Standardization Law of the People's Republic of China
2019-11-29Source: China National People's Congress WebsiteHits:
catalog general provisions Chapter II Formulation of Standards Chapter III Implementation of Standards Chapter IV Supervision and Management Chapter V Legal Liability Chapter VI Supplementary Provisions general provisions Article 1 This Law is formulated with a view to strengthening standardization, improving the quality of products and services, promoting scientific and technological progress, ensuring the safety of human health and life and property, safeguarding national security and ecological environment security, and improving the level of economic and social development. Article 2 For the purposes of this Law, standards (including standard samples) refer 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 and group standards, and enterprise standards.National standards are divided into mandatory standards and recommendatory standards. Industrial standards and local standards are recommendatory standards. Mandatory standards must be implemented.The State encourages the adoption of recommended standards. Article 3 The task of standardization is to formulate standards, organize their implementation and supervise their formulation and implementation. The people's governments at or above the county level shall incorporate the work of standardization into their national economic and social development plans and incorporate the funds for standardization into their budgets. Article 4 The formulation of standards shall be based on scientific and technological research achievements and social practical experience, in-depth investigation and demonstration, extensive solicitation of opinions, ensuring the scientificity, normalization and timeliness of standards, and improving the quality of standards. Article 5 The administrative department for standardization under the State Council shall be responsible for 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 trades. The administrative departments for 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 competent 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 trades within their respective administrative areas. Article 6 The State Council shall establish a standardization coordination mechanism, make overall plans to promote major reforms in standardization, study major policies on standardization, and coordinate the formulation and implementation of standards that cross departments, cross fields, and have major disputes. The local people's government at or above the level of a city divided into districts may, according to work needs, establish a standardization coordination mechanism to coordinate major issues of standardization work in its own administrative area. Article 7 The State encourages enterprises, social organizations, educational and scientific research institutions, etc. to carry out or participate in standardization work. Article 8 The State actively promotes participation in international standardization activities, carries out standardization cooperation and exchanges with foreign countries, participates in the formulation of international standards, adopts international standards in the light of national conditions, and promotes the transformation and application of Chinese standards and foreign standards. The State encourages enterprises, social organizations and educational and scientific research institutions to participate in international standardization activities. Article 9 Units and individuals that have made outstanding achievements in standardization work shall be commended and rewarded in accordance with the relevant provisions of the State. Chapter II Formulation of Standards Article 10 Compulsory national standards shall be formulated for the technical requirements to ensure human health, life and property safety, national security, ecological environment safety and meet the basic needs of economic and social management. The relevant competent administrative departments under the State Council shall, in accordance with their functions and responsibilities, 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 initiation, numbering and external notification of mandatory national standards.The administrative department for standardization under the State Council shall examine whether the compulsory national standards to be formulated conform to the provisions of the preceding paragraph, and set up projects that conform to 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 make 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 make proposals to the standardization administration department under the State Council for the establishment of compulsory national standards. If the standardization administration department under the State Council deems it necessary to establish a project, it shall make a decision in conjunction with the relevant administrative departments under the State Council. Compulsory national standards shall be approved and issued by the State Council or authorized to be approved and issued. Where laws, administrative regulations and decisions of the State Council provide otherwise for the formulation of compulsory standards, such provisions shall prevail. Article 11 Recommending national standards may be formulated for technical requirements that meet the needs of basic universality, matching with mandatory national standards, and playing a leading role in all relevant industries. Recommended national standards shall be formulated by the standardization administration department under the State Council. Article 12 Industrial standards may be formulated for technical requirements that need to be unified within a certain industry nationwide in the absence of recommendatory national standards. Industrial standards shall be formulated by the relevant administrative departments under the State Council and reported to the standardization administrative department under the State Council for the record. Article 13 Local standards may be formulated to meet special technical requirements such as local natural conditions, customs and habits. Local standards shall be formulated by the standardization administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government;The standardization administrative department of the people's government of a city divided into districts may, according to the special needs of its own administrative region, and with the approval of the standardization administrative department of the people's government of the province, autonomous region, or municipality directly under the Central Government where it is located, formulate local standards for its own administrative region.Local standards shall be reported by the standardization administration departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government to the standardization administration department under the State Council for the record, and the standardization administration department under the State Council shall notify the relevant administrative departments under the State Council. Article 14 The administrative department in charge of formulating standards shall give priority to the establishment and timely completion of standard projects that are urgently needed to ensure human health, life and property safety, national security, ecological environment security and economic and social development. Article 15 When formulating compulsory standards and recommendatory standards, the actual needs of the relevant administrative departments, enterprises, social organizations, consumers, education and scientific research institutions, etc., 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 a variety of ways in accordance with the principle of convenience and effectiveness, and investigation, analysis, experiment and demonstration of relevant matters of standards shall be organized, and coordination and matching between relevant standards shall be achieved. Article 16 In formulating recommendatory standards, a standardization technical committee composed of interested parties shall be organized to undertake the drafting and technical examination of standards.When formulating mandatory standards, relevant standardization technical committees may be entrusted with 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 the standardization technical committee and the expert group shall be broadly representative. Article 17 The text of compulsory standards shall be made public free of charge.The state promotes free publication 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 with 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 should 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 matters related to standards. The administrative department for standardization under the State Council shall, together with the relevant administrative departments under the State Council, regulate, guide and supervise the formulation of group standards. Article 19 Enterprises may formulate enterprise standards on their own or jointly with other enterprises according to their needs. 