Decree of the State Council of the People's Republic of ChinaบทความมาจากFOFCC-http://fofcc.org.cn/th/11198/
(No. 390)บทความมาจากFOFCC-http://fofcc.org.cn/th/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, are hereby promulgated, and shall come into force as of November 1, 2003.
Premier Wen Jiabao
September 3, 2003บทความมาจากFOFCC-http://fofcc.org.cn/th/11198/
Regulations of the People's Republic of China on Certification and AccreditationบทความมาจากFOFCC-http://fofcc.org.cn/th/11198/
Chapter I General provisionsบทความมาจากFOFCC-http://fofcc.org.cn/th/11198/
Article 1These Regulations are formulated for the purpose of regulating certification and accreditation activities, improving the quality of products and services and the level of management, and promoting economic and social development.
Article 2For the purposes of these Regulations, "certification" means conformity assessment activities in which a certification body verifies that products, services, or management systems conform to relevant technical specifications, mandatory requirements of relevant technical specifications, or standards.
For the purposes of these Regulations, "accreditation" means conformity assessment activities in which an accreditation body recognizes the competence and practice qualifications of certification bodies, inspection bodies, laboratories, and personnel engaged in certification activities such as 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 supervision and administration system for certification and accreditation.
The State implements 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 their personnel engaged in certification and accreditation activities shall be obligated to keep confidential the state secrets and commercial secrets of which they become aware.บทความมาจากFOFCC-http://fofcc.org.cn/th/11198/
Chapter II Certification BodiesบทความมาจากFOFCC-http://fofcc.org.cn/th/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.บทความมาจากFOFCC-http://fofcc.org.cn/th/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 commensurate with 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 the accreditation body of the country or region in which it is located;
(2) The foreign investor has more than 3 years of business experience in certification activities.
The application, approval, and registration for the establishment of a foreign-invested certification body shall be handled in accordance with relevant laws and administrative regulations on foreign investment and relevant provisions of the State.
Article 12Procedures for the application for and approval of 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 the duties of relevant departments of the State Council are involved, the opinions of the relevant departments of the State Council shall be solicited. If the decision is to approve, an approval document shall be issued to the applicant; if the decision is not to approve, the applicant shall be notified in writing, and the reasons shall be 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 13Where an overseas certification body establishes a representative office within the territory of the People's Republic of China, it shall obtain approval and undergo registration procedures with the administrative department for industry and commerce in accordance with the law before it may engage in promotional activities related to the business scope of the institution to which it belongs, but it shall not engage in certification activities.
The application, approval, and registration for the establishment of a representative office within the territory of the People's Republic of China by an overseas certification body 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, and 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 15Certification 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 competence prescribed by relevant laws and administrative regulations, and may engage in corresponding activities only after being recognized in accordance with the law. The recognition results shall be published by the certification and accreditation supervision and administration department of the State Council.บทความมาจากFOFCC-http://fofcc.org.cn/th/11198/
Chapter III CertificationบทความมาจากFOFCC-http://fofcc.org.cn/th/11198/
Article 17The State promotes certification of products, services, and management systems according to the needs of economic and social development.
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 the duties of relevant departments of the State Council are involved, 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 new field of certification is involved and the departments prescribed 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, or 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 requirements or restrictive conditions unrelated to certification activities on the client.
Article 21A certification body shall disclose information such as basic certification specifications, certification rules, and fee standards.
Article 22Certification bodies and inspection bodies and laboratories related to certification engaged in certification and certification-related inspection and testing activities shall complete the procedures prescribed by basic certification specifications and certification rules, ensure the completeness, objectivity, and authenticity of certification, inspection, and testing, and shall not add, reduce, or omit procedures.
Certification bodies and inspection bodies and laboratories related to certification shall make complete records of the certification, inspection, and testing process and keep them on file.
Article 23A certification body and its certification personnel shall promptly make a certification conclusion and ensure that the certification conclusion is objective and authentic. After the certification conclusion is signed by the certification personnel, it shall be signed by the person in charge of the certification body.
Certification bodies and their certification personnel are responsible for certification results.
Article 24Where the certification conclusion is that products, services, or management systems conform to certification requirements, the certification body shall promptly issue a certification certificate to the client.
Article 25Those who have obtained a certification certificate shall use the certification certificate and certification mark within the scope of certification, and shall not use product or service certification certificates, certification marks, or related text or symbols to mislead the public into believing that their management system has been certified, nor shall they use management system certification certificates, certification marks, or related text or symbols to mislead the public into believing that their products or services have been certified.
