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SAMR 2-2020: Implementation Rules of the Measures for the Administration of Recycling of Scrapped Motor Vehicles
SAMR Order 2 [2020]
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Detailed Implementation Rules for the Administrative Measures
for the Recycling of Scrapped Motor Vehicles
Ministry of Commerce of the People’s Republic of China
National Development and Reform Commission
Ministry of Industry and Information Technology of the People’s Republic of China
Ministry of Public Security of the People’s Republic of China
Ministry of Ecology and Environment of the People’s Republic of China
Ministry of Transport of the People’s Republic of China
State Administration for Market Regulation
Order No. 2 (2020)
Detailed Implementation Rules for the Administrative Measures for the Recycling of Scrapped
Motor Vehicles was adopted at the 25th ministerial meeting of the Ministry of Commerce, and
approved by National Development and Reform Commission, Ministry of Industry and
Information Technology, Ministry of Public Security, Ministry of Ecology and Environment,
Ministry of Transport and State Administration for Market Regulation. It is hereby promulgated
and shall be implemented from 1 September 2020.
Minister of Ministry of Commerce Zhongshan
Director of National Development and Reform Commission He Lifeng
Minister of Ministry of Industry and Information Technology Miao Xu
Minister of Ministry of Public Security Zhao Kezhi
Minister of Ministry of Ecology and Environment Huang Runqiu
Minister of Ministry of Transport Li Xiaopeng
Director of State Administration for Market Regulation Xiao Yaqing
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Detailed Implementation Rules for the Administrative Measures for the
Recycling of Scrapped Motor Vehicles
(Promulgated as Order No. 2 on July 18, 2020)
Chapter 1 General
Article 1 In order to regulate the recycling and dismantling activities of scrapped motor vehicles
and strengthen the management of the recycling and dismantling industry of scrapped motor
vehicles, in accordance with the Administrative Measures for the Recycling of Scrapped Motor
Vehicles (hereinafter referred to as the Administrative Measures) of the State Council, these
detailed rules are formulated.
Article 2 These detailed rules shall apply to activities involving the recycling and dismantling of
scrapped motor vehicles within the territory of the People’s Republic of China.
Article 3 The State encourages the market-oriented, professional and intensive development of the
scrapped motor vehicle recycling and dismantling industry, so as to promote the improvement of
the scrapped motor vehicle recycling system and improve the recycling efficiency and service
levels.
Article 4 The Ministry of Commerce is responsible for organizing the supervision and
management of the recycling and dismantling of scrapped motor vehicles nationwide. The
National Development and Reform Commission, Ministry of Industry and Information
Technology, Ministry of Public Security, Ministry of Ecology and Environment, Ministry of
Transport and State Administration for Market Regulation are responsible for the supervision and
management of scrapped motor vehicles within the scope of their respective responsibilities.
Article 5 Provincial-level commerce department is responsible for implementing the qualification
accreditation of scrapped motor vehicle recycling and dismantling enterprises (hereinafter referred
to as recycling and dismantling enterprises). Local commerce authorities at or above the county
level shall supervise and manage scrapped motor vehicle recycling and dismantling activities
within their respective administrative regions, so as to promote the healthy and orderly
development of the industry.
Local public security organs at or above the county level shall, in accordance with their duties and
relevant laws and regulations, supervise and manage the public security of the scrapped motor
vehicle recycling and dismantling industry, the sale and purchase of counterfeit tickets and other
activities, and handle them pursuant to the law.
Local ecological and environmental authorities at or above the county level shall, in accordance
with their respective duties, supervise and manage the environmental pollution prevention and
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control of the recycling and dismantling activities of recycling and dismantling enterprises, so as
to prevent environmental pollution and handle them pursuant to relevant laws and regulations.
Local development and reform, industry and information technology, transportation and market
supervision departments at or above the county level are responsible for the supervision and
management of scrapped motor vehicles within their respective administrative regions within their
respective scope of duties.
Article 6 Scrapped motor vehicle recycling and dismantling industry associations, chambers of
commerce, etc. shall formulate industry norms, provide information consultation and training, etc.,
carry out industry monitoring and early warning analysis, and strengthen industry self-discipline.
Chapter II Qualification Accreditation and Management
Article 7 The State implements a qualification accreditation system for the recycling and
dismantling enterprises. Without qualification accreditation, no organization or individual may
engage in scrapped motor vehicle recycling and dismantling activities.
The State encourages motor vehicle manufacturing enterprises to engage in scrapped motor vehicle
recycling and dismantling activities. Motor vehicle manufacturing enterprises bear producer
responsibilities in accordance with relevant national regulations and shall provide scrapped motor
vehicle dismantling instruction manuals and other relevant technical information to the recycling
and dismantling enterprises.
Article 8 To obtain qualification accreditation for recycling and dismantling of scrapped motor
vehicles, the following conditions must be satisfied:
(1) With corporate legal person status;
(2) The dismantling operation site shall comply with the local urban mater planning or
national space planning and safety requirements, and shall not be built in residential areas,
commercial areas, drinking water source protection areas and other environmentally
sensitive areas;
(3) Sites, facilities and equipment, storage and dismantling technical specifications that
comply with the national standard Technical Specifications for End-of-life Vehicles
Recycling and Dismantling Enterprise (GB 22128), as well as corresponding requirements
for professional technical personnel;
(4) Comply with the requirements of the environmental protection standard Environmental
Protection Technical Specifications for Disassembly of End-of-life Vehicles (HJ 348);
(5) With an ecological environment protection system that complies with national regulations,
with corresponding pollution prevention and control measures, and a proper disposal plan
for the solid waste generated by dismantling.
