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REGISTRATION MEASURES OF MOTOR VEHICLES IN THE
PEOPLE'S REPUBLIC OF CHINA (DECREE NO. 56)
(Adopted in the minister working conference of the
Ministry of
Pubic Security on November 27, 2000)
SUBJECT: PUBLIC SECURITY; TRANSPORTATION; MOTOR VEHICLES
ISSUING-DEPT: MINISTRY OF PUBLIC SECURITY
ISSUE-DATE: 11/27/2000
IMPLEMENT-DATE: 10/01/2001
LENGTH: 6228 words
TEXT:
CHAPTER 1 GENERAL PRINCIPLESArticle 1 Pursuant to relevant laws and administrative regulations, the Measures is stipulated for the purpose of strengthening management and registration of motor vehicles, protecting legal interests of citizens, legal persons and other organizations and promoting economic and social development.
Article 2 The Measures shall apply to the application and registration of motor vehicles in the People s Republic of China (PRC). The regulations for military vehicle registration shall apply to the motor vehicles that are registered by the People s Liberation Army and the People s Armed Police Forces.
Article 3 According to the Measures, the motor vehicles running on the roads within PRC shall be registered in the motor vehicle registry and obtain numberplates, drive certificate, and registration certificate.
Without numberplate and drive certificate, the motor vehicles are prohibited from running on roads.
Article 4 The vehicle management station of communication administration in public security agencies shall be the registering organs responsible for motor vehicle registration in their administrative areas.
Article 5 The motor vehicle registrations comprise recording, ownership transfer, outgoing, incoming, alteration, mortgage, drive termination, drive resumption, temporary entrance and cancellation.
Article 6 Registration number of motor vehicle is composed of registration organ code, English alphabet and Arabian number. Registration organ code shall be determined by the communication management bureau of Ministry of Public Security.
It is forbidden that one motor vehicle have more than two registration number at the same time.
Article 7 The vehicle management station shall register vehicles via computer systems and the registration shall be invalid if it fails to do so.
Article 8 The owner of motor vehicle shall register his vehicle in the management station, filling in registration forms and submitting valid materials according to the Measures.
Article 9 The vehicle management station shall accept the application of vehicle owner or mortgagee, examine materials submitted by the owner and mortgagee according to laws and examine the vehicles. Within the registration time limit, the station shall decide whether to register or not and if not, it shall explain the reason in writing.
CHAPTER 2 Registration
Article 10Having not obtained for his vehicle the numberplate, drive certificate and registration certificate, the owner of motor vehicle shall fill in application form of motor vehicle registration, and then apply for registration to the vehicle management station in the place where he has a domicile and deliver the vehicle for examination. For this purpose the owner shall show the following documents:
1. the owner s identity certificate;
2. official portrait of the applying vehicle ;
3. the origin proof of the motor vehicle, except those vehicles supervised by the customs;
4. qualification certificate of finished vehicles for the home-made motor vehicles and importing proof for imported vehicles;
5. Certificate of purchase tax payment or exemption.
Article 11 The vehicle management station shall register the following items:
Article 12 Within three working days after accepting the application, the vehicle management station shall examine the materials and vehicle according to Working Norm of Motor Vehicle Registration and determine registration number of vehicle, create files, issue number plate, drive certificate and registration certificate.
1.owner s name or name of his working unit, identity number or the unit s code number, address, zip code and telephone number;
2.type, manufacturer, brand, model, identification number(number of frame), engine number, body color of the motor vehicle;
3.relevant technical data of the vehicle;
4.utility nature of the vehicle;
5.acquiring method of the vehicle;
6.name and number of origin certificate, name and number of importing certificate of imported motor vehicle;
7.name and number of certificate for purchase tax payment or exemption;
8.kind and date of the vihicle insurance and the name of the insurance company;
9.name of the seller or transaction market and selling price of the motor vehicle;
10.date of registration;
11.other items that shall be registered according to laws and regulations.
