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Ministry of industry and information technology: new energy vehicle manufacturers and product access management regulations and official interpretation

2020-09-07

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"Regulations on the management of new energy vehicle production enterprises and product access" has been formally implemented, which will be more stringent in terms of production and access audit of new energy vehicles. For example, if new energy vehicle manufacturers find that new energy vehicle products have serious problems such as safety, environmental protection, energy conservation, etc., they should immediately stop the production and sales of relevant products, take measures to rectify, and conceal the relevant situation Or provide false materials to apply for the access of new energy vehicle production enterprises and new energy vehicle products, the Ministry of industry and information technology will not accept or refuse to enter, and will give a warning, and the applicant shall not apply for admittance again within one year. In case of obtaining access to new energy vehicle production enterprises and new energy vehicle products by deception, bribery and other improper means, the Ministry of industry and information technology shall cancel the admittance of new energy vehicle production enterprises and products, and the applicant shall not apply for admittance again within three years.

In order to better understand and implement the regulations, the responsible comrades of the policy and regulation department of the Ministry of industry and information technology interpreted the provisions.


Q: what is the background for the formulation of the regulations?

A: the formulation of the regulations is an urgent need to ensure the safety of people's lives and property and the safety of new energy vehicle products in accordance with the law. In recent years, China's new energy vehicle industry has developed rapidly, and the number of new energy vehicles has increased rapidly. At the same time, many production enterprises lack of product quality control ability, and product safety risks and risks also increase accordingly. Since 2011, there have been 31 electric vehicle safety accidents in China, including 9 and 8 accidents in 2015 and the first half of 2016, respectively. It is an urgent need to formulate the regulations as soon as possible and strengthen the safety requirements of new energy vehicle products to ensure the safety of people's lives and property and public interests.

The formulation of the regulations is the internal requirement of implementing the national strategy of developing new energy vehicles. "2012-2020" issued by the State Council as an important document on the development of new energy industry and automobile industry. In 2009, our ministry issued the new energy vehicle production enterprise and product access management rules (hereinafter referred to as the access rules), which played an important role in promoting the safe, controllable, healthy and orderly development of the industry. However, with the rapid development of the new energy vehicle market and the substantial improvement of the technical level, the "access rules" can no longer meet the management needs; at the same time, the new energy vehicle industry is also faced with prominent problems, such as prominent product safety risks, low access conditions, industry sprawling development trend. In order to promote the sustainable and healthy development of the new energy vehicle industry, it is urgent to summarize the experience of industrial development and management in recent years and speed up the formulation of the regulations.


Q: what is the formulation process of the regulations?

A: in August 2015, our ministry started the drafting of the regulations. In the process of drafting, the following work has been focused on:

The first is to organize argumentation. The organization has repeatedly studied the framework structure, system design and text expression of the provisions, and drafted relevant systems. This paper makes a special study on the key issues in the legislation, improves the relevant systems and forms the regulations (Draft for comments).

Second, solicit opinions from all walks of life. In the process of drafting, the opinions of relevant departments, industry organizations, experts and scholars and production enterprises were extensively listened to. In July and October 2016, our department held two meetings to listen to the opinions of FAW, Dongfeng, BAIC and other production enterprises. In August, through the "China government legal system information network" of the Legislative Affairs Office of the State Council and the Ministry's portal website, the Ministry publicly solicited opinions on the provisions to the public, and simultaneously solicited opinions from 11 departments including the development and Reform Commission, provincial industrial and information competent departments and relevant enterprises. On October 14, our department once again held a forum to listen to the opinions of the refitted manufacturers of self-made chassis. At the same time, we have made a serious study on the division of responsibilities of the Ministry and province, and increased the intensity of punishment, and further revised and improved the relevant system of the provisions. On October 20, the 26th ministerial meeting of our ministry deliberated on the draft provisions.

The third is to inform the world trade organization. According to the deliberation opinions of the ministerial meeting of our ministry and in accordance with the relevant rules of the World Trade Organization (WTO), in December 2016, we issued a WTO / TBT Circular on the draft provisions, studied and responded to the comments of relevant members.

On the basis of the above work, on January 6, 2017, the Ministry of industry and information technology order No. 39 promulgated the provisions. The regulations will come into effect on July 1, 2017.


Q: what are the main contents of the regulations?

A: there are 32 articles in the regulations, which mainly stipulate the following contents:

First, the definition and scope of new energy vehicles have been clarified. According to the "energy saving and new energy vehicle industry development plan (2012-2020)" (GF [2012] No. 22), Article 3 of the regulations defines the new energy vehicle, and defines the scope as plug-in hybrid electric vehicle (including extended range) vehicle, pure electric vehicle and fuel electric cell vehicle.

