Administrative
Regulations of Shenzhen Special Economic Zone
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on
Product Quality
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(Originally
adopted at the Twenty-ninth meeting of the Standing Committee of
the First Shenzhen
Municipal People's Congress on March 30,
1995. As revised in accordance with the Decision on Revision of
the Administrative Regulations of Shenzhen Special Economic Zone
on Product Quality of the Thirty-second
Meeting of the Standing
Committee of the Second Shenzhen Municipal People's Congress on
May 6,
1999.) |
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Chapter ¢ñ
General Provisions
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Article
1
In order to strengthen the supervision and control of product
quality in Shenzhen Special Economic
Zone (hereinafter referred
to as the "Special Zone"), protect the legitimate
rights and
interests of users and consumers, maintain the social
and economic order, these regulations are formulated in
accordance with the Law of the People' Republic of China on
Product Quality and the Law of the People's
Republic of China on
Standardization, as well as the actual circumstances of the
Special Zone. |
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Article
2
These regulations shall be applicable to the manufacture and
sale of products in the Special Zone,
as well as the supervision
and control over the drawing up and implementation of product
standards. |
"Products"
in these regulations refer to tangible goods, which are
processed or manufactured
for the purpose of sale. |
These
regulations shall not be applicable to construction project, but
shall be applicable to construction
materials, decorative
materials and other products used for construction that can keep
their original
characters and use. |
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Article
3
The People's Government of Shenzhen Municipality (hereinafter
referred to as the "municipal
government") shall
encourage enterprise to popularize scientific methods in quality
control,
and adopt international or foreign advanced standard,
and draw up an enterprise standard stricter than the
international or foreign advanced standard. |
The
municipal government shall give award to the enterprises or
individuals that have made outstanding
achievements in ensuring
advanced product quality control and in raising product quality
to the
advanced international standards. |
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Article
4
The administrative department for technical supervision of the
municipal government is the competent
department for the
supervision and control of product quality in the Special Zone
(hereinafter
referred to as the "municipal competent
department"). The administrative department for technical
supervision of each district people's government (hereinafter
referred to as the "district competent
department") is
in charge of the supervision and control of product quality
within its administration
area under the direction of the
municipal competent department. |
Other
relevant functional departments of the municipal government and
district governments are in
charge of the supervision and
control of the quality of special product within the scope of
their
respective functions and duties. |
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Article
5
The user, consumer, news and media organization, or social
groups, such as the social organization
protecting consumer's
rights and interests and trade association, may exercise the
social supervision
over product quality. |
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Article
6 Any unit or individual has the rights to expose or complain
about the acts violating these regulations to the competent
department of government and judicial organization. |
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Chapter ¢ò
Product Standard and Quality Authentication Administration
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Article
7
The manufacturer of products shall draw up the enterprise
standard, or adopt national standard,
trade standard or local
standard as the basis for production and trade exchange. |
The
quality requirement of export product shall be in accordance
with the agreed terms in the contract. |
The
municipal and district competent departments shall provide
information and technical service
for enterprise to draw up a
standard or adopt international or foreign advanced standard. |
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Article
8 In case that there is no national or trade standards for the
manufacture of products which constitutes possible threats
to
the health or safety of human life and property, the municipal
government shall draw up such
standard of safety and technique
under international standard, which shall be uniformly carried
out in the Special Zone. |
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Article
9
The Manufacturer shall submit the enterprise standard of product
to the municipal competent department
and other relevant
administrative departments for record within 30 days upon the
issuance of the
standard. |
If
the enterprise revises the product standard, it shall submit the
new standard to the municipal
competent department and other
relevant administrative departments for record again within 30
days
upon the revision. |
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Article
10
The municipal competent department shall practice rules of
authentication for enterprise quality
system and a product
quality authentication system according to national laws and
regulations under
the reference of the international customs and
foreign advanced standards. |
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Article
11
The authentication institution of the authentication of
enterprise quality system and product quality
shall submit the
name of attested enterprise, authentication scope,
authentication period and result
to the municipal competent
department for record. |
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Article
12
The quality appraisal and recommendation of product shall follow
the principles of objectivity,
justice and transparency. The
concrete administrative rules of the quality appraisal and
recommendation
of product shall be otherwise enacted by the
municipal government. |
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Chapter ¢ó
Supervision and Examination of Product Quality
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Article
13
The municipal and district competent department shall supervise
