STANDARDIZATION LAW OF THE PEOPLE'S REPUBLIC OF CHINA
Important Notice: (注意事项)
英文本源自中华人民共和国务院法制局编译, 中国法制出版社出版的《中华人民共和国涉外法规汇编》(1991年7月版).当发生歧意时, 应以法律法规颁布单位发布的中文原文为准.
This English document is coming from the "LAWS AND REGULATIONS OF THE PEOPLE'S REPUBLIC OF CHINA GOVERNING
which is compiled by the Brueau of Legislative Affairs of the State Council of the People's Republic of
In case of discrepancy, the original version in Chinese shall prevail.
(Adopted at the Fifth Meeting of the Standing Committee of the Seventh National People's Congress on December 29, 1988, promulgated by Order No. 11 of the President of the People's Republic of China on December 29, 1988, and effective as of April 1, 1989)
Chapter I General Provisions
Chapter II Formulation of Standards
Chapter III Implementation of Standards
Chapter IV Legal Responsibility
Chapter V Supplementary Provisions
This Law is formulated with a view to developing the socialist commodity economy, promoting technical progress, improving product quality, increasing social and economic benefits, safeguarding the interests of the State and the people and suiting standardization to the needs in socialist modernization and in the development of economic relations with foreign countries.
Standards shall be formulated for the following technical requirements that need to be unified:
(1) the varieties, specifications, quality and grades of industrial products as well as the safety and sanitary requirements for them;
(2) the design, production, inspection, packing, storage, transportation and methods of operation of industrial products as well as the safety and sanitary requirements for them in the process of production, storage and transportation;
(3) technical requirements and testing methods related to environmental protection;
(4) the designs, construction procedure and safety requirements for construction projects; and
(5) technical terms, symbols, code names and drawing methods related to industrial production, project construction and environmental protection.
Major agricultural products and other items that need to be standardized shall be designated by the State Council.
The tasks of standardization shall include the formulation of standards and organization of and supervision over the implementation of the standards. Standardization shall be incorporated in the plan for national economic and social development.
The State shall encourage the active adoption of international standards.
The department of standardization administration under the State Council shall be in charge of the unified administration of standardization throughout the country. Competent administrative authorities under the State Council shall, in line with their respective functions, be in charge of standardization in their respective departments and trades.
The departments of standardization administration of provinces, autonomous regions and municipalities directly under the Central Government shall be in charge of the unified administration of standardization within their respective administrative areas. Competent administrative authorities under the governments of provinces, autonomous regions and municipalities directly under the Central Government shall, in line with their respective functions, be in charge of standardization in their respective departments and trades within their respective administrative areas.
The standardization administration departments and the competent administrative authorities of cities and counties shall, in line with their respective functions as assigned by the governments of provinces, autonomous regions and municipalities directly under the Central Government, be in charge of standardization within their respective administrative areas.
Chapter II Formulation of Standards
National standards shall be formulated for the technical requirements that need to be unified nationwide.
Where, in the absence of national standards, technical requirements for a certain trade need to be unified, rade standards may be formulated. Trade standards shall be formulated by competent administrative authorities under the State Council and reported to the department of standardization administration under the State Council for the record, and shall be annulled on publication of the national standards. Where, in the absence of both tional and trade standards, safety and sanitary requirements for industrial products need to be unified within a province, an autonomous region or a municipality directly under the Central Government, local standards may be formulated. Local standards shall be formulated by departments of standardization administration of provinces, autonomous regions and municipalities directly under the Central Government and reported to the department of
Where, in the absence of both national and trade standards for products manufactured by an enterprise, standards
Where the formulation of standards is otherwise provided for by law, such legal provisions shall be complied with.
National standards and trade standards shall be classified into compulsory standards and voluntary standards.
The local standards formulated by standardization administration departments of provinces, autonomous regions and municipalities directly under the Central Government for the safety and sanitary requirements of industrial products shall be compulsory standards within their respective administrative areas.
The formulation of standards shall be conducive to ensuring safety and the people's health, safeguarding consumer interests and protecting the environment.
