United States securities and exchange commission logo
August 24, 2023
Steven Feng
Chief Financial Officer
NIO Inc.
Building 20, 56 Antuo Road
Jiading District, Shanghai 201804
People s Republic of China
Re: NIO Inc.
Form 20-F for the
Fiscal Year Ended December 31, 2022
Response dated
August 4, 2023
File No. 001-38638
Dear Steven Feng:
We have reviewed your August 4, 2023 response to our comment
letter and have the
following comment. In our comment, we may ask you to provide us with
information so we may
better understand your disclosure.
Please respond to this comment within ten business days by
providing the requested
information or advise us as soon as possible when you will respond. If
you do not believe our
comment applies to your facts and circumstances, please tell us why in
your response.
After reviewing your response to this comment, we may have
additional
comments. Unless we note otherwise, our references to prior comments are
to comments in our
July 21, 2023 letter.
Form 20-F for the Fiscal Year Ended December 31, 2022
Item 16I. Disclosure Regarding Foreign Jurisdictions that Prevent
Inspections, page 171
1. Please clarify for us
whether or not Xiaobei Chen is an official of the CCP as required by
Item 16I(b)(4) of the
Form 20-F. In this regard we note your response to comment 2 that
"except for Xiaobei
Chen, none of the investor-designated directors of the Company s
other consolidated
operating entities is a party official" and that you describe Xiaobei
Chen as "a member of
the Chinese Communist Party Committee of a PRC state-owned
enterprise." Please
further explain any discrepancy between this determination and your
disclosure that "none
of the members of the board of directors of NIO Inc. or our
operating entities,
including the VIEs, is an official of the Chinese Communist Party as of
the date of this annual
report."
Steven Feng
NIO Inc.
August 24, 2023
Page 2
Please contact Tyler Howes at 202-551-3370 or Christopher Dunham at
202-551-3783
with any questions.
Sincerely,
FirstName LastNameSteven Feng
Division of Corporation
Finance
Comapany NameNIO Inc.
Disclosure Review
Program
August 24, 2023 Page 2
cc: Yuting Wu, Esq.
FirstName LastName