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| Category | TECHNOLOGICAL CONTROL | Organ of Promulgation | The Standing Committee of the National People's Congress | Status of Effect | In Force |
| Date of Promulgation | 1993-02-22 | Effective Date | 1993-09-01 |
|
Law of the People's Republic of China on Product Quality |
|---|
Chapter I General Provisions
Chapter II Supervision and Control over Product Quality
Chapter III Liability and Obligation of Producers and Sellers
Concerning Product Quality
Section 1 Liability and Obligation of Producers Concerning
Product Quality
Section 2 Liability and Obligation of Sellers Concerning
Product Quality
Chapter IV Compensation for Damage
Chapter V Penalty Provisions
Chapter VI Supplementary Provisions Article 1 This Law is enacted to strengthen the supervision Article 2 Anyone who corducts activities of production and "Product" referred to in this Law means a product which is This Law shall not apply to construction projects. Article 3 Producers and sellers shall be liable for product Article 4 It is prohibited to forge or falsely use Article 5 The State shall encourage the popularization of scientific methods in product quality control and the adoption of advanced
science and technology. The State shall encourage Article 6 The department in charge of supervision and control The administrative departments responsible for supervision Article 7 The quality of a product shall be inspected and Article 8 Industrial products constituting possible threats to Article 9 The State shall, in compliance with the The State shall practise a product quality attestation system Article 10 The State shall, with respect to product quality, Products may be inspected if the supervision and random Article 11 Product testing and inspection institutions must Article 12 Users and consumers shall have the right to make Article 13 Social organizations responsible for the protection Section 1 Liability and Obligation of Producers Article 14 Producers shall be liable for the quality of the The products shall meet the following quality requirements: (1) being free from unreasonable dangers threatening the (2) possessing the properties and functions that they ought to (3) conforming to the product standards marked on the products Article 15 All marks on the products or the packages thereof shall meet the following requirements: (1) with certificate showing that the product has passed (2) with name of the product, name and address of the factory (3) with corresponding indications regarding the (4) with production date, safe-use period or date of invalidity if the product is to be used within a time
limit; (5) with warning marks or warning statements in Chinese for Food products without package and other non-packed products Article 16 The packages of poisonous, dangerous or fragile Article 17 No producer may produce any product that has been Article 18 No producer may forge the origin of a product, nor Article 19 No producer may forge or falsely use another Article 20 In producing products, producers may not mix Section 2 Liability and Obligation of Sellers Article 21 A seller shall practise a check-for-acceptance Article 22 A seller shall adopt measures to keep the products Article 23 A seller may not sell invalid or deteriorated Article 24 The marks of a seller's products shall conform to Article 25 A seller may not forge the origin of a product, Article 26 A seller may not forge or falsely use another Article 27 In selling products, sellers may not mix impurities Article 28 A seller shall be responsible for repair, or change (1) not having the functions it ought to have, and no prior (2) not conforming to the product standards marked on the (3) not conforming to the state of quality indicated by way of product directions or sample, etc. After repair, change, refund or compensation has been made Where a seller fails to make repair, change, refund or Where contracts for purchase and sale of products or for processing Article 29 A producer shall be liable for compensation if his A producer shall not be liable for compensation if he can (1) The product has not been put in circulation; (2) The defect causing the damage did not exist at the time (3) The science and technology at the time the product was put Article 30 Where damage to human life or another person's Where the seller can identify neither the producer of the Article 31 Where a defective product causes damage to human Article 32 Where bodily injury is caused by a product due to Where damage is caused to the property of the infringed is Article 33 The limitation period for bringing an action for The right to claim for damages from defective products shall Article 34 "Defect" referred to in this Law means the Article 35 Where a civil dispute concerning product quality Article 36 The arbitration organization or the people's court Article 37 Where products produced do not comply with the Where products sold do not comply with the relevant national Article 38 Where a producer or a seller mixes impurities or Article 39 Where a product which has been officially Article 40 Where invalid or deteriorated products are sold, Article 41 Where a producer or a seller forges the origin of a product or falsely uses another producer's name and address, or Article 42 Where anyone sells or purchases products mentioned Article 43 Where the marks of a product do not comply with the Article 44 Whoever forges inspection data or inspection Article 45 An administrative sanction in the form of revocation of business licence provided for in this Law shall be Article 46 If a party is not satisfied with the decision on The authorities responsible for reconsideration shall make a If the party concerned does not apply for reconsideration, nor Article 47 Any State functionary engaged in the work of supervision and control over product quality, who abuses power, Article 48 Any State functionary who clearly knows that an Article 49 Whoever obstructs, by means of violence or Article 50 Measures for supervision and control over quality Article 51 This Law shall come into force as of September 1,
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Chapter I General Provisions
and control over product quality, to define the liability for
product quality, to protect the legitimate rights and interests of users and consumers and to safeguard the socio-economic order.
