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Law of the People's Republic of China on Standardization (formally implemented on January 1, 2018)

(Summary description)(Adopted at the Fifth Meeting of the Standing Committee of the Seventh National People's Congress on December 29, 1988, as amended by the Thirtieth Meeting of the Standing Committee of the Twelfth National People's Congress on November 4, 2017)

Law of the People's Republic of China on Standardization (formally implemented on January 1, 2018)

(Summary description)(Adopted at the Fifth Meeting of the Standing Committee of the Seventh National People's Congress on December 29, 1988, as amended by the Thirtieth Meeting of the Standing Committee of the Twelfth National People's Congress on November 4, 2017)

Information
  (Adopted at the Fifth Meeting of the Standing Committee of the Seventh National People's Congress on December 29, 1988, as amended by the Thirtieth Meeting of the Standing Committee of the Twelfth National People's Congress on November 4, 2017) 
  Table of Contents
  Chapter 1 General
  Chapter II Formulation of Standards
  Chapter III Implementation of Standards
  Chapter 4 Supervision and Management
  Chapter Five Legal Liability
  Chapter VI Supplementary Provisions
  Chapter 1 General
  Article 1 This Law is enacted in order to strengthen standardization work, improve the quality of products and services, promote scientific and technological progress, safeguard personal health and safety of life and property, safeguard national security, ecological environment security, and improve the level of economic and social development.
  Article 2 The standards (including standard samples) referred to in this Law 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, industry standards, local standards and corporate standards, and enterprise standards. National standards are divided into mandatory standards, recommended standards, and industry 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 should incorporate standardization work into their national economic and social development plans, and include standardization work funds into their budgets.
  Article 4 The formulation of standards shall be based on scientific and technological research results and social practical experience, in-depth investigation and demonstration, and extensive consultations, so as to ensure the scientificity, standardization, and timeliness of standards and improve the quality of standards.
  Article 5 The standardization administration department of the State Council manages national standardization work in a unified manner. The relevant administrative department of the State Council manages the standardization work of this department and industry in a division of labor.
  The competent administrative department for standardization under the local people's government at or above the county level shall uniformly manage the standardization work within its administrative area. Relevant administrative departments of local people's governments at or above the county level manage the standardization of their own departments and industries within their respective administrative divisions.
  Article 6 The State Council establishes a standardization coordination mechanism to coordinate and advance major reforms in standardization, study major policies on standardization, and coordinate the formulation and implementation of cross-sectoral, cross-domain, and major disputed standards.
  The local people's governments at or above the city level in the established districts may establish a standardization coordination mechanism according to the needs of the work, and coordinate and coordinate major matters concerning standardization work within their own administrative areas.
  Article 7 The State encourages enterprises, social groups, education and research institutions to carry out or participate in standardization work.
  Article 8 The state actively promotes participation in international standardization activities, carries out standardized foreign cooperation and exchanges, participates in the formulation of international standards, adopts international standards in accordance with national conditions, and promotes the conversion and use of Chinese standards and foreign standards.
  The state encourages enterprises, social groups and educational and scientific research institutions to participate in international standardization activities.
  Article 9 Units and individuals who have made outstanding achievements in standardization work shall be commended and rewarded in accordance with relevant state regulations.
  Chapter II Formulation of Standards
  Article 10 Mandatory national standards shall be formulated for the technical requirements to ensure personal health, life and property safety, national security, ecological environment security, and to meet the basic needs of economic and social management.
  有关 The relevant administrative department of the State Council is responsible for the submission, organization, drafting, opinions and technical review of mandatory national standards according to their duties. The standardization administrative department of the State Council is responsible for the establishment, numbering, and notification of mandatory national standards. The department in charge of standardization administration under the State Council shall conduct a project review on whether the proposed mandatory national standard complies with the provisions of the preceding paragraph, and a project that meets the requirements of the preceding paragraph.
  The competent administrative department for standardization of the people's governments of the provinces, autonomous regions, and municipalities directly under the Central Government may submit proposals for the establishment of mandatory national standards to the competent administrative department for standardization of the State Council, which shall be decided by the competent administrative department for standardization of the State Council together with the relevant administrative department of the State Council. Social organizations, enterprises, institutions and citizens may submit to the State Council ’s standardization administrative department a proposal for the establishment of a mandatory national standard. If the State Council ’s standardization administrative department deems it necessary to establish a project, it shall decide with the relevant administrative department of the State Council.
  Mandatory national standards are approved or issued by the State Council.
  Where laws, administrative regulations and decisions of the State Council provide otherwise for the formulation of compulsory standards, such provisions shall prevail.
  Article 11 Recommended technical standards may be formulated to meet the technical requirements such as basic basics, matching with mandatory national standards, and leading roles in relevant industries.
  Recommended national standards are formulated by the standardization administrative department of the State Council.
  Article 12 Industry standards may be formulated for technical requirements that do not have recommended national standards and need to be unified within a certain industry across the country.
