Provisions for the Administration of Quality License for the Export of Light Ind

Provisions for the Administration of Quality License for the Export of Light Industrial Machinery and Electronic Products

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  1995.10.26



STATE ADMINISTRATION FOR THE INSPECTION OF IMPORT & EXPORT COMMODITY / MINISTRY OF LIGHT INDUSTRY



PROVISIONS FOR THE ADMINISTRATION OF QUALITY LICENSE FOR THE EXPORT OF



LIGHT INDUSTRIAL MACHINERY AND ELECTRONIC PRODUCTS



(Promulgated by the State Administration of Import and Export Commodity



Inspection and China National Council of Light Indistry on October 26,



1995)



                CONTENTS



CHAPTER I GENERAL PROVISIONS



CHAPTER II REQUIREMENTS FOR QUALITY LICENSE



CHAPTER III PROCEDURES FOR THE APPLICATION AND ISSUANCE OF QUALITY



LICENSE



CHAPTER IV SUPERVISION AND ADMINISTRATION



CHAPTER V SUPPLEMENTARY PROVISIONS



           CHAPTER I GENERAL PROVISIONS



Article 1 These Provisions are formulated in order to well carry out the



work of application, issuance of licenses and administration of quality



licenses for the export of light industrial machinery and electronic



products in accordance with the relevant provisions of the "Law of the



People's Republic of China on Import and Export Commodity Inspection"



and the relevant provisions prescribed by the State.



Article 2 These Provisions apply to all export of light industrial



machinery and electronic products, the catalog of the export of light



industrial machinery and electronic products under quality license shall



be published by the State Administration of Import and Export Commodity



Inspection (hereinafter referred to as the State Administration of



Commodity Inspection) and China National Council of Light Industry.



Article 3 The State Administration of Commodity Inspection and China



National  Council  of Light Industry shall  exercise  leadership,



organization coordination, supervision and administration on the work of



quality licenses for the export of light industrial machinery and



electronic products, accredit the inspection and testing units, examine



and approve the detailed rules for implementation and issue and revoke



the export quality license.



Article 4 The import and export commodity inspection authorities



directly under the State Administration of Commodity Inspection and the



light industrial bureaus, departments, the general association (the head



corporation) of the provinces, automonous regions,  municipalities



directly under the central government and cities practicing separate



plans (hereinafter referred to as the light industrial  bureaus,



departments) are in charge of the assessment on factories of the local



applying enterprises, supervision and administration over the export



quality licenses upon the entrustment of the State Administration of



Commodity Inspection and China National Council of Light Industry within



the validity period of the quality license.



Article 5 The inspection and testing on the export light industrial



machinery and electronic products under quality license shall be



conducted by the inspection and testing units subject to the examination



and accreditation jointly made by the State Administration of Commodity



Inspection and China National Council of Light Industry in accordance



with the relevant provisions or by the qualified laboratories.



Article 6 The inspection and testing units are in charge of inspection



and testing on products, formulate the implementing detailed rules on



quality license for the export of light industrial machinery and



electronic products, and may also join in the work of assessment on



factories.



Article 7 For those light industrial machinery and electronic products



under quality license, the enterprises, before exporting these products,



must obtain the quality license. No products shall be allowed to be



exported without such quality license. In some special circumstances,



these products subject to approval of the State Administration of



Commodity Inspection and China National Council of Light Industry may be



allowed for export. For those export of light industrial machinery and



electronic products under license, the local commodity inspection



authorities shall accept the application for inspection against the



quality license and the Customs shall check and release the exports upon



presentation of the inspection certificates or the releasing notices



issued by the commodity inspection authorities or the seals of the



commodity inspection authorities affixed on the Customs declaration.



       CHAPTER II REQUIREMENTS FOR QUALITY LICENSE



Article 8 The enterprises applying for the quality license must have a



complete quality assurance system in compliance with the stipulations



prescribed in the "Requirements for Assessment on Quality System of



Factories under Quality License for the Export of Light Industrial



Machinery and Electronic Products" (hereinafter referred to as the



Requirements for Assemssment on System).