sale of any product within the territory of the People's Republic
of China must abide by this Law.
processed or manufactured for the purpose of sale.
quality in accordance with this Law.
authentication marks, famous-and-excellent-product marks or other
product quality marks; it is prohibited to forge the origin of a
product, to forge or use the name and address of a factory of another producer; and it is prohibited to mix impurities or
imitations into products that are produced or sold, or pass a fake
product off as a genuine one, or pass a defective product off as a
high-quality one.
enterprises to make their product quality meet and even surpass
their respective trade standards, the national and international
standards. Units and individuals that have made outstanding
achievements in ensuring advanced product quality control and in
raising product quality to the advanced international standards
shall be awarded.
over product quality under the State Council shall be responsible
for nation-wide supervision and control over product quality. The
relevant departments under the State Council shall be responsible
for supervision and control over product quality within the scope
of their respective functions and responsibilities.
over product quality in the local people's governments at or above
the county level shall be in charge of supervision and control over
product quality within their administrative regions. The relevant
departments in the local people's governments at or above the
county level shall be in charge of supervision and control over
product quality within the scope of their respective functions and
responsibilities.
Chapter II Supervision and Control over Product Quality
proved to be up to the standards. No sub-standard product shall be
passed off as a product up to the standards.
the health or safety of human life and property must be in
compliance with the national standards and trade standards
safeguarding the health or the safety of human life and property;
In the absence of such national standards or trade standards,
the product must meet the requirements for safeguarding the health
or safety of human life and property.
international quality control standards in general use, practise
a rule of authentication for enterprise quality An enterprise may
on voluntary basis apply to the department in charge of supervision
and control over product quality under the State Council or an
authentication agency approved by a department authorized by the
department in charge of supervision and control over product
quality under the State Council for authentication of enterprise
qualitysystem. With respect to the enterprise which has passed the
attestation, the authentication agency shall issue an
authentication certificate of enterprise quality system.
by taking reference to the internationally advanced product
standards and technical requirements. An enterprise may on
voluntary basis apply to the department in charge of supervision
and control over product quality under the State Council or to an
authentication agency approved by a department authorized by the
department in charge of supervision and control over product
quality under the State Council for authentication of product
quality. With respect to the enterprise which has passed the
authentication, the attestation agency shall issue a product
quality authentication certificate and permit it to use the
product quality authentication marks on its products or the
packages thereof.
enforce a supervision and inspection system with random checking as
its main form. Products constituting possible threats to the health
or safety of human life and property, important industrial products
which have a bearing on the national economy and the people's
livelihood, and products with quality problems as reported by
users, consumers or relevant organizations shall be subjected to
random checking. Such supervision and random checking shall be
planned and organized by the department in charge of supervision
and control over product quality under the State Council. The
administrative departments responsible for supervision over product
quality of the local people's governments at or above the county
level may also organize supervision and random checking within
their respective administrative regions. However, overlapping
random checking shall be avoided. The results of random checking of product quality shall be made public. Where the law provides
otherwise with respect to the supervision over and inspection of product quality, the provisions of such law shall apply.
checking of such products so require, but no fees shall be charged
for such purposes from the enterprises concerned. Expenses thus
incurred shall be disbursed in accordance with the relevant
regulations of the State Council.
have appropriate testing facilities and capabilities, and shall
undertake the work of testing and inspection of product quality
only after being appraised and endorsed by a department in charge
of supervision and control over product quality under the people's
government at or above the provincial level or an organization
authorized by the department. Where the laws, administrative rules
and regulations provide otherwise with respect to the institutions
for testing and inspection of product quality, the provisions of such laws, rules and regulations shall apply.
inquiriesto the producers and sellers about the quality of their
products. Where a complaint is made to a department in charge of supervision and control over product quality or to an
administrative department for industry and commerce or to any other
department concerned, such department shall be responsible for
handling the case.
of the rights and interests of consumers may, with respect to
matters concerning product quality as reported by consumers,
suggest to the departments concerned that they handle the matters,
and may give support to consumers in bringing a suit to a people's
court with respect to the damage caused by quality problems of products.
