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Adopted at the 30th Meeting of the Standing Committee of the
Seventh National People's Congress on February 22,1993
Chapter I
General Provisions9
Article 1
This law is enacted to strengthen the supervision and control
over product quality,to define the liability relating thereto,to
protect the legitimate rights and interests of users and consumers
and to safeguard the socio-economic order.
Article 2
Activities of production and sale of any product conducted
within the territory of the People's Republic of China must
abide by this Law.
"Product"referred to in this Law means a product
which is processed or manufactured for the purpose of sale.
This Law shall not apply to construction projects.
Article 3
Producers and sellers shall be liable for product quality
in accordance with this Law.
Article 4
It is prohibited to forge or unlawfully use attested -quality
marks,famous-and-excellent-product marks and other product
quality marks;it is prohibited to forge the origin of a product,to
forge or unlawfully use the name and address of a factory
of another producer; and it is prohibited to mix impurities
or imitations into products that are produced or to be sold,or
pass a fake product off as a genuine one,or defective product
off as a high-quality one.
Article 5 The State shall encourage the popularization of
scientific methods in product quality control and the adoption
of advanced science and technology.The State shall encourage
enterprises to make their product quality come up to and even
surpass their respective trade standards,the national and
international standards. Units and individuals that have made
outstanding achievements in ensuring advanced product quality
control and in raising product quality to the advanced international
standards shall be awarded.
Article 6
The department in charge of supervision and control over product
quality under the State Council shall be responsible for supervision
and control over product quality throughout the country. The
relevant departments under the State Council shall be responsible
for supervision and control over product quality within the
scope of their respective functions and responsibilities.
The administrative departments responsible for supervision
over product quality in the local people's governments at
or above the county level shall be in charge of supervision
and control over product quality within their administrative
regions.The relevant departments in the local people's governments
at or above the county level shall be in charge of supervision
and control over product quality within their respective functions
and responsibilities.
Chapter II
Supervision and Control over Product Quality
Article 7
The quality of a product shall be inspected and proved up
to the standards.No sub-standard product shall be passed off
as a product up to the standards.
Article 8
Industrial products constituting possible threats to the health
or the safety of human life and property must be in compliance
with the national standards and trade standards laid down
with a view to safeguarding the health or the safety of human
life and property;In the absence of such national standards
or trade standards,the product must meet the requirements
for safeguarding the health or the safety of human life and
property.
Article 9
The State shall practise an attestation system of enterprise
quality scheme according to the international quality control
sandards in general use.An enterprise may on voluntary basis
apply to the department in charge of supervision and control
over product quality under the state council or an attestation
agency approved by a department authorized by the department
in charge of supervision and control over product quality
under the State Council for enterprise quality scheme attestation.The
attestation agency shall issue a certificate of enterprise
quality scheme attestation to the enterprise which has passed
the attestation.
The State shall practise a product quality attestation system
by taking reference to the international advanced product
standards and technical requirements.An enterprise may on
voluntary basis apply to the department in charge of supervision
and control over product quality under the State Council or
to an attestation agency approved by a department authorized
by the department in charge of supervision and control over
product quality under the State Council for product quality
attestation. The attestation agency shall issue a product
quality attestation certificate to the enterprise which has
passed the attestation and permit it to use product quality
attestation marks on its products or the packages thereof.
Article 10
The State shall,with respect to product quality, enforce a
supervision and inspection system with random checking as
its main form.Products constituting threats to the health
or the safety of human life and property, important industrial
products which have a bearing on the national economy and
the people's livelihood,and products with quality problems
as reported by users, consumers or relevant organizations
shall be subjected to random checking.The supervision and
random checking shall be planned and organized by the department
in charge of supervision and control over product quality
under the State Council.The administrative departments responsible
for supervision over product quality of the local people's
governments at or above the county level may also organize
supervision and random checking within their respective administrative
regions.However,overlapping random checking shall be avoided.The
results of random checking of product quality shall be made
public.Where the law provides otherwise with resp
ect to the supervision over and inspection of product quality,the
provisions of such law shall apply.
Products may be inspected if the supervision and random checking
of such products so require,but no checking fees shall be
charged from the enterprises concerned.Expenses incurred for
the supervision and random checking shall be placed on the
budget in accordance with the relevant regulations of the
State Council.
Article 11
Product testing and inspection institutions must have appropriate
testing facilities and capabilities,and shall undertake the
work of testing and inspection of product quality only after
being appraised and endorsed by a department in charge of
supervision and control over product quality under the people's
government at or above the provincial level or an organization
authorized by the department. Where the laws,administrative
rules and regulations provide otherwise with respectto the
institutions for testing and inspection of product quality,the
provisions of such laws,rules and regulations shall apply.
