National Development and Reform Commission: solicit public opinions on investment...

 Chapter I general provisions

Article 1 in order to promote and regulate the development of the electric passenger car industry, these provisions are formulated in accordance with the administrative licensing law of the People's Republic of China, administrative measures for the approval of investment projects by the government, policies on the development of the automobile industry and other relevant laws and regulations.

Article 2 these provisions shall apply to the newly established independent legal entity pure electric passenger vehicle production enterprise (hereinafter referred to as "newly established enterprise") within the territory of customs of China.

Article 3 the term "pure electric passenger vehicles" as used in these regulations includes pure electric and tandem hybrid (additive) passenger vehicles. Among them, pure electric and tandem hybrid electric vehicles refer to the vehicles defined in paragraph 3.1.1.1.1 and 3.1.1.1.2.1 of the national standard GB/T 19596-2004 "terms for electric vehicles" respectively. "Passenger vehicles" includes passenger cars and other passenger vehicles, and refers to the vehicles (including chassis) that are self-made and defined in articles 2.1.1.1 to 2.1.1.10 of the national standard GB/T 3730.1-2001 terms and definitions of automobile and trailer types.

Article 4 the National Development and Reform Commission and the Ministry of Industry and Information Technology shall, within their respective functions and responsibilities, be responsible for the supervision and administration of the production enterprises and product access of pure electric passenger vehicles.

Chapter ii investment management

Article 5 the newly established enterprises belong to the category of newly established automobile production enterprises and shall be implemented in accordance with the notice of the State Council on the issuance of the catalogue of investment projects approved by the government (2014 version) (guo fa [2014] no. 53) and the automobile industry development policy. The newly approved pure electric passenger car manufacturer can only produce pure electric passenger cars, not any automobile products driven by internal combustion engine. The products produced by the newly established enterprises must use their own brands.

Article 6 the investment subject of a newly established enterprise shall prepare a project application report in accordance with the relevant requirements of the measures for the administration of investment projects approved by the government, and provide the approval organ with the general situation of the enterprise applying for the investment project, basic capabilities, explanation of the trial production of sample vehicles and supporting materials (see appendix I).

Article 7 the investment subject of a new enterprise shall meet the following basic conditions:

(1) registered in the customs territory of China, it has its own capital scale and financing capacity suitable for project investment.

(2) there are more than 3 years pure electric passenger car research and development base, has a professional r&d team and the positive research and development ability, to master the vehicle control system, power battery system, integration of the entire vehicle and the vehicle lightweighting ability of core technology and the corresponding test with pure electric passenger car independent intellectual property rights and authorized invention patent.

(3) it has the ability of vehicle trial production, and has the complete conditions of pure electric passenger vehicle sample trial production, including the body and chassis manufacturing, power battery system integration, vehicle assembly and other main trial production processes and equipment.

(4) the number of sample pure electric passenger vehicles of the same type shall be no less than 15. The sample vehicles provided have passed the inspection of the state-recognized testing institution, and on the premise of meeting the national automobile standards and relevant standards for electric vehicles, they meet the specified technical requirements in terms of safety, reliability, power performance, vehicle lightweight, economy and other aspects (see annex ii).

Article 8 an investment project of a newly established enterprise shall include the following contents:

(I) a research and development institution with full positive development capacity of pure electric passenger vehicles. At least have the vehicle and power system matching, vehicle management system, vehicle energy management system, vehicle lightweight, vehicle safety and other key technologies design and development capabilities, test testing capabilities and the ability to monitor the running state of the vehicle products.

(2) the production process and equipment of the whole vehicle, such as body forming, painting and final assembly, which are suitable for the production program and product structure, as well as the production capacity and consistency guarantee ability of the key components, such as power battery system integration.

(3) sales and after-sales service system of pure electric passenger car products.

(iv) newly-established enterprises shall have commitments and measures to fulfill their social responsibilities such as protecting the rights and interests of consumers, and shall provide guarantee enterprises and guarantee contracts with a notarized guarantee period of not less than 5 years (starting from the completion and production of the project).

Article 9 the examination and approval authorities shall examine the application for approval of new enterprises in strict accordance with the relevant provisions of the measures for the administration of investment projects approved by the government.

Article 10 the approval authority shall organize experts to evaluate the investment application of the newly established enterprise, and the experts from the expert database of pure electric passenger vehicle industry shall form an investment project evaluation committee to examine the authenticity and compatibility of the contents of appendix I and appendix ii of the investment project application enterprise. The expert database of pure electric passenger vehicle industry shall be established by the competent investment department of the State Council together with the industry administrative department of the State Council.

Chapter iii access management

Article 11 after the investment project has been approved, the newly built enterprise must be approved by the construction contents and construction progress to complete the project construction, according to the prescribed procedures to apply for access permission, new businesses and products in accordance with the "passenger car production enterprise and products access management rules and the new energy automobile production enterprises and products access management rules, the requirements of the relevant examination after listed in the announcement of vehicle manufacturing enterprises and products, and according to a separate category.

Article 12 the power battery monomers and systems used in the products of pure electric passenger vehicles must be the products produced by the enterprises that conform to the standard conditions of the automobile power battery industry. The newly established enterprise shall submit the quality guarantee commitment for the core components such as battery, motor and electric control system of pure electric passenger car, and the content of the quality guarantee commitment shall comply with the relevant provisions of the state supporting the promotion and application of new energy vehicles.

Article 13 the term of validity of the products listed in the announcement of vehicle production enterprises and products of a newly established enterprise shall be 3 years, upon expiration of which an application for extension may be filed, and the term of validity may be extended upon examination, each extension not exceeding 3 years.

Article 14 the supervision and administration of production consistency of newly-built enterprises shall be strengthened. Enterprises that produce products without permission or that do not conform to the standards shall be dealt with in accordance with the relevant provisions of the road traffic safety law and the measures for supervision and administration of the consistency of vehicle production enterprises and products (announcement no. 109 of the Ministry of Industry and Information Technology in 2010).

Article 15 evaluation shall be conducted on the performance of the commitment of the newly established enterprise, after-sales service guarantee, product safety and consistency, and the evaluation results shall be made public to the public.

Article 16 a sampling inspection system shall be implemented for the maintenance of the access conditions of newly-built enterprises, and the announcement of vehicle production enterprises and products shall be cancelled or suspended according to law for the enterprises that fail to maintain the relevant conditions of production access, fail to fulfill their commitments, have gone bankrupt or entered into bankruptcy liquidation procedures. During the suspension period, the enterprise shall not go through the procedures of changing its name or address.

Chapter iv supplementary provisions

Article 17 the supervision, management and legal responsibilities of investment management and access management shall be implemented in accordance with the relevant provisions of the state.

Article 18 these provisions shall be revised in accordance with the development of the pure electric passenger vehicle industry.

Article 19 the interpretation of these provisions shall be vested in the National Development and Reform Commission and the Ministry of Industry and Information Technology.

Article 20 these provisions shall come into force as of (month) (day), 2015