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PROVISIONS ON MOTOR VEHICLE REGISTRATION |
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(Order of the Ministry of Public Security of the People's Republic of China (No.72), April 30, 2004: The Provisions on Motor Vehicle Registration, which were adopted at the executive meeting of the Ministry of Public Security on April 30, 2004, are hereby promulgated, and shall come into force as of May 1, 2004) |
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SUBJECT : MOTOR VEHICLE REGISTRATION |
ISSUING DEPARTMENT : MINISTRY OF PUBLIC SECURITY OF THE PEOPLE'S REPUBLIC OF CHINA |
ISSUE DATE : 04/30/2004 |
IMPLEMENT DATE : 05/01/2004 |
LENGTH : 6,492 words |
TEXT : |
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TABLE OF CONTETNS
CHAPTER I GENERAL PROVISIONS CHAPTER II REGISTRATION Section 1 Initial Registration Section 2 Alteration Registration Section 3 Transfer Registration Section 4 Mortgage Registration Section 5 Cancellation Registration CHAPTER III MISCELLANEOUS PROVISIONS CHAPTER IV SUPPLEMENTARY PROVISIONS
CHAPTER I GENERAL PROVISIONS
Article 1. The present Provisions are hereby formulated in accordance with the Law of the People's Republic of China on Road Traffic Safety and its detailed implementation regulations.
Article 2. The power to implement the present Provisions shall remain with the public security organs in charge of traffic control.
The vehicle administration offices of the public security organs in charge of traffic control of the municipalities directly under the Central Governments, those of the public security organs in charge of traffic control of the cities divided into districts or those equivalent to the same level shall be responsible for handling the business of registration for motor vehicles within their own administrative regions. The scope for handling motor vehicle registration by the public security organs in charge of traffic control at the county level shall be determined by the public security organs in charge of traffic control at the provincial level.
The registration of police vehicles shall be handled by the public security organs in charge of traffic control at the provincial level.
Article 3. The principles of openness, fairness and convenience for the people shall be followed for handling the registration of motor vehicles by the vehicle administration offices.
The vehicle administration offices shall, when accepting applications for motor vehicle registration, complete the registration within a prescribed time limit for those applicants, who have complete application documents that comply with laws and administrative regulations and the present Provisions. If the application documents are incomplete or have other circumstances not in conformity with the legal forms, the said offices shall notify the applicants of the whole contents that need to be supplemented concurrently. In case the application does not conform to the relevant provisions, the reasons for not accepting the application or registration shall be explained.
The vehicle administration offices shall make a public notice at the registration place on the items, conditions, basis, procedures, time limit and charging standards, documents that should be submitted, and the model texts of the application letter for the registration of motor vehicles prescribed by laws and administrative regulations and the present Provisions.
The public security organs in charge of traffic control at the provincial level shall set up a homepage in the internet, and release information for the convenience of the mass people to consult the relevant provisions on vehicle registration, download and use the relevant tables.
Article 4. The vehicle administration offices shall handle motor vehicle registration by using the computer registration system, and establish a database. If any of them fails to use the computer registration system to make registration, its registration shall be deemed as invalid.
The standards for the computer registration system database and the registration software shall be unified all over the country. The database shall be able to record the registration contents completely and accurately, and can record the handling process and the information regarding the handling personnel, and can transmit the registration contents to the national public security traffic control information system in real time.
CHAPTER II REGISTRATION
Section 1 Initial Registration
Article 5. In case an applicant applies for the issuance of license plate or driving permit for the first time, he/it shall, before applying for registration of the vehicle other than those models of vehicles determined by the competent state departments in charge of motor vehicle products to be exempted from being inspected, make security technology inspection on the motor vehicle at the motor vehicle security technology inspection institutions, and obtain the certificate of conformity for security technology inspection.
Article 6. When applying for initial registration, an applicant shall fill in the Application Form for Motor Vehicle Registration/Transfer, and shall submit legal certificates and proofs, and turn in the motor vehicle for inspection.
