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| Category | TECHNOLOGICAL CONTROL | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1987-02-01 | Effective Date | 1987-02-01 |
|
Rules for the Implementation of the Metrology Law of the People's Republic of China |
|---|
Article 1 These Rules are formulated according to the provisions of the
Metrology Law of the People's Republic of China.
Article 2 A system of legal measures is implemented in the country. The
procedures for designating the names and symbols of legal measurement units
and for abolishing the non-legal measurment units shall be implemented
according to the relevant stipulations of the State Council concerning
uniform application of legal measures in our country.
Article 3 The State develops measurement facilities in a planned way and Article 4 The following requirements must be met in using datum (1) they must pass the appraisement of the State; (2) there must be such environmental conditions as required for their (3) there must be competent personnel in charge of their safekeeping, (4) there must be a perfect system of administration. Those units which meet the above-mentioned requirements can use datum Article 5 No unit or individual shall dismantle or refit datum Article 6 The measurement values of the datum instruments should be the Article 7 The following requirements must be met in using standard (1) they must pass measurement examination and determination; (2) there must be such environmental conditions as required for their (3) there must be competent personnel in charge of their safekeeping, (4) there must be a perfect system of administration. Article 8 Public standard instruments function as notaries in exercising Those public standard instruments, which have proved up to the Article 9 The standard instruments of the highest class in various fields Article 10 In designating various standard instruments of the highest Article 11 The units and individuals using standard instruments which The units and individuals using the working measurement instruments which Article 12 Enterprises and institutions should equip themselves with the Article 13 The work of measurement examination and determination shall be Article 14 Enterprises and institutions applying for Licences for Article 15 Enterprises and institutions which do business in measurement Article 16 The individual industrial and commercial businesses which are Article 17 The examination for enterprises, institutions or individual (1) production facilities; (2) facilities for testing and determining products; (3) technical levels of the workers and staff members; (4) relevant technical documents and regulations and rules concerning Article 18 The product design of a new measurement instrument, which has Article 19 The product design appraisement of a new measurement The models of new measurement instruments shall be approved by the The models approved by such departments can be used as nationally Article 20 The Units applying for model design appraisement for a new The units responsible for the appraisement and testing must withhold Article 21 The various relevant competent authorities should strengthen Article 22 Foreign businessmen selling measurement instruments in China Article 23 The administrative departments for measurement of the people's Article 24 No units or individuals may deal in rejected or defective Article 25 No units or individuals may use in their work the measurement Article 26 The responsibilities of the measurement administration under (1) carrying out the State policies, measures and regulations concerning (2) making and coordinating development plans for measurement (3) exercising supervision over the manufacturing, repairing, marketing (4) conducting measurement attestation, organizing arbitration over (5) supervising and checking the implementation of measurement laws and Article 27 The measurement control personnel at the administrative Measurement inspectors must pass the examination supervised by the Article 28 The agencies for measurement examination and determination set Article 29 The personnel in charge of measurement examination and Article 30 The administrative departments for measurement of the (1) authorizing professional or regional agencies for measurement (2) authorizing the designation of public standard instruments; (3) authorizing the agencies for measurement examination and determination (4) authorizing relevant technical agencies to undertake the other tasks Article 31 Units which have been authorized in accordance with the (1) the personnel in charge of examination and determination and testing (2) the corresponding measurement standards of the authorized units must (3) the authorized units must conduct the authorized work of examination (4) administrative departments for measurement of the people's governments Article 32 The agencies for examination of product quality which provide Article 33 Measurement attestation of agencies for examination of product (1) examining and determining measurements and testing the function of (2) examining and determination measurements and testing the environmental (3) measures ensuring the uniformity of measurement values and accuracy, Article 34 After receiving applications for attestation from agencies for Article 35 Administrative departments for measurement of the people's Article 36 Agencies for examination of product quality which have Article 37 Administrative departments for measurement of the people's Article 38 No litigant shall change the technical status of the Article 39 If a party rejects the arbitrative