and examine product quality and
deal with malfeasance according
to the provisions of laws and regulations. |
The
supervision and examination of product quality may take forms of
random inspection, regular
inspection, or daily inspection. |
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Article
14
The municipal and district competent departments shall not
charge for the supervision and random
inspection of the product,
and the needed expenses shall be listed into the municipal and
district
financial budget. |
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Article
15
The municipal and district competent departments may exercise
the following functions and powers
when supervising and
examining product quality: |
(1)
to order the inspected party to provide the inspection report or
qualification certification
of the product; |
(2)
to take random inspection directly, in case that the inspected
party fails to provide the inspection
report or qualification
certification, or the inspection report or qualification
certification is
not in accordance with the product obviously; |
(3)
to inquire the inspected party, interested party and
authenticator, and require them to provide
evidential and
relevant materials; |
(4)
to inquire about and duplicate the agreement, account book, bill
of document, file, record,
electronic letter of business and
relevant materials relating to malfeasance; |
(5)
to order the inspected party to suspend manufacture and sale,
provide the quantity and conditions
about the manufactured, sold
and stocked products upon the discovery of malfeasance committed
by
the inspected party. |
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Article
16
The following products manufactured in the Special Zone shall be
listed into the catalogue of products
to be inspected and be
inspected regularly or randomly by the municipal or district
competent department
according to relevant provisions: |
(1)
the product relating with human health, personal or property
safety; |
(2)
the product listed in the product catalogue of production
license; |
(3)
other products claimed to have important quality problems by the
consumer or relevant organizations. |
The
catalogue of products to be inspected shall be made and issued
for implementation by the municipal
competent department
together with other relevant administrative competent
departments. |
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Article
17
The municipal and district competent department may conduct
daily supervision and inspection over
the quality of the
products manufactured or sold in the Special Zone, according to
the quality
conditions of products in the fields of production
and circulation in the Special Zone, or the conditions reported
or complained by the consumer or relevant organizations. |
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Article
18
When the municipal or district competent departments supervise
and inspect the product, it may
entrust the inspection
institution of product quality to inspect. The manufacturer and
seller of
the inspected product shall not refuse the inspection. |
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Article
19
The bases of the inspection of product quality are the
followings: |
(1)
laws, regulations or rules; |
(2) the national or trade standard issued to safeguard
human health and personal or property security. The product
without national and industrial standard to measure up shall
satisfy the requirements of human
health and personal or
property security; |
(3)
the quality index or conditions explicitly reflected by the
description of product, contract,
sample or other means. |
The
inspection institution of product quality shall issue an
inspection report of the inspected
product and be responsible
for the inspection outcome. |
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Article
20
The products inspected to be qualified shall not be inspected
repeatedly in the same inspection
period. The inspected
enterprise has the right to refuse repeated inspection except
that the competent
department doubts the inspection outcome. |
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Article
21
The inspection institutions of product quality shall take the
obligation to keep the business secret
of the inspected product.
The inspection institution or inspection personnel, who reveals
the business
secret of the inspected parties, shall be punished
according to relevant provisions of the Law of People's Republic
of China on Anti-Unfair Competition. |
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Article
22
If the product is inspected to be qualified, the inspection fees
shall be exempted. If the product
is inspected to be
unqualified, the inspected party shall pay inspection fee in
double. |
For
the part of inspection fee requiring financial subsidy, the
municipal or district competent
department shall put forward a
budget plan and list it into the municipal or district financial
expenditure. |
The
sample of the product to be inspected shall be provided by the
inspected party freely. The inspection
institution of product
quality shall return the sample to the inspected party after
the inspection conclusion and the expiration of the
period for keeping the sample. |
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Article
23
The inspection institution of product quality shall submit the
inspection outcome within the time
limit provided by the
municipal or district competent department. |
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Article
24
The municipal or district competent department shall publicize
the inspection outcome of product
quality to the society and
inform the inspected party. |
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Article
25 The
system of providing products for inspection before sale shall be
practiced for selling products,
which constitutes possible
threats to the health or safety of human life and property, in
the Special
Zone. The inspection before sale shall not overlap
with any other legal inspection. |
The seller shall not sell the products until he provides
them to the municipal competent department for inspection
before
sale according to relevant provisions. |
The catalogue of products, which shall be provided for
inspection before sale, shall be drawn up by the municipal
competent department, and be publicized once a year. |
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Article
26
The municipal or district competent department may take coercive
measure of sealing up or detention
upon discovering any one of
