(Adopted at the Thirtieth Meeting of the Standing Committee of the Seventh National People's Congress on February 22, 1993, and amended in accordance with the Decision on Amending the Product Quality Law of the People's Republic of China adopted at the Sixteenth Meeting of the Standing Committee of the Ninth National People's Congress on July 8, 2000).Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Бүлэг 1: Ерөнхий заалтуудӨгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Article 1 This Law is enacted to strengthen the supervision and administration of product quality, improve the level of product quality, define liability for product quality, protect the lawful rights and interests of consumers, and maintain the social and economic order.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Article 2 All production and sales activities within the People's Republic of China shall comply with this Law.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
The term "products" as used in this Law refers to products that have been processed or manufactured for the purpose of sale.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Construction projects shall not be governed by the provisions of this Law; however, where the building materials, structural components and fittings, and equipment used in construction projects fall within the scope of products as prescribed in the preceding paragraph, the provisions of this Law shall apply.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Article 3 Producers and sellers shall establish and improve internal product quality management systems and strictly implement post-specific quality specifications, quality responsibilities, and corresponding assessment methods.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Article 4 Producers and sellers shall bear liability for product quality in accordance with the provisions of this Law.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Article 5 It is prohibited to forge or fraudulently use certification marks or other quality marks; it is prohibited to forge the place of origin of products, or to forge or fraudulently use another party's factory name or factory address; and it is prohibited to adulterate or mix impurities into products during production or sale, pass off fake products as genuine ones, or pass off inferior products as superior ones.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Article 6 The State encourages the promotion of scientific quality management methods and the adoption of advanced science and technology, and encourages enterprises to achieve and exceed industry standards, national standards, and international standards in product quality.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Units and individuals that demonstrate advanced product quality management and whose product quality reaches the internationally advanced level with outstanding achievements shall be rewarded.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Article 7 People's governments at all levels shall incorporate the improvement of product quality into national economic and social development plans, strengthen overall planning and organizational leadership for product quality work, guide and urge producers and sellers to strengthen product quality management and improve product quality, and organize relevant departments to take measures in accordance with law to stop acts in product production and sale that violate the provisions of this Law, so as to ensure the implementation of this Law.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Article 8 The product quality supervision department of the State Council shall be in charge of product quality supervision throughout the country. Relevant departments of the State Council shall be responsible for product quality supervision within the scope of their respective duties.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Local product quality supervision departments at or above the county level shall be in charge of product quality supervision within their respective administrative regions. Relevant departments of local people's governments at or above the county level shall be responsible for product quality supervision within the scope of their respective duties.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Where the law provides otherwise for the departments responsible for product quality supervision, the provisions of the relevant laws shall prevail.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Article 9 Staff members of people's governments at all levels and staff members of other State organs shall not abuse their powers, neglect their duties, or engage in malpractices for personal gain by shielding or conniving at acts in product production and sale within their region or system that violate the provisions of this Law, or by obstructing or interfering with the investigation and handling of acts in product production and sale that violate the provisions of this Law in accordance with law.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Where local people's governments at all levels or other State organs shield or connive at acts in product production and sale that violate the provisions of this Law, the legal liability of their principal persons in charge shall be pursued in accordance with law.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Article 10 Any unit or individual shall have the right to report acts that violate the provisions of this Law to the product quality supervision department or other relevant departments.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Product quality supervision departments and relevant departments shall keep informants confidential and grant rewards in accordance with the provisions of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Article 11 No unit or individual may exclude quality-qualified products produced by enterprises outside their own region or system from entering that region or system.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Chapter II Supervision of Product QualityӨгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Article 12 Product quality shall pass inspection, and substandard products shall not be passed off as qualified products.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Article 13 Industrial products that may endanger human health and the safety of persons and property must comply with national standards and industry standards for ensuring human health and the safety of persons and property; where no national standards or industry standards have been formulated, they must comply with the requirements for ensuring human health and the safety of persons and property.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
It is prohibited to produce or sell industrial products that do not comply with the standards and requirements for ensuring human health and the safety of persons and property. Specific administrative measures shall be prescribed by the State Council.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Article 14 In accordance with internationally accepted quality management standards, the State promotes the enterprise quality system certification system. Enterprises may, on a voluntary basis, apply to certification bodies recognized by the product quality supervision department of the State Council or by departments authorized by the product quality supervision department of the State Council for enterprise quality system certification. Where certification is passed, the certification body shall issue an enterprise quality system certification certificate.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