examination and Article 40 Fees shall be paid for applications for examinations to Article 41 Fees shall not be charged for the examination and determination Article 42 The funds needed by the agencies of measurement examination Article 43 Those who violate Article 2 of these Rules by using non-legal Article 44 Those who violate Article 14 of the Measurement Law of the Article 45 If any departments, enterprises and institutions conduct Article 46 If any units fail to apply for examination and determination Article 47 If any units or individuals are engaged in manufacturing and Article 48 Those who manufacture and market the new measurement products Article 49 If the measurement instruments which have not been examined Article 50 Those who sell imported measurement instruments which have not Article 51 Those who have caused losses to the State or consumers by Article 52 Those who sell damaged and substandard spare parts and Article 53 If any units or individuals manufacture, market or use certain Article 54 If any individual industrial and commercial businesses Article 55 If any agencies for examination of product quality which have Article 56 If any units or individuals forge, usurp or traffic in seals Article 57 If the personnel in charge of measurement supervision and Article 58 If the units responsible for design appraisement and prototype Article 59 Any person in charge of measurement examination and (1) forging examination and determination data; (2) causing losses to the party sending the instruments for examination (3) violating the rules concerning measurement examination and (4) conducting examination and determination by using those standard (5) conducting measurement examination and determination without the Article 60 The administrative penalties stipulated in these Rules shall The administrative penalties provided for in Article 51 of these Rules Article 61 The connotations of the following terms as used in these (1) "Measurement instrument" refers to a device, an instrument, a meter or (2) "Measurement examination and determination" refers to the work (3) "Design appraisement" denotes the overall checking and examination of (4) "Measurement attestation" denotes the examination and verification (5) "Agency for measurement examination and determination" refers to a (6) "Arbitrative examination and determination" refers to the measurement Article 62 These Rules shall also apply to the supervision and Article 63 The procedures and scopes of administration and the symbols of Article 64 The right to interpret these Rules resides with the Article 65 These Rules shall come into effect as of the date of
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fits out measurement agencies at various levels with modern technology and
equipment so that they may serve to promote China's socialist modernizations,
provide measurement guarantee for our industrial and agricultural production,
the building up of our national defence, scientific experiments, domestic and
foreign trade and the people's health and safety, and protect the interests of
the State and the people.
Chapter II Datum Instruments of Measurement and Standard Instruments of
Measurement
instruments of measurement (hereinafter referred to as datum instruments):
normal operations;
maintenance and application;
instruments only after they pass the examination and approval by the
Measurement Administration under the State Council and receive the relevant
certificate from it.
instruments or suspend the work concerning measurement examination and
determination without the approval of the Measurement Administration under
the State Council.
same as international measurement values. The Measurement Administration under
the State Council has the right to abolish those datum instruments which are
backward in technology or those instruments whose performance cannot meet the
present requirements.
instruments of measurement (hereinafter referred to as standard instruments):
normal operations;
maintenance and application;
measurement supervision in the society. In designating the public standard
instruments of the highest class in the local areas, the administrative
departments for measurement in the people's governments above the county level
must apply to the measurement departments immediately above its own level for
examination. The examination of public standard instruments of other classes
may be conducted under the direction of the administrative departments for
measurement of the local people's governments.
requirements laid down in Article 7 of these Rules and obtained certificates
of examination, shall be used only after the relevant certificates are issued
after the examination and approval by the administrative departments for
measurement of the people's governments above the county level.
should be designated by the relevant competent departments under the State
Council and by those in the people's governments in the provinces, autonomous
regions and the municipalities directly under the Central Government. These
standard instruments must pass the examination by the administrative
department for measurement in the people's governments at the same level and
those instruments which meet the requirements provided for in Article 7 of
these Rules and obtain certificates of examination may be used only after the
approval by the relevant competent departments.
class for their own units, enterprises and institutions must apply for
examination to the administrative departments for measurement which are at the
same levels as their competent departments in the people's governments.
