Decree of the State Council of the People's Republic of ChinaArtikel berasal dariFOFCC-http://fofcc.org.cn/ms/11198/
(No. 390)Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11198/
The Regulations of the People's Republic of China on Certification and Accreditation were adopted at the 18th executive meeting of the State Council on August 20, 2003, and are hereby promulgated, effective as of November 1, 2003.
Premier Wen Jiabao
September 3, 2003Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11198/
Regulations of the People's Republic of China on Certification and AccreditationArtikel berasal dariFOFCC-http://fofcc.org.cn/ms/11198/
Chapter I General ProvisionsArtikel berasal dariFOFCC-http://fofcc.org.cn/ms/11198/
Article 1These Regulations are formulated for the purpose of regulating certification and accreditation activities, improving the quality and management level of products and services, and promoting economic and social development.
Article 2For the purposes of these Regulations, "certification" means conformity assessment activities in which a certification body certifies 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 review and audit.
Article 3Any entity engaging in certification and accreditation activities within the territory of the People's Republic of China shall comply with these Regulations.
Article 4The State implements a unified certification and accreditation supervision and administration system.
The State applies a working mechanism for certification and accreditation under which all relevant parties jointly implement such work under the unified administration, supervision, and comprehensive coordination of the certification and accreditation supervision and administration department of the State Council.
Article 5The certification and accreditation supervision and administration department of the State Council shall, in accordance with the law, strengthen the supervision and administration of the activities of certification training institutions and certification consulting institutions.
Article 6Certification and accreditation activities shall follow the principles of objectivity and independence, openness and fairness, and honesty and credibility.
Article 7The State encourages international mutual recognition activities for certification and accreditation on the basis of equality and mutual benefit. International mutual recognition activities for certification and accreditation shall not harm national security or the public interest of society.
Article 8Institutions and personnel engaged in certification and accreditation activities shall be obligated to keep confidential the state secrets and commercial secrets of which they become aware.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11198/
Chapter II Certification BodiesArtikel berasal dariFOFCC-http://fofcc.org.cn/ms/11198/
Article 9To establish a certification body, approval shall be obtained from the certification and accreditation supervision and administration department of the State Council, and legal person status shall be obtained 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.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/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 registered capital of not less than RMB 3 million;
(4) Having 10 or more full-time certification personnel in the corresponding field.
A certification body engaged in product certification activities shall also possess testing, inspection, and other technical capabilities appropriate to the relevant product certification activities.
Article 11In addition to meeting the conditions prescribed in Article 10 of these Regulations, the establishment of a certification body with foreign investment shall also meet the following conditions:
(1) The foreign investor has obtained accreditation from an accreditation body in its country or region;
(2) The foreign investor has more than 3 years of business experience in certification activities.
The application, approval, and registration for the establishment of a foreign-invested certification body shall be handled in accordance with relevant laws and administrative regulations on foreign investment and relevant provisions of the State.
Article 12Procedures for the application and approval for the establishment of a certification body:
(1) An applicant for the establishment of a certification body shall submit a written application to the certification and accreditation supervision and administration department of the State Council and submit supporting documents proving that the conditions prescribed in Article 10 of these Regulations are met;
(2) The certification and accreditation supervision and administration department of the State Council shall, within 90 days from the date of accepting the application for the establishment of a certification body, make a decision on whether to approve. Where matters involve the duties of relevant departments of the State Council, the opinions of such departments shall be solicited. Where approval is decided, an approval document shall be issued to the applicant; where approval is not granted, the applicant shall be notified in writing with reasons stated;
(3) The applicant shall, on the strength of the approval document issued by the certification and accreditation supervision and administration department of the State Council, undergo registration procedures in accordance with the law.
The certification and accreditation supervision and administration department of the State Council shall publish a directory of certification bodies established in accordance with the law.
Article 13A overseas certification body that establishes a representative office within the territory of the People's Republic of China must obtain approval and complete 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 is affiliated, but it shall not engage in certification activities.
The application, approval, and registration for a overseas certification body to establish a representative office within the territory of the People's Republic of China 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 in assets or management with a certification client.
Article 15A certification personnel engaged in certification activities shall practice at one certification body and shall not practice at two or more certification bodies at the same time.
