Laws of the People's Republic of China

State Administration of Quality Supervision, Inspection and Quarantine

Order of the State Administration of Quality Supervision, Inspection and Quarantine

No.80

The Measures for the Implementation of the Regulations of the People's Republic of China on the Administration on Production License for Industrial Products, which were adopted through discussion at the executive meeting of the State Administration of Quality Supervision, Inspection and Quarantine on August 31st, 2005, are hereby promulgated, and shall come into force as of November 1st, 2005. The Measures for the Administration on Production License for Industrial Products as promulgated by the State Administration of Quality Supervision, Inspection and Quarantine on March 27, 2002 shall be abolished simultaneously.

The Director General Li Changjiang

September 15, 2005

Measures for the Implementation of the Regulations of the People's Republic of China on the Administration on Production License for Industrial Products

Chapter I General Provisions

Article 1

The present Measures are formulated according to the Regulations of the People's Republic of China on the Administration on Production License for Industrial Products (hereinafter referred to as the Administration Regulations)

Article 2

The state shall adopt the administration system of production license to important industrial products.

Article 3

The present Measures shall be abided by when undertaking the production or sale of or using during business activities any product subject to the production license administration within the territory of the People's Republic of China.

No enterprise that has not obtained a production license may produce any product subject to production license administration. No entity or individual may sell or use during business activities any product without obtaining a production license.

Article 4

The administration of production license for industrial products shall adhere to the principles of science and justness, openness and transparency, legitimacy in procedures, facilitating people and high efficiency.

Article 5

The State Administration of Quality Supervision, Inspection and Quarantine (hereinafter referred to as the SAQSIQ) shall take charge of the unified administration of production licenses for industrial products nationwide, and for the products subject to the production license administration, unify the product catalogue, the examination requirements, the certificate symbols and the supervision and administration.

The SAQSIQ shall establish a National Office of Production License for Industrial Products (hereinafter referred to as the National License Office) to take charge of the routine work of the administration on production license for industrial products nationwide, formulate detailed implementation rules for the issuance of license for products, verify the examination institutions of products subject to production licensing for industrial products (hereinafter referred to as the examination institution), appoint production inspection institutions to undertake the task of inspection on license issuance, and manage the qualification of checkers, and the examination and approval for license issuance uniformly, and other work.

Article 6

The quality and technical supervision bureaus of a province, autonomous region, and municipality directly under the Central Government (hereinafter referred to as the provincial quality and technical supervision bureaus) may, in case it is necessary, take charge of the work of examination and issuance of production license for some of the products. And the concrete product catalogue shall be determined and publicized by the SAQSIQ.

Article 7

A provincial quality and technical supervision bureaus shall take charge of the work of supervision and administration on production license for industrial products within its own administrative region, and shall, in accordance with the Administration Regulations and the provisions of the SAQSIQ, conduct the work for the examination and issuance of production license for some products.

A provincial quality and technical supervision bureaus shall establish an office of production license for industrial products (hereinafter referred to as the provincial license office) to take charge of the routine work of the administration on production license for industrial products within its own administrative region.

The local quality and technical supervision bureaus at or above the county level shall take charge of the supervision and inspection on the production license within their own administrative regions.

Article 8

The examination organ shall, upon the entrustment of the SAQSIQ, undertake the drafting of detailed implementation rules for the issuance of license for relevant products, organizing on-site examination and technical training to checkers, and other work.

Article 9

Any institution or personnel undertaking the production license work shall make administration by law, perform his duties faithfully, serve the people warm-heartedly, and reinforce supervision and administration strictly.

Article 10

The SAQSIQ and the provincial quality and technical supervision bureaus shall plan the information construction of production license work uniformly, publicize production licensing items, so as to facilitate the consultation of the general public and the application of enterprises for handling licenses and realize the examination and approval through internet step by step.

Chapter II Production Licensing Procedures

Section I Application and Acceptance

Article 11

An enterprise shall meet the following qualifications for obtaining a production license:

1.

Possessing a business license;

2.

Having professional technicians qualified for the products it produces;

3.

Having the production conditions and means of inspection and quarantine, which are suitable for the products it produces;

4.

Having technical documents and technique documents matching the products it produces;

5.

Having sound and effective quality control system and responsibility system;

6.

Its products can meet the relevant national standards, industrial standards and requirements for ensuring personal health and personal and property safety; and

7.

According with the provisions of state industrial policies, and not being a project of backward techniques, with high energy consumption, environmental pollution, or waste of resources, and etc., which are to be stated out by public proclamation of the state and prohibited from being invested in and constructed.

In case there are otherwise provisions by any law or administrative regulation, such provisions shall be accorded with as well.

Article 12

An examination organ shall, upon the entrustment of the SAQSIQ, and in pursuance of the characteristics of the relevant products, developing conditions of certain industry and the relevant policies of the state, organize the drafting of detailed implementation rules for products.

The SAQSIQ shall, in accordance with the relevant provisions of the Administration Regulations, approve and publicize the detailed implementation rules for products. The special provisions in the detailed implementation rules for products, when necessary, shall be formulated and promulgated by the SAQSIQ together with the relevant departments of the State Council.

The provincial license offices and the examination organs shall, in accordance with the provisions of the detailed implementation rules for products, take charge of organizing or cooperating with the work for the publicity and implementation of the detailed implementation rules for products.