Township enterprises should apply for examination to the administrative
departments for measurement in the local people's governments at the county
level. Those instruments which meet the requirements provided for in Article 7
of these Rules and obtain certificates of examination may be used by the
relevant enterprises and institutions, which should report to their competent
authorities for the record.
Chapter III Measurement Examination and Determination
have gone through compulsory examination and determination should apply for
periodic examination and determination to the relevant administrative
department for measurement of the people's government which has been
responsible for examining the instruments.
have gone through compulsory examination and determination should apply for
periodic examination and determination to the relevant measurement
examination and determination agencies designated by the administrative
departments for measurement of the local people's governments at the county
(municipality) level. If it cannot be done locally, it is necessary to apply
for periodic examination and determination to the measurement examination and
determination agencies designated by th next higher administrative departments.
facilities for checking and testing measurement instruments commensurate with
their needs in production, scientific research and management and business
operations, formulate specific procedures and regulations concerning
examination and determination, work out detailed catalogues of measurement
instruments of their units and fix the corresponding periods for examination
and determination, and ensure that their measurement instruments which are not
subject to compulsory examination and determination are regularly checked and
tested.
conducted on the principle of economy, rationality and geographical proximity.
and it should not be restricted by administrative divisions and departmental
jurisdiction.
Chapter IV Manufacture and Repair of Measurement Instruments
Manufacturing Measurement Instruments should pass the examination by the
administrative departments for measurement at the same levels with the
competent authorities of the people's governments in their localities.
Township enterprises should be examined by the administrative departments for
measurement of the local people's governments at the county level. Those
enterprises and institutions which have obtained licences for Manufacturing
Measurement Instruments by passing the examination are allowed to use the
uniform marks stipulated by the State. Only then may the relevant competent
authorities approve of their production.
instruments repairs may apply for examination directly to the administrative
departments for measurement of the local people's governments at the county
(municipality) level in order to obtain the Licence for Repairing Measurement
Instruments. If it cannot be done locally, applications for examination may
be submitted to the administrative departments for measurement of the people's
governments at the next higher level. Only those enterprises and institutions
which have obtained Licence for Repairing Measurement Instruments by passing
the examination may be allowed to use the uniform marks stipulated by the
State and start business operations.
engaged in manufacturing or repairing measurement instruments must have
regular business premises. Those which want to apply for the Licence for
Manufacturing Measurement Instruments or the Licence for Repairing Measurement
Instruments may do so according to the procedures provided for in Article 15 of these Rules. If they move to do business in other
places, they must send the
original licence to the administrative department for measurement of the local
people's government where they have moved, for verification and approval
before they can apply for new business licences.
industrial and commercial businesses which apply for the Licence for
Manufacturing Measurement Instruments and the Licence for Repairing
Measurement Instruments consists of the following items:
measurements.
never been produced in the country, must be appraised before it can be
manufactured. When the product design has been finalized, it is necessary to
go through formalities of model approval and obtain the relevant certificate.
New products whose designs have been finalized in the country but have never
been produced by the producer must be tested and their prototypes be made. A
certificates of quality shall be issued after the test of prototype is passed.
Those measurement instruments which have not obtained model approval or
certificates of quality of their prototypes shall not be allowed to be
produced.
instrument shall be conducted by the technical agency authorized by the
measurement administration under the State Council. Prototypes of the
instrument shall be tested by the technical agency authorized by the
administrative department for measurement of the local people's government at
the provincial level.
administrative departments for measurement of the local people's governments
at the provincial level.
applicable models after they have been finalized by the measurement
administration under the State Council.
measurement instrument and prototype testing should provide a prototype of the
new product, and the relevant technical documents and data.
secret of the prototype, the technical documents and data provided by the
applicants.
control over the quality of the measurement instruments manufactured and
repaired by the enterprises and institutions. The administrative departments
for measurement in the people's governments above the county level are
empowered to carry out supervision and inspection, including sampling and
supervised testing. The measurement instruments without stamps or certificates
of quality or those measurement instruments which have failed to pass the
examination and determination shall not be allowed to leave the factories.
