Laws of the Guangdong Province

Regulations of Shenzhen Special Economic Zone on Measurement

 (Adopted at the 20th meeting of the Standing Committee of the 1st Shenzhen People' s Congress on December 24, 1993; as revised by the 14th meeting of the Standing Committee of the 2nd Shenzhen People' s Congress on April 9, 1997; the 19th meeting of the Standing Committee of the 2nd Shenzhen People' s Congress on December 17, 1997; the 15th meeting of the Standing Committee of the 3rd Shenzhen People' s Congress on April 26, 2002; the 32nd meeting of the Standing Committee of the 3rd Shenzhen People' s Congress on June 25, 2004)

Chapter One  General Provisions

Article 1  In order to strengthen the supervision and administration of measurement in Shenzhen Special Economic Zone (hereinafter referred to as the special zone), ensure that the system of measurement units is uniform, ensure that the measurement result is accurate and reliable, maintain the order of socialist market economy, promote the developments of production, trade and scientific technology, these regulations are formulated according to relevant national laws and regulations, in combination with the actual circumstances of the special zone.

Article 2  These regulations shall apply to the establishment of standard instruments of measurement, measurement verification, and the production, reparation, installment, sale and importation of measurement instruments in the special zone.

Article 3  Enterprises, public institutions and self-employed individuals shall comply with relevant national laws and regulations on measurement, use measurement instruments and units according to the provisions, keep their operation activities correct, and may not damage consumers' legitimate rights and interests.

Enterprises and public institutions shall attach importance to the improvement of measurement methods and the training of measurement persons, strengthen measurement management, and enhance the guarantee ability of measurement.

Article 4  The Shenzhen people' s governments at all levels shall give awards to the unit or individual, who gets great achievement in the implementation of laws, regulations and administrative regulations on measurement.

Article 5  The Shenzhen municipal administrative department of technology supervision is the competent department of measurement supervision and administration (hereinafter referred to as the municipal competent department), shall take charge of organizing the implementation of relevant laws, regulations and administrative regulations on measurement, and drawing up managerial measures.

All district administrative departments of technology supervision (hereinafter referred to as the district competent department) shall take charge of the measurement supervision and administration under the uniform administration of the municipal competent department.

Relevant departments of the municipal and district people' s governments shall assist competent departments to accomplish the measurement supervision and administration according to their respective functions and duties.

Chapter Two  Use of Measurement units

Article 6 The measurement units of international unit system and other measurement units designated by the state are the state legal measurement units. It is forbidden to use non-state-legal measurement units except in a laboratory to meet work needs.

Article 7 The legal measurement units shall be used when using measurement units on the commodities produced or sold in the special zone. The provisions of relevant national law or regulations shall prevail if they provide otherwise on imported commodity.

Article 8  No unit or individual may produce, sell or import measurement instruments of non-legal measurement units until being approved by the administrative department of technology supervision of the State Council or the municipal competent department.

Chapter Three  Establishment of Measurement Standard Instruments

Article 9 The municipal competent department shall establish social public standard instruments of measurement as the criterion to unify the measurement result according to needs. The social public standard instruments of measurement shall pass the examinations according to the measures stipulated by the state.

Article 10 Enterprises and public institutions may establish standard instruments of measurement for their own use. All kinds of the highest standard instruments of measurement may not be used until passing the examinations hold by the municipal competent department according to the measures stipulated by the state.

Article 11 All standard instruments of measurement established by district competent departments may not be used until passing the examinations hold by the municipal competent department according to the measures stipulated by the state.

Chapter Four  Verification and Use of Measurement Instruments

Article 12  The municipal competent department shall carry out compulsory verification to the social public standard instruments of measurement, the highest standard instruments of measurement established by district competent departments, enterprises or public institutions, and the working measurement instruments, which are used in trade settlement, safety protection, medical treatment and sanitation or environment monitoring, and listed in the catalog of compulsory verification.

The municipal competent department shall work out a measurement instrument catalog of compulsory verification, which shall be administrated with great importance, and verification period.

Any unit or individual, who uses the measurement instrument under compulsory verification, shall apply for periodical verification to the designated measurement verification agency.

Article 13 Other standard instruments of measurement and working measurement instruments beyond the state compulsory verification, shall be verified by using units themselves or be delivered for verification to other measurement verification agency. The municipal, district competent departments shall carry out irregular selective inspection or verification.

