Chapter I General Provisions
Article 1 These Measures are formulated in accordance with relevant laws and regulations for the purpose of implementing the Law on the Prevention and Control of Air Pollution and Several Opinions of the State Council on Promoting Fair Market Competition and Maintaining Normal Market Order (Guo Fa [2014] No.20), promoting and standardizing the disclosure of technical information on automobile maintenance, promoting fair competition in the automobile maintenance market, ensuring the quality and operational safety of automobile maintenance, and protecting the legitimate rights and interests of consumers in using and maintaining automobiles.
Article 2 These Measures shall apply to the disclosure, supervision and management of technical information on vehicle maintenance sold in China.
Article 3 The disclosure of automobile maintenance technical information shall follow the principles of fairness and justice, honesty and trustworthiness, independent disclosure, convenience for users and protection of intellectual property rights.
Automobile producers shall disclose the maintenance technical information of the automobile models they sell to all maintenance operators and consumers in the form of available information, convenient information channels and reasonable information prices, and shall not discriminate or delay; It is not allowed to exclude or restrict competition, block or monopolize the automobile maintenance market by setting up technical barriers. At the same time, automobile producers should disclose the technical information of automobile maintenance to the users of relevant social information.
Article 4 The Ministry of Transport shall be responsible for the guidance, coordination, supervision and management of the disclosure of automobile maintenance technical information. Environmental protection, commerce, industry and commerce, quality inspection, certification and accreditation, intellectual property rights, insurance and other relevant departments are responsible for relevant supervision and management within their respective responsibilities.
The Ministry of Transport shall, jointly with relevant departments, set up an expert committee on the implementation of automobile maintenance technical information disclosure, which shall be responsible for the policy consultation, standard review, technical appraisal and dispute mediation in the implementation of the automobile maintenance technical information disclosure system; Take the way of government purchasing services, entrust technical support units to carry out the specific work of automobile maintenance technical information disclosure.
Chapter II Requirements for Disclosure of Automobile Maintenance Technical Information
Article 5 An automobile production enterprise shall formulate its own specifications for the disclosure of automobile maintenance technical information, clarify the responsible departments and responsibilities, and be responsible for the disclosure of maintenance technical information of automobile models that have been certified by the State CCC and have been put on the market. Automobile producers shall be responsible for the authenticity, accuracy and completeness of the information disclosed.
Article 6 An automobile production enterprise shall file the following work information with the Ministry of Transport.
(a) the basic situation of automobile production enterprises;
(two) the catalogue of automobile models that the enterprise has listed for sale;
(3) Information disclosure, that is, automobile manufacturers organize or entrust third-party organizations to disclose information, including information disclosure methods, channels, website names, websites and other information. If the information disclosure is undertaken by a third party organization, it shall also provide its relevant information and contact information;
(4) A statement that the automobile manufacturer has fulfilled the obligation to disclose the technical information of automobile maintenance according to law and protected the intellectual property rights such as trade secrets, patents and trademarks;
(5) the supervision account and key used for government supervision and free access to the information disclosure website.
If the enterprise filing information changes, the automobile production enterprise shall update the filing in time. Automobile producers shall report the information disclosure of their own maintenance technology to the Ministry of Transport every year.
Article 7 Users of automobile maintenance technical information are divided into users directly used for automobile maintenance purposes and users used for other commercial purposes. The former includes various maintenance operators and consumers, while the latter includes manufacturers of maintenance diagnostic tools and equipment, parts manufacturers, publishers, insurance companies and training institutions.
In the process of making and generating the technical data of automobile maintenance, automobile manufacturers need to provide relevant spare parts data for the suppliers of automobile production, and the suppliers of spare parts should cooperate with them.
The Ministry of Transport can dynamically manage the information disclosure catalogue according to the development of automobile technology and the demand of the maintenance market.
Article 9 An automobile production enterprise may be exempted from disclosing the following information, but it shall explain it to the Ministry of Transport when necessary.
(a) Information related to the programming and setting of the vehicle anti-theft control system (including the car key chip). Except for the operators authorized by automobile production enterprises to carry out the maintenance of automobile anti-theft control system;
(2) Information about the control and operation of the underlying system to prevent the original program, original calibration data and original data records of the vehicle powertrain and emission control system from being erased and tampered with;
(3) Relevant information that involves the commercial secrets of automobile producers and parts suppliers and affects their application of intellectual property rules according to law;
(4) Other relevant information protected by national laws and regulations.