The vehicle administration offices shall, within five days from accepting the application, check the type of the vehicle, factory name and model, color, engine number, vehicle identification number (vehicle frame number), and the main character and technical parameter, and verify the film of rubbing of the vehicle identification number (vehicle frame number), and make examination on the certificates and proofs submitted, as well as review and issue the vehicle registration number, license plate, driving permit and mark of conformity for inspection.
Article 7. The vehicle administration offices shall register the following contents when handling the registration:
(1) The vehicle registration number and the vehicle registration certificate number;
(2) The name or entity name of the owner of the vehicle, name and number of the identity certificate, address of residence, postal code, and contact telephone;
(3) The type, manufactory, brand, model, vehicle identification number (vehicle frame number), engine number, date of manufacture, color of the bodywork of the vehicle;
(4) The relevant technical data of the vehicle;
(5) The quality for the use of the vehicle;
(6) The ways of obtaining the vehicle;
(7) The name and number of the proof of source of the vehicle, and the name and number of the proof of import of the imported vehicle;
(8) The name and number of the duty paid or tax exemption certificate of vehicle purchase tax;
(9) Date for the vehicle of handling the mandatory insurance for the third party liability and the name of the insurance company;
(10) The body models of the vehicle recorded in the picture of the vehicle;
(11) Date of registration; and
(12) Other matters concerned that need to be registered prescribed by laws and administrative regulations.
Article 8. No registration shall be handled under any of the following circumstances:
(1) The certificates and proofs submitted by the owner of the vehicle are invalid;
(2) The proof of source of the vehicle has been altered, or the owner of the vehicle recorded in the proof of source of the vehicle is inconsistent with the identity certificate;
(3) The certificates and proofs submitted by the owner of the vehicle are inconsistent with the vehicle;
(4) The production and sale of the vehicle have not been permitted by the competent state departments in charge of vehicle products, or the import of the vehicle has not been approved by the competent state departments of vehicle import;
(5) The relevant technical data of the vehicle is inconsistent with the data announced by the competent state departments in charge of vehicle products;
(6) The vehicle has reached the standards of mandatory discarding as useless prescribed by the state;
(7) The vehicle is one that is stolen or robbed; or
(8) Other circumstances not corresponding with the provisions of laws and administrative regulations.
Section 2 Alteration Registration
Article 9. The Application Form for Motor Vehicle Alteration Registration shall be filled out and the legal certificates and proofs shall be submitted when applying for alteration of the color of the bodywork of vehicles, alteration of the bodywork or vehicle frame.
The vehicle administration offices shall make decisions on whether to grant the alteration within one day as of accepting the application. In case an alteration is granted, the owner of the motor vehicle shall hand in the motor vehicle to the vehicle administration offices for inspection within 10 days after the alteration.
The vehicle administration offices shall check and confirm the motor vehicle within one day after accepting the application, and take back the original driving permit, and review and issue the driving permit anew. In case the bodywork or the frame of a motor vehicle is altered, the rubbing film of the vehicle identification number (vehicle frame number) shall also be checked, and the proof of source of the bodywork or the vehicle frame shall be received and kept.
Article 10. In case of replacing engines, the owner of a motor vehicle shall apply for alteration registration to the vehicle administration offices within 10 days after the alteration, and fill in the Application Form for Motor Vehicle Alteration Registration, and submit legal certificates and proofs and turn in the motor vehicle for inspection.
The vehicle administration offices shall check and confirm the motor vehicle within one day from accepting the application, take back the original driving permit, review and issue the driving permit once again and receive and keep the proof of source of the vehicle.
Article 11. Where a manufactory alters the whole vehicle due to the quality issue of the motor vehicle, the owner of the motor vehicle shall apply for alteration registration to the vehicle administration offices after replacing the whole vehicle, and fill in the Application Form for Motor Vehicle Alteration Registration, and submit the legal certificates and proofs, and hand in the motor vehicle for inspection.
The vehicle administration offices shall check and confirm the motor vehicle within 3 days after accepting the application, take back the previous driving permit, and review and issue the driving permit again, and receive and keep the certificate of conformity for the whole vehicle leaving the manufactory or the proof of import of the imported motor vehicle, and return the original certificate of conformity for the whole vehicle to leave the manufactory or the proof of import of the imported vehicle. If the models of vehicles do not fall within those being exempted from inspection determined by the competent departments of the state in charge of motor vehicle products, the certificate of conformity for security technology inspection on motor vehicles shall also be checked.
