China: MIIT and SAMR Notice on Further Strengthening the Management of Product Access, Recall and Over-the-Air Software Updates for Intelligent Connected Vehicles (工信部联通装〔2025〕45号)
Vehicle makers must test and verify intelligent connected vehicles and their over-the-air updates, define system boundaries and safety responses, inform users, file every over-the-air update with the two regulators, and obtain a change permit before updates that alter main technical parameters or automated driving functions. Makers must report driver-assistance failures that cause the function to exit and crashes involving such vehicles, and defect fixes delivered over the air are run as recalls.
Scope. Reaches a US vehicle maker that holds, or seeks, Chinese product access for intelligent connected vehicles it produces or sells in China, including over-the-air updates pushed to vehicles there.
Draft mapping. Drafted by the Register's agents from the rule's text and not yet confirmed by a person. It is the Register's reading, not legal advice: whether and how the rule applies to you is a question for counsel.
Controls this rule maps to
Required by the text The rule's text requires a measure that is this control, or plainly includes it. Implied A binding rule whose purpose needs this control, but whose text does not name it. The Register's reading. Recommended A voluntary standard or guidance recommends it; nothing binds you to it. Proposed Appears in a proposed rule or proposed provision that is not yet in force.
| Control | Strength | Where in the rule, and why | Confidence | Missing or failed in |
|---|---|---|---|---|
| Reporting integrity C-V2 | Required by the text | Section 二(四) as quoted (verified on ncsti.gov.cn); report content is in Attachment 3, not read. | medium | 1 case |
| Organizational recovery process C-R4 | Required by the text | Section 三(七) (原文 '企业实施OTA升级活动消除汽车产品缺陷、实施召回的，应当按照《缺陷汽车产品召回管理条例实施办法》组织实施，并立即停止生产、销售缺陷汽车产品') — as drafted; the draft placed it correctly under 三(七). | high | 1 case |
| Independent assurance before deployment C-O2 | Required by the text | Section 三(七) (原文 '涉及产品主要技术参数变更的，企业应当在取得产品变更许可并完成备案后，方可实施升级' and '涉及汽车自动驾驶功能的OTA升级活动，应当按照准入管理有关规定，取得相应许可') — translation: updates changing main technical parameters may be carried out only after a product change permit is obtained and filing is complete, and OTA updates involving automated driving functions shall obtain the corresponding permit under the access rules; section 三(六): all OTA updates 'shall be filed' (应当...备案). Regulator approval before deployment is required for these update classes (not for all updates). | medium | 1 case |
| Mandate disclosed to supervisor C-M1 | Implied | Section 二(一) (原文 '企业要对智能网联汽车产品及OTA升级活动开展充分的测试验证，明确系统边界和安全响应措施，确保控制策略合理，严格履行告知义务') — translation: enterprises are to fully test and verify, define system boundaries and safety responses, and strictly perform the duty to inform. Worded with 要 (directive) rather than 应当, and the content of the duty to inform is in other rules; implied. | medium | 1 case |
| Hard domain restriction C-E2 | Implied | Section 二(一): 明确系统边界 (define system boundaries). | medium | 4 cases |