Laws and Regulations
Source: Ministry of Commerce Website, PRC
PROVISIONS ON CERTIFICATION OF IMPORT AND EXPORT COMMODITIES
(FOR TRIAL IMPLEMENTATION)
Thursday, November 26, 1998 Posted: 17:37 BJT (0937 GMT)
(Promulgated by the State Administration of Import and Export Commodity Inspection of the People’s Republic of China on August 22, 1988)
- CHAPTER I GENERAL PROVISIONS
- CHAPTER II VARIETIES AND REQUIREMENTS OF CERTIFICATION
- CHAPTER III CERTIFICATION PROCEDURES
- CHAPTER IV SUPERVISION AND ADMINISTRATION
- CHAPTER V SUPPLEMENTARY ARTICLES
CHAPTER I GENERAL PROVISIONS
Article 1. The certification of import and export commodities is a way to promote the development of international trade, and the promote the development of international trade, and the present Provisions are hereby formulated with a view to strengthening the certification of import and export commodities.
Article 2. The State Administration of Import and Export Commodity Inspection of the People’s Republic of China (hereinafter referred to as the State Administration of Commodity Inspection) is the competent authority in charge of the unified administration of import and export commodity certification all over the country, and the commodity inspection bureau of provinces, autonomous regions and municipalities and their branches (hereinafter referred to as the commodity inspection authorities) are in charge of certification, supervision and administration of import and export commodities in their local regions.
CHAPTER II VARIETIES AND REQUIREMENT OF CERTIFICATION
Article 4. The State Administration of Commodity Inspection conducts safety and quality certification of import and export commodities and promulgates the relevant recognition marks.
Article 5. Foundations of Commodity Certification:
(1) Safety Certification: for export commodities, the certification shall be based on the safety laws and regulations of the importing country or international safety standards; while for import commodities based on the current laws, regulations and standards of China.
(2) Quality Certification: for export commodities, the certification shall be based on the standards of the importing country, the standard stipulated in the contract, the current international standards, and the technical standards of high-quality products of the State or ministry level of China; while for import commodities, based on the current advanced technical standard of the producing country, current international technical standard or the technical standards of high-quality products of the State or ministry level of China.
(3) Export commodities seeking the certification of foreign countries or seeking international professional certification shall be in accordance with the laws, regulations and standards of foreign certification agencies or international professional certification organizations.
Article 6. Enterprises seeking the certification of import and export commodities shall meet the following requirements:
(1) Provided with complete and accurate design data, technological documents and inspection regulations for batch processing;
(2) Well equipped with production facilities, technological devices, measuring and testing instruments to guarantee the quality of products, components, spare parts and raw materials;
(3) Possessing adequate personnel specialized in the fields of measurement and inspection to ensure the quality of products;
(4) Establishment of a guarantee system for high quality of products; the quality inspection department of a factory shall have the power of veto on the quality of products, have strict administrative rules and comprehensive record of inspection;
(5) Establishment of administration and examination disciplines for production in a scientific and rigorous way.
CHAPTER III CERTIFICATION PROCEDURES
Article 7. All manufacturers, firms and their agents (both domestic and abroad) seeking the certification of commodities (hereinafter referred to as the applicants) shall submit a written application according to the following terms:
(1) In the case of import commodities, apply to the inspection authorities designated by the State Administration of Commodity Inspection;
(2) In the case of export commodities, apply to the inspection authority in the region of production.
Article 8. After receiving the application, the inspection authority shall send a formal application form to the applicant within 10 days and, at the same time, notify the applicant of the quantity of samples to be offered, requirements of packaging for transportation, technical information of products, test and examination fees for commodity certification to be paid in advance.
Article 9. On receiving the application form, together with the samples, technical information and pre-paid fees, the inspection authority shall send a receipt to the applicant, and meanwhile notify the applicant of the executive inspection organization and the scheduled time of completion of inspection.
Article 10. The executive inspection organization shall draft a certification report of up-to-standard samples. The report is to be checked and approved by the inspection authority and then sent to the applicant by the inspection organization. In case the samples are found not up to standard, the inspection organization shall send a notice of sub-standard quality to the inspection authority and the applicant, who can apply for a second time after improvements are made.