Article 13

The provincial quality and technical supervision bureaus shall, in light of the arrangement for the progress of the issuance of production licenses, inform the production enterprises within their own administrative regions by ways of publishing on newspapers or internet websites, and shall take charge of the work of enterprise application. The examination organs shall actively provide assistance to well do the relevant work.

Article 14

An enterprise, when producing the products listed in the catalogue, shall file an application to the provincial quality and technical supervision bureaus at the place where it is located.

In case any product being produced by an enterprise is listed into the catalog, the enterprise shall apply for obtaining a production license within the time as prescribed by the SAQSIQ.

Article 15

After receiving an application filed by an enterprise, the provincial quality and technical supervision bureaus shall grant the acceptance if the application materials meet the requirements of the detailed implementation rules, and shall send a Letter of Determination on the Acceptance of Application for Administrative License (See Attachment I) to the enterprise within 5 days as of the day of accepting the application of the enterprise.

Article 16

After receiving an application by an enterprise, the provincial quality and technical supervision bureaus may, in case the application materials fail to meet the requirements of the detailed implementation rules and may meet the requirements after supplementation, send a Letter of Notification on Supplementing Application Materials for Administrative License (See Attachment II) to the enterprise on the spot or within 5 days to notify the enterprise once for all. If it fails to notify the enterprise at the expiration of the time limit, the day when the application materials are received shall be regarded as the day of acceptance.

After receiving an application by an enterprise, which fails to meet the requirements of the Administrative License Law and the Administration Regulations, the provincial quality and technical supervision bureaus shall make a decision on rejecting the application, and issue a Letter of Determination on Rejecting the Application for Administrative License (See Attachment III).

Article 17

No provincial quality and technical supervision bureaus or any other department may add any additional requirement on any enterprise in its effort to obtain a production license.

Section II Examination and Determination

Article 18

After a provincial quality and technical supervision bureaus has accepted the application by an enterprise, the provincial license office or the examination organ shall conduct an examination on the enterprise, which shall include the on-site examination on the enterprise and the inspection on the products. If it is found to be unqualified in either the examination or inspection, the enterprise shall be determined as failing the examination.

Article 19

Where the examination shall be organized by a provincial quality and technical supervision bureaus as provided for by the detailed implementation rules, the provincial license office shall, within 30 days as of accepting the application of an enterprise, finish the on-site examination on the enterprise and the selection and seal of the samples, and inform the enterprise subject to inspection of the conclusion of the on-site examination in written form.

Where the examination shall be organized by an examination organ as provided for by the detailed implementation rules, the provincial license office shall submit all the application materials to the examination organ within 5 days as of the day of accepting the application of the enterprise. The examination organ shall, within 30 days as of the day of accepting the application of the enterprise, finish the on-site examination on the enterprise and the selection and seal of the samples, and inform the enterprise subject to inspection of the conclusion of the on-site examination in written form, and notify the provincial license office at the same time.

Article 20

In case any enterprise does not pass the on-site inspection, the spot examination on its products shall not be carried out any longer, and the enterprise examination shall be terminated.

Article 21

The examination organ or provincial license office shall formulate an on-site examination plan for enterprises and notify the enterprises five days before the examination.

If the examination is organized by an examination organ as provided for by the detailed implementation rules, a copy of the on-site examination plan for enterprises shall be sent to the provincial license office at the place where the enterprises are located at the same time.

Article 22

The examination organ or a provincial license office shall assign 2-4 examiners to constitute an examination group, which shall conduct on-site examination on enterprises, and the enterprises shall provide assistance.

Article 23

The examination group shall, pursuant to the requirements of the detailed implementation rules, conduct on-site examinations on enterprises, and the time for the inspection shall be 1-3 days in general. The examination group shall take charge of the result of on-site examination on enterprises, and shall apply the group leader responsibility system.

Article 24

Where an enterprise has passed the on-site examination, the examination group shall seal the samples in light of the requirements of the detailed implementation rules, and inform the enterprise of the name list of the inspection institutions that will undertake the task of inspection on the production license for products and the contact information for the enterprise to make a selection by itself.

If an enterprise has passed the examination and it is necessity to send samples for inspection, the enterprise shall be informed to serve the samples to the inspection institution within 7 days as of the day of sealing the samples. If it is necessity to make an on-site inspection, the checkers shall notify the enterprise to choose an inspection institution by itself to conduct the on-site inspection.

Article 25

The inspection institution shall complete the inspection within the time as provided for by the detailed implementation rules, and shall issue an inspection report.

Article 26

Where the examination is organized by a provincial license office, it shall submit the application materials to the examination organ within 30 days as of the day of accepting the application of an enterprise. And the examination organ shall gather the application materials within 40 days as of the day of accepting the application of the enterprise and submit them to the National License Office.

Where the examination is organized by an examination organ, it shall gather the application materials within 40 days as of the day of accepting the application of an enterprise and submit them to the National License Office.

Article 27

The SAQSIQ shall, within 60 days as of the day of accepting the application of an enterprise, make a decision on whether or not to grant to it a license. If the enterprise meets the conditions for license issuance, the SAQSIQ shall issue a certificate of production license within 10 days as of the day of making a decision on granting a license; if the enterprise does not satisfy the conditions for license issuance, it shall issue a Letter of Determination on Not Granting An Administrative License (See the Attachment IV) to the enterprise within 10 days as of the day of making the decision.

