(Promulgated by the Decree No 53 of the State Council on April 6, 1990 and effective on the date of its promulgation)
Contents
Chapter I General Provisions
Chapter II Administration of Standardization Work
Chapter III Creation of Standards
Chapter IV Implementation of and Supervision over Standards
Chapter V Legal Liability
Chapter VI Supplementary Provisions
Chapter I General Provisions
Article 1
Pursuant to the provisions of the Standardization Law of the People's Republic of China (hereinafter referred to as the Standardization Law), these Rules are formulated.
Article 2
Standards shall be established for the following technical requirements that need to be unified:
(1). varieties, specifications, quality and grades of industrial products or requirements pertinent to safety and hygiene thereof;
(2). design, production, experimentation, examination, package, storage, transportation and application methods of industrial products or requirements pertinent to safety and hygiene in the course of production, storage and transportation;
(3). various technical requirements and methods for examination concerning environmental protection;
(4). technical requirements and methods for surveying, designing, construction and examination and acceptance of engineering projects;
(5). technical terms, symbols, codes, drawing methods and requirements for conversion and coordination concerning industrial production, project construction and environmental protection;
(6). varieties, specifications, quality, grades, examination, package, storage, transportation and requirements on production technology and management expertise concerning agricultural (including forestry, animal husbandry and fishery, the same below) products (including seeds, seedlings, breeding stock and breeding poultry, the same below);
(7). technical requirements concerning information, energy, resources, and transportation.
Article 3
The State develops standardization undertakings in a planned way. Standardization work shall be incorporated into the plans for national economic and social development at the various levels.
Article 4
The State encourages the adoption of international standards and advanced foreign standards and active participation in the formulation of international standards.
Chapter II Administration of Standardization Work
Article 5
The task of the standardization work is to create standards, organize the implementation of standards and to supervise the implementation of standards.
Article 6
The competent department of standardization administration of the State Council shall be in charge of unified management over the standardization work throughout the country, and performs the following duties:
(1). organize the implementation of the State's laws, regulations, principles and policies concerning standardization work;
(2). organize the formulation of programs and plans concerning standardization work in the entire country;
(3). organize the creation of national standards;
(4). direct the relevant competent departments of the State Council and administrative departments of standardization work of the people's governments in the provinces, autonomous regions and the municipalities directly under the Central Government in their standardization work, and coordinate work in this field and deal with problems arising therefrom;
(5). organize the implementation of standards;
(6). conduct supervision over and inspection on the implementation of standards;
(7). exercise unified management over the quality certification work of product in the whole country; and
(8). take overall responsibility for contacts with the relevant international standardization organizations.
Article 7
The relevant competent departments of the State Council shall be responsible for the standardization work in their respective departments or trades, and perform the following duties:
(1). implementing laws, regulations, principles and policies of the State concerning standardization work, formulating specific measures for their implementation in their respective departments and trades;
(2). working out programs and plans concerning standardization work in their respective departments and trades;
(3). undertaking tasks assigned thereto by the State of drafting State standards, and organizing the formulation of the standards in their respective trades;
(4). guiding the standardization work of the relevant competent authorities in the provinces, autonomous regions and municipalities directly under the Central Government;
(5). organizing the implementation of the standards in their respective departments and trades;
(6). conducting supervision over and inspection on the implementation of standards; and
(7). taking charge of certification of product quality in their own trades on the strength of authorization by the competent department of standardization of the State Council.
Article 8
The administrative departments of standardization under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be in charge of the unified standardization work in their respective administrative regions, and shall exercise the following duties:
(1). implementing laws, regulations, principles and policies of the State concerning standardization work, and formulating specific measures for the implementation in their respective administrative regions;
(2). formulating local programs and plans concerning standardization work;
(3). organizing the formulation of local standards;
(4). directing the administrative work of the relevant administrative authorities in their respective administrative regions, and coordinating work in this field and dealing with problems arising therefrom;
(5). organizing the implementation of the standards in their respective administrative regions; and
(6). conducting supervision over and inspection of the implementation of the standards.
Article 9
The relevant competent administrative departments in the provinces, autonomous regions and municipalities directly under the Central Government are responsible for the standardization work in their own departments and trades in the respective administrative regions, and shall perform the following duties:
(1). implementing the laws, regulations, principles and policies concerning standardization work formulated by the State and their respective departments, trades and administrative regions, and working out specific measures for the implementation;
(2). formulating programs and plans concerning standardization work for their own departments and trades in the respective administrative regions;
(3). undertaking the tasks of drafting local standards assigned thereto by the people's governments in the provinces, autonomous regions and municipalities directly under the Central Government;
(4). organizing the implementation of the standards in their own departments and trades in the respective administrative regions; and
(5). conducting supervision over and inspection on the implementation of the standards.
