General Administration of Quality Supervision, Inspection and Quarantine of the People's Republic of China, Measures for the Administration of Certification Bodies (Order No. 141 of the General Administration)บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
Order No. 141บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
The Measures for the Administration of Certification Bodies were deliberated and adopted at the executive meeting of the General Administration of Quality Supervision, Inspection and Quarantine on January 13, 2011, and are hereby promulgated, effective as of September 1, 2011.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
Director GeneralJuly 20, 2011บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
Measures for the Administration of Certification BodiesบทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
Chapter I General ProvisionsบทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
Article 1 These Measures are formulated in accordance with the provisions of the Regulations of the People's Republic of China on Certification and Accreditation (hereinafter referred to as the Certification and Accreditation Regulations) and other relevant laws and administrative regulations, for the purposes of strengthening the supervision and administration of certification bodies, regulating certification activities, and improving the effectiveness of certification.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
Article 2 For the purposes of these Measures, "certification body" means a certification institution with legal person status that is established upon approval in accordance with the law, independently engages in conformity assessment activities concerning products, services and management systems meeting the requirements of standards and relevant technical specifications.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
Article 3 These Measures apply to certification activities conducted within the territory of the People's Republic of China and to the supervision and administration of certification bodies.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
Article 4 The General Administration of Quality Supervision, Inspection and Quarantine of the People's Republic of China (hereinafter referred to as the AQSIQ) shall be uniformly responsible for the supervision and administration of certification bodies.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
The Certification and Accreditation Administration of the People's Republic of China (hereinafter referred to as the CNCA) shall be responsible for the establishment of certification bodies, the relevant approvals, and the supervision and administration of their practice activities.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
The quality and technical supervision departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government (hereinafter referred to as provincial quality and technical supervision departments) and the directly affiliated entry-exit inspection and quarantine institutions (hereinafter referred to as directly affiliated inspection and quarantine institutions) shall, in accordance with the provisions of these Measures and the division of duties, be responsible for the supervision and administration of certification activities within their respective jurisdictions.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
Article 5 Certification bodies engaged in certification activities shall follow the principles of fairness and openness, objectivity and independence, and honesty and credibility, and shall safeguard the social credit system.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
Article 6 Certification bodies and their personnel shall be obligated to keep confidential the state secrets, commercial secrets and technical secrets learned in the course of their practice activities.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
Chapter II Establishment and ApprovalบทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
Article 7 To establish a certification body, it shall be approved by the CNCA and shall obtain legal person status in accordance with the law before it may engage in certification activities within the approved scope.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
Without approval, no entity or individual may engage in certification activities.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
Article 8 To establish a certification body, the following conditions shall be met:บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
(1) Having a fixed office premises and necessary facilities;บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
(2) Having articles of association and management systems that meet the requirements of certification and accreditation; if it is in a new certification field, a feasibility study report shall also be provided;บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
(3) The registered capital shall not be less than RMB 3 million; the investors shall meet the requirements of relevant national laws, regulations and relevant provisions, and shall provide relevant credit standing certificates;บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
(4) Having more than 10 full-time certification personnel with practice qualifications and capabilities in the corresponding field;บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
(5) The chairman, general manager (director) and management representative of the certification body (hereinafter collectively referred to as senior management personnel) shall meet the requirements of relevant national laws, regulations and relevant provisions of the AQSIQ and the CNCA, and shall possess the management capabilities necessary to perform their duties;บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
(6) Other conditions prescribed by laws and regulations.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
A certification body engaged in product certification activities shall also possess testing, inspection and other technical capabilities commensurate with the relevant product certification activities.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
Article 9 In addition to meeting the conditions prescribed in Article 8 of these Measures, a foreign investor establishing a certification body within the territory of China shall also meet the following requirements:บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
(1) The foreign investor is an institution with more than 3 years of certification practice experience in the corresponding field outside the territory of China, has lawful registration with the relevant authorities of the country or region where it is located, and has no adverse records;บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
(2) The foreign investor has obtained accreditation in the corresponding field from an accreditation body of the country or region where it is located or recognition from the relevant authorities;บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
(3) The Chinese party to a Sino-foreign equity joint venture or contractual joint venture certification body shall be a certification body approved by the CNCA with more than 3 years of certification practice experience or an inspection institution or laboratory that has obtained qualification accreditation in accordance with the law, and shall have no adverse practice records; the foreign investor shall meet items (1) and (2) of this Article;บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
