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    1. 【法规标题】STANDARDIZATION LAW OF THE PEOPLE'S REPUBLIC OF CHINA
    2. 【颁布单位】The Standing Committee of the National People's Congress
    3. 【发文字号】
    4. 【颁布时间】1988-12-29
    5. 【失效时间】
    6. 【法规来源】

    7. 【全文】

     

    STANDARDIZATION LAW OF THE PEOPLE'S REPUBLIC OF CHINA ——附加英文版

    STANDARDIZATION LAW OF THE PEOPLE'S REPUBLIC OF CHINA

    The Standing Committee of the National People's Congress


    STANDARDIZATION LAW OF THE PEOPLE'S REPUBLIC OF CHINA


    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, promulgated by
    Order No. 11 of the President of the People's Republic of China on
    December 29, 1988, and effective as of April 1, 1989)
    Contents
    Chapter I General Provisions
    Chapter II Formulation of Standards
    Chapter III Implementation of Standards
    Chapter IV Legal Responsibility
    Chapter V Supplementary Provisions

    Chapter I General Provisions
    Article 1
    This Law is formulated with a view to developing the socialist commodity
    economy, promoting technical progress, improving product quality,
    increasing social and economic benefits, safeguarding the interests of the
    State and the people and suiting standardization to the needs in socialist
    modernization and in the development of economic relations with foreign
    countries.
    Article 2
    Standards shall be formulated for the following technical requirements
    that need to be unified:
    (1) the varieties, specifications, quality and grades of industrial
    products as well as the safety and sanitary requirements for them;
    (2) the design, production, inspection, packing, storage, transportation
    and methods of operation of industrial products as well as the safety and
    sanitary requirements for them in the process of production, storage and
    transportation;
    (3) technical requirements and testing methods related to environmental
    protection;
    (4) the designs, construction procedure and safety requirements for
    construction projects; and
    (5) technical terms, symbols, code names and drawing methods related to
    industrial production, project construction and environmental protection.
    Major agricultural products and other items that need to be standardized
    shall be designated by the State Council.
    Article 3
    The tasks of standardization shall include the formulation of standards
    and organization of and supervision over the implementation of the
    standards. Standardization shall be incorporated in the plan for national
    economic and social development.
    Article 4
    The State shall encourage the active adoption of international standards.
    Article 5
    The department of standardization administration under the State Council
    shall be in charge of the unified administration of standardization
    throughout the country. Competent administrative authorities under the
    State Council shall, in line with their respective functions, be in charge
    of standardization in their respective departments and trades.
    The departments of standardization administration of provinces, autonomous
    regions and municipalities directly under the Central Government shall be
    in charge of the unified administration of standardization within their
    respective administrative areas. Competent administrative authorities
    under the governments of provinces, autonomous regions and municipalities
    directly under the Central Government shall, in line with their respective
    functions, be in charge of standardization in their respective departments
    and trades within their respective administrative areas.
    The standardization administration departments and the competent
    administrative authorities of cities and counties shall, in line with
    their respective functions as assigned by the governments of provinces,
    autonomous regions and municipalities directly under the Central
    Government, be in charge of standardization within their respective
    administrative areas.

    Chapter II Formulation of Standards
    Article 6
    National standards shall be formulated for the technical requirements that
    need to be unified nationwide. National standards shall be formulated by
    the department of standardization administration under the State Council.
    Where, in the absence of national standards, technical requirements for a
    certain trade need to be unified, trade standards may be formulated. Trade
    standards shall be formulated by competent administrative authorities
    under the State Council and reported to the department of standardization
    administration under the State Council for the record, and shall be
    annulled on publication of the national standards. Where, in the absence
    of both national and trade standards, safety and sanitary requirements for
    industrial products need to be unified within a province, an autonomous
    region or a municipality directly under the Central Government, local
    standards may be formulated. Local standards shall be formulated by
    departments of standardization administration of provinces, autonomous
    regions and municipalities directly under the Central Government and
    reported to the department of standardization administration and the
    competent administrative authorities under the State Council for the
    record, and shall be annulled on publication of the national or trade
    standards.
    Where, in the absence of both national and trade standards for products
    manufactured by an enterprise, standards for the enterprise shall be
    formulated to serve as the criteria for the organization of production. An
    enterprise's standards for its products shall be reported to the
    standardization administration department and the competent administrative
    authorities under the local government for the record. Where national or
    trade standards have been formulated, the State shall encourage
    enterprises to formulate their enterprise standards, which are more
    stringent than the national or trade standards, to be used in these
    enterprises.
    Where the formulation of standards is otherwise provided for by law, such
    legal provisions shall be complied with.
    Article 7
    National standards and trade standards shall be classified into compulsory
    standards and voluntary standards. Those for safeguarding human health and
    ensuring the safety of the person and of property and those for compulsory
    execution as prescribed by the laws and administrative rules and
    regulations shall be compulsory standards, the others shall be voluntary
    standards.
    The local standards formulated by standardization administration
    departments of provinces, autonomous regions and municipalities directly
    under the Central Government for the safety and sanitary requirements of
    industrial products shall be compulsory standards within their respective
    administrative areas.
    Article 8
    The formulation of standards shall be conducive to ensuring safety and the
    people's health, safeguarding consumer interests and protecting the
    environment.
    Article 9
    The standards to be formulated shall be conducive to a rational use of the
    country's resources, a wider utilization of scientific and technological
    gains and the enhancement of economic returns, conform to operation
    instructions, increase the universality and interchangeability of
    products, and be technologically advanced and economically rational.
    Article 10
    The standards to be formulated shall be coordinated with and supported by
    related standards.
    Article 11
    The standards to be formulated shall help promote economic and
    technological cooperation with foreign countries and foreign trade.
    Article 12
    The roles of trade associations, scientific research institutions and
    academic organizations shall be brought into play in the formulation of
    standards. A department engaged in the formulation of standards shall
    organize a committee on standardization technology composed of
    specialists, which shall be responsible for the drafting of the standards
    and shall participate in the examination of the draft standards.
    Article 13
    After the standards come into force, the department that formulated them
    shall, in the light of scientific and technological developments and the
    needs in economic construction, make timely reviews of the current
    standards to determine if they are to remain effective or are to be
    revised or annulled.

