Xinhua News Agency, Beijing, November 4th

Standardization Law of the China

(Adopted at the 5th Meeting of the Standing Committee of the 7th National People's Congress on December 29, 1988 and revised at the 30th Meeting of the Standing Committee of the 12th National People's Congress on November 4, 2017)

catalogue

general provisions

Chapter 2 Formulation of Standards

Chapter 3 Implementation of Standards

Chapter 4 Supervision and Management

Chapter 5 Legal Liability

Chapter 6 Supplementary Provisions

general provisions

Article 1: In order to strengthen standardization work, improve the quality of products and services, promote scientific and technological progress, ensure personal health and safety of life and property, maintain national security and ecological environment safety, and improve the level of economic and social development, this Law is formulated.

Article 2 The standards (including standard samples) referred to in this Law refer to the technical requirements that need to be unified in fields such as agriculture, industry, service industry, and social undertakings.

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

People's governments at or above the county level shall incorporate standardization work into their national economic and social development plans, and include standardization work funds in their respective 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 standardization administrative department of the State Council shall uniformly manage the standardization work throughout the country. The relevant administrative departments of the State Council shall be responsible for managing the standardization work of their respective departments and industries.

The standardization administrative departments of local people's governments at or above the county level shall uniformly manage the standardization work within their respective administrative regions. The relevant administrative departments of local people's governments at or above the county level shall be responsible for the standardization work of their respective departments and industries within their respective administrative regions.

Article 6: The State Council shall establish a standardization coordination mechanism, coordinate the promotion of major standardization reforms, study major standardization policies, and coordinate the formulation and implementation of cross departmental, cross disciplinary, and controversial standards.

Local people's governments at or above the city level with districts may establish standardization coordination mechanisms according to work needs, and coordinate major standardization work matters within their respective administrative regions.

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, conducts standardization cooperation and exchanges with foreign countries, participates in the formulation of international standards, adopts international standards based on national conditions, and promotes the conversion and application of Chinese standards and foreign standards.

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

Article 9: Units and individuals who have made significant achievements in standardization work shall be commended and rewarded in accordance with relevant national regulations.

Chapter 2 Formulation of Standards

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

The relevant administrative departments of the State Council are responsible for proposing, organizing drafting, soliciting opinions, and conducting technical reviews of mandatory national standards based on their responsibilities. The standardization administrative department of the State Council is responsible for the establishment, numbering, and external notification of mandatory national standards. The administrative department in charge of standardization under the State Council shall conduct a project approval review on whether the mandatory national standards to be formulated comply with the provisions of the preceding paragraph, and approve projects that comply with the provisions of the preceding paragraph.

The standardization administrative departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may propose proposals for the establishment of mandatory national standards to the standardization administrative department of the State Council, which shall decide jointly with the relevant administrative departments of the State Council. Social organizations, enterprises, institutions, and citizens may submit proposals for the establishment of mandatory national standards to the standardization administrative department of the State Council. If the standardization administrative department of the State Council deems it necessary to establish a project, it shall make a decision in conjunction with the relevant administrative departments of the State Council.

Compulsory national standards shall be approved or authorized for publication by the State Council.

If there are other provisions in laws, administrative regulations, and decisions of the State Council regarding the formulation of mandatory standards, such provisions shall prevail.

Article 11: Recommended national standards may be formulated for technical requirements that meet the needs of basic universality, matching mandatory national standards, and playing a leading role in various related industries.

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

Article 12: For technical requirements that do not have recommended national standards and need to be unified within a certain industry nationwide, industry standards may be formulated.

Industry standards are formulated by the relevant administrative departments of the State Council and reported to the standardization administrative department of the State Council for record keeping.

Article 13: In order to meet special technical requirements such as local natural conditions and customs, local standards may be formulated.

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, based on the special needs of its 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 administrative region. Local standards shall be submitted by the standardization administrative department of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government to the standardization administrative department of the State Council for filing, and shall be notified by the standardization administrative department of the State Council to the relevant administrative departments of the State Council.

Article 14: For standard projects urgently needed to ensure personal health, life and property safety, national security, ecological environment safety, and economic and social development, the administrative department in charge of formulating standards shall prioritize the establishment of projects and complete them in a timely manner.

Article 15: When formulating mandatory and recommended standards, investigations shall be conducted on the actual needs of relevant administrative departments, enterprises, social organizations, consumers, education, research institutions, and other aspects at the time of project approval, and the necessity and feasibility of formulating standards shall be demonstrated and evaluated; In the process of formulation, opinions should be solicited through various methods in accordance with the principle of convenience and effectiveness, and investigation, analysis, experimentation, and argumentation of standard related matters should be organized, and coordination and matching between relevant standards should be achieved.

Article 16: In formulating recommended standards, a standardization technical committee composed of relevant parties shall be organized to undertake the drafting and technical review of the standards. To formulate mandatory standards, relevant standardization technical committees can be entrusted to undertake the drafting and technical review of standards. If 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 the standardization technical committee and expert group should be widely representative.

Article 17: The mandatory standard text shall be made publicly available free of charge. The state promotes the free disclosure of recommended standard texts to society.

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 to meet the needs of 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 adhere to the principles of openness, transparency, and fairness, ensuring that all participating entities obtain relevant information, reflecting the common needs of all participating entities, and organizing investigations, analyses, experiments, and demonstrations on standards related matters.

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

Article 19 Enterprises may formulate their own enterprise standards as needed, or jointly formulate enterprise standards with other enterprises.

