Laws of the People's Republic of China

CONTENTS

CHAPTER I GENERAL PROVISIONS

CHAPTER II PRIMARY STANDARD INSTRUMENTS OF MEASUREMENT, STANDARD INSTRUMENTS OF MEASUREMENT AND METROLOGICAL VERIFICATION

CHAPTER III ADMINISTRATIVE CONTROL OF MEASURING INSTRUMENTS

CHAPTER IV METROLOGICAL SUPERVISION

CHAPTER V LEGAL LIABILITY

CHAPTER VI SUPPLEMENTARY PROVISIONS

CHAPTER I GENERAL PROVISIONS

   Article 1. This Law is formulated to strengthen the metrological supervision and administration, to ensure the uniformity of the national system of units of measurement and the accuracy and reliability of the values of quantities, so as to contribute to the development of production, trade and science and technology, to meet the needs of the socialist modernization and to safeguard the interests of the state and the people.

   Article 2. Within the territory of the People's Republic of China, this Law must be abided by in establishing national primary standards of measurement and standards of measurement, in conducting metrological verification, and in the manufacture, repair, sale or use of measuring instruments.

   Article 3. The state shall adopt the International System of Units (SI).

The International System of Units and other units of measurement adopted by the state shall be the national legal units of measurement. The names and symbols of the national legal units of measurement shall be promulgated by the State Council.

Non-national legal units of measurement shall be abrogated. Measures for the abrogation shall be stipulated by the State Council.

   Article 4. The metrological administrative department of the State Council shall exercise unified supervision over and administration of metrological work throughout the country.

The metrological administrative departments of the local people's governments at and above the county level shall exercise supervision over and administration of metrological work within their respective administrative areas.

CHAPTER II PRIMARY STANDARD INSTRUMENTS OF MEASUREMENT, STANDARD INSTRUMENTS OF MEASUREMENT AND METROLOGICAL VERIFICATION

   Article 5. The metrological administrative department of the State Council shall be responsible for establishing all kinds of primary standards of measurement, which shall serve as the ultimate basis for unifying the values of quantities of the country.

   Article 6. The metrological administrative departments of the local people's governments at or above the county level may, according to the needs of their respective areas, establish public standards of measurement, which shall be put into use after being checked and found to be qualified by the metrological administrative department of the people's government at the next higher level.

   Article 7. The competent department concerned of the State Council and the competent department concerned of the people's governments of the provinces, autonomous regions, and municipalities directly under the Central Government may, in the light of their own specific needs, establish standards of measurement for their own use. The ultimate standard of measurement of each kind shall be put into use after being checked and found to be qualified by the metrological administrative authorities of the people's government at the corresponding level.

   Article 8. Enterprises or institutions may, according to their needs, establish standards of measurement for their own use. The ultimate standard of measurement of each kind shall be put into use after being checked and found to be qualified by the metrological administrative department of the people's government concerned.

   Article 9. The metrological administrative departments of the people's governments at or above the county level shall make compulsory verification of the public standards of measurement, the ultimate standards of measurement used in the departments, enterprises and institutions as well as the working measuring instruments used in settling trade accounts, safety protection, medical and health work, or environmental monitoring that are listed in the compulsory verification catalogue. Those measuring instruments which have not been submitted for verification as required and those which have been checked and found to be unqualified shall not be used. The catalogue of the working measuring instruments subject to compulsory verification and the measures for the administration of such instruments shall be stipulated by the State Council.

The standards of measurement and working measuring instruments other than those referred to in the preceding paragraph shall be verified at regular intervals by the users themselves or by the metrological verification institutions. The metrological administrative departments of the people's governments at or above the county level shall supervise and inspect such verification.

   Article 10. Metrological verification shall be conducted according to the National Metrological Verification System. The National Metrological Verification System shall be worked out by the metrological administrative department of the State Council.

Metrological verification must be carried out in accordance with the regulations governing metrological verification. The national metrological verification regulations shall be formulated by the metrological administrative department of the State Council. In the case of certain instruments that are not covered in the national metrological verification regulations, the competent departments of the State Council and the metrological administrative departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall respectively formulate departmental and local verification regulations. Such verification regulations shall be submitted to the metrological administrative department of the State Council for the record.

   Article 11. Metrological verification shall, according to the principle of economy and rationality, be carried out on the spot or in the vicinity.

CHAPTER III ADMINISTRATIVE CONTROL OF MEASURING INSTRUMENTS

   Article 12. An enterprise or institution which is to engage in manufacturing or repairing measuring instruments must have facilities, personnel and verification appliances appropriate to the measuring instruments it is to manufacture or repair and, after being checked and considered as qualified by the metrological administrative department of the people's government at or above the county level, obtain a Licence for Manufacturing Measuring Instruments or a Licence for Repairing Measuring Instruments.

The administrative departments for industry and commerce shall not issue a business licence to an enterprise engaged in manufacturing or repairing measuring instruments which has not obtained a Licence for Manufacturing Measuring Instruments or a Licence for Repairing Measuring Instruments.

   Article 13. When an enterprise or institution manufacturing measuring instruments undertakes to manufacture new types of measuring instruments which it has not previously manufactured, such measuring instruments may be put into production only after the metrological performance of the sample products has been checked and found to be qualified by the metrological administrative department of a people's government at or above the provincial level.

   Article 14. Without the approval of the metrological administrative department of the State Council, measuring instruments with non-legal units of measurement which have been abrogated by the State Council, and other measuring instruments which are banned by the State Council, shall not be manufactured, sold or imported.