Article 12. In case an operating motor vehicle is changed into a non-operating motor vehicle, or a non-operating motor vehicle is changed into an operating motor vehicle, and the owner of the motor vehicle is moving out of the resident place subject to the jurisdiction of the vehicle administration offices, the owner of the vehicle shall apply for alteration registration to the vehicle administration offices after the alteration, and submit the legal certificates and proofs.
The vehicle administration offices shall verify the certificates on the alteration of the matter applied for within one day after accepting the application, and take back the original driving permit, and review and issue the driving permit over again. Where there is necessity to change the vehicle registration number, the original license plate and driving permit shall be taken back, and the new vehicle registration number shall be determined, and the license plate, driving permit and marks of conformity for inspection shall be reviewed and issued over again.
In case the owner of a motor vehicle moves out of the resident place subject to the jurisdiction of the vehicle administration offices, the vehicle administration offices shall take back the license plate and driving permit, and review and issue the temporary driving license plate. The motor vehicle archives shall be sealed, and delivered to and carried over by the owner of the motor vehicle, who shall then apply to the vehicle administration offices at his/its residence place for the moving-in of the motor vehicle.
Article 13. When applying for the moving-in of the vehicle, the Application Form for Vehicle Registration/Transfer shall be filled out, and the following certificates and proofs shall be submitted, and the motor vehicle shall be turned in for inspection:
(1) Identity certificate of the owner of the motor vehicle; and
(2) Vehicle registration certificate.
The vehicle administration offices shall, within 3 days as of accepting the application, check and receive and keep the motor vehicle archives, check and confirm the motor vehicle, and review and issue the license plate, driving permit and mark of conformity for inspection.
Article 14. Where a vehicle has more than two owners, and there is necessity to change the name of the registered owner into the name of other owner, the two parties of alteration shall go to the vehicle administration offices together, and fill out the Application Form for Vehicle Alteration Registration, and submit the following certificates and proofs:
(1) The identity certificates of the owners of the motor vehicle before and after the alteration;
(2) Vehicle registration certificate;
(3) Driving permit; and
(4) Notarization certificate owned by them together, where the vehicle is owned by a couple together, the "Household Register of Residents" may be provided.
The vehicle administration offices shall handle alteration registration in accordance with the provisions of paragraphs 2 and 3 of Article 12 and Article 13.
Article 15. The vehicle administration offices shall record the following contents respectively when handling the alteration registration:
(1) The color of bodywork after alteration;
(2) The engine number after alteration;
(3) The vehicle identification number (vehicle frame number) after the bodywork and frame of the vehicle have been altered;
(4) The name and number of the proof of source of the engine, bodywork or frame of the motor vehicle;
(5) The vehicle identification number (vehicle frame number) after the alteration of the whole vehicle, engine number, color of the bodywork, the number of the certificate of conformity for the whole vehicle to leave the factory or the number of the proof of import, date of manufacture, and date of registration;
(6) The name or entity name of the owner of the motor vehicle after alteration;
(7) The quality of use after alteration;
(8) Where there is necessity to move the vehicle out of the motor vehicle archives, the name of the vehicle administration offices at the place where the vehicle is to move in shall also be registered; and
(9) Date of alteration registration.
Article 16. Where a motor vehicle has been registered, and the owner of the motor vehicle has moved to another resident place subject to the jurisdiction of the vehicle administration offices, and the name (or entity name) of the owner of the motor vehicle or the way of contact is altered, the owner of the motor vehicle shall fill in the Application Form for Putting the Alteration on Records, and may put it on records at the vehicle administration offices by mailing, fax, or e-mailing, etc..
Article 17. Under any of the following circumstances, the owner of a motor vehicle may make alteration by himself/itself under the precondition of not influencing security and identification of license plate:
(1) The small type or mini-type passenger car installs an additional anti-crash device;
(2) A cargo motor vehicle installs an additional hurricane lamp cover, water tank, toolbox, or spare wheel frame, etc.; or
(3) The motor vehicle adds decorations within the vehicle; etc..