The standards to be formulated shall be conducive to a rational use of the country's resources, a wider utilization of scientific and technological gains and the enhancement of economic returns, conform to operation instructions, increase the universality and interchangeability of products, and be technologically advanced and economically rational.
The standards to be formulated shall be coordinated with and supported by related standards.
The standards to be formulated shall help promote economic and technological cooperation with foreign countries and foreign trade.
The roles of trade associations, scientific research institutions and academic organizations shall be brought into play in the formulation of standards. A department engaged in the formulation of standards shall organize a committee on standardization technology composed of specialists, which shall be responsible for the drafting of the standards and shall participate in the examination of the draft standards.
After the standards come into force, the department that formulated them shall, in the light of scientific and technological developments and the needs in economic construction, make timely reviews of the current standards to determine if they are to remain effective or are to be revised or annulled.
Compulsory standards must be complied with. It shall be prohibited to produce, sell or import products that are not up to the compulsory standards. With regard to voluntary standards, the State shall encourage their adoption by enterprises on an optional basis.
With respect to products for which national or trade standards have been formulated, enterprises may apply to the standardization administration department under the State Council or agencies authorized by the same department for product quality authentication. For products which are authenticated to conform to the standards, ertificates shall be issued by the department that made the authentication and the use of the prescribed authentication marks shall be permitted on such products and the packing thereof.
If products for which authentication certificates have been granted do not conform to national or trade standards, or if products have not undergone authentication or found not up to the standards after the authentication proceedings, no authentication marks shall be permitted for use on such products leaving factories for sale.
Technical requirements for export products shall comply with contractual provisions.
The development of new products, improvement of products or technical renovation by an enterprise shall conform to standardization requirements.
Departments of standardization administration under governments at or above the county level shall be responsible
Departments of standardization administration under governments at or above the county level may, in accordance with needs, establish inspection organizations or authorize inspection organizations of other units to examine whether products conform to the standards. Where the laws and administrative rules and regulations provide otherwise on inspection organizations, such provisions shall apply.
Disputes over whether a product conforms to the standards shall be handled in accordance with the inspection data provided by the inspection organizations as specified in the preceding paragraph.
Whoever produces, sells or imports products that do not conform to the compulsory standards shall be dealt with according to law by the competent administrative authorities as prescribed by the laws and administrative rules and regulations. In the absence of such prescriptions, his products and unlawful proceeds shall be confiscated and he shall be concurrently fined by the administrative authorities for industry and commerce; where serious consequences are caused and crimes are constituted, the person directly responsible shall be investigated for criminal responsibility in accordance with the law.
Where authentication marks are used on products leaving a factory for sale, for which authentication certificates have been issued but which do not conform to national or trade standards, the enterprise concerned shall be ordered by the department of standardization administration to stop the sale and shall be fined concurrently; where the circumstances are serious, the authentication certificates shall be revoked by the department that made the authentication.
Whoever uses authentication marks, without authorization, on products leaving a factory for sale, which have not undergone authentication or have been found not up to the standards after the authentication proceedings, shall be ordered by the department of standardization administration to stop the sale and shall concurrently be fined.
A party which refuses to accept the punishment of confiscation of its products and of its unlawful proceeds and a fine may, within 15 days of receiving the penalty notice, apply for reconsideration to the office immediately above the one that made the punishment decision; a party which refuses to obey the reconsideration decision may, within 15 days of receiving the reconsideration decision, bring a suit before a people's court. The party also may, within 15 days of receiving the penalty notice, directly bring a suit before a people's court. If a party neither applies for reconsideration nor brings a suit before a people's court within the prescribed time nor complies with the punishment decision, the office that made the punishment decision shall apply to a people's court for compulsory execution.
Personnel responsible for the supervision, inspection and administration of standardization who violate the law or neglect their duties, or are engaged in malpractices for personal gains, shall be given disciplinary sanctions; where crimes are constituted, their criminal responsibility shall be investigated in accordance with the law.
Rules for the implementation of this Law shall be formulated by the State Council.
This Law shall go into effect as of April 1, 1989.