Decree of the State Council of the People's Republic of China文章源自FOFCC-http://fofcc.org.cn/en/11198/
(No. 390)文章源自FOFCC-http://fofcc.org.cn/en/11198/
The Regulations of the People's Republic of China on Certification and Accreditation have been 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/en/11198/
Regulations of the People's Republic of China on Certification and Accreditation文章源自FOFCC-http://fofcc.org.cn/en/11198/
Chapter I General Provisions文章源自FOFCC-http://fofcc.org.cn/en/11198/
Article 1 These Regulations are formulated for the purpose of regulating certification and accreditation activities, improving the quality of products and services and the level of management, and promoting economic and social development.
Article 2 For the purposes of these Regulations, "certification" means conformity assessment activities in which a certification body verifies 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 an accreditation body recognizes the competence and practice qualifications of certification bodies, inspection bodies, laboratories, and personnel engaged in certification activities such as evaluation and auditing.
Article 3 Any entity engaged in certification and accreditation activities within the territory of the People's Republic of China shall comply with these Regulations.
Article 4 The 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 carry out their work under the unified administration, supervision, and comprehensive coordination of the certification and accreditation supervision and administration department of the State Council.
Article 5 The 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 6 Certification and accreditation activities shall follow the principles of objectivity and independence, openness and fairness, and honesty and credibility.
Article 7 The 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 the public interest of society.
Article 8 Institutions and their personnel engaged in certification and accreditation activities shall be obligated to keep confidential the state secrets and commercial secrets of which they become aware.文章源自FOFCC-http://fofcc.org.cn/en/11198/
Chapter II Certification Bodies文章源自FOFCC-http://fofcc.org.cn/en/11198/
Article 9 To establish a certification body, it shall be approved by the certification and accreditation supervision and administration department of the State Council and shall obtain legal person status in accordance with the law before it may engage in certification activities within the approved scope.
Without approval, no entity or individual may engage in certification activities.文章源自FOFCC-http://fofcc.org.cn/en/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 have testing, inspection, and other technical capabilities commensurate with the relevant product certification activities.
Article 11 In 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 the accreditation body of the country or region in which it is located;
(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 12 The procedures for application and approval for the establishment of a certification body are as follows:
(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 the relevant departments of the State Council shall be solicited. If it decides to approve, it shall issue approval documents to the applicant; if it decides not to approve, it shall notify the applicant in writing and explain the reasons;
(3) The applicant shall, on the strength of the approval documents 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 13 Where an overseas certification body establishes a representative office within the territory of the People's Republic of China, it must 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 may not engage in certification activities.
Applications for overseas certification bodies to establish representative offices within the territory of the People's Republic of China, as well as the approval and registration thereof, shall be handled in accordance with relevant laws and administrative regulations on foreign investment and relevant provisions of the State.
Article 14A certification body shall not have a relationship of interest with an administrative organ.
A certification body shall not accept any funding that may affect the objectivity and impartiality of certification activities; it shall not engage in any product development, marketing, or other activities that may affect the objectivity and impartiality of certification activities.
A certification body shall not have a relationship of interest with the client in terms of assets or management.
Article 15Certification personnel engaged in certification activities shall practice at one certification body and shall not practice at two or more certification bodies simultaneously.
Article 16Inspection bodies and laboratories that issue data and results with probative effect to society shall possess 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/en/11198/
Chapter III Certification文章源自FOFCC-http://fofcc.org.cn/en/11198/
Article 17The State, in accordance with the needs of economic and social development, promotes certification of products, services, and management systems.
Article 18A certification body shall conduct 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 certification rule has not yet been formulated by the department specified in the preceding paragraph for a new field of certification, the certification body may formulate a certification rule on its own and file it 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, or management systems.
Article 20A certification body shall not refuse to provide certification services within the scope of its business on the grounds that the client has not participated in certification consulting or certification training, nor shall it impose requirements or restrictive conditions unrelated to certification activities on the client.
Article 21A certification body 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 engaged in certification and certification-related inspection and testing activities shall complete the procedures prescribed by the 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 23A certification body and its certification personnel shall promptly make a certification conclusion and ensure that the certification conclusion is 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.
A certification body and its certification personnel shall be responsible for the 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 who have obtained a certification certificate shall use the certification certificate and certification mark 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 system has 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 26A certification body may formulate a certification mark on its own and file it with the certification and accreditation supervision and administration department of the State Council for record.
The design, words, and name of a certification mark formulated by a certification body on its own shall not violate the provisions of laws and administrative regulations, shall not be identical or similar to a certification mark promoted by the State, shall not impede social management, and shall not harm social morality and customs.
Article 27A certification body shall conduct effective follow-up investigations of the products, services, and management systems it has certified. Where the certified products, services, or management systems cannot continuously conform to certification requirements, the certification body shall suspend their use of the certification certificate until it 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 a 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 the mark, and unify the 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, issued 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 a certification body designated by the certification and accreditation supervision and administration department of the State Council.
The certification mark 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 for inspection of import and export commodities, 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 been engaged in relevant business, have no adverse records, 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.
