Regulations of the people's Republic of China on t

2022-08-17
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Article 1 These Regulations are formulated to ensure product quality, improve product reputation, protect the interests of users and consumers, promote international trade and develop international quality certification cooperation

Article 2 product quality certification (hereinafter referred to as certification) is an activity that is based on product standards and corresponding technical requirements, confirmed by the certification authority and proved that a product meets the corresponding standards and corresponding technical requirements by issuing certification certificates and certification marks

Article 3 for products with national or industrial standards, enterprises may apply for certification to the industry certification committee established by the Standardization Administration Department of the State Council or the department authorized by the Standardization Administration Department of the State Council

products that cannot be sold, imported or used without certification shall be handled in accordance with national laws, administrative regulations and rules, as well as the regulations formulated by the standardization administrative department of the State Council in conjunction with the relevant administrative departments of the State Council

Article 4 certification is divided into safety certification and conformity certification

products subject to safety certification must meet the requirements of relevant mandatory standards in the standardization law of the people's Republic of China (hereinafter referred to as the standardization law)

products subject to qualification certification must meet the requirements of national standards or industrial standards stipulated in the standardization law

Article 5 the products approved for certification are exempt from other inspections except those stipulated by national laws and administrative regulations, and enjoy the preferential policies stipulated by the state, such as implementing high quality and good price, giving priority to recommending products rated as national quality products, etc

Article 6 the Standardization Administration Department of the State Council shall uniformly manage the certification work throughout the country; The industry Certification Committee directly established by the standardization administrative department of the State Council or authorized by other administrative departments of the State Council is responsible for the specific implementation of certification

Chapter II Organization and management

Article 7 the responsibilities of the standardization administrative department of the State Council in managing certification work are:

(I) formulating guidelines, policies, plans and plans for certification work

(2) uniformly stipulate or approve the style of the certification mark

(3) examine and approve the composition and articles of association of the Certification Committee

(4) examine and approve the inspection organization that undertakes the certification inspection task

(V) register and manage the inspectors who undertake the certification work

(VI) approve and publish the catalogue of products that can be certified

(7) publish the list of products approved for certification and their manufacturers

(VIII) centralized management of international activities related to certification

(IX) coordinate and deal with the major problems of (4) the improper position of the knob of the adjustable buffer valve in the certification work

(x) supervise the certification work

Article 8 the certification committee is composed of experts from the relevant departments of product production, sales, use, scientific research, quality supervision and other departments. Its responsibilities are:

(I) propose a product catalogue scheme that can be certified

(2) formulate specific measures for the implementation of certification

(3) confirm the national standards or industrial standards used for certification

(IV) recommend the inspection organization that undertakes the certification inspection task

(V) accept certification applications

(VI) organize the review of the quality system of the enterprise applying for certification

(VII) approve the certification, issue the certification certificate, and file it with the Standardization Administration Department of the State Council

(VIII) handle disputes related to certification

(IX) be responsible for the supervision and inspection of the products approved for certification and their production enterprises

(x) revoke the certificate according to law

Article 9 the standardization administrative departments of the local people's governments at or above the county level (including the county level, the same below) shall supervise and inspect the certified products in their respective administrative areas. Their duties are:

(I) investigate and deal with products that do not meet the standards used in the certification and products that counterfeit the certification marks

(II) cooperate with the certification committee to supervise the quality of products approved for certification

(III) investigate and deal with other acts related to certification in violation of laws, administrative regulations, and the rules and regulations formulated by the Standardization Administration Department of the State Council in conjunction with the relevant administrative departments of the State Council

Chapter III conditions and procedures

Article 10 Chinese enterprises and foreign enterprises can apply for certification. The enterprise applying shall meet the following conditions:

(1) the product meets the requirements of national standards or industrial standards

(II) stable product quality and normal batch production

(III) the quality system of the production enterprise meets the national quality management and quality assurance standards and supplementary requirements

Article 11 enterprises shall apply for certification according to the following procedures:

(1) Chinese enterprises submit a written application to the Certification Commission; Foreign enterprises or distributors shall submit a written application to the Standardization Administration Department of the State Council or its designated certification committee

(2) the Certification Committee notifies the inspection institution undertaking the certification inspection task to inspect the products

(III) the Certification Committee reviews the quality system of the manufacturing enterprise applying for certification

