(Promulgated by Decree No. 83 of the State Council of the People's Republic of China on May 7, 1991, and becoming effective on the date of promulgation)
Contents
Chapter I General Provisions
Chapter II Organization and Administration
Chapter III Requirements and Procedures
Chapter IV Inspection Organization and Inspectors
Chapter V Provisions on Penalty
Chapter VI Supplementary Provisions
Chapter I General Provisions
Article 1
These Regulations are formulated for the purpose of guaranteeing the quality of products, improving the credibility of products, protecting the interests of users and consumers, promoting international trade and developing international co-operation in quality certification.
Article 2
Product quality certification (hereinafter referred to as certification) refers to such activity, which -- conducted, in accordance of product standard and relevant technical requirements and through the verification and issuance of certification credential and certification mark, by the certification organization -- certifies that a particular product is in conformity with the relevant standards and technical requirements.
Article 3
An enterprise which manufactures such products, for which there are specific State standards or industrial standards, may apply for certification with the certification committee of the specific industry, set up by the relevant standardization department under the State Council or by an authorized agency of the relevant standardization department under the State Council.
All those products, which are not allowed -- according to State laws, administrative regulations or rules formulated by the relevant standardization department under the State Council, in collaboration with other relevant departments of the State Council -- to be marketed, imported and used without certification, shall be handled in accordance with the provisions of such State laws, administrative regulations and rules.
Article 4
Certification is divided into two categories, namely, the safety certification and the quality certification.
Any product, which is subject to safety certification as required by law or regulations, must meet specifications of the relevant mandatory standards stipulated in the Standardization Law of the People's Republic of China (hereinafter referred to as the Standardization Law).
Any product, which is subject to quality certification as required by law or regulations, must conform with specifications of the relevant State standards or industrial standards as stipulated in the Standardization Law.
Article 5
The certified products shall be exempt from other inspections -- with the exception of such special inspections as required by State laws and administrative regulations -- and shall enjoy such State-prescribed preferential treatments such as the best price for best quality and recommendations for national titles of excellent quality products.
Article 6
The relevant standardization department of the State Council is in charge of the unified national certification work; the certification committees of a particular industry, either set up directly by the relevant standardization department of the State Council or by other authorized administrative departments, shall be responsible for the specific implementation of the certification work.
Chapter II Organization and Administration
Article 7
The relevant administrative department for standardization under the State Council executes the following duties and functions in administering the certification work:
1. to formulate the principle, policies, programs and plans concerning certification work;
2. to establish or approve the unified patterns of certification marks;
3. to examine and approve the composition and articles of association of the certification committees;
4. to examine and approve the examination and inspection organizations which undertake the certification tasks;
5. to exercise registration management over the inspectors who undertake certification work;
6. to examine, approve and announce the catalogue of products for which certification may be implemented;
7. to publish and announce the certified products and the names of their manufacturers;
8. to organize and manage international activities relevant to certification;
9. to coordinate and deal with the major issues concerning certification; and
10. to exercise supervision over the certification work.
Article 8
A certification committee shall be composed of experts from relevant departments of production, marketing, utilization, science and research and technical supervision, and its duties and functions are as follows:
1. to propose the catalogue of products for which certification may be implemented;
2. to formulate specific measures on the implementation of certification;
3. to specify the State standards or standards of particular industry to be applied in certification;
4. to recommend the inspection organizations which shall undertake the certification inspection tasks;
5. to accept certification applications;
6. to organize examinations over the quality control system of the enterprises applying for certification;
7. to approve certifications and issue certificates of certification, and report to the competent standardization department of the State Council for record;
8. to settle disputes pertaining to certification;
9. to be responsible for carrying out supervisions and examination over the certified products and the manufacturing enterprises thereof; and
10. to cancel and revoke certificates of certification according to law.
Article 9
The competent standardization departments of the local people's governments at or above the county level (this applies to all the following provisions) shall, within their term of jurisdiction, carry out supervision and inspection over the certified products, and their duties and functions are as follows:
1. to investigate and deal with those products which fail to comply with the applicable standards during the certification process, and those products which use counterfeit certification marks;
2. to cooperate with the certification committee to carry out supervision over the quality of certified products; and
3. to investigate into other acts or behaviors concerning certification, which violate the provisions of laws, administrative regulations and rules stipulated by relevant department of standardization under the State Council, in co-operation with relevant administrative departments of the State Council.
Chapter III Requirements and Procedures
Article 10
Both Chinese and foreign enterprises may apply for certification. An applying enterprise shall meet the following requirements:
1. its products meet the requirements of the State standard or standards of the particular industry;
2. its products are stable in quality, and can be manufactured in batch production; and
3. the quality control system of the producing enterprise meet the State quality control and quality assurance standards and their supplementary requirements.
Article 11
An enterprise shall apply for certification according to the following procedures:
1. a Chinese enterprise shall submit its application in writing to a certification committee; a foreign enterprise or its sale distributor shall submit its application in writing to the relevant administrative department of standardization under the State Council or a certification committee authorized by the above said department;
2. the certification committee shall notify the inspection organization, undertaking the inspection tasks, to carry out inspections over its products;
3. the certification committee shall conduct examination over the quality control system of the producing enterprise which applies for certification; and
4. the certification committee shall issue a certificate of certification for the products found to be qualified for certification, and allow them to use certification marks.
