Decree of the State Council of the People's Republic of China文章源自FOFCC-http://fofcc.org.cn/am/11198/
(No. 390)文章源自FOFCC-http://fofcc.org.cn/am/11198/
The Regulations of the People's Republic of China on Certification and Accreditation were adopted at the 18th Executive Meeting of the State Council on August 20, 2003, are hereby promulgated, and shall come into force as of November 1, 2003.
Premier Wen Jiabao
September 3, 2003文章源自FOFCC-http://fofcc.org.cn/am/11198/
Regulations of the People's Republic of China on Certification and Accreditation文章源自FOFCC-http://fofcc.org.cn/am/11198/
Chapter I General Provisions文章源自FOFCC-http://fofcc.org.cn/am/11198/
Article 1These Regulations are formulated for the purpose of regulating certification and accreditation activities, improving the quality and management level of products and services, and promoting economic and social development.
Article 2For the purposes of these Regulations, "certification" means conformity assessment activities in which certification bodies verify that products, services, or management systems conform to relevant technical specifications, mandatory requirements of relevant technical specifications, or standards.
For the purposes of these Regulations, "accreditation" means conformity assessment activities in which accreditation bodies recognize the competence and practice qualifications of certification bodies, inspection bodies, laboratories, and personnel engaged in certification activities such as evaluation and audit.
Article 3Any entity engaging in certification and accreditation activities within the territory of the People's Republic of China shall comply with these Regulations.
Article 4The State implements a unified supervision and administration system for certification and accreditation.
The State implements a working mechanism for certification and accreditation under which all relevant parties jointly participate, under the unified management, supervision, and comprehensive coordination of the certification and accreditation supervision and administration department of the State Council.
Article 5The certification and accreditation supervision and administration department of the State Council shall, in accordance with the law, strengthen the supervision and administration of the activities of certification training institutions and certification consulting institutions.
Article 6Certification and accreditation activities shall follow the principles of objectivity and independence, openness and fairness, and honesty and credibility.
Article 7The State encourages international mutual recognition activities for certification and accreditation on the basis of equality and mutual benefit. International mutual recognition activities for certification and accreditation shall not harm national security or public interests.
Article 8Institutions and personnel engaged in certification and accreditation activities shall be obligated to keep confidential the state secrets and commercial secrets that they have access to.文章源自FOFCC-http://fofcc.org.cn/am/11198/
Chapter II Certification Bodies文章源自FOFCC-http://fofcc.org.cn/am/11198/
Article 9To establish a certification body, approval from the certification and accreditation supervision and administration department of the State Council shall be obtained, and legal person status shall be acquired in accordance with the law, before it may engage in certification activities within the approved scope.
Without approval, no unit or individual may engage in certification activities.文章源自FOFCC-http://fofcc.org.cn/am/11198/
Article 10To establish a certification body, the following conditions shall be met:
(1) Having a fixed premises and necessary facilities;
(2) Having a management system that meets the requirements for certification and accreditation;
(3) Having a registered capital of not less than RMB 3 million;
(4) Having 10 or more full-time certification personnel in the corresponding field.
A certification body engaged in product certification activities shall also possess technical capabilities such as testing and inspection commensurate with the relevant product certification activities.
Article 11In addition to meeting the conditions prescribed in Article 10 of these Regulations, the establishment of a certification body with foreign investment shall also meet the following conditions:
(1) The foreign investor has obtained accreditation from an accreditation body in its country or region;
(2) The foreign investor has more than 3 years of business experience in certification activities.
The application, approval, and registration for the establishment of a foreign-invested certification body shall be handled in accordance with relevant laws and administrative regulations on foreign investment and relevant provisions of the State.
Article 12Procedures for the application and approval for the establishment of a certification body:
(1) An applicant for the establishment of a certification body shall submit a written application to the certification and accreditation supervision and administration department of the State Council and submit supporting documents proving that the conditions prescribed in Article 10 of these Regulations are met;
(2) The certification and accreditation supervision and administration department of the State Council shall, within 90 days from the date of accepting the application for the establishment of a certification body, make a decision on whether to approve. Where matters involve the functions and responsibilities of relevant departments of the State Council, the opinions of such relevant departments of the State Council shall be solicited. If the decision is to approve, an approval document shall be issued to the applicant; if the decision is not to approve, the applicant shall be notified in writing, and the reasons shall be stated;
(3) The applicant shall, on the strength of the approval document issued by the certification and accreditation supervision and administration department of the State Council, undergo registration procedures in accordance with the law.
