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Auto leasing interim provisions

First to strengthen the car rental industry management, protection of the car rental industry operators (hereinafter referred to as rental operators) and use the leased vehicle the lessee (hereinafter the lessee), the legitimate interests of promoting the development of the car rental industry, according to the relevant laws and regulations of the country, these provisions are formulated.
First to strengthen the car rental industry management, protection of the car rental industry operators (hereinafter referred to as rental operators) and use the leased vehicle the lessee (hereinafter the lessee), the legitimate interests of promoting the development of the car rental industry, according to the relevant laws and regulations of the country, these provisions are formulated.
Second car rental is a rental operators will lease the car delivery within the agreed time the lessee's use, charge a leasing fee, does not offer driver service mode of operation.
Provisions of this article shall apply in addition to the bus, taxi, and other types of passenger cars, trucks, special vehicles and other motor vehicle leasing and business activities.
Fourth car rental industry development and manpower planning, more than management, unified management principles.
Article car rental industry the transportation departments at all levels are responsible for the area's management. Transportation Department road transport administration management organs specific performance management responsibilities in the car rental industry. Department in charge of price under the State Council in conjunction with the Transport Department car rental fees. The provincial pricing authorities responsible for this area, car rental fees, reported to the Department in charge of price under the State Council for the record.
Chapter II entry/exit regulation
Article sixth must possess the following technical and economic conditions of the car rental industry:
(A) is equipped with not less than 20 cars, and vehicle value of not less than 2 million Yuan. Rental cars are new cars or achieve a technical grade of in-use vehicles, and vehicles are complete and valid travel documents.
(B) there shall be provided in vehicles $ 5% worth of liquidity.
(C) fixed business and office space, parking lots are normal keep the rental car area of not less than 1.5 times.
(D) have the requisite undertakings and corresponding management, business management, vehicle technology, financial and accounting positions should each have a primary and above title of professional and technical personnel.
(E) have legal personality.
Article seventh operation of vehicle leasing industry in accordance with the following procedure.
(A) Street and township-level people's Governments or sectors prove feasibility analysis and business articles, business reports, credit and other relevant material to the opening of the road transport administration management bodies at the county level in the local application, after approval by the county road transport administration management bodies, municipal Road Administration institution for approval.
(B) the municipal approval of the road transport administration management bodies to review and issue of the road transport operators permit.
(Iii) by road transport operators license administration for industry and commerce, taxation and other departments to handle the clearance procedures. (D) by the number of approved the purchase of vehicles, car rentals-home card and vehicle third party liability insurance in accordance with the relevant provisions, to receive commercial road transport administration management of the road transport certificates.
Article road transport administration management bodies after receiving a lease request, should be based on the validation of the technical and economic conditions and social needs, in 45 days to respond.
Nineth rental business operation should be in s a few days ago to the original audit, ratified the Declaration on the road transport administration management bodies and the relevant procedures, cancellation of the business, the road transport in road transport certificates, the General Administration for industry and commerce, taxation Department to handle the cancellation procedures.
Chapter
Tenth operating lease must comply with road transport and price-related laws and regulations, accept the road transport administration management bodies and the Department in charge of price management, direction, supervision and inspection.
11th lease operators must, in accordance with relevant technical standards promulgated by the Ministry, strengthen the management of vehicle technology, keep the rent-a-car technology in good condition.
12th the lease operator must follow the provincial in charge of price regulations and lease fees charged.
13th for rental car shall enter into a leasing contract, must be used by the provincial road transport administration management bodies in accordance with relevant laws, regulations car rental contract. Contract text including: lease name of the operator, charterer name, rent-a-car models, colors, and vehicle number plates, vehicle license number, number of road transport permits, lease terms, billing practices, payment and leasing rights, obligations and liability of the parties.
14th rental business to increase or decrease the leased car, must apply to the road transport administration management operating or relevant documents for cancellation.
15th rental operator should establish a sound security system, security measures and management systems, content management, law, education and professional training of the practitioners, and constantly improve the quality of employees.
16th section lease a car owner must be consistent with the name of the car rental business. Not lease their vehicles, vehicles that are not legal and operational procedures of the car rental industry, may not be used for rentals.
17th road transport administration management agencies rental operators operating qualification and management supervision, imposed on the lease operator qualification, technical and economic conditions and business practices of the annual audit.
18th the lessee leased car, must produce to prove effective or personal identity documents and a certain amount of margin and, if necessary, financial guarantees must be reliable.
19th the lessee leased car, rent a car should be checked, confirm that the rent-a-car technology is in good condition and check card, road transport certificates and other documents are complete, effective, and traffic should be onboard in all the documents.
Article 20th rental operators and tenant rental car commercial transport, shall be in accordance with the relevant provisions in the road transportation management application to the road transport administration management bodies, review, approval, before engaging in commercial passenger and cargo transportation.
21st lease operators and when in the performance of the lessee in the lease contract dispute, should be resolved in a timely manner. Negotiation fails, you can apply for mediation of the transportation departments or for contract administration, arbitration, mediation, may also directly bring a lawsuit.
The fourth chapter legal liability.
22nd lease operators and lessees of any of the following acts, and above the county level transportation departments or commissioned by the road transport administration management bodies as their corresponding punishments the plot:
(A) lease operators not complying with the provisions of article seventh receiving unauthorized operation of the road transport operators permit and fined 5000 Yuan more than 10000 fine.
(B) operating lease fails to receive an article seventh camp without permission of the road transport certificates, fined a maximum of 500 Yuan more than 2000 per car, up to 300 million Yuan.
(C) the lessee in driving without road transport certificates, impose a fine of less than 300 yuan and 500 yuan per car.
(D) lease who contravenes the provisions of article 12th charge rental fees, cost of 30–50 percent of fines collected, but not exceeding 30000 Yuan.
(E) lease operators and lessees in violation of the provisions of article 20th discretionally engages in commercial transport, more than 5000 Yuan more than 10000 fine.
23rd party who refuses to accept the penalty, in the 15th from the date of receipt of the notice of penalty made the decision on the level of administrative authority for review or to the local people's Court, fails to propose reconsideration and not split up and refuses to perform the penalty decision, made the authorities may apply to a people's Court for enforcement.
24th road transport administration management institutions and their staff at all levels should strictly abide by and implement relevant regulations of the car rental industry, fulfill our duties and sanctions violators, constitutes a criminal liability.
The fifth chapter by-laws
25th article of the regulation by People's Republic of China Ministry of communications, the State Planning Commission is responsible for the interpretation.
26th of all provinces, autonomous regions and municipalities directly under the Transportation Department and price sectors according to the business rules for the implementation of the provisions.
27th article of the regulations come into force on April 1, 1998.

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