  Industry standards are formulated by the relevant administrative department of the State Council and reported to the standardization administrative department of the State Council for the record.
  十三 Article 13 In order to meet special technical requirements such as local natural conditions and customs, local standards may be formulated.
  Local standards are formulated by the standardization administrative department of the people's government of a province, autonomous region, or municipality; the standardization administrative department of a city-level people's government with districts is approved by the standardization administrative department of the local government of the province, autonomous region, or municipality according to the special needs of the administrative region. Local standards can be established in the administrative area. Local standards shall be reported by the standardization administrative department of the people ’s government of the province, autonomous region, or municipality directly under the Central Government to the standardization administrative department of the State Council for record, and the standardization administrative department of the State Council shall notify the relevant administrative department of the State Council.
  Article 14 For the standard items that are urgently needed to ensure personal health and life and property safety, national security, ecological environment security, and economic and social development, the administrative department in charge of setting standards shall give priority to the project and complete it in a timely manner.
  Article 15 When formulating compulsory standards and recommending standards, the actual needs of relevant administrative departments, enterprises, social organizations, consumers and education, scientific research institutions, etc. should be investigated during project establishment, and the necessity of formulating standards, Feasibility assessment and evaluation; in the formulation process, in accordance with the principle of convenience and effectiveness, a variety of methods should be used to solicit opinions, organize investigation, analysis, experiment, and demonstration of standards-related matters, and achieve coordination and coordination between relevant standards.
  Article 16 To formulate a recommendation standard, a standardization technical committee composed of related parties shall be organized to undertake the drafting and technical review of the standard. When formulating a compulsory standard, the relevant standardization technical committee can be entrusted to undertake the drafting and technical review of the standard. Where a standardization technical committee has not been formed, an expert group shall be established to undertake the drafting and technical review of relevant standards. The composition of standardization technical committees and expert groups should be broadly representative.
  Article 17 The text of the compulsory standard shall be freely available to the public. The state promotes free publication of recommended standard texts to society.
  Article 18 The State encourages social organizations such as societies, associations, chambers of commerce, federations, industrial technology alliances, etc. to coordinate relevant market entities to jointly formulate group standards to meet market and innovation needs, which members of the group agree to adopt or provide for voluntary participation by society in accordance with the rules of the group use.
  The formulation of group standards should follow the principles of openness, transparency, and fairness, ensure that all participating entities have access to relevant information, and reflect the common needs of each participating entity, and they should organize investigations, analysis, experiments, and demonstrations of standards-related matters.
  The standardization administrative department of the State Council, in conjunction with the relevant administrative department of the State Council, regulates, guides and supervises the formulation of group standards.
  Article 19 An enterprise may formulate enterprise standards on its own, or jointly develop enterprise standards with other enterprises.
  Article 20 The State supports the use of independent innovation technologies to formulate corporate standards and enterprise standards in important industries, strategic emerging industries, and key common technologies.
  Article 21 The technical requirements of the recommended national standards, industry standards, local standards, corporate standards, and enterprise standards shall not be lower than those of the mandatory national standards.
  The state encourages social groups and enterprises to formulate group standards and enterprise standards that are higher than the relevant technical requirements of the recommended standards.
  Article 22 The establishment of standards shall be conducive to the scientific and rational use of resources, the promotion of scientific and technological achievements, the enhancement of product safety, versatility, and replaceability, and the improvement of economic, social, and ecological benefits, so as to be technologically advanced and economical. Reasonable.
  It is forbidden to use the standard to impede the free circulation of goods and services, and to exclude or restrict market competition.
  Article 23 The state promotes standardization of military-civilian integration and resource sharing, raises the level of generalization of military-civilian standards, actively promotes the use of advanced and applicable civil standards in national defense and military construction, and converts advanced and applicable military standards into civilian standards.
  Article 24 Standards shall be numbered in accordance with the numbering rules. Standard numbering rules are formulated and announced by the standardization administrative department of the State Council.
  Chapter III Implementation of Standards
  Article 25 Products and services that do not meet the mandatory standards shall 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 disclosure and supervision of group standards and enterprise standards. An enterprise shall disclose the numbers and names of the mandatory standards, recommended standards, group standards, or enterprise standards that it implements; if it 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 disclosed to the public through a standard information public service platform.
  An enterprise shall organize its production and operation activities in accordance with standards, and the products and services it provides shall meet the technical requirements of open standards for enterprises.
  Article 28 An enterprise developing new products, improving products, and carrying out technological transformation shall meet the standardization requirements specified in this Law.
  Article 29 The state establishes a statistical analysis and reporting system for the implementation of mandatory standards.