Article 13 The vehicle shall not be registered if one of the following circumstances exists:
1. the materials submitted by the owner are invalid;
2. the owner s name or name of his working unit recorded in the owner s identity certificate does not accord with the materials recorded in the origin certificate of the motor vehicle;
3. the content recorded in materials provided by the owner according to Sections 3,4,5 of Article 10 of the Measures does not accord with this motor vehicle;
4. the owner s domicile is not in the administrative area of the vehicle management station;
5. the vehicle is smuggled, imported without certificate or illegally assembled with imported key parts or utilize the catalogue of home-made vehicle;
6. there is no national manufacturing license for the vehicle;
7. motor vehicle with right steering wheel or with steering wheel changed from right to left;
8. the motor vehicle has reached the national standard of scrapping or is assembled with parts from scrapped vehicles;
9. the motor vehicle inspection does not accord with national compulsory regulations;
10. the motor vehicle is stolen or robbed.
CHAPTER 3 REGISTRAION OF OWNERSHIP TRANSFER
Article 14 Where the ownership of the registered motor vehicle alters,
and the domiciles of the previous and present owners are in the same
administrative area of the vehicle management station, the present
owner shall fill in the application form of motor vehicle registration
and apply for transfer registration to the governing vehicle management
station within 30 days after the ownership transfers. Meanwhile the
owner shall deliver the vehicle for examination and show the following
materials:
Article 15 For an ownership transfer registration, the vehicle management station shall record the following items:
1. identity certificate of the present owner;
2. registration certificate of motor vehicle;
3. origin proof of the motor vehicle;
4. certificate of supervision dissolution of PRC s customs provided by the supervising customs if the motor vehicle is no longer under supervision of customs;
5. drive certificate of motor vehicle;
6. official portrait of the applying vehicle;
7. number plate of the vehicle if the number will be altered according to regulations.
1. the present owner s name, name of his working unit, number of identity or the working unit, address of his domicile, zip code, telephone number;
2. utility nature of the motor vehicle;
3. method of acquiring;
4. name, number of origin certificate, name and number of import certificate for imported motor vehicle;
5. name and number of certificate for supervision dissolution by PRC customs;
6. kind and date of the vehicle insurance and name of the insurance company;
7. name of vehicle seller or the transaction market and sale price of the vehicle;
8. date of transfer registration. Article 16 Within 3 working days after receiving the registration, the vehicle management station shall examine the materials, confirm the vehicle and test the safety of vehicle exceeding inspection period according to the Working Norm of Motor Vehicle Registration . The station shall record the ownership transfer on the registration certificate of motor vehicle for the application which accords with the Measures. For the vehicle that needs to alter its registration number, the station shall determine the number, withdraw the original numberplate, drive certificate and issue a new plate and drive certificate. For the motor vehicle that does not need to alter registration number, the station shall withdraw the drive certificate and issue a new one.
Article 17 The ownership transfer shall not be registered if one of the following circumstances exists:
1. the vehicle is not identical with the items recorded in the motor vehicle files;
2. customs supervision is not dissolved;
3. the vehicle is registered for mortgage;
4. the vehicle or its files are sealed up or seized by the people s court, the people s procuratorate and the administrative law enforcement agencies according to laws;
5. the conditions stipulated in sections 1,2,3,4,8,9,10 of Article 13 arise.
CHAPTER 4 REGISTRATIONS OF INCOMINIG AND OUTGOING
Article 18 If the registered vehicle s owner moves out from the original domicile of the administrative area of the vehicle management station, or if the ownership alters and the domicile of present owner is not in the previous administrative area of the vehicle management station, the present owner shall fill in the application form of motor vehicle registration, and within 30 days after he moves out or the ownership transfers, apply for outgoing registration in the administrative station and deliver the vehicle for examination. The owner shall show the following materials:
1. If the owner moves out from the original administrative area of the vehicle management station, the present owner shall submit the owner s identity document, registration certificate of motor vehicle, number plate and drive certificate. The owner of the vehicle under customs supervision shall also submit notice of drawing/canceling certificate for vehicles under customs supervision passing in/out of PRC produced by the supervising customs.
2. If the ownership transfers and the present owner no longer lives in the administrative area of previous vehicle management station, the owner shall submit materials as stipulated in Sections 1,2,3,4 of Article 14 of this Measures and hand in the number plate and drive certificate.