Article 16Inspection bodies and laboratories that issue to society data and results with probative effect shall have the basic conditions and capabilities prescribed by relevant laws and administrative regulations, and may engage in corresponding activities only after being accredited in accordance with the law; the accreditation results shall be published by the certification and accreditation supervision and administration department of the State Council.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11198/
Chapter III CertificationArtikel berasal dariFOFCC-http://fofcc.org.cn/ms/11198/
Article 17The State, according to the needs of economic and social development, promotes certification of products, services, and management systems.
Article 18A certification body shall engage in certification activities in accordance with basic certification specifications and certification rules. The basic certification specifications and certification rules shall be formulated by the certification and accreditation supervision and administration department of the State Council; where matters involve the duties of relevant departments of the State Council, the certification and accreditation supervision and administration department of the State Council shall formulate them jointly with the relevant departments of the State Council.
Where a matter belongs to a new field of certification and the departments specified in the preceding paragraph have not yet formulated certification rules, a certification body may formulate certification rules on its own and file them with the certification and accreditation supervision and administration department of the State Council for record.
Article 19Any legal person, organization, or individual may voluntarily entrust a certification body established in accordance with the law to conduct certification of products, services, and management systems.
Article 20A certification body shall not refuse 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, nor shall it impose on the client requirements or restrictive conditions unrelated to certification activities.
Article 21A certification body shall make public information such as basic certification specifications, certification rules, and fee standards.
Article 22A certification body and inspection bodies and laboratories related to certification shall, in engaging in certification and certification-related inspection and testing activities, complete the procedures prescribed by basic certification specifications and certification rules, ensure the completeness, objectivity, and truthfulness of certification, inspection, and testing, and shall not add, reduce, or omit procedures.
A certification body 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 truthful. 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 meets the certification requirements, the certification body shall promptly issue a certification certificate to the client.
Article 25A person that has 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 and symbols to mislead the public into believing that its management system has been certified, and shall not use management system certification certificates, certification marks, and related words and symbols to mislead the public into believing that its products or services have been certified.
Article 26A certification body may formulate certification marks on its own and file them 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 the same as or similar to certification marks 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 a certified product, service, or management system cannot continuously meet the certification requirements, the certification body shall suspend its use of the certification certificate until the certification certificate is revoked, and shall make this public.
Article 28In order to protect national security, prevent fraudulent conduct, protect human health or safety, protect the life or health of animals and plants, and protect the environment, where the State provides that relevant products must undergo certification, they may leave the factory, be sold, imported, or used in other business activities only after certification and marking with the certification mark.
Article 29For products that must undergo certification, the State shall unify the product catalogue, unify the mandatory requirements of technical specifications, standards, and conformity assessment procedures, unify 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 together with relevant departments of the State Council, published by the certification and accreditation supervision and administration department of the State Council, and implemented jointly with relevant parties.
Article 30Products listed in the catalogue must be certified by 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 32The certification bodies and certification-related inspection bodies and laboratories 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 (hereinafter referred to as designated certification bodies, inspection bodies, and laboratories) shall be institutions that have long been engaged in related business, have no adverse records, and have obtained accreditation in accordance with the provisions of these Regulations and possess the capability to engage in related 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 in these Regulations are designated in each field of products listed in the catalogue.
Before designating the certification bodies, inspection bodies, and laboratories specified in the preceding paragraph, the certification and accreditation supervision and administration department of the State Council shall publish relevant information in advance and organize recognized experts in the relevant fields to form an expert review committee to review the certification bodies, inspection bodies, and laboratories that meet the requirements prescribed in the preceding paragraph; after review and after soliciting opinions from relevant departments of the State Council, 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 certification and accreditation supervision and administration department of the State Council shall publish the list of designated certification bodies, inspection bodies, and laboratories and the designated scope of business.
Without designation, no institution may engage in certification activities for products listed in the catalog or inspection and testing activities related to certification.
Article 34Producers, sellers, or importers of products listed in the catalog may all independently commission designated certification bodies to conduct certification.
Article 35Designated certification bodies, inspection bodies, and laboratories shall, within the designated scope of business, provide convenient and timely certification, inspection, and testing services to clients, and shall not delay, discriminate against, or obstruct clients, or seek improper benefits.
Designated certification bodies shall not transfer designated certification business to other institutions.
