Although the "Administrative Measures for the Implementation of the Disclosure of Automobile Maintenance Technology Information" (hereinafter referred to as the "Management Measures") is to promote the "Guiding Opinions on Promoting the Transformation and Upgrade of the Automobile Maintenance Industry to Improve the Service Quality" issued by the Ministry of Communications and other 10 ministries and commissions last year (hereinafter referred to as "Guidance" "Opinions") The first implementation of the effective implementation of the rules, but in the former "Consultation Draft" published in the past, there are still many questions and have not been answered, and the core issue is how to clarify the responsibilities of stakeholders, avoid wrangling, Effectively protect the interests of consumers, and should not simply be a redistribution of interests of stakeholders.
Just after the Spring Festival holiday, the Ministry of Communications issued the “Administrative Measures for the Implementation of Vehicle Maintenance Technology Information Disclosure†(Draft for Comment) on its official website, which is compared with the “Guidance Opinion†issued last year. The "Opinion Draft" is defined as the implementation rules. Relevant persons from the Ministry of Communications introduced the "International Business Daily", summed up the social opinions in the first half of the year and formed the final draft, and then issued the official "Administrative Measures."
As a detailed implementation rule, the reporter saw in the "Draft for Comment" that the catalogue of maintenance technical information and the time and form of the policy requirements are subject to more detailed regulations. For example, the time for the disclosure of automobile maintenance technical information is postponed, and the new vehicle is given a six-month buffer period; in principle, the manufacturer should set up an information disclosure website by directly or authorizing a third-party agency to provide maintenance technical information to the user.
Chen Wenkai, president of Gasgoo.com, who has been engaged in automotive aftermarket research for many years, said that the "Draft for Comment" has carried out the spirit of implementing the "Guidance Opinion", the requirements for the disclosure of automobile maintenance technology, the responsibility and obligation of users, supervision and inspection, and handling. Detailed deployment should be positive about its positive significance.
However, Chen Wenkai also said that since it is a "draft for comment", there must be some imperfections. For example, behind the user's responsibility and obligations, a strong independent third-party appraisal or evaluation agency is needed to provide convenience for the parties involved in the dispute. The evaluation of authority is even the basis of jurisprudence, but at present China is indeed lacking in this respect. Therefore, I hope that the "Administrative Measures" will be more perfect in this regard.
A veteran familiar with international practices said that public maintenance information should be done, and the EU or other countries or regions do the same, but if the EU has a more complete credit system, third-party evaluation agencies and legal environment, Defining the specific responsibilities and obligations of the parties to protect the interests of consumers. However, China needs an overall and systematic design, not limited to the maintenance industry.
The information related to the intellectual property rights is released in China. The automobile maintenance enterprises mainly have two types of 4S shop systems authorized by automobile production enterprises to carry out automobile sales and maintenance services, and non-authorized comprehensive automobile maintenance enterprises. Among them, comprehensive maintenance enterprises account for 90% of the industry. The total number of 4S stores is small, but due to the high quality of maintenance services, it has repaired about 60% of the business volume of the whole industry.
However, the key reason for the introduction of the "Administrative Measures" is that manufacturers use the maintenance technology and the monopoly of the original parts, and they have absolute control over the price, which is suspected of harming the interests of consumers. The original intention of the "Administrative Measures" is to break the monopoly of such channels and prices.
This is also an international practice. In the case of the European Union, the EU Automotive Emissions Regulation (EC715/2007) defines vehicle maintenance and repair technical information as: vehicle diagnostics, maintenance, periodic inspection, repair, reprogramming or reinitialization required by the manufacturer for its authorized distribution. All information about the quotient and the repairer, including all subsequent revisions and additions to this information, as well as all the information required to install the parts or equipment for the vehicle.
The public information catalogue of the maintenance technical information contained in this "Opinion Draft" includes 13 public information such as vehicle identification code and automobile maintenance manual. The maintenance operator shall carry out maintenance work in accordance with the national, industrial or local maintenance standard specifications and the maintenance technical information provided by the manufacturer, and issue the "motor vehicle maintenance completion certificate" in accordance with the regulations, and strictly implement the motor vehicle maintenance quality guarantee period system.
However, many of the relevant parties interviewed by the reporter said that the release of maintenance technical information is gradually and impossible to fully liberalize. Liu Weidong, deputy general manager of Dongfeng Motor, told the International Business Daily that in addition to intellectual property issues, even a foreign repairer could not buy all the parts to assemble a car. Therefore, independent repairers will be a good complement to authorized dealers.
An independent repairer in Beijing also said that the company only repairs and upgrades the vehicles that have passed the warranty period, and does not conflict with the manufacturer's warranty. If the core components are repaired and upgraded, the company has authorized suppliers with these components. Long-term cooperation, supported by them.
Based on this, the interests of the manufacturers are also reflected in the "Opinion Draft". That is, the relevant information concerning the manufacturer's trade secrets and affecting the use of intellectual property rules by the manufacturers in accordance with the law may be exempt from disclosure. However, lawyer Jiang Liyong of Beijing Gao Peng Law Firm once told the newspaper that the trade secrets are all determined by the company itself, and the rules must be treated equally to everyone. There must be no exceptions. This requires convening all the car manufacturers to discuss and develop a The rules that can be followed, and this will be a major challenge to unlock the auto repair market in the future.
Missing training content?
For the opening of maintenance technical information to independent repairers, the “Opinion Draft†does not mention how the independent repairer can land this information, except for the information service items, tariff standards and payment methods that the manufacturer can expressly provide for the user.