A foreign investor establishing a certification body within the territory of China shall also comply with the provisions of relevant laws and administrative regulations on foreign investment and the relevant national policies guiding foreign investment industries.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
Article 10 The approval procedures for establishing a certification body:บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
(1) The applicant for establishing a certification body (hereinafter referred to as the applicant) shall submit an application to the CNCA and submit valid supporting documents and materials proving compliance with the conditions prescribed in Articles 8 and 9 of these Measures;บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
(2) The CNCA shall conduct a preliminary review of the application materials submitted by the applicant, and shall, within 5 days from the date of receipt of the application materials, make a written decision on whether to accept or not accept the application; if the application materials are incomplete or do not conform to the statutory form, it shall inform the applicant of all the contents to be supplemented and corrected at one time;บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
(3) The CNCA shall, within 90 days from the date of acceptance of the application for establishment of a certification body, make a decision on whether to approve. If it decides to approve, it shall issue a notice of establishment of the certification body to the applicant; if it decides not to approve, it shall notify the applicant in writing and explain the reasons;บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
(4) The CNCA shall, as needed, organize relevant experts to review the applicant's certification, testing and other technical capabilities, and shall inform the applicant in writing. The expert review period shall be 30 days and shall not be counted within the time limit for the CNCA to make an approval decision;บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
(5) The applicant shall, on the strength of the notice of establishment of the certification body issued by the CNCA, undergo the relevant registration procedures in accordance with the law, and shall, on the strength of the registration procedures completed in accordance with the law, obtain the Certification Body Approval Certificate;บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
(6) The CNCA shall announce to the public and publish on its website the directory of certification bodies established in accordance with the law.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
In implementing the approval of certification bodies, the CNCA shall follow the principles of rational resource allocation, convenience and efficiency, and openness and transparency.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
Article 11 The Certification Body Approval Certificate shall be valid for 4 years.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
If a certification body needs to extend the validity period of the Certification Body Approval Certificate, it shall submit an application to the CNCA 90 days before the expiration of the validity period of the Certification Body Approval Certificate.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
The CNCA shall, in accordance with the establishment conditions and approval procedures prescribed in these Measures, conduct a re-examination of the certification body that submits an extension application, and shall make a decision on whether to grant the extension before the expiration of the validity period of the Certification Body Approval Certificate.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
Article 12 A certification body establishing a subsidiary or branch shall follow the approval procedures for certification bodies, and may engage in certification activities within the approved scope only after approval by the CNCA and registration with the company registration authority in accordance with the law.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
Article 13 A certification body establishing a subsidiary shall meet the following conditions:บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
(1) The certification body has been in practice for more than 2 years and has no illegal or non-compliant acts within the 2 years;บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
(2) The subsidiary meets the establishment conditions prescribed in Article 8 of these Measures and also complies with the provisions of other laws and administrative regulations;บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
(3) The subsidiary is wholly owned or controlled by the certification body.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
Article 14 A certification body establishing a branch shall meet the following conditions:บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
(1) The certification body has been in practice for more than 2 years and has no illegal or non-compliant acts within the 2 years;บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
(2) The branch has a fixed office premises and necessary facilities;บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
(3) The branch has more than 5 full-time certification personnel with practice qualifications and capabilities in the corresponding field;บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
(4) The place where the branch is located has organizations that have obtained certification from the certification body.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
(5) The branch company has relevant management systems that comply with certification and accreditation requirements;บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
(6) Other conditions stipulated by laws and regulations.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
Article 15 A certification body may establish an office to engage in business publicity and promotion activities within the approved scope, and within 30 days from the date of establishment, a Chinese-funded certification body shall file a record with the provincial quality and technical supervision department at the location of the office; a foreign-invested certification body shall file a record with the directly affiliated inspection and quarantine institution at the location of the office. The record-filing contents include: name, address, person in charge, business scope, affiliated certification body, etc.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
Provincial quality and technical supervision departments and directly affiliated inspection and quarantine institutions shall publish the directory of offices filed in accordance with the law, and report to the CNCA the directory of offices affiliated with certification bodies filed within their jurisdictions.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
Article 16 An overseas certification body may establish a representative office within China to engage in publicity and promotion activities within its business scope, and shall file a record with the CNCA within 30 days from the date of establishment. The record-filing contents include: name, address, person in charge, registration certificate documents, certification documents from foreign accreditation bodies, affiliated certification body, etc.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
