2022-05-19 11:17:29
Standardization law of the people's Republic of China
Chapter I General Provisions
Article 1 this law is formulated for the purpose of developing the socialist commodity economy, promoting technological progress, improving product quality, improving social and economic benefits, safeguarding the interests of the state and the people, and adapting standardization work to the needs of socialist modernization and the development of foreign economic relations.
Article 2 standards shall be formulated for the following technical requirements that need to be unified:
（1） The variety, specification, quality, grade or safety and hygiene requirements of industrial products.
（2） Methods of design, production, inspection, packaging, storage, transportation and use of industrial products, or safety and health requirements in the process of production, storage and transportation.
（3） Various technical requirements and inspection methods related to environmental protection.
（4） Design, construction methods and safety requirements of construction projects.
（5） Technical terms, symbols, codes and drawing methods related to industrial production, engineering construction and environmental protection.
Important agricultural products and other items requiring standards shall be prescribed by the State Council.
Article 3 the task of standardization is to formulate standards, organize the implementation of standards and supervise the implementation of standards.
Standardization work shall be incorporated into the national economic and social development plan.
Article 4 the State encourages the active adoption of international standards.
Article 5 the administrative department for standardization under the State Council shall be in charge of the unified administration of standardization throughout the country. The relevant competent administrative departments under the State Council shall be responsible for the standardization work of their own departments and industries.
The standardization administrative departments of provinces, autonomous regions and municipalities directly under the central government shall uniformly manage the standardization work in their respective administrative regions. The relevant administrative departments of the governments of provinces, autonomous regions and municipalities directly under the central government shall manage the standardization work of their own departments and industries within their respective administrative areas.
The municipal and county administrative departments in charge of standardization and the relevant administrative departments shall, in accordance with their respective functions and duties prescribed by the governments of provinces, autonomous regions and municipalities directly under the central government, administer the standardization work within their respective administrative areas.
Chapter II Formulation of standards
Article 6 national standards shall be formulated for technical requirements that need to be unified throughout the country. National standards shall be formulated by the administrative department for standardization under the State Council. Industrial standards may be formulated for technical requirements that have no national standards and need to be unified within a certain industry throughout the country. Industrial standards shall be formulated by the relevant competent administrative departments under the State Council and reported to the competent administrative department for standardization under the State Council for the record. After the national standards are published, the industrial standards shall be abolished. Local standards may be formulated for the safety and hygiene requirements of industrial products that have no national or industrial standards and need to be unified within the scope of provinces, autonomous regions and municipalities directly under the central government. Local standards shall be formulated by the standardization administrative departments of provinces, autonomous regions and municipalities directly under the central government and reported to the standardization administrative department under the State Council and the relevant administrative departments under the State Council for the record. After the national standards or industrial standards are published, the local standards shall be abolished.
Where there are no national or industrial standards for the products produced by an enterprise, the enterprise standards shall be formulated as the basis for organizing production. The product standards of enterprises shall be reported to the standardization administrative department and relevant administrative departments of the local government for the record. Where there are national or industrial standards, the State encourages enterprises to formulate enterprise standards that are stricter than national or industrial standards and apply them within enterprises.
Where there are other provisions in the law on the formulation of standards, the provisions of the law shall prevail.
Article 7. National and industrial standards are divided into mandatory standards. The standards for safeguarding human health and personal and property safety, as well as the mandatory standards stipulated by laws and administrative regulations, are mandatory standards, and other standards are recommended standards.
The local standards for the safety and hygiene requirements of industrial products formulated by the competent administrative departments for standardization of provinces, autonomous regions and municipalities directly under the central government are mandatory standards within their respective administrative regions.
Article 8 the formulation of standards shall be conducive to ensuring safety and people's health, protecting the interests of consumers and protecting the environment.
Article 9 the formulation of standards shall be conducive to the rational use of national resources, the popularization of scientific and technological achievements, the improvement of economic benefits, meet the use requirements, facilitate the general exchange of products, and be technologically advanced and economically reasonable.