Article 12
Users and consumers shall have the right to make inquiries
to the producers and sellers about the quality of their products.Where
a complaint is made to a depart- ment in charge of supervision
and control over product quality or to an administrative department
for industry and commerce or to any other department concerned,such
department shall be responsible for handling the case.
Article 13
Social organizations responsible for the protection of the
rights and interests of consumers may,with respect to matters
concerning product quality as reported by consumers,suggest
to the departments concerned that they handle the matters,and
may give support to consumers in bringing a suit to a people's
court with respect to the damage caused by quality problems
of products.
Chapter III
Liability and Obligation of Producers and Sellers
Concerning Product Quality
Section 1
Liability and Obligation of Producers
Concerning Product Quality
Article 14
Producers shall be liable for the quality of the products
they produce.
The products shall meet the following quality requirements:
(1)being free from unreasonable dangers threatening the safety
of human life and property, and conforming to the national
standards or the trade standards laid down with a view to
safeguarding the health or the safety of human life and property
where there are such standards; (2)possessing the properties
and functions that they ought to possess,except for those
with directions stating their functional defects; (3)conforming
to the product standards marked on the products or on the
packages thereof,and to the quality conditions indicated by
way of product directions, samples,etc.
Article 15
All marks on the products or on the packages thereof shall
meet the following requirements: (1)with certificate showing
that the product has passed quality inspection; (2)with name
of the product,name and address of the factory that produced
the product,all marked in Chinese; (3)with corresponding indications
regarding the specifications and grade of the product,and
the main ingredients and their quantities contained in the
product, where such particulars are to be indicated according
to the special nature and instructions for use of the product;
(4)with production date,safe-use period or date of invalidity
if the product is to be used within a time limit; (5)with
warning marks or statements in Chinese for products which,if
improperly used,may cause damage to themselves,or may endanger
the safety of human life or property. Food products without
package and other non-packed products which are difficult
to be marked because of their special nature may dispense
with product marks.
Article 16
The packages of poisonous products,dangerous products, fragile
products,products that should be kept upright during storage
and transportation and other products with special requirements
must meet the corresponding requirements and carry warning
marks or statements in Chinese indicating directions for storage
and transportation.
Article 17
No producer may produce any product that has been officially
eliminated by the State.
Article 18
No producer may forge the origin of a product,nor forge or
unlawfully use another producer's name and address.
Article 19
No producer may forge or unlawfully use another producer's
attested marks,famous-and-excellent-product marks or other
product quality marks.
Article 20
In producing products,producers may not mix impurities or
imitations into the products,nor substitute a fake product
for a genuine one,a defective product for a highquality one,nor
pass a substandard product off as a good-quality one.
Section 2
Liability and Obligation of Sellers
Concerning Product Quality
Article 21
A seller shall practise a check-for-acceptance system while
replenishing his stock,and examine the qualitycertificates
and other marks.
Article 22
A seller shall adopt measures to keep the products for sale
in good quality.
Article 23
A seller may not sell invailid or deteriorated pro- ducts.
Article 24
The marks of a seller's products shall conform to the provisions
of Article 15 of this law.
Article 25
A seller may not forge the origin of a product,nor forge or
unlawfull use another producer's name and address.
Article 26
A seller may not forge or unlawfully use another producer's
attested marks,famous-and-excellent-product marks orother
product quality marks.
ARTICLE 27
In selling products,sellers may not mix impurities or imitations
into the products,nor substitute a fake product for a genuine
one,a defective product for a high-quality one,nor pass a
substandard product off as a good-quality one.
Chapter IV
Compensation for Damage
Article 28
A seller shall be responsible for repair or change of the
product,or for refund of the purchase price if the product
he sold is under any of the following circumstances,and,the
seller shall compensate for the loss of the users or consumers
if a loss has been caused thereby:
(1)not having the functions it ought to have,and no prior
explanation thereabout being given by the seller;
(2)not conforming to the product standards marked on the product
or its package;
(3)not conforming to the quality conditions indicated by way
of product directions or sample.
After the repair,change,refund or compensation has been made
according to the provisions of the preceding paragraph, if
the liability is attributed to the producer or to another
seller who had supplied the product(hereinafter referred to
as supplier),the seller shall have the right to recover his
losses from the producer or the supplier.
Where a seller fails to make the repair,change,refund or compensation
in accordance with the provisions in the first paragraph,the
department in charge of supervision over product quality or
the administrative department for industry and commerce shall
order the seller to make rectification.
Where the sale contract or processing contract concluded between
a producer and another,a seller and another or between a producer
and a seller provides otherwise, the parties concerned shall
act in accordance with the provisions of the contract.
Article 29
A producer shall be liable for compensation if his defective
product causes damage to human life or property other than
the defective product itself(hereinafter referred to as another
person's property).
