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Rules
of Shenzhen Special Economic Zone on the Supervision and Control
of Electrical Product Quality
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(Adopted
at the 102nd executive meeting of the Second Shenzhen
Municipal People's Government, promulgated by Decree No. 81 of
Shenzhen Municipal People'
s Government on Nov. 30, 1998)
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Article
1
In order to strengthen the supervision and administration on
electrical product quality, move the
hidden danger of accident,
make clear the responsibility for electrical product quality,
and protect
the lawful rights and interests of user and
consumer, these rules are formulated according to the law of the
People' s Republic of China on Product Quality (hereinafter
referred to as the Law of Product Quality)
and provisions of
relevant laws and regulations as well as the actual
circumstances of Special
Zone.
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Article
2
The "electrical product" mentioned in these rules refers to
the electric distributing box and
the product listed in the
national catalog of manufacture license administration, such as
low-voltage
electrical apparatus, electric wire or cable.
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Article
3
These rules shall be applicable to the manufacture, sale,
installation and use of electrical product
in the Special Zone.
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Article
4
The administrative department of technical supervision of the
Municipal People' s Government of
Shenzhen (hereinafter
referred to as the municipal competent department) is the
competent department
of electrical product quality in the
Special Zone.
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Each
administrative department of technical supervision of the
district people' s government, shall
be in charge of the
supervision and administration on electrical product quality
within its administrative
area under the direction of the
municipal competent department, and undertake other tasks
entrusted
by the municipal competent department.
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The
government' s administrative departments of construction,
labor, fire control of public security
and others shall assist
the municipal and district competent departments to carry out
the supervision
and administrative on electrical product quality
within their respective functions and duties.
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Article
5
The major functions and duties of municipal competent department
are the followings:
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(1)
to implement national laws, regulations, rules and technical
standards concerning electrical
products;
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(2)
to be in charge of drawing up the system and technical standards
of controlling electrical product
quality;
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(3)
to carry out quality supervision to the manufacture, sale and
use of electrical products;
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(4)
other functions and duties stipulated in laws and regulations.
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Article
6
The manufacturer shall not manufacture the low-voltage
electrical apparatus, electric wires or
cables, which are listed
in the national catalog of manufacture license administration,
until he
acquires the Manufacture License of electrical product
issued by the competent department of the State. The
manufacturer, who is able to manufacture qualified electrical
products, is applying for the Manufacture
License and has
acquired the accepting certification issued by relevant
municipal competent department,
is in exception. The applying
and acquiring procedures of Manufacture License shall comply
with relevant provisions of the State.
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The
manufacture or assembly of electric
distributing box shall accord with the compulsory standards of
the State.
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Article
7
The manufacturer shall be responsible for his product quality.
The quality and identification of
electrical products shall
accord with the provisions of the Law of the People' s Republic
of China
on Product Quality and relevant laws and regulations.
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Article
8
The manufacturer shall guarantee that his product has no
unreasonable dangers imperiling the safety
of person' s body or
property, and that his product' s safety performance under
stated using condition
will not cause any one of the following
dangers:
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(1)
danger of getting an electric shock because of surface contact;
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(2)
danger of fire or explosion because of overheating;
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(3)
danger because of inferior raw materials used in his product;
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(4)
other unreasonable dangers that shall not occur according to
relevant provisions of laws and
regulations.
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Article
9
The manufacturer shall strictly conduct the mode inspection of
electrical products. The product,
which hasn' t been proved to
accord with corresponding standards by mode inspection, shall
not
be put onto market.
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Article
10
The manufacturer shall strictly carry out the system of delivery
inspection. The unqualified product
shall not be delivered out
of the factory.
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Article
11
The seller shall carry out the system of check and acceptance to
the purchased electrical products,
and check the following
certificates when purchasing electrical products:
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(1)
the certification showing that the product has passed the
quality inspection.;
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(2)
the product' s external packing or operating instruction manual
in Chinese, which indicates
the name and address of the factory
in Chinese;
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(3)
the original Manufacture License, or the copy of Manufacture
License recognized with a seal
by its owning unit;
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(4)
the safety authentication mark of the electrical product, which
is under the system of safety
authentication mark by the state.
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Article
12
The seller shall not sell any counterfeit, inferior electrical
product or electrical product that
shall be eliminated according
to the explicit order of the State.
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Article
13
The construction control unit of a project shall carry out
inspection and control strictly according
to the national or
industrial standards of construction and installation of
electrical products.
