Standardization law of the people's Republic of China

(adopted at the fifth meeting of the Standing Committee of the Seventh National People's Congress on December 29, 1988 and revised at the 30th meeting of the Standing Committee of the Twelfth National People's Congress on November 4, 2017)

catalogue

Chapter I General Provisions

Chapter II Formulation of standards

Chapter III Implementation of standards

Chapter IV Supervision and Administration

Chapter V Legal Liability

Chapter VI supplementary provisions

Chapter I General Provisions

Article 1 this law is formulated for the purpose of strengthening standardization, improving the quality of products and services, promoting scientific and technological progress, ensuring personal health and the safety of life and property, safeguarding national security and ecological environment security, and improving the level of economic and social development.

Article 2 the term "standards" (including standard samples) as mentioned in this Law refers to the technical requirements that need to be unified in the fields of agriculture, industry, service industry and social undertakings.

Standards include national standards, industrial standards, local standards, group standards and enterprise standards. National standards are divided into mandatory standards and recommended standards, and industrial standards and local standards are recommended standards.

Mandatory standards must be implemented. The State encourages the use of recommended standards.

Article 3 the task of standardization is to formulate standards, organize the implementation of standards and supervise the formulation and implementation of standards.

The people's governments at or above the county level shall incorporate the work of standardization into the national economic and social development plans at the corresponding levels, and incorporate the funds for standardization into the budgets at the corresponding levels.

Article 4 the formulation of standards shall be based on the results of scientific and technological research and social practical experience, in-depth investigation and demonstration, and extensive solicitation of opinions, so as to ensure the scientificity, standardization and timeliness of standards and improve the quality of standards.

Article 5 the administrative department for standardization under the State Council shall be in charge of the unified administration of standardization throughout the country. The relevant competent administrative departments under the State Council shall be responsible for the standardization work of their own departments and industries.

The administrative departments in charge of standardization under the local people's governments at or above the county level shall be responsible for the unified administration of standardization within their respective administrative areas. The relevant administrative departments of the local people's governments at or above the county level shall be responsible for the standardization work of their own departments and industries within their respective administrative areas.

Article 6 the State Council shall establish a standardization coordination mechanism, comprehensively promote major standardization reforms, study major standardization policies, and coordinate the formulation and implementation of standards across departments, fields and major disputes.

The local people's governments at or above the level of cities divided into districts may, according to the needs of their work, establish a standardization coordination mechanism to coordinate major matters of standardization work within their respective administrative areas.

Article 7 the State encourages enterprises, social organizations, educational and scientific research institutions to carry out or participate in standardization work.

Article 8 the state actively promotes participation in international standardization activities, carries out standardization foreign cooperation and exchange, participates in the formulation of international standards, adopts international standards in combination with national conditions, and promotes the transformation and application between Chinese standards and foreign standards.

The State encourages enterprises, social organizations, educational and scientific research institutions to participate in international standardization activities.

Article 9 units and individuals that have made remarkable achievements in standardization shall be commended and rewarded in accordance with the relevant provisions of the state.

Chapter II Formulation of standards

Article 10 mandatory national standards shall be formulated for the technical requirements for ensuring personal health, safety of life and property, national security, ecological environment security and meeting the basic needs of economic and social management.

The relevant competent administrative departments under the State Council shall, in accordance with their duties, be responsible for proposing, organizing the drafting, soliciting opinions and technical examination of mandatory national standards. The administrative department for standardization under the State Council shall be responsible for the establishment, numbering and external notification of mandatory national standards. The administrative department in charge of standardization under the State Council shall examine whether the compulsory national standards to be formulated comply with the provisions of the preceding paragraph, and shall establish a project for those that comply with the provisions of the preceding paragraph.

The administrative departments for standardization of the people's governments of provinces, autonomous regions and municipalities directly under the central government may put forward proposals to the administrative department for standardization under the State Council for the establishment of compulsory national standards, which shall be decided by the administrative department for standardization under the State Council in conjunction with the relevant administrative departments under the State Council. Social organizations, enterprises, institutions and citizens may submit proposals for the establishment of compulsory national standards to the competent administrative department for standardization under the State Council. If the competent administrative department for standardization under the State Council deems it necessary to establish a project, it shall make a decision in conjunction with the relevant competent administrative departments under the State Council.

Compulsory national standards shall be approved and issued or authorized by the State Council.

Where there are other provisions on the formulation of compulsory standards in laws, administrative regulations and decisions of the State Council, such provisions shall prevail.

Article 11 for the technical requirements that meet the needs of basic general use, supporting mandatory national standards and playing a leading role in relevant industries, recommended national standards may be formulated.

Recommended national standards shall be formulated by the administrative department for standardization under the State Council.

Article 12 industrial standards may be formulated for technical requirements that have no recommended national standards and need to be unified within a certain industry throughout the country.

Industry standards shall be formulated by the relevant administrative departments under the State Council and submitted to the administrative department for standardization under the State Council for the record.