With reference to internationally advanced product standards and technical requirements, the State promotes the product quality certification system. Enterprises may, on a voluntary basis, apply to certification bodies recognized by the product quality supervision department of the State Council or by departments authorized by the product quality supervision department of the State Council for product quality certification. Where certification is passed, the certification body shall issue a product quality certification certificate and permit the enterprise to use the product quality certification mark on the product or its packaging.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Article 15 The State implements a supervision and inspection system for product quality with random inspection as the principal method, conducting random inspections of products that may endanger human health and the safety of persons and property, important industrial products affecting the national economy and people's livelihood, and products reported by consumers or relevant organizations to have quality problems. Samples for random inspection shall be randomly selected from products on the market or from products awaiting sale in an enterprise's finished product warehouse. The work of supervision and random inspection shall be planned and organized by the product quality supervision department of the State Council. Local product quality supervision departments at or above the county level may also organize supervision and random inspection within their respective administrative regions. Where the law provides otherwise for supervision and inspection of product quality, the provisions of the relevant laws shall prevail.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
For products subject to State supervision and random inspection, local authorities may not conduct separate repeated random inspections; for products subject to supervision and random inspection by higher-level authorities, lower-level authorities may not conduct separate repeated random inspections.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Where necessary for supervision and random inspection, products may be inspected. The number of samples taken for inspection shall not exceed the reasonable need for inspection, and inspection fees shall not be collected from the party being inspected. Inspection fees required for supervision and random inspection shall be disbursed in accordance with the provisions of the State Council.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Where producers or sellers object to the results of random inspection and testing, they may, within fifteen days from the date of receiving the inspection results, apply for re-inspection to the product quality supervision department that conducted the supervision and random inspection or to its superior product quality supervision department, and the product quality supervision department accepting the re-inspection application shall make a re-inspection conclusion.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Article 16 Producers and sellers shall not refuse product quality supervision and inspection conducted in accordance with law.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Article 17 Where products subject to supervision and random inspection in accordance with the provisions of this Law are not up to standard in quality, the product quality supervision department that conducted the supervision and random inspection shall order their producers and sellers to make corrections within a prescribed time limit. Where corrections are not made within the time limit, the product quality supervision department of the people's government at or above the provincial level shall make a public announcement; where, after the announcement, re-inspection still shows that the products are not up to standard, the enterprise shall be ordered to suspend business and make rectification within a prescribed time limit; where, upon expiration of the rectification period, re-inspection still shows that product quality is not up to standard, the business license shall be revoked.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Where products subject to supervision and random inspection have serious quality problems, they shall be punished in accordance with the relevant provisions of Chapter V of this Law.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Article 18 Where product quality supervision departments at or above the county level, based on obtained evidence of suspected violations or on reports, investigate and handle acts suspected of violating the provisions of this Law, they may exercise the following powers:Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
(1) to conduct on-site inspection of the premises where the party is suspected of engaging in production or sales activities in violation of this Law;Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
(2) to investigate and ascertain from the party's legal representative, principal persons in charge, and other relevant personnel circumstances related to the suspected production or sales activities in violation of this Law;Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
(3) to consult and copy the party's relevant contracts, invoices, account books, and other relevant materials;Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
(4) to seal up or seize products that are believed on reasonable grounds to fail to comply with national standards or industry standards for ensuring human health and the safety of persons and property, or that have other serious quality problems, as well as raw and auxiliary materials, packaging materials, and production tools directly used in the production or sale of such products.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Where administrative departments for industry and commerce at or above the county level, within the scope of duties prescribed by the State Council, investigate and handle acts suspected of violating the provisions of this Law, they may exercise the powers prescribed in the preceding paragraph.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Article 19 Product quality inspection institutions must possess the corresponding testing conditions and capabilities, and may undertake product quality inspection work only after passing assessment by the product quality supervision department of the people's government at or above the provincial level or by a department authorized by it. Where laws or administrative regulations provide otherwise for product quality inspection institutions, the provisions of the relevant laws and administrative regulations shall prevail.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Article 20 Social intermediary institutions engaged in product quality inspection and certification must be established in accordance with law and shall not have a subordinate relationship or other interest relationship with administrative organs or other State organs.