The CNCA shall publish the directory of representative offices filed in accordance with the law.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
Article 17 Where a certification body subcontracts certification business of an overseas certification body by contract, it shall be approved by the CNCA and shall bear the certification risks and related responsibilities caused by the subcontracting.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
A certification body applying to engage in subcontracting business shall first obtain practice approval in the corresponding certification field.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
Article 18 Under any of the following circumstances, a certification body shall apply to the CNCA in accordance with the law to undergo the relevant change procedures:บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
(1) The certification body narrows its approved business scope;บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
(2) The certification body changes its legal person nature, shareholders, or registered capital;บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
(3) The certification body merges or splits;บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
(4) The certification body changes its name, domicile, legal representative, or senior management personnel;บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
(5) Other major changes occur to the certification body.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
Where a certification body applies to expand its business scope, the certification body shall have been in practice for more than 1 year and have no illegal or non-compliant acts within 1 year.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
The application to expand the business scope shall be handled by the CNCA with reference to the provisions of Article 10 of these Measures.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
Chapter III Code of ConductบทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
Article 19 A certification body shall carry out certification activities impartially, independently, and objectively, establish a risk prevention mechanism, adopt reasonable and effective measures for the risks and responsibilities that may be caused by its certification activities, and assume corresponding social responsibilities.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
A certification body and its subsidiaries, branch companies, and offices shall not have interest relationships with certification consulting institutions and certification clients in terms of assets, management, or personnel.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
Article 20 A certification body shall establish a quality system that ensures standardized and effective certification activities, implement certification in accordance with the procedures stipulated in the basic certification norms and certification rules, and make certification conclusions.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
Where the CNCA has not yet formulated certification rules, a certification body may formulate certification rules on its own and report them to the CNCA for record-filing.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
Article 21 A certification body shall publish through its website or in other forms information such as its certification scope, certification rules, fee standards, and the names, business scopes, addresses, and other information of its established subsidiaries, branch companies, and offices, and shall ensure that the information is true and valid.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
Article 22 When a certification body and its branch companies and subsidiaries carry out activities at the same time, in addition to complying with the responsibilities and obligations stipulated by laws and regulations, they shall also comply with the following requirements:บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
(1) The address registered with the industry and commerce authority by the certification body shall be the core office location, which shall uniformly publish and submit certification information.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
(2) When a certification body carries out certification activities at multiple office locations, it shall ensure that all office locations adopt the same quality management system and procedures and control all personnel and certification processes.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
Article 23 A certification body shall establish and improve a management system for certification personnel, regularly train and evaluate the competence of certification personnel, ensure that the competence of certification personnel continuously meets requirements, and ensure that there is a reasonable number of full-time certification personnel and technical experts in the certification audit process.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
A certification body shall not employ or use personnel prohibited by national laws and regulations from engaging in certification activities.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
Article 24 A certification body shall verify whether the field, products, and content entrusted by the certification client for certification comply with relevant laws and regulations and whether its qualifications such as legal person status meet requirements, plan the entire certification process according to the scale, nature, organization of the certification client, and the complexity of the products, formulate specific implementation, testing, inspection, and supervision plans, and assign certification personnel and technical experts with corresponding competence to implement certification.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
Article 25 A certification body shall implement effective control over the entire certification process in accordance with the procedures stipulated in the basic certification norms and certification rules, ensure that the certification and product testing processes are complete, objective, true, and traceable, shall not add, reduce, or omit certification procedures and activities, and shall be equipped with certification personnel with corresponding competence and expertise to evaluate the above processes.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
A certification body shall formulate corresponding procedures to evaluate and effectively control certification results, and shall have clear provisions and evaluation requirements for the issuance, suspension, or revocation of certification certificates.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
Article 26 A certification body shall make complete records of the entire certification process and retain corresponding certification materials. The records shall be true and accurate to prove that the certification activities have been effectively implemented. The records and materials shall be in Chinese, and the archiving retention time shall be consistent with the validity period of the certification certificate.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