The certification and accreditation supervision and administration department of the State Council shall publish a directory of certification bodies established in accordance with the law.
Article 13Where an overseas certification body establishes a representative office within the territory of the People's Republic of China, it shall obtain approval and undergo registration procedures with the administrative department for industry and commerce in accordance with the law before it may engage in promotional activities related to the business scope of the institution to which it belongs, but it shall not engage in certification activities.
The application, approval, and registration for the establishment of a representative office within the territory of the People's Republic of China by an overseas certification body shall be handled in accordance with relevant laws and administrative regulations on foreign investment and relevant provisions of the State.
Article 14Certification bodies shall not have a relationship of interest with administrative organs.
Certification bodies shall not accept any funding that may affect the objectivity and impartiality of certification activities; they shall not engage in any product development, marketing, or other activities that may affect the objectivity and impartiality of certification activities.
Certification bodies shall not have a relationship of interest in assets or management with certification clients.
Article 15Certification personnel engaged in certification activities shall practice at one certification body and shall not simultaneously practice at two or more certification bodies.
Article 16Inspection bodies and laboratories that issue data and results with probative effect to society shall have the basic conditions and capabilities prescribed by relevant laws and administrative regulations, and may engage in corresponding activities only after being accredited in accordance with law; the accreditation results shall be published by the certification and accreditation supervision and administration department of the State Council.文章源自FOFCC-http://fofcc.org.cn/am/11198/
Chapter III Certification文章源自FOFCC-http://fofcc.org.cn/am/11198/
Article 17The State, according to the needs of economic and social development, promotes certification of products, services, and management systems.
Article 18Certification bodies shall engage in certification activities in accordance with basic certification specifications and certification rules. The basic certification specifications and certification rules shall be formulated by the certification and accreditation supervision and administration department of the State Council; where matters involve the duties of relevant departments of the State Council, the certification and accreditation supervision and administration department of the State Council shall formulate them jointly with the relevant departments of the State Council.
Where a new field of certification is involved and the departments specified in the preceding paragraph have not yet formulated certification rules, a certification body may formulate certification rules on its own and file them with the certification and accreditation supervision and administration department of the State Council for record.
Article 19Any legal person, organization, or individual may voluntarily entrust a certification body established in accordance with law to conduct certification of products, services, and management systems.
Article 20Certification bodies shall not refuse to provide certification services within the scope of their business on the grounds that the client has not participated in certification consulting or certification training, nor shall they impose requirements or restrictive conditions unrelated to certification activities on the client.
Article 21Certification bodies shall publicly disclose information such as basic certification specifications, certification rules, and fee standards.
Article 22Certification bodies and inspection bodies and laboratories related to certification shall, in engaging in certification and certification-related inspection and testing activities, complete the procedures prescribed by basic certification specifications and certification rules, ensure the completeness, objectivity, and authenticity of certification, inspection, and testing, and shall not add, reduce, or omit procedures.
Certification bodies and inspection bodies and laboratories related to certification shall make complete records of the certification, inspection, and testing process and keep them on file.
Article 23Certification bodies and their certification personnel shall promptly make certification conclusions and ensure that the certification conclusions are objective and authentic. After the certification conclusion is signed by the certification personnel, it shall be signed by the person in charge of the certification body.
Certification bodies and their certification personnel shall be responsible for certification results.
Article 24Where the certification conclusion is that a product, service, or management system conforms to certification requirements, the certification body shall promptly issue a certification certificate to the client.
Article 25Those that have obtained certification certificates shall use certification certificates and certification marks within the scope of certification, shall not use product or service certification certificates, certification marks, and related words or symbols to mislead the public into believing that their management systems have been certified, and shall not use management system certification certificates, certification marks, and related words or symbols to mislead the public into believing that their products or services have been certified.