The second is to improve the access conditions for production enterprises. To apply for the admittance of new energy vehicle production enterprise, the applicant shall be the automobile production enterprise which has obtained the admittance of vehicle production enterprise or the newly-built automobile production enterprise that has completed the procedures for investment project, conforms to the admittance management rules of conventional automobile production enterprises of the same category, and has the design and development capacity, production capacity, production consistency guarantee ability, after-sales service and product safety protection Disability. At the same time, 17 examination requirements are further specified in the "requirements for access review of new energy vehicle manufacturers" (hereinafter referred to as "access review requirements") attached to the regulations, which specifies the access conditions of production enterprises.

The third is to improve the product access conditions. The new energy vehicle products applied for admittance shall comply with relevant laws and regulations, safety technical conditions, special inspection items and basis standards for new energy vehicle products and relevant standards for conventional vehicles of the same category, and shall be tested and qualified by testing institutions. At the same time, 39 inspection standards are further specified in the "special inspection items and basis standards for new energy vehicle products" attached to the "provisions", which specifies the product access conditions.

The fourth is to establish a safety monitoring system. The production enterprise shall establish a monitoring platform for the operation safety status of new energy vehicle products, and monitor the operation safety status of the sold products according to the agreement with users. In order to protect the user's information, the regulations require the production enterprises to properly keep the operation safety status information, and shall not disclose, tamper with, damage, sell or illegally provide to others, and shall not monitor the information irrelevant to the operation safety status.

The fifth is to improve the supervision and inspection measures. According to the regulations, the Ministry of industry and information technology shall supervise and inspect the maintenance of access examination requirements and production consistency of production enterprises by means of data review and on-the-spot verification; the provincial competent departments of industry and information technology shall supervise and inspect the production of production enterprises within their own administrative regions. The Ministry of industry and information technology of the people's Republic of China will make a special announcement to the enterprises that have stopped production for more than 12 months. Before resuming production, it is necessary to check the situation that the enterprises keep the access examination requirements.

The sixth is to strengthen the legal responsibility. For those who conceal relevant information and provide false materials to apply for admittance, the Ministry of industry and information technology will not accept or refuse to apply for admittance again, and the applicant shall not apply for admittance again within one year; for those who obtain admittance by deception, bribery and other improper means, the admittance shall be revoked, and the applicant shall not apply for admittance again within three years. Those enterprises which are not listed in the new road safety law of the people's Republic of China on the production and sale of vehicle models and vehicles not listed in the "road safety law of the people's Republic of China" and those enterprises that have not been listed in the "road safety law of the people's Republic of China" and those enterprises that have not been listed in the "road safety production law of the people's.


Q: what provisions has the regulation made in strengthening the safety requirements of new energy vehicle products and ensuring the safety of people's lives and property?

A: new energy vehicle products are directly related to people's life and property safety, public interests and public safety. The regulations strengthen the safety requirements of new energy vehicle products from the following three aspects, including: first, improve the requirements for production enterprises and product access. According to the regulations, new energy vehicle manufacturers should have the necessary design and development capacity, production capacity, product production consistency assurance capability and product safety assurance capability necessary for the production of new energy vehicle products; those applying for the admittance of new energy vehicle products should comply with safety requirements for electric vehicles Part 1: on board rechargeable energy storage system (REESS) and after electric vehicle collision Safety requirements "and other special safety inspection standards for electric vehicles. The second is to establish a new energy vehicle product operation safety monitoring system. According to the regulations, manufacturers are required to establish a monitoring platform for the operation safety status of new energy vehicle products, monitor the operation safety status of sold products according to the agreement with users of new energy vehicle products, and properly keep the operation safety status information. The third is to establish a "stop call" system. The regulations clearly stipulates that if a production enterprise finds that there are serious safety problems in new energy vehicle products, it shall immediately stop the production and sales of relevant products and take measures for rectification; if the production enterprise fails to maintain the requirements for access examination and has hidden dangers of public safety, personal health, life and property safety, the Ministry of industry and information technology shall order it to stop production and sales And ordered to correct immediately.


Q: how to implement the national reform requirements of "release, management and service" while clarifying the management system for new energy vehicle production enterprises and products?

A: according to the reform requirements of the State Council on "streamlining administration and delegating powers, combining decentralization with decentralization, and optimizing service", the provisions focus on standardizing examination and approval, optimizing services, and benefiting enterprises and people. First, according to the relevant requirements of the administrative license law, the conditions, procedures and time limit for the new energy vehicle production enterprises and products to be admitted are clarified. The second is to simplify the approval process. If applying for the admittance of new energy vehicle manufacturing enterprises, if they have passed the admittance examination of the same category of conventional automobile manufacturers, the relevant requirements of the "requirements for access examination" will be exempted; if the manufacturers who have obtained the admittance of plug-in hybrid electric vehicles and fuel cell vehicles apply for the admittance of pure electric vehicles of the same category, only the information review will be conducted; the existing new energy sources will be exempted from the relevant requirements of the review requirements When automobile manufacturing enterprises carry out transformation and examination in accordance with the provisions, they will be exempted from the examination of the relevant contents that have been reviewed at the time of access. The third is to further standardize the testing activities, requiring the testing institutions to carry out the testing work in strict accordance with the regulations and not to change the testing requirements without authorization.