Article 27 A certification body and its certification personnel shall promptly make certification conclusions and ensure that the certification conclusions are objective and true. The certification conclusions shall be signed by the certification personnel and provided by the certification body to the certification client. The certification body and its certification personnel shall be responsible for the certification results and bear corresponding legal responsibilities.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
Article 28 Where the certification conclusion meets the requirements, the certification body shall promptly issue a certification certificate to the certification client and permit the use of the certification mark. The certification certificate shall be issued by personnel authorized by the certification body.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
The certification certificate shall state the name, address, coverage scope or products, standards or relevant technical specifications on which certification is based, validity period, and other contents of the certified organization, and the contents contained in the certification certificate shall conform to the actual situation of the certification implementation.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
The format of the certification certificate of a certification body shall be reported to the CNCA for record-filing within 30 days after it is determined.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
A certification body shall provide the public with a means to query the validity of the certification certificate.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
Article 29 A certification body that has merged or split shall handle the certification certificates issued before the change occurred and convert the relevant certification certificates in accordance with the prescribed procedures.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
After a certification body has its approval qualification canceled or revoked, a certified organization holding a valid certification certificate issued by that body may convert the certification certificate to a certification body approved by the CNCA; the certification body accepting the certificate conversion shall carry out the conversion in accordance with the prescribed procedures and report the conversion results to the CNCA.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
Article 30 A certification body shall require the certified organization to correctly use the certification certificate and certification mark within the certification scope, and shall take effective corrective measures for misuse and use of the certification certificate and certification mark not in accordance with regulations.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
Article 31 A certification body shall implement effective follow-up supervision over the products, services, and management systems it certifies in accordance with the requirements of the basic certification norms and certification rules, determine reasonable supervision and inspection frequencies to ensure that the certified products, services, and management systems continuously meet certification requirements; where they cannot continuously meet certification requirements, the certification body shall suspend or revoke their certification certificates, promptly announce this to the public, and take effective measures to prevent invalid certification certificates and certification marks from continuing to be used.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
Article 32 A subsidiary or branch company established by a certification body shall engage in certification activities within its approved scope in the name of the certification body and carry out work in accordance with the provisions of these Measures and the requirements of the basic certification norms and certification rules.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
A subsidiary or branch company of a certification body shall not establish institutions related to certification activities in other forms or entrust others to engage in certification activities.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
Article 33 Offices established by certification bodies and representative offices established within China by overseas certification bodies, as well as their personnel, shall not engage in activities such as signing certification contracts, organizing on-site audits (inspections), issuing audit (inspection) reports, implementing certification decisions, and collecting certification fees, and shall not directly or indirectly engage in certification training and certification consulting activities.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
Chapter IV Supervision and InspectionบทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
Article 34 The AQSIQ and the CNCA shall supervise certification bodies' compliance with the Certification and Accreditation Regulations and these Measures.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
The CNCA shall be responsible for inspecting the operation of certification bodies, conducting spot checks on certification results and certification activities, and publishing inspection and spot-check results and the list of relevant certification bodies and certified organizations.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
Article 35 The CNCA shall implement a system of certification business information submission and annual work report review for certification bodies.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
A certification body shall submit certification business information to the CNCA in accordance with relevant provisions, including: detailed information on organizations that have obtained certification, information on suspension or revocation of certification certificates, and business information related to certification results.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
The CNCA shall promptly summarize the relevant information and data submitted by certification bodies and publish them.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
A certification body shall submit the previous year's work report to the CNCA before the end of February each year. The report contents include: basic practice information, personnel, business status, quality analysis, and financial accounting audit reports issued by accounting firms that meet national qualification requirements, etc.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
Article 36 Quality and technical supervision departments at all levels and entry-exit inspection and quarantine institutions in various localities (hereinafter collectively referred to as local certification supervision and administration departments) shall, in accordance with their respective duties, regularly supervise certification activities within their jurisdictions, investigate and deal with illegal certification acts, and establish corresponding supervision and coordination working mechanisms.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
Article 37 The General Administration of Quality Supervision, Inspection and Quarantine of the People's Republic of China and the Certification and Accreditation Administration of the People's Republic of China shall supervise and guide the filing of certification body offices and certification law enforcement work carried out by provincial quality and technical supervision departments and directly affiliated inspection and quarantine institutions.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