Article 9 The export of light industrial machinery and electronic



products  applying for quality license must meet  the  following



requirements:



1. The products must conform to the standards set by the State or by the



trade;



2. The products without the standards set by the State or by the trade,



may conform to the standards set by the enterprises certificated by



China National Council of Light Industry according to the contractual



stipulations;



3. If the foreign trade contracts or agreements contain the inspection



standards and requirements, the products must meet such standards and



requirements agreed in the contracts or agreements;



4. If the products are processed according to supplied designs or



samples,  the quality of such products must meet the  technical



requirements jointly made by the export enterprises and the local



commodity inspection authorities according to the supplied designs and



samples.



The quality license obtained by the enterprises according to the



standards defined in items 2. 3. or 4 shall be only valid for the



special contracts.



Article 10 The packagings of the export of light industrial machinery



and electronic products must conform to the requirements set by the



Ministry  of Foreign Trade and Economic Cooperation, the  State



Administration of Commodity Inspection and China National Council of



Light Industry.



CHAPTER III PROCEDURES FOR THE APPLICATION AND ISSUANCE OF QUALITY



                LICENSE



Article 11 The export enterprises under quality license for the export



of light industrial products must apply for quality licenses to the



local commodity inspection authorities and take back the application



forms within the prescribed period of time according to the category,



variety or types of products. The application forms shall be uniformly



printed by China National Council of Light Industry and send to the



local commodity inspection authorities. The production enterprises shall



fill in the application forms in 6 copies. Subject to the written



comments made by their competent units and the light industrial bureaus



and departments, the copies of application forms together with one copy



of the practical quality manual or one copy of the quality control



documents shall be sent to the local commodity inspection authorities.



Thus samplings and sealing samples shall be conducted by the commodity



inspection authorities and the light industrial bureaus and departments



in accordance with the Implementation Detailed Rules on the Quality



License for the Export of Light Industrial Machinery and Electronic



Products.



Article 12 The samples drawn or sealed shall be sent to the inspection



and testing units by the production enterprises. The inspection and



testing units upon receipt of the samples drawn or sealed must complete



the inspection and testing on samples within 3 months. After making



their written comments on the application forms, they must submit the



application forms in 6 copies together with a copy of inspection and



testing report to the entrusting commodity inspection authorities.



Article 13 When making application, the following documents  and



materials shall be presented:



1. Copy of business licenes;



2. The practical quality manual or quality control documents;



3.  The  list of major equipment for  production,  technological



installation, instruments and meters;



4. The list of major equipment, instruments end meters, and tools for



inspection and testing;



5. The list of components and parts bought or supplied;



6. The product technical requirements specified in the contracts signed



between the enterprises and customers;



7. The requirements for packages of export products.



Article 14 Subject to qualified inspection and testing on samples, the



commodity inspection authorities and the light industrial bureaus and



departments, the relevant units etc. shall form an assessment group and



conduct the assessment on the factory quality system and make their



written comments of assessment. The assessment group shall be generally



composed of 3-5 assessors.



Article 15 For those qualified production enterprises through inspection



on products and assessment on factories, the commodity inspection



authorities shall send the application forms and copies, reports on



assessment of factories, reports on inspection and testing of products



together with the relevant materials to China National Council of Light



Industry.



Article 16 China National Council of Light Industry, after examing the



materials sent shall submit them to the State Administration of



Commodity Inspection for examination and approval, and give numbers.



Then, the State Administration of Commodity Inspection and China



National Council of Light Industry shall issue the quality license for



the export of light industrial products according to the varieties of



products. The validity period of a quality license is generally 5 years.



Article 17 The reduction and remission of assessment on factories and



inspection and testing on products:



1. For those production enterprises which have obtained the production



licenses apply for the quality license for the export of light



industrial products within one year (subject to the date of issuance of



the production licenses), the assessment on factories and inspection and



testing on products shall be reduced or remitted, if the contents of



assessment and standards for inspection and testing are same.



2. For those products subject to certification and random inspection



under supervision by the departments at the ministerial level, if the



inspection and testing units are same, the qualified items covered in



the same items shall not be required to be inspected or tested.



3. For those enterprises which have obtained the ISO 9001 and ISO 9002



certification certificates issued by the assessment  organizations



accredited by the working committee of the quality system (ISO 9000) of



the export production enterprises, the factories may be exempted from



assessment.



