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| Category | TECHNOLOGICAL CONTROL | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1990-04-06 | Effective Date | 1990-04-06 |
|
Regulations for the Implementation of the Standardization Law of the People's Republic of China |
|---|
Article 1 These Regulations are formulated in accordance with the
provisions of the Standardization Law of the People's Republic of China
(hereinafter referred to as the Standardization Law).
Article 2 Standards should be formulated for the following technical
requirements that need to be unified:
(1) varieties, specifications, quality and grades of industrial products
or requirements pertinent to safety and hygiene;
(2) methods for design, production, experimentation, examination, packing,
storage, transportation and utilization of industrial products or requirements
pertinent to safety and hygiene in the course of production, storage and
transportation;
(3) various technical requirements and methods for examination concerning
environmental protection;
(4) technical requirements and methods for surveying, designing,
construction and examination and acceptance in building projects;
(5) technical terms, symbols, codes, drafting methods and requirements
for conversion and coordination concerning industrial production, project
construction and environmental protection;
(6) varieties, specifications, quality, grades, examination, packing,
storage, transportation and requirements for production technology and
management expertise concerning agricultural products (including seeds,
seedlings, breeding stock and breeding poultry and those in forestry, animal
husbandry and fishery; the same below);
(7) technical requirements concerning information, energy, resources,
and transport.
Article 3 The State develops standardization undertakings in a planned
way. Standardization work should be included in the plans for national
economic and social development at the various levels.
Article 4 The State encourages the adoption of international standards Article 5 The task for those who are in charge of standardization work Article 6 The competent department in charge of standardization under (1) organizing the implementation of the State's laws, regulations, (2) organizing the formulation of programmes and plans concerning (3) organizing the formulation of national standards; (4) providing guidance to the relevant competent departments under the (5) organizing the implementation of standards; (6) conducting supervision over and inspection on the implementation of (7) exercising unified leadership over attestation of product quality (8) taking overall responsibility for professional contacts with the Article 7 The relevant competent departments under the State Council (1) implementing the State's laws, regulations, policies and measures (2) formulating programmes and plans concerning standardization work in (3) undertaking tasks assigned by the State of drafting state standards (4) providing guidance to the relevant competent authorities in the (5) organizing the implementation of the standards in their departments (6) conducting supervision over and inspection on the implementation of (7) taking charge of attestation of product quality in their own trades Article 8 The administrative departments for standardization in the (1) implementing the State's laws, regulations, policies and measures (2) formulating local programmes and plans concerning standardization (3) organizing the formulation of local standards; (4) providing guidance to the relevant administrative authorities in (5) organizing the implementation of the standards in their respective (6) conducting supervision over and inspection on the implementation of Article 9 The relevant competent administrative authorities in the (1) implementing the laws, regulations, policies and measures concerning (2) formulating programmes and plans concerning standardization work (3) undertaking the tasks of drafting local standards assigned by the (4) organizing the implementation of the standards in their own (5) conducting supervision over and inspection on the implementation Article 10 The division of the duties of the administrative departments Article 11 National standards (including making sample standards) (1) requirements for standardizing commonly used technical terms; (2) technical requirements for guaranteeing human health and personal (3) technical requirements for essential raw materials, fuels and (4) technical requirements for commonly used basic spare parts; (5) commonly used methods of experimentation and examination; (6) technical requirements for commonly used management expertise; (7) important technical requirements in project construction; (8) technical requirements for the other important products that must Article 12 In formulating national standards, the administrative In formulating national standards for project construction, Where there are, in law, provisions different from those above for the Article 13 If there are no national standards for those technical Article 14 In formulating trade standards, the relevant competent Trade standards shall be null and void automatically after the Article 15 Local standards may be formulated for the safety and Article 16 In formulating local standards, the administrative Where there are, in law, provisions different from those above for the Local standards shall be null and void automatically after the Article 17 In the absence of national standards, trade standards and Where there are already national standards, trade standards and local Article 18 National standards and trade standards are divided into The following standards belong in the compulsory category: (1) standards for pharmaceuticals, food hygiene and veterinary medicine; (2) safety and hgyiene standards for products and the production, (3) quality, safety and sanitation standards for project construction (4) standards for the discharge of pollutants concerning environmental (5) important technical terms, symbols, codes and drafting methods in (6) standards for commonly used methods of experimentation and examination; (7) standards for conversion and coordination; (8) quality standards for the important products which need to be Those standards which are not compulsory are recommendatory standards. The local standards for safety and hygiene requirements for industrial Article 19 Trade associations, research institutions for science and The departments responsible for formulating national, trade and local It is necessary to heed fully the opinions of the users and research Article 20 After standards go into effect, the departments which Article 21 The procedures of coding and numbering for national, trade The procedures of coding and numbering for enterprise standards shall be Article 22 The procedures of publication and distribution of standards Article 23 Any units and individuals that are engaged in scientific Article 24 Enterprises may go by the national, trade and local standards Article 25 The technical requirements for export products shall be When those export products which should be subject to compulsory standards Article 26 Enterprises should meet