the following circumstances in the product quality inspection: |
(1)
the product is explicitly prohibited to be manufactured or sold
by laws, regulations or rules; |
(2)
the product is the evidence of a case and is probable to be
lost; |
(3)
the product will cause damage to the society without being
sealed up. |
The
inspection conclusion of the product having been sealed up or
detained shall be made within
15 days. If the period of sealing
up or detainment needs to be extended because of the restriction
of inspection condition, the period may be extended to another
15 days under the approval of the person in charge
of the
municipal competent department. |
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Chapter ¢ô
Manufacturer and Seller's Obligation of Product Quality
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Article
27
The Manufacturer and seller shall strictly implement the laws,
regulations, rules and compulsory
standards on product quality,
carry out the strict inspection system of product quality, and
safeguard
the interests of the user and consumer. |
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Article
28
The marks of product quality, product description and product
made by the manufacture shall accord
with the relevant
provisions of the Law of the People's Republic of China on
Product Quality. |
The
product, product description and the package of product shall be
marked with standard serial
number or code of the product. |
The
product, assembled, processed or renewed with waste or old raw
materials or component, shall
be explicitly illustrated on the
product, package or description. |
Food
products without package and other non-packed products, which
are difficult to be marked because
of their nature, may dispense
with product marks,, unless the laws or regulations provide
otherwise. |
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Article
29
The seller shall examine the quality certification or other mark
of the product to be bought in
so as to safeguard the quality of
the products for sale. |
If
the seller is not sure about the quality conditions of purchased
products, he shall apply to
the inspection institution of
product quality for inspection. |
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Article
30
If a product doesn't accord with the quality provisions of
Article 28 of these regulations, and
doesn't endanger human
health, personal or property security, and has certain use
value, it shall
be indicated as the "substandard
product", "disposed product" or marked with other
descriptions illustrating the product quality at the
distinguished places of the product or its package
for sale. |
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Article
31
When selling durable consumer goods, the seller shall explicitly
illustrate a reasonable quality
assurance period, and guarantee
the reasonable using quality of the product within the
explicitly
illustrated period. If the quality assurance period
is not explicitly illustrated, it shall be presumed to be 5
years except that laws or regulations provide otherwise. |
The
catalogue of durable consumer goods shall be issued by the
municipal competent department. |
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Article
32
If the durable consumer product has quality problem during the
quality assurance period not for
the user's default, the seller
shall repair it for free. If the product can't be repaired or
can't
satisfy the reasonable requirement of use or safety
control after reparation, the seller shall replace it with a
product of the same kind; If there is no product of the same
kind, the seller shall refund the
total money paid and take back
the original product; If losses are caused to the consumer, the
seller shall compensate the losses. |
The
"substandard product" and "disposed product"
stipulated in Article 29 of
these regulations shall not apply
the preceding paragraph. |
If
the purchaser and seller have an agreement on the after-sale
service of the product, the agreement
shall be observed. |
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Chapter ¢õ
Legal Responsibilities
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Article
33
Anyone, who is involved in anyone of the following
circumstances, shall be ordered to rectify within
a prescribed
time limit; If he fails to rectify within the time limit, he
shall be fined more than
2,000 yuan but less than 20,000 yuan: |
(1)
the product has no enterprise standard to measure up; |
(2)
the enterprise standard doesn't accord with laws, regulations,
rules or compulsory standard; |
(3)
the manufacturer of product fails to put the enterprise standard
for record according to the
provisions of these regulations. |
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Article
34 The product, which is sold with certification mark while
doesn't accord with the certification standard, shall be
stopped
from sale. The seller of the product shall be confiscated
illegal gains and be fine more
than one time but less than 5
times of illegal turnover. If the circumstances are serious, the
seller may be revoked the certification mark and the
certificate. |
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Article
35
If the certification institution of the certification of
enterprise quality certification and the
product quality
certification fails to report the name of certificated
enterprise, the scope, period
and outcome of certification to
the municipal competent department for record, it shall be
ordered
to rectify within a prescribed time limit; If it fails
to rectify within the time limit, it shall be fined more
than
2,000 yuan but less than 20,000 yuan. |
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Article
36
The manufacturer or seller of the product, whose product quality
doesn't accord with compulsory
standard, shall be ordered to
stop manufacture or sale, be confiscated unqualified product and
illegal gains, and be fined more than one time but less than 5
times of illegal turnover; If the circumstances are
serious, he
shall be ordered to stop business for rectification or be
revoked the Business License;
If a crime is constituted,
the criminal responsibilities shall be investigated
according to law. |
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Article
37
Anyone, whose product quality doesn't accord the enterprise
standard or the product quality situation
illustrated in the
descriptions or advertisement of the product, shall be ordered
to be rectified
within a prescribed time limit, and shall not
sell the product until it is tested to be qualified after
rectification. |