Article 19 For outgoing vehicles, the vehicle management station shall record the following items:
Article 20 Within 3 working days from accepting the application, the station shall examine the materials, confirm the vehicle according to Working Norm of Motor Vehicles Registration . For those which accord with the Measures, the station shall record the outgoing on the registration certificate, withdraw number plate, drive certificate and issue temporary number plate, seal up the files and give them to the owner.
1. present owner s name or name of his working unit, identity number or code of his working unit, address of domicile, zip code and telephone number;
2. name of incoming vehicle management station;
3. date of outgoing registration;
If the ownership transfers, the station shall register the following:
1. acquiring method of the motor vehicle;
2. name and number of origin certificate, name and number of import certificate for imported vehicles;
3. name and number of supervision dissolution certificate of PRC customs;
4. name of seller or transaction market and sale price.
Article 21 The station shall not register the outgoing if conditions stipulated in Article 17 of the Measures arise.
Article 22 Within 90 days after outgoing registration, the owner of the vehicle shall fill in application form of motor vehicle registration and apply for incoming registration and deliver the vehicle for examination to the incoming vehicle management station. The owner shall show the following materials:
Article 23 The vehicle management station shall record the following items for incoming registration:
1. identity certificate of the owner;
2. motor vehicle registration certificate;
3. files of motor vehicle;
4. official portrait of the incoming vehicle;
5. The owner of the vehicle under customs supervision shall also submit notice of drawing/canceling certificate for vehicles under customs supervision passing in/out of PRC produced by the supervising customs.
1. name of the owner or working unit, identity certificate number or code of working unit, domicile address, zip code, telephone number;
2. utility nature of the motor vehicle;
3. date of incoming.
Article 24 Within 3 working days after accepting the registration, the vehicle management station shall examine materials and vehicles according to the Working Norm of Motor Vehicle Registration . For those which accord with the Measures, the station shall determine the registration number, record incoming items on the certificate of motor vehicle registration, issue number plate and drive certificate.
If the ownership transfers, the following shall also be registered:
1. acquiring method of the motor vehicle;
2. name and number of origin certificate, name and number of importing certificate for imported vehicles;
3. kind and date of vehicle insurance and name of insurance company;
4. name of seller or transaction market and sale price.
Article 25 The incoming shall not be registered if one of the following circumstances exists:
Article 26 The registered motor vehicle shall apply for alteration registration if one of the following circumstances exists:
1. the owner arbitrarily alters or replaces the vehicle or its files;
2. the conditions stipulated in Article 17 of the Measures arise.
CHAPTER 5 ALTERATION REGISTRATION
Article 27 The vehicle management station shall register the following items:
1. the owner changes his name or name of his working unit;
2. the owner changes his domicile within the administrative area of the vehicle management station;
3. the vehicle body color changes;
4. the engine or fuel changes;
5. the vehicle needs to change body or frame of the identical model due to irreparable destruction;
6. the manufacturer changes the entire vehicle or engine, body, frame of the same model due to quality issues.
Article 28 Where conditions in Sections 1 and 2 of Article 26 arise, the owner shall fill in registration application form and apply for alteration registration with the following materials within 30 days after the alteration:
1. the altered name of the owner or the working unit;
2. the altered address, zip code and telephone number of the owner;
3. the name, address and telephone number of repair plant if the items belonging to Sections 3,4,5,6 of Article 26 arise;
4. the altered body color if the color has been changed;
5. the altered engine number and fuel kind if they have been changed;
6. the altered identity code, body color and the certificate of the manufacturer which is in charge of the alteration, if the entire vehicle or its body, frame changed;
7. number and name of the origin certificate of the engine, body or frame.
Article 29 On the date of accepting an application, the vehicle management station shall record the alteration on certificate of motor vehicle registration , withdraw the original motor vehicle drive certificate and issue a new one.
1. identity certificate of the owner;
2. certificate of motor vehicle registration ;
3. drive certificate of motor vehicle ;
4. official portrait of the applying motor vehicle.