The using unit shall work out detailed catalog and verification period for itself to manage and carry out periodical verification, draw up specific managerial measures on verification and ensure its used measurement instruments, which are beyond the state compulsory verification, to be verified on schedule.

Article 14 No unit or individual may use the measurement instrument, which has no qualification stamp or certificate of verification, or exceeds the verification period, in production or operation, or use unqualified measurement instrument.

No unit or individual may destroy the accuracy of measurement instrument, practice fraud, fabricate data, fabricate or destroy the sealing mark of verification.

Chapter Five  Production, Reparation, Installation and Sale of Measurement Instruments

Article 15  Any enterprise or public institution, which wants to engage in producing or repairing measurement instruments, may not start production or reparation business until it passes the examination hold by the municipal competent department, and gets the License of Producing Measurement Instruments or the License of Repairing Measurement Instruments, excluding the business without license stipulated by the state.

Article 16  Any imported measurement instrument, which is to be sold in the special zone, shall pass the verification hold by the administrative department of quality and technology supervision above the provincial level or the municipal competent department. The municipal competent department shall verify the measurement instrument according to the provisions of the Measurement Law of the People' s Republic of China and the Implementing Rules of the Measurement Law of the People' s Republic of China.

Article 17 No unit or individual may sell the measurement instrument having been eliminated from market by state public proclamation, unqualified measurement instrument, incomplete or inferior part or accessory of measurement instrument.

Chapter Six  Administration on Commercial Trade Measurement

Article 18  Any commodity, which is packed in predetermined quantity, shall be marked with the net weight or capacity of the inside commodity on its package, and may not be sold without the mark.

Article 19  Anyone, who measures commodity on the spot, shall show consumer the measurement process and the value displayed on the measurement instrument. The value shall be displayed again if the consumer asks for.

Article 20  The commodity for sale shall comply with the requirements of allowed error stipulated by the state. The seller shall be equipped with the measurement instrument, which is fit for his selling commodity and meets the requirements of allowed error.

The municipal competent department may draw up specific requirements on allowed error according to national stipulations and in combination with the actual circumstances in the special zone.

Article 21  Any shop, which sells lots of commodities under on-the-spot measurement or in the packages of predetermined quantity, shall appoint a special person to take charge of measurement, in order to guarantee the accuracy of measurement instrument and measurement.

Article 22  The municipal competent department shall set up notarization measurement instruments in the market of productive resources or consumption goods, or at the location having a large amount of material measurements, and strengthen the measurement supervision.

Article 23  Every administrative department for industry and commerce of pedlars' market shall appoint a person of full-time or part-time to take charge of supervising and managing the market' s measurement, and deal with the illegal activities of measurement.

Article 24  The municipal administrative department for industry and commerce shall supervise and administer the measurement instruments used at temporary stalls, and deal with the illegal activities of measurement. The municipal, district competent department shall carry out supervision and selective inspection to the measurement instruments used at temporary stalls.

Article 25  The municipal competent department, jointly with relevant department, shall popularize the using of the measurement instrument with advanced technical characteristics, eliminate or ban the using of the measurement instrument with underdeveloped technical characteristics or producing unreliable measurement result.

Chapter Seven  Measurement Verification Agency and Measurement Authorization

Article 26  The measurement verification agency established by the municipal competent department is the legal agency for measurement verification, and has the following main functions and duties:

1. taking charge of establishing the social public standard instruments of measurement, and carrying out the delivering of measurement results;

2. carrying out the compulsory verification and other verification or test stipulated by law and regulations;

3. drafting technology instructions, and providing technology guarantee to measurement supervision;

4. undertaking relevant work of measurement or supervision, and accepting entrusted detection task.

The legal agencies for measurement verification established by district competent departments, shall comply with the principle of uniform planning, establish measurement standards and exercise their verification jobs with the approval of municipal competent department.

Article 27  The municipal competent department may, according to the needs, authorize a measurement verification agency other than a legal one to carry out the compulsory verification or other job of verification or test in stipulated scope.

Article 28  The measurement verification agency, which undertakes the job of compulsory verification, shall finish verification within 10 working days upon receiving the job. The verification agency shall consult with its consumer when it needs to prolong the period under special circumstances.