Article 18 The production enterprises when applying for reduction and



remission of assessment on factories conditions and inspection and



testing on products shall clearly state in the application forms reasons



for reduction and remission, and provide the necessary materials subject



to approval by the light industrial bureaus, departments and the local



commodity inspection authorities. The factories may be exempted from



assessment and products from inspection and testing respectively.



Article 19 For those products which have been granted the quality



licenses for the export of light industrial products, when great changes



have been taken place in the structure, technological processes,



production conditions and technical standards, etc., licenses shall be



renewed. When applying for quality license for new export products, they



must go through survey on products and types-finalizing. The quality of



products manufactured must be stable before application for quality



license is filed.



Article 20 When the quality of products through inspection and testing



fail to meet the required standards, the inspection and testing units



shall notify the application units and the local commodity inspection



authorities as well as the light industrial bureaus, departments. When



the enterprises fail to meet the standards for products quality for the



first time, it may reapply for license, after improvements are made



within 6 months. When it fails to meet the standards for the second



time, the application may be remade after one year.



Article 21 The production enterprises being granted the quality license



shall  remake the application to the local commodity  inspection



authorities 6 months before the expiration date of the license. The



formalities for this application are the same to those for the first



application.



        CHAPTER IV SUPERVISION AND ADMINISTRATION



Article 22 The commodity inspection authorities in the place where the



production enterprises located and the light industrial bureaus and



departments are in charge of supervision and administration on the



enterprises being granted the quality license for the export of light



industrial products. During the validity period of the quality license



for export of light industrial products, reexamination shall  be



conducted twice and if necessary, more examination shall be carried out



with the approval of the State Administration of Commodity Inspection



and China National Council of Light Industry.



Article 23 The enterprises being granted the quality license for the



export of light industrial products must report once a year to the local



commodity inspection authorities, the light industrial bureaus and



departments, the quality of export products and the situation of



examination by the enterprises themselves, and timely report the major



changes in technical requirements of the products, foreign claims for



compensation, goods returned and major quality accidents and the result



of handling to the local commodity inspection authorities and the light



industrial bureaus and departments.



Article 24 The quality license for the export of light industrial



products in any one of the following cases within the validity period



shall be revoked and withdrawn by the local commodity inspection



authorities and the light industrial bureaus and departments subject to



approval of the State Administration of Commodity Inspection and China



National Council of Light Industry.



1. Foreign reaction against the quality of products is strong and claims



for compensation are received twice or goods are returned twice and the



responsibility subject to investigation is affixed on the production



enterprises;



2. When the local commodity inspection authorities conduct inspection on



the export products, two out of five batches of products found are not



qualified;



3. Those products subject to reexamination are not qualified and do not



meet the requirements through improvements in 3 months.



Article 25 The enterprises which have been revoked the quality license



for the export of light industrial products may remake the application



from the date of revoking the quality license of the export of light



industrial products after 6 months.



Article 26 For cases of forging, altering, transferring and faking



quality license, responsibility shall be affixed on the person directly



responsible  according to the Commodity Inspection Law  and  the



Regulations for the Implementation of the Commodity Inspection Law,



apart  from revoking the quality license for the light industrial



products.



Article 27 For those exporting products under the quality license system



for the export of light industrial products without being granted the



quality license for the light industrial products, the person directly



responsible shall be prosecuted according to the Crimial Law.



Article 28 The working personnel responsible for inspection and testing



on products and assessment on factories must strictly abide by the



working discipline and "Rules on Honest and Self-Discipline".



          CHAPTER V SUPPLEMENTARY PROVISIONS



Article 29 The collection of fee of the export quality license must



follow the principle for lightening the burden on the enterprises and



seeking no profit. The standard for fee-collecting shall be carried out



according to the provisions by the state.



Article 30 The inspection and testing units when undertaking the



business  concerning the export quality license must use the uniform



stamps of the export quality license.



Article 31 These Provisions come into effect from the date  of



promulgation. The State Administration of Commodity Inspection and China



National  Council  of  Light Industry are  responsible  for  the



interpretation of these Provisions. If any documents published by the



State Administration of Commodity Inspection and China National Council



of Light Industry of the past are in conflict with these Provisions,



these Provisions shall prevail. The "Provisions for Examination on



Quality License for the Export of Light Industry Machinery  and



Electronic Products" shall be rescinded as of the same date.