The Ministry of Industry and Information Technology issued regulations on the management of new energy vehicle manufacturing enterprises and product access.

SMM8 March 19: the Ministry of Industry and Information Technology issued the revised regulations on the Management of New Energy vehicle production Enterprises and Product access on the 19th. The regulations point out that those who apply for access to new energy vehicle production enterprises shall meet the requirements of relevant state laws, administrative regulations, rules, automobile industry development policies and macro-control policies. The applicant is an automobile production enterprise that has obtained access to a road motor vehicle production enterprise, or a newly-built automobile production enterprise that has completed the procedures for investment projects in accordance with the relevant investment management regulations of the state. Automobile manufacturing enterprises that produce new energy vehicles across product categories shall also complete the procedures for investment projects in accordance with the relevant state investment management regulations. The original text is as follows:

Article 1 in order to implement the national strategy for the development of new energy vehicles, standardize the production activities of new energy vehicles, ensure the safety of citizens' life, property and public safety, and promote the sustained and healthy development of the new energy vehicle industry, in accordance with laws and regulations such as the Administrative license Law of the people's Republic of China, the Road Traffic Safety Law of the people's Republic of China, and the decision of the State Council to set administrative licenses for administrative examination and approval items that really need to be retained, Formulate these regulations.

Article 2 these provisions shall apply to enterprises producing 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 producing new energy vehicle products for use within the people's Republic of China.

Article 3 the term "automobile" as mentioned in these provisions refers to the complete vehicle (complete vehicle) and chassis (incomplete vehicle) specified in paragraph 2.1 of the National Standard "terms and Definitions of Automobile and trailer types" (GB/T3730.1-2001), excluding three-wheeled vehicles with a complete mass of more than 400kg.

The term "new energy vehicles" as mentioned in these provisions refers to vehicles that adopt new power systems and are driven entirely or mainly by new energy sources, including plug-in hybrid (including incremental) vehicles, pure electric vehicles and fuel cell vehicles, etc.

Article 4 the Ministry of Industry and Information Technology shall be responsible for implementing the admittance, supervision and administration of new energy vehicle manufacturing enterprises and products throughout the country.

The competent departments of industry and information technology of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for the daily supervision and management of new energy vehicle production enterprises and products within their respective administrative areas, and shall cooperate with the Ministry of Industry and Information Technology in the implementation of access management.

Article 5 those who apply for access to new energy vehicle manufacturing enterprises shall meet the following conditions:

(1) to meet the requirements of the relevant laws, administrative regulations and rules of the state and the policies for the development and macro-control of the automobile industry.

(2) the applicant is an automobile production enterprise that has obtained access to a road motor vehicle production enterprise, or a newly-built automobile production enterprise that has completed the formalities for investment projects in accordance with the relevant investment management regulations of the State.

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

(3) to have the necessary production capacity, production consistency guarantee capability, after-sales service and product safety guarantee capability necessary for the production of new energy vehicle products, and to meet the requirements for access examination of new energy vehicle production enterprises (see Annex 1, hereinafter referred to as "access examination requirements").

For large automobile enterprise groups that meet the requirements prescribed by the Ministry of Industry and Information Technology, under the premise of unified planning, unified management and corresponding regulatory responsibilities of enterprise groups, the access conditions of its subordinate enterprises (including subsidiaries and branches) shall be simplified, and the requirements for access examination of enterprises under the enterprise group shall be applied (see Annex 2).

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

Article 6 Automobile manufacturing enterprises shall refit and produce new energy vehicle products on the basis of the whole vehicle or chassis of new energy vehicles that have been listed in the "Road Motor vehicle production Enterprises and products announcement" (hereinafter referred to as the "announcement"). If the modification does not affect the chassis, vehicle energy system, drive system and control system, it is not necessary to apply for access to the new energy vehicle production enterprise.

Article 7 New energy vehicle products applying for access shall meet the following conditions:

(1) to comply with the relevant laws, administrative regulations and rules of the State.

(2) to comply with the Special Inspection items and Standards for New Energy vehicle products (see Annex 3), as well as the relevant standards for conventional automobile products of the same category.