Provincial quality and technical supervision departments shall supervise and guide the certification law enforcement work carried out by the quality and technical supervision departments at the municipal and county levels under their jurisdiction. Directly affiliated inspection and quarantine institutions shall supervise and guide the certification law enforcement work carried out by the entry-exit inspection and quarantine institutions at their branch offices under their jurisdiction.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
Provincial quality and technical supervision departments and directly affiliated inspection and quarantine institutions shall, before the end of March each year, submit to the Certification and Accreditation Administration of the People's Republic of China the certification supervision and administration work situation of the previous year within their jurisdictions.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
Article 38 Where the Certification and Accreditation Administration of the People's Republic of China and local certification supervision and administration departments discover the following problems in administrative management, after investigation and verification, they shall issue a warning to the certification body and order it to make corrections:บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
(1) The established office has not been filed with the provincial certification supervision department at its location;บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
(2) The representative office established in China by an overseas certification body has not been filed with the Certification and Accreditation Administration of the People's Republic of China;บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
(3) Certification rules formulated on its own have not been filed with the Certification and Accreditation Administration of the People's Republic of China;บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
(4) Senior management personnel of the certification body violate the relevant provisions of these Measures;บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
(5) Certification certificates or certification marks have not been filed, or the certificates or marks issued to certified organizations or products are inconsistent with the filed certificates or marks.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
Article 39 The State encourages certification bodies to obtain accreditation through accreditation bodies in order to prove that their certification capabilities meet the requirements; where laws and administrative regulations provide that accreditation shall be obtained, certification bodies shall obtain accreditation in accordance with statutory requirements.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
Accreditation bodies shall conduct effective follow-up supervision of accredited certification bodies and conduct spot checks on the conformity of certification results. For certification bodies that cannot continuously meet accreditation requirements, they shall suspend or revoke their accreditation qualifications. Illegal and non-compliant acts discovered in accreditation supervision shall be promptly reported to the Certification and Accreditation Administration of the People's Republic of China.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
Article 40 Certification and accreditation associations shall strengthen industry self-discipline management of certification bodies, review certification bodies' compliance with laws and regulations and performance of industry self-discipline norms, and promptly report to the Certification and Accreditation Administration of the People's Republic of China when illegal or non-compliant acts of certification bodies are discovered.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
Article 41 Certification bodies and certified organizations shall cooperate with and assist the supervisory and inspection work carried out by the Certification and Accreditation Administration of the People's Republic of China and local certification supervision and administration departments, and truthfully provide relevant materials and information in response to inquiries and investigations concerning relevant matters.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
Article 42 Where a certified organization experiences a product quality safety accident, environmental pollution or occupational health and safety accident, or where products that do not meet statutory requirements are discovered in random inspections supervised by administrative organs, the certification body shall, according to the specific circumstances and in accordance with law, suspend or revoke the certification certificate, promptly notify the Certification and Accreditation Administration of the People's Republic of China, local certification supervision and administration departments and relevant departments, and cooperate with the relevant administrative organs in conducting follow-up supervision and inspection of the certified organization.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
Article 43 Where a certification body falls under any of the following circumstances, the Certification and Accreditation Administration of the People's Republic of China shall, in accordance with law, complete the cancellation procedures for the Certification Body Approval Certificate:บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
(1) The validity period of the Certification Body Approval Certificate expires and no application for renewal has been made;บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
(2) The validity period of the Certification Body Approval Certificate expires and, upon reexamination, it does not conform to the decision to approve renewal;บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
(3) The certification body is terminated in accordance with law;บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
(4) Other circumstances under which cancellation shall be made as provided by laws and regulations.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
Article 44 Where any of the following circumstances exists, the Certification and Accreditation Administration of the People's Republic of China may, upon the request of an interested party or on the basis of its functions and powers, revoke the approval decision made with respect to a certification body:บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
(1) Staff members of the Certification and Accreditation Administration of the People's Republic of China abused their powers or neglected their duties in making the approval decision;บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
(2) The approval decision was made beyond statutory functions and powers;บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
(3) The approval decision was made in violation of statutory procedures;บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
(4) Approval was granted to an applicant that does not possess application qualifications or does not meet statutory conditions;บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