A producer shall not be liable for compensation if he can
prove the existence of any of the following circumstances:
(1)The product has not been put in circulation;
(2)The defect causing the damage did not exist at the time
when the product was put in circulation;
(3)The science and technology at the time the product was
put in circulation was at a level incapable of detecting the
defect.
Article 30
Where damage to human life or another person's property is
due to a product's defect caused by the fault of a seller,the
seller shall be liable for compensation.
Where the seller can identify neither the producer of the
defective product nor the supplier thereof,the seller shall
be liable for compensation.
Article 31
Where a defective product causes damage to human life or another
person's property,the victim may claim compensation from the
producer and may also claim compensation from the seller of
such product. Where the liability falls on the producer,but
the seller has made the compensation,the seller shall have
the right to recover the loss from the producer.Where the
liability falls on the seller,but the producer has made the
compensation,the producer shall have the right to recover
the loss from the seller.
Article 32
Where bodily injury is caused by a product due to its defect,the
infringer shall compensate for the medical expenses of the
infringed,the decreased earnings due to the loss of his working
time as well as the subsistence allowance if the infringed
is disabled;where such defect causes the death of the infringed,the
infringer shall also pay the funeral expenses,the pension
for the family of the deceased and the living expenses necessary
for any other person(s) supported by the deceased before his
death.
Where damage to the property of the infringed is caused due
to the defect of a product,the infringer shall restore the
damaged property to its original state, or pay compensation
at the market price,and the infringer shall also compensate
for other serious losses of the infringed suffering therefrom.
Article 33
The limitation period for bringing an action claiming for
compensation with respect to the damage resulting from the
defect of a product is two years,counting from the day on
which the party concerned knows of or should know of the infringement
of his rights and interests.
The right to claim for compensation with respect to the damage
resulting from the defective product shall be forfeited upon
the expiry of a period of ten years from the day on which
the defective product causing the damage is delivered to the
first user or consumer,except where the clearly stated period
for safeuse has not expired.
Article 34
"Defect"referred to in this Law means the unreasonable
danger existing in a product which endangers the safety of
human life or another person's property; where there are national
or trade standards laid down with a view to safeguarding the
health of people and the safety of human life and property,"defect"means
any inconformity to such standards.
Article 35
Where a civil dispute concerning product quality arises,the
parties concerned may seek a settlement through negotiation
or mediation.Should the parties be unwilling to resort to
negotiation and mediation, or the negotiation and mediation
be unsuccessful,they may apply to an arbitration organization
for arbitration as agreed upon between the parties;where the
parties fail to reach any such arbitration as agreed upon
between the parties;where the parties fail to reach any such
arbitration agreement,the case may be brought before a people's
court.
Article 36
The arbitration organization or the people's court may entrust
an organization in charge of product quality inspection,as
specified in Article 11 of this Law, with the conduct of a
product quality inspection.
Chapter V
Penalty Provisions
Article 37
Where products produced do not comply with the relevant national
or trade standards laid down with a view to safeguarding the
health and safety of human life and property,the producer
shall be ordered to stop the production,the products and earnings
illegally produced and made shall be confiscated.And,a fine
from twice to five times the value of the unlawful earnings
shall be imposed concurrently,and the business licence may
be revoked;if the act constitutes a crime, criminal responsibility
shall be investigated according to law.
Where products sold do not comply with the relevant national
or trade standards laid down with a view to safeguarding the
health and safety of human life and property,the seller shall
be ordered to stop the sale.If a seller who,clearly knowing
the products which do not comply with the relevant national
or trade standards laid down with a view to safeguarding the
health and safety of human life and property,intentionally
sells,the products for illegal sale and the unlawful earnings
thus made shall be confiscated.And,a fine from twice to five
times the unlawful earnings shall be imposed concurrently,and
the business licence may be revoked;if the act constitutes
a crime,criminal responsibility shall be investigated according
to law.
Article 38
Where a producer or a seller mixes impurities or imitations
into a product,or passes a fake product off as a genuine one,or
passes a defective product off as a high-quality one,or passes
a substandard product off as a good-quality one,the producer
or seller shall be ordered to stop production or sale,the
unlawful earnings shall be confiscated.And,a fine from twice
to five times his unlawful earnings shall be imposed concurrently,
and the business licence may be revoked;if the act constitutes
a crime, criminal responsibility shall be investigated according
to law.
Article 39
Where a product which has been officially eliminated by the
State is produced,the producer shall be ordered to stop the
production,the products and earnings illegally produced and
made shall be confiscated. And ,a fine from twice to five
times the unlawful earnings shall be imposed concurrently,and
the business licence may be revoked.
Article 40
Where invalid or deteriorated products are sold,the seller
shall be ordered to stop the sale,the products for illegal
sale and the unlawful earnings shall be confiscated.And,a
fine from twice to five times the unlawful earnings shall
be imposed concurrently,and the business licence may be revoked;if
the act constitutes a crime,criminal responsibility shall
be investigated according to law.