Article 26Certification bodies may formulate certification marks on their own and file them with the certification and accreditation supervision and administration department of the State Council for record.
The design, words, and names of certification marks formulated by certification bodies on their own shall not violate the provisions of laws and administrative regulations, shall not be the same as or similar to certification marks promoted by the State, shall not impede social management, and shall not harm social morality and public order.
Article 27Certification bodies shall conduct effective follow-up investigations of the products, services, and management systems they certify. Where certified products, services, or management systems cannot continuously conform to certification requirements, the certification body shall suspend their use until the certification certificate is revoked, and shall publish this.
Article 28In order to protect national security, prevent fraudulent conduct, protect human health or safety, protect the life or health of animals and plants, and protect the environment, where the State provides that relevant products must undergo certification, they may leave the factory, be sold, imported, or used in other business activities only after certification and marking with the certification mark.
Article 29For products that must undergo certification, the State shall unify the product catalogue, unify the mandatory requirements of technical specifications, standards, and conformity assessment procedures, unify marks, and unify fee standards.
The unified product catalogue (hereinafter referred to as the catalogue) shall be formulated and adjusted by the certification and accreditation supervision and administration department of the State Council jointly with relevant departments of the State Council, published by the certification and accreditation supervision and administration department of the State Council, and implemented jointly with relevant parties.
Article 30Products listed in the catalogue must be certified by certification bodies designated by the certification and accreditation supervision and administration department of the State Council.
The certification marks for products listed in the catalogue shall be uniformly prescribed by the certification and accreditation supervision and administration department of the State Council.
Article 31Where products listed in the catalogue involve the catalogue of import and export commodity inspection, inspection procedures shall be simplified during import and export commodity inspection.
Article 32Certification bodies designated by the certification and accreditation supervision and administration department of the State Council to engage in certification activities for products listed in the catalogue, as well as certification-related inspection bodies and laboratories (hereinafter referred to as designated certification bodies, inspection bodies, and laboratories), shall be institutions that have long engaged in relevant business, have no adverse records, and have obtained accreditation in accordance with the provisions of these Regulations and possess the capability to engage in relevant certification activities. When designating certification bodies to engage in certification activities for products listed in the catalogue, the certification and accreditation supervision and administration department of the State Council shall ensure that at least two institutions meeting the conditions prescribed by these Regulations are designated in each field of products listed in the catalogue.
Before designating the certification bodies, inspection bodies, and laboratories specified in the preceding paragraph, the certification and accreditation supervision and administration department of the State Council shall publish relevant information in advance and organize experts recognized in the relevant fields to form an expert review committee to review the certification bodies, inspection bodies, and laboratories that meet the requirements prescribed in the preceding paragraph; after review and after soliciting opinions from relevant departments of the State Council, a decision shall be made within the published time in accordance with the principles of rational resource utilization, fair competition, and convenience and effectiveness.
Article 33The certification and accreditation supervision and administration department of the State Council shall publish the list of designated certification bodies, inspection bodies, and laboratories and the designated scope of business.
Without designation, no institution may engage in certification activities for products listed in the catalogue, or inspection and testing activities related to certification.
Article 34Producers, sellers, or importers of products listed in the catalogue may all independently commission designated certification institutions to conduct certification.
Article 35Designated certification institutions, inspection institutions, and laboratories shall, within the scope of their designated business, provide convenient and timely certification, inspection, and testing services to clients, and shall not delay, discriminate against, or obstruct clients, nor seek improper benefits.
Designated certification institutions shall not transfer their designated certification business to other institutions.
Article 36Designated certification institutions, inspection institutions, and laboratories conducting international mutual recognition activities shall do so within the framework of international mutual recognition agreements signed externally by the certification and accreditation supervision and administration department of the State Council or by authorized relevant departments of the State Council.文章源自FOFCC-http://fofcc.org.cn/am/11198/
Chapter IV Accreditation文章源自FOFCC-http://fofcc.org.cn/am/11198/
Article 37The accreditation institutions determined by the certification and accreditation supervision and administration department of the State Council (hereinafter referred to as accreditation institutions) shall independently conduct accreditation activities.