Article 10
The division of the duties of the administrative departments in charge of standardization and the relevant competent administrative authorities in cities and counties shall be stipulated by the people's governments of the provinces, autonomous regions and municipalities directly under the Central Government.
Chapter III Creation of Standards
Article 11
National standards (including the drafting of sample standards) shall be created on the following technical requirements that need to be unified throughout the country:
(1). requirements for standardizing interchangeable and universal technical terms;
(2). technical requirements for guaranteeing human health and personal and property safety;
(3). technical requirements for essential raw materials, fuels and processed materials;
(4). technical requirements for universal basic spare parts;
(5). universal methods of experimentation and examination;
(6). universal management technical requirements
(7). important technical requirements in project construction; and
(8). technical requirements for other important products that must be controlled by the State.
Article 12
Regarding to national standards, the administrative department in charge of standardization work of the State Council shall be responsible for making the plans, organizing the drafting, examination and approval, coding and promulgation.
Regarding to creating national standards for project construction, pharmaceuticals, food hygiene, veterinary medicine and environmental protection, the competent departments in charge of project construction, public health, agriculture and environmental protection of the State Council shall be respectively responsible for organizing the drafting and examination and approval. The procedures for coding and promulgation shall be made by the administrative department in charge of standardization work of the State Council together with the relevant competent departments of the State Council.
Where laws have otherwise provisions concerning the creation of national standards, those provisions shall apply thereto.
Article 13
Where there is no national standard for those technical requirements which need to be standardized for certain trades throughout the country, trade standards (including the making of sample standards) may be established. Items of trade standards to be established shall be decided by the relevant competent administrative departments of the State Council.
Article 14
Trade standards shall be organized, drafted, examined, coded and promulgated in a unified manner by the relevant competent administrative departments of the State Council, and shall be reported to the administrative department in charge of standardization work of the State Council for the record.
Trade standards shall be null and void automatically after the corresponding national standards have taken effect.
Article 15
In the absence of national standards or trade standards, local standards may be created for the safety and hygiene requirements for industrial goods which need to be unified in the provinces, autonomous regions and municipalities directly under the Central Government. Items of local standards to be made shall be decided by the administrative departments of standardization under the people's governments in the provinces, autonomous regions and municipalities directly under the Central Government.
Article 16
Local standards shall be organized to be made, drafted, examined, coded and promulgated by the administrative departments for standardization of the people's governments in the provinces, autonomous regions and municipalities directly under the Central Government and shall be reported to the administrative department in charge of standardization work of the State Council and the relevant competent departments under the State Council for the record.
Where laws contain otherwise provisions regarding to the creation of local standards, such provisions shall apply.
Local standards shall be null and void automatically after the corresponding national standards or trade standards go into effect.
Article 17
In the absence of a national standard, trade standard or local standard for certain products of an enterprise, the enterprise producing such products shall formulate its own standards as the basis for organizing production. Enterprise standards shall be formulated by the relevant enterprises themselves (procedures for formulating standards for agricultural enterprises shall be provided for separately), and shall be filed for the record in accordance with the provisions of the people's governments in the provinces, autonomous regions and municipalities directly under the Central Government.
Where there are already national standards, trade standards and local standards, enterprises should be encouraged to formulate enterprise standards which are stricter than the corresponding national, trade or local standards and apply only within their enterprises.
Article 18
National standards and trade standards are divided into compulsory standards and recommendatory standards.
The following standards belong in the compulsory category:
(1). standards for pharmaceuticals, food hygiene and veterinary medicine;
(2). safety and hygiene standards for products and the production, storage and transportation and utilization of products; standards for the safety of labor and hygiene standards and safety standards for transportation;
(3). quality, safety and sanitation standards for project construction and other standards for project construction that must be controlled by the State;
(4). standards for the discharge of pollutants concerning environmental protection and standards for environmental quality;
(5). important technical terms, symbols, codes and drafting methods in common use;
(6). standards on universal methods of experimentation and examination;
(7). standards for conversion and coordination; and
(8). quality standards for important products which need to be controlled by the State.
The catalogue of the important products which need to be controlled by the State shall be worked out by the administrative department for standardization work of the State Council in conjunction with the relevant competent administrative departments under the State Council.
Those standards which are not included in the compulsory list are recommendatory standards.