Article 30 Where conditions in Sections 3 to 6 of Article 26 arise, the owner shall fill in motor vehicle registration application form prior to the alteration, and apply for alteration to the governing vehicle management station with the following materials and deliver the vehicle for examination:
The vehicle management station shall confirm the vehicle within one working day after accepting the application. The alteration shall be approved if it is in accordance with the Measures; the station shall appoint members to confirm the vehicle if it is too damaged to drive.
1. identity certificate of the owner;
2. motor vehicle registration certificate.
Article 31 Where the vehicle management station permits the alteration, the owner shall apply for alteration registration and deliver the vehicle for examination with the following materials:
Article 32 For the registered motor vehicle, the other registration items shall not be altered except as otherwise permitted by the Measures.
1. identity certificate of the owner;
2. motor vehicle registration certificate ;
3. motor vehicle drive certificate ;
4. official portrait of the applying vehicle;
5. proof of the repair plant;
6. certificate of origin of the altered engine, body or frame;
7. certificate provided by the manufacturer in charge of the alteration if the entire vehicle is altered due to quality issues.
With one working day after accepting the application, the vehicle management station shall examine the materials and vehicle. It shall record altered items on the motor vehicle registration certificate if such alteration is in accordance with the Measures, and issue a new motor drive certificate after withdrawing the original one.
CHAPTER 6 REGISTRATION OF MORTGAGE
Article 33 For the registered motor vehicle, where the mortgagor (the owner) mortgages the vehicle, the mortgagor and the mortgagee shall fill in motor vehicle registration application form and apply for registration to the governing vehicle management station with the following materials and deliver the vehicle for examination:
Article 34 The vehicle management station shall register the following items for mortgage registration:
1. identity certificates of the mortgagor and mortgagee;
2. motor vehicle registration certificate ;
3. the principal and mortgage contracts signed by the mortgagor and mortgagee according to laws.
Article 35 Within one working day after accepting the application, the vehicle management station shall examine the materials and vehicle according to Working Norm of Motor Vehicle Registration , and record the mortgage on motor vehicle registration certificate if such mortgage is in accordance with the Measures.
1. name of mortgagee or his working unit, identity certificate number or code of his working unit, address of his domicile and his telephone number;
2. the amount of mortgaged obligation;
3. numbers of principal and mortgage contracts;
4. date of mortgage registration.
Article 36 The mortgages shall not be registered if one of the following circumstances exists:
Article 37 Where the mortgaged vehicle is re-mortgaged by the mortgagor during the period of mortgage, it shall be registered according to Articles 33,34,35,36 of the Measures.
1. The materials provided by mortgagor and mortgagee according to Sections 1,2 of Article 33 are invalid;
2. The motor vehicle is not identical with its files;
3. The customs supervision on the motor vehicle is not dissolved;
4. The vehicle or its files are legally sealed up or seized by the people s court, the people s procuratorate or administrative enforcement agency.
Article 38 Upon termination of mortgage or need for ownership transfer registration, the mortgagor and mortgagee shall fill in motor vehicle registration application form and jointly apply for registration of mortgage termination to the governing vehicle management station with the following materials:
Article 39 Within the accepting day, the vehicle management station shall record the mortgage cancellation and the date of mortgage cancellation on the motor vehicle registration certificate .
1. identity certificates of mortgagor and mortgagee;
2. motor vehicle registration certificate .
Article 40 The dates of mortgage registration and cancellation and the amount of mortgaged obligation may be available for public inquiry.
CHAPTER 7 REGISTRATION OF DRIVE TERMINATION, RESUMPTION AND TEMPORARY ENTRANCE
Article 41 Where the registered vehicle terminates or resumes driving, the owner shall fill in motor vehicle registration application form and apply for termination or resumption registration to the governing vehicle management station with the following materials:
Article 42 Within the date of accepting an application, the vehicle management station shall record the termination or resumption on the motor vehicle registration certificate , withdraw or return numberplate and motor vehicle drive certificate . Upon resumption of driving, the vehicle shall be qualified after examination if the vehicle exceeds the test period.