Section 3 Transfer Registration
Article 18. When applying for the transfer registration, the current owner of a motor vehicle shall, within 30 days from the date of delivering the motor vehicle, fill out the Application Form for Vehicle Transfer Registration, and submit the legal certificates and proofs, and hand in the motor vehicle for inspection. In case the motor vehicle is discharged from the supervision of the customs, the Certificate of Discharge of Supervisions over the Vehicles under the Supervision of the Customs of the People's Republic of China issued by the customs shall also be submitted. And the security technology inspection shall also be conducted on the motor vehicle, whose inspection has exceeded the period of validity.
The vehicle administration offices shall check and confirm the motor vehicle within 3 days after accepting the application.
Where the residence of the current owner of a motor vehicle is within the jurisdiction of the vehicle administration office, his/its original driving permit shall be taken back, and the new driving permit shall be reviewed and issued again. Where there is necessity to alter the vehicle registration number, the original license plate and driving permit shall be taken back, and a new vehicle registration number shall be determined, and the license plate, driving permit and mark of conformity for inspection shall be reviewed and issued again.
In case the residence of the current owner of a motor vehicle is not within the jurisdiction of the vehicle administration office, the provisions of paragraph 3 of Article 12 and Article 13 of the present Provisions shall be followed for the handling.
Article 19. The vehicle administration offices shall register the following contents when handling the transfer registration:
(1) The name or entity name of the current owner of a motor vehicle, name and number of the identity certificate, address of residence, postal code, and contact telephone;
(2) The ways of obtaining the motor vehicle;
(3) The name and number of the proof of source of the motor vehicle;
(4) Date of transfer registration;
(5) For the motor vehicle being discharged from the supervision of the customs, the name and number of the Certificate of Discharge of Supervision over the Vehicles under the Supervision of the Customs of the People's Republic of China, which is issued by the customs, shall be registered;
(6) In case the vehicle registration number is altered, the vehicle registration number shall be registered; and
(7) Where the residence of the current owner of a motor vehicle is not within the jurisdiction of the vehicle administration office where the motor vehicle registers now, the name of the vehicle administration office at the place where the vehicle is moved in shall be registered.
Article 20. No transfer registration may be handled under any of the following circumstances:
(1) Having such circumstances prescribed in Article 8 of the present Provisions;
(2) The motor vehicle is inconsistent with the contents recorded in the archives of the vehicle;
(3) Supervision over the motor vehicle by the customs is not discharged;
(4) The motor vehicle is during the period of mortgage;
(5) The motor vehicle or its archives is sealed up or impounded by the people's court, the people's procuratorate, or the departments of administrative law enforcement according to law; or
(6) The motor vehicle is involved in any act in violation of road traffic safety laws or traffic accident, whose handling has not been finished.
Article 21. In case a motor vehicle is transferred due to the seizure and auction by the departments of justice and the departments of administrative law enforcement according to law, or in light of the arbitrament of the arbitration institutions according to law, or the mediation, rulings or judgment of the people's courts, and the former owner of the motor vehicle fails to provide the vehicle registration certificate and driving permit to the current owner of the motor vehicle, the current owner shall, when making the transfer registration, submit the Notice of Rendering Aid in Execution as issued by the people's courts, or the proof for not having obtained the registration certificate and driving permit of the motor vehicle as issued by the departments of administrative law enforcement. The vehicle administration offices shall make a public notice on the cancellation of the original registration certificate and driving permit of the motor vehicle, and issue the vehicle registration certificate and driving permit at the same time when handling the transfer registration.
Section 4 Mortgage Registration
Article 22. The owners (mortgager) of a motor vehicle and the mortgagee shall file an application for mortgage registration together upon the strength of the following certificates and proofs, and fill out the Application Form for Vehicle Mortgage/Mortgage Cancellation Registration:
(1) Identity certificates of the mortgagor and the mortgagee;
(2) Vehicle registration certificate; and
(3) The master contract and the mortgage contract signed by the mortgagor and mortgagee according to law.