Article 13 local standards may be formulated to meet local natural conditions, customs and other special technical requirements.

Local standards shall be formulated by the administrative departments in charge of standardization under the people's governments of provinces, autonomous regions and municipalities directly under the central government; The administrative departments in charge of standardization of the people's governments of cities divided into districts may, in accordance with the special needs of their respective administrative regions and with the approval of the administrative departments in charge of standardization of the people's governments of the provinces, autonomous regions and municipalities directly under the central government where they are located, formulate local standards for their respective administrative regions. Local standards shall be reported by the competent administrative department for standardization of the people's Government of the province, autonomous region or municipality directly under the central government to the competent administrative department for standardization under the State Council for the record, and the competent administrative department for standardization under the State Council shall notify the relevant competent administrative departments under the State Council.

Article 14 for standard projects urgently needed to ensure personal health, safety of life and property, national security, ecological environment security and economic and social development, the competent administrative department that formulates the standards shall give priority to the establishment of projects and complete them in time.

Article 15 when formulating compulsory standards and recommended standards, the actual needs of relevant administrative departments, enterprises, social organizations, consumers, education and scientific research institutions shall be investigated at the time of project establishment, and the necessity and feasibility of formulating standards shall be demonstrated and evaluated; In the process of formulation, opinions shall be solicited in various ways in accordance with the principle of convenience and effectiveness, and relevant matters of standards shall be investigated, analyzed, tested and demonstrated, so as to achieve coordination and matching between relevant standards.

Article 16 in formulating recommended standards, a standardization technical committee composed of relevant parties shall be organized to undertake the drafting and technical examination of standards. To formulate mandatory standards, relevant standardization technical committees may be entrusted to undertake the drafting and technical review of standards. If no Standardization Technical Committee is formed, an expert group shall be established to undertake the drafting and technical review of relevant standards. The composition of Standardization Technical Committee and expert group should be widely representative.

Article 17 the text of compulsory standards shall be made public to the public free of charge. The state promotes the free disclosure of recommended standard texts to the public.

Article 18 The State encourages societies, associations, chambers of Commerce, federations, industrial technology alliances and other social organizations to coordinate relevant market entities to jointly formulate group standards that meet the needs of the market and innovation, which shall be adopted by the members of the group or voluntarily adopted by the society in accordance with the provisions of the group.

The formulation of group standards shall follow the principles of openness, transparency and fairness, ensure that all participants obtain relevant information, reflect the common needs of all participants, and organize the investigation, analysis, experiment and demonstration of standards related matters.

The administrative department for standardization under the State Council shall, in conjunction with the relevant administrative departments under the State Council, standardize, guide and supervise the formulation of group standards.

Article 19 An enterprise may formulate its own enterprise standards according to its needs, or jointly formulate enterprise standards with other enterprises.

Article 20 the State supports the formulation of group standards and enterprise standards by using independent innovative technologies in important industries, strategic emerging industries, key common technologies and other fields.

Article 21 the technical requirements of recommended national standards, industrial standards, local standards, group standards and enterprise standards shall not be lower than the relevant technical requirements of mandatory national standards.

The State encourages social organizations and enterprises to formulate group standards and enterprise standards higher than the relevant technical requirements of the recommended standards.

Article 22 the formulation of standards shall be conducive to the scientific and rational use of resources, the popularization of scientific and technological achievements, the safety, universality and replaceability of products, the improvement of economic, social and ecological benefits, and the achievement of technological advancement and economic rationality.

It is prohibited to use standards to implement acts that hinder the free circulation of goods and services and eliminate or restrict market competition.

Article 23 The State promotes standardized military civilian integration and resource sharing, improves the generalization of military civilian standards, actively promotes the adoption of advanced and applicable civil standards in national defense and military construction, and transforms advanced and applicable military standards into civil standards.

Article 24 standards shall be numbered according to the numbering rules. The numbering rules of standards shall be formulated and promulgated by the competent administrative department for standardization under the State Council.

Chapter III Implementation of standards

Article 25 products and services that do not meet the mandatory standards may not be produced, sold, imported or provided.

Article 26 the technical requirements for export products and services shall be implemented in accordance with the provisions of the contract.

Article 27 The State implements a system of self declaration, publicity and supervision of group standards and enterprise standards. An enterprise shall disclose the number and name of its mandatory standards, recommended standards, group standards or enterprise standards; Where an enterprise implements its own enterprise standards, it shall also disclose the functional indicators of products and services and the performance indicators of products. The State encourages group standards and enterprise standards to be made public to the public through the standard information public service platform.

An enterprise shall organize production and business activities in accordance with the standards, and its products and services shall meet the technical requirements of the enterprise disclosure standards.

Article 28 enterprises that develop new products, improve products and carry out technological transformation shall meet the standardization requirements stipulated in this law.

Article 29 The State establishes a system of statistical analysis and reporting on the implementation of mandatory standards.