1. identity certificate of the owner;
2. motor vehicle registration certificate ;
3. returning the numberplate and drive certificate if the owner applies for drive termination.
Article 43 For the temporary entrance into our country of foreign vehicles, the owner shall apply for temporary entrance registration to the vehicle management station in the place of entry.
Relevant regulations in the management measures concerning temporary entering vehicles and drivers shall apply to the application and handling of temporary entrance registration.
CHAPTER 8 REGISTRATION OF CANCELLATION
Article 44 Where the registered motor vehicle is up to the national standard of scraping, lost or no longer runs for some reason within our country, the owner shall fill in motor vehicle registration application form and apply for cancellation registration to the governing vehicle management station with the following materials:
Article 45 On the date of accepting an application, the vehicle management station shall record the cancellation on the motor vehicle registration certificate and withdraw the numberplate, drive certificate and registration certificate. It shall announce the invalidity of the numberplate and drive certificate if these two are not recoverable due to loss of the vehicle.
1. identity certificate of the owner;
2. motor vehicle registration certificate ;
3. notice of drawing/canceling certificate for vehicles under customs supervision passing in/out of PRC
4. returning the number plate and motor drive certificate
Article 46 The files will be automatically cancelled if the registered motor vehicle is not applied for cancellation within one year after it is up to the national compulsory scraping standard. The motor vehicle management station shall make an announcement that the numberplate of the car, motor vehicle drive certificate, and the motor vehicle registration certificate become in valid.
Article 47 Where the owner obtains number plate, drive certificate and registration certificate with false materials, certificates and the like that are found out by the people's court, the people s procuratorate and public security agency or other administrative enforcement agency, the vehicle management station shall cancel the files, withdraw the number plate, drive certificate and registration certificate.
CHAPTER 9 NUMBER PLATE AND DRIVE CERTIFICATE OF MOTOR VEHICLES
Article 48 The motor vehicle numberplate is the statutory mark for those vehicles permitted to run within our country, with its number as the code of registration. The motor vehicle drive certificate is the statutory document for the permission of the vehicles to run within our country.
Article 49 Where the number plate and drive certificate are extinguished or lost, the motor vehicle owner shall fill in the motor vehicle registration application form and apply for re-issuance to the governing vehicle management station with the following materials:
Article 50 The vehicle management station shall examine the materials submitted by the owner and record the re-issuance of numberplate and drive certificate on the motor vehicle registration certificate . If the numberplate is extinguished or lost, the station shall reissue within 30 working days after accepting the application and the original number shall not be altered. The station shall grant a temporary numberplate to the owner during the period of re-issuance. The motor vehicle drive certificate shall be reissued on the date of its extinguishment or loss.
1. identity certificate of the owner;
2. motor vehicle registration certificate.
Article 51 Where the number plate or drive certificate is not identifiable, the owner shall fill in motor registration application form and apply for re-issuance to the governing vehicle management station after returning the number plate or drive certificate. The numberplate shall be reissued within 30 working days after the accepting day and the drive certificate shall be reissued upon the accepting day.
CHAPTER 10 CERTIFICATE OF MOTOR VEHICLE REGISTRAITON
Article 52 The motor vehicle registration certificate is proof of the vehicle s registration and records the registered items stipulated in the Measures.
The certificate will not be carried with the vehicle. The previous owner shall transfer the certificate to the present owner together with the transfer of the vehicle.
Article 53 Where the motor vehicle registration certificate is extinguished or lost, the owner shall fill in the motor vehicle registration application form , apply for re-issuance to the governing vehicle management station and deliver the vehicle for examination with the following materials:
1. identity certificate of the owner;
2. drive certificate of motor vehicle.
Article 54 The vehicle management station shall declare the original registration certificate invalid and reissue a certificate after 30 days after accepting the application. It shall also record the re-issuance and relevant items recorded before the issuance on motor vehicle registration certificate . The station shall terminate any registration work of this vehicle from the accepting day to the reissuing day.
Article 55 Where the motor vehicle registration certificate is not discernable, the vehicle owner shall fill in motor vehicle registration application form and apply for re-issuance to the governing vehicle management station while returning the registration certificate. Such certificate shall be reissued upon the day of acceptance.
