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STANDARDIZATION
LAW OF THE PEOPLES REPUBLIC OF CHINA
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Adopted at the Fifth Meeting of
the Standing Committee of the Seventh National People's Congress
on December 29,1988
Contents
Chapter I General Provisions
Chapter II Formulation of Standards
Chapter III Implementation of Standards
Chapter IV Legal Responsibility
Chapter V Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is formulated with a view to developing the
socialist commodity economy,promoting technical progress,improving
product quality,increasing social and economic benefits,safeguarding
the interests of the State and the people and suiting standardization
to the needs in socialist modernization and in the development
of economic relations with foreign countries.
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 as well as the safety and sanitary requirements for
them;
(2)the design,production,inspection,packing,storage, transportation
and methods of operation of industrial products as well as the
safety and sanitary requirements for them in the process of
production,storage and transportation;
(3)technical requirements and testing methods related to environmental
protection;
(4)the designs,construction procedure and safety requirements
for construction projects; and
(5)technical terms,symbols,code names and drawing methods related
to industrial production,project construction and environmental
protection.
Major agricultural products and other items that need to be
standardized shall be designated by the State Council.
Article 3 The tasks of standardization shall include the formulation
of standards and organization of and supervision over the implementation
of the standards.
Standardization shall be incorporated in the plan for national
economic and social development.
Article 4 The State shall encourage the active adoption of international
standards.
Article 5 The department of standardization administration under
the State Council shall be in charge of the unified administration
of standardization throughout the country. Competent administrative
authorities under the State Council shall,in line with their
respective functions,be in charge of standardization in their
respective departments and trades. The departments of standardization
administration of provinces,autonomous regions and municipalities
directly under the Central Government shall be in charge of
the unified administration of standardization within their respective
administrative areas.Competent administrative authorities under
the governments of provinces,autonomous regions and municipalities
directly under the Central Government shall,in line with their
respective functions,be in charge of standardization in their
respective departments and trades within their respective administrative
areas.
The standardization administration departments and the competent
administrative authorities of cities and counties shall,in line
with their respective functions as assigned by the governments
of provinces,autonomous regions and municipalities directly
under the Central Government, be in charge of standardization
within their respective administrative areas. Chapter II Formulation
of Standards
Article 6 National standards shall be formulated for the technical
requirements that need to be unified nationwide.National standards
shall be formulated by the department of standardization administration
under the State Council. Where,in the absence of national Standards,technical
requirements for a certain trade need to be unified,trade standards
may be formulated.Trade standards shall be formulated by competent
administrative authorities under the State Council and reported
to the department of standardization administration under the
State Council for the record,and shall be annulled on publication
of the national standards.Where,in the absence of both national
and trade standards,safety and sanitary requirements for industrial
products need to be unified within a province,an autonomous
region or a municipality directly under the Central Government,local
standards may be formulated.Local standards shall be formulated
by departments of standardization administration of provinces,autonomous
regions and mun
icipalities directly under the Central Government and reported
to the department of standardization administration and competent
administrative authorities under the State Council for the record,and
shall be annulled on publication of the national or trade standards.
Where,in the absence of both national and trade standards for
products manufactured by an enterprise,standards for the enterprise
shall be formulated to serve as the criteria for the organization
of production.An enterprise's standards for its products shall
be reported to the standardization administration department
and the competent administrative authorities under the local
government for the record.Where national or trade standards
have been formulated,the State shall encourage enterprises to
formulate their enterprise standards,which are more stringent
than the national or trade standards,to be used in these enterprises.
Where the formulation of standards is otherwise provided for
by law,such legal provisions shall be complied with.
Article 7 National standards and trade standards shall be classified
into compulsory standards and voluntary standards.Those for
safeguarding human health and ensuring the safety of the person
and of property and those for compulsory execution as prescribed
by the laws and administrative rules and regulations shall be
compulsory standards,the others shall be voluntary standards.
The local standards formulated by standardization administration
departments of provinces, autonomous regions and municipalities
directly under the Central Government for the safety and sanitary
requirements of industrial products shall be compulsory standards
within their respective administrative areas.
Article 8 The formulation of standards shall be conducive to
ensuring safety and the people's health,safeguarding consumer
interests and protecting the environment.
Article 9 The standards to be formulated shall be conducive
to a rational use of the country's resources,a wider utilization
of scientific and technological gains and the enhancement of
economic returns,conform to operation instructions, increase
the universality and interchangeability of products, and be
technologically advanced and economically rational.