Apart from the accreditation institutions determined by the certification and accreditation supervision and administration department of the State Council, no other entity may directly or in disguised form engage in accreditation activities. If other entities directly or in disguised form engage in accreditation activities, their accreditation results shall be invalid.
Article 38Certification institutions, inspection institutions, and laboratories may, through accreditation by accreditation institutions, ensure that their certification, inspection, and testing capabilities continuously and stably meet accreditation requirements.
Article 39Personnel engaged in certification activities such as review and audit shall, after being registered by accreditation institutions, be permitted to engage in the corresponding certification activities.
Article 40Accreditation institutions shall have a quality system appropriate to the scope of their accreditation and establish an internal audit system to ensure the effective implementation of the quality system.
Article 41Accreditation institutions may, according to accreditation needs, select and appoint personnel to engage in accreditation review activities. Personnel engaged in accreditation review activities shall be recognized experts in the relevant fields, be familiar with relevant laws, administrative regulations, and accreditation rules and procedures, and possess the good moral character, professional knowledge, and business competence required for review.
Article 42Where an accreditation institution entrusts others to complete specific review business related to accreditation, the accreditation institution shall be responsible for the review conclusions.
Article 43Accreditation institutions shall publicly disclose information such as accreditation conditions, accreditation procedures, and fee standards.
When accepting accreditation applications, accreditation institutions shall not impose requirements or restrictive conditions unrelated to accreditation activities on applicants.
Article 44Accreditation institutions shall, within the published time period and in accordance with national standards and the provisions of the certification and accreditation supervision and administration department of the State Council, complete reviews of certification institutions, inspection institutions, and laboratories, make decisions on whether to grant accreditation, and keep complete records of the accreditation process and retain them on file. Accreditation institutions shall ensure the objectivity, impartiality, completeness, and validity of accreditation, and shall be responsible for accreditation conclusions.
Accreditation institutions shall issue accreditation certificates to certification institutions, inspection institutions, and laboratories that have obtained accreditation, and publish the directory of certification institutions, inspection institutions, and laboratories that have obtained accreditation.
Article 45Accreditation institutions shall, in accordance with national standards and the provisions of the certification and accreditation supervision and administration department of the State Council, assess personnel engaged in certification activities such as review and audit, and register those who pass the assessment.
Article 46Accreditation certificates shall include the scope of accreditation, accreditation standards, accreditation fields, and period of validity.
The format of accreditation certificates and the design of accreditation marks must be approved by the certification and accreditation supervision and administration department of the State Council.
Article 47Institutions that have obtained accreditation shall use accreditation certificates and accreditation marks within the scope of the accreditation obtained. If an institution that has obtained accreditation improperly uses an accreditation certificate or accreditation mark, the accreditation institution shall suspend its use until the accreditation certificate is revoked, and shall make a public announcement.
Article 48Accreditation institutions shall exercise effective follow-up supervision over institutions and personnel that have obtained accreditation, and periodically conduct re-review of institutions that have obtained accreditation to verify whether they continue to meet accreditation conditions. If institutions or personnel that have obtained accreditation no longer meet accreditation conditions, the accreditation institution shall revoke the accreditation certificate and make a public announcement.
If there are changes in circumstances related to accreditation conditions, such as employees, principal persons in charge, facilities, or self-formulated certification rules of an institution that has obtained accreditation, the institution shall promptly inform the accreditation institution.
Article 49Accreditation institutions shall not accept any funding that may affect the objectivity and impartiality of accreditation activities.
Article 50Where domestic certification institutions, inspection institutions, and laboratories obtain accreditation from overseas accreditation institutions, they shall file a record with the certification and accreditation supervision and administration department of the State Council.文章源自FOFCC-http://fofcc.org.cn/am/11198/
Chapter V Supervision and Administration文章源自FOFCC-http://fofcc.org.cn/am/11198/
Article 51The certification and accreditation supervision and administration department of the State Council may supervise compliance with these Regulations by organizing peer reviews, soliciting opinions from certified enterprises, conducting spot checks on certification activities and certification results, and requiring certification institutions and related inspection institutions and laboratories to report on their business activities. If any conduct violating these Regulations is discovered, it shall be investigated and handled promptly; where the duties of relevant departments of the State Council are involved, the relevant departments shall be notified promptly.