(3) the testing institutions recognized by the state (hereinafter referred to as testing institutions) are qualified for testing.

(4) to meet the safety technical requirements prescribed by the Ministry of Industry and Information Technology.

According to the actual situation of the development of the new energy vehicle industry and the revision of the relevant standard system, the Ministry of Industry and Information Technology shall timely adjust the relevant contents of the "Special Inspection items and Standards for New Energy vehicle products" and announce them to the public before implementation.

Article 8 those who apply for access to new energy vehicle manufacturing enterprises shall submit the following materials to the Ministry of Industry and Information Technology:

(1) documents applying for access examination of new energy vehicle manufacturing enterprises.

(2) the Application for access of New Energy vehicle production Enterprises (see Annex 4) and relevant supporting materials.

(3) A copy of the business license of the enterprise legal person of the newly-built new energy vehicle manufacturing enterprise, as well as the documents for going through the formalities of investment projects in accordance with the relevant investment management regulations of the State. A Sino-foreign equity joint venture shall also submit a certificate of shareholding ratio between Chinese and foreign shareholders.

Article 9 those who apply for access to new energy vehicle products shall submit the following materials to the Ministry of Industry and Information Technology:

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

(2) the inspection report of new energy vehicle products issued by the testing institution.

(3) other circumstances that need to be explained.

Article 10 after receiving the application for access, the Ministry of Industry and Information Technology shall inform the applicant on the spot or within 5 days of all the contents that need to be corrected on the spot or within 5 days if the application materials are incomplete or do not conform to the legal form. If the application materials are complete and in accordance with the legal form, they shall be accepted, and a decision on 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 shall entrust a third-party technical service organization to organize experts to conduct technical examination on the access applications of new energy vehicle production enterprises and new energy vehicle products, including on-site examination and data examination.

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 the technical examination of a third-party technical service organization shall not be counted within the time limit stipulated in Article 10 of these provisions.

Article 12 those who apply for access of new energy vehicle production enterprises shall be exempted from examination of 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 testing institutions shall carry out the inspection of new energy vehicle products in strict accordance with the relevant provisions of the Ministry of Industry and Information Technology, and shall not change the testing requirements without authorization.

Article 14 the production enterprises and products of new energy vehicles that have passed the examination shall be promulgated by the Ministry of Industry and Information Technology through the announcement.

The Ministry of Industry and Information Technology shall not be included in the announcement for the production enterprises and products of new energy vehicles that do not meet the conditions and standards stipulated in these provisions.

New energy vehicle manufacturing enterprises shall produce new energy vehicle products in accordance with the licensing requirements specified in the announcement.

Article 15 New energy vehicle manufacturing enterprises shall strengthen the management and standardize the use of the ex-factory certificate of new energy vehicle products, and ensure that the ex-factory certificate and its information are only corresponding to and consistent with the actual products.

Article 16 New energy vehicle manufacturing enterprises shall establish a commitment system for after-sales service of new energy vehicle products. The after-sales service commitment shall include the new energy vehicle product quality assurance commitment, after-sales service items and contents, spare parts supply and quality assurance period, feedback on problems found in the after-sales service process, recovery of spare parts (such as batteries), measures to deal with serious problems such as product quality, safety and environmental protection, as well as claim handling, and publish them to the public on the enterprise's website.

Article 17 New energy vehicle manufacturing enterprises shall establish a monitoring platform for the operation safety status of new energy vehicle products, and monitor the operation safety status of all new energy vehicle products sold in accordance with the agreement with the users of new energy vehicle products. The enterprise monitoring platform shall be docked with the local and national monitoring platform for the promotion and application of new energy vehicles.

New energy vehicle manufacturing enterprises and their staff shall take good care of the information on the operation safety status of new energy vehicle products, and shall not divulge, tamper with, damage, sell or illegally provide to others, and shall not monitor information that has nothing to do with the operation safety status of the products.

Article 18 New energy vehicle manufacturing enterprises shall, during the whole life cycle of their products, establish files for each new energy vehicle product, track and record the use, maintenance and maintenance of vehicles, and implement traceability information management of power batteries of new energy vehicles, track and record the recovery and utilization of power batteries.