  The standardization administrative department of the State Council, the relevant administrative department of the State Council, and the standardization administrative department of the local people's government at or above the district level shall establish a mechanism for feedback and evaluation of standards implementation information, and review the standards they have formulated based on the feedback and evaluation. The standard review cycle generally does not exceed five years. After review, 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 State Council's competent administrative department for standardization according to the standards' implementation of information feedback, evaluation, and review, and if the relevant standards overlap or are not connected with each other, they should deal with the relevant administrative department of the State Council or through the State Council's standardization coordination mechanism.
  Article 31 The people's governments at or above the county level shall support the implementation of standardization pilot demonstrations and publicity work, disseminate standardization ideas, promote standardization experience, and promote the use of standardization methods in the entire society to organize production, operation, management, and service, and use standards to promote transformation and upgrading. Support the innovation-driven support role.
  Chapter 4 Supervision and Management
  Article 32 The standardization administrative department of the people's government at or above the county level and relevant administrative departments shall guide and supervise the formulation of standards and supervise and inspect the implementation of standards in accordance with statutory duties.
  Article 33 If any dispute arises during the formulation and implementation of standards by the relevant administrative department of the State Council, the standardization administrative department of the State Council shall organize consultations; if the negotiation fails, the standardization coordination mechanism of the State Council shall resolve the dispute.
  Article 34 If the competent administrative department of the State Council or the standardization administrative department of a local people's government at or above the district level fails to number, review or record the standards in accordance with the provisions of this Law, the standardization administrative department of the State Council shall require it to explain the situation. And correct within a time limit.
  Article 35 Any unit or individual has the right to report or complain to the standardization administrative department or relevant administrative department in violation of the provisions of this Law.
  The standardization administrative department and the relevant administrative department shall open to the public the telephone number, email address, or email address of reports and complaints, and arrange personnel to accept reports and complaints. For the real-name whistleblower or complainant, the administrative department that accepts the report or complaint shall notify the result of the processing, keep the whistleblower confidential, and reward the whistleblower in accordance with relevant state regulations.
  Chapter Five Legal Liability
  Article 36 Anyone who produces, sells, imports products or provides services that do not meet mandatory standards, or the products and services provided by an enterprise do not meet the technical requirements of its open standards, shall bear civil liability in accordance with law.
  Article 37 If the production, sale, import of products, or provision of services does not meet the mandatory standards, it shall be in accordance with the “Product Quality Law of the People ’s Republic of China”, “The Import and Export Commodity Inspection Law of the People ’s Republic of China”, and “the protection of consumer rights and interests of the People ’s Republic of China” Law, and other laws and administrative regulations shall be investigated and punished, recorded in credit records, and publicized in accordance with the relevant laws and administrative regulations; if a crime is constituted, criminal responsibility shall be investigated in accordance with the law.
  Article 38 If an enterprise fails to disclose the standards it implements in accordance with the provisions of this Law, the standardization administrative department shall order correction 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 The standards set by the relevant administrative department of the State Council and the standardization administrative department of the local people's government at or above the district level do not conform to the provisions of Article 21, paragraph 1, and Article 22, paragraph 1 of this Law. Shall be corrected in a timely manner; if the refusal is not made, the standardization administrative department of the State Council shall announce the abolition of the relevant standards; the leaders and persons directly responsible shall be punished according to law.
  If the standards formulated by social organizations and enterprises do not meet the requirements of Article 21, Paragraph 1 and Article 22, Paragraph 1 of this Law, the standardization administrative department shall order correction within a time limit; if the standards are not corrected within the time limit, the people above the provincial level The government standardization administrative department abolished the relevant standards and publicized them on the standard information public service platform.
  Any violation of Article 22, Paragraph 2 of this Law and the use of standards to exclude or restrict market competition shall be handled in accordance with the laws and administrative regulations of the Anti-Monopoly Law of the People's Republic of China.
  Article 40 Where the competent administrative department of the State Council or the administrative department for standardization of the local people's government at or above the district level fails to number or record the standards 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 standardization administrative department of the State Council shall revoke the relevant standard numbers or announce the abolition of undocumented standards; the leaders and directly responsible persons shall be punished according to law.
  Where the competent administrative department of the State Council or the standardization administrative department of a local people's government at or above the city level has not reviewed the standards it has formulated in accordance with the provisions of this Law, and has not corrected them in accordance with the provisions of Article 34 of this Law, Responsible leaders and directly responsible persons shall be punished according to law.
  Article 41 The competent department of standardization administration under the State Council has failed to establish a project for the establishment of a compulsory national standard in accordance with the provisions of paragraph 2 of Article 10 of this Law. Article 12 (1) stipulates that if the standards are not numbered, reviewed or filed in accordance with the provisions of this Law, they shall be corrected in a timely manner; leaders and persons directly responsible may be punished according to law.
  Article 42 If a social group or enterprise fails to number group standards or enterprise standards in accordance with the provisions of this Law, the standardization administrative department shall order correction within a time limit;
 

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