The Ministry of Industry and Information Technology issued a revised new energy vehicle access policy: lower barriers for entry

On August 19, the Ministry of Industry and Information Technology officially issued the revised \"Regulations on New Energy Vehicle Manufacturers and Product Access Management\". The revised regulations on new energy vehicle manufacturers and product access management deleted the original application for new energy vehicle manufacturers. Enter the requirements of \"design and development capabilities\". In order to better stimulate the vitality of enterprises and lower the entry barriers for enterprises, the original Article 5 and the relevant content related to \"design and development capabilities\" in the annexes such as the original Article 5 and the \"Requirements for the Access Review of New Energy Automobile Manufacturers\" have been deleted. Adjust the time for new energy vehicle manufacturers to stop production from 12 months to 24 months. The new regulations will come into effect on September 1.

The original policy is as follows:

Regulations on Management of New Energy Vehicle Production Enterprises and Product Access

(On January 6, 2017, the Ministry of Industry and Information Technology issued Order No. 39. According to the Ministry of Industry and Information Technology Order No. 54 issued on July 24, 2020, the Ministry of Industry and Information Technology revised the \"New Energy Vehicle Production \"Regulations on the Administration of Enterprise and Product Access\" Decision\" revised.)

Article 1 In order to implement the national strategy for the development of new energy vehicles, regulate the production activities of new energy vehicles, ensure the safety of citizens’ lives and property and public safety, and promote the sustainable and healthy development of the new energy vehicle industry, in accordance with the “Administrative Licensing Law of the People’s Republic of China”, The Republic’s Road Traffic Safety Law, “The State Council’s Decision on the Establishment of Administrative Licenses for Administrative Approval Items that Really Need to Be Retained,” and other laws and regulations formulate these regulations.

Article 2 These Regulations shall apply to enterprises that produce new energy vehicles within the territory of the People's Republic of China (hereinafter referred to as new energy vehicle production enterprises) and their activities in the production of new energy vehicle products used in the territory.

Article 3 The term \"automobile\" mentioned in these regulations refers to the entire vehicle (complete vehicle) and chassis (incomplete vehicle) specified in paragraph 2.1 of the national standard \"Terms and Definitions of Automobiles and Trailers\" (GB/T3730.1-2001). Vehicles), excluding three-wheeled vehicles with a curb weight exceeding 400 kg.

The term \"new energy vehicles\" as used in these regulations refers to vehicles that use new power systems and are driven entirely or mainly on new energy sources, including plug-in hybrid (including extended range) vehicles, pure electric vehicles, and fuel cell vehicles.

Article 4 The Ministry of Industry and Information Technology is responsible for implementing the access and supervision and management of new energy automobile manufacturers and products nationwide.

The competent departments of industry and information technology of provinces, autonomous regions, and municipalities directly under the Central Government are responsible for the daily supervision and management of new energy vehicle manufacturers and products in their respective administrative regions, and cooperate with the Ministry of Industry and Information Technology to implement access management related work.

Article 5 Anyone applying for the admission of a new energy automobile production enterprise shall meet the following conditions:

(1) Comply with the requirements of relevant national laws, administrative regulations, rules and automobile industry development policies and macro-control policies.

(2) The applicant is an automobile production enterprise that has obtained the permission of road motor vehicle production enterprise, or is a new automobile production enterprise that has completed the investment project procedures in accordance with the relevant state investment management regulations.

Automobile production enterprises that produce new energy vehicles across product categories shall also complete the investment project procedures in accordance with the relevant state investment management regulations.

(3) Possess the necessary production capacity, product production consistency guarantee capacity, after-sales service and product safety guarantee capacity necessary for the production of new energy vehicle products, and meets the \"New Energy Vehicle Production Enterprise Access Review Requirements\" (see Annex 1, hereinafter referred to as \" Access review requirements\").

For large-scale automobile enterprise groups that meet the requirements of the Ministry of Industry and Information Technology, under the premise of unified planning, unified management, and corresponding regulatory responsibilities of the enterprise group, the access conditions for their subsidiaries (including subsidiaries and branches) are simplified. Applicable to the \"Access Review Requirements for Subsidiaries of Enterprise Groups\" (see Annex 2).

(4) Comply with the access management rules for conventional automobile production enterprises of the same category.

Article 6 Automobile manufacturers refit and produce new energy vehicle products on the basis of new energy vehicles or chassis that have been listed in the \"Announcement on Road Motor Vehicle Manufacturers and Products\" (hereinafter referred to as \"Announcement\"). The modification does not affect the chassis, For on-board energy systems, drive systems and control systems, there is no need to apply for the admission of new energy vehicle manufacturers.

