(Adopted at the Fifth Session of the Standing Committee of the Seventh National People's Congress on December 29, 1988, and promulgated by Order No. 11 of the President of the People's Republic of China on December 29, 1988)文章源自FOFCC-http://fofcc.org.cn/am/11212/
Chapter I General Provisions文章源自FOFCC-http://fofcc.org.cn/am/11212/
Article 1 This Law is enacted to develop the socialist commodity economy, promote technological progress, improve product quality, increase social and economic benefits, safeguard the interests of the State and the people, and meet the needs of socialist modernization and the development of foreign economic relations in standardization work.文章源自FOFCC-http://fofcc.org.cn/am/11212/
Article 2 Standards shall be formulated for the following technical requirements that need to be unified:文章源自FOFCC-http://fofcc.org.cn/am/11212/
(1) Variety, specifications, quality, grades, or safety and health requirements of industrial products.文章源自FOFCC-http://fofcc.org.cn/am/11212/
(2) Methods of design, production, inspection, packaging, storage, transportation, and use of industrial products, or safety and health requirements in the processes of production, storage, and transportation.文章源自FOFCC-http://fofcc.org.cn/am/11212/
(3) Various technical requirements and inspection methods relating to environmental protection.文章源自FOFCC-http://fofcc.org.cn/am/11212/
(4) Design, construction methods, and safety requirements of construction projects.文章源自FOFCC-http://fofcc.org.cn/am/11212/
(5) Technical terminology, symbols, codes, and drafting methods relating to industrial production, engineering construction, and environmental protection.文章源自FOFCC-http://fofcc.org.cn/am/11212/
Important agricultural products and other items for which standards need to be formulated shall be prescribed by the State Council.文章源自FOFCC-http://fofcc.org.cn/am/11212/
Article 3 The tasks of standardization work are to formulate standards, organize the implementation of standards, and supervise the implementation of standards.文章源自FOFCC-http://fofcc.org.cn/am/11212/
Standardization work shall be incorporated into the plans for national economic and social development.文章源自FOFCC-http://fofcc.org.cn/am/11212/
Article 4 The State encourages the active adoption of international standards.文章源自FOFCC-http://fofcc.org.cn/am/11212/
Article 5 The administrative department for standardization under the State Council shall uniformly administer standardization work throughout the country. The relevant administrative departments under the State Council shall administer, according to their division of responsibilities, standardization work within their respective departments and industries.文章源自FOFCC-http://fofcc.org.cn/am/11212/
The administrative departments for standardization of provinces, autonomous regions, and municipalities directly under the Central Government shall uniformly administer standardization work within their respective administrative regions. The relevant administrative departments of the governments of provinces, autonomous regions, and municipalities directly under the Central Government shall administer, according to their division of responsibilities, standardization work within their respective departments and industries in their respective administrative regions.文章源自FOFCC-http://fofcc.org.cn/am/11212/
The administrative departments for standardization and the relevant administrative departments of cities and counties shall, in accordance with their respective functions and responsibilities prescribed by the governments of provinces, autonomous regions, and municipalities directly under the Central Government, administer standardization work within their respective administrative regions.文章源自FOFCC-http://fofcc.org.cn/am/11212/
Chapter II Formulation of Standards文章源自FOFCC-http://fofcc.org.cn/am/11212/
Article 6 National standards shall be formulated for technical requirements that need to be unified nationwide. National standards shall be formulated by the administrative department for standardization under the State Council. For technical requirements for which no national standards exist but which need to be unified within a certain industry nationwide, industry standards may be formulated. Industry standards shall be formulated by the relevant administrative departments under the State Council and filed with the administrative department for standardization under the State Council; after the national standards are promulgated, such industry standards shall be abolished immediately. For safety and health requirements of industrial products for which no national standards or industry standards exist but which need to be unified within the scope of a province, autonomous region, or municipality directly under the Central Government, local standards may be formulated. Local standards shall be formulated by the administrative departments for standardization of provinces, autonomous regions, and municipalities directly under the Central Government and filed with the administrative department for standardization under the State Council and the relevant administrative departments under the State Council; after the national standards or industry standards are promulgated, such local standards shall be abolished immediately.文章源自FOFCC-http://fofcc.org.cn/am/11212/
Where products manufactured by an enterprise have no national standards or industry standards, enterprise standards shall be formulated as the basis for organizing production. The product standards of an enterprise shall be filed with the local government administrative department for standardization and the relevant administrative departments. Where national standards or industry standards already exist, the State encourages enterprises to formulate enterprise standards that are stricter than national standards or industry standards, for application within the enterprise.文章源自FOFCC-http://fofcc.org.cn/am/11212/
Where the law provides otherwise for the formulation of standards, the provisions of the law shall prevail.文章源自FOFCC-http://fofcc.org.cn/am/11212/
Article 7 National standards and industry standards are divided into mandatory standards and recommended standards. Standards that safeguard human health and the safety of persons and property, and standards whose enforcement is prescribed by laws and administrative regulations, are mandatory standards; other standards are recommended standards.文章源自FOFCC-http://fofcc.org.cn/am/11212/
Local standards for safety and health requirements of industrial products formulated by the administrative departments for standardization of provinces, autonomous regions, and municipalities directly under the Central Government are mandatory standards within their respective administrative regions.文章源自FOFCC-http://fofcc.org.cn/am/11212/
Article 8 The formulation of standards shall be conducive to safeguarding safety and the people's health, protecting the interests of consumers, and protecting the environment.文章源自FOFCC-http://fofcc.org.cn/am/11212/
