According to the Regulations on the Function Allocation, Internal Organizations and Staffing of the State Market Supervision and Administration, the State Market Supervision and Administration is directly under the State Council and is a ministerial level institution.
Main responsibilities:
(1) Responsible for the comprehensive supervision and management of the market. Draft laws and regulations related to market supervision and administration, formulate relevant rules, policies and standards, organize the implementation of the quality power strategy, food safety strategy and standardization strategy, formulate and organize the implementation of relevant plans, standardize and maintain market order, and create a market environment of honesty, trustworthiness and fair competition.
(2) Responsible for the unified registration of market entities. To guide the registration of various enterprises, farmers' professional cooperatives, units engaged in business activities, self-employed businesses, permanent representative offices of foreign (regional) enterprises and other market entities. We will establish an information publicity and sharing mechanism for market entities, publicize and share relevant information in accordance with the law, strengthen credit supervision, and promote the construction of the credit system for market entities.
(3) To organize and guide the comprehensive law enforcement of market supervision. Guide the integration and construction of local market supervision comprehensive law enforcement teams, and promote the implementation of unified market supervision. Organize the investigation and handling of major illegal cases. Standardize administrative law enforcement of market supervision.
(4) To be responsible for the unified enforcement of anti-monopoly laws. Promote the implementation of competition policy as a whole and guide the implementation of fair competition review system. Conduct anti-monopoly review on the concentration of business operators according to law, and be responsible for anti-monopoly law enforcement such as monopoly agreements, abuse of market dominance, abuse of administrative power to eliminate and restrict competition. To guide enterprises in responding to antitrust lawsuits abroad. Undertake the daily work of the Anti monopoly Committee of the State Council.
(5) To supervise and manage market order. Supervise and administer market transactions, online commodity transactions and related services in accordance with the law. Organize and guide the investigation and punishment of illegal price charges, unfair competition, illegal direct marketing, pyramid selling, infringement of intellectual property rights of trademark patents, and manufacturing and selling counterfeit and shoddy goods. To guide the development of the advertising industry and supervise and manage advertising activities. To guide the investigation and punishment of unlicensed production and operation and relevant unlicensed production and operation. Guide the China Consumer Association to carry out consumer rights protection work.
(6) Responsible for macro quality management. Formulate and implement system measures for quality development. Coordinate the construction and application of national quality infrastructure, organize and implement the quality supervision system of major engineering equipment together with relevant departments, organize the investigation of major quality accidents, establish and uniformly implement the recall system of defective products, and supervise and manage the product anti-counterfeiting work.
(7) Be responsible for the supervision and management of product quality and safety. Manage product quality and safety risk monitoring and national supervision and random inspection. Establish and organize the implementation of quality grading system and quality safety traceability system. To guide the management of production license of industrial products. Be responsible for fiber quality supervision.
(8) Be responsible for the safety supervision and management of special equipment. To comprehensively manage the safety supervision and supervision of special equipment, supervise and inspect the implementation of energy-saving standards for high energy consumption special equipment and boiler environmental protection standards.
(9) Be responsible for the comprehensive coordination of food safety supervision and management. Organize the formulation and implementation of major food safety policies. Be responsible for the construction of food safety emergency system, organize and guide the emergency response, investigation and handling of major food safety incidents. Establish and improve the direct reporting system of important food safety information. To undertake the daily work of the Food Safety Committee of the State Council.
(10) Responsible for food safety supervision and management. Establish and implement a supervision and inspection system covering the whole process of food production, circulation and consumption, and a hidden danger troubleshooting and governance mechanism to prevent regional and systematic food safety risks. Promote the establishment of a mechanism for food producers and operators to implement their main responsibilities, and improve the food safety traceability system. Organize and carry out food safety supervision and sampling inspection, risk monitoring, verification and disposal, risk early warning and risk communication. Organize and implement the registration, filing, supervision and management of special food.
(11) Be responsible for unified management of measurement work. Promote legal measurement units and the national measurement system, and manage measurement instruments and the transmission and comparison of measurement values. Standardize and supervise the measurement of commodity volume and market.
(12) Be responsible for unified management and standardization. Undertake the initiation, numbering, external notification, authorization, approval and issuance of mandatory national standards according to law. Formulate recommended national standards. Coordinate, guide and supervise the formulation of industrial standards, local standards and group standards according to law. Organize international cooperation in standardization and participate in the development and adoption of international standards.