Chapter Eight  Laboratory and Recognition of Measurement Service Agency (Measurement Authentication)

Article 29  The laboratory and measurement service agency, which provide notarization data for the society, shall be recognized their qualification by the municipal competent department according to the principle of reasonable layout, and acquire the Certificate of Qualification Recognition. The qualification recognition shall be carried out according to national stipulations and relevant international standard, and contain the following items:

1. performances of the test equipments of measurement verification;

2. environment conditions of the test equipments of measurement verification and people' s operation skills;

3. measures to ensure the uniform and accuracy of measurement results, and managerial system to test the justice and reliability of data.

The laboratories, which must be recognized their qualification, include measurement test rooms and quality inspection institutions. The provisions of law or regulations shall prevail if they provide otherwise on quality inspection institutions.

Article 30  The municipal competent department shall publicize the name list of recognized laboratories and measurement service agencies.

The data, which is issued by a recognized laboratory or measurement service agency, may be the notarization data in providing trade certification, appraising outcome, evaluating product or project quality, measurement arbitration and law enforcement and supervision.

Chapter Nine  Measurement Supervision and Measurement Arbitration Verification

Article 31  The municipal competent department may establish measurement supervisor according to the needs. The measurement supervisor shall exercise his functions and duties according to law, carry out supervision and inspection to trading and commercial locations, equipments, tools and sites using valuating or computing instruments in specified areas, and impose penalty to the activity violating measurement law, regulations or administrative rules in his stipulated limits of authority according to law. The measurement supervisor shall present his legal certificate when enforcing the law. More than two measurement supervisors shall be on the spot when imposing penalty.

The part-time measurement supervisor, established inside an enterprise or public institution with the approval of municipal competent department, shall take charge of the supervision and inspection to measurement laws, regulations and administrative rules in his unit or in specified scope, and direct and push the development of measurement.

Article 32  The municipal, district competent departments shall take charge of mediating measurement disputes and arbitration verification. The parties of measurement dispute may settle down the dispute by consultation or mediation. In case that a party refuses to settle down the dispute by consultation or mediation, or the consultation or mediation fails to settle down the dispute, he may apply for arbitration according to the agreement between parties. The party may bring a lawsuit before people' s court directly if there is no arbitration agreement between parties.

Article 33 No party may change the technology state of measurement instrument involved in the measurement dispute, or change the state of relevant goods during the period of consultation, mediation or case judging.

Article 34  The basis of measurement mediation or arbitration is the notarization data issued by the recognized laboratory or measurement service agency.

Chapter Ten   Penalty Provisions

Article 35 Anyone, who sells the measurement instrument of non-legal measurement unit, the measurement instrument eliminated from market by the state public proclamation, unqualified measurement instrument, incomplete or inferior part or accessory of measurement instrument, shall be confiscated the measurement instrument, or the part or accessory of measurement instrument and his illegal gains, and be imposed a fine of 5 to 10 times the amount of illegal operation simultaneously. Anyone, who uses the measurement instrument of non-legal measurement unit in operation, shall be confiscated the measurement instrument, and be imposed a fine of 1,000 to 10,000 yuan simultaneously.

Anyone, who marks price with non-legal measurement unit, shall be ordered to make correction, and be imposed a fine of 1,000 to 5,000 yuan if he refuses to make correction.

Article 36 In case that the social public measurement standard, or the highest standard instrument of measurement established by an enterprise or public institution is used in verification without passing the examination hold by the municipal competent department, the user shall be ordered to stop using and be imposed a fine of 1,000 to 10,000 yuan simultaneously.

Article 37  As to the measurement instrument under compulsory verification, if the user does not apply for periodical verification, or continues using it exceeding the verification period, the user shall be ordered to stop using and be imposed a fine of 1,000 to 5,000 yuan simultaneously. Anyone, who continues using the measurement instrument failing to pass the verification, shall be ordered to stop using and be imposed a fine of 5,000 to 10,000 yuan simultaneously.

Article 38  In case that the using of unqualified or unverified measurement instrument results in  unqualified product or affects normal production, and causes property loss or personal injury, the relevant unit and person liable shall bear the civil responsibility to the victim according to law if the activity does not constitute a crime. Simultaneously, the person chiefly in charge and person directly liable shall be imposed a fine of 2,000 to 20,000 yuan respectively.

Article 39  Anyone, who destroys the accuracy of measurement instrument or the sealing mark of verification, shall be confiscated the measurement instrument, and be imposed a fine of 2,000 to 20,000 yuan simultaneously.