The vehicle administration offices shall record the contents of mortgage registration on the vehicle registration certificate within one day from the date of accepting the application.
Article 23. The vehicle administration offices shall register the following contents when handling the mortgage registration:
(1) The name or entity name of the mortgagee, name and number of the identity certificate, address of residence, postal code, and contact telephone;
(2) Number of the master contract and the mortgage contract; and
(3) Date of mortgage registration.
Article 24. The mortgagor shall apply for canceling the mortgage together with the mortgagee upon the strength of the following certificates and proofs, and shall fill out the Application Form for Vehicle Mortgage/ Mortgage Cancellation Registration:
(1) The identity certificates of the mortgagor and the mortgagee; and
(2) The vehicle registration certificate.
The vehicle administration offices shall, within one day from the date of accepting the application, record the contents and the date of mortgage cancellation on the vehicle registration certificate.
Article 25. The date of registration of a motor vehicle and that of mortgage cancellation thereof may be provided to the general public for inquiry.
Section 5 Cancellation Registration
Article 26. In case a motor vehicle has reached the state standard for mandatory discarding as useless, the owner of the motor vehicle shall, when turning in or selling the motor vehicle to the enterprises reclaiming vehicles, fill out the Application Form for Registration of Vehicles Being Stopped of Running, Reinstated of Running or Cancelled, and submit the vehicle registration certificate, license plate and the driving permit. The vehicle reclaiming enterprises shall check and confirm the motor vehicle and disassemble it, and issue the Certificate of Reclaiming of Discarded Vehicles to the owner of the motor vehicle.
The vehicle reclaiming enterprises shall, within 7 days after disassembling the motor vehicle, return the Application Form for Registration of Vehicles Being Stopped of Running, Reinstated of Running or Cancelled, vehicle registration certificate, license plate, driving permit and the photocopy of the Certificate of Reclaiming of Discarded Vehicles to the vehicle administration offices.
The vehicle administration offices shall handle the cancellation registration within one day from the date of accepting the application, and record the cancellation information in the computer registration system.
Article 27. In case the owner of a motor vehicle applies for cancellation registration due to the loss of the motor vehicle, he/it shall apply for cancellation registration to the vehicle administration offices, fill in the Application Form for Registration of Vehicles Being Stopped of Running, Reinstated of Running or Cancelled, and submit the relevant certificate of loss. The vehicle administration offices shall handle the cancellation registration within one day from the date of accepting the application, and take back the vehicle registration certificate, license plate and driving permit.
In case the license plate and the driving permit cannot be returned due to the loss of the motor vehicle, the vehicle administration offices shall make an announcement on cancellation.
Where the owner of a motor vehicle applies for cancellation registration due to other reasons, he/it shall fill in the Application Form for Registration of Vehicles Being Stopped of Running, Reinstated of Running or Cancelled. The vehicle administration offices shall handle the cancellation registration within one day from the date of accepting the application, and take back the vehicle registration certificate, license plate and driving permit.
CHAPTER III MISCELLANEOUS PROVISIONS
Article 28. Where there is necessity for a registered motor vehicle to stop running or reinstate running after stopping running, the Application Form for Registration of Vehicles Being Stopped of Running, Reinstated of Running or Cancelled, and the following documents shall be submitted:
(1) Identity certificate of the owner of the motor vehicle; and
(2) In case of applying for stopping running, the license plate and driving permit shall be returned.
The vehicle administration offices shall take back or return the license plate and driving permit within one day after accepting the application.
Article 29. In case the vehicle registration certificate is destroyed, lost or damaged, the owners of the motor vehicle shall apply for re-issuance or change to the vehicle administration offices. The owners of the motor vehicle shall fill in the Application Form for Re-issuance or Change of the Vehicle License Plates, and submit the identity certificate of the owner of the motor vehicle when making the application.