Article 28

Pursuant to the provisions of Article 18 of the present Measures, if a provincial license office or an examination organ determines that an enterprise fails to pass the examination, it shall report it to the SAQSIQ in written form in a timely manner, and the SAQSIQ shall issue to the enterprise a Letter of Determination on Not Granting An Administrative License.

Article 29

The SAQSIQ shall make public the name list of enterprises that have obtained a license to the general public on internet or newspapers and periodicals or in other ways. Meanwhile, it shall also provide a report on the license issuance of the relevant products to the department of national development and reform, the competent department of health and the administrative department of industry and commerce.

Article 30

The valid period of a production license shall be five years. Where an enterprise continues production at the expiry of the valid period, it shall, six months before the expiry of the production license, file an application for changing the license to the provincial quality and technical supervision bureaus at the place where it is located.

Article 31

Where an enterprise needs to add any item after obtaining a production license, it shall go through the formalities for adding items in pursuance of the procedures as prescribed in the detailed implementation rules. If the enterprise satisfies the conditions, it may change the certificate of production license but with the valid period of the license unchanged.

Article 32

Where, during the valid period of a production license, the detailed implementation rules are revised due to any big change of relevant laws and regulations, product standards and technical requirements of the state, the National License Office shall organize, when necessary, on-site examinations and product inspections.

Article 33

Where, during the valid period of a production license, there occurs any big change on the production conditions, means of inspection, production technology or techniques of an enterprise (including the alteration of the production address, and the major technical renovation on production lines), the enterprise shall file an application to the provincial quality and technical supervision bureaus at the place where it is located in a timely manner. And the examination organ or the provincial license office shall re-organize an on-site examination and product inspection according to the provisions of the detailed implementation rules.

Article 34

The provincial license offices, examination organs and the National License Office shall file the relevant materials for obtaining a production license submitted by enterprises in a timely manner. And the general public shall have the right to consult such materials. The archival materials of an enterprise shall be kept for five years.

Section III Supervision and Inspection of the Examination Work

Article 35

The National License Office shall organize the supervision and inspection on the quality of the enterprise examination work.

Where the on-site examination on an enterprise is organized by a provincial license office, the National License Office shall organize the examination organ to conduct a spot test; where the on-site examination on an enterprise is organized by an examination organ, the National License Office shall organize the provincial license office to conduct a spot test.

Article 36

When conducting a supervision and inspection, the supervision and inspection plan shall be made, which shall include the constitution of the inspection group, the specific time for inspection, the enterprise to be inspected and other contents.

Article 37

The provincial quality and technical supervision bureaus at the place where an enterprise is located shall be informed of the inspection plan beforehand, and shall provide assistance in the inspection work.

Article 38

After finishing the supervision and inspection work, the inspection group shall work out a written report and handling suggestion, and report them to the National License Office.

Article 39

The National License Office shall make a supervision and inspection on whether or not the inspection process and inspection report of an inspection institution is objective, just and timely through consulting the inspection report, comparing the inspection conclusions and in other ways.

Section IV Production Licensing on Group Companies

Article 40

A group company and its subsidiaries, branches or production bases (hereinafter jointly referred to as the subordinated entities), which have the legal person status, may apply for a production license independently; if any of these entities has no legal person status, it cannot apply for a production license independently in the name of their subordinated entities.

All the subordinated entities, no matter whether or not they have the status of a legal person, may file an application for obtaining a production license along with the group company.

Article 41

When any subordinated entity applies for a production license along with its group company, it shall file an application to the provincial quality and technical supervision bureaus at the place where the group company is located. If the on-site examination on the enterprise is organized by a provincial license office as required, the provincial license office at the locality of the group company may appoint an examination group directly, or may entrust in written form the provincial license office at the place where the subordinated entity is located to organize the examination. The provincial license office at the place where the group company is located shall take charge of reporting the relevant materials according to the prescribed procedures.

Article 42

Where, after a group company has obtained a production license, any of its newly established subordinated entities needs to apply for a production license along with the group company, the newly established subordinated entity may change its certificate of production license after passing the examination but with the valid period of the production license unchanged.

Article 43

Where a subordinated entity applies for a production license along with its group company, the subordinated entity that has been examined and its group company shall pay the examination fees and the production inspection fees respectively. And the fees for public notice shall be collected pursuant to the number of the certificates issued.

Article 44

The procedures for obtaining a certificate by a group company shall be applicable by analogy to the application of other economic communities and the subordinated entities for obtaining production licenses.

Section V Archival Filing for Processing under Entrustment

Article 45

The entrusting enterprise which undertakes the processing of any product subject to the production license administration upon entrustment and the entrusted enterprise, shall apply for archival filing respectively to the provincial license office at their localities.

Article 46

The entrusting enterprise shall be an enterprise engaging in lawful operation. And the enterprise being entrusted shall hold a lawful and effective production license.

Article 47

The entrusting enterprise and the entrusted enterprise shall, when applying for archival filing to the provincial license office at their localities, provide the following materials:

1.

The photocopies of the business licenses of the entrusting enterprise and the entrusted enterprise;

2.

The photocopy of the production license of the entrusted enterprise;

3.

The photocopy of the notarized contract of processing under entrustment;

4.

The contract of processing under entrustment shall clarify that the entrusting enterprise shall take charge of the sale of all the products; and

5.

The format of marking on the products processed under entrustment.

