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 Beijing Zhonghuan environmental quality monitoring center professional third party environmental monitoring and testing agency
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Current position: Standardization Law of the people's Republic of China
Standardization law of the people's Republic of China
Date of issue: 2011-3-14 14:50:53 source: our website editor: admin

Chapter I General principles

Article 1 this law is formulated for the purpose of developing the socialist commodity economy, promoting technological progress, improving product quality, increasing 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 varieties, specifications, quality and grades of industrial products or the requirements for safety and hygiene.

(2) the methods for the design, production, inspection, packaging, storage, transportation and use of industrial products, or the safety and health requirements in the process of production, storage and transportation.

(3) technical requirements for 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 tasks of standardization work are 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 responsible for the unified administration of standardization work throughout the country. The relevant administrative departments under the State Council shall manage the standardization work of their own departments and industries according to their respective divisions of labor.

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, manage the standardization work in their respective administrative areas.
Chapter II standard formulation

Article 6 national standards shall be formulated for technical requirements that need to be unified nationwide. National standards shall be formulated by the administrative department for standardization under the State Council. For technical requirements that do not have national standards but need to be unified in a certain industry in the country, industry standards can be formulated. Trade standards shall be formulated by the relevant administrative departments under the State Council and reported to the administrative department for standardization under the State Council for the record. After the national standards are promulgated, the industrial standards shall be abolished. Local standards may be formulated for the safety and hygiene requirements of industrial products that do not have national and trade 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 shall be reported to the administrative department of standardization 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 products produced by an enterprise, enterprise standards shall be formulated as the basis for organizing production. The product standards of an enterprise shall be reported to the standardization administrative department and relevant administrative departments of the local government for the record. Where there are already national standards or industrial standards, the State encourages enterprises to formulate enterprise standards that are stricter than the national standards or industrial standards and apply them within the enterprises.

Where there are other provisions on the formulation of standards by law, the provisions of the law shall prevail.

Article 7 national standards and trade standards are divided into mandatory standards and recommended standards. The standards for the protection of human health and personal and property safety and the standards for compulsory enforcement 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 standardization administrative departments of provinces, autonomous regions and municipalities directly under the central government are compulsory standards within their respective administrative regions.

Article 8 the formulation of standards shall be conducive to ensuring safety and the health of the people, protecting the interests of consumers and protecting the environment.

Article 9 the formulation of standards shall be conducive to the rational use of state resources, the promotion of scientific and technological achievements, the improvement of economic benefits, the conformity with the requirements for use, the universal exchange of products, and the advancement in technology and the rationality in economy.

Article 10 standards shall be formulated in a coordinated manner.

Article 11 the formulation of standards shall be conducive to promoting foreign economic and technological cooperation and foreign trade.

Article 12 the role of trade associations, scientific research institutions and academic organizations shall be brought into full play in the formulation of standards.

The Department that formulates standards shall organize a standardization technical committee composed of experts to be responsible for drafting standards and participating in the examination of draft standards.

Article 13 after a standard is put into effect, the Department that formulates the standard shall, in accordance with the development of science and technology and the needs of economic construction, conduct a timely review to confirm that the current standard is still valid or revised or abolished.
Implementation of standards in Chapter 3 of this paragraph

Article 14 is mandatory. The production, sale and import of products that do not meet the compulsory standards shall be prohibited. The State encourages enterprises to adopt the recommended standards voluntarily.

Article 15 for products with national or industrial standards, an enterprise may apply to the administrative department for standardization under the State Council or a department authorized by the administrative department for standardization under the State Council for product quality certification. If the products pass the certification, the certification department shall grant the certification certificate and permit the use of the prescribed certification mark on the products or their packages.

If a product that has obtained a certificate of authentication does not conform to the national or industrial standards, or the product has not been certified or is not up to standard, the certification mark shall not be used for factory sale.

Article 16 the technical requirements for export products shall be implemented in accordance with the contract.

Article 17 enterprises shall meet the requirements of standardization in developing new products, improving products and carrying out technical transformation.

Article 18 the administrative departments for standardization under the governments at or above the county level shall be responsible for the supervision and inspection of the implementation of standards.

Article 19 the administrative departments for standardization under the governments at or above the county level may, according to their needs, set up inspection institutions or authorize inspection institutions of other units to inspect whether products meet the standards. If 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 conform to the standards, the inspection data of the inspection agency specified in the preceding paragraph shall prevail.
Chapter IV Legal Liability

Article 20 those who produce, sell or import products that do not conform to compulsory standards shall be dealt with by the competent administrative departments as prescribed by laws and administrative rules and regulations in accordance with the law. In the absence of such provisions, the administrative departments for Industry and Commerce shall confiscate the products and illegal income and concurrently impose a fine. If serious consequences are caused and a crime is constituted, the person directly responsible shall be investigated for criminal responsibility in accordance with the law.

Article 21 Where a product which has been granted a certificate of authentication does not conform to the national or industrial standards and uses the certification mark for sale, the administrative department of standardization shall order it to stop the sale and impose a fine; if the circumstances are serious, the certification department shall revoke the certification certificate.

Article 22 Where a product leaves the factory for sale without certification or substandard certification, the administrative department of standardization shall order it to stop selling and impose a fine.

Article 23 If a party refuses to accept the penalty of confiscating products, confiscating illegal income and imposing a fine, he may, within 15 days from the date of receiving the penalty notice, apply for reconsideration to the organ at the next higher level of the organ that made the decision on the penalty; if the party 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. The party concerned may also directly bring a suit in a people's court within 15 days from the date of receiving the notice of punishment. If the party concerned fails to apply for reconsideration or bring a suit in a people's court within the time limit, and fails to implement the penalty decision, the organ that made the decision on the penalty shall apply to the people's court for compulsory execution.

Article 24 the personnel in charge of supervision, inspection and management of standardization work who violate the law, neglect their duties or engage in malpractices for personal gain shall be given administrative sanctions; if a crime is constituted, criminal responsibility shall be investigated according to law.

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