coordinating, and supervising policies for the export of second-hand cars nationwide. The Ministry of Industry and Information Technology is responsible for the work related to the "Announcement of Road Motor Vehicle Production Enterprises and Products". The Ministry of Public Security guides and supervises the traffic management departments of public security organs in various regions to handle the registration of second-hand cars for export. The Ministry of Transport is responsible for the data collection of the electronic health record system for automobile maintenance and the query service of second-hand car maintenance records. The General Administration of Customs is responsible for guiding, inspecting, and supervising the export clearance of second-hand cars by various directly affiliated customs. This announcement applies to the act of exporting second-hand cars outside the customs territory of the People's Republic of China.
2、 Enterprise declaration conditions
Second hand car export enterprises should comply with national laws and regulations and strictly fulfill relevant responsibilities and obligations when conducting business activities. Second hand car export enterprises applying to carry out second-hand car export business must meet the following conditions.
(1) Production enterprises.
1. Registered within the territory of the People's Republic of China and possessing independent legal personality;
2. The enterprise is included in the "Announcement on Road Motor Vehicle Production Enterprises and Products" issued by the Ministry of Industry and Information Technology;
3. Export the products produced by our company;
4. The enterprise operates legally and in accordance with regulations, complies with laws and regulations on safety production, environmental protection, taxation, customs, and foreign exchange management, has no illegal or irregular behavior that has not been rectified, and has no serious breach of trust.
(2) Circulation enterprises.
1. Registered within the territory of the People's Republic of China and possessing independent legal personality;
2. Having a fixed business office and a second-hand car display and sales venue, with experience in car sales or trade;
3. Possess the ability to appraise and evaluate second-hand cars, and hire at least 3 appraisal and evaluation professionals;
4. The enterprise operates legally and in accordance with regulations, complies with laws and regulations on safety production, environmental protection, taxation, customs, and foreign exchange management, has no illegal or irregular behavior that has not been rectified, and has no serious breach of trust.
3、 Enterprise declaration procedures and materials
(1) The commerce authorities of each province, autonomous region, municipality directly under the central government, planned city, and Xinjiang Production and Construction Corps (hereinafter referred to as the provincial commerce authorities) are responsible for reviewing the application materials of second-hand car export enterprises.
(2) Enterprises can log in to the "Unified Platform of the Business System of the Ministry of Commerce" on the enterprise side to fill in the application materials and submit them to the provincial commerce department for review. Enterprises can engage in second-hand car export business within one year after approval, and need to reapply the following year.
(3) Provincial commerce authorities can log in to the "Unified Platform for Business Systems of the Ministry of Commerce" management end to review the application materials of enterprises in their administrative regions. If the application materials meet the requirements of this announcement, they should be reviewed and approved within 15 working days; For materials that do not meet the requirements, inform the reason in one go.
(4) Enterprises applying to carry out second-hand car export business need to submit the following materials:
1. Application for conducting second-hand car export business. The content includes but is not limited to:
(1) Basic information of the enterprise and its investors;
(2) Business operation situation: including domestic automobile transactions, automobile trade, business performance, etc;
(3) Development plan for the export of second-hand cars in the next three years; Implementation plan for second-hand car export business: including domestic procurement of second-hand cars, quality assurance, overseas sales, after-sales service, etc;
(4) Copy of the original/duplicate business license of the enterprise legal person, customs code, and unified social credit code of the enterprise;
(5) A commitment letter signed by the legal representative of the enterprise and stamped with the official seal of the enterprise, stating that the submitted materials are true and valid, as well as a commitment letter stating that there are no outstanding illegal or irregular behaviors or serious dishonest behaviors.
2. Circulation enterprises need to submit proof of property rights or usage rights of their business premises, proof of professional competence in second-hand car appraisal and evaluation, proof of social security payment in the enterprise, proof of automobile sales or trade situation, and a copy of the previous year's financial audit report issued by an accounting firm. Newly registered enterprises need to provide copies of the financial statements for the current reporting period and the previous year's financial audit report of the enterprise's investors.
(5) Enterprises that export second-hand cars through engineering contracting do not need to declare in advance. They can directly apply for an export license with relevant supporting documents such as their winning bid documents, external contracting project filing forms, and contracting contracts.