Article 48

A provincial license office shall, within 5 days after receiving the application for archival filing of processing under entrustment, make necessary verification, and put on archives of the enterprise that meets conditions. For the enterprise that does not meet the conditions, it shall not put on archives and shall explain the reasons.

Article 49

An entrusted processing enterprise shall perform its commitment for archival filing, and shall not alter the entrustment contract and the way of marking the products at will.

Article 50

No one may charge fees to any enterprise for putting on archives of the processing under entrustment.

Chapter III Administration on Checkers

Article 51

A checker shall not undertake the work for on-site examination on enterprises until he/she has obtained the corresponding qualification.

Article 52

The checkers shall include the examiners for the registration of production license for industrial products (hereinafter referred to as the examiners), senior examiners and technical experts.

Article 53

An examiner shall meet the following conditions:

1.

Being at the age of 65 or below;

2.

Having a junior college degree or above or middle technical title or above;

3.

Being familiar with the production techniques, quality standards for production and quality control system of relevant products; and

4.

Having undertaken the quality work for five full years.

Article 54

The National License Office shall make examination and registration on the personnel trained by provincial license offices or examination organs, and issue to an approved examiner a registration certificate with the valid period of three years.

Article 55

Within 3 months before the expiry of the valid period of a registration certificate, the examiner shall apply for changing the registration certificate as required, and shall comply with the following conditions:

1.

Being at the age of 65 or below;

2.

Having completed at least 6 on-site examinations on enterprises with a production license for industrial products within the valid period of the certificate;

3.

Having participated in at least 15 hours relevant work training on the production license for industrial products each year; and

4.

Observing the behavior criterions on examiners, and having no illegal act or act violating regulations.

Where a senior examiner meets the conditions as prescribed in the preceding paragraph within the valid period of the certificate, and acts as the leader of an examination group for at least three times, he/she may change for a registration certificate of a senior examiner as required; if he/she only meets the conditions as prescribed in the preceding paragraph, he/she may change for a certificate of an examiner.

Article 56

The provincial license offices or examination organs shall take charge of the work of organizing the application for changing certificates at the expiry of the tenure of an examiner. And the National License Office shall take charge of changing the certificates for personnel who meet the conditions for changing the certificate.

Article 57

Where an examiner applies for upgrading to a senior examiner, he/she shall meet the following conditions:

1.

Having completed on-site examinations on enterprises with a production license for at least 10 times and acting as the leader of an examination group for more than 6 times within the valid period of the registration certificate;

2.

Having participated in the relevant work training on production license for more than 20 hours each year; and

3.

Observing the behavior criterions on examiners, and having no illegal act or act violating regulations.

Article 58

Any personnel who applies for upgrading shall file an application to the provincial license office or the examination organ. The National License Office shall make examination on the applicants for upgrading reported by the provincial license office or the examination organ, and issue a registration certificate of a senior examiner to an examiner who meets the requirements for upgrading and upon the approval of the National License Office. And the valid period of the certificate shall be three years.

Article 59

The technical experts shall refer to the relevant personnel, who have not obtained the registration certificate of an examiner, but may provide technical advice to the on-site examinations on the enterprises with a production license when necessary.

Article 60

Any person who applies for the qualification of a technical expert shall meet the following conditions:

1.

Having a bachelor's degree of college or above or a senior technical title;

2.

Having undertaken the relevant professional work for 10 full years; and

3.

Being familiar with the professional knowledge on relevant products and being the technical authority of the relevant fields.

Article 61

A provincial license office or an examination organ may, when necessary, file an application to the National License Office for putting on archives the technical experts who may participate in the on-site examination work of enterprises upon the approval of the National License Office.

Article 62

Where a technical expert participates in an on-site examination on an enterprise, he/she shall not act as a member of the examination group, and may not take part in drawing examination conclusions.

Article 63

The registration certificate holder shall properly keep its certificate, and shall apply for a new one in a timely manner in case the certificate is lost or damaged.

Article 64

A checker shall carry out on-site examinations on enterprises in accordance with the provisions of the detailed implementation rules for products. When conducting an examination, the checker shall show the relevant certificate to the enterprise under examination.

Article 65

When conducting an on-site examination on any enterprise, a checker may not create difficulties for the enterprise, and may not seek for or take the property of the enterprise or figure for other illicit interests.

Chapter IV Administration on Examination Organs

Article 66

An examination organ shall meet the following basic conditions:

1.

Having a sound management system and an effective operating mechanism;

2.

Having staff members suitable for carrying out the work of examination on relevant products;

3.

Having a suitable place of business and office facilities;

4.

Having mastered the relevant laws and regulations and provisions on production license, and knowing the mechanism and procedures for production license;

5.

Knowing the present situation of the industry concerned and the national industrial policies of relevant products; and

6.

Having no acts of undertaking the production, sale, and supervision over the manufacture and sale of the relevant products.

Article 67

Any entity that meets the conditions as provided for in Article 66 may apply to the National License Office for working as an examination organ on relevant products, and submit the following materials:

1.

the written application for working as an examination organ on relevant products;

2.

the certificate of organization code of the application institution, business license of the legal person or the registration certificate of the legal person of a social body;

3.

the basic information on the application entity;

4.

the industrial development level of the relevant products, enterprise distribution, and the basic information on the product inspection institution; and

5.

the experiences required for working in product quality supervision and production licensing.