(5) The certification body no longer possesses or cannot continuously meet the statutory conditions and capabilities;บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
(6) Other circumstances under which the approval decision may be revoked in accordance with law.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
Article 45 Any unit or individual has the right to complain about or report illegal or non-compliant acts in certification activities to the General Administration of Quality Supervision, Inspection and Quarantine of the People's Republic of China, the Certification and Accreditation Administration of the People's Republic of China or local certification supervision and administration departments. The Certification and Accreditation Administration of the People's Republic of China or local certification supervision and administration departments shall promptly investigate and handle the matter and keep the informant confidential.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
Chapter V Legal LiabilityบทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
Article 46 Where an applicant conceals relevant circumstances or provides false materials in applying for approval matters such as the establishment of a certification body, the Certification and Accreditation Administration of the People's Republic of China shall not accept the application or shall not grant approval, and shall give a warning; the applicant may not again apply for approval matters such as the establishment of a certification body within 1 year.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
Article 47 Where an applicant obtains an approval certificate for approval matters such as the establishment of a certification body by fraud, bribery or other improper means, the Certification and Accreditation Administration of the People's Republic of China shall revoke its approval certificate; the applicant may not again apply for the establishment of a certification body within 3 years.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
Article 48 Where a certification body, without approval, establishes a subsidiary or branch without authorization to engage in certification activities, the local certification supervision department shall order its subsidiary or branch to stop certification activities, impose a fine of not less than 100,000 yuan but not more than 500,000 yuan, and confiscate illegal gains if any; the Certification and Accreditation Administration of the People's Republic of China shall impose a 6-month suspension of business for rectification on the certification body, impose a 1-year suspension from practice on the responsible certification personnel, and make a public announcement; if the circumstances are serious, the Certification and Accreditation Administration of the People's Republic of China shall revoke the approval certificate of the certification body, revoke the practice qualifications of the responsible certification personnel, and make a public announcement.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
Article 49 Where an office established by a certification body engages in certification activities such as signing certification contracts, organizing on-site audits (inspections), issuing audit (inspection) reports, implementing certification decisions, and collecting certification fees, the local certification supervision department shall revoke its filing, impose a fine of not less than 100,000 yuan but not more than 500,000 yuan, and confiscate illegal gains if any; the Certification and Accreditation Administration of the People's Republic of China shall impose a 6-month suspension of business for rectification on the certification body, impose a 1-year suspension from practice on the responsible certification personnel, and make a public announcement.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
Article 50 Where a representative office established in China by an overseas certification body engages in certification activities such as signing certification contracts, organizing on-site audits (inspections), issuing audit (inspection) reports, implementing certification decisions, and collecting certification fees, the local certification supervision department shall order it to stop the illegal acts, impose a fine of not less than 100,000 yuan but not more than 500,000 yuan, and confiscate illegal gains if any; if the circumstances are serious, the Certification and Accreditation Administration of the People's Republic of China shall revoke its filing and make a public announcement.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
Article 51 Where a subsidiary or branch established by a certification body establishes an institution in another form or entrusts another person to engage in certification activities, the local certification supervision department shall impose a fine of not less than 100,000 yuan but not more than 500,000 yuan, and confiscate illegal gains if any; the Certification and Accreditation Administration of the People's Republic of China shall revoke the approval qualification of the subsidiary or branch, impose a 6-month suspension of business for rectification on the certification body, and impose a 1-year suspension from practice on the responsible certification personnel; if the circumstances are serious, the Certification and Accreditation Administration of the People's Republic of China shall revoke the approval certificate of the certification body, revoke the practice qualifications of the responsible certification personnel, and make a public announcement.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
Article 52 Where a certification body subcontracts the certification business of an overseas certification body without approval from the Certification and Accreditation Administration of the People's Republic of China, the Certification and Accreditation Administration of the People's Republic of China shall order it to make corrections and give a warning; if the circumstances are serious, it shall impose a 6-month suspension of business for rectification and make a public announcement; it shall impose a 1-year suspension from practice on the responsible certification personnel; and it shall confiscate illegal gains if any.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
Article 53 Where a certification body falls under any of the following circumstances, the Certification and Accreditation Administration of the People's Republic of China or the local certification supervision department shall order it to make corrections, give a warning, and make a public announcement:บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
(1) The full-time certification personnel have changed, and their number or practice qualifications do not meet the requirements;บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
(2) The certification body has undergone changes in registered matters but has not completed the change procedures as required;บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
(3) It fails to submit the annual review report, information on certified organizations and other information on time, or the submitted materials are untrue;บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
(4) Other violations of these Measures.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
