(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)บทความมาจากFOFCC-http://fofcc.org.cn/th/11212/
Chapter I General ProvisionsบทความมาจากFOFCC-http://fofcc.org.cn/th/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.บทความมาจากFOFCC-http://fofcc.org.cn/th/11212/
Article 2 Standards shall be formulated for the following technical requirements that need to be unified:บทความมาจากFOFCC-http://fofcc.org.cn/th/11212/
(1) Variety, specifications, quality, grades, or safety and health requirements of industrial products;บทความมาจากFOFCC-http://fofcc.org.cn/th/11212/
(2) Methods for design, production, testing, inspection, packaging, storage, transportation, and use of industrial products, or safety and health requirements in the processes of production, storage, and transportation;บทความมาจากFOFCC-http://fofcc.org.cn/th/11212/
(3) Various technical requirements and inspection methods relating to environmental protection;บทความมาจากFOFCC-http://fofcc.org.cn/th/11212/
(4) Design, construction methods and safety requirements for construction projects.บทความมาจากFOFCC-http://fofcc.org.cn/th/11212/
(5) Technical terms, symbols, codes and drawing methods relating to industrial production, engineering construction and environmental protection.บทความมาจากFOFCC-http://fofcc.org.cn/th/11212/
Important agricultural products and other items for which standards need to be formulated shall be prescribed by the State Council.บทความมาจากFOFCC-http://fofcc.org.cn/th/11212/
Article 5 The tasks of standardization work are to formulate standards, organize the implementation of standards, and supervise the implementation of standards.บทความมาจากFOFCC-http://fofcc.org.cn/th/11212/
Standardization work shall be incorporated into the plans for national economic and social development.บทความมาจากFOFCC-http://fofcc.org.cn/th/11212/
Article 4 The State encourages the active adoption of international standards.บทความมาจากFOFCC-http://fofcc.org.cn/th/11212/
Article 5 The administrative department for standardization under the State Council shall exercise unified management of standardization work throughout the country. The relevant administrative departments under the State Council shall, according to the division of their functions, manage standardization work within their respective departments and trades.บทความมาจากFOFCC-http://fofcc.org.cn/th/11212/
The administrative departments for standardization of provinces, autonomous regions and municipalities directly under the Central Government shall exercise unified management of standardization work within their respective administrative regions. The relevant administrative departments of provinces, autonomous regions and municipalities directly under the Central Government shall, according to the division of their functions, manage standardization work within their respective departments and trades in their respective administrative regions.บทความมาจากFOFCC-http://fofcc.org.cn/th/11212/
The administrative departments for standardization and the relevant administrative departments of cities and counties shall, in accordance with their respective functions and responsibilities prescribed by the governments of provinces, autonomous regions and municipalities directly under the Central Government, manage standardization work within their respective administrative regions.บทความมาจากFOFCC-http://fofcc.org.cn/th/11212/
Chapter II Formulation of StandardsบทความมาจากFOFCC-http://fofcc.org.cn/th/11212/
Article 6 National standards shall be formulated for technical requirements that need to be unified throughout the country. National standards shall be formulated by the administrative department for standardization under the State Council. For technical requirements for which no national standards exist but which need to be unified within a certain trade throughout the country, trade standards may be formulated. Trade standards shall be formulated by the relevant administrative departments under the State Council and filed with the administrative department for standardization under the State Council; after the national standards are promulgated, such trade standards shall be abolished. For safety and sanitary requirements for industrial products for which no national standards or trade standards exist 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 for standardization of provinces, autonomous regions and municipalities directly under the Central Government and filed with the administrative department for standardization under the State Council and the relevant administrative departments under the State Council; after the national standards or trade standards are promulgated, such local standards shall be abolished.บทความมาจากFOFCC-http://fofcc.org.cn/th/11212/
Where there are no national standards or trade 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 shall be filed with the local government administrative department for standardization and the relevant administrative departments. Where national standards or trade standards already exist, the State encourages enterprises to formulate enterprise standards that are stricter than national standards or trade standards, for application within the enterprise.บทความมาจากFOFCC-http://fofcc.org.cn/th/11212/
Where the law provides otherwise for the formulation of national standards, the provisions of the law shall prevail.บทความมาจากFOFCC-http://fofcc.org.cn/th/11212/
Article 7 National standards and trade standards shall be classified as compulsory standards and recommendatory standards. Standards that safeguard human health and the safety of persons and property, and standards whose enforcement is required by laws and administrative regulations, shall be compulsory standards; other standards shall be recommendatory standards.บทความมาจากFOFCC-http://fofcc.org.cn/th/11212/