Article 68

The National License Office shall make examination on the qualifications of the applying entities and appoint personnel to make on-site examination and verification if necessary, and shall report to the SAQSIQ for approving the entity that meets the qualification requirements through selecting the best ones to undertake the work as examination organs.

Article 69

The examination organ shall, within 15 days as of the day of approval, submit the name list of the persons in charge of the examination organs, the setup of the posts and other basic information to the National License Office. Where there is any change of the person in charge of an examination organ, it shall report such change to the National License Office for archival filing in a timely manner.

Article 70

When conducting an on-site examination on any enterprise, the examination organ may not interfere the ordinary production and management activities of the enterprise, and may not seek for or take the properties of the enterprise.

Article 71

An examination organ may not have the following acts when conducting the production license work:

1.

Failing to complete the work within the prescribed time limit;

2.

Issuing false examination conclusions;

3.

Imposing without permission other conditions besides those as prescribed in the detailed implementation rules;

4.

Failing to notice any enterprise of the right to send samples to a qualified inspection institution upon its choice for inspection;

5.

Undertaking or introducing any enterprise to make paid advice on production licensing;

6.

Selling any production equipment, inspection equipment or technical materials to any enterprise;

7.

Engaging any personnel who has not obtained the corresponding qualifications to undertake the work of any on-site examination on any enterprise; and

8.

Other acts in violation of laws, regulations or rules.

Chapter V Administration on Inspection institutions

Article 72

An inspection institution, which applies for undertaking the work of inspection on production licensing, may not conduct the inspection on production licenses for relevant products until after it has passed the certification on instruments of measurement, examination recognition or the authentication of the laboratories according to the provisions of state laws and administrative regulations, and is appointed by the National License Office.

Article 73

The inspection institution shall file a written application to the provincial license office or the examination organ for conducting the inspection on production licenses of relevant products.

Article 74

A provincial license office or an examination organ shall make an examination on the inspection institution which has filed an application in a proper way, and propose recommendation opinions. The National License Office shall organize experts to verify, when necessary, the application of the inspection institution.

Article 75

The National License Office shall, pursuant to the principles of ensuring the work quality and progress, facilitating sample sending of enterprises for inspection and moderate competition, designate an inspection institution that meets the conditions, and make public the scope of inspection on the production license of relevant products it undertakes.

Article 76

The designated inspection institution shall, in accordance with the requirements of the detailed implementation rules for products, carry out an inspection of products subject to production licensing, and issue an inspection report.

The inspection report shall be signed by the inspectors, examination personnel, person in charge of the inspection institution or the personnel authorized by him/her. The inspection institution and its staff members shall take charge of the inspection report.

Article 77

The inspection institution shall charge inspection fees to the enterprise in light of the product inspection charging standard as provided for by the state.

Article 78

The inspection institution shall set up technical archives for inspection on the products subject to production licensing, and ensure the archives complete, truthful and effective.

Article 79

The inspection institution may not have the following acts when conducting the work for inspection of products subject to production licensing:

1.

Failing to make inspections according to the standards, requirements and methods as provided for in the detailed implementation rules;

2.

Fabricating inspection conclusions or issuing false inspection reports;

3.

Engaging in production and sale of the products relating to the designated inspection task, or recommending or supervising over the manufacture or sale of the aforesaid products in its name;

4.

Undertaking or introducing enterprises to carry out paid consultation services on production license;

5.

Overcharging inspection fees;

6.

Forcing enterprises to send samples for inspection as by violating the legal provisions; or

7.

Other acts in violation of laws, regulations or rules.

Chapter VI Certificate and Symbol

Article 80

The national certificate of production license for industrial products (hereinafter referred to as the certificate of production license) shall include an original copy and a duplicate (For the pattern of the certificate, please see Attachment V-1, 2), which shall have the same legal effect. The certificate of production license shall be uniformly printed by the SAQSIQ.

Article 81

The certificate of production license shall specify the name, residence of the enterprise, production address, name of the product, serial number of the certificate, the issuing date and the valid period.

The certificate of production license for a group company shall, besides the foresaid items, specify the name and production address of the subordinated entity that applies for obtaining a certificate along with it and the name of the product.

Article 82

Where there occurs any alteration in the name, residence and production address of an enterprise, and the production conditions, means of inspection, production technology or technique of the enterprise remain unchanged, the enterprise shall, within one month after its name is altered, file an application for alteration of the name of the production license to the provincial quality and technical supervision bureaus at the place where the enterprise is located.

Article 83

A provincial quality and technical supervision bureaus shall, within 5 days as of the day of accepting the materials for the alteration of the enterprise name, submit the foresaid materials to the National License Office.

The National License Office shall, within 25 days as of the day of receiving the submitted materials for alteration of the enterprise name, complete the written examination on the application materials. And the SAQSIQ shall make a decision on whether or not to grant the alteration. Any enterprise that meets the conditions for alteration shall be issued a new certificate but with the valid period of the certificate unchanged. Any enterprise that fails to meet the conditions shall be notified in written form and given an explanation.

Article 84

Enterprise shall properly keep the certificates of production license. In case a certificate of production license is lost or damaged, the enterprise shall file an application for issuing a new production license to the provincial quality and technical supervision bureaus at the place where the enterprise is located.

Article 85

The provincial quality and technical supervision bureaus shall, within 5 days as of the day of accepting the materials of an enterprise for issuing a new production license, submit the aforesaid materials to the National License Office.