The local standards for safety and hygiene requirements for industrial products formulated by the administrative departments in charge of standardization of the people's governments in the provinces, autonomous regions and municipalities directly under the Central Government are compulsory standards in their respective administrative regions.
Article 19
Trade associations, research institutions for science and technology, and academic organizations shall be given a role to play in establishing standards.
The departments responsible for creating national, trade and local standards shall set up standardization technical committees consisting of experts from users, production units, trade associations, research institutions for science and technology, academic organizations and the departments concerned, which shall be responsible for drafting standards and examining the technical aspects of the drafts. Where standardization technical committees have not been set up, the units charged with specific responsibility for standardization technology may take charge of drafting standards and taking part in the technical examination of the drafts.
Opinions and comments of the users and research institutions for science and technology shall be solicited in creating enterprise standards.
Article 20
Once standards go into effect, the departments which have established such standards shall carry out timely re-examinations in light of the development of science and technology and the needs of economic construction. Normally, reexamination shall be conducted every five years, at the longest.
Article 21
The procedures for coding and numbering the national, trade and local standards shall be provided for by the administrative department in charge of standardization work of the State Council.
The procedures for coding and numbering enterprise standards shall be provided for by the administrative department in charge of standardization work of the State Council in conjunction with the relevant competent administrative departments of the State Council.
Article 22
The procedures for the publication and distribution of standards shall be stipulated by the departments which have established the standards.
Chapter IV Implementation of and Supervision over Standards
Article 23
All units and individuals engaging in scientific research, production and operation must strictly implement compulsory standards. Any product which fails to meet the compulsory standards shall be forbidden to be produced, marketed or imported.
Article 24
The national, trade and local standards or enterprise standards as well as the codes, number and names followed in production by enterprises shall be clearly marked on the products or the manuals or packages.
Article 25
The technical requirements for export products shall be stipulated by both parties in their contracts.
When those export products which should be subject to compulsory standards are sold on the domestic market, they must meet the requirements of the relevant compulsory standards.
Article 26
Enterprises should meet standardization requirements in developing new products, improving products or carrying out technical renovations.
Article 27
The administrative department of standardization work of the State Council shall organize or authorize the relevant competent departments of the State Council to set up trade certification organizations to carry out product quality certification.
Article 28
The administrative department in charge of standardization work of the State Council shall be responsible for the supervision over the implementation of standards throughout the country. The relevant administrative departments of the State Council shall be responsible for the supervision over the implementation of the standards in their respective departments and trades.
The administrative departments of standardization work of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for the supervision over the implementation of the standards in their respective administrative areas. The relevant administrative departments of the people's governments in the provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for the supervision over the implementation of the standards in their departments and trades in the respective administrative areas.
The administrative departments of standardization and the relevant administrative departments of cities and counties shall be responsible for the supervision over the implementation of the standards in their respective administrative areas according to the duties assigned to them by the people's governments of the provinces, autonomous regions and municipalities directly under the Central Government.
Article 29
The administrative departments in charge of standardization of the people's governments at or above county level may, according to their needs, set up examination organizations or authorize the examination organizations of other units to ensure that products are up to the standards and to undertake other tasks of supervision and examination concerning the implementation of standards. The establishment of examination organizations shall be rational layout and make full use of the available personnel and facilities.
The establishment of State examination organizations shall be planned and examined by the administrative department of standardization work of the State Council, together with the relevant administrative departments of the State Council. The establishment of local examination organizations shall be planned and examined by the administrative departments in charge of standardization work under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, together with the relevant administrative departments at the provincial level.
Data and information provided by the examination organizations provided for in this Article shall be taken as the criterion in solving disputes over whether certain products are up to the relevant standards.
Article 30
The relevant administrative departments of the State Council may, in line with the needs and relevant regulations of the State, set up examination organizations to undertake the examination tasks in their respective trades and departments.
Article 31
All State organs, social organizations, enterprises, institutions and citizens have the right and duty to inform against and expose acts of violation compulsory standards.
Chapter V Legal Liability
Article 32
Whoever violates the Standardization Law and the relevant provisions of these Rules and has any of the following circumstances shall be ordered to correct the mistake within a given period of time by the administrative departments in charge of standardization or the relevant administrative departments within their respective jurisdiction, and may be given a warning by circulating a notice of criticism or an administrative penalty to the person held responsible concurrently:
(1). where an enterprise fails to formulate standards as the basis for organizing production according to the relevant stipulations;
(2). where an enterprise fails to report product standards to higher authorities for the record according to the relevant stipulations;
(3). where an enterprise fails to attach marks on its products according to the relevant stipulations or to label incompatible marks;
(4). where an enterprise fail to meet standardization requirements in developing new products, improving products and carrying out technical renovations; or
(5). violating provisions concerning relevant compulsory standards in scientific research, designing and production.