Chapter V Marketing and Use of Measurement Instruments
must apply for model approval to the measurement administration under the
State Council according to the provisions in Article 18 of these Rules.
governments above the county level exercise supervision and inspection over
the measurement instruments sold locally. The instruments without quality
stamps or certificates of quality or the marks of the licence for
Manufacturing Measurement Instruments may not be marketed.
spares and components of measurement instruments or use them in assembling and
repairing measurement instruments.
instruments without quality stamps or certificates or examination and
determination or those instruments which have exceeded the period of
examination and determination or those instruments which have been rejected in
examination and determination. This provision does not apply to the
measurement instruments used in teaching demonstration.
Chapter VI Measurement Supervision
the State Council and the administrative departments for measurement of the
local people's governments above the county level in the supervision over and
implementation of the laws and regulations concerning measurement are as
follows:
measurement and promoting the adoption of the State legal measurement units;
undertakings, designating datum instruments and public standard instruments,
organizing the transmission of measurement values;
and using of measurement instruments;
examination and determination and mediating disputes over measurement;
regulations, and dealing with violations of these laws and regulations in
acordance with the relevant provisions of these Rules.
departments for measurement of the people's governments above the county level
are responsible for measurement supervision and administration. Measurement
inspectors are responsible for circuit checking in the prescribed areas and
places and may, within their stipulated authority, deal, on the spot, with
violations of measurement laws and regulations and mete out administrative
sanctions on the merit of each case.
administrative departments for measurement of the people's governments above
the county level, which shall appoint the inspectors and issue relevant
certificates.
up according to law by the administrative departments for measurement of the
people's governments above the county level are legal agencies of the State.
Their responsibilities are: designating datum instruments and public standard
instruments, conducting transmission of measurement values, carrying out
compulsory examination and determination as well as other examination and
determination and testing prescribed by law, drafting regulations concerning
technical specifications to provide technical guarantee for exercising
measurement supervision and handling other matters concerning measurement
supervision.
determination in the State legal agencies for measurement examination and
determination must pass the examinations supervised by the administrative
departments for measurement of the people's governments above the county level
and must obtain the necessary certificates. The personnel in charge of
measurement examination and determination in other units should pass the
examinations supervised by their higher competent authorities and obtain the
relevant certificates. People without the certificates for measurement
examination and determination may not do the work in this field. The grading
of the technical posts of the personnel in charge of measurement examination
and determination shall be stipulated by the measurement administration under
the State Council in cojunction with the relevant competent authorities.
people's governments above the county level may, in the light of actual needs,
authorize the agencies of measurement examination and determination and
technical agencies in the following ways of conduct compulsory examination and
determination and other kinds of examination and determination and testing
within the prescribed scope:
examination and determination to act as legal agencies;
of certain departments or units to conduct compulsory examination and
determination of the relevant measurement instruments used therein;
of examination and determination and testing prescribed by law.
provisions of Article 30 of these Rules should abide by the following
stipulations:
in the authorized units must pass the examinations supervised by the
authorizing units;
be examined and determined according to the datum instruments or the public
standard instruments;
and determination and testing under the supervision of the authorizing units;
above county level shall conduct mediation and arbitration when the authorized
units become a party to a measurement dispute, which cannot be settled by the
parties themselves through consultation.
Chapter VII Measurement Attestation of Agencies for Examination of
Product Quality
the society with notarization data must be attested by administrative
departments for measurement of the people's governments above provincial level.
quality covers the following aspects:
equipments;
conditions for the functioning of the equipment and the personnel's
operational skills;
and systems ensuring the equity and reliability of the data for examination
and determination of measurements.
examination of product quality, administrative departments for measurement of
the people's governments above provincial level shall instruct the measurement
examination agencies under their jurisdiction or the authorized technical
agencies to arrange the examinations for the applicants in accordance with the
provisions of Article 33 of these Rules. The administrative departments for
measurement of the people's governments above provincial level shall issue
certificates for measurement attestation to those applicants who have passed
the examinations. Those who have not obtained the certificates shall not be
allowed to conduct examination of product quality.
governments above provincial level are empowered to conduct supervision and
inspection over those agencies which have obtained certificates for
measurement attestation according to the provisions of Article 33 of these
Rules.
obtained a certificate for measurement attestation should apply for separate
confirmation of measurement attestation for new items, if they deem these
additional examinations necessary, according to the relevant provisions of
these Rules.