The National License Office shall, within 25 days as of the day of receiving the materials for issuing a new production license submitted by the provincial license office, finish the written examination on the application materials. And the SAQSIQ shall make a decision on whether or not to grant a new license. If the enterprise meets the conditions, it shall be issued a new license but with the valid period of the license unchanged; if the enterprise fails to meet the conditions, it shall be notified in written form and be given an explanation.

Article 86

The symbol of the production license for industrial products shall consist of the English capital letters "QS" (Quality Safety) and the Chinese characters (Zhi Liang An Quan). The main color of the symbol shall be blue, and the letter Q and the four Chinese characters "Zhi Liang An Quan" shall be blue and the letter S shall be white. For the requirements in the design, size and color of the symbol, see Attachment VI.

The symbol of "QS" shall be printed or posted by the enterprises themselves and may be amplified or shrank as required.

Article 87

The serial number of the production license for industrial products shall consists capital Chinese phonetic alphabet XK plus ten digit Arabic numbers: XKกมกม-กมกมกม-กมกมกมกมกม, of which XK represents the license, the preceding two digits (กมกม) represents the serial number of the industry, the middle three digits (กมกมกม) represents the serial number of the product, and the final five digits (กมกมกมกมกม) represents the serial number of the production license of the enterprise.Article 88 An enterprise shall label the symbol and serial number of its production license on its product or the packaging and the specification thereof.

Article 88

An enterprise shall label the symbol and serial number of its production license on its product or the packaging and the specification thereof.

For the food without package and other unpacked products that are difficult to label symbols in light of the characteristics of the product, they may be refrained from labeling the symbol and serial number of the production license.

Article 89

Where a subordinated entity has the legal person status, its name, residence, and the symbol and serial number shall be labeled on its product or the packaging and the specification thereof when it applies for a production license by itself.

When any subordinated entity applies for a production license along with its group company, the names and residences of the group company and the subordinated entity, and the symbol and serial number of the production license of the group company shall be labeled on their products or the packaging and the specifications thereof, or only the name, residence and the symbol and serial number of the production license of the group company may be labeled.

Article 90

An entrustment processing enterprise shall, in light of the contents of labels for archival filing, make labels on its product or the packaging and the specifications thereof.

Where an entrusting enterprise has a production license for the product entrusted to it, the name and residence of the entrusting enterprise and the name, the symbol and serial number of the production license of the entrusted enterprise shall be marked; or the name, residence, symbols and serial number of the production license of the entrusted enterprise shall be labeled.

Where an entrusting enterprise does not have a production license for the product entrusted to it, the name and residence of the entrusting enterprise and the name and the symbol and serial number of the production license of the entrusted enterprise shall be labeled.

Article 91

Any enterprise that has obtained a production license shall finish the labeling of the symbol and serial number of its production license on its products or the packaging or the specifications thereof within 6 months as of the day it obtains the license.

Article 92

No entity or individual may forge or alter any certificate, symbol or serial number of any production license. No enterprise that has obtained a production license may lease, lend or transfer in other forms its certificate, or the symbol or serial number of its production license.

Chapter VII Administration on the License Issuance by Provincial Administrations of Quality and Technology Supervision

Article 93

The SAQSIQ shall promulgate a catalogue of products for which a license shall be issued by the provincial administrations of quality and technology supervision and make adjustment in due time, uniformly formulate and make public detailed implementation rules for products and prescribe the pattern of the certificate.

Article 94

The provincial administrations of quality and technology supervision shall take charge of the work of acceptance, examination, approval and license issuance for products for which a production license shall be issued as provided for in Article 93 within their own administrative regions.

Article 95

The provincial administrations of quality and technology supervision shall, according to the license handling procedures of the SAQSIQ and in combination with the reality, formulate the procedures for the application of any enterprise for a license, and announce it to the general public.

Article 96

The provincial quality and technical supervision bureaus shall finish the examination and license issuance work within 60 days as of the day of accepting the application of an enterprise. The time for product inspection shall be that as provided for in the detailed implementation rules, and may not be computed into the foresaid prescribed time limit.

Article 97

The provincial administrations of quality and technology supervision shall publicize the directory of enterprises that have obtained a license, and report it to the National License Office. The production license issued by a provincial quality and technical supervision bureaus shall be effective through the country.

Article 98

The SAQSIQ shall make a supervision and inspection on the quality of the license issuance of the provincial administrations of quality and technology supervision by way of irregular inspection, and investigate for liabilities to the relevant personnel who have made any serious problem in work.

Article 99

Where there is no specific provision on the examination and license issuance by the provincial administrations of quality and technology supervision of the present Measures, the relevant provisions of the SAQSIQ on the examination and license issuance shall prevail.

Chapter VIII Supervision and Inspection

Article 100

The SAQSIQ and the local administrations of quality and technology supervision at or above the county level shall make a supervision and inspection on the implementation of the production license system in accordance with the present Measures, and shall impose an administrative punishment on illegal acts violating the present Measures.

Article 101

The local administrations of quality and technology supervision at or above the county level shall, according to the tip-off or the proof of suspected violations they have obtained, make an investigation and impose a punishment on the acts suspected of violating laws, and perform the following functions:

1.

Investigating or inquiring the legal representatives, major persons in charge and other relevant personnel of the entity using the products listed in the catalogue in its production, sale and business operation and the inspection institution about the acts suspected of violating the present Regulations;

2.