Article 7 The new energy vehicle products applying for admission shall meet the following conditions:

(1) Comply with relevant national laws, administrative regulations and rules.

(2) Comply with \"Special Inspection Items and Basis Standards for New Energy Vehicle Products\" (see Annex 3), as well as relevant standards for conventional automobile products of the same category.

(3) The inspection agency (hereinafter referred to as the inspection agency) recognized by the state is qualified.

(4) Comply with the safety technical requirements stipulated by the Ministry of Industry and Information Technology.

The Ministry of Industry and Information Technology, in accordance with the actual development of the new energy automobile industry and the revision of relevant standards, timely adjusts the relevant content of the \"Special Inspection Items and Standards for New Energy Automobile Products\" and announces it to the public before implementation.

Article 8 Anyone who applies for the admission of a new energy automobile production enterprise shall submit the following materials to the Ministry of Industry and Information Technology:

(1) Documents applying for the admission review of new energy automobile manufacturers.

(2) \"Application for Access to New Energy Automobile Manufacturers\" (see Annex 4) and relevant certification materials.

(3) A photocopy of the business license of the legal person of the newly-built new energy automobile production enterprise, and the documents for handling the investment project procedures in accordance with the relevant state investment management regulations. A Chinese-foreign joint venture shall also submit proof of the shareholding ratio of Chinese and foreign shareholders.

Article 9 Anyone who applies for the entry of new energy vehicle products shall submit the following materials to the Ministry of Industry and Information Technology:

(1) A table of main technical parameters of new energy vehicle products (see Annex 5).

(2) New energy vehicle product inspection report issued by the inspection agency.

(3) Other situations that need to be explained.

Article 10 After the Ministry of Industry and Information Technology receives an application for admission, if the application materials are incomplete or do not conform to the legal form, it shall notify the applicant on the spot or within 5 days of all the contents that need to be supplemented and corrected. If the application materials are complete and conform to the legal form, they shall be accepted, and a decision of approval or disapproval shall be made within 20 working days from the date of acceptance. If a decision cannot be made within 20 working days, it may be extended by 10 working days with the approval of the person in charge of the Ministry of Industry and Information Technology, and the applicant shall be informed of the reasons for the extension.

Article 11 The Ministry of Industry and Information Technology entrusts a third-party technical service organization to organize experts to conduct technical reviews of new energy vehicle manufacturers and new energy vehicle product access applications. The review methods include on-site review and document review.

The Ministry of Industry and Information Technology has established a database of experts in the field of new energy vehicles, from which experts are selected to form a review team.

The time required for technical review by third-party technical service organizations shall not be calculated within the time limit specified in Article 10 of these Provisions.

Article 12 Those who apply for the admission of new energy automobile production enterprises shall be exempted from reviewing the relevant requirements in the \"Access Examination Requirements\" if they have passed the examination in accordance with the access management rules of conventional automobile production enterprises of the same category.

Article 13 The testing agency shall carry out the testing of new energy vehicles in strict accordance with the relevant regulations of the Ministry of Industry and Information Technology, and shall not change the testing requirements without authorization.

Article 14 New energy vehicle manufacturers and products that have passed the review shall be released by the Ministry of Industry and Information Technology through the \"Announcement\".

The Ministry of Industry and Information Technology will not be included in the \"Announcement\" for new energy vehicle manufacturers and products that do not meet the conditions and standards specified in these regulations.

New energy automobile manufacturers shall produce new energy automobile products in accordance with the licensing requirements specified in the \"Announcement\".

Article 15 New energy automobile production enterprises shall strengthen management and standardize the use of new energy automobile product delivery certificates to ensure that the delivery certificates and their information are uniquely consistent and consistent with actual products.

Article 16 New energy automobile manufacturers shall establish a commitment system for after-sales service of new energy automobile products. After-sales service commitments should include new energy vehicle product quality assurance commitments, after-sales service items and content, spare parts provision and quality assurance period, feedback on problems found in the after-sales service process, recycling of parts (such as batteries), product quality, safety, and environmental protection Contents such as response measures and claims handling in case of serious problems, etc., are posted to the public on the company’s website.

Article 17 New energy vehicle manufacturers shall establish a new energy vehicle product operation safety status monitoring platform, and monitor the operational safety status of all new energy vehicle products sold in accordance with the agreement with the user of the new energy vehicle product. The enterprise monitoring platform shall be connected with the local and national monitoring platforms for the promotion and application of new energy vehicles.

New energy vehicle manufacturers and their staff shall properly keep information on the operational safety status of new energy vehicle products, and must not leak, tamper with, damage, sell, or illegally provide to others, and must not monitor information that has nothing to do with the safety status of product operations.