standardization requirements in Article 27 The administrative department in charge of standardization Article 28 The administrative department in charge of standardization The administration departments for standardization in the provinces, The administrative departments for standardization and the relevant Article 29 The administrative departments in charge of standardization The establishment of state examination agencies shall be planned and Article 30 The relevant administrative departments under the State Article 31 State organs, social organizations, enterprises, institutions Article 32 Those who violates the Standardization Law and the relevant (1) enterprises fail to formulate standards as the basis for organizing (2) enterprises fail to report standards for products to higher (3) enterprises fail to put marks on their products according to the (4) enterprises fail to meet standardization requirements in developing (5) provisions concerning relevant compulsory standards are violated Article 33 Enterprises that produce products which fail to meet Those who sell goods which are not up to the compulsory standards should If any units import goods which are not up to compulsory standards, the The order to stop production and the administrative sanctions provided Article 34 Where units cause serious consequences and commit crimes by Article 35 Where products which have obtained attestation certificates Article 36 If any units sell their goods with attestation marks when the Article 37 Litigants that disagree with penalties of confiscation of Article 38 The penalties provided for in Articles 32 to 36 of these Article 39 Persons in charge of supervision, examination and (1) making errors that cause damage in violation of certain provisions (2) forging and tampering with examination data; (3) engaging in self-seeking misconduct, abusing power and asking for Article 40 All the revenue derived from confiscation and pecuniary Article 41 Regulations concerning standardization administration Article 42 Regulations concerning standardization administration for Article 43 These Regulations shall be interpreted by the State Bureau Article 44 These Regulations shall go into effect as of the date of
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and advanced standards abroad and takes an active part in the formulation
of international standards.
Chapter II Administration of Standardization Work
is: formulating standards, organizing the implementation of standards and
exercising supervision over the implementation of standards.
the State Council exercises unified leadership over the standardization work
throughout the country, and it performs the following duties:
policies and measures concerning standardization;
standardization work in the whole country;
State Council and administrative departments for standardization work in the
people's governments in the provinces, autonomous regions and the
municipalities directly under the Central Government in their standardization
work, and coordinating work in this field and dealing with problems arising
therein;
standards;
in the whole country;
relevant international standardization organizations.
are responsible for the standardization work in their own departments or
trades. They shall perform the following duties:
concerning standardization work and formulating specific procedures for their
implementation in their departments and trades;
their departments and trades;
and organizing the formulation of the standards in their respective trades;
provinces, autonomous regions and municipalities directly under the Central
Government in their standardization work;
and trades;
standards;
on the authorization from the competent department in charge of
standardization under the State Council.
people's governments in the provinces, autonomous regions and municipalities
directly under the Central Government exercise unified leadership over
standardization work in their respective administrative regions, and shall
perform the following duties:
concerning standardization work and formulating specific procedures for their
implementation in their respective administrative regions;
work;
their own administrative regions in their standardization work, and
coordinating work in this field and dealing with problems arising therein;
administrative regions;
the standards.
provinces, autonomous regions and municipalities directly under the Central
Government are responsible for the standardization work in their own
departments and trades in the respective administrative regions, and shall
perform the following duties:
standarization work formulated by the State and their respective departments,
trades and administrative regions and formulating specific procedures for
their implementation;
for their own departments and trades in the respective administrative regions;
people's governments in the provinces, autonomous regions and municipalities
directly under the Central Government;
departments and trades in the respective administrative regions;
of the standards.
in charge of standardization and the relevant competent administrative
authorities in municipalities and counties shall be stipulated by the
people's governments in the provinces, autonomous regions and municipalities
directly under the Central Government.
Chapter III The Formulation of Standards
should be formulated for the following technical requirements that need to be
unified throughout the country:
and property safety;
processed materials;
be controlled by the State.
department in charge of standardization under the State Council shall be
responsible for making plans, organizing drafting, examination and approval,
numbering and promulgation.
pharmaceuticals, food hygiene, veterinary medicine and environmental
protection, the competent departments in charge of project construction,
public health, agriculture and environmental protection under the State
Council shall be responsible for organizing drafting and examination and
approval in their respective departments. The procedures for numbering and
promulgation shall be formulated by the administrative department in charge
of standardization under the State Council in conjunction with the relevant
competent departments under the State Council.
formulation of national standards, those provisions in law shall prevail.
requirements which need to be standardized for certain trades throughout
the country, trade standards (including the making of sample standards) may
be formulated. Items of trade standards to be formulated shall be determined
by the relevant competent administrative departments under the State Council.
administrative departments under the State Council shall be responsible for
drawing up plans, organizing drafting, examination and approval, numbering
and promulgation and they should report to the administrative department in
charge of standardization under the State Council for the record.
corresponding national standards have taken effect.
sanitation requirements for industrial goods which need to be unified in the
provinces, autonomous regions and municipalities directly under the Central
Government, in the absence of national standards or trade standards for them.