Consulting or replicating the relevant contracts, invoices, account books and other relevant materials of the entity that uses such products in the relevant production, sales and business activities and of the inspection institution; and

3.

Sealing up or detaining the products used in the production, sale and business operations in violation of the Administration Regulations and the present Measures as supported by proof.

Article 102

As of the day when a provincial quality and technical supervision bureaus makes a decision on accepting the production license, the enterprise may carry out trial production of the products for which it applies for obtaining a production license.

Article 103

No product under trial production of an enterprise may be sold until it has passed the inspection batch by batch according to the provisions of the detailed implementation rules for products made by the inspection institution that conducts the inspection of products subject to production licensing, and mark the words "trial-produced product" on the product or the packaging and the specifications thereof. If the SAQSIQ has made a decision on not granting a license, the enterprise shall stop the trial production of the products on the same day.

Article 104

An enterprise that has obtained a production license shall ensure that its product is stable in quality and meet the quality requirements, and shall not lower the conditions for obtaining a production license.

Article 105

An enterprise that has obtained a production license shall, as of the day of obtaining the production license, submit a self-inspection report to the provincial license office each year. The enterprise that has obtained a production license for less than one year may submit a self-inspection report in the next year. The self-inspection report of an enterprise shall include the following contents:

1.

the keeping of the conditions on which the application for obtaining a production license is filed;

2.

the alteration of the name, residence and production address of the enterprise;

3.

the production status of the enterprise and the product changes;

4.

the use of the certificate, symbol and serial number of the production license;

5.

the supervision and inspection on the product quality by the administrative departments; and

6.

other relevant information that shall be specified by the enterprise as required by the provincial license office.

Article 106

When a provincial license office makes an on-site examination on the self-inspection report of enterprises, the quantity of the enterprises subject to the spot examination shall be controlled within 10% of total number of the enterprises that have obtained a production license.

Chapter IX Penalties

Article 107

Where the administrative departments of production license and the staff members thereof, inspection institutions and the inspectors thereof as well as enterprises violate the relevant provisions of the Administration Regulations, they shall assume corresponding legal liabilities according to the provisions of Chapter VI of the Administration Regulations.

Article 108

Where any checker of production license has any one of the following acts, the National License Office shall revoke its qualification as a checker; if the circumstance is serious, the National License Office shall suggest his/her administrative entity in charge to impose on him/her an administrative punishment; if a crime is constituted, he/she shall be subject to criminal liabilities according to law:

1.

Violating the provisions of Articles 64 and 65 of the present Measures;

2.

Cheating to obtain the qualification certificate by providing false materials or by any other improper means;

3.

Providing paid consultation services on production licensing; or

4.

Other acts in violation of state laws or regulations.

Any person whose qualification as an checker is revoked may not reapply for being registered as an checker of production license.

Article 109

Where any examination organ conducts examination on production license in violation of the provisions of Articles 70 and 71 of the present Measures, the National License Office shall order it to make corrections within a prescribed time limit; if it still fails to make corrections beyond the time limit, it shall be disqualified as an examination organ of production license; if any crime is constituted, the person in charge of the examination organ shall be subject to criminal liabilities according to law.

Article 110

Where any inspection institution violates the provisions of Article 79 of the present Measures, the National License Office shall order it to make corrections; if it still fails to make corrections beyond the time limit, it shall be disqualified from undertaking the inspection on production license; if it violates the provisions of the relevant state laws and regulations, it shall be subject to the punishment according to law.

Article 111

Where an enterprise violates the provisions of Article 103 of the present Measures during trial production, the local quality and technical supervision bureaus at or above the county level shall order it to make corrections and impose upon it a fine of less than RMB 30,000 Yuan; if it still fails to make corrections, it shall be subject to the punishment as provided for in Article 48 of the Administration Regulations.

Article 112

Under any of the following circumstances, the department for license examination and approval shall revoke the production license, except that the revocation of the production license may cause great damage to the public interest:

1.

Any of the staff members of an administrative department makes a decision on granting a production license by abusing his or her powers or being derelict of powers;

2.

The decision on granting a production license is made by overstepping his or her legal powers;

3.

The decision on granting production license is made by violating the legal procedures;

4.

The production license is granted to any applicant who is not eligible to file an application or who does not meet the legal conditions;

5.

The licensee obtains the production license by cheating, bribery or other improper means; or

6.

Other circumstances under which the production license may be revoked.

Article 113

Under any of the following circumstances, the department for license examination and approval shall withdraw the production license:

1.

The products licensed to produce are listed into the catalogue of products to be phased out by the state or whose production is prohibited by the state;

2.

The licensee does not produce the licensed products any more;

3.

The laws, regulations and rules on which the production license is based are revised or repealed, which results in the termination of the production of licensed items according to law; or

4.

Other circumstances under which the production license shall be withdraw according to law.

Article 114

Where any enterprise that has obtained a production license is under any of the following circumstances, the department for license examination and approval shall revoke its production license:

1.

Where it fails to label the symbol and serial number of the production license on its products or the packaging or the instructions thereof as required, and the circumstance is serious;

2.

Where it leases, lends or transfers the certificate of license, the symbol and serial number of the production license, and the circumstance is serious;

3.

Where the product is not up to the standards as found in the supervision and spot test made by the state or the provincial authority, and still not up to the standards after rectification and reexamination; or

4.

Other circumstances under which the production license shall be revoked according to law.

Article 115

Under any of the following circumstances, the department of license examination and approval shall revoke the production license and go through the relevant formalities:

1.

