The "Measures for the Administration of Automobile Sales" officially announced that the monopoly pattern of 4S stores was broken.
Nearly a year after the deadline for soliciting opinions, the "Measures for the Administration of Automobile Sales" was finally officially announced. Yesterday, the Ministry of Commerce announced the Measures for the Administration of Automobile Sales, which will take effect on July 1, 2017. Since then, the sales of automobiles no longer need the authorization of automobile brands, and the two modes of authorized sales and unauthorized sales are allowed to be parallel, and new automobile sales forms such as automobile supermarkets, automobile stores and automobile e-commerce will blossom. The Measures for the Implementation of Automobile Brand Sales Management, which has been implemented for nearly 12 years, shall be abolished at the same time.
[Problem]
There are more and more forms of automobile sales.
The "predecessor" of the "Measures for the Administration of Automobile Sales" is the "Measures for the Implementation of Automobile Brand Sales Management" issued in 2005. "Brand Measures" established the authorized sales system of automobile brands, requiring that the sales of automobiles must be authorized by brands and put on record. This has enabled various automobile brand enterprises to build an automobile circulation network with 4S stores as the main body, which is built for their own use.
At one time, this model of 4S shop as the authorized operation of automobile sales once won the favor of consumers with its "high quality" and service. However, with the passage of time, many 4S stores have fallen into the state of "first-class facilities, second-class sales and third-class services", and there have been problems such as inflated prices of automobiles and parts and declining service quality, which have aroused many dissatisfaction among consumers.
Nowadays, the change from "brand" to "sales" has played an important role in the promotion of automobile anti-monopoly in China.
According to the "Administrative Measures", automobile sales are no longer based on brand authorization, and authorized sales and unauthorized sales are implemented in parallel, and diversified sales models are promoted. Dealers can carry out multi-brand operations, and different automobile brand enterprises can jointly build and share sales networks and after-sales service systems. However, when dealers sell cars that are not authorized by suppliers, or imported cars that are not authorized by overseas automobile manufacturers, they should remind and explain to consumers in writing.
In this regard, Su Hui, executive vice chairman of china automobile dealers association Tangible Market Branch, said that canceling the authorization filing system, treating cars as general circulating commodities and relaxing market access are conducive to market competition. The new method allows authorized and unauthorized modes to exist at the same time, and the future market channels will be further diversified, which will effectively promote the automobile sales market to be more active.
[restriction]
Car companies can no longer be rude.
According to the Administrative Measures, if a supplier sells cars by means of authorization to dealers, the authorization period (excluding the shop construction period) is generally not less than 3 years at a time, and the first authorization period is generally not less than 5 years, which changes the previous authorization rule of "once a year".
It is understood that since 2014, the automobile industry has frequently issued anti-monopoly tickets, and multinational auto companies including Audi, Chrysler and Mercedes-Benz have been found to have monopolistic behaviors. It is generally believed in the industry that the important reason for the monopoly behavior of car companies is authorized operation. Brand authorization system leads manufacturers to be too strong, which leads to price and market monopoly, and the contradiction between manufacturers and distributors is escalating.
"Extending the brand authorization period reduces the uncertainty of dealer operation and protects the rights and interests of dealers." Xiao Zhengsan, secretary general of china automobile dealers association, said.
This time, the "Administrative Measures" clearly regulates the behaviors of both suppliers, such as prohibiting suppliers from unilaterally setting sales targets, tying goods, restricting multi-brand operation and resale, and prohibiting dealers from using suppliers’ authorization to carry out business activities.
At present, China has become the world’s largest automobile producer and consumer market, with automobile production and sales ranking first in the world for eight consecutive years, and automobiles have played a pillar role in consumption. In 2016, China’s automobile production and sales were 28.119 million and 28.028 million respectively, and the consumption of automobile products above designated size accounted for 26.2% of the retail sales of social consumer goods above designated size.
[Eliminating disadvantages]
Price increase sales beyond the list price are prohibited.
It is almost a common method for major automobile brands to raise sales profits by increasing the price of tight models in 4S stores. In the future, consumers will not have to submit to humiliation. The "Administrative Measures" focus on strengthening the protection of consumers’ rights and interests, stipulating that dealers should clearly state the prices of automobiles, accessories and other related products and the charging standards for various services in an appropriate form in the business field, and may not increase the price of sales or charge extra fees beyond the marked price.
At the same time, suppliers and distributors shall not limit the domicile of consumers, and shall not limit the suppliers and after-sales service providers of auto parts, supplies, finance, insurance, rescue and other products to consumers, except for the "three guarantees" service, recall and other accessories and services used by suppliers when they bear the expenses. When selling cars, dealers shall not force consumers to buy insurance or provide services such as vehicle registration on their behalf.
Suppliers and distributors shall establish and improve the consumer complaint system, specify the specific departments and personnel who accept consumer complaints, and clearly indicate the complaint channels to consumers. The acceptance, transfer and handling of the complaint shall be notified to the consumer of the complaint within 7 working days from the date of receiving the complaint.
Jiwen Sun, spokesman of the Ministry of Commerce, recently revealed that in order to promote automobile consumption, relevant departments have continued to promote the release of consumption potential in China’s used car market, copied and promoted the pilot experience of parallel import of automobiles and revised the Management Measures for Scrap Automobile Recycling.