China Admin License on Quality Supervision, Inspection & Quarantine

[2013-01-09 15:52:23]



Section 3. Supervision of the Licensees

Article 52. The quality inspection agencies shall implement a follow-up supervision system on their licensees to ensure that the licensees maintain their conditions applicable to the administrative licensing.

Article 53. The quality inspection agencies shall maintain a supervisory file for each of their licensees.

Article 54. The quality inspection agencies shall timely verify and dispose any found-out illegal conduct by their licensees and report the illegal facts and penalty to higher-rank or governing inspection agencies.

Article 55. The quality inspection agencies may by law inspect the licensees' documents, products, and operation sites.

Article 56. During the course of their inspection, the quality inspection agencies shall not hinder the normal business activities of the licensees and must not seek any property or other benefits from the licensees.

Chapter 5. Legal Liabilities

Article 57. Under any of the following breaches, the higher-rank inspection agencies shall order its correction within a deadline and criticize for it publicly:

(1) Failure to publicize relevant information of the administrative licensing as per Article 4 herein;

(2) Failure to uniformly process the licensing applications and deliver the licensing decisions as per Article 5 herein;

(3) Regarding entrusted administrative licensing, failure to publicize the main contents of the Letters of Entrustment or their alteration, suspension or termination;

(4) Failure to publicize the deadline or procedure of applications for the licensing alteration and extension and the legal consequences from overdue applications thereof;

(5) Failure to fulfill follow-up supervisions over the licensing or compile the licensing supervision files as per these Measures.

Article 58. Under any of the following breaches, the quality inspection agencies shall carry out corrections and public criticism and impose legal liabilities on directly responsible personnel:

(1) Collection of licensing fees without legal ground or out of accordance with legal items and standards;

(2) Regarding termination of the licensing, failure to return the licensing fees as regulated herein;

(3) Failure to conduct the licensing withdrawal, revocation or elimination as regulated herein, causing serious consequences;

(4) Hindrance in examinees' normal business activities or acceptance of illegal property and other benefits;

(5) Failure to fulfill the follow-up supervision or report any found-out illegal acts as regulated herein;

Article 59. Where, in breach of Article 10 herein, the trustee misconducts the licensing by overstepping its jurisdiction entrusted or re-entrusting other organizations and individuals, the trustor shall order it to correct and impose administrative penalty on directly responsible personnel.

Article 60. Where, in breach of Article 23 herein, the professional technology organizations misconduct in the entrusted test, inspection, quarantine and appraisal tasks, the quality inspection agencies shall order their corrections and impose penalty as regulated;

The professional technology organizations entrusted shall undertake compensation for their damage to legitimate rights and interests of the interested parties.

Article 61. Where the licensees fail to maintain the conditions required for their licensed operations, or refuse to cooperate with governing supervision and inspection, the quality inspection agencies shall impose on them administrative penalty of not more than CNY Thirty Thousand (30,000) or even revoke the licenses granted to them.

Chapter 6 Supplementary Provisions

Article 62. The quality inspection agencies shall use uniform standard licensing documents; and any materials produced from their licensing shall be archived as per state regulations.

Article 63. With exception of that of announcements, the time limit of the administrative licensing herein shall be counted with workdays excluding Chinese legal holidays.

Article 64. There Measures shall also be applied to the administrative licensing conducted by China Certification and Accreditation Administration and other officially authorized organizations.

Article 65. There Measures shall come into force on January 1, 2013 along with the simultaneous repeal of the Measures on Entrustment of Administrative Licensing for Quality Supervision, Inspection and Quarantine (under the AQSIQ Decree No. 64);

These Measures shall prevail over the administrative licensing regulations released by the AQSIQ before January 1, 2013.

Source: ETCN
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