Article 56 Where the registered vehicle is legally confiscated and auctioned by administrative enforcement agency, or is transferred according to arbitration award or mediation, adjudication and decision of the court, if the previous owner has not provided registration certificate, the present owner shall submit the proof of unavailability of registration certificate provided by administrative enforcement agency or notice on execution assistance made by the people s court when he applies for registration of transfer or outgoing. The vehicle management station shall declare the original registration certificate invalid and reissue motor vehicle registration certificate while registering ownership transfer or outgoing.
CHAPTER 11 FILES MANAGEMENT OF MOTOR VEHICLES
Article 57 The motor vehicle management station shall create files
for each vehicle that shall not be altered, scribbled, intentionally
damaged or forged by any unit or any individual.
Article 58 When looking up the vehicle s files in the vehicle management
station for the cause of handling cases, the people s court, the
people s procuratorate, public security agency or other administrative
enforcement agency, organs of discipline inspection, and public notary,
arbitration, law firms shall produce the official letter and working
certificate of the worker; and the owner shall produce identity card
and registration certificate for motor vehicle when looking up his
own vehicle files. The vehicle management station shall according
with relevant regulations on files checking allow them to.
Article 59 The people s court, the people s procuratorate, public
security organ shall produce official letter when requiring to seal
up the motor vehicle files.
The vehicle management station shall terminate any registration business
of the vehicle upon the accepting day. When receiving official letter
from the original organ on dissolution of sealing, the vehicle management
station shall dissolve the sealing and resume registration business
immediately.
Article 60 The motor vehicle files shall be destroyed after two years
preservation from the day of cancellation registration.
CHAPTER 12 MISCELLANEOUS ISSUES
Article 61 The vehicle owner may entrust an agent with registration
business except applying for reissuing of registration certificate.
When applying for registration, the agent shall submit his identity
certificate and the motor vehicle registration application form
jointly signed by the owner and the agent.
The vehicle management station shall record the agent s name or his
working unit, identity certificate number or code of his working unit,
domicile address and telephone number.
The seller of motor vehicle acting as agent for motor vehicle registration
shall put on record in the vehicle management station with the business
license issued by industry and commerce department.
Article 62 The vehicle owner shall require the governing vehicle management
station to correct if he finds errors on drive certificate or registration
certificate. The vehicle management station shall withdraw the drive
certificate or the registration certificate and reissue such documents
within 3 working days.
The vehicle management station shall notify the owner to return the
drive certificate or registration certificate and reissue such documents
if it finds errors on the drive certificate or registration certificate.
Article 63 With temporary residential certificate of over one
year s validity issued by the public security organ, those who have
stayed in the regular residence for over one year may apply for registration
of buses with fewer than 9 seats or motorcycles
Article 64 Any unit or individual is forbidden from the following
activities:
1. forging number plate, drive certificate or registration certificate of the motor vehicle;
2. using the forged number plate, drive certificate or registration certificate;
3. borrowing, misappropriating, scribbling the number plate, drive certificate or registration certificate;
4. defrauding the vehicle station of new number plate, drive certificate or registration certificate by announcing that the number plate, drive certificate, or registration certificate are destroyed or lost;
5. detaining the number plate, drive certificate or registration certificate illegally.
Article 65 The installation of number plate shall satisfy the flowing requirements:
1. the front number plate shall be installed in the middle or to the right of the front part of the vehicle, and the back one installed in the middle or to left of the rear part. It shall not be deformed or covered and shall be level in breadth and vertical in length without upside down.
2. the temporary number plate shall be placed inside of the front window; and without driver s cab, it shall be carried with the vehicle;
3. except number plates of temporary vehicles and instruction carriages, all the number plates of motor vehicles shall be sealed and fixed in uniform devices.
CHAPTER 13 LEGAL LIABILITY
Article 66 The sanctions for the violators shall be executed by departments of pubic security and communication management agencies above county level, except as otherwise stipulated by laws and regulations.