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Article 21 Product quality inspection institutions and certification institutions must, in accordance with law and relevant standards, issue inspection results or certification documents objectively and impartially.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Product quality certification institutions shall, in accordance with State provisions, conduct follow-up inspections after certification of products permitted to use the certification mark; where products use the certification mark but do not conform to the certification standards, they shall require correction; where the circumstances are serious, their qualification to use the certification mark shall be revoked.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Article 22 Consumers shall have the right to inquire of producers and sellers about product quality problems, and to complain to product quality supervision departments, administrative departments for industry and commerce, and relevant departments, and the departments accepting the complaints shall be responsible for handling them.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Article 23 Social organizations protecting consumer rights and interests may, with respect to product quality problems reported by consumers, suggest that relevant departments handle them responsibly, and support consumers in filing lawsuits with people's courts for damage caused by product quality.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Article 24 The product quality supervision departments of the State Council and of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall regularly publish announcements on the quality status of products under their supervision and random inspection.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Article 25 Product quality supervision departments or other State organs, as well as product quality inspection institutions, shall not recommend producers' products to the public, nor participate in product business activities by such means as supervising the manufacture or supervising the sale of products.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Chapter III Product Quality Responsibilities and Obligations of Producers and SellersӨгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Section 1 Product Quality Responsibilities and Obligations of ProducersӨгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Article 26 Producers shall be responsible for the quality of the products they produce.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Product quality shall meet the following requirements:Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
(1) there is no unreasonable danger endangering the safety of persons or property, and where there are national standards or industry standards for ensuring human health and the safety of persons and property, the products shall comply with such standards;Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
(2) The products shall possess the performance characteristics they should have, unless prior explanation is given regarding defects in their performance characteristics;Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
(3) They shall conform to the product standards indicated as adopted on the products or their packaging, and conform to the quality conditions indicated by such means as product descriptions and physical samples.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Article 27 The markings on products or their packaging must be truthful and shall meet the following requirements:Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
(1) There shall be a certificate of quality inspection;Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
(2) There shall be the product name, the name and address of the manufacturer indicated in Chinese;Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
(3) Where, according to the characteristics and requirements for use of the product, it is necessary to indicate the specifications, grade, names and contents of the main ingredients of the product, this shall be indicated correspondingly in Chinese; where consumers need to be informed in advance, this shall be indicated on the outer packaging, or relevant information shall be provided to consumers in advance;Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
(4) For products with a limited period of use, the date of production and the safe use period or expiration date shall be clearly indicated in a prominent position;Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
(5) For products which, if used improperly, are likely to cause damage to the products themselves or may endanger personal or property safety, there shall be warning marks or Chinese warning instructions.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
For unpackaged food and other unpackaged products for which it is difficult to attach markings according to the characteristics of the products, product markings may be omitted.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Article 28 For dangerous articles such as fragile, flammable, explosive, toxic, corrosive, and radioactive articles, as well as products that cannot be inverted during storage and transportation and other products with special requirements, the packaging quality must meet the corresponding requirements, and warning marks or Chinese warning instructions shall be made in accordance with relevant state regulations, and precautions for storage and transportation shall be indicated.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Article 29 Producers shall not produce products that are explicitly eliminated by the state.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Article 30 Producers shall not forge the place of origin, nor forge or fraudulently use another person's factory name or factory address.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Article 31 Producers shall not forge or fraudulently use quality marks such as certification marks.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Article 32 In producing products, producers shall not adulterate or mix impurities into products, shall not pass fake products off as genuine ones, shall not pass inferior products off as superior ones, and shall not pass unqualified products off as qualified products.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Section 2 The Product Quality Responsibilities and Obligations of SellersӨгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Article 33 Sellers shall establish and implement a system of inspection and acceptance upon purchase, and verify the product qualification certificates and other markings.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Article 34 Sellers shall take measures to maintain the quality of the products they sell.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Article 35 Sellers shall not sell products that are explicitly eliminated by the state and whose sale has been stopped, nor products that have expired or deteriorated.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Article 36 The markings of products sold by sellers shall conform to the provisions of Article 27 of this Law.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Article 37 Sellers shall not forge the place of origin, nor forge or fraudulently use another person's factory name or factory address.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Article 38 Sellers shall not forge or fraudulently use quality marks such as certification marks.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Article 39 In selling products, sellers shall not adulterate or mix impurities into products, shall not pass fake products off as genuine ones, shall not pass inferior products off as superior ones, and shall not pass unqualified products off as qualified products.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Chapter IV Compensation for DamageӨгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Article 40 Where a product sold falls under any of the following circumstances, the seller shall be responsible for repair, replacement, or return; where losses are caused to consumers who purchased the product, the seller shall compensate for the losses:Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