(to ensure the accuracy of measurement data; IV) the certification committee issues certification certificates and permits the use of certification marks for products that pass the certification

for the examination of the product inspection and quality system of foreign enterprises, the Certification Committee designated by the Standardization Administration Department of the State Council may entrust foreign certification institutions to act as agents in accordance with bilateral and multilateral agreements

Article 12 enterprises that have obtained the certification certificate shall accept the supervision and inspection of their products and quality system by the Certification Committee

the supervision and inspection of the products and quality system of foreign enterprises that have obtained certification certificates can be entrusted to foreign certification agencies in accordance with bilateral and multilateral agreements

Article 13 if the standards adopted for certified products or the quality system of the enterprise has changed and the conditions for certification cannot be met, the use of certification marks shall be stopped

Chapter IV inspection institutions and inspectors

Article 14 inspection institutions must be examined and approved by the Standardization Administration Department of the State Council before they can undertake the inspection task of certification

Article 15 the inspectors who undertake the certification work must be trained, examined, and noted by the competent administrative department for standardization of the State Council. In particular, they can undertake the inspection task of the enterprises applying for certification (including the enterprises that have obtained the certification certificate) after being developed in combination with the TPR composite base

Article 16 inspection institutions and inspectors undertaking certification tasks must perform the duties and obligations stipulated by the administrative department for standardization under the State Council and the relevant certification committees, and accept their supervision and inspection

Article 17 the inspection institutions and inspectors who undertake the certification task must be responsible for the inspection report and inspection report issued by them; The technical secrets of the certified products must be kept, and the scientific and technological achievements of others must not be illegally possessed

Chapter V penalty provisions

Article 18 for acts in violation of laws, administrative regulations, and the relevant certification regulations formulated by the Standardization Administration Department of the State Council in conjunction with the relevant administrative departments of the State Council, penalties shall be imposed in accordance with the provisions of laws, administrative regulations and rules

Article 19 Where a product that has been granted a certification certificate does not meet the standards adopted at the time of certification and uses the certification mark to leave the factory for sale, the competent administrative department for standardization shall order it to stop selling and impose a fine of not more than twice the illegal income

if the products are not certified or fail to pass the certification and use the certification mark to leave the factory for sale, the competent administrative department for standardization shall order it to stop selling, impose a fine of less than three times the illegal income, and may impose a fine of less than 5000 yuan on the person in charge of the illegal unit

if the certification mark is transferred, the standardization administrative department shall impose a fine of less than three times the illegal income, and may impose a fine of less than 5000 yuan on the person in charge of the illegal unit

Article 20 under any of the following circumstances, the certification committee that issued the certification certificate shall revoke the certification certificate

(1) the quality of the certified product is seriously reduced or the quality system of the enterprise producing the product fails to meet the conditions for certification, causing damage to users or consumers

(II) after supervision and inspection, it is found that the products approved for certification are unqualified and belong to the production enterprise

Article 21 when the certified products are sold out of the factory and do not meet the certification requirements, the production enterprise shall be responsible for the guaranteed repair, replacement and return; If damage is caused to users or consumers, the production enterprise shall bear compensation according to law

Article 22 If the management, inspection and inspection personnel engaged in certification work violate the law, neglect their duties, and engage in malpractices for personal gain, they shall be given administrative sanctions by their competent departments; If a crime is constituted, the judicial organ shall investigate the criminal case in accordance with the law

Article 23 If a party refuses to accept the fine, he may apply for reconsideration to the administrative organ at the next higher level of the organ that made the punishment decision within 15 days from the date of receiving the notice of punishment; If he is not satisfied with the reconsideration decision, he may bring a suit in a people's court within 15 days from the date of receiving the reconsideration decision. A party may also directly bring a suit in a people's court within 15 days from the date of receiving the notice of punishment. If the party concerned neither applies for reconsideration nor brings a suit in a people's court within the time limit, nor complies with the punishment decision, the organ that made the punishment decision shall apply to the people's court for compulsory execution

Chapter VI supplementary provisions

Article 24 fees for certification activities shall be collected from enterprises applying for certification in accordance with the principle of non-profit. The specific charging measures shall be formulated separately by the standardization administrative department of the State Council in conjunction with the price department of the State Council

Article 25 the commodity inspection authorities may carry out the quality certification of import and export commodities in accordance with the agreement signed between the State commodity inspection department and the relevant foreign institutions or entrusted by the relevant foreign institutions

Article 26 these Regulations are not applicable to military products

Article 27 the administrative department for standardization under the State Council shall be responsible for the interpretation of these regulations

Article 28 these Regulations shall enter into force as of the date of promulgation

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