Chapter III Liability and Obligation of Producers and Sellers
Concerning Product Quality
Concerning Product Quality
products they produce.
safety of human life and property, and conforming to the national
standards or trade standards safeguarding the health or safety of human life and property where there are such standards;
possess, except for those with directions stating their functional
defects;
or the packages thereof, and to the state of quality indicated by
way of product directions, samples, etc.
quality inspection;
that produced the product, all being marked in Chinese;
specifications, grade of the product, the main ingredients and
their quantities contained in the product, where such particulars
are to be indicated according to the special nature and
instructions for use of the product;
products which, if improperly used, may cause damage to the
products perse, or may endanger the safety of human life or
property.
which are difficult to be marked because of their special nature
may dispense with product marks.
products, or products that should be kept upright during storage
and transportation, or other products with special requirements
must meet the corresponding requirements and carry warning marks or
warning statements in Chinese indicating directions for storage
and transportation.
officially eliminated by the State.
forge or falsely use another producer's name and address.
producer's authentication marks, famous-and-excellent-product marks
or other product quality marks.
impurities or imitations into the products, nor substitute a fake
product for a genuine one, a defective product for a high-quality
one, nor pass a substandard product off as a good-quality one.
Concerning Product Quality
system while replenishing his stock, and examine the quality
certificates and other marks.
for sale in good quality.
products.
the provisions of Article 15 of this Law.
nor forge or falsely use another producer's name and address.
producer's authentication marks, famous-and-excellent-product marks
or other product quality marks.
or imitations into the products, nor substitute a fake product for
a genuine one, a defective product for a high-quality one, nor pass
a substandard product off as a good-quality one.
Chapter IV Compensation for Damage
of the product, or for refund of a product if the it is sold under
any of the following circumstances, and, where the product has
caused any loss on users or consumers, the seller shall compensate
for such loss:
explanation thereabout being given by the seller;
product or its package;
according to the provisions of the preceding paragraph, if the
liability is attributed to the producer or to another seller who
had supplied the product (hereinafter referred to as supplier), the
seller shall have the right to recover his losses from the producer
or the supplier.
compensation in accordance with the provisions in the first
paragraph, the department in charge of supervision over product
quality or the administrative department for industry and commerce
shall order the seller to make rectification.
concluded between producers or sellers or between producers and sellers
provide otherwise, the parties concerned shall act in accordance
with the provisions of the contracts.
defective product causes damage to human life or property other
than the defective product itself (hereinafter referred to as
another person's property).
prove the existence of any of the following circumstances:
when the product was put in circulation;
in circulation was at a level incapable of detecting the defect.
property is due to a product's defect caused by the fault of a
seller, the seller shall be liable for compensation.
defective product nor the supplier thereof, the seller shall be
liable for compensation.
life or another person's property, the victim may claim
compensation from the producer and may also claim compensation from
the seller of such product. Where the liability falls on the
producer, but the seller has made the compensation, the seller
shall have the right to recover the loss from the producer. Where
the liability falls on the seller, but the producer has made the
compensation, the producer shall have the right to recover the loss
from the seller.
its defect, the infringer shall compensate for the medical expenses
of the infringed, the decreased earnings due to the loss of his
working time as well as the subsistence allowance if the infringed
is disabled; where such defect causes death of the infringed, the
infringer shall also pay the funernal expenses, the pension for the
family of the deceased and the living expenses necessary for any
other person(s) supported by the decased before his death.
caused due to the defect of a product, the infringer shall restore
the damaged property to its original state, or pay compensation at
the market price. Where the infringed suffers any other serious
losses, the infringer shall also compensate for such losses.
damages arising from the defect of a product is two years, counting
from the day when the party concerned knew or should have known the
infringement of his rights and interests.
be forfeited upon completion of ten years from the day when the
defective product causing the damage is delivered to the first user
or consumer, except that the clearly stated safe-use period has not
expired.
unreasonable danger existing in a product which endangers the
safety of human life or another person's property; where there are
national or trade standards safeguarding the health or safety of human life and property, "defect" means inconformity to such
standards.
arises, the parties concerned may seek a settlement through
negotiation or mediation. If the parties are unwilling to resort to
negotiation or mediation, or negotiation or mediation provies to be
unsuccessful, they may apply to an arbitration organization for
arbitration as agreed upon between the parties; if the parties fail
to reach an arbitration agreement, they may bring a suit before a
people's court.
may entrust an organization in charge of product quality inspection
specified in Article 11 of this Law with product quality
inspection.