(1) It does not possess the performance characteristics it should have, and no prior explanation was made;Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
(2) It does not conform to the product standards indicated as adopted on the product or its packaging;Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
(3) It does not conform to the quality conditions indicated by such means as product descriptions and physical samples.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
After a seller is responsible for repair, replacement, return, or compensation for losses in accordance with the provisions of the preceding paragraph, if the responsibility lies with the producer or with another seller who supplied the product to the seller (hereinafter referred to as the supplier), the seller shall have the right to recover compensation from the producer or supplier.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Where a seller fails to provide repair, replacement, return, or compensation for losses in accordance with the provisions of the first paragraph, the product quality supervision department or the administrative department for industry and commerce shall order it to make corrections.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Where sales contracts or work contracts concluded between producers, between sellers, or between producers and sellers contain different agreements, the parties to the contracts shall perform according to the contract agreements.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Article 41 Where a defect in a product causes damage to personal injury or property other than the defective product itself (hereinafter referred to as another person's property), the producer shall bear liability for compensation.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
A producer shall not bear liability for compensation if it can prove any of the following circumstances:Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
(1) The product was not put into circulation;Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
(2) When the product was put into circulation, the defect causing the damage did not yet exist;Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
(3) At the time the product was put into circulation, the level of scientific and technological knowledge was not yet sufficient to discover the existence of the defect.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Article 42 Where a defect in a product is caused by the fault of a seller and causes damage to personal injury or another person's property, the seller shall bear liability for compensation.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Where a seller cannot identify the producer of the defective product or cannot identify the supplier of the defective product, the seller shall bear liability for compensation.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Article 43 Where a defect in a product causes damage to personal injury or another person's property, the victim may demand compensation from the producer of the product or from the seller of the product. Where the responsibility lies with the producer and the seller has compensated, the seller shall have the right to recover compensation from the producer. Where the responsibility lies with the seller and the producer has compensated, the producer shall have the right to recover compensation from the seller.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Article 44 Where a defect in a product causes personal injury to the victim, the infringer shall compensate for medical expenses, nursing expenses during treatment, income reduced due to lost work, and other expenses; where disability is caused, it shall also pay for self-help devices for daily living for the disabled, living allowances, disability compensation, and necessary living expenses for persons supported by the disabled person; where the victim dies, it shall also pay funeral expenses, death compensation, and necessary living expenses for persons supported by the deceased before death.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Where a defect in a product causes property loss to the victim, the infringer shall restore the property to its original condition or compensate at a reduced price. Where the victim suffers other major losses as a result, the infringer shall compensate for the losses.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Article 45 The limitation period for filing a lawsuit demanding compensation for damage caused by a product defect shall be two years, calculated from the time when the party knew or should have known that its rights and interests were harmed.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
The right to claim compensation for damage caused by a product defect shall be extinguished ten years after the defective product causing the damage was delivered to the first consumer; except where the expressly stated safe use period has not yet been exceeded.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Article 46 For the purposes of this Law, "defect" means an unreasonable danger in a product that endangers personal safety or the safety of another person's property; where a product has national standards or industry standards for ensuring human health and personal and property safety, it means failure to conform to those standards.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Article 47 Where a civil dispute arises over product quality, the parties may resolve it through consultation or mediation. If the parties are unwilling to resolve it through consultation or mediation, or if consultation or mediation fails, they may apply to an arbitration institution for arbitration according to the agreement of the parties; if the parties have not reached an arbitration agreement or the arbitration agreement is invalid, they may directly bring a lawsuit in a people's court.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Article 48 An arbitration institution or a people's court may entrust a product quality inspection institution as provided in Article 19 of this Law to inspect the relevant product quality.