2022-05-19 11:48:07
Standardization Law of the People's Republic of China
Chapter 1 General Provisions
Article 1 This Law is formulated for the purpose of developing the socialist commodity economy, promoting technological progress, improving product quality, enhancing social and economic benefits, safeguarding the interests of the country and the people, and adapting the standardization work to the needs of the socialist modernization drive 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 the industrial product.
(2) The methods of design, production, inspection, packaging, storage, transportation and use of industrial products or the safety and hygiene requirements during production, storage and transportation.
(3) Various technical requirements and inspection methods related to environmental protection.
(4) The design, construction method and safety requirements of the construction project.
(5) Technical terms, symbols, codes and drawing methods related to industrial production, engineering construction and environmental protection.
Important agricultural products and other items for which standards need to be formulated shall be prescribed by the State Council.
Article 3 The tasks of standardization work are to formulate standards, organize the implementation of standards and supervise the implementation of standards.
Standardization work should be incorporated into national economic and social development plans.
Article 4 The state encourages the active adoption of international standards.
Article 5 The standardization administrative department of the State Council shall uniformly manage the national standardization work. The relevant administrative departments of the State Council shall divide the labor and manage 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 manage the standardization work in their respective administrative regions in a unified manner. The relevant administrative departments of the governments of the provinces, autonomous regions and municipalities directly under the Central Government shall divide their work to manage the standardization work of their own departments and industries within their respective administrative regions.
The standardization administrative departments and relevant administrative departments of cities and counties shall, in accordance with their respective responsibilities stipulated by the governments of provinces, autonomous regions and municipalities directly under the Central Government, manage the standardization work within their respective administrative regions.
Chapter II Standard Formulation
Article 6 National standards shall be formulated for technical requirements that need to be unified nationwide. National standards are formulated by the standardization administrative department of the State Council. For technical requirements that do not have national standards but need to be unified within a certain industry in the country, industry standards can be formulated. Industry standards are formulated by the relevant administrative departments of the State Council and reported to the standardization administrative department of the State Council for the record. After the national standards are promulgated, the industry standards shall be abolished. Local standards may be formulated for the safety and sanitation requirements of industrial products that do not have national standards and industry standards but 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 shall be reported to the standardization administrative department of the State Council and the relevant administrative departments of the State Council for the record. After the publication of national standards or industry standards, the local standards shall be abolished.
If the products produced by the enterprise do not have national standards and industry standards, enterprise standards shall be formulated as the basis for organizing production. The company's product standards must be reported to the local government standardization administrative department and relevant administrative departments for the record. If there are existing national standards or industry standards, the state encourages enterprises to formulate enterprise standards that are stricter than national standards or industry standards, and apply them within the enterprise.
If the law has other provisions for the formulation of standards, the provisions of the law shall be followed.
Article 7 National standards and industry standards are divided into mandatory standards and recommended standards. The standards for safeguarding human health, personal and property safety, and the standards enforced by laws and administrative regulations are mandatory standards, while other standards are recommended standards.
The local standards for the safety and sanitation requirements of industrial products formulated by the standardization administrative departments 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 safeguarding 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 promotion of scientific and technological achievements, and the improvement of economic benefits, and shall meet the requirements for use, be conducive to the general exchange of products, and be technologically advanced and economically reasonable.
Article 10 The formulation of standards shall be coordinated with relevant standards.
Article 11 The formulation of standards shall be conducive to promoting foreign economic and technological cooperation and foreign trade.
Article 12 The role of industry associations, scientific research institutions and academic groups shall be brought into play when formulating standards.
The standard-setting department shall organize a standardization technical committee composed of experts to be responsible for the drafting of the standard and participate in the review of the draft standard.
Article 13 After the standard is implemented, the department that formulates the standard shall conduct a review in a timely manner according to the needs of scientific and technological development and economic construction to confirm that the current standard continues to be valid or to be revised or abolished.
Chapter 3 Implementation of Standards
Article 14 Mandatory standards must be implemented. Products that do not meet mandatory standards are prohibited from being produced, sold and imported. Recommended standards, the state encourages enterprises to voluntarily adopt them.
Article 15 For products with national standards or industry standards, enterprises may apply for product quality certification to the standardization administrative department of the State Council or the department authorized by the standardization administrative department of the State Council. If the certification is qualified, the certification department will issue a certification certificate, allowing the use of the specified certification marks on the product or its packaging.
Products that have obtained certification certificates that do not conform to national standards or industry standards, as well as products that have not been certified or fail to pass the certification, shall not be sold with the certification marks.
Article 16 The technical requirements for export products shall be implemented in accordance with the contract.
Article 17 Enterprises developing new products, improving products, and carrying out technological transformation shall meet the standardization requirements.
Article 18 The administrative department of standardization of the government at or above the county level shall be responsible for supervising and inspecting the implementation of the standard.
Article 19 The standardization administrative department of the government at or above the county level may set up inspection agencies as needed, or authorize inspection agencies of other units to inspect whether the products meet the standards. Where laws and administrative regulations provide otherwise for inspection agencies, the provisions of laws and administrative regulations shall be followed.
Disputes about whether the product conforms to the standard shall be handled by the inspection data of the inspection agency specified in the preceding paragraph.
Chapter IV Legal Liability
Article 20 Anyone who produces, sells, or imports products that do not meet the mandatory standards shall be dealt with in accordance with the law by the competent administrative department stipulated by laws and administrative regulations, and the products and illegal gains shall be confiscated by the administrative department for industry and commerce if the laws and administrative regulations do not provide for it. , and impose a fine; if serious consequences constitute a crime, the person directly responsible shall be investigated for criminal responsibility according to law.
Article 21 If a product for which a certification certificate has been granted does not conform to national standards or industry standards and is sold with the certification mark, the standardization administrative department shall order it to stop the sale and impose a fine; if the circumstances are serious, the certification department shall revoke its certification certificate .
Article 22 If a product is not certified or fails to pass the certification and uses the certification mark without authorization to leave the factory for sale, the standardization administrative department shall order it to stop the sale and impose a fine.
Article 23 If a party refuses to accept the punishment of confiscation of products, confiscation of illegal gains and fines, he or she may, within 15 days from the date of receiving the notice of punishment, apply for a reconsideration to the higher-level agency that made the punishment decision; If you are not satisfied, you may file a lawsuit in the people's court within 15 days from the date of receipt of the reconsideration decision. The party concerned may also directly file a lawsuit with the people's court within 15 days from the date of receiving the notice of punishment. If the party fails to apply for reconsideration within the time limit or does not file a lawsuit with the people's court and fails to perform the punishment decision, the organ that made the punishment decision shall apply to the people's court for compulsory execution.
Article 24 Supervisors, inspections, and managers of standardization work who violate the law and neglect their duties or commit malpractices for personal gain shall be given administrative sanctions; if a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter V Supplementary Provisions
Article 25 Regulations for the implementation of this Law shall be formulated by the State Council.
Article 26 This Law shall come into force on April 1, 1989.
