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Car "Three Guarantees" Regulations Entering the Legislative Process

China is set to announce and implement its "Three Guarantees" system for automotive products this year. The draft regulation, titled "Responsibility Regulations for Repair, Replacement, and Return of Household Automotive Products," has completed multiple rounds of discussions and pilot tests, and is now moving forward in the legislative process. This system outlines the rules for repairing, replacing, or returning household vehicles, with the principle that the seller is ultimately responsible for the three guarantees. According to the draft, the three guarantees will be valid for two years or 40,000 kilometers. During this period, if a vehicle has quality issues, consumers can request repairs, replacements, or returns under warranty. If any losses occur, sellers, manufacturers, and repairers are legally obligated to compensate accordingly. If a vehicle requires two repairs but still cannot function properly, consumers can submit a return request to the dealer. Additionally, during the validity period, repairers must provide at least one free maintenance service to the consumer. Under the Consumer Law, goods listed on the "Three Guarantees" list come with clear legal responsibilities and straightforward return conditions. However, large items such as cars have not been included in this system, which has led to difficulties in resolving consumer complaints. With the growing number of vehicles on Chinese roads, issues like complaint resolution, mediation challenges, and compensation have become major concerns for car owners. It is also reported that another significant car consumption policy, directly affecting the interests of car buyers, is expected to be released this year. This new regulation addresses sensitive topics such as additional fees that consumers often face when purchasing, using, or maintaining their vehicles. For the first time, it clearly states that consumers have the right to refuse to pay any unreasonable extra charges. Background: During the "3-15" Consumer Rights Day period, AQSIQ (General Administration of Quality Supervision, Inspection and Quarantine) along with other four departments announced that China would begin implementing a recall system for defective automobiles from October 1st. Experts have pointed out that the defective vehicle recall system and the "Three Guarantees" system address different types of problems in automotive products. According to Wang Lijun, Director of the Product Division at AQSIQ's Quality Management Department, the defective product management system mainly deals with systemic issues caused by design or manufacturing flaws. He emphasized that the "Three Guarantees" and recalls are not the same. While recalls target widespread defects across a batch of vehicles, the "Three Guarantees" focus on individual, random failures. The recall system is designed to address issues that affect an entire batch or type of vehicle, even if they haven’t yet malfunctioned. In such cases, the vehicle must be repaired or replaced. On the other hand, the "Three Guarantees" system addresses individual product issues, with the responsible party handling repairs, replacements, or returns. Together, these two systems create a comprehensive safety net for automotive product quality, effectively safeguarding consumer rights and interests.

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