Chapter V Penalty Provisions
relevant national or trade standards safeguarding the health or
safety of human life and property, the producer shall be ordered
to stop the production, the products and earnings illegally
produced and made shall be confiscated. And, a fine from twice to
five times the amount of the unlawful earnings shall be imposed
concurrently, and the business licence may be revoked; if the act
constitutes a crime, the offender shall be investigated for
criminal responsibility according to law.
or trade standards safeguarding the health or safety of human life
and property, the seller shall be ordered to stop the sale. If a
seller intentionally sells products not complying with the relevant
national or trade standards safeguarding the health and safety of human life and property, the products for illegal sale and the
unlawful earnings thus made shall be confiscated. And, a fine from
twice to five times the unlawful earnings shall be imposed
concurrently, and the business licence may be revoked; if the act
constitutes a crime, the offender shall be investigated for
criminal responsibility according to law,.
imitations into a product, or passes a fake product off as a
genuine one, or passes a defective product off as a high-quality
one, or passes a substandard product off as a good-quality one, the
producer or seller shall be ordered to stop production or sale, the
unlawful earnings shall be confiscated. And, a fine from twice to
five times his unlawful earnings shall be imposed concurrently, and
the business licence may be revoked; if the act constitutes a
crime, the offender shall be investigated for criminal
responsibility according to law.
eliminated by the State is produced, the producer shall be ordered
to stop the production, the products and earnings illegally
produced and made shall be confiscated. And, a fine from twice to
five times the unlawful earnings shall be imposed concurrently, and
the business licence may be revoked.
the seller shall be ordered to stop the sale, the products for
illegal sale and the unlawful earnings shall be confiscated. And,
a fine from twice to five times the unlawful earnings shall be
imposed concurrently, and the business licence may be revoled; if
the act constitutes a crime, the offender shall be investigated for
criminal responsibility according to law.
forges or falsely uses authentication marks,
famous-and-excellent-product marks or other product quality marks,
the producer or seller shall be ordered to make public
rectification, and the unlawful earnings shall be confiscated; a
fine may be imposed concurrently.
in Articles 37 to 40 of this Law by offering or accepting bribes or
other unlawful means and if the act constitutes a crime, the
offender shall be investigated for criminal responsibility
according to law.
provisions of Article 15 of this Law, the producer or seller
concerned shall be ordered to make rectification; where the marks
of the packed products do not comply with the provisions of item
(4) or (5) of Article 15 of this Law and if the case is serious,
the producer or seller concerned may be ordered to stop production
or sale. And, a fine from 15% to 20% of the unlawful earnings may
be imposed concurrently.
conclusion of a product shall be ordered to make rectification, and
a fine from twice to three times the inspection fee may be imposed.
If the circumstance is serious, the business licence shall be
revoked; where the act constitutes a crime, the person held
directly responsible shall be investigated for criminal
responsibility by applying mutatis mutandis the provisions of Article 167 of the Criminal Law.
decided by the administrative department for industry and commerce,
while other administrative sanctions shall be decided by the
department responsible for supervision over product quality or the
administrative department for industry and commerce according to
the functions and powers prescribed by the State Council. Where the
laws or administrative regulations provide otherwise as to the
authorities exercising the power of administrative sanctions, the
relevent provisions of such laws and administrative regulations
shall apply.
administrative sanction, it may, within 15 days of the receipt of the sanction notice, apply for reconsideration to the authorities
at the next higher level to the authorities that have made the
decision on sanction; the party may also bring a suit in a people's
court directly within 15 days of the receipt of the sanction
notice.
reconsideration decision within 60 days of the receipt of the
application for reconsideration. If a party concerned is not
satisfied with the reconsideration decision, it may bring a suit in
a people's court within 15 days of the receipt of such decision. If
no decision has been made by the authorities responsible for
reconsideration upon the expiry of the time limit, the party
concerned may bring an action in a people's court within 15 days of the expiry of the time limit for reconsideration.
bring a suit in a people's court upon the expiry of the time limit,
nor carry out the decision on sanction, the authorities that have
made the decision on sanction may apply to the people's court for
compulsory enforcement.
neglects duty, engages in malpractice for private benifit, shall
be investigated for criminal responsibility if his act constitutes
a crime; if his act does not constitute a crime, he shall be
subjected to administrative sanction.
enterprise, institution or individual has committed criminal
actions in violation of this Law, and takes advantage of his
position to protect the offenders intentionally from prosecution,
shall be investigated for criminal responsibility according to law.
intimidation, State functionaries engaged in the work of supervision and control over product quality from carrying out
their duties according to law shall be investigated for criminal
resposibility in accordance with the provisions of Article 157 of the Criminal Law; whoever refuses or impedes, without resorting
to
violence or intimidation, State functionaries engaged in the work
of supervision and control over product quality to carry out their
duties shall be punished by the public security organs in
accordance with the relevant provisions of the Regulations on
Administrative Penalties for Public Security.
Chapter VI Supplementary Provisions
of military industrial products shall be formulated separately by
the State Council and the Central Military Commission.
1993.
URL: http://www.asianlii.org/cn/legis/cen/laws/pq188