The vehicle administration offices shall change and issue the vehicle registration certificate within one day after accepting the application for changing the vehicle registration certificate, and take back the original vehicle registration certificate. For those applying for reissuing the vehicle registration certificate, the vehicle administration offices shall check and confirm the motor vehicle from the date of accepting the application, and review and issue the vehicle registration certificate anew within 15 days. During the period of reissuing the vehicle registration certificate, the vehicle administration offices shall stop handling the various registrations of the said vehicle.
Article 30. In case the license plate or driving permit is destroyed, lost or damaged, and the owner of a motor vehicle applies for the re-issuance or change of it to the vehicle administration offices, he/it shall fill in the Application Form for Re-issuance or Change of the Vehicle License Plate, and submit the identity certificate of the owner of the vehicle.
The vehicle administration offices shall reissue or change the driving permit within one day from the date of accepting the application. If the license plate is reissued or changed within 15 days from the date of acceptance, the original vehicle registration number shall remain unchanged.
During the period of reissuing of the license plate, a temporary driving license plate shall be reviewed and issued to the owners of the vehicle.
After the license plate or driving permit is reissued or changed, the license plate or driving license that has not been destroyed, lost or damaged shall be taken back.
Article 31. In case an unregistered motor vehicle needs to drive out of the current administrative region, the owner of the vehicle shall apply for receiving vehicle license plate for temporary driving to the vehicle administration offices, and submit the following certificates and proofs:
(1) The identity certificate of the owner of the motor vehicle;
(2) The proof of source of the motor vehicle;
(3) The certificate of conformity for the whole vehicle to leave the factory or the proof of import of the imported motor vehicle; and
(4) The proof of mandatory insurance for the third party liability of the motor vehicle.
The vehicle administration offices shall review and issue the license plate for temporary driving of the motor vehicle within one day from the date of accepting the application.
Article 32. In case the owner of a motor vehicle finds out any mistakes in the registration contents, he/it shall ask the vehicle administration offices to correct in time. The vehicle administration offices shall check and confirm it within five days from the date of accepting the request. In case the mistakes are registration mistakes, the said offices shall correct the relevant contents in the vehicle registration certificates, and change and issue the driving permit. Where there is necessity to alter the vehicle registration number, the original license plate and driving license shall be taken back, and the new vehicle registration number shall be determined, and the license plate, driving license and marks of conformity for inspection shall be reviewed and issued again.
Article 33. In case a registered motor vehicle is stolen or robbed, the vehicle administration offices shall record it in the computer registration system according to the information provided by the departments of criminal detection, and stop handling the various registration of the vehicle. After the vehicle that has been stolen or robbed is returned, the vehicle administration offices shall resume the handling of the various registrations of the vehicle.
During the period of the vehicle's being stolen or robbed, if the engine number, vehicle identification number (vehicle frame number) or the color of the bodywork is altered, the vehicle administration offices shall handle alteration on the basis of the relevant certificate of technical identification.
Article 34. When applying for the marks of conformity for inspection, the owners of the motor vehicles shall submit the driving permit, the proof of the mandatory insurance for the third party liability, and the certificate of conformity for security technology inspection issued by the vehicle security technology inspection institutions.
The vehicle administration offices shall, after checking and confirming the vehicle, and examining and verifying the acts in violation of road traffic safety laws relating to the vehicles and the handling of traffic accident, review and issue the marks of conformity for vehicle inspection within one day from the date of accepting the application.
The mark of conformity for inspection may not be reviewed and issued until the handling of the acts in violation of road traffic safety laws relating to the vehicles and the handling of traffic accident have been completed.
Article 35. In case a motor vehicle cannot be inspected at the place of registration, the owner of the vehicle shall apply to the vehicle administration offices at the place of registration for entrusting others to review and issue the mark of conformity for inspection. When filing the application, the owner of the motor vehicle shall submit the driving permit and the proof of mandatory insurance for the third party liability. The vehicle administration offices shall, within one day after accepting the application, and after making investigation and verification on acts in violation of road traffic safety laws relating to the vehicle and the handling of traffic accident, issue the power of attorney for reviewing and issuing the mark of conformity for inspection.