4、 Export License Application Process
(1) After completing the registration procedures for the transfer of second-hand cars in accordance with the law, approved second-hand car export enterprises can apply for an export license. Second hand cars that have completed export customs clearance are not allowed to be returned. Within 2 months after completing the customs clearance procedures for the export of second-hand cars, apply for cancellation of registration with the public security traffic management department in the location of the enterprise or the place where the motor vehicle is registered, based on the export declaration form and relevant documents stipulated by laws and regulations.
(2) For enterprises applying for transfer registration of motor vehicles, after returning the original motor vehicle license plate and driving license and inspecting the motor vehicle, the public security traffic management department shall annotate the "transfer pending export" item on the motor vehicle registration certificate and issue a temporary driving license plate. The validity period of the temporary driving license plate shall be the same as that of the compulsory insurance for motor vehicle traffic accident liability, but shall not exceed 60 days. Vehicles that have been marked with "transfer for export" on their motor vehicle registration certificate should promptly handle relevant procedures such as applying for a second-hand car export license, customs clearance, and cancellation of registration.
(3) Approved second-hand car export enterprises shall apply for export licenses on the enterprise side of the "Unified Platform of the Ministry of Commerce Business System" in accordance with the principle of "whoever exports applies", and cannot be applied for by other enterprises or individuals on their behalf.
(4) The provincial commerce department is the issuing authority responsible for the issuance of second-hand car export licenses. The provincial commerce authority shall issue export licenses to enterprises whose materials meet the application requirements within 3 working days. For materials that do not meet the requirements, inform the reason in one go.
(5) The export license is "one batch, one license", and export enterprises can apply for up to 20 second-hand cars under the same commodity code on the license application form. The applied quantity should be consistent with the actual declared quantity, and customs clearance should be completed in one go. If the quantity declared at one time is less than the applied quantity, a new export license should be applied for.
(6) When applying for an export license, enterprises can choose between paper-based or paperless operations. Those who choose paperless homework methods should apply for an electronic certificate of export license according to regulations.
(7) The customs will conduct online verification of the export license for second-hand cars and handle customs procedures in accordance with regulations. Enterprises applying to the customs for the export declaration procedures of second-hand cars should fill in the product name as "old+vehicle brand+displacement+model (such as off-road vehicles, small cars, etc.)" in accordance with the relevant regulations of customs declaration management.
(8) After completing the export procedures for the transfer of second-hand cars, the ownership cannot be changed in domestic transactions. If the export contract cannot be executed due to special circumstances, the enterprise should coordinate with other importers to sign a separate export contract.
5、 Application Materials for Export License
Enterprises applying for a second-hand car export license need to submit application materials.
(1) Export License Application Form. Fill in the vehicle identification number (VIN) in the "VIN code" column, fill in the name of the used car export enterprise in the "exporter" and "shipper" columns, select "old" for the "product status", and fill in the vehicle brand and model in the "specification and grade" column. The relevant content is consistent with the "Motor Vehicle Registration Certificate".
(2) A legally binding export contract (including after-sales service content). If the contract is in a foreign language, a Chinese translation should also be provided, and the Chinese translation shall prevail.
(3) Original or scanned copy of the Motor Vehicle Registration Certificate. The name of the vehicle owner in the "Motor Vehicle Registration Certificate" should be consistent with the name of the second-hand car export enterprise applying for the license.
(4) The product testing report issued by a third-party testing agency and a self declaration from the agency stating that there are no outstanding illegal or irregular behaviors, and no serious dishonest behaviors. The testing standards are "Quality Requirements for Export of Used Passenger Cars" (WM/T8-2022) and "Quality Requirements for Export of Used Commercial Vehicles and Trailers" (WM/T9-2022).
(5) Declaration that the exported vehicles meet the admission standards of the export target market, stamped with the company seal.
6、 Prohibited export situation
Used cars that fall under any of the following circumstances are prohibited from export:
(1) Vehicles that meet the scrapping standards stipulated in the "Regulations on Compulsory Scrapping Standards for Motor Vehicles" and vehicles with a service life of less than one year (including one year) from the prescribed scrapping period;
(2) Vehicles that are under mortgage, pledge, or customs supervision;
(3) Vehicles that have been lawfully seized or detained by supervisory organs, people's courts, people's procuratorates, and administrative law enforcement departments;
(4) Vehicles obtained through illegal and criminal means such as theft, robbery, and fraud;
(5) The content recorded in the motor vehicle registration certificate is inconsistent with that of the motor vehicle;
(6) Smuggling and illegal assembly of vehicles;
(7) Vehicles with incomplete legal certificates and credentials;
(8) Vehicles with unqualified test results;
(9) Vehicles involved in road traffic safety violations and unresolved traffic accidents;
(10) Vehicles prohibited from trading or exporting by other laws and regulations.