Article 40  In case that the commodity, which is measured on the spot, goes beyond the allowed error of measurement, and is sufficient for the consumer, the seller shall make up the shortage to the consumer, and be imposed a fine of 20 times the shortage price. In case that the commodity, which is packed with predetermined quantity, goes beyond the allowed error of measurement, and is sufficient for the consumer, the seller shall be imposed a fine of 2 times the product, which comes from the shortage price per unit multiplying the total amount of the batch of commodities, and shall be ordered to repack the commodity before sale. In case that the package has not been marked with the net quantity or capacity of the inside commodity, the seller shall be ordered to stop selling, repack the commodity and mark its net quantity or capacity.

Article 41 In case that a measurement verification agency fabricates verification data or conclusion, its administrative competent department shall impose administrative penalty to its person chiefly in charge and person directly liable. The administrative competent department of measurement shall impose the verification agency and the person directly liable a fine of 10 times the collected verification fees respectively.

Article 42 Anyone, who produces or repairs measurement instruments without acquiring the License of Producing Measurement Instruments or the License of Repairing Measurement Instruments, or starts the business of installing measurement instruments without being examined qualification, shall be ordered to stop business or operation, confiscated his illegal gains, and imposed a fine of 5 times the amount of illegal operation simultaneously.

Article 43  Anyone, who sells the imported measurement instruments without being verified, shall be ordered to stop selling, sealed up the imported measurement instruments for sale, confiscated his illegal gains, and be imposed a fine of 5 times the amount of illegal operation simultaneously.

Article 44  Any laboratory or measurement service agency, which provides notarization data for the society without the certificate of qualification recognition, shall be ordered to stop verification, declared the invalidation of verification result, confiscated its measurement instruments and illegal gains, and may be imposed a fine of 10 times the collected verification fees simultaneously.

Any laboratory or measurement service agency with the certificate of qualification recognition, which provides false notarization data for the society, shall be ordered to stop verification, declared the invalidation of verification result, confiscated its illegal gains, and may be imposed a fine of 10 times the collected verification fees simultaneously. If the circumstance is serious, the certificate of qualification recognition shall be revoked.

Article 45  Anyone, who fabricates, uses with fraudulency or scalps the stamp or certificate of measurement instrument under the state compulsory verification, shall be confiscated his illegal gains and imposed a fine of 5 times the amount of illegal operation simultaneously, if no crime is constituted.

Article 46  The supervision manager of measurement, who neglects his duties in violation of law or commits irregularities for favoritism, shall be imposed administrative penalty according to relevant national stipulations if no crime is constituted.

Article 47  The record system shall be implemented to the illegal activity when the competent department imposes an administrative penalty.

Anyone, who commits illegal activity again after being imposed an administrative penalty, shall be given a heavier punishment. Any recidivism, who commits illegal activity repeatedly after being given a heavier punishment, shall be ordered to stop production or business and to rectify by the administrative department for industry and commerce, besides being punished according to the stipulations. The administrative department for industry and commerce shall notice the recidivism to start production or business again if it corrects its activity by rectification.

Article 48  Anyone, who hinders law-enforcement supervisor or verifier of measurement to execute duties, shall be punished by the department of public security according to the Regulations of the People' s Republic of China on Punishments in Public Order and Security Administration.

Article 49  The administrative penalties stipulated in this chapter shall be imposed by the municipal or district competent department according to the authority limits stipulated by these regulations, excluding those stipulated in Article 35 or Article 40 of these regulations, or stipulated in Article 47 relating to Article 35 or Article 40 of these regulations, which may also be imposed by the administrative department for industry and commerce.

Article 50 Any party, who is not agree with the administrative penalty decision made by the district or municipal administrative department, may apply for review to the municipal relevant competent department or the administrative review organ of municipal government within 15 days upon receiving the penalty decision, or bring a lawsuit before the people' s court directly.

In case that the party refuses to implement the penalty decision, and does not apply for review or bring a lawsuit in due time, the organ making the penalty decision shall apply to the people' s court for coercive implementation.

Article 51  Anyone, who violates these regulations, shall be investigated for criminal responsibility if a crime is constituted because of serious circumstance.

Chapter Eleven  Supplementary Provisions

Article 52 The provisions of measurement law, administrative regulations and regulations formulated by the administrative department of technology supervision of the State Council shall apply to the matter which is not regulated by these regulations.

Article 53  These regulations shall enter into effect as of May 1, 1994.