Where after a motor vehicle has passed the inspection at the place of inspection, the owner of the vehicle shall apply for the mark of conformity for inspection to the vehicle administration offices at the entrusted place in accordance with the provisions of paragraph 1 of Article 34 of the present Provisions, and submit the power of attorney for reviewing and issuing marks of conformity for inspection. The vehicle administration offices at the entrusted place shall issue the mark of conformity for inspection on the motor vehicles within one day after accepting the application in accordance with the provisions of paragraphs 2 and 3 of Article 34 of the present Provisions.
The marks of conformity for inspection may not be reviewed and issued by entrustment to the large passenger cars and the vehicles involved in acts in violation of road traffic safety laws or those concerning which the handling of traffic accidents have not been completed.
Article 36. The owner of a motor vehicle may entrust an agent to apply for the various vehicle registrations and the relevant businesses, except the application for reissuing vehicle registration certificate. When applying for vehicle registration and the relevant businesses, the agent shall submit the identity certificate of the agent and the application form co-signed by the owners of the vehicle and the agent.
The vehicle administration offices shall record the name or entity name of the agent, name and number of his/its identity certificate, address of residence, postal code, and contact telephone.
CHAPTER IV SUPPLEMENTARY PROVISIONS
Article 37. The Ministry of Public Security shall be responsible for formulating the types and formats of the vehicle registration certificate, license plate, temporary driving license plate, driving permit, mark of conformity for inspection, and the formats of various registration forms. And the vehicle registration certificate shall be printed by the Ministry of Public Security uniformly.
Article 38. The following terms in the present Provisions shall have the following meanings:
(1) The "Imported Motor Vehicle" shall refer to: 1. Automobiles imported at the restricted ports of the state; 2. Other motor vehicles imported at each port; 3. Motor vehicles under the supervision of the customs; and 4. The motor vehicles smuggled, without legal import certificate, or illegally assembled by making use of the five assemblies, which have been confiscated by the law enforcement departments authorized by the state;
(2) The "Proof of Import" of an imported motor vehicle shall refer to the following: 1. The proof of import of an imported automobile shall be the "Certificate of Import License of Goods" signed and issued by the customs of the restricted ports of the state; 2. The proof of import of other imported motor vehicles shall be the Certificate of Import License of Goods signed and issued by the customs of each port; 3. The proof of import of the motor vehicles under the supervision of the customs shall be the Notice of the Customs of the People's Republic of China on Receiving or Cancellation of License Plates for Entry-Exit of Vehicles under Supervision, which is issued by the customs at the place of supervision; and 4. The proof of import of the vehicles smuggled, without import certificate or illegally assembled by making use of the imported key parts or components, which have been confiscated by the law enforcement departments authorized by the state, shall be the Certificate of Confiscation of the Smuggled Automobiles or Motorcycles signed and issued by the said departments;
(3) The "Owners of the Motor Vehicles" shall refer to the individuals or entities that own the vehicles: 1. The "individuals" shall refer to the residents and servicemen (including the armed police) of the mainland of China, and the residents in Hong Kong and Macao Special Administrative Regions, and Taiwan Region, and foreigners; and 2. The "entities" shall refer to the state organs, enterprises, institutions or organizations, as well as the foreign embassies and consulates in China and foreign offices in China and representative institutions of international organizations in China;
(4) The "Identity Certificate" shall refer to the following: 1. The "identity certificates of state organs, enterprises, institutions and organizations" shall be the Certificate of Code of Organizations. In case the preceding entities have been canceled, revoked, or bankrupt, and there is necessity to handle alteration registration, transfer registration, and cancellation registration for their motor vehicles and to reissue the vehicle registration certificate, license plates, and driving permit, the identity certificates of the enterprise entities that have been cancelled shall be the cancellation certificates issued by the administrative departments for industry and commerce. The identity certificates of the state organs and institutions that have been revoked shall be the relevant certificates issued by their upper level competent departments. And the identity certificates of the enterprise entities that have been bankrupt shall be the relevant certificates issued by the property liquidation institutions established according to law; 2. The identity certificates of the foreign embassies or consulates in China, the foreign offices in China, and representative institutions of international organizations