Severely Prohibit Exaggerated Claims About Intelligent Driving Functions! Two Departments Take Action Regarding New Energy Vehicles!
Two departments jointly issued a notice.
On August 13, the State Administration for Market Regulation and the Ministry of Industry and Information Technology jointly released a notification titled "Notice on Strengthening the Supervision and Management of Intelligent Networked New Energy Vehicle Products, Production Consistency, and Promoting Public Awareness" (draft) [hereinafter referred to as the "Notification"].
The Notification mainly focuses on four aspects: firstly, increasing the intensity of investigations into and recalls of new energy vehicles with intelligent networked systems; secondly, strengthening the supervision and management of production consistency for such vehicles; thirdly, intensifying the supervision and regulation of corporate advertising activities and commercial publicity behaviors; fourthly, strengthening the reporting and investigation of events related to intelligent networked new energy vehicles.
Do not make false claims about intelligent driving functions.
As the intelligent driving technology continues to accelerate, industry supervision is also intensifying, guiding the intelligent driving industry towards rational and realistic competition.
The Notification explicitly requires that companies shall not make false or exaggerated claims about the intelligence level of their new energy vehicles or mislead consumers, ensuring that consumers have a correct understanding of the vehicles' capabilities.
The State Administration for Market Regulation will strengthen its supervision and regulation of corporate advertising activities and commercial publicity behaviors to prevent false or exaggerated claims about intelligent driving functions.
Since the beginning of this year, many carmakers have released their smart driving strategies, disclosed the production schedule for L3-level conditional autonomous driving and L4-level high-autonomous driving technologies, triggering a new wave of "smart driving" technology popularization and mass production competition. However, accidents caused by drivers' use of intelligent driving systems or auxiliary driving functions have occurred from time to time, attracting widespread attention.
In fact, as early as April 16 this year, the Ministry of Industry and Information Technology organized a meeting on the promotion of intelligent networked vehicle products and software online upgrade management, emphasizing the need for companies to strictly adhere to their obligations and take responsibility for the quality and safety of their products.
In May, Xiaomi, Ideal, Weilai, and XPeng, among other carmakers, adjusted their online and offline promotional materials, changing their descriptions of "smart driving" functions to "auxiliary driving" functions.
Safety warnings are insufficient, and products may need to be recalled for improvement.
To further ensure the safety of driving auxiliary functions, the Notification also requires that companies shall develop, use, and test a range of safety-oriented features, including driver monitoring, warning systems, and handling procedures, to closely monitor drivers' driving status and take timely measures in response to abnormal situations.
Notably, the State Administration for Market Regulation will conduct special investigations into cases where products fail to meet relevant national standards or violate production consistency management requirements, and may impose public notification, suspension of new product applications, or other penalties on companies that fail to comply.
Experts from the China Automobile Circulation Association believe that the Ministry's announcement has served as a warning to carmakers that have been cutting corners.
Production consistency supervision will be more detailed.
In terms of production consistency supervision, the Notification requires companies to accurately report key information about their intelligent networked new energy vehicle products in the Vehicle Quality Certification System and strictly adhere to requirements for software online upgrades (hereinafter referred to as "OTA upgrades").
Notably, this year's June notification from the Ministry of Industry and Information Technology called for a comprehensive review of production consistency supervision in 2025, aiming to further strengthen real-time and retrospective oversight and guide companies to standardize their production and marketing practices.
According to the Notification, this year's supervision will focus on problem-oriented issues, with random checks conducted at various vehicle manufacturing enterprises, product dealerships, and other locations to intensify the inspection of high-risk vehicles that have attracted significant public attention.
The Ministry of Industry and Information Technology has emphasized that companies found to be non-compliant with relevant national standards or production consistency management requirements will face open notification, suspension of new product applications, or other penalties.
A committee member from the China Automobile Circulation Association believes that the Ministry's announcement has drawn a "red line" for carmakers that have been engaging in illegal activities.
At the July meeting of the State Council, it was also emphasized that efforts should be made to strengthen automobile product production consistency supervision and guide key companies to fulfill their commitments.
The current Notification has further refined its focus on intelligent networked new energy vehicles, emphasizing the need for companies to strictly adhere to relevant requirements and regulations.