When 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 a expert review committee composed of experts recognized in the relevant field to review the certification bodies, inspection bodies, and laboratories that meet the requirements of the preceding paragraph; after review and after soliciting opinions from relevant departments of the State Council, it shall make a decision within the published time limit in accordance with the principles of rational utilization of resources, fair competition, and convenience and effectiveness.
Article 33The department under the State Council in charge of certification and accreditation supervision and administration shall publish a directory of the designated certification bodies, inspection bodies, and laboratories as well as their designated scope of business.
Without designation, no institution may engage in certification activities for products listed in the directory or in inspection and testing activities related to such certification.
Article 34Producers, sellers, or importers of products listed in the directory may all independently entrust designated certification bodies to conduct certification.
Article 35Designated certification bodies, inspection bodies, and laboratories shall, within their designated scope of business, provide clients with convenient and timely certification, inspection, and testing services, and shall not delay, discriminate against, or deliberately obstruct clients, or seek improper benefits.
Designated certification bodies shall not transfer their designated certification business to other institutions.
Article 36Designated certification bodies, inspection bodies, and laboratories shall conduct international mutual recognition activities within the framework of international mutual recognition agreements signed with foreign counterparts by the department under the State Council in charge of certification and accreditation supervision and administration or by authorized relevant departments under the State Council.文章源自FOFCC-http://fofcc.org.cn/en/11198/
Chapter IV Accreditation文章源自FOFCC-http://fofcc.org.cn/en/11198/
Article 37The accreditation body determined by the department under the State Council in charge of certification and accreditation supervision and administration (hereinafter referred to as the accreditation body) shall independently conduct accreditation activities.
Apart from the accreditation body determined by the department under the State Council in charge of certification and accreditation supervision and administration, no other entity may directly or indirectly engage in accreditation activities. Where any other entity directly or indirectly engages in accreditation activities, its accreditation results shall be invalid.
Article 38Certification bodies, inspection bodies, and laboratories may obtain accreditation from the accreditation body to ensure that their certification, inspection, and testing capabilities continuously and steadily meet the accreditation requirements.
Article 39Personnel engaged in certification activities such as review and audit shall, after being registered by the accreditation body, be permitted to engage in the corresponding certification activities.
Article 40The accreditation body shall have a quality system commensurate with its scope of accreditation and shall establish an internal audit system to ensure the effective implementation of the quality system.
Article 41The accreditation body 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 the accreditation body entrusts others to complete specific review business related to accreditation, the accreditation body shall be responsible for the review conclusions.
Article 43The accreditation body shall publicly disclose information such as accreditation conditions, accreditation procedures, and fee standards.
When accepting accreditation applications, the accreditation body shall not impose requirements or restrictive conditions unrelated to accreditation activities on applicants.
Article 44The accreditation body shall, within the published time period and in accordance with national standards and the provisions of the department under the State Council in charge of certification and accreditation supervision and administration, complete the review of certification bodies, inspection bodies, and laboratories, make a decision on whether to grant accreditation, and keep complete records of the accreditation process for archiving and retention. The accreditation body shall ensure the objectivity, impartiality, completeness, and validity of accreditation and shall be responsible for accreditation conclusions.
The accreditation body shall issue accreditation certificates to certification bodies, inspection bodies, and laboratories that have obtained accreditation, and shall publish a directory of certification bodies, inspection bodies, and laboratories that have obtained accreditation.
Article 45The accreditation body shall, in accordance with national standards and the provisions of the department under the State Council in charge of certification and accreditation supervision and administration, assess personnel engaged in certification activities such as review and audit, and register those who pass the assessment.
Article 46An accreditation certificate shall include the scope of accreditation, accreditation standards, accreditation field, and period of validity.
The format of the accreditation certificate and the design of the accreditation mark must be approved by the department under the State Council in charge of certification and accreditation supervision and administration.
Article 47Institutions that have obtained accreditation shall use accreditation certificates and accreditation marks within the scope of accreditation obtained. Where an institution that has obtained accreditation improperly uses an accreditation certificate or accreditation mark, the accreditation body shall suspend its use until the accreditation certificate is revoked, and shall make this public.
Article 48The accreditation body shall exercise effective follow-up supervision over institutions and personnel that have obtained accreditation, and shall periodically conduct re-review of institutions that have obtained accreditation to verify whether they continue to meet accreditation conditions. Where institutions or personnel that have obtained accreditation no longer meet accreditation conditions, the accreditation body shall revoke the accreditation certificate and make this public.
Where 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 body.
Article 49The accreditation body shall not accept any funding that may affect the objectivity and impartiality of accreditation activities.
Article 50Where domestic certification bodies, inspection bodies, or laboratories obtain accreditation from overseas accreditation bodies, they shall file a record with the department under the State Council in charge of certification and accreditation supervision and administration.文章源自FOFCC-http://fofcc.org.cn/en/11198/
Chapter V Supervision and Administration文章源自FOFCC-http://fofcc.org.cn/en/11198/
Article 51The department under the State Council in charge of certification and accreditation supervision and administration 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 bodies and related inspection bodies and laboratories to report on their business activities. Where any violation of these Regulations is discovered, it shall be investigated and handled promptly; where matters involve the duties of relevant departments under the State Council, the relevant departments shall be notified promptly.