Local standards for the safety and hygiene requirements of industrial products formulated by the administrative department for standardization of the people's government of a province, autonomous region, or municipality directly under the Central Government shall be mandatory standards within their respective administrative regions.บทความมาจากFOFCC-http://fofcc.org.cn/th/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.บทความมาจากFOFCC-http://fofcc.org.cn/th/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 shall meet the requirements of use, facilitate the general interchangeability of products, and be technologically advanced and economically reasonable.บทความมาจากFOFCC-http://fofcc.org.cn/th/11212/
Article 10 The formulation of standards shall ensure the coordination and matching of the relevant standards.บทความมาจากFOFCC-http://fofcc.org.cn/th/11212/
Article 11 The formulation of standards shall be conducive to promoting foreign economic and technological cooperation and foreign trade.บทความมาจากFOFCC-http://fofcc.org.cn/th/11212/
Article 12 In formulating standards, the role of trade associations, scientific research institutions and academic bodies shall be brought into play.บทความมาจากFOFCC-http://fofcc.org.cn/th/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.บทความมาจากFOFCC-http://fofcc.org.cn/th/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, review them in a timely manner to confirm that the current standards remain valid or to revise or repeal them.บทความมาจากFOFCC-http://fofcc.org.cn/th/11212/
Chapter III Implementation of StandardsบทความมาจากFOFCC-http://fofcc.org.cn/th/11212/
Article 14 Compulsory standards must be enforced. The production, sale and importation of products that do not conform to compulsory standards shall be prohibited. With respect to recommendatory standards, the State encourages enterprises to adopt them voluntarily.บทความมาจากFOFCC-http://fofcc.org.cn/th/11212/
Article 15 An enterprise may, for products for which national standards or trade standards exist, apply to the administrative department for standardization under the State Council or a department authorized by the administrative department for standardization under the State Council for product quality certification. Where the certification is satisfactory, the certification department shall grant a certification certificate and permit the use of the prescribed certification mark on the product or its packaging.บทความมาจากFOFCC-http://fofcc.org.cn/th/11212/
Where products that have obtained certification certificates do not conform to national standards or trade standards, and where products have not been certified or have failed certification, the certification mark shall not be used for factory sale.บทความมาจากFOFCC-http://fofcc.org.cn/th/11212/
Article 16 The technical requirements for export products shall be implemented in accordance with the provisions of the contract.บทความมาจากFOFCC-http://fofcc.org.cn/th/11212/
Article 17 Enterprises that develop new products, improve products or carry out technological transformation shall comply with standardization requirements.บทความมาจากFOFCC-http://fofcc.org.cn/th/11212/
Article 18 The administrative departments for standardization of governments at or above the county level shall be responsible for supervision and inspection of the implementation of standards.บทความมาจากFOFCC-http://fofcc.org.cn/th/11212/
Article 19 The administrative departments for 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.บทความมาจากFOFCC-http://fofcc.org.cn/th/11212/
In handling disputes concerning whether products conform to standards, the inspection data of the inspection institutions prescribed in the preceding paragraph shall prevail.บทความมาจากFOFCC-http://fofcc.org.cn/th/11212/
Chapter IV Legal LiabilityบทความมาจากFOFCC-http://fofcc.org.cn/th/11212/
Article 20 Where products that do not conform to compulsory standards are produced, sold or imported, the administrative department prescribed by laws and administrative regulations shall handle the matter according to law; where laws and administrative regulations have no provisions, 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.บทความมาจากFOFCC-http://fofcc.org.cn/th/11212/
Article 21 Where products that have been granted certification certificates do not conform to national standards or trade standards but use the certification mark for factory sale, the administrative department for standardization shall order the cessation of sale and impose a fine; where the circumstances are serious, the certification department shall revoke the certification certificate.บทความมาจากFOFCC-http://fofcc.org.cn/th/11212/
Article 22 Where products that have not been certified or have failed certification use the certification mark without authorization for factory sale, the administrative department for standardization shall order the cessation of sale and impose a fine.บทความมาจากFOFCC-http://fofcc.org.cn/th/11212/
Article 37 If 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 receipt of the penalty notice, apply to the authority at the next higher level of the authority that made the penalty decision for reconsideration; if it is dissatisfied with the reconsideration decision, it may, within 15 days from the date of receipt of the reconsideration decision, bring a suit before a people's court. The party may also, within 15 days from the date of receipt of the penalty notice, directly bring a suit before a people's court. If the party neither applies for reconsideration nor brings a suit before 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.บทความมาจากFOFCC-http://fofcc.org.cn/th/11212/
Article 24 Where persons engaged in the supervision, inspection and management of standardization work violate the law, derelict their duties or engage in malpractices for selfish ends, administrative sanctions shall be imposed; where a crime is constituted, criminal liability shall be investigated according to law.บทความมาจากFOFCC-http://fofcc.org.cn/th/11212/
Chapter V Supplementary ProvisionsบทความมาจากFOFCC-http://fofcc.org.cn/th/11212/
Article 25 The implementing regulations of this Law shall be formulated by the State Council.บทความมาจากFOFCC-http://fofcc.org.cn/th/11212/
Article 26 This Law shall come into force on April 1, 1989.บทความมาจากFOFCC-http://fofcc.org.cn/th/11212/