Article 33
Any enterprise that produces products failing compulsory standards shall be ordered to stop production and the products in question shall be confiscated, destroyed under supervision or subjected to necessary technical treatment; A fine exceeding 20% but not exceeding 50% of the total value of the goods in question shall be imposed thereon; and a fine not exceeding 5,000 yuan shall be imposed on the persons held responsible.
Those that sell goods failing to meet the compulsory standards shall be ordered to stop their sale and to recover within a given time limit the goods already sold to be destroyed under supervision or subjected to necessary technical treatment; The illegal proceeds shall be confiscated; a fine exceeding 10% but not exceeding 20% of the total value of the goods in question shall be imposed thereon; and a fine not exceeding 5,000 yuan shall be imposed on the persons held responsible.
Where import goods not up to compulsory standards are imported, the goods in question shall be sealed up for safekeeping and confiscated, destroyed under supervision or subjected to necessary technical treatment; a fine exceeding 20% but not exceeding 50% of the total value of the imported goods involved shall be imposed thereon; an administrative penalty shall be given to and a fine not exceeding 5, 000 yuan may be imposed concurrently on the persons held responsible.
The order to stop production and the administrative penalties provided for in this Article shall be decided by the relevant competent administrative departments; other administrative penalties shall be decided by the administrative departments of standardization work and the administrative departments for industry and commerce within the scope of their duties and powers.
Article 34
Where any one or unit produces, sells or imports products failing the compulsory standards and consequently causes serious consequences and constitute a crime, the judicial departments shall investigate, according to law, the criminal responsibility of the persons held directly responsible.
Article 35
Where certified products are sold with certification marks when they are no longer up to the certification standards, the administrative departments in charge of standardization shall order the relevant units to stop their sales and impose a fine not exceeding two times the amount of the illegal proceeds; if the case is serious, the certification departments shall revoke their certification certificates.
Article 36
If any unit sells its goods with certification marks without authorization when it has not been certified or has failed the certification, the administrative departments in charge of standardization shall order the unit to stop its sale and impose thereon a fine not exceeding three times the amount of the illegal proceeds and a fine not exceeding 5,000 yuan shall imposed on the persons in charge of the unit.
Article 37
If a party disagrees with penalties of confiscation of goods and illegal proceeds and fines, the party may, within 15 days after receiving the notification of such penalties, apply for reconsideration to the organ next higher to the department which meted out the penalties; if the party still refuses to accept the reconsideration decision, the party may, within 15 days after receiving the reconsideration decision, initiate legal proceedings to a people's court. The party may also directly initiate a legal proceedings to a people's court within 15 days after receiving the notification of the penalties. If the party neither applies for a reconsideration nor initiates legal proceedings to a people's court nor executes the penalty decision, the department which made the decision shall apply to the people's court for compulsory enforcement.
Article 38
The penalties provided for in Articles 32 to Article 36 of these Rules shall not exempt or waive the liabilities to compensate damages arising therefrom to others. Those who have suffered damages shall have the right to claim compensation from the persons held responsible. Liabilities on compensation and disputes over the amounts of compensation may be dealt with by the relevant administrative departments, and the parties may also directly initiate legal proceedings to the people's court.
Article 39
In case where any person in charge of supervision, examination and administration of standardization work commits any of the following acts, the relevant competent department shall give an administrative penalty thereto, if a crime is constituted, the judicial department shall investigate for criminal liabilities according to law:
(1). violate these Rules, make mistake in the work and thus cause damage and loss;
(2). forge and tamper with examination data; or
(3). practice favoritism for personal gains, abuse his or her power, take or ask for bribery.
Article 40
All revenue derived from fines and confiscations shall be turned over to the State treasury. The fines imposed on units must all be paid from their own funds and may not be included in their cost. The fines imposed on the persons held responsible may not be reimbursed with public money.
Chapter VI Supplementary Provisions
Article 41
Regulations concerning standardization administration applicable to the Army shall be separately formulated by the State Council and the Central Military Commission.
Article 42
Regulations concerning standardization administration for project construction shall be separately formulated by the competent department in charge of project construction under the State Council in accordance with the Standardization Law and the relevant provisions of these Rules, and shall go into effect after having been reported to and approved by the State Council.
Article 43
These Rules shall be interpreted by the State Bureau of Technical Supervision.
Article 44
These Rules shall enter into force on the date of its promulgation.
