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| Category | TECHNOLOGICAL CONTROL | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1991-05-07 | Effective Date | 1991-05-07 |
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Regulations of the People's Republic of China for the Administration of Product Quality Certification |
|---|
Article 1 These Regulations are formulated in order to ensure quality of
products, improve the credibility of products, safeguard the interests of the
users and consumers, facilitate international trade, and promote
international cooperation in quality certification.
Article 2 Product quality certification (hereinafter referred to as
certification) is an activity of a certification body, on the basis of
product standards and the relevant technical requirements and through its
confirmation and issuance of a certificate and certification mark, to certify
a product as in conformity with the relevant standards and technical
requirements.
Article 3 When a product has its national or sector standards to refer
to, an enterprise may apply for its certification to the sector certification
committee set up either by the competent department of the standardization
administration under the State Council or by other departments authorized by
the competent department.
Products subject to the provisions of the State laws, administrative
regulations, or rules formulated by the competent department of the
standardization administration under the State Council together with the
relevant administrative departments under the State Council that without
being certified they may not be marketed, imported or used, shall be treated
according to the State laws, administrative regulations or rules.
Article 4 Certification is classified as safety certification and
conformity certification.
Products under safety certification must conform to the requirements of
the relevant compulsory standards stipulated in the Standardization Law of
the People's Republic of China (hereinafter referred to as the
Standardization Law).
Products under conformity certification must conform to the requirements
of the national or sector standards provided for by the Standardization Law.
Article 5 The certified products shall, except for inspections subject
to the State laws and administrative regulations, be exempt from any other
inspection and enjoy such Stateprescribed preferential treatments as higher
price for higher quality or priority in recommendation for national excellent
quality appraisal.
Article 6 The competent department of the standardization administration Article 7 The functions of the competent department of the (1) formulating principles, policies, plans and programmes for (2) unifying or approving patterns of certification marks; (3) examining and approving the compositions and articles of association (4) examining and approving the certification testing bodies; (5) registering and administering certification inspectors; (6) examining and approving and issuing catalogues of products to be (7) publishing directories of certified products and their producers; (8) being responsible for conducting international activities in (9) coordinating and settling major issues in certification work; and (10) supervising the operation of certification work. Article 8 A certification committee shall be composed of experts from (1) proposing draft catalogues of products to be covered by certification; (2) formulating specific measures for the operation of certification; (3) ratifying national or sector standards for the certification purpose; (4) recommending testing bodies which shall undertake certification tasks; (5) accepting and handling applications for certification; (6) organizing the quality system audit of an enterprise applying for (7) approving certification, issuing certificates and filing it with the (8) settling the disputes involved in certification; (9) being responsible for supervisions and inspections of certified (10) revoking certificates according to law. Article 9 The competent departments of the standardization (1) investigating and dealing with products which do not conform to the (2) cooperating with the certification committees in supervising the (3) investigating and dealing with any other act concerning certification Article 10 Any Chinese or foreign enterprise may apply for certification. (1) its product meets the requirements of national or sector standards; (2) its product can be produced in normal serial production with stable (3) the quality system of the producing enterprise conforms to the Article 11 An enterprise shall apply for certification in accordance (1) A Chinese enterprise shall submit its written application to the (2) The certification committee shall inform the testing bodies to (3) The certification committee shall conduct quality system audit of the (4) The certification committee shall issue a certificate and give Product testing and quality system audit of a foreign enterprise may be Article 12 Enterprises which have obtained the certificates are subject Supervisions and inspections over the products and quality systems of the Article 13 When the standard applied to a certified product or the Article 14 Testing bodies shall be examined and accredited by the Article 15 Certification inspectors shall be trained and assessed, and Article 16 Testing bodies and inspectors undertaking certification tasks Article 17 Testing bodies and inspectors undertaking certification tasks Article 18 Any act concerning certification which violates laws, Article 19 Should a certified product being delivered and marketed with Should a product either uncertified or failing to pass the certification A fine not exceeding three times the amount of the illegal gains shall be Article 20 In either of the following cases, the certificate shall be (1) The quality of the certified product has deteriorated seriously, or (2) The supervision and inspection conclude that the certified product Article 21 Should a certified product fails to meet the certification Article 22 Anyone engaged in the certification management, testing and Article 23 If a party disagrees with a pecuniary penalty, an application Article 24 Certification fees shall be charged and collected from Article 25 Commodity inspection bodies may carry out quality Article 26 These Regulations do not apply to military products. Article 27 The competent department of the standardization Article 28 These Regulations shall come into force as of the date of
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under the State Council shall be in charge of the unified administration of
certification throughout the country. Sector certification committees set up
either directly by the competent department of the standardization
administration under the State Council or by other administrative departments
under the State Council with authorization of the competent department shall
be responsible for the actual operations of the certification work.