7、 Job requirements
In the export of second-hand cars, provincial commerce authorities, industry and information technology departments, public security traffic management departments, transportation departments, customs, export enterprises, and inspection and testing institutions should all bear corresponding responsibilities.
(1) Responsibilities of provincial commerce authorities.
Provincial commerce authorities should establish a special working mechanism to conduct audits of second-hand car export enterprises and issue second-hand car export licenses, strengthen supervision, and effectively prevent and control various risks. Establish a credit record system to record the dishonest behavior of export enterprises in their credit files. If enterprises within this administrative region are found to have dishonest behavior, they should promptly report to the relevant competent departments such as the Ministry of Commerce, Industry and Information Technology, Public Security, Transportation, Customs, etc.
(2) Responsibilities of the industrial and information technology departments.
The industrial and information technology departments should fulfill the functions of managing the admission of road motor vehicle production enterprises and products, and do a good job in the admission and supervision of road motor vehicle production enterprises and products.
(3) Responsibilities of the Public Security Traffic Management Department.
The public security traffic management department shall handle the transfer and cancellation registration procedures for exported second-hand cars in accordance with the law, and promptly notify the commerce department of enterprises found to have illegal and irregular behaviors.
(4) Responsibilities of the transportation department.
The Ministry of Transport guides relevant technical support units to provide maintenance record data query services for exported vehicles to second-hand car export enterprises that have been registered with the commerce department through the electronic health record system for automobile maintenance.
(5) Customs responsibility.
If the customs discovers that a company is prohibited from exporting vehicles as stated in this announcement, they should promptly notify relevant departments such as commerce and public security.
(6) Export enterprise responsibility.
Second hand car export enterprises are the main responsible parties for quality traceability, and must strictly comply with relevant regulations such as the Foreign Trade Law of the People's Republic of China and the Regulations on the Administration of Import and Export of Goods of the People's Republic of China, fulfill the obligation to truthfully disclose vehicle mileage, maintenance status, and other vehicle condition information, and conduct export product testing. Timely maintenance technology and spare parts support should be provided, and major issues related to overseas quality and after-sales service should be coordinated and resolved. Encourage export enterprises to provide maintenance records of exported vehicles in the "National Automotive Maintenance Electronic Health Record System".
The following behaviors are not allowed:
1. Export vehicles that are explicitly prohibited from export in this announcement;
2. Providing false vehicle conditions, failing to fulfill quality assurance obligations, and not accepting government supervision;
3. Falsifying, altering, or buying or selling the Export License;
4. Falsifying, altering, or using a forged or altered Motor Vehicle Registration Certificate;
5. Submitting false materials for vehicle transfer registration, export, and cancellation;
6. Failure to apply for export according to the prescribed procedures and failure to cancel vehicles within the prescribed time limit;
7. There are significant quality and safety incidents of exported products abroad that have caused significant adverse effects on China's exports;
8. Other behaviors that violate laws and administrative regulations.
For enterprises that engage in the above-mentioned behaviors, the provincial commerce department shall include them in their credit files, and enterprises suspected of violating the law shall be held legally responsible in accordance with the law.
(7) Responsibilities of inspection and testing institutions.
Inspection and testing institutions should issue objective, fair, scientifically accurate, true and effective testing reports in accordance with relevant standards.
8、 Supplementary Provisions
This announcement shall come into effect on March 1, 2024. The relevant provincial commerce authorities should guide local enterprises that have been approved to carry out second-hand car export business before the announcement is released to reapply and review according to the conditions and procedures required by the announcement within 6 months from the implementation date. If the relevant provisions of the "Notice of the General Office of the Ministry of Commerce on Matters Related to the Application for Second hand Car Export License" (Commerce and Trade Office [2019] No. 854), the "Notice of the General Administration of Customs of the General Office of the Ministry of Commerce on Matters Related to the Paperless Operation of the Application for Second hand Car Export License" (Commerce and Trade Office [2019] No. 297), and the "Notice of the General Administration of Customs of the General Office of the Ministry of Commerce of the People's Republic of China of the People's Republic of China of China of the People's Republic of China of China of the People's Republic of China of China of the People's Republic of China of China of the People's Republic of China of China of the People's Republic of.
Ministry of Commerce
Ministry of Industry and Information Technology
Ministry of Public Security
Ministry of Transport
customs head office