Chapter VIII Measurement Mediation and Arbitrative Examination and
Determination
governments above county level are responsible for mediation and arbitrative
examination and determination for measurement disputes and may appoint relevant
agencies for measurement examination and determination to conduct arbitrative
examination and determination as entrusted by judicial organs, administrative
organs for contracts, arbitration agencies dealing with cases involving
foreign parties, or other organizations.
measurement instruments involved in the dispute in the course of the
mediation, arbitration, and hearing of the cases.
determination, it may appeal to the administrative departments for measurement
of the people's governments at the next higher level within 15 days of receipt
of the notice of the arbitrative examination and determination. The
arbitrative examination and determination by the administrative departments
for measurement of the next higher people's government shall be final.
Chapter IX Fees
designate standard measurement instruments, applications for examination and
determination of measurement instruments to be used, applications for model
approval and prototype instrument testing for manufacturing new measurement
products, applications for the licence for manufacturing and repairing
measurement instruments and applications for measurement attestation and
arbitrative examination and determination. Actual procedures or rates of
charges shall be worked out by the measurement administration under the State
Council in conjunction with the financial and price control departments of
the State.
and testing conducted by administrative departments for measurement of the
people's government above county level in exercising supervision and
inspection. The inspected units have the obligation to provide prototype
instruments and facilities for examination and determination and testing.
and determination under the jurisdiction of administrative departments for
measurement of the people's governments above county level for providing
technical guarantee for implementating measurement laws and regulations and
exercising measurement supervision shall be entered in the budgets of people's
governments at the various levels in accordance with the provisions in the
State financial administration system.
Chapter X Legal Liability
measures shall be ordered to correct their mistakes. If violations have been
contained in publications, orders shall be given to stop their circulations
and a fine of 1,000 yuan or less may be imposed simultaneously.
People's Republic of China by manufacturing, marketing and importing
measurement instruments of non-legal measures which have been declared
abolished by the State Council and other measurement instruments which have
been prohibited for use by the State Council, shall be ordered to cease these
operations. Their measurement instruments and total amount of illegal gains
shall be confiscated. And a pecuniary penalty ranging from 10% to 50% of their
total illegal gains may be imposed simultaneously.
measurement examination and determination with various standard measurement
instruments of the highest class which have not passed the examination of the
relevant administrative departments for measurement of the people's governments
, they shall be ordered to stop using those instruments and a fine of 1,000
yuan or less may be imposed simultaneously.
for those measurement instruments which are subject to compulsory examinations
and determination, or fail to conduct periodic examination and determination
for other measurement instruments which are not subject to compulsory
examination and determination, or send them to other agencies for periodic
examination and determination or continue to use the instruments which have
been rejected in examination and determination, they shall be ordered to stop
using those instruments and a fine of 1,000 yuan or less may be imposed
simultaneously.
repairing measurement instruments without Licence for Manufacturing
Measurement Instruments or the licence for Repairing Measurement Instruments,
they shall be ordered to stop their production and operation and to seal up
for safekeeping the measurement instruments which have been manufactured and
those which have been sent for repairing. The total amount of illegal gains
shall be confiscated and a fine ranging from 10% to 50% of the illegal gains
may be imposed simultaneously.
which have not passed model approval or prototype testing shall be ordered to
stop manufacturing and marketing such products and seal them up for
safekeeping. Their total amount of illegal gains shall be confiscated and a
fine of 3,000 yuan or less may be imposed simultaneously.
and determined or those instruments which have been rejected in examination
and determination are allowed to leave the factory, the units or individuals
manufacturing or repairing such instruments shall be ordered to withhold the
same. The total amount of their illegal gains shall be confiscated; in more
serious cases, a fine of 3,000 yuan or less may be imposed simultaneously.