Article 36Designated certification bodies, inspection bodies, and laboratories conducting international mutual recognition activities shall do so within the framework of international mutual recognition agreements signed with foreign counterparts by the certification and accreditation supervision and administration department of the State Council or by authorized relevant departments of the State Council.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11198/
Chapter IV AccreditationArtikel berasal dariFOFCC-http://fofcc.org.cn/ms/11198/
Article 37The accreditation body determined by the certification and accreditation supervision and administration department of the State Council (hereinafter referred to as the accreditation body) shall independently conduct accreditation activities.
Apart from the accreditation body determined by the certification and accreditation supervision and administration department of the State Council, no other entity may directly or indirectly engage in accreditation activities. If other entities directly or indirectly engage in accreditation activities, their accreditation results shall be invalid.
Article 38Certification bodies, inspection bodies, and laboratories may, through accreditation by the accreditation body, ensure that their certification, inspection, and testing capabilities continuously and stably 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 appropriate to its accreditation scope 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, 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 requirements, 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 certification and accreditation supervision and administration department of the State Council, complete the review of certification bodies, inspection bodies, and laboratories, make a decision on whether to grant accreditation, and make complete records of the accreditation process and keep them on file. 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 the list 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 certification and accreditation supervision and administration department of the State Council, assess personnel engaged in certification activities such as review and audit, and register those who pass the assessment.
Article 46An accreditation certificate shall include the accreditation scope, 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 certification and accreditation supervision and administration department of the State Council.
Article 47Institutions that have obtained accreditation shall use accreditation certificates and accreditation marks within the scope of accreditation obtained. If 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 the accreditation requirements. If institutions or personnel that have obtained accreditation no longer meet the accreditation requirements, the accreditation body shall revoke the accreditation certificate and make this public.
If there are changes in circumstances related to accreditation requirements, such as employees and principal persons in charge of an institution that has obtained accreditation, facilities, or certification rules formulated by the institution itself, 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 50If domestic certification bodies, inspection bodies, or laboratories obtain accreditation from overseas accreditation bodies, they shall file a record with the certification and accreditation supervision and administration department of the State Council.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11198/
Chapter V Supervision and AdministrationArtikel berasal dariFOFCC-http://fofcc.org.cn/ms/11198/
Article 51The certification and accreditation supervision and administration department of the State Council may supervise compliance with these Regulations by organizing peer reviews, soliciting opinions from certified enterprises, conducting spot checks on certification activities and certification results, and requiring certification bodies and inspection bodies and laboratories related to certification to report on their business activities. If violations of these Regulations are discovered, they shall be investigated and dealt with promptly, and where the duties of relevant departments of the State Council are involved, the relevant departments shall be notified promptly.
Article 52The certification and accreditation supervision and administration department of the State Council shall focus on supervising 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 certification and accreditation supervision and administration department of the State Council and shall be responsible for the authenticity of the reports; the reports shall explain the circumstances of engaging in certification, inspection, and testing activities for products listed in the catalog.
Article 53The accreditation body shall regularly submit reports to the certification and accreditation supervision and administration department under the State Council, and shall be responsible for the authenticity of the reports; the reports shall explain the accreditation body's implementation of the accreditation system, its engagement in accreditation activities, and the work performance of its practitioners.
The certification and accreditation supervision and administration department under the State Council shall evaluate the reports of the accreditation body, and shall supervise the accreditation body by such means as reviewing accreditation activity archives and records and inquiring of relevant personnel about relevant circumstances.
Article 54The certification and accreditation supervision and administration department under the State Council may, according to the needs of certification and accreditation supervision and administration, inquire of the principal persons in charge of accreditation bodies, certification bodies, inspection bodies, and laboratories on relevant matters, investigate and ascertain relevant 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 certification and accreditation supervision and administration department under the State Council, supervise and administer certification activities in accordance with the provisions of these Regulations.
The quality and technical supervision departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government authorized by the certification and accreditation supervision and administration department 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 certification and accreditation supervision and administration department under the State Council and local certification supervision and administration departments. The certification and accreditation supervision and administration department under the State Council and local certification supervision and administration departments shall promptly investigate and handle such reports and shall keep the reporters confidential.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11198/
Chapter VI Legal LiabilityArtikel berasal dariFOFCC-http://fofcc.org.cn/ms/11198/
Article 57Anyone who engages in certification activities without approval shall be banned, fined not less than 100,000 yuan but not more than 500,000 yuan, and if there is illegal income, the illegal income shall be confiscated.
Article 58Where an overseas certification body establishes a representative office within the territory of the People's Republic of China without approval, it shall be banned and fined not less than 50,000 yuan but not more than 200,000 yuan.
