Intelligent connected vehicles (ICVs) represent not only a strategic direction for transforming and upgrading the automotive industry but also a crucial driver for high-quality socio-economic development. Driven by policy guidance, technological innovation, and market adoption, the ICV sector in China has made rapid progress in recent years, with over 50% of newly sold ICVs equipped with combined driver assistance systems by 2024. However, the growing adoption has also brought challenges, including exaggerated marketing, inadequate user notification, and insufficient product testing, increasing risks of misuse and road safety hazards.To implement the decisions and plans of the Central Committee of the Communist Party of China (CPC) and the State Council on ensuring both development and safety, the Ministry of Industry and Information Technology (MIIT), in collaboration with the State Administration for Market Regulation (SAMR), has issued the Notice on Further Strengthening the Management of Market Access, Recalls, and Over-the-Air (OTA) Software Updates for Intelligent Connected Vehicles(hereinafter referred to as the Notice). Guided by the principles of “safety-first, innovation-driven, and well-regulated development”, the Notice focuses on three core areas – market access, recalls, and OTA updates – to establish closed-loop supervision covering both new and in-use vehicles, thereby promoting safer ICVs and high-quality growth of the automotive industry.

I. Strengthening Management to Build Robust Safety Protections

With the widespread adoption of combined driver assistance systems in mass-produced vehicles, regulatory measures are essential to guard against safety hazards. To this end, the Notice directs manufacturers to focus on capability building, safety-oriented design, testing, and validation while ensuring compliance with market access and conformity of production (CoP) requirements. Key measures include: strengthening safety assurance throughout product development, production, and operation to guarantee reliable performance; regulating marketing practices to ensure full and accurate consumer disclosures, avoiding deceptive, exaggerated, or misleading information; and upgrading after-sales services, including warranties, spare parts, maintenance, and user support, to enable prompt issue resolution and more effective dispute handling.

Given the technical complexity of ICVs, stringent safety controls at the source and robust technical and managerial safeguards are imperative. The Notice mandates enhanced safety management for ICVs and their OTA updates, requiring manufacturers to conduct thorough testing and validation, define clear system boundaries and safety response measures, and develop reasonable control strategies – all designed to ensure continuous improvement in functionality, performance, quality, and safety. As part of the ICV market access application process, manufacturers must additionally provide complete and accurate technical specifications for driver assistance systems and OTA updates, along with test reports and other supporting documents associated with functionality and performance where applicable, thereby demonstrating compliance with CoP requirements and safety obligations.

II. Regulating Upgrades to Protect User Rights and Interests

Highlighting the software-defined nature of vehicles, the Notice seeks to establish a secure and controllable OTA update framework that protects user rights and interests by refining requirements related to system design, technical safeguards, and record-filing. Key measures include: creating an end-to-end technical security system tailored to OTA updates to ensure information authenticity,accuracy, and traceability, thereby protecting users’ rights to know and choose; establishing a transparent user disclosure mechanism that makes update details, associated risks, and mitigation plans openly available and traceable, supported by technical tools to guarantee “manageable updates, controllable processes, and traceable accountability”, creating a robust safety barrier; and introducing major technical specifications such as primary versions and software architecture for frequently updated combined driver assistance systems, strengthening the coordinated management of product change licensing and OTA update filings to strike a balance between mandatory requirements and operational flexibility.

To meet regulatory needs, manufacturers are required to file all OTA activities while guaranteeing that post-update vehicles are compliant with national laws, regulations, technical standards, and specifications. A category-based management approach is adopted: changes not involving major technical specifications require MIIT filing alongside a safety assessment; modifications to major technical specifications necessitate both product change licensing and record-filing; and driving automation-related updates is subject to market access management rules. Furthermore, MIIT and SAMR are also exploring an information-sharing mechanism for OTA update filings to improve systemic oversight.

III. Improving Mechanisms to Strengthen Incident Analysis

As the ICV industry evolves from early-stage technology exploration to large-scale, market-driven expansion, there is an urgent need for robust incident investigation, analysis, and technical improvements that will steer the sector toward safe, innovation-driven, and high-quality growth. The Notice holds manufacturers accountable for enhanced safety monitoring and reporting. Specifically, automakers must keep elevating technical competence, mitigate risks, and ensure product safety through comprehensive incident monitoring and assessment mechanisms, system-related safety event tracking, refined incident reporting procedures, strong investigation capabilities, and a strict data recording and storage mechanism.

Manufacturers are also explicitly required to report to both MIIT and SAMR any incidents concerning either function disengagement caused by combined driver assistance system failures or collisions involving vehicles equipped with such systems. Meanwhile, following detailed analysis and assessments of these reports, MIIT will update access requirements and technical standards as necessary.

In conclusion, building on existing frameworks such as market access requirements for automakers and their products and CoPsupervision, the Notice further clarifies requirements for ICV manufacturers and driver assistance products while refining the ICV regulatory system. This represents a key step in implementing the decisions and plans of the CPC Central Committee and the State Council, playing a vital role in regulating the development of the ICV industry, safeguarding user rights and interests, and maintaining public safety. Moving forward, the Equipment Industry Development Center (EIDC) will support relevant authorities in implementing initiatives such as integrating ICVs into market access applications, technical reviews, and CoP supervision. Steady progress will be made in executing the Notice and developing robust systems related to ICV access management. These efforts will foster high-quality growth in the ICV industry, contributing to China’s ambitions of becoming a global leader in manufacturing, cyberspace, and transportation.

Source: WeChat Official Account of EIDC