(Adopted at the 5th Meeting of the Standing Committee of the Seventh National People's Congress on 29 December 1988 and promulgated by Order No. 11 of the President of the People's Republic of China on 29 December 1988)文章源自FOFCC-http://fofcc.org.cn/en/11212/
Chapter 1 General Provisions文章源自FOFCC-http://fofcc.org.cn/en/11212/
Article 1 This Law is formulated with a view to developing the socialist commodity economy, promoting technological progress, improving product quality, raising social and economic efficiency, safeguarding the interests of the State and the people, and enabling standardisation work to meet the needs of socialist modernisation and the development of external economic relations.文章源自FOFCC-http://fofcc.org.cn/en/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/en/11212/
(1) The variety, specification, quality, grade, or safety and health requirements of industrial products.文章源自FOFCC-http://fofcc.org.cn/en/11212/
(2) Methods for the design, production, inspection, packaging, storage, transportation, or use of industrial products, or safety and hygiene requirements in the processes of production, storage, and transportation.文章源自FOFCC-http://fofcc.org.cn/en/11212/
(3) Various technical requirements and test methods related to environmental protection.文章源自FOFCC-http://fofcc.org.cn/en/11212/
(4) The design, construction methods and safety requirements for construction projects.文章源自FOFCC-http://fofcc.org.cn/en/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/en/11212/
Important agricultural products and other items for which standards need to be formulated shall be specified by the State Council.文章源自FOFCC-http://fofcc.org.cn/en/11212/
Article 3 The tasks of standardisation work are to formulate standards, organise the implementation of standards, and supervise the implementation of standards.文章源自FOFCC-http://fofcc.org.cn/en/11212/
Standardisation work shall be incorporated into the national economic and social development plans.文章源自FOFCC-http://fofcc.org.cn/en/11212/
Article 4 The State encourages the active adoption of international standards.文章源自FOFCC-http://fofcc.org.cn/en/11212/
Article 5 The administrative department for standardisation under the State Council shall exercise unified administration over standardisation work across the country. The relevant administrative departments under the State Council shall, in accordance with the division of responsibilities, manage standardisation work within their respective departments and industries.文章源自FOFCC-http://fofcc.org.cn/en/11212/
The administrative departments for standardization of provinces, autonomous regions, and municipalities directly under the Central Government shall uniformly manage the standardization work within their respective administrative areas. The relevant administrative departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall, within the scope of their respective duties, manage the standardization work for their respective departments and industries within their respective administrative areas.文章源自FOFCC-http://fofcc.org.cn/en/11212/
Municipal and county competent departments of standardization and relevant administrative departments shall, in accordance with their respective responsibilities defined by the people's governments of provinces, autonomous regions, or municipalities directly under the Central Government, manage the standardization work within their respective administrative areas.文章源自FOFCC-http://fofcc.org.cn/en/11212/
Chapter 2 Formulation of Standards文章源自FOFCC-http://fofcc.org.cn/en/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. Where there are no national standards, but technical requirements 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 reported to the administrative department for standardization under the State Council for the record; upon the publication of national standards, the said industry standards shall be annulled forthwith. Where there are neither national standards nor industry standards, but safety and health requirements for industrial products need to be unified within the range of provinces, autonomous regions, or municipalities 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, or municipalities directly under the Central Government, and reported to the administrative department for standardization under the State Council and the relevant administrative departments under the State Council for the record; upon the publication of national standards or industry standards, the said local standards shall be annulled forthwith.文章源自FOFCC-http://fofcc.org.cn/en/11212/
Where enterprises manufacture products for which there are no national or trade standards, they shall formulate enterprise standards which shall serve as the basis for organising production. Product standards of an enterprise shall be filed with the local government standardisation administration department and relevant administrative departments. Where national or trade standards already exist, the State encourages enterprises to formulate enterprise standards that are stricter than the national or trade standards for application within the enterprise.文章源自FOFCC-http://fofcc.org.cn/en/11212/
Where the law provides otherwise in respect of the formulation of standards, those provisions shall apply.文章源自FOFCC-http://fofcc.org.cn/en/11212/
Article 7 National standards and industry standards are categorized into mandatory standards and recommended standards. Standards relating to the protection of human health, personal safety, and property safety, as well as those mandated for enforcement by laws and administrative regulations, are mandatory standards; other standards are recommended standards.文章源自FOFCC-http://fofcc.org.cn/en/11212/
Local standards for the safety and hygiene requirements of industrial products formulated by the administrative departments for standardisation of provinces, autonomous regions, and municipalities directly under the Central Government shall be mandatory standards within their respective administrative areas.文章源自FOFCC-http://fofcc.org.cn/en/11212/
Article 8 The formulation of standards shall be conducive to guaranteeing safety and the physical health of the people, protecting the interests of consumers, and protecting the environment.文章源自FOFCC-http://fofcc.org.cn/en/11212/
