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| Category | TECHNOLOGICAL CONTROL | Organ of Promulgation | The Standing Committee of the National People's Congress | Status of Effect | In Force |
| Date of Promulgation | 1988-12-29 | Effective Date | 1989-04-01 |
|
Standardization Law of the People's Republic of China |
|---|
Chapter I General Provisions
Chapter II Formulation of Standards
Chapter III Implementation of Standards
Chapter IV Legal Responsibility
Chapter V Supplementary Provisions Article 1 This Law is formulated with a view to developing the socialist Article 2 Standards shall be formulated for the following technical (1) the varieties, specifications, quality and grades of industrial (2) the design, production, inspection, packing, storage, transportation (3) technical requirements and testing methods related to environmental (4) the designs, construction procedure and safety requirements for (5) technical terms, symbols, code names and drawing methods related to Major agricultural products and other items that need to be standardized Article 3 The tasks of standardization shall include the formulation of Standardization shall be incorporated in the plan for national economic Article 4 The State shall encourage the active adoption of international Article 5 The department of standardization administration under the The departments of standardization administration of provinces, autonomous The standardization administration departments and the competent Article 6 National standards shall be formulated for the technical Where, in the absence of both national and trade standards for products Where the formulation of standards is otherwise provided for by law, such Article 7 National standards and trade standards shall be classified The local standards formulated by standardization administration Article 8 The formulation of standards shall be conducive to ensuring Article 9 The standards to be formulated shall be conducive to a Article 10 The standards to be formulated shall be coordinated with and Article 11 The standards to be formulated shall help promote economic Article 12 The roles of trade associations, scientific research A department engaged in the formulation of standards shall organize a Article 13 After the standards come into force, the department that Article 14 Compulsory standards must be complied with. It shall be Article 15 With respect to products for which national or trade standards If products for which authentication certificates have been granted do Article 16 Technical requirements for export products shall comply with Article 17 The development of new products, improvement of products Article 18 Departments of standardization administration under Article 19 Departments of standardization administration under Disputes over whether a product conforms to the standards shall be Article 20 Whoever produces, sells or imports products that do not Article 21 Where authentication marks are used on products leaving a Article 22 Whoever uses authentication marks, without authorization, Article 23 A party which refuses to accept the punishment of Article 24 Personnel responsible for the supervision, inspection and Article 25 Rules for the implementation of this Law shall be formulated Article 26 This Law shall go into effect as of April 1, 1989.
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Chapter I General Provisions
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.
requirements that need to be unified:
products as well as the safety and sanitary requirements for them;
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;
protection;
construction projects; and
industrial production, project construction and environmental protection.
shall be designated by the State Council.
standards and organization of and supervision over the implementation of the
standards.
and social development.
standards.
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.
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.
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
requirements that need to be unified nationwide. National standards shall be
formulated by the department of standardization administration under the State
Council. Where, in the absence of national standards, technical requirements
for a certain trade need to be unified, trade 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
national 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 standardization administration and the competent
administrative authorities under the State Council for the record, and shall
be annulled on publication of the national or trade standards.
manufactured by an enterprise, standards for the enterprise shall be
formulated to serve as the criteria for the organization of production. An
enterprise's standards for its products shall be reported to the
standardization administration department and the competent administrative
authorities under the local government for the record. Where national or
trade standards have been formulated, the State shall encourage enterprises
to formulate their enterprise standards, which are more stringent than the
national or trade standards, to be used in these enterprises.
legal provisions shall be complied with.
into compulsory standards and voluntary standards. Those for safeguarding
human health and ensuring the safety of the person and of property and those
for compulsory execution as prescribed by the laws and administrative rules
and regulations shall be compulsory standards, the others shall be voluntary
standards.
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 area.
safety and the people's health, safeguarding consumer interests and
protecting the environment.
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.
supported by related standards.
and technological cooperation with foreign countries and foreign trade.
institutions and academic organizations shall be brought into play in the
formulation of standards.
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.
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.
Chapter III Implementation of Standards
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.
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, certificates 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.
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 authentic marks shall be permitted for use on such products
leaving factories for sale.
contractual provisions.
or technical renovation by an enterprise shall conform to standardization
requirements.
governments at or above the county level shall be responsible for supervision
over and inspection of the implementation of the standards.
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.
handled in accordance with the inspection data provided by the inspection
organizations as specified in the preceding paragraph.
Chapter IV Legal Responsibility
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.
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.
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.
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.
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.
Chapter V Supplementary Provisions
by the State Council.
URL: http://www.asianlii.org/cn/legis/cen/laws/sl193