Items of local standards to be formulated shall be determined by the
administrative departments for standardization of the people's governments
in the provinces, autonomous regions and municipalities directly under the
Central Government.
departments for standardization of the people's governments in the provinces,
autonomous regions and municipalities directly under the Central Government
shall be responsible for drawing up plans, organizing drafting, examination
and approval, numbering and promulgation, and they should report to the
administrative department in charge of standardization under the State
Council and the relevant competent departments under the Council for the
record.
formulation of local standards, those provisions in law shall prevail.
corresponding national standards or trade standards go into effect.
local standards for certain products, the enterprises producing such products
shall formulate their own standards as the basis for organizing production.
Enterprise standards shall be formulated by the relevant enterprises
themselves (procedures for formulating standards for agricultural enterprises
shall be provided for separately), and shall be filed for the record in
accordance with the provisions of the people's governments in the provinces,
autonomous regions and municipalities directly under the Central Government.
standards, enterprises should be encouraged to formulate enterprise standards
which are stricter than the corresponding national, trade or local standards
and apply them within their enterprises.
compulsory standards and recommendatory standards.
storage and transportation and utilization of products; standards for the
safety of labour and hygiene standards and safety standards for transportation;
and other standards for project construction that must be controlled by the
State;
protection and standards for environmental quality;
common use;
controlled by the State. The catalogue of the important products which need
to be controlled by the State shall be fixed by the administrative department
for standardization under the State Council in conjunction with the relevant
competent administrative departments under the State Council.
products formulated by the administrative departments in charge of
standardization of the people's governments in the provinces, autonomous
regions and municipalities directly under the Central Government are
compulsory standards in their respective administrative regions.
technology and academic organizations should be given a role to play in
formulating standards.
standards should set up standardization technical committees consisting of
expert from users, production units, trade associations, research institutions
for science and technology, academic organizations and the departments
concerned, which shall be responsible for drafting standards and examining
the technical aspects of the drafts. Where standardization technical
committees have not been set up, the units charged with specific responsibility
for standardization technology may take charge of drafting standards and
examining the technical aspects of the drafts.
institution for science and technology in formulating enterprise standards.
formulated the standards shall carry out timely re-examinations in light of
the development of science and technology and the needs of economic
construction. Normally, reexamination should be conducted every five years,
at the longest.
and local standards shall be provided for by the administrative department in
charge of standardization under the State Council.
provided for by the administrative department in charge of standardization
under the State Council in conjunction with the relevant competent
administrative departments under the State Council.
shall be stipulated by the departments which have formulated the standards.
Chapter IV Implementation and Supervision Concerning Standards
research, production and operation must strictly implement compulsory
standards. The products which do not measure up to compulsory standards may
not be allowed to be produced, marketed or imported.
or enterprise standards in production. The codes, serial numbers and names
of the standards should be marked on their products, or written in the
technical manuals or on the packages.
agreed upon by the two contracting parties.
of China are sold at domestic markets, they must meet the requirements of
the relevant compulsory standards.
developing new products, improving products or carrying out technical
innovations.
under the State Council organizes or authorizes the relevant competent
departments under the State Council to set up trade attestation agencies for
carrying out product quality attestation.
under the State Council shall be responsible for the supervision over the
implementation of standards throughout the country. The relevant administrative
departments under the State Council shall be responsible for the supervision
over the implementation of the standards in their respective departments
and trades.
autonomous regions and municipalities directly under the Central Government
shall be responsible for the supervision over the implementation of the
standards in their respective administrative areas. The relevant administrative
authorities in the people's governments in the provinces, autonomous regions
and municipalities directly under the Central Government shall be responsible
for the supervision over the implementation of the standards in their
departments and trades in the respective administrative areas.
administrative authorities in municipalities and counties shall be responsible
for the supervision over the implementation of the standards in their
respective administrative areas according to the duties assigned to them by
the people's governments of the provinces, autonomous regions and
municipalities directly under the Central Government.
in the people's governments above county level may, according to their needs,
set up examination agencies or authorize the examination agencies of other
units to ensure products are up to the standards and undertake other tasks of
supervision and examination concerning the implementation of standards in
setting up examination agencies, attention should be paid to a rational
geographical allocation and making full use of the available personnel and
facilities.
examined by the administrative department in charge of standardization under
the State Council in conjunction with the relevant administrative departments
under the State Council. The establishment of local examination agencies shall
be planned and examined by the administrative departments in charge of
standardization in the people's governments of the provinces, autonomous
regions and municipalities directly under the Central Government in conjunction
with the relevant administrative authorities at provincial level. The data
provided by the examination agencies stipulated in this Article shall be taken
as the criterion in solving disputes over whether certain products are up to
the relevant standards.