passed the examination and determination by administrative departments for
measurement of the people's governments above provincial level, shall be
ordered to stop the sales and seal up the instruments for safekeeping. The
total amount of their illegal gains shall be confiscated and a fine ranging
from 10% to 50% of the total sales earnings may be imposed simultaneously.
using substandard measurement instruments or tampering with measurement
instruments and falsifying data shall be ordered to pay reparations for the
losses, Their measurement instruments and total amount of illegal gains shall
be confiscated and a fine of 2,000 yuan or less may be imposed simultaneously.
components of measurement instruments shall be ordered to stop their business.
The instruments and total amount of illegal gains shall be confiscated and a
fine of 2,000 yuan or less may be imposed simultaneously; in more serious
cases, the business licence shall be revoked by administrative departments for
industry and commerce.
measurement instruments for the purpose of cheating consumers, their
instruments and total amount of illegal gains shall be confiscated and a fine
of 2,000 yuan or less may be imposed simultaneously. If the deceit constitutes
a crime, the persons directly responsible shall be investigated for their
criminal liabilities according to law.
manufacture and repair measurement instruments other than those prescribed by
the State or are engaged in business at unauthorized places, they shall be
ordered to stop manufacturing and repairing. The total amount of their illegal
gains shall be confiscated and a fine of 500 yuan or less may be imposed
simultaneously.
not obtained certificates of measurement attestation provide notarization data
for the public, they shall be ordered to stop their operations and a fine of
1,000 yuan or less may be imposed simultaneously.
or certificates for compulsory examination and determination, the seals and
certificates and the total amount of the illegal gains shall be confiscated
and a fine of 2,000 yuan or less may be imposed simultaneously. If crimes are
committed in the course, the persons concerned shall be investigated for
criminal liabilities according to law.
administration break the law, neglect their duties or engage in self-seeking
misconduct, they shall be given administrative sanctions when the
circumstances are not serious. If crimes are committed, the persons concerned
shall be investigated for criminal liabilities according to law.
instrument testing for new measurement products violate Paragraph 2, Article
20 of these Rules, they should pay for the losses sustained by the applicants
and give administrative sanctions to the persons directly responsible in
accordance with the relevant stipulations of the State. If crimes are
committed, the persons concerned shall be investigated for criminal
liabilities according to law.
determination who commits one of the following acts, shall be given
administrative sanctions. If crimes are committed, he shall be investigated
for criminal liabilities according to law.
as a result of the faulty data provided;
determination in conducting the work;
measurement instruments which have not passed the relevant examinations;
required certificates.
be meted out by administrative departments for measurement of the people's
governments above county level. Penalties involving fines of more than 10,000
yuan should be submitted to the administrative departments for measurement of
the people's governments above provincial level for decision. The confiscated
illegal gains and fines must all be turned over to the state treasury.
may also be decided by administrative departments for industry and commerce.
Chapter XI Supplementary Provisions
Rules are:
a measuring tool which can be used to determine the measurement values of the
measured objects directly or indirectly, as well as a standard matter used to
unify measurement values, which can be a datum measurement instrument, a
standard measurement instrument and a working measurement apparatus.
involved in evaluating the functions of the measurement instruments and
determining if they are up to the standard.
the functions of the prototype of a new measurement product.
conducted by the government administrative departments for measurement of the
capability and reliability of the relevant technical agencies in measurement
examination and determination and testing.
relevant technical agency which undertakes measurement examination and
determination.
examination and determination and testing conducted with datum measurement
instrument or public stardard measurement instruments for the purpose of
adjudication.
administration exercised by the People's Liberation Army and national defence
departments of science, technology and industry over the measurement work
which deal with matters outside the military setup.
the various seals, certificates provided for in these Rules shall be
formulated by the administrative department for measurement under the State
Council.
administrative department for measurement under the State Council.
promulgation.
URL: http://www.asianlii.org/cn/legis/cen/laws/rftiotml491