Article 26Certification bodies may formulate certification marks on their own and file them with the certification and accreditation supervision and administration department of the State Council for the record.
The design, text, and name of certification marks formulated by certification bodies on their own shall not violate the provisions of laws and administrative regulations, shall not be identical or similar to certification marks promoted by the State, shall not impede social management, and shall not harm social morality and customs.
Article 27Certification bodies shall conduct effective follow-up investigations of the products, services, and management systems they certify. Where certified products, services, or management systems cannot continuously meet certification requirements, the certification body shall suspend their use until the certification certificate is revoked, and shall make this public.
Article 28In order to protect national security, prevent fraudulent acts, 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 be ex-factory, sold, imported, or used in other business activities only after certification and labeling with the certification mark.
Article 29For products that must undergo certification, the State shall unify the product catalog, unify the mandatory requirements of technical specifications, standards, and conformity assessment procedures, unify marks, and unify charging standards.
The unified product catalog (hereinafter referred to as the catalog) 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, promulgated by the certification and accreditation supervision and administration department of the State Council, and implemented jointly with relevant parties.
Article 30Products listed in the catalog must be certified by certification bodies designated by the certification and accreditation supervision and administration department of the State Council.
The certification marks for products listed in the catalog shall be uniformly prescribed by the certification and accreditation supervision and administration department of the State Council.
Article 31Where products listed in the catalog involve the catalog of import and export commodity inspection, inspection procedures shall be simplified during import and export commodity inspection.
Article 32The certification bodies designated by the certification and accreditation supervision and administration department of the State Council to engage in certification activities for products listed in the catalog, as well as inspection bodies and laboratories related to certification (hereinafter referred to as designated certification bodies, inspection bodies, and laboratories), shall be institutions that have long been engaged in relevant business, have no adverse records, and have obtained accreditation in accordance with the provisions of these Regulations and possess the capacity to engage in relevant certification activities. When designating certification bodies to engage in certification activities for products listed in the catalog, 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 product field listed in the catalog.
When designating the certification bodies, inspection bodies, and laboratories prescribed in the preceding paragraph, the certification and accreditation supervision and administration department of the State Council shall publish relevant information in advance and organize an expert review committee composed of experts recognized in the relevant fields 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, a decision shall be made within the published time 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 of 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 entrust designated certification bodies on their own to conduct certification.
Article 35Designated certification bodies, inspection bodies, and laboratories shall, within the designated scope of business, provide clients with convenient and timely certification, inspection, and testing services, shall not delay, shall not discriminate against or make things difficult for clients, and shall not seek improper benefits.
Designated certification bodies shall not transfer designated certification business to other institutions.
Article 36When designated certification bodies, inspection bodies, and laboratories carry out international mutual recognition activities, they shall do so within the framework of international mutual recognition agreements signed externally by the certification and accreditation supervision and administration department of the State Council or by authorized relevant departments of the State Council.บทความมาจากFOFCC-http://fofcc.org.cn/th/11198/
Chapter IV AccreditationบทความมาจากFOFCC-http://fofcc.org.cn/th/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 carry out accreditation activities.
Except for the accreditation body determined by the certification and accreditation supervision and administration department of the State Council, no other unit may directly or disguisedly engage in accreditation activities. Where other units directly or disguisedly 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 accreditation conditions.
Article 39Personnel engaged in certification activities such as review and audit shall, after being registered by the accreditation body, be permitted to engage in corresponding certification activities.
Article 40The accreditation body shall have a quality system compatible with 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 the needs of accreditation, select and appoint personnel to engage in accreditation review activities. Personnel engaged in accreditation review activities shall be experts recognized in the relevant fields, be familiar with relevant laws, administrative regulations, and accreditation rules and procedures, and possess the good moral character, professional knowledge, and business ability required for review.
Article 42Where the accreditation body entrusts others to complete specific review business related to accreditation, the accreditation body shall be responsible for the review conclusions.
Article 43The accreditation body shall publicly disclose information such as accreditation conditions, accreditation procedures, and charging standards.
When accepting an accreditation application, the accreditation body shall not impose requirements or restrictive conditions unrelated to accreditation activities on the applicant.
Article 44The accreditation body shall, within the published time 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 keep complete records of the accreditation process and retain 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. Where institutions that have obtained accreditation improperly use accreditation certificates and accreditation marks, the accreditation body shall suspend their use until the accreditation certificate is revoked, and shall make this public.