Article 18 A new energy vehicle manufacturer shall establish a file for each new energy vehicle product throughout the product life cycle, track the use, maintenance and repair of the vehicle, implement new energy vehicle power battery traceability information management, and track records Recycling of power batteries.

New energy vehicle manufacturers shall analyze and summarize the technical status, failures and main problems of new energy vehicle products, and prepare an annual report (see Annex 6). The annual report shall be archived for reference throughout the life cycle of the new energy vehicle product.

Article 19 The new energy vehicle product category or power system (including plug-in hybrid, pure electric, fuel cell, etc.) that the new energy vehicle manufacturer applies for admission is different from the new energy vehicle products listed in the \"Announcement\" , Or adding or changing the production address, the materials listed in Article 8 of these regulations shall be submitted to the Ministry of Industry and Information Technology, and in principle, an on-site review shall be conducted.

New energy vehicle manufacturers that have obtained access to plug-in hybrid vehicles or fuel cell vehicles and apply for access to pure electric vehicles of the same category will only be subject to data review.

Article 20 New energy vehicle manufacturers shall continue to meet the \"Access Review Requirements\" and production consistency and other relevant regulations to ensure the normal operation of the new energy vehicle product safety guarantee system.

Article 21. If a new energy vehicle manufacturer discovers that new energy vehicle products have serious problems such as safety, environmental protection, and energy saving, it shall immediately stop the production and sales of related products, take measures for rectification, and promptly report to the Ministry of Industry and Information Technology and Reports from relevant industry and informatization departments of provinces, autonomous regions, and municipalities directly under the Central Government.

Article 22 The Ministry of Industry and Information Technology shall supervise and inspect the maintenance of the \"Access Review Requirements\", the consistency of production and the operation of the monitoring platform of new energy vehicle manufacturers. The inspection methods include document review, on-site verification, Market sampling and performance testing, etc.

The competent departments of industry and informatization of provinces, autonomous regions, and municipalities directly under the Central Government shall supervise and inspect the production status of new energy vehicle manufacturers and the operation of monitoring platforms in their respective administrative regions. If a new energy vehicle manufacturer is found to have major changes in the requirements listed in the \"Access Review Requirements\", major safety hazards in production management, products that do not meet safety technical standards, and illegal activities, they should promptly report to the Ministry of Industry and Information Technology.

Article 23 The Ministry of Industry and Information Technology shall make special announcements for new energy automobile manufacturers that have stopped producing new energy automobile products for 24 months or more.

The Ministry of Industry and Information Technology shall verify the status of maintaining the \"Access Review Requirements\" for newly announced new energy vehicle manufacturers before they resume production.

Article 24 The Ministry of Industry and Information Technology shall establish a credit database for new energy automobile manufacturers, and include the enterprises' violations of production consistency requirements, fraudulent application materials, and administrative penalties in the credit database.

Article 25 If a new energy vehicle manufacturer cannot maintain the \"Access Review Requirements\", and there are hidden dangers to public safety, personal health, life and property safety, the Ministry of Industry and Information Technology shall order it to stop production and sales activities and order immediate corrections .

Article 26 Where a new energy automobile production enterprise goes bankrupt or voluntarily terminates the production of new energy automobile products, the Ministry of Industry and Information Technology shall revoke or cancel its corresponding new energy automobile production enterprise and product access.

Article 27 Where the Ministry of Industry and Information Technology conceals relevant information or provides false materials to apply for the access of new energy automobile manufacturers or new energy automobile products, the Ministry of Industry and Information Technology will not accept or deny access, and will give a warning. The applicant shall be within one year Cannot apply for admission again.

In case of obtaining the access of new energy vehicle manufacturers or new energy vehicle products by fraud, bribery and other improper means, the Ministry of Industry and Information Technology shall revoke the access of its new energy vehicle manufacturers and products, and the applicant shall not apply for permission again within three years. Into.

Article 28 If a new energy vehicle manufacturer produces and sells new energy vehicle models that are not listed in the \"Announcement\" of the Ministry of Industry and Information Technology without authorization, the Ministry of Industry and Information Technology shall comply with the relevant provisions of the \"Road Traffic Safety Law of the People's Republic of China\" Be punished.

Article 29 These regulations shall come into force on July 1, 2017. On June 17, 2009, the Ministry of Industry and Information Technology promulgated the \"New Energy Vehicle Manufacturers and Product Access Management Rules\" (Industry Industry [2009] No. 44) at the same time. If the relevant regulations announced before the implementation of these regulations are inconsistent with these regulations, these regulations shall prevail.