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Chapter V Penalty ProvisionsӨгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Article 49 Whoever produces or sells products that do not conform to the national standards or industry standards for ensuring human health and personal and property safety shall be ordered to stop production and sale, the illegally produced or sold products shall be confiscated, and a fine of not less than the value of the illegally produced or sold products (including products already sold and not yet sold, the same below) and not more than three times that value shall be imposed; where there are illegal gains, the illegal gains shall also be confiscated; where the circumstances are serious, the business license shall be revoked; where a crime is constituted, criminal liability shall be pursued according to law.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Article 50 Whoever adulterates or mixes impurities into products, passes fake products off as genuine ones, passes inferior products off as superior ones, or passes unqualified products off as qualified products shall be ordered to stop production and sale, the illegally produced or sold products shall be confiscated, and a fine of not less than 50 percent of the value of the illegally produced or sold products and not more than three times that value shall be imposed; where there are illegal gains, the illegal gains shall also be confiscated; where the circumstances are serious, the business license shall be revoked; where a crime is constituted, criminal liability shall be pursued according to law.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Article 51 Whoever produces products explicitly eliminated by the state, or sells products explicitly eliminated by the state and whose sale has been stopped, shall be ordered to stop production and sale, the illegally produced or sold products shall be confiscated, and a fine of not more than the value of the illegally produced or sold products shall be imposed; where there are illegal gains, the illegal gains shall also be confiscated; where the circumstances are serious, the business license shall be revoked.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Article 52 Whoever sells expired or deteriorated products shall be ordered to stop sale, the illegally sold products shall be confiscated, and a fine of not more than twice the value of the illegally sold products shall be imposed; where there are illegal gains, the illegal gains shall also be confiscated; where the circumstances are serious, the business license shall be revoked; where a crime is constituted, criminal liability shall be pursued according to law.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Article 53: Anyone who forges the origin of a product, forges or fraudulently uses another person's factory name or factory address, or forges or fraudulently uses certification marks or other quality marks shall be ordered to make corrections, the products illegally produced and sold shall be confiscated, and a fine of not more than the equivalent value of the illegally produced and sold products shall be imposed; if there is illegal income, the illegal income shall also be confiscated; if the circumstances are serious, the business license shall be revoked.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Article 54: If product markings do not conform to the provisions of Article 27 of this Law, the party shall be ordered to make corrections; if the markings of packaged products do not conform to the provisions of Article 27, items (4) and (5) of this Law, and the circumstances are serious, the party shall be ordered to stop production and sales, and a fine of not more than 30 percent of the value of the illegally produced and sold products shall be imposed; if there is illegal income, the illegal income shall also be confiscated.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Article 55: If a seller sells products prohibited from sale as provided in Articles 49 to 53 of this Law, and there is sufficient evidence to prove that it did not know that the products were prohibited from sale and truthfully explains the source of its purchase, it may be given a lighter or mitigated punishment.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Article 56: Anyone who refuses to accept a lawfully conducted supervisory inspection of product quality shall be given a warning and ordered to make corrections; if it refuses to make corrections, it shall be ordered to suspend business for rectification; if the circumstances are especially serious, its business license shall be revoked.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Article 57: If a product quality inspection institution or certification institution forges inspection results or issues false certificates, it shall be ordered to make corrections, a fine of not less than 50,000 yuan and not more than 100,000 yuan shall be imposed on the entity, and a fine of not less than 10,000 yuan and not more than 50,000 yuan shall be imposed on the directly responsible person in charge and other directly responsible personnel; if there is illegal income, the illegal income shall also be confiscated; if the circumstances are serious, its inspection qualification or certification qualification shall be revoked; if a crime is constituted, criminal liability shall be pursued according to law.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
If the inspection results or certificates issued by a product quality inspection institution or certification institution are untrue and cause losses, it shall bear corresponding compensation liability; if major losses are caused, its inspection qualification or certification qualification shall be revoked.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
If a product quality certification institution, in violation of the provisions of paragraph 2 of Article 21 of this Law, fails to require correction according to law or to disqualify from using certification marks a product that does not conform to certification standards but uses certification marks, it shall bear joint and several liability with the producer and seller of the product for losses caused to consumers because the product does not conform to certification standards; if the circumstances are serious, its certification qualification shall be revoked.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Article 58: If a social organization or social intermediary institution makes a promise or guarantee regarding product quality, and the product does not conform to the quality requirements promised or guaranteed, causing losses to consumers, it shall bear joint and several liability with the producer and seller of the product.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Article 59: Anyone who makes false publicity about product quality in advertisements, deceiving and misleading consumers, shall be investigated for legal liability in accordance with the provisions of the Advertising Law of the People's Republic of China.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Article 60: Raw and auxiliary materials, packaging materials, and production tools specially used by producers to produce the products listed in Articles 49 and 51 of this Law or products passed off as genuine shall be confiscated.