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 that are 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 enhancement of the safety, versatility and substitutability of products, the improvement of economic, social and ecological benefits, and the achievement of advanced technology and reasonable economy. It is prohibited to use standards to implement acts that impede the free circulation of goods and services and eliminate or restrict market competition. Article 23 The State promotes standardized civil military integration and resource sharing, improves the level of universality of civil military standards, actively promotes the adoption of advanced and applicable civil standards in national defense and military construction, and converts advanced and applicable military standards into civil standards. Article 24 Standards shall be numbered according to numbering rules.The numbering rules of standards shall be formulated and promulgated by the standardization administration department under the State Council. Chapter III Implementation of Standards Article 25 Products and services that do not meet 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 contract. Article 27 The State implements a system of self declaration and supervision of group standards and enterprise standards.An enterprise shall disclose the number and name of the mandatory standards, recommendatory standards, group standards or enterprise standards it implements;Where an enterprise implements its own enterprise standards, it shall also disclose the functional indicators of its products and services and the performance indicators of its products.The State encourages group standards and enterprise standards to be disclosed to the public through the standard information public service platform. Enterprises shall organize production and business activities in accordance with standards, and the products they produce and services they provide shall meet the technical requirements of the standards disclosed by enterprises. Article 28 Enterprises that develop new products, improve products and carry out technological transformation shall meet the standardization requirements prescribed in this Law. Article 29 The State establishes a system of statistical analysis and reporting on the implementation of mandatory standards. The administrative department for standardization under the State Council, the relevant administrative departments under the State Council, and the administrative departments for standardization under the local people's governments at or above the level of cities divided into districts shall establish a mechanism for feedback and evaluation of information on the implementation of standards, and review the standards they have formulated according to the feedback and evaluation.The review cycle of the standard is generally not more than 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 a timely manner. Article 30 The standardization administrative department under the State Council shall, according to the feedback, evaluation and review of the information on the implementation of standards, deal with the overlapping or non linking and matching of relevant standards together with the relevant administrative departments under the State Council or through the standardization coordination mechanism under the State Council. Article 31 People's governments at or above the county level shall support the development of standardization pilot demonstration and publicity, disseminate standardization concepts, promote standardization experience, promote the whole society to organize production, operation, management and services in a standardized manner, and give play to the supporting role of standards in promoting transformation and upgrading and leading innovation drive. Chapter IV Supervision and Management Article 32 The standardization administrative departments and the relevant competent 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 administrative departments under the State Council in the process of formulating and implementing standards, the standardization administrative department under the State Council shall organize consultations;If no agreement can be reached through consultation, it shall be settled 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 them 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 or the relevant administrative department about acts in violation of the provisions of this Law. The standardization administrative departments and relevant administrative departments shall disclose 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 competent administrative departments accepting the reports and complaints shall inform them of the handling results, keep secrets for the informants, and give rewards to the informants in accordance with the relevant provisions of the State. Chapter V Legal Liability Article 36 If the production, sale or import of products or the provision of services do not meet mandatory standards, or the products and services produced or provided by an enterprise do not meet the technical requirements of its published standards, it shall bear civil liability according to law. Article 37 Those who produce, sell, import products or provide services that do not meet mandatory standards shall be investigated and dealt with in accordance with the Product Quality Law of the People's Republic of China, 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 Consumer Rights and Interests, and other laws and administrative regulations, and recorded in the credit records, and shall be subject to relevant lawsThe provisions of administrative regulations shall be publicized;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 standardization administrative department shall order it to make corrections within a time limit;If it fails to correct within the time limit, it shall be publicized on the standard information public service platform. Article 39 Where the standards formulated by 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 do not conform to the provisions of the first paragraph of Article 21 and the first paragraph of Article 22 of this Law, they shall be corrected in a timely manner;If it refuses to make corrections, the standardization administration department under the State Council shall announce the abolition of the relevant standards;The responsible leaders and directly responsible persons shall be given sanctions according to law. If the standards formulated by social organizations and enterprises do not conform to the provisions of the first paragraph of Article 21 and the first paragraph of Article 22 of this Law, the standardization administrative department shall order them to make corrections within a time limit;If it fails to correct within the time limit, the standardization administrative department of the people's government at or above the provincial level shall revoke 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 by using 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 put on 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 number of the relevant standards or announce the abolition of the standards that have not been put on record;The responsible leaders and directly responsible persons shall be given sanctions according to law. If the relevant competent 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 review the standards they have formulated in accordance with the provisions of this Law, or fails to make corrections in accordance with the provisions of Article 34 of this Law, the leading persons who are responsible and the persons who are directly responsible shall be given sanctions according to law. Article 41 Where the administrative department for standardization under the State Council fails to establish projects for the formulation of compulsory national standards in accordance with the provisions of the second paragraph of Article 10 of this Law, the standards formulated do not comply with the provisions of the first paragraph of Article 21 and the first paragraph of Article 22 of this Law, or the standards are not numbered, reviewed or put on record in accordance with the provisions of this Law, they shall be corrected in a timely manner;The leaders who are responsible and the persons who are directly responsible may be given sanctions according to law. Article 42 Where a social organization or enterprise fails to number its standards or enterprise standards in accordance with the provisions of this Law, the standardization administrative department shall order it to make corrections within a time limit;If it fails to correct within the time limit, the standardization administrative department of the people's government at or above the provincial level shall revoke the relevant standard number and publicize it on the standard information public service platform. Article 43 Any supervisor or manager of standardization who abuses his power, neglects his duty or engages in malpractices for personal gain shall be punished according to law;If a crime is constituted, criminal responsibility shall be investigated according to law. Chapter VI Supplementary Provisions Article 44 Measures for the formulation, implementation and supervision of military standards shall be formulated separately by the State Council and the Central Military Commission. Article 45 This Law shall come into force as of January 1, 2018.