Article 10 The standards to be formulated shall be coordinated
with and supported by related standards.
Article 11 The standards to be formulated shall help promote
economic and technological cooperation with foreign countries
and foreign trade.
Article 12 The roles of trade associations,scientific research
institutions and academic organizations shall be brought into
play in the formulation of standards.
A department engaged in the formulation of standards shall organize
a committee on standardization technology composed of specialists,which
shall be responsible for the drafting of the standards and shall
participate in the examination of the draft standards.
Article 13 After the standards come into force,the department
that formulated them shall,in the light of scientific and technological
developments and the needs in economic construction,make timely
reviews of the current standards to determine if they are to
remain effective or are to be revised or annulled.
Chapter III Implementation of Standards
Article 14 Compulsory standards must be complied with.It shall
be prohibited to produce,sell or import products that are not
up to the compulsory standards.With regard to voluntary standards,the
State shall encourage their adoption by enterprises on an optional
basis.
Article 15 With respect to products for which national or trade
standards have been formulated, enterprises may apply to the
standardization administration department under the State Council
or agencies authorized by the same department for product quality
authentication. For products which are authenticated to conform
to the standards, certificates shall be issued by the department
that made the authentication and the use of the prescribed authentication
marks shall be permitted on such products and the packing thereof.
If products for which authentication certificates have been
granted do not conform to national or trade standards,or if
products have not undergone authentication or found not up to
the standards after the authentication proceedings,no authentication
marks shall be permitted for use on such products leaving factories
for sale.
Article 16 Technical requirements for export products shall
comply with contractual provisions.
Article 17 The development of new products,improvement of products
or technical renovation by an enterprise shall conform to standardization
requirements.
Article 18 Departments of standardization administration under
governments at or above the county level shall be responsible
for supervision over and inspection of the implementation of
the standards.
Article 19 Departments of standardization administration under
governments at or above the county level may,in accordance with
needs,establish inspection organizations or authorize inspection
organizations of other units to examine whether products conform
to the standards.Where the laws and administrative rules and
regulations provide otherwise on inspection organizations,such
provisions shall apply. Disputes over whether a product conforms
to the standards shall be handled in accordance with the inspection
data provided by the inspection organizations as specified in
the preceding paragraph.
Chapter IV Legal Responsibility
Article 20 Whoever produces,sells or imports products that do
not conform to the compulsory standards shall be dealt with
according to law by the competent administrative authorities
as prescribed by the laws and administrative rules and regulations.In
the absence of such prescriptions,his products and unlawful
proceeds shall be confiscated and he shall be concurrently fined
by the administrative authorities for industry and commerce;where
serious consequences are caused and crimes are constituted,the
person directly responsible shall be investigated for criminal
responsibility in accordance with the law.
Article 21 Where authentication marks are used on products leaving
a factory for sale,for which authentication certificates have
been issued but which do not conform to national or trade standards,the
enterprise concerned shall be ordered by the department of standardization
administration to stop the sale and shall be fined concurrently;where
the circumstances are serious,the authentication certificates
shall be revoked by the department that made the authentication.
Article 22 Whoever uses authentication marks,without authorization,on
products leaving a factory for sale,which have not undergone
authentication or have been found not up to the standards after
the authentication proceedings,shall be ordered by the department
of standardization administration to stop the sale and shall
concurrently be fined.
Article 23 A party which refuses to accept the punishment of
confiscation of its products and of its unlawful proceeds and
a fine may,within 15 days of receiving the penalty notice, apply
for reconsideration to the office immediately above the one
that made the punishment decision;a party which refuses to obey
the reconsideration decision may,within 15 days of receiving
the reconsideration decision,bring a suit before a people's
court.The party also may,within 15 days of receiving the penalty
notice,directly bring a suit before a people's court.If a party
neither applies for reconsideration nor brings a suit before
a people's court within the prescribed time nor complies with
the punishment decision,the office that made the punishment
decision shall apply to a people's court for compulsory execution.
Article 24 Personnel responsible for the supervision,inspection
and administration of standardization who violate the law or
neglect their duties,or are engaged in malpractices for personal
gains,shall be given disciplinary sanctions; where crimes are
constituted,their criminal responsibility shall be investigated
in accordance with the law.
Chapter V Supplementary Provisions
Article 25 Rules for the implementation of this Law shall be
formulated by the State Council.
Article 26 This Law shall go into effect as of April 1,1989.
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