Article 52The certification and accreditation supervision and administration department of the State Council shall focus supervision on designated certification institutions, inspection institutions, and laboratories, and conduct regular or irregular inspections of their certification, inspection, and testing activities. Designated certification institutions, inspection institutions, and laboratories shall regularly submit reports to the certification and accreditation supervision and administration department of the State Council and shall be responsible for the authenticity of the reports; the reports shall explain the circumstances of engaging in certification, inspection, and testing activities for products listed in the catalogue.
Article 53Accreditation institutions shall regularly submit reports to the certification and accreditation supervision and administration department of the State Council and shall be responsible for the authenticity of the reports; the reports shall explain the circumstances of the accreditation institution's implementation of the accreditation system, its engagement in accreditation activities, and the work of its employees.
The certification and accreditation supervision and administration department of the State Council shall evaluate the reports of accreditation institutions and supervise accreditation institutions by means such as reviewing accreditation activity archives and materials and obtaining information from relevant personnel.
Article 54The administrative department for certification and accreditation under the State Council may, based on the needs of certification and accreditation supervision and administration, inquire of the principal persons in charge of accreditation bodies, certification bodies, inspection bodies, and laboratories on relevant matters, investigate and understand the circumstances, and issue admonitions; the relevant personnel shall actively cooperate.
Article 55The quality and technical supervision departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government and the entry-exit inspection and quarantine institutions established locally by the quality supervision, inspection and quarantine department under the State Council shall, within the scope authorized by the administrative department for certification and accreditation under the State Council, supervise and administer certification activities in accordance with the provisions of these Regulations.
The quality and technical supervision departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government authorized by the administrative department for certification and accreditation under the State Council and the entry-exit inspection and quarantine institutions established locally by the quality supervision, inspection and quarantine department under the State Council are collectively referred to as local certification supervision and administration departments.
Article 56Any unit or individual has the right to report illegal acts related to certification and accreditation to the administrative department for certification and accreditation under the State Council and local certification supervision and administration departments. The administrative department for certification and accreditation under the State Council and local certification supervision and administration departments shall promptly investigate and handle the matter and keep the identity of the reporter confidential.文章源自FOFCC-http://fofcc.org.cn/am/11198/
Chapter VI Legal Liability文章源自FOFCC-http://fofcc.org.cn/am/11198/
Article 57Anyone who engages in certification activities without approval shall be banned, fined not less than 100,000 yuan but not more than 500,000 yuan, and if there is illegal income, the illegal income shall be confiscated.
Article 58Where an overseas certification body establishes a representative office within the territory of the People's Republic of China without approval, it shall be banned and fined not less than 50,000 yuan but not more than 200,000 yuan.
Where a representative office of an overseas certification body established with approval engages in certification activities within the territory of the People's Republic of China, it shall be ordered to make corrections and fined not less than 100,000 yuan but not more than 500,000 yuan; if there is illegal income, the illegal income shall be confiscated; if the circumstances are serious, the approval document shall be revoked and announced to the public.
Article 59Where a certification body accepts funding that may affect the objectivity and impartiality of certification activities, or engages in product development, marketing, or other activities that may affect the objectivity and impartiality of certification activities, or has an asset or management interest relationship with the certification client, it shall be ordered to suspend business for rectification; if the circumstances are serious, the approval document shall be revoked and announced to the public; if there is illegal income, the illegal income shall be confiscated; if a crime is constituted, criminal liability shall be pursued according to law.
Article 60Where a certification body falls under any of the following circumstances, it shall be ordered to make corrections and fined not less than 50,000 yuan but not more than 200,000 yuan; if there is illegal income, the illegal income shall be confiscated; if the circumstances are serious, it shall be ordered to suspend business for rectification, up to revocation of the approval document, and it shall be announced to the public:
(1) engaging in certification activities beyond the approved scope;
(2) adding, reducing, or omitting procedures prescribed by basic certification standards or certification rules;
(3) failing to conduct effective follow-up investigations of the products, services, or management systems it has certified, or failing to promptly suspend their use or revoke the certification certificates and announce the same to the public upon discovering that the certified products, services, or management systems cannot continuously meet certification requirements;
(4) employing persons who have not been registered by an accreditation body to engage in certification activities.