Article 11. If the samples are found up to standard, the inspection authority shall organize or entrust the technical personnel of the inspection organization concerned to examine the production and inspection conditions in the factory which, if qualified, will be granted approval of the recognition marks on the products.
Article 12. In case there is any change in the relevant regulations and standards, the commodities that have been granted recognition marks shall be subject to application for a new certification.
Article 13. The procedures and administration of foreign or international professional certification shall be in accordance with the relevant stipulations of foreign certification agencies or international professional certification conferences.
Article 14. When seeking the foreign or international profession recognition marks, the factory producing export commodities and the exporters must firstly register with the inspection authority in the region of production, and only after passing through the preliminary examination held by the commodity inspection authority or by the inspection organization designated by the State Administration of Commodity Inspection, can they apply for the certification of foreign countries.
CHAPTER IV SUPERVISION AND ADMINISTRATION
Article 15. The commodity inspection authorities or the accredited inspection organization shall conduct random re-inspection at regular intervals on the commodities approved with recognition marks at least once a year, and re-examination on the production and inspection conditions of the factory at least once a year as well. The inspection organization shall report the findings of the re-inspection to the competent inspection authorities.
Article 16. If the certificated commodities and the manufacturers are found with one of the following cases, the competent inspection authority shall suspend their recognition marks:
(1) Those who are found not in conformity with the requirements of Chapter II and cannot make any improvement within the defined time;
(2) Those who often fail to use the recognition marks according to the stipulations;
(3) Quality of products drops fast, and the clients claim compensation and return merchandise for which the manufacturer should be responsible;
(4) Two batches are found unqualified through legal inspection carried out by the commodity inspection authorities.
Article 17. The State Administration of Commodity Inspection is the competent authority conducting the accreditation of domestic and foreign inspection organizations engaged in the inspection of import and export commodities, as well as the supervision and administration of their recognition performances.
Article 18. In case there is any change in the structure, processing technology, components and materials of the commodities approved with recognition marks, the applicant shall notify the competent inspection authorities beforehand, and suspend the original recognition marks until the renewed samples pass through the recognition and inspection.
Article 19. Should the applicants lodge objection against the conclusions of inspection or examination carried out by the inspection authorities or the designated inspection organizations, they may appeal to the State Administration of Commodity Inspection.
Article 20. At the time of import or export, all commodities with recognition marks must be subject to application for inspection or declare according to the laws and regulations on import and export commodities of China. The inspection, supervision and administration of these certificated commodities shall be conducted by the commodity inspection authorities.
Article 21. the advertisements of the commodities with recognition marks shall be subject to the consent of the inspection authorities in advance.
Article 22. Those who falsify, remark, transfer or falsely use the recognition marks shall be imposed a fine, based on the seriousness of the case, by the inspection authorities or given an administrative disciplinary sanction by their competent departments in addition to suspense of the recognition marks against the stipulations of these Provisions. Those who violate the criminal law shall be prosecuted and dealt with in accordance with the criminal law.
CHAPTER V SUPPLEMENTARY ARTICLES
Article 23. Design of the recognition marks shall be formulated separately by the State Administration of Commodity Inspection
Article 24. The applicants shall bear the fees of inspection on samples of products seeking the certification, fees of examination on production conditions, routine supervision and random inspection, and the costs of recognition marks. Provisions for collecting fees shall be formulated separately.
Article 25. The inspection authorities and the designated inspection organizations must keep the technical information and inspection results of the samples offered by the applicant secret.
Article 26. The manufacturers, traders and their agents (both domestic and abroad) applying for the recognition marks shall provide necessary convenience for the inspectors and assessors of the inspection authorities and the designated inspection organizations.
Article 27. The present Provisions come into force from the date of promulgation. The right of interpretation rests with the State Administration of Commodity Inspection. Should any relevant provisions or regulations be in conflict with the present Provisions, the present Provisions shall be regarded as authentic.