(13) Be responsible for unified management of inspection and detection. Promote the reform of inspection and testing institutions, standardize the inspection and testing market, improve the inspection and testing system, and guide and coordinate the development of the inspection and testing industry.
(14) To be responsible for unified management, supervision and comprehensive coordination of national certification and accreditation. Establish and organize the implementation of the national unified certification, accreditation and conformity assessment supervision and management system.
(15) Responsible for market supervision, management, technology and information construction, news publicity, international exchanges and cooperation. Undertake work related to technical trade measures according to regulations.
(16) To administer the State Drug Administration and the State Intellectual Property Office.
(17) Complete other tasks assigned by the Party Central Committee and the State Council.
According to the 2023 Plan for the Reform of Party and State Institutions, the State Intellectual Property Office (SIPO), which is managed by the State Market Supervision and Administration Administration, is adjusted to be an institution directly under the State Council. The law enforcement responsibilities in trademark, patent and other fields are undertaken by the comprehensive law enforcement team of market supervision, and the relevant law enforcement work is subject to the professional guidance of the State Intellectual Property Office.
(1) General Office. Be responsible for the daily operation of the organ, and undertake information, security, confidentiality, letters and visits, government affairs publicity, informatization and other work. Organize and coordinate the emergency disposal, investigation and handling of major accidents in market supervision and management.
(2) Integrated Planning Division. Undertake to coordinate and promote the deepening reform of market supervision and management. Organize relevant policy research and comprehensive analysis. Draw up medium and long-term plans for market supervision and management and organize their implementation. Be responsible for drafting important comprehensive documents and drafts. To undertake and guide the statistical work of market supervision and management.
(3) Regulation Department. To organize the drafting of laws, regulations and rules related to market supervision and administration. To review the legality of normative documents and draft international cooperation agreements, agreements and protocols. To design law enforcement procedures, standardize discretion and supervise administrative law enforcement in accordance with the law and regulations. Undertake or participate in administrative reconsideration, administrative response and administrative compensation. Organize publicity and education on the rule of law.
(4) Law Enforcement Inspection Bureau. To formulate and organize the implementation of systems and measures for the comprehensive enforcement of market supervision and the investigation and handling of cases. To guide the investigation and handling of relevant illegal acts and cases in market access, production, operation and trading. Undertake the work of organizing and supervising the handling of major and important cases that have nationwide influence or cross provinces (autonomous regions, municipalities directly under the Central Government). To guide the comprehensive law enforcement of local market supervision.
(5) Registration Bureau (Party building office of small and micro enterprises, individual businesses and professional markets). To formulate the system measures for unified registration of market entities and issuance of business licenses and guide their implementation. To guide the whole process of electronic registration. Undertake the analysis and disclosure of registration information. To guide the administrative licensing of market supervision and management. Support the development of private economy and undertake the establishment and improvement of the directory of small and micro enterprises. Under the guidance of the Organization Department of the Central Committee, guide local market supervision and management departments to cooperate with the organization departments of the Party Committee to carry out the party building work of small and micro enterprises, individual businesses and professional markets.
(6) Credit Supervision and Management Department. Formulate system measures for credit supervision and management. To organize and guide the supervision and inspection of the registration of market entities. Organize and guide credit classification management and information publicity, and undertake the construction and management of national enterprise credit information publicity system. Establish a directory of abnormal operations and a "blacklist", and undertake the coordination and contact work of collecting and sharing the supervision and management information and publicity information of market entities, as well as joint punishment.
(7) Division for Competition Policy Coordination. Responsible for overall promotion of the implementation of competition policy and comprehensive coordination of anti-monopoly. Guide local governments to carry out anti-monopoly work. Take the lead in formulating anti-monopoly system measures and guidelines. Organize the implementation of fair competition review system, urge and guide all departments and local governments to carry out fair competition review. To be responsible for the anti-monopoly law enforcement work of eliminating and restricting competition by abusing administrative power. Undertake the internal legal review of antitrust cases. Undertake international cooperation and exchange on competition policy and anti-monopoly. Undertake the daily work of the Anti monopoly Committee of the State Council.