Chapter II Organization and Management
standardization administration under the State Council in the management of
the certification work are as follows:
certification;
of the certification committee;
covered by certification;
certification;
the relevant departments of production, marketing, utilization, scientific
research and quality supervision of products and its tasks are as follows:
certification;
competent department of the standardization administration under the State
Council;
products and their producers; and
administration of the local people's governments at or above the county level
shall exercise supervisions and inspections over certified products within
their administrative areas and their tasks are as follows:
standards applied to when being certified, or products bearing counterfeit
certification marks;
quality of certified products; and
which is against the laws, administrative regulations or rules formulated by
the competent department of the standardization administration under the
State Council together with the relevant administrative departments under the
State Council.
Chapter III Qualifications and Procedures
An applying enterprise shall have the following qualifications:
quality; and
national standards for quality control and quality assurance and to the
supplementary requirements thereof.
with the following procedures:
certification committee. A foreign enterprise or its sale agent shall submit
its written application to the competent department of the standardization
administration under the State Council or to the certification committee
designated by the competent department;
conduct testing of the product;
producing enterprise applying for certification; and
permission for the use of a certification mark to the product which is
qualified for certification.
carried out by foreign certification bodies on commission of certification
committees designated by the competent department of the standardization
administration under the State Council according to bilateral or
multilateral agreements.
to supervisions and inspections by the certification committees over their
products and quality systems.
foreign enterprises which have obtained the certificates may be carried out
by foreign certification bodies on commission according to bilateral or
multilateral agreements.
quality system of an enterprise has changed to such an extent that the
product is no longer up to the qualifications it had when it was certified,
the enterprise shall cease using the certification mark.
Chapter IV Testing Bodies and Inspectors
competent department of the standardization administration under the State
Council before they engage in certification testing.
registered by the competent department of the standardization administration
under the State Council before they carry out inspections over enterprises
applying for certification (including enterprises which have received
certificates).
shall perform their functions and obligations set by the competent department
of the standardization administration under the State Council and relevant
certification committees and be subject to their supervision and check-up.
shall be accountable for the test reports and inspection reports they
present, keep technical secrets of the certified products, and may not
illegally possess the scientific and technological achievements of others.
Chapter V Penalty Provisions
administrative regulations or rules jointly formulated by the competent
department of the standardization administration under the State Council and
the relevant administrative departments under the State Council shall be
subject to penalty in accordance with the provisions of laws, administrative
regulations or rules.
the certification mark fails to meet the standards applied to when being
certified, the competent department of the standardization administration
shall order cessation of its sales and impose a fine not exceeding twice
times the amount of the illegal gains.
be delivered and marketed with a certification mark, the competent department
of the standardization administration shall order cessation of its sales and
impose a fine not exceeding three times the amount of the illegal gains, and
a fine not exceeding 5,000 yuan (RMB) may be imposed on the person in charge
of the law-breaking unit.
imposed by the competent department of the standardization administration for
transfer of the certification mark, and a fine not exceeding 5,000 yuan (RMB)
may be imposed on the person in charge of the lawbreaking unit.
revoked by the certification committee which conferred it:
the quality system of the producing enterprise is no longer up to the
qualifications it had when being certified, which has caused losses and
damages to users or consumers.
does not conform to the standards, for which the producing enterprise is
responsible.
requirements but has been delivered and marketed, the producing enterprise
shall guarantee its repair, exchange and refund. The producing enterprise
shall be liable for compensation according to law when the product has caused
losses and damages to users or consumers.
inspection who transgresses law, neglects his duties or practises favouritism
and irregularities shall be subject to administrative sanctions by his
employing unit. When a crime is constituted, the offender's criminal
responsibilities shall be investigated by judicial authorities according to
law.
for reconsideration of the case may be lodged within 15 days on receipt of
the notification of the penalty with the administrative authorities at the
next higher level of the authorities which made the penalty decision. If a
party still disagrees with the decision of reconsideration, a suit may be
brought to the people's court within 15 days on receipt of the decision of
reconsideration. A party may also bring a suit to the people's court directly
within 15 days on receipt of the notification of the penalty. The authorities
which made the penalty decision shall apply to the people's court for
compulsory enforcement of the decision, in case a party fails both to apply
for reconsideration or initiate legal proceedings with a people's court and
to comply with the penalty decision within the specified period.
Chapter VI Supplementary Provisions
enterprises applying for certification according to the non-profit-making
principle. The specific measures for charging shall be laid down separately
by the competent department of the standardization administration under the
State Council together with the pricing authorities of the State Council.
certification work on import and export commodities according to agreements
signed between the national commodity inspection department and the relevant
foreign bodies or on commission of the relevant foreign bodies.
administration under the State Council shall be responsible for the
interpretation of these Regulations.
promulgation.
URL: http://www.asianlii.org/cn/legis/cen/laws/rftaopqc674