Notice of the Ministry of Commerce, the Ministry of Industry and Information Technology, and the State Administration for Market Regulation on Issuin

钱塘出海2026-09-04 10:24
Three central ministries and commissions have issued the Guidelines on Overseas Competition and Compliance Construction for the Automotive Industry.

【Issuing Authority】Department of International Trade and Economic Cooperation
【Document No.】Shang He Han [2026] No. 451
【Issuing Date】August 24, 2026
 

Commerce, industry and information technology, and market regulation authorities of all provinces, autonomous regions, municipalities directly under the Central Government, cities under separate state planning, and Xinjiang Production and Construction Corps, and all relevant enterprises:

To promote the healthy, orderly and internationalized development of the automotive industry, guide automotive enterprises to standardize overseas competition behaviors, strengthen compliance development, deepen international cooperation in the automotive industrial chain and supply chain, and boost the development and progress of the global automotive industry, the Ministry of Commerce, the Ministry of Industry and Information Technology, and the State Administration for Market Regulation have formulated the *Guidelines on Overseas Competition Behaviors and Compliance Development of the Automotive Industry*, which are hereby issued for reference in work.

                                                                                                                                                                                                                          Ministry of Commerce  Ministry of Industry and Information Technology  State Administration for Market Regulation

                                                                                                                                                                                                                                                               August 24, 2026
 

Guidelines on Overseas Competition Behaviors and Compliance Development of the Automotive Industry

Chapter I General Provisions

Article 1  This Guideline is formulated to promote the healthy, orderly and internationalized development of China's automotive industry, guide automotive enterprises to standardize overseas competition behaviors, strengthen compliance development, improve cross-border operation capabilities and international influence, and facilitate the development and progress of the global automotive industry.

Article 2  Production and operation behaviors such as market competition occurring outside the territory of China by Chinese automotive enterprises engaged in international production and operation activities shall be implemented with reference to this Guideline.

Article 3  Overseas production and operation of automotive enterprises shall follow the basic principles of law-based compliance, fair competition and mutual benefit, strictly abide by relevant laws, regulations and policies of China on outbound investment, foreign economic cooperation, foreign trade, etc., and actively practice the requirements of the *Guidelines for Overseas Social Responsibility Performance of Enterprises*, *Guidelines for Overseas Integrity and Compliance of Enterprises*, *Guidelines for Overseas Anti-monopoly Compliance of Enterprises* and other relevant documents.

Chapter II Standardize Overseas Market Competition Behaviors

Article 4  Enterprises may formulate pricing strategies based on cost and oriented by supply and demand in the international market, complete the price compliance management of their own products such as spare parts and complete vehicles in accordance with laws and regulations, and shall not disrupt the market competition order to obtain improper competitive advantages.

Article 5  When formulating the suggested retail price of complete vehicles in overseas markets, enterprises shall, in accordance with the laws and regulations of the host country (region), market principles and commercial practices, set clear price gradients for different vehicle configurations of their own enterprises, and avoid frequent and large price fluctuations that damage the interests of overseas consumers and brand image.

Article 6  Enterprises may reasonably determine the price difference between different countries (regions) according to the actual situation of different countries (regions), comprehensively considering factors such as local market environment, tax structure and logistics cost, so as to avoid disorder of sales order.

Article 7  Enterprises shall respect the independent pricing right of distributors and agents in the host country (region) in accordance with laws and regulations, and do a good job in compliance supervision of distributors and agents. When giving sales incentives to overseas distributors, agents and other parties, enterprises shall make clear and reasonable agreements in accordance with regulations, and fully perform the contractual obligations.

Article 8  When selling commodities or providing services overseas, enterprises shall conduct transparent and clear price marking in a law-compliant manner, and shall not arbitrarily increase prices or charge unmarked fees beyond the marked price in violation of regulations.

Article 9  When carrying out overseas promotion activities such as prize-winning sales, free trials, price reduction, gift giving and preferential auto finance, enterprises shall abide by laws and regulations, follow local commercial practices and cultural customs, and earnestly perform the contract agreements.

Article 10  When carrying out overseas brand display and publicity activities, enterprises shall disclose relevant information truthfully and completely in accordance with relevant provisions of the host country (region), shall not conduct false publicity, shall not deceive or mislead consumers, and maintain the image of Chinese automotive brands.

Chapter III Improve the Capability of Localized Compliance Operation Overseas

Article 11  Enterprises shall carry out production and operation activities in light of local conditions according to the policy orientation of China's outbound investment cooperation and the actual situation of the host country (region), so as to ensure the compliance of the whole process including investigation, negotiation, construction, production, pricing, procurement and service. Enterprises shall strengthen the assessment of product export, and avoid exporting products that do not meet the demands of the target market and use environment.

Article 12  Enterprises shall strengthen risk assessment of various aspects such as the political situation, macro economy, social security and automotive industry of the host country (region), improve the emergency response plan for production safety accidents, regularly check hidden risks, and improve the level of overseas work safety management.

Article 13  Enterprises shall establish and improve the overseas market quality management system and after-sales service system for automotive related products, complete market research and adaptive development, improve service level, and better meet the demands of overseas markets.

Article 14  Enterprises shall abide by relevant labor laws and regulations of the host country (region), recruit employees in accordance with the principles of equal opportunity and fair treatment, attach importance to vocational skill training in automotive manufacturing, sales and promotion, unblock the career development channels of employees, and improve the mechanism for protecting employees' rights and interests.

Article 15  Enterprises shall take necessary measures to ensure the compliance of various data processing activities such as the collection, use, protection and cross-border transmission of data related to connected vehicles and autonomous driving, abide by laws and regulations on personal information processing, and protect consumers' personal privacy.

Article 16  Enterprises shall abide by the laws and regulations on intellectual property protection of China and the host country (region), strengthen the overseas market layout and protection of independent intellectual property rights related to the automotive industry, and guard against infringement risks. Standardize the use of intellectual property rights in fields such as design appearance, spare parts production and communication technology, and properly respond to intellectual property disputes.

Article 17  Enterprises shall strengthen overseas anti-monopoly compliance development, effectively identify, assess and control various anti-monopoly legal risks, be honest and law-abiding, and compete fairly.

Article 18  Enterprises shall promote the green and low-carbon transformation of the supply chain and actively fulfill environmental protection responsibilities in accordance with the requirements of the United Nations Framework Convention on Climate Change, climate regulations of the host country (region) and emission reduction targets of the automotive industry.

Chapter IV Supplementary Provisions

Article 19  This Guideline is a general guideline put forward for overseas competition behaviors and compliance development of automotive enterprises for enterprise reference. In specific practice, enterprises shall pay close attention to the latest laws, regulations and policy requirements of China, the host country (region) and relevant international organizations, and adjust and improve their own work in light of actual conditions.

Article 20  The Ministry of Commerce, in conjunction with the Ministry of Industry and Information Technology and the State Administration for Market Regulation, shall be responsible for the interpretation of this Guideline.

Issuing Authority: Department of International Trade and Economic Cooperation