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Article 61: Anyone who knows or ought to know that products are prohibited from production or sale as provided in this Law and still provides transportation, storage, warehousing, or other conveniences for them, or provides production technology for counterfeit production for products passed off as genuine, shall have all income from transportation, storage, warehousing, or provision of counterfeit production technology confiscated, and shall also be fined not less than 50 percent and not more than three times the illegal income; if a crime is constituted, criminal liability shall be pursued according to law.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Article 62: If an operator in the service industry uses products prohibited from sale as provided in Articles 49 to 52 of this Law in operational services, it shall be ordered to stop using them; if it knows or ought to know that the products used are products prohibited from sale as provided in this Law, it shall be punished according to the provisions of this Law on punishment of sellers based on the value of the illegally used products (including products already used and not yet used).Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Article 63: Anyone who conceals, transfers, sells off, or destroys articles sealed up or seized by the product quality supervision department or the administrative department for industry and commerce shall be fined not less than the equivalent value and not more than three times the value of the concealed, transferred, sold off, or destroyed articles; if there is illegal income, the illegal income shall also be confiscated.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Article 64: If, in violation of the provisions of this Law, a party should bear civil compensation liability and also pay a fine or penalty, and its property is insufficient to pay both at the same time, it shall first bear civil compensation liability.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Article 65: If staff members of people's governments at all levels and staff members of other state organs commit any of the following circumstances, they shall be given administrative sanctions according to law; if a crime is constituted, criminal liability shall be pursued according to law:Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
(1) shielding or conniving at acts violating the provisions of this Law in the production or sale of products;Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
(2) tipping off parties engaged in production or sales activities violating the provisions of this Law, helping them evade investigation and handling;Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
(3) obstructing or interfering with the product quality supervision department or the administrative department for industry and commerce in lawfully investigating and handling acts violating the provisions of this Law in the production or sale of products, causing serious consequences.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Article 66: If a product quality supervision department, in a supervisory spot check of product quality, demands samples in excess of the prescribed quantity or collects inspection fees from the inspected party, the superior product quality supervision department or the supervisory organ shall order it to return them; if the circumstances are serious, administrative sanctions shall be given according to law to the directly responsible person in charge and other directly responsible personnel.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Article 67: If a product quality supervision department or another state organ, in violation of the provisions of Article 25 of this Law, recommends a producer's products to society or participates in product business activities by such means as supervised production or supervised sale, its superior organ or the supervisory organ shall order it to make corrections and eliminate the effects, and any illegal income shall be confiscated; if the circumstances are serious, administrative sanctions shall be given according to law to the directly responsible person in charge and other directly responsible personnel.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
If a product quality inspection institution commits any of the illegal acts listed in the preceding paragraph, the product quality supervision department shall order it to make corrections and eliminate the effects, and any illegal income shall be confiscated, and it may also be fined not more than one time the illegal income; if the circumstances are serious, its quality inspection qualification shall be revoked.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Article 68: If staff members of a product quality supervision department or the administrative department for industry and commerce abuse their powers, neglect their duties, or engage in malpractices for personal gain, and a crime is constituted, criminal liability shall be pursued according to law; if a crime is not constituted, administrative sanctions shall be given according to law.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Article 69: Anyone who obstructs, by violence or threat, staff members of a product quality supervision department or the administrative department for industry and commerce from lawfully performing their duties shall be pursued for criminal liability according to law; anyone who refuses or obstructs without using violence or threat shall be punished by the public security organ in accordance with the provisions of the Regulations on Public Security Administration Punishments.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Article 70: The administrative penalty of revoking the business license as provided in this Law shall be decided by the administrative department for industry and commerce, and the administrative penalties provided in Articles 49 to 57 and Articles 60 to 63 of this Law shall be decided by the product quality supervision department or the administrative department for industry and commerce within the scope of functions and powers prescribed by the State Council. If laws or administrative regulations otherwise provide for the organs exercising the power of administrative penalty, the provisions of the relevant laws and administrative regulations shall be followed.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Article 71: Products confiscated in accordance with the provisions of this Law shall be destroyed or handled by other means in accordance with the relevant provisions of the State.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Article 72: The value of products as provided in Articles 49 to 54, Article 62, and Article 63 of this Law shall be calculated according to the marked price of the illegally produced and sold products; if there is no marked price, it shall be calculated according to the market price of similar products.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
6-р бүлэг: Нэмэлт заалтуудӨгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Article 73: Measures for the supervision and administration of the quality of military industrial products shall be formulated separately by the State Council and the Central Military Commission. If laws or administrative regulations otherwise provide for compensation liability for damage caused by nuclear facilities or nuclear products, the provisions thereof shall be followed.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/
Article 74: This Law shall come into force on September 1, 1993.Өгүүлэл нь ...-аас авсанFOFCC-http://fofcc.org.cn/mn/11213/