Article 41
Where a producer or a seller forges the origin of a product
or unlawfully uses another producer's name and address,or
forges or unlawfully uses attested marks,famous-and-excellent-product
marks or other product quality marks,the producer or seller
shall be ordered to make public rectification,and the unlawful
earnings shall be confiscated;a fine may be imposed concurrently.
Article 42
Where anyone sells or purchases products mentioned in Articles
37 to 40 of this Law by offering or accepting bribes or other
unlawful means and if the act constitutes a crime,criminal
responsibility shall be investigated according to law.
Article 43
Where the marks of a product do not comply with the provisions
of Article 15 of this Law,the producer or seller concerned
shall be ordered to make rectification;where the marks of
the packed products do not comply with the provisions of item(4)and(5)of
Article 15 of this Law and if the case is serious, the producer
or seller concerned may be ordered to stop production or sale.And,a
fine from 15% to 20% of the unlawful earnings may be imposed
concurrently.
Article 44
Whoever forges inspection data or inspection conclusion of
a product shall be ordered to make rectification, and a fine
from twice to three times the inspection fee may be imposed.If
the circumstance is serious, the business licence shall be
revoked;where the act constitutes a crime,the person held
directly esponsible shall be investigated for criminal responsibility
by applying mutatis mutandis the provisions of Article 167
of the Criminal Law.
Article 45
An administrative sanction in form of revocation of business
licence as provided for in this Law shall be decided by the
administrative department for industry and commerce,while
other administrative sanctions shall be decided by the department
responsible for supervision over product quality or the administrative
department for industry and commerce according to the functions
and powers prescribed by the State Council.Where the laws
or administrative regulations provide otherwise as to the
authorities exercising the power of dministrative sanctions,the
relevent provisions of such laws and administrative regulations
shall apply.
Article 46
If a party is not satisfied with the decision on administrative
sanction,it may,within 15 days of the receipt of the sanction
notice,apply for reconsideration to the authorities at the
next higher level to the authorities that have made the decision
on sanction;the party may also bring a suit in a people's
court directly within 15 days of the receipt of the sanction
notice.
The authorities responsible for reconsideration shall make
a reconsideration decision within 60 days of the receipt of
the application for reconsideration. If a party concerned
is not satisfied with the reconsideration decision,it may
bring a suit in a people's court within 15 days of the receipt
of such decision.If no decision has been made by the authorities
responsible for reconsideration upon the expiry of the time
limit,the party concerned may bring an action in a people's
court within 15 days of the expiry of the time limit for reconsideration.
If the party concerned do not apply for reconsideration, nor
bring a suit in a people's court upon the expiry of the time
limit,nor carry out the decision on sanction, the authorities
that have made the decision on sanction may apply to the people's
court for compulsory enforcement.
Article 47
Any State functionary engaged in the work of supervision and
control over product quality,who abuses power,neglects duty,engages
in malpractice for private benifit,shall be investigated for
criminal responsibility if his act constitutes a crime;if
his act does not constitute a crime,he shall be subjected
to administrative sanction.
Article 48
Any State functionary who clearly knows that an enter- prise,institution
or individual has committed criminal actions in violation
of this Law,and takes advantage of his position to protect
the offenders intentionally from prosecution,shall be investigated
for criminal responsibility according to law.
Article 49
Whoever obstructs,by means of violence or intimi- dation,State
functionaries engaged in the work of supervision and control
over product quality from carrying out their duties according
to law shall be investigated for criminal resposibility in
accordance with the provisions of Article 157 of the Criminal
Law;whoever refuses or impedes,without resorting to violence
or intimidation,State functionaries engaged in the work of
supervision and control over product quality to carry out
their duties shall be punished by the public security organs
in accordance with the relevant provisions of the Regulations
on Administrative Penalties for Public Security.
Chapter VI
Supplementary Provisions
Article 50
Measures for supervision and control over quality of military
industrial products shall be formulated separately by the
State Council and the Central Military commission.
Article 51
This Law shall come into force as of September 1,1993.
Appendix The articles 167 and 157 of the Criminal Law of the
People's Republic of China. Article 167
Whoever forges,alters,steals,forcibly seizes or destroys the
official documents,certificates or seals of stateorgans,enterprises,institutions
or people's organizations shall be sentenced to fixedterm
imprisonment of not more than three years,criminal detention,public
surveillance or deprivation of political rights;if the circumstances
are serious, he shall be sentenced to fixed-term imprisonment
of not less than three years and not more than ten years.
Article 157
Whoever by means of force or threat obstructs a state functionary
from carrying out his functions according to law or refuses
to carry out legally effective judgements or orders of people's
courts shall be sentenced to fixedterm imprisonment of not
more than three years,criminal detention,a fine or deprivation
of political rights.
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