Article 10 the formulation of standards shall achieve the coordination and matching of relevant standards.
Article 11 the formulation of standards shall be conducive to promoting foreign economic and technological cooperation and foreign trade.
Article 12 in formulating standards, the role of trade associations, scientific research institutions and academic organizations shall be brought into play.
The Department formulating standards shall organize a standardization technical committee composed of experts to be responsible for the drafting of standards and participate in the examination of draft standards.
Article 13 after the implementation of the standards, the Department formulating the standards shall conduct a timely review in accordance with the needs of scientific and Technological Development and economic construction, so as to confirm that the current standards continue to be effective or be revised or abolished.
Chapter III Implementation of standards
Article 14 mandatory standards must be implemented. The production, sale and import of products that do not meet the mandatory standards are prohibited. The State encourages enterprises to adopt the recommended standards voluntarily.
Article 15 for products with national or industrial standards, enterprises may apply to the competent administrative department for standardization under the State Council or the department authorized by the competent administrative department for standardization under the State Council for product quality certification. If the product passes the certification, the certification department shall grant the certification certificate and permit the use of the specified certification mark on the product or its package.
Products that have obtained certification certificates that do not meet national or industrial standards, and products that have not been certified or fail to pass the certification shall not be sold out of the factory with certification marks.
Article 16 the technical requirements of export products shall be implemented in accordance with the provisions of the contract.
Article 17 when developing new products, improving products and carrying out technological transformation, an enterprise shall meet the requirements of standardization.
Article 18 the administrative department for standardization of the government at or above the county level shall be responsible for supervising and inspecting the implementation of standards.
Article 19 The competent administrative department for standardization of the government at or above the county level may, as necessary, set up inspection institutions or authorize the inspection institutions of other units to inspect whether products meet the standards. Where there are other provisions on inspection institutions in laws and administrative regulations, the provisions of laws and administrative regulations shall prevail.
In dealing with disputes over whether the products comply with the standards, the inspection data of the inspection institution specified in the preceding paragraph shall prevail.
Chapter IV Legal Liability
Article 20 Whoever produces, sells or imports products that do not meet the mandatory standards shall be dealt with according to law by the competent administrative departments prescribed by laws and administrative regulations. If there are no provisions in laws and administrative regulations, the administrative department for Industry and Commerce shall confiscate the products and illegal income and impose a fine; If serious consequences are caused and a crime is constituted, the person directly responsible shall be investigated for criminal responsibility according to law.
Article 21 Where a product that has been granted a certification certificate does not meet the national or industrial standards and uses the certification mark for ex factory sales, the competent administrative department for standardization shall order it to stop sales and impose a fine; If the circumstances are serious, the certification certificate shall be revoked by the Certification Department.
Article 22 Where a product leaves the factory without certification or fails to pass the certification and uses the certification mark for sale, the competent administrative department for standardization shall order it to stop the sale and impose a fine.
Article 23 If a party is not satisfied with the punishment of confiscation of products, confiscation of illegal income and fine, he may, within 15 days from the date of receiving the notice of punishment, apply for reconsideration to the organ at the next higher level of the organ that made the punishment decision; If it is not satisfied with the reconsideration decision, it may bring a suit in a people's court within 15 days from the date of receiving the reconsideration decision. A party may also directly bring a suit in a people's court within 15 days from the date of receiving the notice of punishment. If a party neither applies for reconsideration or brings a suit in a people's court within the time limit, nor complies with the decision on punishment, the organ that made the decision on punishment shall apply to the people's court for compulsory execution.
Article 24 If the supervisors, inspectors and managers of standardization work violate the law, neglect their duties or engage in malpractices for personal gain, they shall be given administrative sanctions; If a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter V supplementary provisions
Article 25 the regulations for the implementation of this Law shall be formulated by the State Council.
Article 26 this Law shall enter into force as of April 1, 1989.
