Auto & Transportation

Recently, the State Administration for Market Regulation promulgated the latest "Regulations on Responsibilities for Repair, Replacement and Return of Household Auto Products" (hereinafter referred to as the "Regulations"). The "Regulations" will come into effect on January 1, 2022, and the original regulations will be repealed at the same time.

Promote the high-quality development of the automotive industry

The "Three Guarantees" policy is the abbreviation for the implementation of "repair, replacement, and return" by retail commercial enterprises on the goods sold, and it is the legitimate rights and interests of consumers. The auto industry also has its own "three guarantees" policy. Currently, the "Regulations on Responsibilities for Repair, Replacement, and Return of Household Auto Products" issued on January 5, 2013 are applied to protect the rights and interests of many consumers.

In recent years, as the country encourages the promotion of new energy vehicles, the sales of new energy vehicles have continued to grow rapidly. As of the end of June 2021, the number of new energy vehicles in the country has reached 6.03 million, accounting for 2.1% of the total number of vehicles.

However, there are more and more problems related to the product quality and after-sales service of new energy vehicles. According to the "Analysis of Complaints Accepted by the National Consumers Association in 2020" released by the China Consumers Association, there were 34,897 car complaints in 2020, an increase of 1.64% year-on-year. Automobile quality, sales contracts and after-sales service have become the four major issues for automobile complaints with new energy vehicles. Moreover, the current automobile "three guarantees" law cannot fully meet the needs of today's consumers or the current sales model. As a result, the new version of the automobile "three guarantees" regulations came into being and will be formally implemented next year.

"China is a big country in the production, sales, and use of automobiles. For every family, automobiles are veritable'big goods', and their quality problems often become consumers' worries. The promulgation of the "Regulations" closely follows the development of the country. Strategy, highlighting the problem-oriented, and actively responding to the “three guarantees” hotspot events that have occurred in recent years. It embodies the people-centered development idea. The development pattern plays a positive role." Researcher Li Xue of China Research Institute of Puhua told the reporter of "China Industry and Economics News".

Senior industrial economic observer Liang Zhenpeng told the "China Sankei Shimbun" reporter: "The promulgation of the "Regulations", on the one hand, has added content related to new energy vehicles and electric vehicles, and the product coverage is more specific and comprehensive. On the other hand, It can better protect the interests of consumers and protect the rights and interests of consumers, which is conducive to the standardized development of the automobile market, enhances consumers' enthusiasm for buying cars, and guarantees that consumers have a legal basis in the process of protecting their rights."

Strengthen consumer protection

The reporter noted that the "Regulations" have expanded the scope of adjustment of the "Three Guarantees" for family cars in order to meet the needs of industrial development and consumption upgrades. In response to the rapid development of household electric vehicles, the quality of special parts such as power batteries, driving motors and other special components has been included in the "three guarantees" return and exchange clauses; the "three guarantees" for household pickup trucks are implemented to protect the rights and interests of pickup truck consumers and promote pickup trucks The industry is developing rapidly; the main components of family car pollution control devices are included in the terms of return and replacement of major quality problems, and the prevention and control of motor vehicle emissions pollution has been strengthened.

Li Xue pointed out that, first of all, the new regulations added household pure electric and plug-in hybrid vehicle products in Article 9, Article 20, Article 22, Article 23, and Article 24. The relevant requirements of “Package” make up for the legislative loopholes that have not clearly stipulated the “Three Guarantees” of household pure electric and plug-in hybrid vehicles. For example, Article 9 of the "Regulations" stipulates that the "three guarantees" certificate should include the capacity attenuation limits of the power batteries of household pure electric and plug-in hybrid vehicles during the warranty period and the validity period of the "three guarantees".

"Secondly, Article 40 of the new rules expands the concept of family car products, and includes pickup trucks purchased and used by consumers for their daily consumption needs in the category of family car products, and this'Three Guarantees' regulations apply." Li Xue said .

At the same time, the "Regulations" clearly pointed out that within 7 days from the date of validity of the "Three Guarantees" for household car products, if the engine, transmission, power battery, driving drive motor or its main components need to be replaced due to quality problems, consumers can rely on it. Car purchase invoices and "three guarantees" voucher choose to replace family car products or return.

Regarding the purpose of adding a 7-day refundable clause, Liang Zhenpeng analyzed and pointed out that because individual dealers and auto manufacturers treat refurbished cars and second-hand cars with quality problems as new cars for sale, this situation is not uncommon in the process of consumer rights protection. , Added a 7-day refundable clause. After purchasing the car, consumers can protect their rights to the greatest extent, whether it is self-testing or discovering problems at any time during use.

Li Xue also analyzed and pointed out to reporters that the main purpose is to further increase the protection of consumers' legitimate rights and interests, and to impose stricter "three guarantees" requirements on operators, which also plays a role in supervising and improving the quality of family cars.

In addition, the "Regulations" also released a number of benefits.

Article 7 of the "Regulations" states that: the family car products produced by the manufacturer shall comply with the laws and regulations and the quality requirements agreed by the parties. It is not allowed to leave the factory for sale without passing the inspection.

Li Xue said that on the premise that family car products should meet the quality requirements stipulated by laws and regulations, the new rules should also meet the quality requirements agreed by the parties when adding family car products compared with the old rules. The quality requirements for customized and personalized family car products are also included in the "three guarantees" management category.

In the "Regulations", Article 8 clearly defines the "Product Conformance Certificate" as the basic vehicle-mounted document, and Article 9 of the new regulations integrates and lists the contents of the "Three Guarantees" vouchers. Date, delivery date of the vehicle", "Use compensation factor", "Type range of main parts and special parts, range of wearable parts and its quality guarantee period", "Household pure electric, plug-in hybrid The capacity attenuation limit of the power battery of automobile products during the warranty period and the validity period of the "three guarantees" is directly stipulated as the content that must be listed in the "three guarantees" certificate to inform consumers.

"This regulation further improves the scope of the'Three Guarantees' voucher information and vehicle-mounted documents to protect consumers' right to know." Li Xue said.

On the whole, “the old regulations have a total of 48 articles, and the new regulations have been reduced to 42 articles. The new regulations have optimized and streamlined some of the old regulations in terms of style and language, and made them more practicable. At the same time, the new regulations compensate for the use of pure electric household appliances, Plug-in hybrid and pickup truck products are blank in the "Three Guarantees" regulations, and the "Three Guarantees" content is systematized and standardized, and the operator’s three guarantees responsibilities are strictly enforced to improve the level of consumers’ enjoyment of the "Three Guarantees" service. The family car industry will also flourish under the regulation and guidance of the new "Three Guarantees" regulations." Li Xue said.