New energy vehicle manufacturing enterprises shall analyze and summarize the technical status, faults and main problems of new energy vehicle products, and prepare an annual report (see Annex 6). The annual report shall be filed for reference during the whole life cycle of new energy vehicle products.

Article 19 where the new energy vehicle product category or power system (including plug-in hybrid, pure electric, fuel cell, etc.) applied for access by a new energy vehicle manufacturing enterprise is different from the new energy vehicle products already listed in the announcement, or if the production address is added or changed, the materials listed in Article 8 of these provisions shall be submitted to the Ministry of Industry and Information Technology, which shall, in principle, be subject to on-site examination.

New energy vehicle manufacturing enterprises that have obtained access to plug-in hybrid vehicles or fuel cell vehicles shall only conduct data examination if they apply for access to products of the same category of pure electric vehicles.

Article 20 New energy vehicle manufacturing enterprises shall continue to meet the relevant regulations such as access examination requirements and production consistency, so as to ensure the normal operation of the safety guarantee system for new energy vehicle products.

Article 21 if a new energy vehicle manufacturing enterprise discovers that there are serious problems in safety, environmental protection and energy conservation of new energy vehicle products, it shall immediately stop the production and sale of related products, take measures to carry out rectification and reform, and promptly report to the Ministry of Industry and Information Technology and the industrial and information departments of relevant 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 examination requirements" of new energy vehicle production enterprises, the production consistency and the operation of the monitoring platform, etc. the inspection methods include data examination, on-the-spot verification, market sampling and performance testing, etc.

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 the monitoring platform within their respective administrative areas. If a new energy vehicle manufacturing enterprise is found to have major changes in the requirements listed in the requirements for access examination, major hidden dangers in production management, products that do not meet safety technical standards, or illegal acts, it shall be reported to the Ministry of Industry and Information Technology in a timely manner.

Article 23 the Ministry of Industry and Information Technology shall give special publicity to new energy vehicle manufacturing enterprises that have stopped producing new energy vehicle products for 24 months or more.

The Ministry of Industry and Information Technology shall verify the situation of the new energy vehicle manufacturing enterprises that have been specially publicized to maintain the "access examination requirements" before resuming production.

Article 24 the Ministry of Industry and Information Technology shall establish the credit database of new energy vehicle manufacturing enterprises and include in the credit database the situation of enterprises violating the requirements of production consistency, fraudulent application materials and administrative penalties.

Article 25 if a new energy vehicle manufacturing enterprise fails to maintain the "access examination requirements" and there are hidden dangers to public safety, personal health and life and property safety, the Ministry of Industry and Information Technology shall order it to stop its production and sales activities and order it to make corrections immediately.

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

Article 27 if anyone conceals the relevant information or provides false materials to apply for access to new energy vehicle production enterprises or new energy vehicle products, the Ministry of Industry and Information Technology shall not accept or refuse access, and shall give a warning, the applicant shall not apply for access again within one year.

If a new energy vehicle manufacturing enterprise or product access is obtained by fraud, bribery or other improper means, the Ministry of Industry and Information Technology shall revoke the access of its new energy vehicle manufacturing enterprise and product, and the applicant shall not apply for access again within three years.

Article 28 where a new energy vehicle manufacturing enterprise produces or 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 punish them in accordance with the relevant provisions of the Road Traffic Safety Law of the people's Republic of China.

Article 29 these provisions shall enter into force as of July 1, 2017. The New Energy vehicle Manufacturing Enterprises and Product access Management rules (Industrial Industry (2009) No. 44) announced by the Ministry of Industry and Information Technology on June 17, 2009 shall be abolished at the same time. If the relevant provisions promulgated before the implementation of these provisions are inconsistent with these provisions, these provisions shall prevail.

Attachment:

1. Access review requirements for new energy vehicle manufacturers. Docx

two。 Access review requirements of enterprises affiliated to enterprise groups. Doc

3. Special inspection items and standards for new energy vehicle products. Doc

4. Application for admission of new energy vehicle manufacturing enterprises. Doc

5. Table of main technical parameters of new energy vehicle products. Docx

6. Annual report on new energy vehicles. Doc

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