Article 20: The state supports the use of independent innovation technology to formulate group and enterprise standards in important industries, strategic emerging industries, key common technologies, and other fields.

Article Twenty-One Demands 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 develop group standards and enterprise standards that exceed the technical requirements of recommended standards.

Article 22: The formulation of standards shall be conducive to the scientific and rational utilization of resources, the promotion of scientific and technological achievements, the enhancement of product safety, universality, and substitutability, 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 impede the free circulation of goods and services and eliminate or restrict market competition.

Article 23 The State promotes standardized Military-civil fusion and resource sharing, improves the generalization level 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 for standards shall be formulated and announced by the standardization administrative department of the State Council.

Chapter 3 Implementation of Standards

Article 25: Products and services that do not meet mandatory standards shall not be produced, sold, imported or provided.

Article 26: The technical requirements for exported products and services shall be executed in accordance with the provisions of the contract.

Article 27: The state implements a system of self disclosure and supervision of group standards and enterprise standards. Enterprises should disclose the numbers and names of mandatory standards, recommended standards, group standards, or enterprise standards they implement; Enterprises that implement their own enterprise standards should also disclose the functional indicators and performance indicators of products and services. The state encourages group standards and enterprise standards to be made public to society through standard information public service platforms.

An enterprise shall organize its production and business activities in accordance with Standards organization, and the products it produces and services it provides shall meet the technical requirements of the enterprise's open standards.

Article 28 Enterprises that develop new products, improve products, and carry out technological transformation shall comply with the standardization requirements stipulated in this Law.

Article 29: The state shall establish a system for statistical analysis and reporting on the implementation of mandatory standards.

The standardization administrative department of the State Council and relevant administrative departments of the State Council, as well as the standardization administrative departments of local people's governments at or above the city level divided into districts, shall establish a mechanism for feedback and evaluation of standard implementation information, and review the standards formulated by them based on the feedback and evaluation results. 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 should be promptly revised or abolished.

Article 30: The administrative department in charge of standardization under the State Council shall, based on the feedback, evaluation, and review of standard implementation information, handle the overlapping or non matching of relevant standards in conjunction with the relevant administrative departments of 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 implementation of standardization pilot demonstration and publicity work, disseminate standardization concepts, promote standardization experiences, promote the use of standardized methods in the organization of production, operation, management, and services throughout society, and play the supporting role of standards in promoting transformation and upgrading, leading innovation driven.

Chapter 4 Supervision and Management

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

Article 33: If disputes arise between the relevant administrative departments of the State Council during the process of formulating and implementing standards, the standardization administrative department of the State Council shall organize consultations; If consultation fails, it shall be resolved by the standardization coordination mechanism of the State Council.

Article 34: If the relevant administrative departments of the State Council or the standardization administrative departments of local people's governments at or above the level of cities divided into districts fail 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 them to explain the situation and make corrections 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 about any behavior that violates the provisions of this Law.

The standardization administrative authorities and relevant administrative authorities shall publicly disclose the phone number, email address, or email address for accepting reports and complaints to the public, and arrange personnel to accept reports and complaints. For real name whistleblowers or complainants, the administrative competent department that accepts the reports or complaints shall inform them of the resolution of the matter

Chapter 5 Legal Liability

Article 36: If the production, sale, import of products or provision of services do not meet mandatory standards, or if the products or services produced or provided by an enterprise do not meet the technical requirements of its public standards, it shall bear civil liability in accordance with the 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 China, the Law of the China on Import and Export Commodity Inspection, the Law of the China on the Protection of Consumer 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 pursued 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 it to make corrections within a specified period of time; Those who fail to make corrections within the deadline shall be publicly announced 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; Those who refuse to make corrections shall be announced by the standardization administrative department of the State Council to abolish the relevant standards; Punish responsible leaders and directly responsible personnel in accordance with the law.

If the standards formulated by social organizations and enterprises do not conform to the provisions of the first paragraph of Article Twenty-One Demands 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 the relevant standards are not corrected 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 Anti Monopoly Law of China and other laws and administrative regulations.

Article 40: If the relevant administrative departments of the State Council or the standardization administrative departments of local people's governments at or above the level of cities divided into districts fail to number or record standards in accordance with the provisions of this Law, and fail to make corrections in accordance with Article 34 of this Law, the standardization administrative department of the State Council shall revoke the relevant standard numbers or announce the abolition of standards that have not been recorded; Punish responsible leaders and directly responsible personnel in accordance with the law.

If the relevant administrative departments of the State Council or the standardization administrative departments of local people's governments at or above the level of cities divided into districts fail to review the standards formulated by them in accordance with the provisions of this Law, and fail to make corrections in accordance with the provisions of Article 34 of this Law, the responsible leaders and directly responsible personnel shall be punished in accordance with the 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 responsible leaders and directly responsible personnel may be punished in accordance with the law.

Article 42 If a social organization or enterprise fails to number the group standards or enterprise standards in accordance with the provisions of this Law, the standardization administrative department shall order it to make corrections within a specified period of time; If no correction is made within the prescribed time limit, the standardization administrative department of the people's government at or above the provincial level shall revoke the relevant standard number and make it public on the standard information public service platform.

Article 43: Supervisors and managers of standardization work who abuse their power, neglect their duties, or engage in favoritism and fraud shall be punished in accordance with the law; If a crime is constituted, criminal responsibility shall be pursued in accordance with the law.

Chapter 6 Supplementary Provisions

Article 44 The formulation, implementation, and supervision measures for military standards shall be separately formulated by the State Council and the Central Military Commission.

Article 45: This Law shall come into effect on January 1, 2018.