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Adopted at the 12th Meeting of the Standing Committee of the
Sixth National People's Congress promulgated by Order No.28
of the President of the People's Republic of China on September
6,1985
Contents
Chapter I General Provisions
Chapter II Primary Standard Instruments of Measurement,Standard
Instruments of Measurement and Metrological Verification
Chapter III Administrative Control of Measuring Instruments
Chapter IV Metrological Supervision
Chapter V Legal Liability
Chapter VI Supplementary Provisions
Chapter 1 General Provisions
Article 1 This Law is formulated to strengthen the metrological
supervision and administration,to ensure the uniformity of
the national system of units of measurement and the accuracy
and reliability of the values of quantities, so as to contribute
to the development of production, trade and science and technology,to
meet the needs of socialist modernization and to safeguard
the interests of the state and the people.
Article 2 Within the territory of the People's Republic of
China, this Law must be abided by in establishing national
primary standards of measurement and standards of measurement,in
conducting metrological verification, and in the manufacture,repair,sale
or use of measuring instruments.
Article 3 The State shall adopt the International System of
Units(SI). The International System of Units and other units
of measurement adopted by the State shall be the national
legal units of measurement.The names and symbols of the national
legal units of measurement shall be promulgated by the State
Council. Non-national legal units of measurements shall be
abrogated.Measures for the abrogation shall be stipulated
by the State Council.
Article 4 The metrological administrative department of the
State Council shall exercise unified supervision over and
administration of metrological work throughout the country.
The metrological administrative departments of the local people's
government at and above the country level shall exercise supervision
over and administration of metrological work within their
respective administrative areas.
Chapter II Primary Standards of Measurement,Standards of Measurement
and Metrological Verification
Article 5 The metrological administrative department of the
State Council shall be responsible for establishing all kinds
of primary standards of mesaurement,which shall serve as the
ultimate basis for unifying the values of quantities of the
country.
Article 6 The metrological administrative departments of the
local people's governments at or above the county level may,
according to the needs of their respective areas,establish
public standards of measurement,which shall be put into use
after being checked and found to be qualified by the metrological
administrative department of the people's government at the
next higher level.
Article 7 The competent department concerned of the State
Council and the competent department concerned of the people's
governments of the provinces,autonomous regions,and municipalities
directly under the Central Government may, in light of their
own specific needs,establish standards of measurement for
their own use.The ultimate standards of measurement of each
kind shall be put into use after being checked and found to
be qualified by the metrological administrative authorities
of the people's government at the corresponding level.
Article 8 Enterprises or institutions may,according to their
needs, establish standards of measurement for their own use.The
ultimate standard of measurement of each kind shall be put
into use after being checked and found to be qualified by
the metrological administrative department of the people's
government concerned.
Article 9 The metrological administrative departments of the
people's governments at or above the county level shall make
compulsory verification of the public standards of measurement,the
ultimate standards of measurement used in the departments,enterprises
and institutions as well as the working measuring instruments
used in settling trade accounts,safety protection,medical
and health work,or environmental monitoring that are listed
in the compulsory verification catalogue.Those measuring instruments
which have not been submitted for verification as required
and those which have been checked and found to be unqualified
shall not be used.The catalogue of the working measuring instruments
subject to compulsory verification and the measures for the
administration of such instruments shall be stipulated by
the State Council.
Standards of measurement and working measuring instruments
other than those referred to in the preceding paragraph shall
be verified at regular intervals by the users themselves or
by the metrological verification institutions. The metrological
administrative departments of the people's governments at
or above the county level shall supervise and inspect such
verification.
Article 10 Metrological verification shall be conducted according
to the National Metrological Verification System.The National
Metrological Verification System shall be worked out by the
metrological administrative department of the State Council.Metrological
verification must be carried out in accordance with the regulations
governing metrological verification.The national metrological
verification regulations shall be formulated by the metrological
administrative department of the State Council.In the case
of certain instruments that are not covered in the national
metrological verification regulations,the competent departments
of the State Council and the metrological administrative departments
of the people's governments of provinces,autonomous regions,and
municipalities directly under the Central Government shall
respectively formulate departmental and local verification
regulations.Such verification regulations shall be submitted
to the metrological administrative department of the State
Council for th
e record.
Article 11 Metrological verification shall,according to the
principle of economy and rationality,be carried out on the
spot or in the vicinity.
Chapter III Administrative Control of Measuring Instruments
Article 12 An enterprise or institution which is to engage
in manufacturing or repairing measuring instruments must have
facilities,personnel and verification appliances appropriate
to the measuring instruments it is to manufacture or repair
and,after being checked and considered as qualified by the
metrological administrative department of the people's government
at or above the county level,obtain a Lincence for Manufacturing
Measuring Instruments or a Liense for Repairing Measuring
Instruments.
The administrative departments for industry and commerce shall
not issue a business licence to an enterprise engaged in manfacturing
or repairing measuring instruments which has not obtained
a Licence for Manufacturing Measuring Instruments or a Lincence
for Repairing Measuring Instruments.
Article 13 When an enterprise or institution manufacturing
measuring instruments undertakes to manufacture new types
of measuring instruments which it has not previously manufactured,such
measuring instruments may be put into production only after
the metrological performance of the sample products has been
checked and found to be qualified by the metrological administrative
department of a people's government at or above the provincial
level.
Article 14 Without the approval of the metrological administrative
department of the State Council,measuring instruments with
non-legal units of measurement which have been abrogated by
the State Council,and other measuring instruments which are
banned by the State Council,shall not be manufactured,sold
or imported.