(8) First Division of Anti monopoly Law Enforcement. Responsible for anti-monopoly law enforcement such as monopoly agreements, abuse of market dominance, abuse of intellectual property rights to exclude and restrict competition. Organize the implementation of monopoly agreements in the field of digital economy and abuse of market dominance in law enforcement. Guide the local authorities to investigate and deal with cases of monopoly agreements and abuse of market dominance, and organize and coordinate the investigation and treatment of cases of cross provincial (autonomous regions, municipalities directly under the Central Government) monopoly agreements and abuse of market dominance.
(9) Second Division of Anti monopoly Law Enforcement. To be responsible for the anti-monopoly review of the concentration of undertakings in accordance with the law. Be responsible for investigating and dealing with the cases of concentration of business operators that have been illegally implemented, and the cases of concentration of business operators that do not meet the declaration standards but may exclude or restrict competition. Carry out anti-monopoly review on concentration of operators in the field of digital economy. Supervise the implementation of additional restrictive conditions for concentration of undertakings. To guide enterprises in their antitrust litigation response and compliance work abroad.
(10) The Bureau of Price Supervision, Inspection and Anti unfair Competition (the Office of Regulating Direct Marketing and Combating Pyramid Marketing). To formulate system measures, rules and guidelines for supervision and inspection of price charges and anti unfair competition. To organize and implement the supervision and inspection of commodity prices, service prices and fees collected by state organs and institutions. Organize and guide the investigation and punishment of price collection violations and unfair competition. To supervise and manage direct selling enterprises, direct sellers and their direct selling activities, and crack down on pyramid selling.
(11) Department of Online Trading Supervision and Management. To formulate and implement the system and measures for the supervision and management of online commodity transactions and related services. To organize, guide and coordinate the administrative law enforcement of the network market. Organize and guide the standardized management of online trading platforms and online business entities. Organize and implement network market monitoring. Organize the supervision and administration of contracts and auctions according to law. Guide the construction of consumption environment.
(12) Advertising Supervision and Management Department. To formulate advertising development plans and policies and organize their implementation. To formulate and implement the system and measures for advertising supervision and management, and organize and guide the review of advertising of drugs, health food, medical devices, and formula food for special medical purposes. Organize and monitor the release of various media advertisements. Organize investigation and punishment of false advertisements and other illegal acts. To guide the work of advertising review agencies and advertising industry organizations.
(13) Quality Development Bureau. Formulate and organize the implementation of policies and measures to promote the quality power strategy, undertake the coordinated service and application of national quality infrastructure, and propose measures to improve the quality incentive system. Formulate and implement product and service quality improvement system, product quality and safety accident mandatory reporting system, defective product recall system, organize and implement major engineering equipment quality supervision and product anti-counterfeiting work, carry out service quality supervision and monitoring, and organize major quality accident investigation.
(14) Department of Product Quality and Safety Supervision and Management. To draw up and organize the implementation of product catalogues under key state supervision. Undertake national supervision and random inspection, risk monitoring and classified supervision and management of product quality. Guide and coordinate industrial, local and professional supervision of product quality. Undertake the production license management of industrial products and the quality and safety supervision and management of food related products. To supervise the quality of cotton and other fibers.
(15) Food Safety Coordination Department. Formulate and implement major policies and measures to promote food safety strategy. Undertake the overall coordination of major issues in the whole process of food supervision, and promote and improve the cross regional and cross departmental coordination and linkage mechanism of food safety. To undertake the daily work of the Food Safety Committee of the State Council.
(16) Food Production Safety Supervision and Management Department. Analyze and master the food safety situation in the production field, formulate and organize the implementation of the system measures for food production supervision and management and food producers to implement the main responsibility. Organize the supervision and management of salt production quality and safety. Organize the supervision and inspection of food production enterprises and investigate and deal with relevant major violations. Guide enterprises to establish and improve food safety traceability system.
(17) Department of Food Operation Safety Supervision and Management. Analyze and grasp the food safety situation in the field of circulation and catering services, formulate the system and measures for the supervision and management of food circulation, catering services, market sales of edible agricultural products and the implementation of the main responsibilities of food operators, organize the implementation and guide the implementation of supervision and inspection. Organize the supervision and management of the quality and safety of salt operation. Organize and implement food quality and safety improvement actions. To guide food safety assurance for major events. Organize the investigation and punishment of relevant major violations.