in China shall be the certificates issued by the said embassies, consulates or the foreign offices or representative institutions; 3. The identity certificate of the wholly foreign-owned enterprises in China or foreign business institutions in China shall be the Certificate of Code of Organizations; 4. The identity certificate of a resident shall be the Identification Certificate Card of Residents or the Household Register of Residents. The identity certificate of the mainland residents who live in a temporary place shall be the Identification Certificate Card of Residents and the certificate of residence or temporary stay reviewed and issued by the public security organs; 5. The identity certificate of servicemen (including armed police) shall be the Identification Certificate Card of Residents; 6. The identity certificates of the residents in Hong Kong and Macao Special Administrative Regions and Taiwan region shall be the identity certificates for their entry into the frontier and the certificate for residence; 7. The identity certificate of a foreigner shall be his/her identity certificate for entry into the frontier and certificate of residence; and 8. The identity certificates of the personnel in the foreign embassies or consulates in China or the representative institutions of an international organization in China shall be the effective identity certificates reviewed and issued by the Ministry of Foreign Affairs;
(5) The "Residence" shall refer to the following: 1. The residence of an entity shall be the place where its main working body locates; and 2. The residence of an individual shall be the place of his/her registered permanent residence or the place of temporary stay;
(6) The "Address of Residence" shall refer to the following: 1. The address of residence of an entity shall be the address specified in the identity certificate; and 2. The address of residence of an individual shall be the residence address he/she declares;
(7) The "Ways of Obtaining a Motor Vehicle" shall refer to the mediation, rulings and judgment of the people's courts, the arbitraments of an arbitration institution, purchase, heritage, donations, winning of a prize in a lottery, setting off of debts by agreements, reorganization of assets, buying or selling the whole assets, and allocations, etc.;
(8) The proof of source of a motor vehicle shall refer to the following: 1. In case the motor vehicle is purchased at home, its proof of source shall be the unified vehicle sales invoices or invoices of old motor vehicle transaction of the whole country. Where a motor vehicle is purchased overseas, its proof of source shall be the sales invoice issued by the entity selling the vehicle and the translation text; 2. Where a motor vehicle is transferred on the basis of the mediation, ruling or judgment of the people's courts, its proof of source shall be the effective mediation paper, ruling in writing or judgment, and the respective Notice of Rendering Aid in Execution issued by the people's courts; 3. Where a motor vehicle is transferred according to the arbitrament of an arbitration institution, its proof of source shall be the Arbitrament and the Notice on Rendering Aid in Execution issued by the people's courts; 4. Where a motor vehicle is inherited, donated, won through a prize in a lottery or used for setting off debts by agreement, its proof of source shall be the relevant documents in relation to the heritage, donation, winning of a prize in a lottery or the setting off of debts by agreement, and the Notarial Deed issued by the organ of notarization; 5. In case the motor vehicle is included in the assets reorganization or the whole dealing of assets, its proof of source shall be the documents of approval of the competent departments of assets; 6. Where a motor vehicle is purchased uniformly by the state organs and is allocated to the subordinated entities without being registered, its proof of source shall be the national unified motor vehicle sales invoices and the certificate of allocation issued by the said departments; 7. For a motor vehicle, which has been registered and allocated to the subordinate entity by the state organs, its proof of source shall be the allocation certificate issued by the said organs; 8. Where a stolen and robbed motor vehicle is returned by the public security organs after cracking a criminal case, and whose settlement of claim has been completed for the former owner of the vehicle, its proof of source shall be the Certificate of Transfer of Rights and Interests issued by the insurance company; and 9. The proof of source for alteration of engines, bodywork and frame of a vehicle shall be the invoices issued by the sales entity or the invoices issued by the repair entity;
(9) The "One Day", "Three Days", "Five Days", "Seven Days", "Ten Days" and "Fifteen Days" shall refer to working days, excluding festivals and holidays.
Article 39. The present Provisions shall come into force as of May 1, 2004. The Vehicle Registration Measures of the People's Republic of China, which were promulgated by the Ministry of Public Security on January 4, 2001, shall be repealed simultaneously. In case other provisions enacted by the Ministry of Public Security before April 30, 2004 are inconsistent with the present Provisions, the present Provisions shall be followed.
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