Where inspection bodies or laboratories related to certification add, reduce, or omit procedures prescribed by basic certification standards or certification rules, they shall be punished in accordance with the provisions of the preceding paragraph.
Article 61Where a certification body falls under any of the following circumstances, it shall be ordered to make corrections within a specified time limit; if it fails to make corrections within the time limit, it shall be fined not less than 20,000 yuan but not more than 100,000 yuan:
(1) refusing to provide certification services within the business scope of the certification body on the grounds that the client has not participated in certification consultation or certification training, or imposing requirements or restrictive conditions unrelated to certification activities on the client;
(2) where the design, text, and name of a certification mark formulated by itself are the same as or similar to a certification mark promoted by the State, or impede social management, or harm social morality;
(3) failing to disclose information such as basic certification standards, certification rules, and fee standards;
(4) failing to make complete records of the certification process and keep them on file;
(5) failing to issue certification certificates to the clients it has certified in a timely manner.
Where inspection bodies or laboratories related to certification fail to make complete records of the inspection and testing processes related to certification and keep them on file, they shall be punished in accordance with the provisions of the preceding paragraph.
Article 62Where a certification body issues false certification conclusions, or the certification conclusions issued are seriously inconsistent with the facts, the approval document shall be revoked and announced to the public; the directly responsible persons in charge and the certification personnel with direct responsibility shall have their practice qualifications revoked; if a crime is constituted, criminal liability shall be pursued according to law; if damage is caused, the certification body shall bear corresponding compensation liability.
Where a designated certification body commits the illegal acts specified in the preceding paragraph, its designation shall also be revoked.
Article 63Where certification personnel engage in certification activities without practicing at a certification body or simultaneously practice at two or more certification bodies, they shall be ordered to make corrections and be punished by suspension from practice for not less than 6 months but not more than 2 years; if they still fail to make corrections, their practice qualifications shall be revoked.
Article 64Where a certification body, or an inspection body or laboratory related to certification, engages without designation in certification of products listed in the catalog and inspection or testing activities related to certification, it shall be ordered to make corrections and fined not less than 100,000 yuan but not more than 500,000 yuan; if there is illegal income, the illegal income shall be confiscated.
Where a certification body engages without designation in certification activities for products listed in the catalog, the approval document shall be revoked and announced to the public.
Article 65Where a designated certification body, inspection body, or laboratory engages beyond the designated business scope in certification of products listed in the catalog and inspection or testing activities related to certification, it shall be ordered to make corrections and fined not less than 100,000 yuan but not more than 500,000 yuan; if there is illegal income, the illegal income shall be confiscated; if the circumstances are serious, the designation shall be revoked, up to revocation of the approval document, and it shall be announced to the public.
Where a designated certification body transfers designated certification business, it shall be punished in accordance with the provisions of the preceding paragraph.
Article 66Where a certification body, inspection body, or laboratory obtains accreditation from an overseas accreditation body but fails to file a record with the administrative department for certification and accreditation under the State Council, it shall be given a warning and announced to the public.
Article 67Where products listed in the catalog are, without certification, arbitrarily released from the factory, sold, imported, or used in other business activities, the party shall be ordered to make corrections and fined not less than 50,000 yuan but not more than 200,000 yuan; if there is illegal income, the illegal income shall be confiscated.
Article 68Where an accreditation body falls under any of the following circumstances, it shall be ordered to make corrections; if the circumstances are serious, the principal persons in charge and the responsible personnel shall be removed from office or dismissed:
(1) granting accreditation to institutions or personnel that do not meet accreditation conditions;
(2) failing to promptly revoke the accreditation certificate and announce the same to the public upon discovering that an accredited institution or personnel no longer meets accreditation conditions;
(3) accepting funding that may affect the objectivity and impartiality of accreditation activities.
The main responsible persons and responsible personnel of a conformity assessment body who have been removed from office or dismissed shall not engage in conformity assessment activities for 5 years from the date of removal from office or dismissal.