Where any enterprise fails to reapply for obtaining a license at the expiry of the valid period of the production license;

2.

Where any legal person or other organization is terminated according to law;

3.

Where the production license is revoked or withdrawn according to law or the production license is suspended according to law;

4.

Where the administrative licensing matters are unable to be implemented due to force majeure; or

5.

Other circumstances under which the production license shall be written off as provided for by laws or regulations.

Article 116

Before suspending or revoking any production license of any illegal enterprise, the local quality and technical supervision bureaus at or above the county level may suspend the production license thereof.

The time for suspension of the production license shall be 7 days (excluding the time for the test made by the product inspection institution). If the illegal act is found to be truth, the license shall be suspended or revoked according to law, and the department for license examination and approval shall take back the suspended certificate; if it determines not to suspend or revoke the license through investigation and evidence obtaining, the certificate suspended shall be returned to the enterprise in time.

Article 117

Where any entrusting enterprise fails to put on archives according to the provisions of the present Measures or alters the way of labeling on archival filing without permission, or the entrusted enterprise fails to put on archives according to the provisions of the present Measures, the local quality and technical supervision bureaus at or above the county level shall order it to make corrections within a prescribed time limit, and impose upon it a fine of less than RMB 30,000 Yuan; if it still fails to make corrections beyond the time limit, its production license shall be revoked.

Article 118

As for the relevant illegal acts that be found by any provincial quality and technical supervision bureaus when organizing the work of examination and license issuance on some products, the local quality and technical supervision bureaus at or above the county level shall give it a punishment according to the Administration Regulations and the relevant provisions of the present Measures.

Article 119

Where any enterprise disagrees with the decision on any administrative license and administrative punishment, it may apply for administrative reconsideration or lodge an administrative litigation according to law.

Chapter X Supplementary Provisions

Article 120

An enterprise shall pay relevant fees for obtaining a production license for industrial products. The relevant provisions of the competent department of finance and price of the State Council shall be followed for the charging items and charging standards.

When the fees for the examination and approval for license issuance are collected by a provincial quality and technical supervision bureaus, the relevant provisions of the competent department of finance and price at the provincial level shall also be followed.

Article 121

The administration on food production license shall be provided for separately.

Article 122

The power to interpret the present Measures shall remain with the SAQSIQ.

Article 123

The present Measures shall come into force as of November 1, 2005. The Measures for the Administration of Production License for Industrial Products which were promulgated by the SAQSIQ on March 27, 2002 shall be abolished simultaneously. Attachment ILetter of Determination on the Acceptance of Application for Administrative License

No. [___] of________

_____________:

The application for____________and materials provided by you/your entity meet the application conditions for the item. According to the Item V of Paragraph 1 of Article 32 of the Administrative License Law, it is determined to grant acceptance to your application.

Appendix: The Registration Form of Applying Materials

Special Seal for License

Month Day Year

The Handling Person:_____________

Telephone Call:_____________

Notes: Where the applicant has not received any other document within 5 days, it can be recognized that the application is accepted. The decision shall be in duplicate, one is for the applicant and the other is for archiving. (The formal instructions for use are not noted.) Attachment IILetter of Notification on Supplementing Application Materials for Administrative License

No. [___] of ________

_____________:

The materials provided by you/your entity for the application of _____________ are not complete or fall short of the legal prescriptions. According to the Items III and IV of Article 32 of the Administrative License Law, please make the following supplementations:_________________________________________________________________.

If there is something to consult, please contact _____________ with the number of _____________.

Special Seal for License

Month Day Year

Notes: The letter of notification shall be used within 5 days as of receiving of the application. It shall be in duplicate, one is for the applicant and the other is for archiving. (The formal instructions for use are not noted.) Attachment IIILetter of Determination on Rejecting the Application for Administrative License

No. [___] of ________

_____________:

Your application for _____________ , upon examination, does not need the administrative license (or does not fall into the scope of the powers of the institution, or is under the condition that the suspension of production license of the enterprise has not exceeded 3 years), and shall be submitted to _____________ . According to the Item _______________________________________ of Paragraph 1 of Article 32 of the Administrative License Law (or the Article 55 of the Regulations of the People's Republic of China on the Administration on Production License for Industrial Products), it is determined not to grant acceptance to your application.

Special Seal for License

Month Day Year

Notes: The decision shall be made immediately or within 5 days. It shall be in duplicate, one is for the applicant and the other is for archiving. (The formal instructions for use are not noted.) Attachment IVLetter of Determination on Not Granting An Administrative License

No. [___] of ________

_____________:

The numbers of code (or identity card) of an enterprise (or an entity)

Address _____________ Post Numbers _____________ Telephone_____________

The Legal Representative _____________ Job _____________ Telephone_____________

Your application for _____________ , upon examination, fails to meet the requirements for the licensed ones. The determination is _____________ , and the reasons are

If there is any objection to the decision, an administrative reexamination may be applied to _____________ or _____________ according to law within 60 days as of the day of receiving the determination, or an administrative litigation may be lodged to the People's Court within 3 months (if there are other provisions, such provisions shall prevail.)

Seal of the Institution

Month Day Year

Notes: Since that the Letter of Decision is the bases for reexamination and litigation, it shall be filled in carefully and prudently. It shall be in duplicate, one is for the applicant and the other is for archiving. (The formal instructions for use are not noted.)