    Chapter III Implementation of Standards
    Article 14
    Compulsory standards must be complied with. It shall be prohibited to
    produce, sell or import products that are not up to the compulsory
    standards. With regard to voluntary standards, the State shall encourage
    their adoption by enterprises on an optional basis.
    Article 15
    With respect to products for which national or trade standards have been
    formulated, enterprises may apply to the standardization administration
    department under the State Council or agencies authorized by the same
    department for product quality authentication. For products which are
    authenticated to conform to the standards, certificates shall be issued by
    the department that made the authentication and the use of the prescribed
    authentication marks shall be permitted on such products and the packing
    thereof.
    If products for which authentication certificates have been granted do not
    conform to national or trade standards, or if products have not undergone
    authentication or found not up to the standards after the authentication
    proceedings, no authentication marks shall be permitted for use on such
    products leaving factories for sale.
    Article 16
    Technical requirements for export products shall comply with contractual
    provisions.
    Article 17
    The development of new products, improvement of products or technical
    renovation by an enterprise shall conform to standardization requirements.
    Article 18
    Departments of standardization administration under governments at or
    above the county level shall be responsible for supervision over and
    inspection of the implementation of the standards.
    Article 19
    Departments of standardization administration under governments at or
    above the county level may, in accordance with needs, establish inspection
    organizations or authorize inspection organizations of other units to
    examine whether products conform to the standards. Where the laws and
    administrative rules and regulations provide otherwise on inspection
    organizations, such provisions shall apply.
    Disputes over whether a product conforms to the standards shall be handled
    in accordance with the inspection data provided by the inspection
    organizations as specified in the preceding paragraph.

    Chapter IV Legal Responsibility
    Article 20
    Whoever produces, sells or imports products that do not conform to the
    compulsory standards shall be dealt with according to law by the competent
    administrative authorities as prescribed by the laws and administrative
    rules and regulations. In the absence of such prescriptions, his products
    and unlawful proceeds shall be confiscated and he shall be concurrently
    fined by the administrative authorities for industry and commerce; where
    serious consequences are caused and crimes are constituted, the person
    directly responsible shall be investigated for criminal responsibility in
    accordance with the law.
    Article 21
    Where authentication marks are used on products leaving a factory for
    sale, for which authentication certificates have been issued but which do
    not conform to national or trade standards, the enterprise concerned shall
    be ordered by the department of standardization administration to stop the
    sale and shall be fined concurrently; where the circumstances are serious,
    the authentication certificates shall be revoked by the department that
    made the authentication.
    Article 22
    Whoever uses authentication marks, without authorization, on products
    leaving a factory for sale, which have not undergone authentication or
    have been found not up to the standards after the authentication
    proceedings, shall be ordered by the department of standardization
    administration to stop the sale and shall concurrently be fined.
    Article 23
    A party which refuses to accept the punishment of confiscation of its
    products and of its unlawful proceeds and a fine may, within 15 days of
    receiving the penalty notice, apply for reconsideration to the office
    immediately above the one that made the punishment decision; a party which
    refuses to obey the reconsideration decision may, within 15 days of
    receiving the reconsideration decision, bring a suit before a people's
    court. The party also may, within 15 days of receiving the penalty notice,
    directly bring a suit before a people's court. If a party neither applies
    for reconsideration nor brings a suit before a people's court within the
    prescribed time nor complies with the punishment decision, the office that
    made the punishment decision shall apply to a people's court for
    compulsory execution.
    Article 24
    Personnel responsible for the supervision, inspection and administration
    of standardization who violate the law or neglect their duties, or are
    engaged in malpractices for personal gains, shall be given disciplinary
    sanctions; where crimes are constituted, their criminal responsibility
    shall be investigated in accordance with the law.

    Chapter V Supplementary Provisions
    Article 25
    Rules for the implementation of this Law shall be formulated by the State
    Council.
    Article 26
    This Law shall go into effect as of April 1, 1989.


    Important Notice:
    This English document is coming from the "LAWS AND REGULATIONS OF THE
    PEOPLE'S REPUBLIC OF CHINA GOVERNING FOREIGN-RELATED MATTERS" (1991.7)
    which is compiled by the Brueau of Legislative Affairs of the State
    Council of the People's Republic of China, and is published by the China
    Legal System Publishing House.
    In case of discrepancy, the original version in Chinese shall prevail.


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