(18) Department of Special Food Safety Supervision and Management. Analyze and master the safety situation of health food, formula food for special medical purposes, infant formula milk powder and other special food fields, formulate and organize the implementation of system measures for registration, filing, supervision and management of special food. Organize the investigation and punishment of relevant major violations.
(19) Food Safety Sampling Inspection and Monitoring Department. Formulate and organize the implementation of the national food safety supervision and sampling plan, and regularly publish relevant information. Urge and guide the inspection, disposal and recall of unqualified food. Organize and carry out food safety evaluation sampling inspection, risk early warning and risk communication. Participate in the formulation of food safety standards and food safety risk monitoring plans, undertake risk monitoring work, and organize the investigation of potential risks.
(20) Special Equipment Safety Supervision Bureau. Prepare special equipment catalogue and safety technical specifications. Supervise and inspect the production, operation, use, inspection and testing, import and export of special equipment, as well as the implementation of energy-saving standards for high energy consumption special equipment and boiler environmental protection standards. Organize the investigation and handling of special equipment accidents and conduct statistical analysis according to the specified authority. Investigate and deal with relevant major violations. Supervise and manage special equipment inspection and testing institutions, inspection and testing personnel and operators. Promote the research and application of special equipment safety technology.
(21) Measurement Division. To be responsible for the management of national standards of measurement, standards of measurement, reference materials of measurement and measuring instruments, and to organize the traceability of measurement value transmission and measurement comparison. Undertake the establishment and implementation of the national metrological technical specification system. Undertake the supervision and management of commodity volume, market measurement behavior, measurement arbitration and verification, and measurement technology institutions and personnel. Standardize the use of measurement data.
(22) Standards Technology Management Division. To formulate standardization strategies, plans, policies and management systems and organize their implementation. Undertake the work related to mandatory national standards, recommended national standards (including standard samples) and international benchmarking. Assist in organizing the investigation and punishment of major violations of mandatory national standards. To undertake the management of the National Technical Committee for Professional Standardization.
(23) Division of Standards Innovation Management. Undertake the work related to industrial standards, local standards, group standards, enterprise standards and organizations' participation in the development of international standards. Undertake the work related to the unified social credit code of legal persons and other organizations nationwide. Manage barcode work. The organization participates in the activities of the International Organization for Standardization, the International Electrotechnical Commission and other international or regional standardization organizations.
(24) Certification Supervision and Management Department. To formulate and implement the certification and conformity assessment supervision and management system. To plan and guide the development of the certification industry and assist in the investigation and treatment of certification violations. The organization participates in the activities of international or regional organizations for certification and conformity assessment.
(25) Department of Accreditation, Inspection and Testing Supervision and Management. Formulate and implement the accreditation, inspection and testing supervision and management system. Organize and coordinate the integration and reform of inspection and testing resources, plan and guide the development of the inspection and testing industry, and assist in the investigation and treatment of illegal acts of recognition and inspection and testing. Organize and participate in the activities of international or regional organizations for accreditation, inspection and testing.
(26) Information and Publicity Division. To formulate the information release system for market supervision and management, and undertake the management of news publicity and news release. Organize market supervision and management of public opinion monitoring, analysis and coordination of disposal. Coordinate and organize major publicity activities.
(27) Division of Science, Technology and Finance. Draw up and implement relevant science and technology development plans and technology institution construction plans, put forward major science and technology needs such as national quality infrastructure, and undertake relevant scientific research, technology introduction, and achievement application. Undertake the budget and final accounts, financial audit, state-owned assets, capital construction and various funds, special funds and clothing management of organs and directly affiliated units. To guide the equipment allocation of the market supervision and management system.
(28) Personnel Department. To undertake the work of cadres, personnel, organizational structure, labor wages and education of the organs and directly affiliated units. To guide the construction of relevant talent teams and the standardization of grass-roots construction.
(29) Department of International Cooperation (Hong Kong, Macao and Taiwan Office). Undertake international exchanges and cooperation in market supervision and management, and exchange and cooperation related to Hong Kong, Macao and Taiwan. To undertake the signing and implementation of relevant international cooperation agreements, agreements and protocols. To undertake work related to technical trade measures. To undertake the foreign affairs work of the organ and directly affiliated units.
Party committee of the organ. To be responsible for the Party masses work of the organs and units directly under Beijing.
Office for Retired Cadres. To be responsible for the work of retired cadres and guide the work of retired cadres of directly affiliated units.