The specifications are published in the Official Journal
The specifications governing the conditions and methods of operation of new car dealers were published this Thursday in Official Journal No. 76.
Regarding the conditions and methods of operation of new vehicle dealers, the authorized dealer must have adequate infrastructure for exhibition, after-sales service and storage in accordance with the applicable laws and regulations.
An authorized dealer is required to have staff with the required qualifications and/or professional experience supported by relevant documentation in the areas of marketing and automotive trade.
Periodic continuing training from an authorized dealer and
development of employees and distribution network. The concession agreement must specify the training plan provided by the concessionaire manufacturer.
As part of a distributor network, an approved dealer is required to have its own infrastructure and/or use approved agents to ensure proximity to its customers and fulfill its commitments to them.
Thus, at the end of the first year of approval, an approved concessionaire must establish itself at least at the level of twenty-eight (28) provinces spread over the national territory.
An authorized dealer must have sufficient stock of original spare parts and accessories or of quality approved by the concessionaire manufacturer to cover the vehicle warranty and after sales service provisions.
Only those equipped with a petrol, electric, hydrogen, hybrid engine: petrol/electric, petrol/hydrogen or LPG/CNG or inclined and gas emissions compliant with applicable legislation and regulations.
The import of new vehicles must be carried out in accordance with the provisions of Article 52 of Law No. 13-08 dated December 30, 2013, which was amended to the financial law for 2014.
Compliance control of imported motor vehicles is carried out in accordance with normative legal acts before the customs clearance operation within the framework of release for consumption at the level of port infrastructures, temporary warehouses or customs warehouses.
checks the suitability of the vehicle.
An authorized dealer must purchase supplies from a concession manufacturer or one of its subsidiaries and undertakes to import only the makes and models of vehicles authorized by it.
Invoicing of newly imported vehicles must be done by the licensing manufacturer or one of its subsidiaries.
Any payment related to the purchase of a vehicle must be made by cashless payment through banking and financial circulation in accordance with applicable laws and regulations.
Regarding the entry conditions for the implementation of the dealer activity, Article 4 states that the implementation of the activity of the dealer of new motor vehicles must be concluded with a mandatory dealer agreement with the manufacturer who issues a license for the dealer.
The implementation of this activity is carried out in accordance with the provisions of this decree and the specifications attached to the appendix.
The applicant must obtain prior approval to complete the steps to implement the investor investment.
Prior authorization does not constitute authorization to actually perform the activity.
Obtaining prior authorization is subject to the submission of a file, including:
— request for prior authorization;
— specifications attached to this decree
consisting of a commitment form dated, signed and initialed by the applicant investor and marked “read and approved”;
— a copy of the company charter indicating the dealer activity code;
— declaration of validity drawn up by the manager
natural person according to the example attached to this decree;
— an exclusive dealer agreement or memorandum of understanding drawn up for a minimum period of five (5) years between the concessionaire manufacturer and the applicant for new vehicle dealership activities.
The file is kept at the technical secretariat of the committee in exchange for a deposit receipt.
The validity period of the previous authorization
twelve (12) months are defined.
Pre-authorized
to the minister in charge of industry within thirty (30) days from the date of issuance of the deposit receipt after the opinion of the committee referred to in Article 15 of this decree.
Any negative feedback must be justified and reported to the authority
application by the technical secretariat of the committee within thirty (30) days from the date of issuance of the deposit receipt.
The Appeals Commission shall respond within thirty (30) days of receipt of the appeal filed by the applicant.
Effective implementation of the activity of a dealer of new motor vehicles is a condition for obtaining consent for the implementation of this activity.
There must be a required file to get approved
understand :
– application for approval;
– a copy of the initial permit;
— tax identification number;
— a copy of the extract from the commercial register
electronics;
— extract from the audited role;
— renewal certificate issued by the body responsible for social security and currently in force;
— the list of personnel and their qualifications, accompanied by a certificate of affiliation to the body responsible for social security;
— a copy of the exclusive concession agreement linking the concessionaire with the concessionaire producer;
— documents justifying the existence of vehicle storage infrastructure, spare parts, after-sales service workshops, as well as car showrooms
and sales.
The application document for approval is submitted to the technical secretariat together with the receipt.
Without prejudice to the provisions of Article 11, the consent is given in accordance with the model attached to the Law.
this decree by the minister in charge of industry within thirty (30) days from the date of issue of the deposit receipt with the approval of the committee referred to in Article 15 below.
Any reservations expressed by the Committee shall be communicated by its technical secretariat to the applicant by any means within the period specified in the above paragraph.
The applicant must cancel the reported reservations within thirty (30) days from the date of notification.
Inspection visits are carried out by a specialist before the application for approval is considered by the committee referred to in Article 15.
A joint commission consisting of the following representatives under the chairmanship of the territorially competent regional manager responsible for industry:
— regional office responsible for domains;
— Provincial Civil Defense Department;
— provincial administration responsible for mines;
— Department responsible for urban planning and construction of the province;
— the direction of the province responsible for trade;
— the direction of the province responsible for transport;
— regional office responsible for employment;
— Department of the province responsible for the environment.
The Joint Committee referred to in Article 11 is responsible for verifying and determining the existence of infrastructures related to the submitted documents:
a descriptive report of the building and infrastructure forming part of the application for approval within ten (10) days.
The activity of the joint commission is determined by the decision of the minister in charge of the industry. The approval issued by the minister responsible for industry, valid for a period of five (5) years, is drawn up in eleven (11) originals:
• interested party;
• Authorized services of the Prime Minister;
• Ministry of Finance (General Administration of Customs and General Administration of Taxes);
• the ministry responsible for internal affairs bodies and local authorities;
• Ministry responsible for mines;
• the relevant service of the ministry responsible for the industry;
• Ministry responsible for trade;
• Ministry responsible for transport;
• ministry responsible for employment;
• the ministry responsible for the environment.
Any request for extension of approval must be submitted in the same manner ninety (90) days prior to its expiration date.
Any adverse opinion given by the Committee
Article 15, duly justified, shall be notified to the applicant by its technical secretariat within the time limits provided for in Article 10.
The applicant who considers himself wronged has the right to appeal to the appeal commission provided for in Article 18 within fifteen (15) days from the day of the opinion.
The Appeals Commission shall respond within thirty (30) days of receipt of the appeal filed by the applicant.
