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