Article 52The department under the State Council in charge of certification and accreditation supervision and administration shall focus supervision on designated certification bodies, inspection bodies, and laboratories, and shall conduct regular or irregular inspections of their certification, inspection, and testing activities. Designated certification bodies, inspection bodies, and laboratories shall periodically submit reports to the department under the State Council in charge of certification and accreditation supervision and administration and shall be responsible for the authenticity of the reports; the reports shall explain the circumstances of their engagement in certification, inspection, and testing activities for products listed in the directory.
Article 53The accreditation body shall periodically submit reports to the department under the State Council in charge of certification and accreditation supervision and administration and shall be responsible for the authenticity of the reports; the reports shall explain the circumstances of the accreditation body's implementation of the accreditation system, its engagement in accreditation activities, and the work of its personnel.
The administrative department for certification and accreditation supervision under the State Council shall evaluate the reports of accreditation bodies and shall exercise supervision over accreditation bodies by means such as reviewing the archival materials of accreditation activities and seeking information from the relevant personnel.
Article 54The administrative department for certification and accreditation supervision under the State Council may, according to the needs of certification and accreditation supervision and administration, make inquiries of the principal persons in charge of accreditation bodies, certification bodies, inspection bodies, and laboratories on relevant matters, investigate and ascertain 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 of authorization by the administrative department for certification and accreditation supervision under the State Council, exercise supervision and administration over 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 supervision 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 shall have the right to report illegal acts related to certification and accreditation to the administrative department for certification and accreditation supervision under the State Council and local certification supervision and administration departments. The administrative department for certification and accreditation supervision under the State Council and local certification supervision and administration departments shall promptly investigate and handle such reports and shall keep the identity of the reporters confidential.文章源自FOFCC-http://fofcc.org.cn/en/11198/
Chapter VI Legal Liability文章源自FOFCC-http://fofcc.org.cn/en/11198/
Article 57Those who engage 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 objective and impartial conduct of certification activities, or engages in product development, marketing, or other activities that may affect the objective and impartial conduct of certification activities, or has an interest relationship with the certification client in terms of assets or management, 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 in accordance with the 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 the basic certification norms and 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 the use of or revoke and announce the certification certificates upon discovering that the certified products, services, or management systems cannot continuously meet the certification requirements;
(4) employing personnel not 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 the basic certification norms and 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 consulting or certification training, or imposing requirements or restrictive conditions unrelated to certification activities on the client;
(2) 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 hinder social management, or harm social morality and customs;
(3) failing to disclose information such as the basic certification norms, certification rules, and fee standards;
(4) failing to make complete records of the certification process and keep them on file;
(5) failing to promptly issue certification certificates to the clients it has certified.
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 in accordance with the 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 but do not practice 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 in certification of products listed in the catalog, or inspection and testing activities related to certification, without designation, 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 in certification activities for products listed in the catalog without designation, the approval document shall be revoked and announced to the public.
Article 65Where a designated certification body, inspection body, or laboratory engages in certification of products listed in the catalog, or inspection and testing activities related to certification, beyond the designated business scope, 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 supervision 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 and personnel that do not meet the accreditation conditions;
(2) failing to promptly revoke and announce the accreditation certificate upon discovering that accredited institutions and personnel no longer meet the accreditation conditions;
(3) Accepting funding that may affect the objectivity and impartiality of accreditation activities.
The principal persons in charge of an accreditation body and the persons responsible who have been removed from office or dismissed shall not engage in accreditation activities within 5 years from the date of removal from office or dismissal.
Article 69Where an accreditation body falls under any of the following circumstances, it shall be ordered to make corrections; the principal persons in charge and the persons responsible shall be given a warning:
(1) Accepting an accreditation application and imposing requirements or restrictive conditions unrelated to accreditation activities on the applicant;
(2) Failing to complete accreditation activities within the published time limit, or failing to disclose information such as accreditation conditions, accreditation procedures, and fee standards;
(3) Upon discovering that an accredited body improperly uses an accreditation certificate or accreditation mark, failing to promptly suspend its use or revoke the accreditation certificate and make it public;
(4) Failing to make complete records of the accreditation process and keep them 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 persons 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 or inspection or testing conclusions related to certification, or issues certification or inspection or 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, an accreditation body shall no longer accept his or her registration application.
Article 74Where a certification body fails to conduct effective follow-up investigations of the products it certifies, or upon discovering that the products it certifies can no longer 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/en/11198/
Chapter VII Supplementary Provisions文章源自FOFCC-http://fofcc.org.cn/en/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 the accreditation of laboratories and their personnel engaged in calibration and testing of military products.
Where a certification body approved in accordance with these Regulations engages in management system certification for mining, hazardous chemicals, and fireworks and firecracker production and operation entities, it 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 entities may obtain accreditation from an accreditation body only upon recommendation by the work safety supervision and administration department of the State Council.
Article 76Certification and accreditation fees 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/en/11198/