Article 67 Where the vehicle owner violates Articles 14,18,22,28 of the Measures by failing to register within time limit, he shall be imposed a fine of 200 yuan.
Article 68 Where the vehicle owner violates Article 30 of the Measures by arbitrarily altering, replacing or refitting the vehicle without approval, he shall be imposed a fine of 500 yuan. If not qualified after examination, the vehicle shall be ordered to refit and the drive certificate to be seized.
Article 69 Where the vehicle owner violates Article 32 of the Measures by altering, replacing or refitting the unchangeable items, he shall be ordered to restore the original condition and imposed a fine of 1000 yuan, and the number plate and drive certificate shall be seized.
Article 70 The following sanctions shall be imposed on the violator of Article 64 (1) of the Measures who forges number plate, drive certificate or registration certificate:
1. withdrawing the forged number plate, drive certificate and registration certificate and imposing a fine of 1000 yuan for those violations without purpose of profit making;
2. withdrawing the forged number plate, drive certificate and registration certificate for those violators with purpose of profit making; imposing a fine of less than 10000 yuan for the violator without illegal profit ; imposing a fine of below three times of the illegal profit, if any, within the maximum of 30000 yuan. If such activity constitutes a crime, criminal penalty shall be imposed on the violator.
Article 71 If the owner violates Section 2 of Article 64 of the Measures by using forged number plate, drive certificate and registration certificate, the forged number plate, drive certificate and registration certificate shall be withdrawn together with a fine of 1000yuan.
Article 72 Where the owner violates Section 3 of Article 64 of the Measures by borrowing, misappropriating, scribbling the number plate, drive certificate and registration certificate, he shall be punished according to Penalty Rules of PRC on Public Security Management and Management Regulations of PRC on Road Communication .
Article 73 Where the owner violates Section 4 of Article 64 of the Measures by defrauding the vehicle station of number plate, drive certificate and registration certificate with the reason of loss, such number plate, drive certificate and registration certificate shall be withdrawn together with a fine of 1000 yuan.
Article 74 Where the owner violates Article 57 of the Measures by arbitrarily altering, scribbling, damaging or forging vehicle files, he shall bear the legal responsibility according to Files Law of PRC and its implementing measures.
Article 75 Where the vehicle management station violates the Measures by refusing to register the vehicle, or the owner and the mortgagee have objection to the administrative punishment imposed by the public security and communication management department, the owner or the mortgagee may apply for administrative reconsideration or bring an administrative lawsuit according to laws.
Article 76 The person directly responsible shall be imposed disciplinary or criminal sanction if one of the following circumstances exists; if such activity constitutes a crime, criminal penalty shall be imposed on the violaters:
1. the staff of the vehicle management station refuse to register the vehicles according with the Measures;
2. the staff of the vehicle management station register the vehicles which do not accord with the Measures;
3. staff in higher authorities of the vehicle management station force the vehicle management station to violate the Measures by registering vehicles;
4. the staff in vehicle management station illegally provide number plate or facilitate the illegal obtaining of number plate;
5.the staff of vehicle management station demand or accept properties taking the advantage of their positions;
6.other activities violating the laws or disciplines in vehicle registration.
Article 77 When registering vehicles, if the vehicle management station finds out smuggling, no import certificate, illegal assembly, using home-made vehicle category or suspicion of theft or robbery of the vehicle, or registration with false materials, false certificates, it shall seize the vehicle and relevant materials. It shall inquire interested persons, make notes and transfer to relevant departments.
CHAPTER 14 SUPPLEMENTARY PRINCIPLES
Article 78 Working Norm of Motor Vehicle Registration shall be stipulated by the Ministry of Pubic Security and promulgated to the public.
Article 79 Relevant charging items and standard for the vehicle registration shall be enforced according to the regulations of price and finance authorities of the state council.
Article 80 Number plate, types and styles of the motor vehicle drive certificate and motor vehicle registration certificate and registration documents shall be made by the Ministry of Public Security. The motor vehicle registration certificate shall be printed by the Ministry of Pubic Security.
Article 81 Above , below and the like in the Measures shall include the given figure.