Article 9 The formulation of standards shall be conducive to the rational utilization of national resources, the dissemination of scientific and technological achievements, the improvement of economic benefits, and compliance with usage requirements, and shall facilitate the general interchangeability of products, so as to achieve technological advancement and economic rationality.文章源自FOFCC-http://fofcc.org.cn/am/11212/
Article 10 The formulation of standards shall ensure the coordination and matching of relevant standards.文章源自FOFCC-http://fofcc.org.cn/am/11212/
Article 11 The formulation of standards shall be conducive to promoting foreign economic and technological cooperation and foreign trade.文章源自FOFCC-http://fofcc.org.cn/am/11212/
Article 12 In formulating standards, the role of industry associations, scientific research institutions, and academic organizations shall be brought into play.文章源自FOFCC-http://fofcc.org.cn/am/11212/
The departments formulating standards shall organize standardization technical committees composed of experts to be responsible for drafting standards and participating in the examination of draft standards.文章源自FOFCC-http://fofcc.org.cn/am/11212/
Article 13 After standards are implemented, the departments formulating the standards shall, in light of the development of science and technology and the needs of economic construction, conduct timely reviews to confirm whether the current standards remain effective or should be revised or abolished.文章源自FOFCC-http://fofcc.org.cn/am/11212/
Chapter III Implementation of Standards文章源自FOFCC-http://fofcc.org.cn/am/11212/
Article 14 Mandatory standards must be enforced. Products that do not conform to mandatory standards are prohibited from being produced, sold, or imported. For recommended standards, the State encourages enterprises to adopt them voluntarily.文章源自FOFCC-http://fofcc.org.cn/am/11212/
Article 15 An enterprise may, for products for which national standards or industry standards exist, apply to the administrative department for standardization under the State Council or a department authorized by the administrative department for standardization under the State Council for product quality certification. Where certification is passed, the certification department shall grant a certification certificate and permit the use of the prescribed certification mark on the product or its packaging.文章源自FOFCC-http://fofcc.org.cn/am/11212/
Where a product that has obtained a certification certificate does not conform to national standards or industry standards, or where a product has not been certified or has failed certification, the certification mark shall not be used for factory sale.文章源自FOFCC-http://fofcc.org.cn/am/11212/
Article 16 The technical requirements for export products shall be implemented in accordance with the provisions of the contract.文章源自FOFCC-http://fofcc.org.cn/am/11212/
Article 17 Enterprises shall comply with standardization requirements when developing new products, improving products, and carrying out technological transformation.文章源自FOFCC-http://fofcc.org.cn/am/11212/
Article 18 The administrative departments for standardization of governments at or above the county level shall be responsible for supervising and inspecting the implementation of standards.文章源自FOFCC-http://fofcc.org.cn/am/11212/
Article 19 The administrative departments for standardization of governments at or above the county level may, as needed, establish inspection institutions, or authorize the inspection institutions of other units, to inspect whether products conform to standards. Where laws and administrative regulations provide otherwise for inspection institutions, the provisions of the laws and administrative regulations shall prevail.文章源自FOFCC-http://fofcc.org.cn/am/11212/
In handling disputes concerning whether products conform to standards, the inspection data of the inspection institutions prescribed in the preceding paragraph shall be taken as the basis.文章源自FOFCC-http://fofcc.org.cn/am/11212/
Chapter IV Legal Liability文章源自FOFCC-http://fofcc.org.cn/am/11212/
Article 20 Where products that do not conform to mandatory standards are produced, sold, or imported, the administrative departments prescribed by laws and administrative regulations shall handle the matter according to law; where laws and administrative regulations have no provisions, the administrative department for industry and commerce shall confiscate the products and illegal gains and impose a fine; where serious consequences are caused and a crime is constituted, the persons directly responsible shall be investigated for criminal liability according to law.文章源自FOFCC-http://fofcc.org.cn/am/11212/
Article 21 Where a product that has been granted a certification certificate does not conform to national standards or industry standards but still uses the certification mark for factory sale, the administrative department for standardization shall order the cessation of sales and impose a fine; where the circumstances are serious, the certification department shall revoke its certification certificate.文章源自FOFCC-http://fofcc.org.cn/am/11212/
Article 22 Where a product has not been certified or has failed certification but the certification mark is used without authorization for factory sale, the administrative department for standardization shall order the cessation of sales and impose a fine.文章源自FOFCC-http://fofcc.org.cn/am/11212/
Article 23 Where a party is dissatisfied with the penalty of confiscation of products, confiscation of illegal gains, or a fine, it may, within 15 days from the date of receipt of the penalty notice, apply to the authority at the next higher level than the authority that made the penalty decision for reconsideration; where it is dissatisfied with the reconsideration decision, it may, within 15 days from the date of receipt of the reconsideration decision, bring a suit in a people's court. The party may also, within 15 days from the date of receipt of the penalty notice, directly bring a suit in a people's court. Where the party neither applies for reconsideration nor brings a suit in a people's court within the time limit and also fails to perform the penalty decision, the authority that made the penalty decision shall apply to a people's court for compulsory enforcement.文章源自FOFCC-http://fofcc.org.cn/am/11212/
Article 24 Where personnel engaged in the supervision, inspection, and management of standardization work violate the law or neglect their duties, or engage in malpractices for selfish ends, administrative sanctions shall be imposed; where a crime is constituted, criminal liability shall be investigated according to law.文章源自FOFCC-http://fofcc.org.cn/am/11212/
Chapter V Supplementary Provisions文章源自FOFCC-http://fofcc.org.cn/am/11212/
Article 25 The implementing regulations of this Law shall be formulated by the State Council.文章源自FOFCC-http://fofcc.org.cn/am/11212/
Article 26 This Law shall come into force on April 1, 1989.文章源自FOFCC-http://fofcc.org.cn/am/11212/