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Article 27 The recycling and dismantling enterprises shall, in accordance with the relevant
national requirements for the recycling management of power batteries of new energy vehicles,
disassemble, collect, store, transport and recycle used power batteries or other types of energy
storage devices of scrapped new energy vehicles, and strengthen the safety management of the
entire process.
The recycling and dismantling enterprises shall enter the vehicle identification numbers, power
battery codes, quantities, flows, models and other information of the scrapped new energy vehicles
into the “National New Energy Vehicle Monitoring and Power Battery Recycling and Utilization
Traceability Comprehensive Management Platform” system.
Article 28 If the “five major assemblies” of the scrapped motor vehicles dismantled by the
recycling and dismantling enterprises satisfy the conditions for re-manufacturing, they may be sold
to enterprises with re-manufacturing capabilities in accordance with relevant national regulators
for re-manufacturing and recycling; if the re-manufacturing conditions are not satisfied, they shall
be sold as scrap metal to smelting or crushing enterprises.
Article 29 Parts other than the “five major assemblies” of the scrapped motor vehicles dismantled
by the recycling and dismantling enterprises that satisfy mandatory national standards, such as
ensuring the safety of people and property, and can continue to be used, can be sold, but they shall
be marked as “recycled parts of scrapped motor vehicles”.
The exhaust gas after-treatment devices and hazardous waste dismantled by the recycling and
dismantling enterprises shall be truthfully recorded and handed over to enterprises with treatment
qualifications for dismantling and disposal and shall not be sold or re-sold to other enterprises.
The power batteries dismantled by the recycling and dismantling enterprises shall be sold to power
battery recycling service outlets established by new energy vehicle manufacturers, or to enterprises
echelon utilization enterprises that meet the relevant national requirements for the management of
echelon utilization of power batteries, or to enterprises engaged in the comprehensive utilization
of used power batteries.
Article 30 Any organization or individual is prohibited to use the “five major assemblies” of
scrapped motor vehicles to assemble motor vehicles.
Article 31 Motor vehicle maintenance operators are not allowed to repair scrapped motor vehicles.
Chapter V Supervision Management
Article 32 Local commerce department at or above the county level shall work with relevant
departments to adopt a “double random, one open” mode to conduct daily supervision and
inspection of scrapped motor vehicle recycling and dismantling activities within their respective
administrative regions, focusing on the following aspects:
(1) The compliance of the recycling and dismantling enterprises with the qualification
accreditation conditions;
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(2) The compliance with the recycling and dismantling procedures of scrapped motor
vehicles;
(3) The compliance in the use of the Qualification Accreditation Certificate;
(4) The issuance of the Certificate of Recycling of Scrapped Motor Vehicles;
(5) The disposal status of “five major assemblies” and other parts.
Article 33 Local commerce department at or above the county level may, in conjunction with
relevant departments, take the following measures to conduct supervision and inspection:
(1) Enter relevant sites engaged in scrapped motor vehicle recycling and dismantling
activities for inspection;
(2) Consult organizations and individuals related to supervision and inspection matters and
require them to explain the situation;
(3) Consult and copy relevant documents and materials, check relevant data information
systems and copy relevant information and data;
(4) Other measures taken pursuant to relevant laws and regulations.
Article 34 If the local commerce department at or above the county level finds out that a recycling
and dismantling enterprise no longer meets the conditions specified in Article 8 of the Rules, they
shall urge it to make rectifications within a time limit; if it refuses to make rectifications or fails to
make rectifications within the time limit, the original issuing authority shall revoke its
Qualification Accreditation Certificate.
If a recycling and dismantling enterprise ceases the scrapped motor vehicle recycling and
dismantling operation for more than 12 months, or has its business license cancelled, the original
issuing authority shall revoke its Qualification Accreditation Certificate.
Provincial-level commerce department shall timely announce to the public the list of recycling and
dismantling enterprises that have had their Qualification Accreditation Certificate revoked or
withdrawn within their respective administrative regions.
A recycling and dismantling enterprise that has violated the Rules will be subject to an
administrative penalty of revoking the Qualification Accreditation Certificate and is prohibited
from applying for the qualification accreditation for scrapped motor vehicle recycling and
dismantling again within three years from the effective date of the administrative penalty.
Article 35 The departments of commerce, development and reform, industry and information
technology, public security, ecology and environment, transportation and market supervision, etc.
at all levels shall strengthen the sharing of regulatory information on recycling and dismantling
enterprises, and timely share information on qualification accreditation, changes and cancellations,
administrative penalties for recycling and dismantling enterprises, as well as the Certificate of
Recycling of Scrapped Motor Vehicles and photos of the scrapped motor vehicles, etc.
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the local commerce department at or above the county level shall urge it to make rectifications and
impose a fine of not less than 10,000 yuan but not more than 30,000 yuan.
Article 42 For any violation of Paragraph 1 of Article 15 of the Details, if a recycling and
dismantling enterprise fails to register its branches as required, the local commerce department at
or above the county level where the branches are registered shall urge it to make rectifications and
impose a fine of not less than 10,000 yuan but not more than 30,000 yuan.
For any violation of Paragraph 2 of Article 15 of the Details, if a branch of a recycling and
dismantling enterprise has dismantled scrapped motor vehicles, the local commerce department at
or above the county level where the branch is registered shall urge it to make rectifications and
impose a fine of 30,000 yuan; if it refuses to make rectifications or the circumstances are serious,
the original issuing authority shall revoke the recycling and dismantling enterprise’s Qualification
Accreditation Certificate.
Article 43 For any violation of the provisions of Paragraph 1 of Article 19, Article 20 and Article
21 of the Details, if a recycling and dismantling enterprise issues or grants the Certificate of
Recycling of Scrapped Motor Vehicles in violation of the provisions, or fails to dismantle a
scrapped motor vehicle, for which, the Certificate of Recycling o...