Article 9 The formulation of standards shall be conducive to the rational utilisation of state resources, the promotion of scientific and technological achievements, and the improvement of economic benefits; it shall also comply with usage requirements, facilitate the universal interchangeability of products, and achieve technological advancement coupled with economic rationality.文章源自FOFCC-http://fofcc.org.cn/en/11212/
Article 10 The formulation of standards shall ensure the coordination and complementarity of relevant standards.文章源自FOFCC-http://fofcc.org.cn/en/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/en/11212/
Article 12 The formulation of standards shall give play to the roles of industry associations, scientific research institutions, and academic bodies.文章源自FOFCC-http://fofcc.org.cn/en/11212/
The department responsible for formulating standards shall organise a standardisation technical committee consisting of experts, who shall be responsible for drafting standards and participating in the review of draft standards.文章源自FOFCC-http://fofcc.org.cn/en/11212/
Article 13 After a standard has been implemented, the department that formulated the standard shall, in a timely manner according to the development of science and technology and the needs of economic construction, conduct a review to confirm that the current standard remains valid, or to have it revised or annulled.文章源自FOFCC-http://fofcc.org.cn/en/11212/
Chapter 3 Implementation of standards文章源自FOFCC-http://fofcc.org.cn/en/11212/
Article 14 Mandatory standards must be enforced. The production, sale, and importation of products that do not conform to mandatory standards are prohibited. Enterprises are encouraged by the State to voluntarily adopt voluntary standards.文章源自FOFCC-http://fofcc.org.cn/en/11212/
Article 15: For products with national or industry standards, enterprises may apply for product quality certification to the standardization administrative department of the State Council or a department authorised by it. If the certification is passed, a certificate certificate is awarded by the certification authority, and the use of the specified certification mark is permitted on the product or its packaging.文章源自FOFCC-http://fofcc.org.cn/en/11212/
Products that have already obtained certificate but fail to comply with national or industry standards, as well as products that are uncertified or fail to pass certification, shall not use the certification mark to leave the factory for sale.文章源自FOFCC-http://fofcc.org.cn/en/11212/
Article 16. The technical requirements for exported products shall be implemented in accordance with the stipulations of the contract.文章源自FOFCC-http://fofcc.org.cn/en/11212/
Article 17 Enterprises shall comply with standardization requirements when developing new products, improving products, and carrying out technological upgrades.文章源自FOFCC-http://fofcc.org.cn/en/11212/
Article 18 The administrative departments for standardization of the governments at or above the county level shall be responsible for the supervision and inspection of the implementation of standards.文章源自FOFCC-http://fofcc.org.cn/en/11212/
Article 19. Administrative departments for standardisation of governments at or above the county level may, as required, establish inspection institutions, or authorise inspection institutions of other units, to inspect whether products comply with standards. Where laws and administrative regulations contain other provisions regarding inspection institutions, those provisions shall apply.文章源自FOFCC-http://fofcc.org.cn/en/11212/
Disputes concerning whether a product complies with standards shall be settled on the basis of the inspection data provided by the inspection institution specified in the preceding paragraph.文章源自FOFCC-http://fofcc.org.cn/en/11212/
Chapter 4 Legal Liability文章源自FOFCC-http://fofcc.org.cn/en/11212/
Article 20 Where products that fail to comply with mandatory standards are produced, sold, or imported, the administrative authorities provided for by laws and administrative regulations shall handle the matter in accordance with the law; where no such provisions are made by laws or administrative regulations, the administrative authorities for industry and commerce shall confiscate the products and any illegal gains, and impose a fine. If serious consequences are caused constituting a crime, the persons directly in charge and other directly responsible personnel shall be investigated for criminal liability in accordance with the law.文章源自FOFCC-http://fofcc.org.cn/en/11212/
Article 21: Where products that have already been granted certificate fail to comply with national standards or industry standards yet are still sold or distributed using the certification mark, the administrative department for standardisation shall order the cessation of sales and impose a fine; if the circumstances are serious, the certification authority shall revoke their certificate.文章源自FOFCC-http://fofcc.org.cn/en/11212/
Article 22 Where products that have not been certified or have failed certification unauthorisedly use the certification mark to leave the factory for sale, the administrative department for standardisation shall order the cessation of the sale and impose a fine.文章源自FOFCC-http://fofcc.org.cn/en/11212/
Article 23 Where a party is dissatisfied with the penalties of confiscation of products, confiscation of illegal gains, and fines, it may, within 15 days from the date of receiving the penalty notice, apply for review to the authority superior to the one that made the penalty decision; if it is dissatisfied with the review decision, it may, within 15 days from the date of receiving the review decision, bring a lawsuit in a people's court. A party may also, within 15 days from the date of receiving the penalty notice, directly bring a lawsuit in a people's court. If a party neither applies for review nor brings a lawsuit in a people's court upon the expiration of the time limit, nor complies with 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/en/11212/
Article 24 Where supervisory, inspection, or administrative personnel for standardization work abuse their power, neglect their duty, or engage in malpractice for personal gain, administrative sanctions shall be imposed; if a crime is constituted, criminal responsibility shall be pursued in accordance with the law.文章源自FOFCC-http://fofcc.org.cn/en/11212/
Chapter 5 Supplementary Provisions文章源自FOFCC-http://fofcc.org.cn/en/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/en/11212/
Article 26 This Law shall come into force on 1st April 1989.文章源自FOFCC-http://fofcc.org.cn/en/11212/