And the lack of important training content can not be said to be a pity!
The above-mentioned industry veterans pointed out that unlike the authorized dealers' long-term consistent acceptance of the manufacturer's maintenance training, independent repairers do not have such experience. Therefore, manufacturers are particularly important for their brand and consumer interests, and the more luxurious brands, This is the more important it is.
After the reporter carefully read the "Opinion Draft", only the "training institution" mentioned in the word "training". These training institutions are also users of maintenance information, but do they have the training qualifications required by the manufacturers, and do they have to sign a licensing agreement with the manufacturers? The "Opinion Draft" was not further clarified.
The manufacturer's opinion on this is to provide paid training for independent repairers. The head of a mid-range joint venture brand manufacturer told the International Business Daily that the company would consider providing paid training to independent repairers and hope that they would establish a maintenance model similar to the fast repair chain.
In fact, in the EU's anti-vertical monopoly regulations in the motor vehicle sector in 2002, there is also a provision for “protecting and improving the competitiveness of independent and unauthorized maintenance service providersâ€, that is, manufacturers should improve the availability of spare parts and related technical information by independent and unauthorized maintenance service providers. The ability to technically update electronic devices and diagnostic devices, in particular. The regulations also aim to improve the ability of independent and unlicensed service providers to obtain relevant training and all repair tools. By improving the technical level of independent and unlicensed service providers, consumers' roads will be better protected.
However, in the real environment of China, for manufacturers to provide training support to independent repairers, authorized dealers have objections. Li Jinyong, the general manager of the huge group, told the International Business Daily that the manufacturer’s practice is unfair to authorized dealers. “Authorized dealers are costly and still subject to a series of commercial policies. In this context, if we It is unfair to enjoy the same training services as independent repairers."
In addition, even for training, Li Jinyong believes that independent repairers will not reach the maintenance level of authorized dealers in a short period of time. “Don't say that the technical information is dynamic, and there is no original accumulation of independent repairers. The technical routes of different brands are very different. For example, the reliability of Japanese cars is very high, the maintenance is relatively stylized, and the German cars like to use new ones. Technology, with independent repairers to repair multi-brand features, can not reach so many technologies in the short term.
Who is responsible for the lack of responsibility of an independent third party?
The public information covered in this Opinion Draft can be repaired according to the independent repairer, and the non-authorized parts supplier can also produce the parts according to it. The "Opinion Draft" stipulates that maintenance diagnostic tools and equipment manufacturers, component manufacturers and other related operators should actively use the maintenance technical information provided by the manufacturer to develop and produce various types of special vehicle maintenance diagnostic tools and equipment, suitable for various types of vehicles. The homogenous accessories provide sufficient market choices for various maintenance operators and consumers.
For a product (accessory), after a service (repair) information is disclosed, the responsibility of the independent repairer and the unlicensed parts supplier, due to the lack of an independent third-party appraisal agency, has created a potential for future consumer rights protection. risk. The "Opinion Draft" stipulates that the repairer shall bear legal responsibility according to the law, due to the improper maintenance of the repairer or the use of counterfeit and shoddy accessories to cause the quality of the vehicle maintenance.
Who should first identify the "improper maintenance" because of the technical level of maintenance personnel or the problem of repairing diagnostic equipment. Should these specific and even detailed details be refined? If a consumer has a dispute with an independent repairer, which independent agency is responsible for the identification?
At the same time, due to improper maintenance of the independent repairer, the consumer is also authorized to repair the dealer. According to the "Opinion Draft", the latter cannot be refused, but there is still a provision in the EU, unless the authorized dealer can prove that the vehicle is inferior. Problems caused by improper repair or maintenance of accessories or independent repairers can be rejected. However, this provision is not reflected in the "Opinion Draft". Even if it is embodied, with the certification system of our country, can this regulation be realized, and how can the authorized dealers protect their interests?
Followed by homogenous accessories, who will determine that the consumer is replacing the same quality parts with the original parts at the independent repair shop? The above-mentioned industry veterans pointed out that although the authorized dealer channel is suspected of monopoly of accessories, the channel can usually guarantee that the parts are original parts, and the manufacturer can be responsible for any problems. And at the independent repair service, who will protect the interests of consumers?
According to Chen Wenkai, there are standards in the industry based on different companies and different accessories. For example, depending on the quality, the same accessory, the price is high or low, but consumers have no way to judge this. "Unless the merchant has a conscience and clearly informs the consumer, it can only be that the consumer has suffered a loss and never comes again. However, the merchant's life will not be too long and will be eliminated by the market."
And for homogenous accessories should be classified, such as non-critical "homogeneous" accessories that are not related to safety, such as wipers, door handles should be no problem; and the "homogeneous" of chassis accessories closely related to the owner and public safety is compared It’s complicated. It is understood that when manufacturers develop a new car, they will certify a chassis component. According to the minimum standard development process, it will take half a year and at least 100,000 kilometers to test, because this is a matter of life. With the current ability of non-authorized parts suppliers, whether this standard can be achieved is still a question mark.
Both of the above points involve whether there is a third party institution or system to conduct a fair evaluation of the dispute. The above-mentioned industry veterans said that the EU has an independent third-party appraisal agency, and China has not established an authoritative third-party appraisal and certification system similar to that of developed countries, which will undoubtedly increase the cost of consumer rights protection and even make the problem impossible. It. The lack of such overall environmental support is one of the key reasons why the "Opinion Draft" is difficult to truly land, but this is not a "Opinion Draft" can be resolved.
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