Article 69Where a conformity assessment body falls under any of the following circumstances, it shall be ordered to make corrections; the main responsible person and responsible personnel shall be given a warning:
(1) accepting an application for conformity assessment and imposing requirements or restrictive conditions on the applicant unrelated to conformity assessment activities;
(2) failing to complete conformity assessment activities within the published time limit, or failing to publicly disclose information such as conformity assessment conditions, procedures, and fee standards;
(3) upon discovering that an organization that has obtained conformity assessment improperly uses a conformity assessment certificate or conformity assessment mark, failing to promptly suspend its use or revoke the conformity assessment certificate and make it public;
(4) failing to make a complete record of the conformity assessment process and keep it on file.
Article 70Where the certification and accreditation supervision and administration department of the State Council and local certification and accreditation supervision and administration departments and their staff abuse their powers, engage in favoritism and irregularities, or neglect their duties, and commit any of the following acts, the directly responsible persons in charge and other directly responsible personnel shall be given administrative sanctions of demotion or removal from office in accordance with law; if a crime is constituted, criminal liability shall be pursued in accordance with law:
(1) failing to implement approval and designation in accordance with the conditions and procedures prescribed in these Regulations;
(2) upon discovering that a certification body no longer meets the approval or designation conditions prescribed in these Regulations, failing to revoke the approval document or designation;
(3) upon discovering that a designated inspection body or laboratory no longer meets the designation conditions prescribed in these Regulations, failing to revoke the designation;
(4) upon discovering that a certification body, or an inspection body or laboratory related to certification, issues false certification conclusions or inspection and testing conclusions related to certification, or issues certification conclusions or inspection and testing conclusions related to certification that are seriously inconsistent with the facts, failing to investigate and handle the matter;
(5) upon discovering other illegal certification and accreditation acts prescribed in these Regulations, failing to investigate and handle them.
Article 71Whoever forges, fraudulently uses, or trades certification marks or certification certificates shall be investigated and handled in accordance with the provisions of laws such as the Product Quality Law of the People's Republic of China.
Article 72The administrative penalties prescribed in these Regulations shall be implemented by the certification and accreditation supervision and administration department of the State Council or the local certification and accreditation supervision and administration departments authorized by it according to their respective duties. Where laws or other administrative regulations provide otherwise, the provisions of those laws or other administrative regulations shall apply.
Article 73Within 5 years from the date a certification personnel's practice qualification is revoked, a conformity assessment body shall no longer accept their registration application.
Article 74Where a certification body fails to conduct effective follow-up investigation of the products it has certified, or upon discovering that the products it has certified cannot continuously meet the certification requirements, fails to promptly suspend or revoke the certification certificate and require the cessation of use of the certification mark, thereby causing losses to consumers, it shall bear joint and several liability with the producer and seller.文章源自FOFCC-http://fofcc.org.cn/am/11198/
Chapter VII Supplementary Provisions文章源自FOFCC-http://fofcc.org.cn/am/11198/
Article 75These Regulations do not apply to quality management specification certification for pharmaceutical manufacturing and trading enterprises, quality qualification certification for laboratory animals, certification of military products, and accreditation of laboratories and their personnel engaged in calibration and testing of military products.
A certification body approved in accordance with these Regulations that engages in management system certification for mining, hazardous chemicals, and fireworks and firecracker production and operation units shall be organized by the work safety supervision and administration department of the State Council in light of the special requirements of work safety; a certification body engaged in comprehensive work safety evaluation of mining, hazardous chemicals, and fireworks and firecracker production and operation units may obtain accreditation from a conformity assessment body only after being recommended by the work safety supervision and administration department of the State Council.
Article 76Fees for certification and accreditation shall comply with the provisions of the state's relevant price laws and administrative regulations.
Article 77The measures for the administration of certification training bodies and certification consulting bodies shall be formulated by the certification and accreditation supervision and administration department of the State Council.
Article 78These Regulations shall come into force on November 1, 2003. The Regulations of the People's Republic of China on the Administration of Product Quality Certification promulgated by the State Council on May 7, 1991 shall be repealed simultaneously.文章源自FOFCC-http://fofcc.org.cn/am/11198/