Article 54 Where a certification body falls under any of the following circumstances, the Certification and Accreditation Administration of the People's Republic of China or the local certification supervision department shall order it to make corrections within a specified time limit; if it fails to make corrections upon expiration, a fine of not more than 30,000 yuan may be imposed:บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
(1) It fails to publicly announce certification certificates that have been suspended or revoked;บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
(2) It fails to provide certification audit documents to the certification client;บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
(3) The audit time is seriously insufficient and is less than that provided by the basic certification norms and certification rules;บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
(4) It engages in certification consulting activities;บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
(5) The products of a certified organization do not meet relevant laws and regulations, or the product production standards have not been filed in accordance with statutory requirements, and the certification body fails to suspend its certification certificate as required or fails to take other corrective measures;บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
(6) In supervisory inspection by an administrative organ, it refuses to provide information reflecting its practice activities, or conceals relevant circumstances or provides false materials;บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
(7) Other violations of these Measures.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
Article 55 Where a certification body falls under any of the following circumstances, the local certification supervision department shall order it to make corrections, impose a fine of not less than 50,000 yuan but not more than 100,000 yuan, and confiscate illegal gains if any; if the circumstances are serious, the Certification and Accreditation Administration of the People's Republic of China shall order it to suspend business for rectification for 6 months up to revoking its approval certificate, and make a public announcement:บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
(1) Employing personnel who are not registered (confirmed) by the State, or using personnel who do not meet certification requirements and competence, to engage in certification audit and inspection activities;บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
(2) Adding, reducing, or omitting procedural requirements stipulated in the basic certification norms and certification rules, or issuing certification certificates when certification personnel have not been present at the audit site or have not effectively verified the corrective measures of the certification client;บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
(3) Internal management is chaotic, or certification decisions are made at multiple office locations, resulting in failure to implement effective certification or follow-up supervision of the products, services, and management systems being certified in accordance with the procedures and requirements of the basic certification norms and certification rules, thereby causing adverse social impact;บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
(4) The certified products, services, and management systems cannot continuously meet the certification requirements, and the certification body fails to suspend or revoke the certification certificates in accordance with regulations and publicly announce the same;บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
(5) Other violations of the provisions of the basic certification norms and certification rules.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
Article 56 Where a certification body falls under any of the following circumstances, the local certification supervision department shall order it to make corrections and impose a fine of not less than RMB 100,000 but not more than RMB 200,000; where there is illegal income, the illegal income shall be confiscated; where the circumstances are serious, the Certification and Accreditation Administration of the People's Republic of China shall revoke its approval certificate and publicly announce the same:บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
(1) Conducting certification activities beyond the approved scope;บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
(2) Altering or forging the Certification Body Approval Certificate, or illegally transferring approval qualifications in any other form;บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
(3) Continuing to engage in certification activities during the period of suspension for rectification;บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
(4) After the expiration of the suspension for rectification, still failing to engage in certification activities in accordance with the rectification requirements.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
Article 57 Where a certification body issues false certification conclusions or the conclusions issued are seriously inconsistent with the facts, the Certification and Accreditation Administration of the People's Republic of China shall revoke its approval certificate and publicly announce the same; give a warning to the directly responsible person in charge, and revoke the practice qualification of the certification personnel who bear direct responsibility; where a crime is constituted, criminal liability shall be pursued in accordance with law; where losses are caused, compensation liability shall be borne in accordance with law.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
Article 58 For other illegal acts of certification bodies, penalties shall be imposed in accordance with the Certification and Accreditation Regulations and other relevant laws and regulations.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
Article 59 The Certification and Accreditation Administration of the People's Republic of China, local certification supervision departments, and their staff shall supervise certification activities in accordance with law. Where they commit illegal acts such as abuse of power, engaging in malpractices for personal gain, or dereliction of duty, administrative sanctions shall be imposed in accordance with law; where a crime is constituted, criminal liability shall be pursued in accordance with law.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
Chapter VI Supplementary ProvisionsบทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
Article 60 Where certification bodies from the Hong Kong, Macao, and Taiwan regions establish certification bodies or representative offices in the mainland, they shall handle the relevant approval procedures in accordance with the provisions of Chapter II of these Measures concerning overseas certification bodies, and shall comply with the provisions of these Measures.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
Article 61 These Measures shall be interpreted by the General Administration of Quality Supervision, Inspection and Quarantine of the People's Republic of China.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/
Article 62 These Measures shall come into force on September 1, 2011.บทความมาจากFOFCC-http://fofcc.org.cn/th/11336/