Article 48The accreditation body shall implement 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 continuously meet accreditation conditions. Where institutions and personnel that have obtained accreditation no longer meet accreditation conditions, the accreditation body shall revoke the accreditation certificate and make this public.
Where there are changes in circumstances related to accreditation conditions, such as employees and principal persons in charge of an institution that has obtained accreditation, facilities, and 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 50Where domestic certification bodies, inspection bodies, and laboratories obtain accreditation from overseas accreditation bodies, they shall file with the certification and accreditation supervision and administration department of the State Council for the record.บทความมาจากFOFCC-http://fofcc.org.cn/th/11198/
Chapter V Supervision and AdministrationบทความมาจากFOFCC-http://fofcc.org.cn/th/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 certification-related inspection bodies and laboratories to report on their business activities. Where violations of these Regulations are discovered, they shall be investigated and handled promptly, and where matters involve the duties of relevant departments of the State Council, 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 regularly 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 of the State Council and shall be responsible for the authenticity of the reports; the reports shall explain the circumstances of the accreditation body's implementation of the accreditation system, its engagement in accreditation activities, and the work of its employees.
The certification and accreditation supervision and administration department of the State Council shall evaluate the reports of the accreditation body and supervise the accreditation body by means such as reviewing accreditation activity archives and materials and obtaining information from relevant personnel.
Article 54The certification and accreditation supervision and administration department of 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 understand the circumstances, and give admonitions, and 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 of the State Council shall, within the scope authorized by the certification and accreditation supervision and administration department of 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 of the State Council and the entry-exit inspection and quarantine institutions established locally by the quality supervision, inspection and quarantine department of the State Council are collectively referred to as local certification supervision and administration departments.
Article 56Any unit or individual has the right to report illegal acts in certification and accreditation to the certification and accreditation supervision and administration department of the State Council and local certification supervision and administration departments. The certification and accreditation supervision and administration department of the State Council and local certification supervision and administration departments shall promptly investigate and handle the matter and shall keep the reporter confidential.บทความมาจากFOFCC-http://fofcc.org.cn/th/11198/
Chapter VI Legal LiabilityบทความมาจากFOFCC-http://fofcc.org.cn/th/11198/
Article 57Those who engage in certification activities without approval shall be banned, fined not less than 100,000 yuan but not more than 500,000 yuan, and if there are illegal gains, the illegal gains 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 are illegal gains, the illegal gains 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 objectivity and impartiality of certification activities, or engages in product development, marketing, or other activities that may affect the objectivity and impartiality of certification activities, or has an interest relationship with the certification client in terms of assets or management, it shall be ordered to suspend business for rectification; if the circumstances are serious, the approval document shall be revoked and announced to the public; if there are illegal gains, the illegal gains 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 are illegal gains, the illegal gains 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 stipulated in the basic certification norms and certification rules;
(3) Failing to conduct effective follow-up investigations of the products, services, or management systems it has certified, or, upon discovering that the certified products, services, or management systems cannot continuously meet the certification requirements, failing to promptly suspend their use or revoke the certification certificates and announce the same to the public;
(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 stipulated in the basic certification norms and certification rules, they shall be punished in accordance with the provisions of the preceding paragraph.
Article 61Where a certification body falls under any of the following circumstances, it shall be ordered to make corrections within a specified time limit; if it fails to make corrections 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 impede social management, or harm social morality and customs;
(3) Failing to disclose information such as the basic certification norms, certification rules, and fee standards;
(4) Failing to make complete records of the certification process and keep them on file;
(5) Failing to promptly issue certification certificates to the clients it has certified.
Where inspection bodies or laboratories related to certification fail to make complete records of the inspection and testing processes related to certification and keep them on file, they shall be punished in accordance with the provisions of the preceding paragraph.
Article 62Where a certification body issues false certification conclusions, or the certification conclusions issued are seriously inconsistent with the facts, the approval document shall be revoked and announced to the public; the directly responsible persons in charge and the certification personnel with direct responsibility shall have their practice qualifications revoked; if a crime is constituted, criminal liability shall be pursued in accordance with the law; if damage is caused, the certification body shall bear corresponding compensation liability.
Where a designated certification body commits the illegal acts specified in the preceding paragraph, its designation shall also be revoked.
Article 63Where certification personnel engage in certification activities but do not practice at a certification body or simultaneously practice at two or more certification bodies, they shall be ordered to make corrections and be punished by suspension from practice for not less than 6 months but not more than 2 years; if they still fail to make corrections, their practice qualifications shall be revoked.