Where a representative office of an overseas certification body established upon 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 impartiality of certification activities, or engages in product development, marketing, or other activities that may affect the objective impartiality of certification activities, or has asset or management interest relationships with the certification client, it shall be ordered to suspend business for rectification; if the circumstances are serious, the approval document shall be revoked and announced to the public; if there is illegal income, the illegal income shall be confiscated; if a crime is constituted, criminal liability shall be pursued 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 basic certification norms or certification rules;
(3) failing to conduct effective follow-up investigations of the products, services, or management systems it has certified, or failing to promptly suspend the use of certification certificates or revoke and announce them to the public upon discovering that the certified products, services, or management systems cannot continuously meet certification requirements;
(4) employing persons who have not been registered by an accreditation body to engage in certification activities.
Where inspection bodies or laboratories related to certification add, reduce, or omit procedures prescribed by basic certification norms or certification rules, they shall be punished in accordance with the provisions of the preceding paragraph.
Article 61Where a certification body falls under any of the following circumstances, it shall be ordered to make corrections within a specified time limit; if it fails to make corrections upon expiration of the time limit, it shall be fined not less than 20,000 yuan but not more than 100,000 yuan:
(1) refusing to provide certification services within the business scope of the certification body on the grounds that the client has not participated in certification consultation or certification training, or imposing requirements or restrictive conditions unrelated to certification activities on the client;
(2) 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 obstruct social management, or harm social morality and customs;
(3) failing to disclose information such as basic certification norms, certification rules, and charging standards;
(4) failing to make complete records of the certification process and keep them on file;
(5) failing to promptly issue a certification certificate to the client it has certified.
Where inspection bodies or laboratories related to certification fail to make complete records of 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 principal persons in charge and 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 without practicing at a certification body or simultaneously practicing at two or more certification bodies, they shall be ordered to make corrections and be punished by suspension of 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, without designation, engages in certification of products listed in the catalog and inspection or testing activities related to certification, it shall be ordered to make corrections and fined not less than 100,000 yuan but not more than 500,000 yuan; if there is illegal income, the illegal income shall be confiscated.
Where a certification body, without designation, engages in certification activities for products listed in the catalog, the approval document shall be revoked and announced to the public.
Article 65Where a designated certification body, inspection body, or laboratory engages in certification of products listed in the catalog and inspection or 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 certification and accreditation supervision and administration department 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 responsible personnel shall be removed from office or dismissed:
(1) granting accreditation to institutions and personnel that do not meet accreditation conditions;
(2) Where it is discovered that a recognized body or personnel no longer meets the accreditation conditions, and the accreditation certificate is not revoked promptly and publicly announced;
(3) Accepting funding that may affect the objectivity and impartiality of accreditation activities.
The principal persons in charge of a accreditation body and the persons responsible who are removed from office or dismissed shall not engage in accreditation activities within 5 years from the date of removal 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) Discovering that a recognized body improperly uses an accreditation certificate or accreditation mark, and failing to promptly suspend its use or revoke the accreditation certificate and publicly announce it;
(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) Discovering that a certification body no longer meets the approval or designation conditions prescribed in these Regulations, and failing to revoke the approval document or designation;
(3) Discovering that a designated inspection body or laboratory no longer meets the designation conditions prescribed in these Regulations, and failing to revoke the designation;
(4) Discovering that a certification body, or an inspection body or laboratory related to certification, issues false certification conclusions or inspection and testing conclusions related to certification, or issues certification conclusions or inspection and testing conclusions related to certification that are seriously inconsistent with the facts, and failing to investigate and handle the matter;
(5) Discovering other illegal certification and accreditation acts prescribed in these Regulations, and 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 investigation of the products it certifies, or discovers that the products it certifies cannot continuously meet the certification requirements, and 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.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11198/
Chapter VII Supplementary ProvisionsArtikel berasal dariFOFCC-http://fofcc.org.cn/ms/11198/
Article 75These Regulations do not apply to quality management system certification for pharmaceutical manufacturing and trading enterprises, quality qualification certification for laboratory animals, certification of military products, and accreditation of laboratories and their personnel engaged in calibration and testing of military products.
Where a certification body approved in accordance with these Regulations engages in management system certification for production and business units of mines, hazardous chemicals, and fireworks and firecrackers, 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 production and business units of mines, hazardous chemicals, and fireworks and firecrackers 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.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11198/