Article 82 The meanings of the following terms in the Measures:
10. acquiring method shall refer to purchase, mediation, adjudication and decision of the people s court, arbitration award, inheritance, grant, agreement on debt offset, restructure of assets, entire transaction of asset, allocation and so on.
1. Motor vehicle shall refer to the vehicle driven or drawn by power device for the purpose of traveling, carrying or special work. It shall include various cars, motorcycles, agriculture transporters, tramcars, trolleybuses, special wheel machinery vehicles, walking tractors, deformed transport vehicles of walking tractors and the drawn semi-trailers and trailers.
2. Imported motor vehicles shall refer to:
a. imported vehicles from designated ports;
b. other motor vehicles from various ports;
c. motor vehicles supervised by customs;
d. motor vehicles that are smuggled, imported without legal import certificate and illegally assembled with imported key parts and are confiscated by law enforcement agencies authorized by the state.
3. import certificate shall refer to :
a. the imported commodity certificate issued by customs of designated ports for the imported cars;
b. imported commodity certificate issued by customs of various ports for other imported motor vehicles;
c. notice of drawing/canceling certificate for vehicles under customs supervision passing in/out of PRC produced by the supervising customs.
d. certificate of confiscating smuggled cars and motorcycles issued by law enforcement agencies that are authorized by the state to confiscate the smuggled vehicles, vehicles without import certificate or those illegally assembled with imported key parts.
4. the owner of motor vehicle shall refer to the individual or unit that owns the motor vehicles;
5. Individual shall refer to the citizens in the mainland, servicemen and residents in special administrative zones of Hong Kong, Macao, and citizens of Taiwan and foreigners.
6. Unit shall refer to administrative, institutional, enterprise and social organization such as institutions, schools, factories, companies, embassies, consulates and representative offices of foreign organs in PRC.
7. The identity certificate shall refer to :
a. code certificate of organization structure of administrative, institutional, enterprise and social organization such as institutions, schools ,factories, companies;
b. certificate produced by the embassies, consulates or representative offices in PRC;
c. identity card or residence book issued by public security organs for a citizen; identity card and temporary residence certificate valid for over one year issued by pubic security organs for those whose regular residence and registered permanent residence are not in the same administrative area of the vehicle management station;
d. serviceman identity document issued by the people s liberation army or the people s armed police forces, and certificate of domicile produced by units above regimental level;
e. residential proof issued by pubic security agencies for citizens of special administrative zones of Hong Kong, Macao, citizens of Taiwan and foreigners.
8. domicile shall refer to:
a. locality of a unit s main operation organ;
b. the place of an individual s registered residence or regular living place where he stays over one year.
9. address of domicile shall refer to:
a. address recorded in code certificate of organization structure of a unit;
b. address recorded in residence book or identity card or temporary residence certificate of a citizen;
c. address recorded in the certificate produced by unit above regimental level for a serviceman;
d. address recorded in the residential proof for citizens of special administrative zones of Hong Kong, Macao and citizens of Taiwan, foreigners.
11. Certificate of origin shall refer to :
a. uniform sale invoice or the old transaction invoice for the motor vehicles purchased domestically; sale invoice made by the seller for the vehicles purchased abroad;
b. the effective mediation, adjudication or decision of the people ês court and notice on execution assistance produced by the people s court, for the motor vehicles transferred according to the court s mediation, adjudication or decision;
c. arbitration award and notice on execution assistance produced by the people s court ,for the motor vehicles transferred according to arbitration award;
d. relevant documents of inheritance, grant, agreement on debt offset and notary certificate made by notary organs for the inherited, granted vehicles or those agreed for debt offset;
e. approval documents of asset administration for the motor vehicles included in the assets restructure or entire assets transaction;
f. the national uniform motor vehicle sales invoice and the allocation certificate produced by subordinated unit for the motor vehicles that are purchased by institutions and allocated to the subordinate units without registration;
g. allocation certificate made by subordinate department for the vehicles that are registered and allocated to the subordinate unit;
h. invoice made by the seller or repair plant for the vehicles with replaced engine, body or frame.
Article
83 The Measures shall come into force as of October 1, 2001.