   Article 15. An enterprise or institution engaged in manufacturing or repairing measuring instruments must verify the measuring instruments it has manufactured or repaired, guarantee the metrological performance of the products and issue certificates of inspection for the qualified products.

The metrological administrative department of the people's governments at or above the county level shall supervise and inspect the quality of the measuring instruments manufactured or repaired.

   Article 16. Measuring instruments imported from abroad may be sold only after having been verified and found to be up to standard by the metrological administrative department of the people's government at or above the provincial level.

   Article 17. When using measuring instruments, no person shall be allowed to impair their accuracy, thereby prejudicing the interests of the state and consumers.

   Article 18. Self-employed workers or merchants may manufacture or repair simple measuring instruments.

Any self-employed worker or merchant who is to engage in manufacturing or repairing measuring instruments may apply for a business licence from the administrative department for industry and commerce provided he has been tested and found to be qualified by the metrological administrative department of a people's government at the county level, and issued a Licence for Manufacturing Measuring Instruments or a Licence for Repairing Measuring Instruments.

The types of measuring instruments which can be manufactured or repaired by self-employed workers or merchants shall be determined by the metrological administrative department of the State Council, which shall also adopt measures for their control.

CHAPTER IV METROLOGICAL SUPERVISION

   Article 19. The metrological administrative department of the people's governments at or above the county level may, according to their needs, appoint metrological supervisors. The measures for the administration of the metrological supervisors shall be formulated by the metrological administrative department of the State Council.

   Article 20. The metrological administrative department of the people's governments at or above the county level may, according to their needs, set up metrological verification organs or authorize the metrological verification institutions of other establishments to carry out compulsory verification and other verification and testing tasks.

The personnel carrying out the tasks of verification and testing mentioned in the preceding paragraph must be tested for their qualifications.

   Article 21. Any dispute over the accuracy of measuring instruments shall be handled in accordance with the data provided after verification with the national primary standards of measurement or public standards of measurement.

   Article 22. A product quality inspection agency which is to provide notarial data on the quality of products for society must be checked for its capability and reliability of metrological verification and testing by the metrological administrative department of a people's government at or above the provincial level.

CHAPTER V LEGAL LIABILITY

   Article 23. Whoever, without a Licence for Manufacturing Measuring Instruments or a Licence for Repairing Measuring Instruments, manufactures or repairs measuring instruments shall be ordered to stop his production or business operations. His unlawful income shall be confiscated and a fine may be concurrently imposed.

   Article 24. Whoever manufactures or sells a new type of measuring instruments which have not been checked and found to be qualified shall be ordered to stop the manufacture or sale of that new product. His unlawful income shall be confiscated and may concurrently punished by a fine.

   Article 25. Whoever manufactures, repairs or sells unqualified measuring instruments shall have his unlawful incomes confiscated and, a fine may concurrently be imposed.

   Article 26. Whoever uses measuring instruments subject to compulsory verification, without having filed an application for verification as required, or continues to use the measuring instruments which have been checked but found to be unqualified, shall be ordered to stop the use and may concurrently be punished by a fine.

   Article 27. Whoever uses unqualified measuring instruments or impairs the accuracy of measuring instruments, thus causing losses to the state and consumers, shall be ordered to make compensation for the losses, and shall have his measuring instruments and unlawful income confiscated and may concurrently be punished by a fine.

   Article 28. Whoever manufactures, sells or uses measuring instruments for the purpose of deceiving consumers shall have his measuring instruments and unlawful income confiscated and may be concurrently punished by a fine. If the circumstances are serious, the individual or the person in the unit who is directly responsible shall be investigated for his criminal responsibility according to the crimes of swindling or speculation.

   Article 29. Where any individual or unit,in violation of the provisions of this Law, manufactures, repairs or sells unqualified measuring instruments, thus leading to people's injury or death or causing major property losses, the individual or the person in the unit who is directly responsible shall be investigated for his criminal responsibility, by making reference to the provisions of Article 187 of the Criminal Law.

   Article 30. A metrological supervisor who transgresses the law and neglects his duty, where the circumstances are serious, shall be investigated for criminal responsibility pursuant to the relevant provisions of the Criminal Law. If the circumstances are minor, he shall be given an administrative sanction.

   Article 31. The administrative sanction provided for in this Law shall be determined by the metrological administrative department of a people's government at or above the county level. The administrative sanction provided for in Article 27 of this Law may also be determined by the administrative departments for industry and commerce.

   Article 32. A party who refuses to accept the decision of the administrative sanction may, within 15 days after receipt of the notification of the decision, file a suit in a people's court. If, within that time limit, the party does not file a suit or comply with the penalty of imposing a fine and having his unlawful income confiscated, the administrative authorities which have made the decision of the administrative sanction may request the people's court for compulsory execution.

CHAPTER VI SUPPLEMENTARY PROVISIONS

   Article 33. Measures for the administration of and supervision over the metrological work in the Chinese People's Liberation Army and in the units under the jurisdiction of the Commission on Science, Technology and Industry for National Defence shall be formulated separately by the State Council and the Central Military Commission in accordance with this Law.

   Article 34. The metrological administrative department of the State Council shall, in accordance with this Law, formulate rules for its implementation, which shall go into effect after being submitted to and approved by the State Council.

   Article 35. This Law shall go into effect on July 1, 1986.