Decision and interpretation of the Ministry of Industry and Information Technology on amending the "New Energy Vehicle Production Enterprises and Product Access Management Regulations"

Decree of the Ministry of Industry and Information Technology of the People's Republic of China No.54

The Decision of the Ministry of Industry and Information Technology on Amending the "New Energy Vehicle Production Enterprises and Product Access Management Regulations" has been reviewed and adopted at the 16th Ministerial Meeting of the Ministry of Industry and Information Technology on July 14, 2020, and is hereby promulgated and will come into force as of September 1, 2020.

Miao Wei, Minister of Industry and Information Technology

July 24, 2020

Decision of the Ministry of Industry and Information Technology on amending the Regulations on the Administration of New Energy Vehicle Production Enterprises and Product Access

In order to better meet the development needs of China's new energy automobile industry, the Ministry of Industry and Information Technology decided to make the following amendments to the "New Energy Automobile Production Enterprises and Product Access Management Regulations" (Ministry of Industry and Information Technology Order No. 39) :

(1) Delete the "design and development capability" in Article 5 (3).

The second paragraph of Article 22 is amended as "The competent departments of industry and information technology of provinces, autonomous regions and municipalities directly under the Central Government shall supervise and inspect the production of new energy vehicle production enterprises and the operation of monitoring platforms within their administrative areas." It is found that new energy vehicle production enterprises have major changes in the requirements listed in the "Requirements for Access Review", there are major safety risks in production management, products do not meet safety technical standards, and illegal acts, and so on, shall report to the Ministry of Industry and Information Technology in a timely manner."

(3) Amend "12 months" in paragraph 1 of Article 23 to "24 months".

Article 28 is amended as "Where new energy vehicle manufacturers produce and sell new energy vehicle models not included in the Announcement of the Ministry of Industry and Information Technology without authorization, the Ministry of Industry and Information Technology shall be punished in accordance with the relevant provisions of the Road Traffic Safety Law of the People's Republic of China."

Article 29, 30 and 31 shall be deleted.

Vi. The "New energy vehicle production enterprise access review Requirements", "Enterprise group subsidiary enterprise access review requirements", "New energy vehicle production enterprise access application", "New energy vehicle product main Technical parameters Table" and "New energy vehicle Annual Report" in the annex of the "New energy Vehicle Production enterprise access Management Regulations" are revised (see annex).

This decision shall take effect as of September 1, 2020. The "New Energy Vehicle Production Enterprises and Product Access Management Provisions" shall be revised accordingly and re-published in accordance with this decision.

Interpretation of the Decision of the Ministry of Industry and Information Technology on amending the Regulations on the Administration of New Energy Vehicle Production Enterprises and Product Access

On July 24, 2020, the Ministry of Industry and Information Technology announced the "Decision of the Ministry of Industry and Information Technology on amending the" New Energy Vehicle Production Enterprises and Product Access Management Regulations "(Ministry of Industry and Information Technology Order No. 54, hereinafter referred to as the" Decision "). In order to better understand and implement the Decision, the person in charge of the Department of Industrial Policy and Regulations of the Ministry of Industry and Information Technology has read the Decision.

Q: What is the background of amending the "New Energy Vehicle Production Enterprises and Product Access Management Regulations"?

A: In order to regulate the production activities of new energy vehicles, protect citizens' life and property safety and public safety, and promote the sustainable and healthy development of China's new energy vehicle industry, the Ministry of Industry and Information Technology issued and implemented the "Access Regulations" in 2017. Since the release and implementation of the "Access Regulations", the capacity of new energy vehicle manufacturers has been continuously improved, the product quality and safety level has been effectively improved, and the development of China's new energy vehicle industry has made positive progress. With the development and changes of the domestic and international situation, in order to better meet the needs of the development of China's new energy automobile industry, further relax the access threshold, stimulate the market vitality, strengthen the post-event supervision, and promote the high-quality development of China's new energy automobile industry, it is necessary to revise some provisions of the "Access Regulations".

Q: What has been done in the process of revision?

A: In early 2020, the Ministry of Industry and Information Technology launched the revision of the Access Regulations. In the process of revision, the following work was mainly carried out: First, adhere to the problem-oriented, and form a revision plan on the basis of listening to the opinions of relevant parties. Second, in April 2020, we solicited the opinions of the Development and Reform Commission, the Ministry of Finance and other departments on the Decision in writing. The third is to solicit public opinions through the "Legal Information Network of the Chinese Government" and the website of the Department of Industry and Information Technology. On the basis of full study and absorption of opinions from all sides, the draft Decision was formed.

On July 14, 2020, the 16th Ministerial Meeting of the Ministry of Industry and Information Technology deliberated and adopted the Decision. The Decision (Decree No. 54 of the Ministry of Industry and Information Technology) was promulgated on July 24, 2020 and will come into force on September 1, 2020.

Q: What are the main contents of the revision?

A: There are three major changes:

The first is to delete the requirements of "design and development ability" for applying for the admission of new energy vehicle production enterprises. In order to better stimulate the vitality of enterprises and reduce the entry threshold of enterprises, the relevant content of "design and development capability" in Article 5 and the annex to the "New energy Vehicle production Enterprise Access Review Requirements" was deleted.

The second is to adjust the time for new energy vehicle manufacturers to stop production from 12 months to 24 months. "Road motor vehicle production enterprises and product access management Measures" (Ministry of Industry and Information Technology Order No. 50) Article 34 paragraph 3 of the production enterprise can not maintain normal production and operation for two consecutive years, the need for special publicity. The requirements for special publicity of new energy vehicle manufacturers in the "Access Regulations" should be consistent with them.

The third is to delete the interim provisions on the transitional period for new energy vehicle manufacturers to apply for access. The interim provisions of the transition period mainly apply to new energy vehicle manufacturers and products that have obtained access before the implementation of the Access Provisions, requiring them to comply with the relevant transitional provisions during the period from July 1, 2017 to June 30, 2019, and the current transition period has ended.

At the same time, in accordance with the amendment of the above provisions, the Decision makes corresponding amendments to some annexes of the Access Provisions.