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Article
38
Anyone, whose product identification doesn't accord with the
provisions of the second paragraph
of Article 28 of these
regulations, shall be ordered to rectify within a prescribed
time limit
and be fined more than 500 yuan but less than 5,000
yuan; If he fails to rectify t within the time limit, he shall
be confiscated the product whose identification doesn't accord
with the provisions and be fined
more than 15 percent but less
than 20 percent of illegal turnover. |
Anyone,
whose product identification doesn't accord with the provisions
of the third paragraph of
Article 28 of these regulations, shall
be ordered to rectify within a prescribed time limit and be
fined more than 2,000 yuan but less than 20,000 yuan; If he
fails to rectify within the time limit, he shall
be confiscated
the product whose identification doesn't accord with the
provisions and be fined
more than one time but less than five
times of illegal turnover. |
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Article
39
Any manufacturer or seller, who refuses the competent department
to supervise and inspect or refuses
the inspection institution
of product quality entrusted by the competent department to
inspect
without proper reason, shall be fined more than 2,000
yuan but less than 10,000 yuan. Any one, who unseals, transfers,
destroys or sells the sealed product with quality problem
arbitrarily, shall be fined more than
10,000 yuan but less than
20,000 yuan. If a crime is constituted, the criminal
responsibilities
shall be investigated according to law. |
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Article
40
Anyone, who sells the uninspected product that is listed in the
catalogue of products to be provided
for inspection before sale,
shall be ordered to stop sale and submit the product for
inspection
within a prescribed time limit, and be fined more
than one time but less than 5 times of the sum of sold products. |
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Article
41
Any product seller, who fails to perform the after-sale
obligation according to the provisions
of Article 32 of these
regulations, shall be ordered to rectify within a prescribed
time limit;
If he fail to rectify within the time limit, he
shall be fined more than 2,000 yuan but less than 20,000 yuan;
If the circumstances are serious, he may be ordered to stop
business for rectification. |
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Article
42
Any inspection institution of product quality, which produces
mistaken inspection data or mistaken
inspection conclusion,
shall be ordered to rectify and may be fined 10 times of
inspection fee;
If the circumstances are serious, it shall be
ordered to stop inspection and be revoked the inspection
qualification or Business Licenses. |
Any
inspection person, who produces mistaken inspection data or
conclusion due to intention or gross
negligence, shall be fined
more than 2,000 yuan but less than 10,000 yuan; If the
circumstances
are serious, he shall be revoked inspection
qualification; If his act constitutes a crime, he shall be
investigated for criminal responsibilities according to law. |
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Article
43
The administrative punishment of revoking Business License or
stopping business for rectification
stipulated in these
regulations shall be decided by the administrative department of
industry and
commerce. Other administrative punishment shall be
decided by the competent department. |
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Article
44
If a party does not agree with the administrative punishment
made by the district competent department,
he may apply to the
municipal competent department for review within 15 days form
receiving the
punishment notice; If a party does not agree with
the administrative punishment made by the municipal
administrative department, he may apply to the organization of
administrative review of the municipal people's
government for
review within 15 days from receiving the punishment notice. |
The
organizations of review shall make a review decision within 60
days from receiving the application
for review. If a party does
not agree with the review decision, he may file a lawsuit to the
people's
courts within 15 days from receiving the review
decision; If the organization of review fails to make review
decisions within the time limit, the party may file a law suit
to the people's court within 15 days
from the expiration of
review period. |
If
the party fails to apply for review within the time limit, and
refuses to execute the punishment
decision, the administrative
department making the punishment decision may apply to the
people's
court for coercive execution. |
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Article
45
Any government working staff, who engages in the supervision and
control of product quality abuses
his power, neglects his duty,
or play favoritism and commit irregularities, his unit or his
superior
competent department shall investigate for his
administrative responsibilities; If his act constitutes a crime,
he shall be investigated for criminal responsibilities by
judicial organ. |
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Chapter ¢ö
Supplementary Provisions
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Article
46
"Manufacturer" in these regulations refers to the
organization or individual who processes
or produces product, or
clearly indicates his designation or name on the product or the
package
of product. |
The
party supervising the manufacture of the product is deemed to be
the joint manufacturer. |
"Seller"
in these regulations refers to the organization or individual
selling the product,
including the organization or individual
who sells product by means of exclusive distribution, general
agency or sales by proxy. |
"Quality
assurance period" in these regulations refers to the period
when the party shall
take the responsibility of free reparation,
replacement or refund to the consumer from the date of sale. |
"Illegal
turnover" in these regulations refers to the total amount
of money paid for the
sold and not sold products, which violate
the provisions of laws or regulations and are operated by
manufacturer or seller. |
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Article
47
Quality control of product for export shall be executed
according to the provisions of relevant
laws of the State. |
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Article 48 These
regulations shall go into effect as of May 1,1995. |