Article 10 The disclosure of automobile maintenance technical information shall be conducted through online information disclosure. In principle, automobile production enterprises should provide users with maintenance technical information by directly or authorizing third parties to set up network information disclosure systems (including websites and online information retrieval and reading systems).
A third-party organization entrusted by an automobile production enterprise to undertake the disclosure of automobile maintenance technical information shall abide by the agreement of both parties and disclose relevant information timely, accurately and fully in accordance with the provisions of these Measures, and shall not affect the normal use of users.
Article 11 An automobile manufacturer shall take necessary measures to ensure that the information disclosure system has the following functions, can provide relevant services and meet relevant requirements:
(1) has the Chinese version, and has the functions of user registration, information indexing, inquiry, online printing, online payment, etc., so as to ensure that users can quickly and accurately associate and inquire about relevant vehicle types and their maintenance technical information through information such as vehicle model year or vehicle identification number (VIN);
(two) safe and reliable, to ensure the safety of user information, to provide users with stable and uninterrupted information access services;
(3) Express the minimum hardware configuration and software requirements of computer terminals that can be used to access and browse websites; If you need a software client or related reading software to browse information, you should provide the software client free of charge, or recommend commonly used document browsing and reading software;
(four) express the copyright, paid use rules and tort legal liability of the technical information of automobile maintenance published on the website;
(five) clearly indicate the information service items, tariff standards and payment methods that can be provided to information users, as well as the technical basis that should be possessed to carry out related maintenance operations;
(six) express, mark the modified or adjusted maintenance technical information items or contents, remind users to know the update and correction of relevant information in time, and prevent the information from being misused and misused, resulting in serious consequences;
(seven) to provide instructions for the use of the website and necessary help;
(eight) to provide the contact address, telephone number, email and other contact information of automobile producers and information providers;
(nine) to provide interactive services such as user complaints and suggestions;
(ten) support and the Ministry of transport vehicle maintenance technical information disclosure supervision and service network platform, the third party website links.
Except in the case of force majeure, if the information disclosure website cannot be accessed normally due to failure, system upgrade and other reasons, the automobile production enterprise shall make a timely announcement to the public.
Article 12 An automobile production enterprise shall provide information users with optional user access rights (i.e. information service items) that can meet different information use needs such as temporary, short-term or long-term. Different users have different access rights, except that they can effectively connect to the website and have different access rights for the length of time they use the website information, the information content they access and browse should be consistent.
Based on the access rights of various users, information users should be able to search, query and browse all types of maintenance technical information published on the website, and print no more than a limited number of technical documents each time they log in. An automobile production enterprise shall ensure that its after-sales service authorizer is consistent with the information content of the websites visited and browsed by other automobile maintenance operators.
Thirteenth automobile manufacturers can provide paid services to automobile maintenance operators and consumers, and set corresponding charging standards for information users with different access rights, but they shall not charge separately according to the number of vehicle information retrieved and used by users.
Automobile production enterprises can independently price maintenance technical information according to law, and the price should be fair and reasonable. The relevant price behavior of automobile producers should abide by the provisions of the price law.
Article 14 If information users other than automobile maintenance operators and consumers need to obtain maintenance technical information, they shall conclude a written contract with the automobile production enterprise, and the information price shall be determined by both parties through consultation, but it shall be fair, just and reasonable.
Fifteenth automobile models that have obtained CCC certification since the date of implementation of these Measures, automobile production enterprises shall disclose the maintenance technical information within 6 months from the date of listing of the models, and publish the listing time of relevant models on the information disclosure website.
The vehicle launch date is subject to the CCC certification date of the relevant vehicle.
It is estimated that the annual sales of passenger cars of the same model will be less than 500, and the annual sales of passenger cars, trucks and semi-trailer tractors will be less than 50. Relevant maintenance technical information can be disclosed in the form of paper documents, CDs and other media, and the request method should be published in a way that is easy for the public to know.
If the cumulative sales volume of the above-mentioned passenger car models exempted from online disclosure reaches 1 000, or the cumulative sales volume of passenger cars, trucks and semi-trailer tractors exempted from online disclosure reaches 200, the maintenance technical information of relevant models shall be transferred to online disclosure.
Article 16 The maintenance technical information of each vehicle model shall be publicly saved 10 year from the date when the vehicle model is listed; If the age exceeds 10, the automobile production enterprise may archive the relevant vehicle information, but it shall announce the acquisition method of the relevant vehicle information.