Council may, according to the needs and relevant stipulations of the State,
set up examination agencies to undertake the examination tasks in their
trades and departments.
and citizens all have the right to inform against and expose acts of
violating compulsory standards.
Chapter V Legal Liability
provisions of these Regulations in one of the following circumstances shall
be ordered to correct their mistakes within a set time-limit by the
administrative departments in charge of standardization or the relevant
administrative authorities within their respective competence, which may also
circulate notices of criticism or give administrative sanctions to the
persons held responsible for the violations:
production according to the relevant stipulations;
authorities for the record according to the relevant stipulations;
relevant stipulations or put marks other than their own on their products;
new products, improving products and carrying out technical innovations;
in scientific research, designing and production.
compulsory standards shall be ordered to stop production and their products
shall be confiscated, destroyed under supervision or subjected to necessary
technical treatment. A fine ranging from 20% to 50% of the total value of the
goods shall be imposed on the enterprises and a fine of 5,000 yuan or less on
the persons held responsible.
be ordered to stop their sales and recover the goods which have already been
sold within a set time-limit. All the goods should be destroyed under
supervision or subjected to necessary technical treatment. The illegal gains
shall be confiscated and a fine ranging from 10% to 20% of the total value of
the goods shall be imposed on the units and a fine of 5,000 yuan or less on
the persons held responsible.
goods should be sealed up for safekeeping and confiscated, destroyed under
supervision or subjected to necessary technical treatment. A fine ranging
from 20% to 50% of the total value of the imported goods shall be imposed on
the units; administrative sanctions shall be given to and a fine of 5,000
yuan or less may also be imposed on the persons held responsible.
for in this Article shall be decided by the relevant administrative
authorities. Other administrative sanctions shall be decided by the
administrative departments for standardization and the administrative
departments in charge of industry and commerce within their competence.
producing, marketing and importing products which fall short of the compulsory
standards, the persians directly responsible shall be investigated for
criminal liabilities by the judicial organs according to law.
and are sold with attestation marks are not up to the attestation standards,
the administrative departments in charge of standardization shall order the
relevant units to stop their sales and impose a fine twice the amount of the
illegal gains or less. In more serious cases, the attestation departments
shall revoke their attestation certificates.
goods have not been attested or have been rejected in attestation, the
administrative departments in charge of standardization shall order them to
stop their sales and impose a fine three times the amount of the illegal gains
or less on these units and a fine of 5,000 yuan or less on the persons in
charge of these units.
goods and illegal gains and fines, may, within 15 days of receipt of
notification of such penalties, apply for reconsideration to the organs
immediately superior to the authorities which have meted out the penalties.
A litigant that disagrees with a reconsideration decision, may, within 15
days of receipt of the reconsideration decision, file a suit with a people's
court. A litigant may also directly file a suit with a people's court within
15 days of receipt of notification of the penalties. If a litigant neither
applies for a reconsideration nor files a suit with a people's court nor
performs the penalty decision, the department which has made the decision
shall apply to the people's court for mandatory enforcement.
Regulations shall not exempt the litigant from the damages liabilities
arising therefrom. Those who have suffered damages have the right to claim
compensation from the persons held responsible. Damages liabilities and
disputes over the amounts of compensation may be dealt with by the relevant
administrative authorities and the litigants may also directly file a suit
with a people's court.
administration of standardization work that commit one of the following acts
shall be given administrative sanctions by the relevant competent authorities;
if crimes result from those acts, they shall be investigated for criminal
liabilities by the judicial organs according to law:
of these Regulations;
and accepting bribes.
penalties shall be turned over to the state treasury. The fines imposed on
units must all be paid from their own funds and may not be included in the
cost. The fines imposed on the persons held responsible may not be reimbursed
with public money.
Chapter VI Supplementary Provisions
applicable in the Army shall be separately formulated by the State Council
and the Military Commission of the Central Committee of the Communist Party
of China.
project construction shall be separately formulated by the competent
department in charge of project construction under the State Council in
accordance with the Standardization Law and the relevant provisions of these
Regulations. They shall go into effect after the approval by the State
Council.
of Technology Supervision.
promulgation.
URL: http://www.asianlii.org/cn/legis/cen/laws/rftiotsl590