When installing socket, earth leakage
circuit-breaker, circuit breaker, electric wire, electric cable,
switch or other products, the construction control unit shall
examine whether there
is an inspection report for the product showing that it has
passed the inspection, which is
issued by the quality inspection
institution recognized by the municipal competent department or
the competent department or above the provincial level.
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Article
14
The construction unit shall install electrical products
according to the project' s design plan
strictly in the process
of construction. The construction unit is prohibited to use
unqualified
electrical products.
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Article
15
The municipal or district competent department shall strengthen
the quality supervision and administration
of electrical
products, carry out regular supervision and random inspection of
the quality of electrical
products and publicize the result of
random inspection. The electrical product, which doesn' t pass
the random inspection, shall be dealt with according to the Law
of Product Quality and regulations of the Special
Zone.
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Article
16
The administrative competent department of construction shall be
in charge of the quality supervision
on installing the
electrical products of construction project, prevent unqualified
electrical products
from coming into the construction site, and
administrate the renewal of aging electrical apparatuses in
buildings.
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Article
17
The administrative competent department of labor shall supervise
the safety of using electrical
products according to the
Administrative Regulations of Shenzhen Special Economic Zone on
Safety.
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Article
18
The administrative competent department of fire control of
public security shall supervise and
inspect whether the
installation or use of electrical product accords with the
safety requirements
of fire control, when carrying out the
supervision and inspection of fire control, and order the
inspected unit to rectify, which doesn' t comply with the
requirements of fire control.
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Article
19
The municipal competent department shall popularize the use of
electrical products of high quality
together with relevant
departments in a planned way.
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Article
20 Anyone,
who violates the provisions of Article 6 of these rules, shall
be ordered to stop manufacture
and be imposed a fine of 15
percent to 20 percent of the sum of the products manufactured
without
permit, by the municipal competent department.
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Article
21
Anyone, who violates the provisions of Article 7 or 8 of these
rules, shall be punished according
to the Law of Product
Quality.
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Article
22 Anyone,
who violates the provisions of Article 9 or 10 of these rules,
shall be ordered to make
correction by the municipal or district
competent department.
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Anyone,
who violates the provisions of Article 11 of these rules, shall
be ordered to stop sale
by the municipal or district competent
department.
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Article
23
Anyone, who violates the provisions of Article 13 of these
rules, shall be ordered to make correction
and be imposed fine
of not more than 10,000 yuan by the administrative competent
department of
construction.
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Article
24
Anyone, who violates the provisions of Article 14 of these
rules, shall be ordered to make correction,
imposed a fine of
5,000 to 20,000 yuan, and reduced to a lower qualification rank
according to
relevant provisions of the Regulations of Shenzhen
Special Economic Zone on Quality of Construction Project by the
administrative competent department of construction.
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Article
25
Anyone, who manufactures or sells counterfeit or inferior
electrical products, shall be punished
according to the
provisions of Regulations of Shenzhen
Special Economic Zone on Severely Cracking down the Malfeasances
of
Manufacturing or Selling Counterfeit and Inferior Products by
the municipal or district competent department or the
administrative department for industry and
commerce.
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Article
26 If
an electrical product has defect and causes losses to people' s
body or property, the manufacturer
or seller shall take the
responsibility of compensation. If his act constitutes a crime,
he shall
be investigated for criminal responsibility according
to law.
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Article
27
Anyone, who forges the inspection data or inspection conclusion,
shall be ordered to make correction
and be imposed a fine of one
to three times of the collected inspection fee. If the
circumstance
is serious, it shall be revoked the Business
License according to the Law of Product Quality.
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Any
inspector, who issues wrong inspection data or conclusion with
intention or gross negligence,
shall be imposed a fine of one to
three times of the collected inspection fee, and imposed
administrative sanction simultaneously. If his act constitutes a
crime, he shall be investigated
for criminal responsibility
according to law.
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Article
28
If the punished party is not satisfied with the decision of
administrative punishment, he may apply
for review to the
organization for administrative review of the municipal
government, or file a
lawsuit to the people' s court within 15
days upon the receipt of the punishment notice. If the party
fails to apply for review, or file a lawsuit to the people' s
court within the time limit, and refuses to
perform the
punishment decision, the municipal or district competent
department shall apply to
the people' s court for coercive
enforcement.
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Article 29
The rules shall go into effect as of the date of promulgation. |