Seventeenth encourage automobile manufacturers and parts suppliers to provide maintenance technical training to all kinds of maintenance operators directly or by entrusting a third party organization, so as to improve the ability of maintenance operators to effectively obtain and correctly use maintenance technical information.
Article 18 In case of bankruptcy, merger, division or change of automobile producers, the responsibilities and obligations of automobile maintenance information disclosure shall be implemented in accordance with relevant laws and regulations.
Chapter III Responsibilities and Obligations of Information Users
Nineteenth all kinds of maintenance operators shall, in accordance with the requirements of the Regulations on the Administration of Motor Vehicle Maintenance, establish and improve the quality management system of automobile maintenance, and perform the responsibility of maintenance quality according to law. Maintenance operators shall carry out maintenance operations in accordance with national and industry standards and maintenance technical data provided by automobile manufacturers to ensure maintenance quality; According to the provisions of the issuance of "motor vehicle maintenance completion certificate", to fulfill the responsibility of motor vehicle maintenance quality assurance period.
Twentieth maintenance diagnostic tools and equipment manufacturers, accessories manufacturers should actively use the maintenance technical information, research and development, production of various types of automobile maintenance diagnostic tools, equipment and qualified accessories, to provide sufficient market choices for maintenance operators and consumers.
Article 21 All information users and third-party institutions undertaking the disclosure of maintenance technical information shall abide by the laws and regulations of the state on intellectual property protection, and shall not infringe the copyright of maintenance technical information of automobile production enterprises in any form. Information users shall abide by relevant agreements and shall not use information beyond the scope specified by automobile manufacturers. Without the authorization of the automobile manufacturer, the information user shall not use the obtained maintenance technical information for resale, publication, publicity or other commercial purposes.
Chapter IV Supervision, Inspection and Market Supervision
Article 22 The public supervision and management of automobile maintenance technical information shall be fair, just, open, convenient for the people, subject to supervision according to law, and promote fair market competition and intellectual property protection.
Article 23 The Ministry of Transport shall strengthen the supervision and management of the disclosure of automobile maintenance technical information, establish and improve the supervision and inspection system, conduct random checks on the implementation of the disclosure of maintenance technical information from time to time, and regularly evaluate the implementation effect of the disclosure of information; We should make full use of information technology, establish and improve the supervision and service network platform of automobile maintenance technology information disclosure, provide authoritative and convenient information services for the society, and improve the supervision level of information disclosure subjects.
Entrusted by the Ministry of Transport, the provincial department in charge of transportation can supervise and manage the automobile producers' performance of the obligation to disclose maintenance technical information within their respective administrative areas.
Twenty-fourth relevant automobile manufacturing industry associations should strengthen industry self-discipline and urge automobile producers to implement the information disclosure system of automobile maintenance technology; We should actively play the role of bridge and link, collect and sort out the opinions and suggestions of automobile producers, and reflect them to relevant departments in time to safeguard the legitimate rights and interests of automobile producers.
Automobile maintenance, automobile maintenance equipment, automobile insurance and other related industry associations and third-party institutions may put forward opinions and suggestions for improvement and perfection to automobile producers if they think that there are problems or deficiencies in the information disclosure of automobile manufacturers' maintenance technology; You can also make comments and suggestions to the Ministry of Transport.
Twenty-fifth automobile maintenance file management to implement the electronic file management system. The Ministry of Transport should use information technology to establish and improve the national automobile electronic health record system platform, and provide effective means and basis for improving repair records, improving maintenance quality, transparent market service, promoting the "three guarantees" of automobiles and recalling defective automobile products, and protecting consumers' legitimate rights and interests.
Article 26 The Ministry of Transport, together with the General Administration of Quality Supervision, Inspection and Quarantine and the State Certification and Accreditation Administration, shall establish an information sharing mechanism for automobile product CCC certification and after-sales service, and share relevant information such as automobile producer filing, automobile electronic health records, automobile product CCC certification, defective automobile product recall and automobile "three guarantees" management, so as to improve the supervision and service level of automobile producers.
Article 27 The Ministry of Transport and the Ministry of Environmental Protection shall strengthen the coordination of technical information related to automobile pollutant emission control and the implementation of pollution control and automobile inspection and maintenance systems, establish an information sharing mechanism, enjoy the electronic data recording information of automobile exhaust and noise pollution control device maintenance in time, and promote automobile pollutant emission control.
Twenty-eighth industrial and commercial administrations and market supervision departments at all levels can make use of the technical information of automobile maintenance disclosed by automobile production enterprises when investigating cases of unfair competition and consumer infringement in the operation of automobiles and parts.