As for the inspection of products of a foreign enterprise and the examination over its quality control system, the certification committees authorized by the relevant administrative department of standardization under the State Council may, in accordance with bilateral and multilateral agreements, designate and entrust foreign certification organizations to act on its behalf.
Article 12
An enterprise which has acquired the certificate of certification shall duly accept the supervision and inspection over its products and quality control system by the certification committee.
The supervision and inspection over the products and quality control system of a foreign enterprise, which has already obtained certificate of certification, may, in accordance with bilateral or multilateral agreements, be entrusted to and implemented by foreign certification organizations.
Article 13
Where the standard or the quality control system applied by an enterprise in its certified product has changed and can no longer meet the qualifications at the time of certification, the enterprise in question shall cease to use the certification marks.
Chapter IV Inspection Organization and Inspectors
Article 14
An inspection organization must be certified by the relevant administrative department of standardization under the State Council, before it can undertake inspection tasks.
Article 15
An inspector undertaking inspection work must be trained, examined and registered by the relevant administrative department, before he or she can exercise inspection over the enterprises applying for certification (including those enterprises which have already obtained their certificates of certification).
Article 16
Any inspection organization or any inspector undertaking certification tasks must execute the duties and functions stipulated by the relevant administrative department of standardization under the State Council or relevant certification committees, and accept their supervision and examination.
Article 17
The inspection organization or inspector undertaking certification tasks must be responsible for their examination reports and inspection reports; they must keep the technical secret of the certified products, and should not unlawfully seize the scientific and technological achievements from others.
Chapter V Provisions on Penalty
Article 18
Any act or behavior committed in violation of provisions on certification, as stipulated in laws or administrative regulations or in rules jointly issued by the relevant administrative department of standardization and other department under the State Council, shall be dealt with and punished according to the provisions of relevant laws, administrative regulations and rules.
Article 19
Where a certified product, which has failed to meet the applicable standards in the course of certification, is delivered and marketed still bearing the certification marks, the relevant administrative department of standardization shall order the suspension of its sales, while imposing on the firm a fine of no more than twice the amount of its unlawful sales proceeds.
Where a product, either completely uncertified or rejected during certification, is delivered and marketed using a certification mark, the relevant administrative department of standardization shall order the suspension of its sales, impose a fine of no more than three times the amount of the unlawful sales proceeds, and may impose a fine of no more than 5,000 yuan on the person(s) in charge of the law-breaking unit.
Where a certification mark is illegally transferred, the relevant administrative department of standardization shall impose on the transferrer a fine of no more than three times of the unlawful transfer proceeds, and may also impose a fine of no more than 5,000 yuan on the person(s) in charge of the law-breaking unit.
Article 20
Under any of the following circumstances, the certification committee which originally issued the certificate of certification shall revoke the certificate of certification:
1. the quality of the certified products has declined seriously, or the quality control system of the producing enterprise fails to meet the qualifications required during certification, resulting in losses and damages to the users or consumers; and
2. where the certified products, after supervision and inspection, are found not to conform with the standards, for which the producing enterprise is responsible.
Article 21
If a certified product delivered and marketed is found incompatible with the qualifications of certification, the producing enterprise shall be held responsible for the repair or replacement of the sold product and refund of the price paid by buyers; if losses and damages have been caused to the users or consumers by such products, the producing enterprise shall bear the responsibility for compensation of such losses, according to law.
Article 22
Where any person, engaging in the administration, inspection and examination of certification work, has neglected his or her duties in violation of law or practiced favoritism for personal gains, he or she shall be given an administrative penalty by his or her department; if a crime is committed, the judicial organs shall investigate his or her criminal responsibility according to law.
Article 23
Where a party concerned does not agree with the penalty or the fines imposed on him or her, the party may, within 15 days from receiving the notification on the penalty or fine, apply for a reconsideration to the administrative department at a level higher than the penalty-giving department; if the party still disagrees with the reconsidered decision by the higher department, it may, within 15 days from receiving the notification on the reconsidered decision, initiate legal proceedings at a people's court. A party may also directly initiate legal proceedings at a people's court within 15 days from receiving the notification on the penalty. If a party fails to apply for a reconsideration nor initiate legal proceedings at a people's court nor execute the decision on the penalty, at the expiration of the set time limit, the department which made the penalty decision shall request a people's court for the compulsory enforcement of such penalty.
Chapter VI Supplementary Provisions
Article 24
Certification fees shall, under the non-profit-making principle, be collected from the enterprises which apply for certification. The specific measures on the collection of such fees shall be formulated separately by the relevant administrative department of standardization under the State Council, jointly, with the relevant price department under the State Council.
Article 25
Commodity inspection organizations may, in accordance with agreements concluded between the State commodity inspection department and relevant foreign organizations, or acting as the designated agent of relevant foreign organizations, carry out quality certification work on import and export commodities.
Article 26
These Regulations do not apply to military products.
Article 27
The competent administrative department of standardization under the State Council shall be responsible for the interpretation of these Regulations.
Article 28
These Regulations shall come into force on the day of promulgation.