Article 64Where a certification body, or an inspection body or laboratory related to certification, without designation, engages in certification activities for products listed in the catalog, or inspection and 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 are illegal gains, the illegal gains 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 activities for products listed in the catalog, or inspection and testing activities related to certification, beyond the designated business scope, it shall be ordered to make corrections and fined not less than 100,000 yuan but not more than 500,000 yuan; if there are illegal gains, the illegal gains 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 of 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 are illegal gains, the illegal gains shall be confiscated.
Article 68Where an accreditation body falls under any of the following circumstances, it shall be ordered to make corrections; if the circumstances are serious, the principal persons in charge and the responsible persons shall be removed from office or dismissed:
(1) Granting accreditation to institutions and personnel that do not meet the accreditation conditions;
(2) Upon discovering that accredited institutions and personnel no longer meet the accreditation conditions, failing to promptly revoke the accreditation certificates and announce the same to the public;
(3) Accepting funding that may affect the objectivity and impartiality of accreditation activities.
The principal persons in charge and responsible persons of an accreditation body who have been removed from office or dismissed shall not engage in accreditation activities within 5 years from the date of removal from office or dismissal.
Article 69Where an accreditation body falls under any of the following circumstances, it shall be ordered to make corrections; the principal persons in charge and the responsible persons 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, or failing to disclose information such as accreditation conditions, accreditation procedures, and fee standards;
(3) Upon discovering that an accredited institution improperly uses accreditation certificates and accreditation marks, failing to promptly suspend their use or revoke the accreditation certificates and announce the same to the public;
(4) Failing to make complete records of the accreditation process and keep them on file.
Article 70Where the certification and accreditation supervision and administration department of the State Council, local certification supervision and administration departments, and their staff abuse their powers, engage in favoritism and irregularities, or neglect their duties, and fall under 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 the law; if a crime is constituted, criminal liability shall be pursued in accordance with the law:
(1) Failing to implement approval and designation in accordance with the conditions and procedures stipulated in these Regulations;
(2) Upon discovering that a certification body no longer meets the approval or designation conditions stipulated in these Regulations, failing to revoke the approval document or designation;
(3) Upon discovering that a designated inspection body or laboratory no longer meets the designation conditions stipulated in these Regulations, failing to revoke the designation;
(4) Upon discovering that a certification body, or an inspection body or laboratory related to certification, issues false certification or inspection and testing conclusions related to certification, or that the certification or inspection and testing conclusions related to certification issued are seriously inconsistent with the facts, failing to investigate and handle the matter;
(5) Upon discovering other illegal certification and accreditation acts stipulated in these Regulations, failing to investigate and handle them.
Article 71 伪造、冒用、买卖认证标志或者认证证书的，依照《中华人民共和国产品质量法》等法律的规定查处。
第七十二条 本条例规定的行政处罚，由国务院认证认可监督管理部门或者其授权的地方认证监督管理部门按照各自职责实施。法律、其他行政法规另有规定的，依照法律、其他行政法规的规定执行。
第七十三条 认证人员自被撤销执业资格之日起5年内，认可机构不再受理其注册申请。
第七十四条 认证机构未对其认证的产品实施有效的跟踪调查，或者发现其认证的产品不能持续符合认证要求，不及时暂停或者撤销认证证书和要求其停止使用认证标志给消费者造成损失的，与生产者、销售者承担连带责任。บทความมาจากFOFCC-http://fofcc.org.cn/th/11198/
Chapter VII Supplementary ProvisionsบทความมาจากFOFCC-http://fofcc.org.cn/th/11198/
第七十五条 药品生产、经营企业质量管理规范认证，实验动物质量合格认证，军工产品的认证，以及从事军工产品校准、检测的实验室及其人员的认可，不适用本条例。
依照本条例经批准的认证机构从事矿山、危险化学品、烟花爆竹生产经营单位管理体系认证，由国务院安全生产监督管理部门结合安全生产的特殊要求组织；从事矿山、危险化学品、烟花爆竹生产经营单位安全生产综合评价的认证机构，经国务院安全生产监督管理部门推荐，方可取得认可机构的认可。
第七十六条 认证认可收费，应当符合国家有关价格法律、行政法规的规定。
第七十七条 认证培训机构、认证咨询机构的管理办法由国务院认证认可监督管理部门制定。
第七十八条 本条例自2003年11月1日起施行。1991年5月7日国务院发布的《中华人民共和国产品质量认证管理条例》同时废止。บทความมาจากFOFCC-http://fofcc.org.cn/th/11198/