Article 15 An enterprise or institution engaged in manufacturing
or repairing measuring instruments must verify the measuring
instruments it has manufactured or repaired,guarantee the
metrological performance of the products and issue certificates
of inspection for the qualified products. The metrological
administrative department of the people's governments at ot
above the county level shall supervise and inspect the quality
of the measuring instruments manufactured or repaired.
Article 16 Measuring instruments imported from abroad may
be sold only after having been verified and found to be up
to standard by the metrological administrative department
of the people's government at or above the provincial level.
Article 17 When using measuring instruments,no person shall
be allowed to impair their accuracy,thereby prejudicing the
interests of the State and consumers.
Article 18 Self-employed workers or merchants may manufacture
or repair simple measuring instruments.
Any self-employed worker or merchant who is to engage in manufacturing
or repairing measuring instruments may apply for a business
licence from the administrative department for industry and
commerce provided he has been tested and found to be qualified
by the metrological administrative department of a people's
government at the county level,and issued a Licence for Manufacturing
Measuring Instruments or a Licence for Repairing Measuring
Instruments.
The types of measuring instruments which can be manufactured
or repaired by selfemployed workers or merchants shall be
determined by the metrological administrative department of
the State Council,which shall also adopt measures for their
control.
Chapter IV Metrological Supervision
Article 19 The metrological administrative department of the
people's governments at or above the county level may,according
to their needs,appoint metrological supervisors.The measures
for the administration of the metrological supervisors shall
be formulated by the metrological administrative department
of the State Council.
Article 20 The metrological administrative department of the
people's governments at or above the county level may,according
to their needs,set up metrological verification organs or
authorize the metrological verification institutions of other
establishments to carry out compulsory verification and other
verification and testing tasks.
The personnel carrying out the tasks of verification and testing
mentioned in the preceding paragraph must be tested for their
qualifications.
Article 21 Any dispute over the accuracy of measuring instruments
shall be handled in accordance with the data provided after
verification with the national primary standards of measurement
or public standards of measurement.
Article 22 A product quality inspection agency which is to
provide notarial data on the quality of products for society
must be checked for its capability and reliabilityof metrological
verification and testing by the metrological administrative
department of a people's government at or above the provincial
level.
Chapter V Legal Liability
Article 23 Whoever without a Licence for Manufactured Measuring
Instruments or a Licence for Repairing Measuring Instruments
manufactures or repairs measuring instruments shall be ordered
to stop his production or business operations.His unlawful
income shall be confiscated and a fine may concurrently be
imposed.
Article 24 Whoever manufactures or sells a new type of measuring
instrument which has not been checked and found to be qualified
shall be ordered to stop the manufacture or sale of that new
product.His unlawful income shall be confiscated and he may
concurrently be punished by a fine.
Article 25 Whoever manufactures,repairs or sells unqualified
measuring instruments shall have his unlawful income confiscated
and a fine may concurrently be imposed.
Article 26 Whoever uses measuring instruments subject to compulsory
verification without having filed an application for verification
as required or continues to use measuring instruments which
have been checked but found to be unqualified shall be ordered
to stop the use and may concurrectly be punished by a fine.
Article 27 Whoever uses unqualified measuring instruments
or impairs the accuracy of measuring instruments,thus causing
losses to the State and consumers,shall be ordered to make
compensation for the losses and shall have his measuring instruments
and unlawful income confiscated and may concurrently be punished
by a fine.
Article 28 Whoever manufactures,sells or uses measuring instruments
for the purpose of deceiving consumers shall have his measuring
instruments and unlawful income confiscated and may concurrently
be punished by a fine.If the circumstances are serious,the
individual or the person in the unit who is directly responsible
shall be investigated for his criminal responsibility according
to the crimes of swindling or speculation.
Article 29 When any individual or unit,in violation of the
provisions of this Law,manufactures, repairs or sells unqualified
measuring instruments leading to people's injury or death
or causing major property losses,the individual or the person
in the unit who is directly responsible shall be investigated
for his criminal responsibility by reference to the provisions
of Acticle 187 of the Criminal Law.
Article 30 A metrological supervisor who transgresses the
law and neglects his duty,where the circumstances are serious,shall
be investigated for criminal responsibility pursuant to the
relevant provisions of the Criminal Law.If the circumstances
are minor,he shall be given an administrative sanction.
Article 31 The administrative sanction provided for in this
Law shall be determined by the metrological administrative
department of a people's government at or above the county
level.The administrative sanction provided for in Article
27 of this Law may also be determined by the administrative
departments for industry and commerce.
Article 32 A party who refuses to accept the decision of the
administrative sanction may,within 15 days after receipt of
the notification of the decision,file suit in a people's court.If
within that time limit the party does not file suit or comply
with the penalty of paying a fine and having his unlawful
income confiscated,the administrative authorities which have
made the decision of the administrative sanction may request
the people's court for compulsory execution.
Chapter VI Supplementary Provisions
Article 33 Measures for the administration of and supervision
over metrological work in the Chinese People's Liberation
Army and in units under the jurisdiction of the Commission
on Science,Technology and Industry for National Defence shall
be formulated separately by the State Council and the Central
Military Commission in accordance with this Law.
Article 34 The metrological administrative department of the
State Council shall,in accordance with this Law,formulate
rules for its implementation,which shall go into effect after
being submitted to and approved by the State Council.
Article 35 This Law shall go into effect on July 1,1986.
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