The competent administrative department for standardization under the State Council, the relevant competent administrative departments under the State Council and the competent administrative departments for standardization under the local people's governments at or above the level of cities divided into districts shall establish an information feedback and evaluation mechanism for the implementation of standards, and review the standards formulated according to the feedback and evaluation. The standard review cycle generally does not exceed five years. After reexamination, those that do not meet the needs of economic and social development and technological progress shall be revised or abolished in time.

Article 30 the administrative department in charge of standardization under the State Council shall, according to the information feedback, evaluation and review of the implementation of standards, deal with the duplication, intersection or lack of connection and matching between the relevant standards in conjunction with the relevant administrative departments under the State Council or through the standardization coordination mechanism of the State Council.

Article 31 people's governments at or above the county level shall support the pilot demonstration and publicity of standardization, disseminate the concept of standardization, popularize the experience of standardization, promote the whole society to organize production, operation, management and services by means of standardization, and give full play to the supporting role of standards in promoting transformation and upgrading and leading innovation.

Chapter IV Supervision and Administration

Article 32 The administrative departments in charge of standardization and relevant administrative departments of the people's governments at or above the county level shall, in accordance with their statutory duties, guide and supervise the formulation of standards and supervise and inspect the implementation of standards.

Article 33 Where a dispute arises between the relevant competent administrative departments under the State Council in the process of formulating and implementing standards, the competent administrative department for standardization under the State Council shall organize consultation; If the negotiation fails, it shall be solved by the standardization coordination mechanism of the State Council.

Article 34 Where the relevant administrative department under the State Council or the standardization administrative department of the local people's government at or above the level of a city divided into districts fails to number, review or record the standards in accordance with the provisions of this law, the standardization administrative department under the State Council shall require it to explain the situation and make corrections within a time limit.

Article 35 Any unit or individual shall have the right to report or complain to the administrative department in charge of standardization and relevant administrative departments about acts in violation of the provisions of this law.

The administrative departments in charge of standardization and relevant administrative departments shall make public to the public the telephone number, mailbox or e-mail address for accepting reports and complaints, and arrange personnel to accept reports and complaints. For real name informants or complainants, the administrative department in charge of receiving reports and complaints shall inform the handling results, keep confidential for the informants, and reward the informants in accordance with the relevant provisions of the state.

Chapter V Legal Liability

Article 36 Whoever produces, sells or imports products or provides services that do not meet the mandatory standards, or the products produced or services provided by an enterprise do not meet the technical requirements of its public standards, shall bear civil liability according to law.

Article 37 those who produce, sell, import products or provide services that do not meet the mandatory standards shall be investigated and dealt with in accordance with the provisions of the law of the people's Republic of China on product quality, the law of the people's Republic of China on import and export commodity inspection, the law of the people's Republic of China on the protection of consumers' rights and interests and other laws and administrative regulations, recorded in credit records, and publicized in accordance with the provisions of relevant laws and administrative regulations; If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 38 Where an enterprise fails to disclose the standards it implements in accordance with the provisions of this law, the competent administrative department for standardization shall order it to make corrections within a time limit; If it fails to make corrections within the time limit, it shall be publicized on the standard information public service platform.

Article 39 If the standards formulated by the relevant administrative departments under the State Council or the competent administrative departments for standardization of local people's governments at or above the level of cities divided into districts do not comply with the provisions of paragraph 1 of Article 21 and paragraph 1 of Article 22 of this law, they shall be corrected in time; If it refuses to make corrections, the competent administrative department for standardization under the State Council shall announce the abolition of relevant standards; The responsible leaders and the persons directly responsible shall be punished according to law.

If the standards formulated by social organizations or enterprises do not comply with the provisions of the first paragraph of Article 21 and the first paragraph of Article 22 of this law, the competent administrative department for standardization shall order them to make corrections within a time limit; If it fails to make corrections within the time limit, the standardization administrative department of the people's government at or above the provincial level shall abolish the relevant standards and publicize them on the standard information public service platform.

Those who violate the provisions of the second paragraph of Article 22 of this Law and use standards to eliminate or restrict market competition shall be dealt with in accordance with the provisions of the anti monopoly law of the people's Republic of China and other laws and administrative regulations.

Article 40 Where the relevant administrative department under the State Council or the standardization administrative department of the local people's government at or above the level of a city divided into districts fails to number or record the standards in accordance with the provisions of this law, and fails to make corrections in accordance with the provisions of Article 34 of this law, the standardization administrative department under the State Council shall revoke the relevant standard numbers or announce the abolition of the standards not recorded; The responsible leaders and the persons directly responsible shall be punished according to law.

If the relevant competent administrative department under the State Council or the competent administrative department for standardization of the local people's government at or above the level of a city divided into districts fails to review the standards formulated by them in accordance with the provisions of this Law and to make corrections in accordance with the provisions of Article 34 of this law, the leading persons responsible and the directly responsible persons shall be punished