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This
PEOPLE'S REPUBLIC OF
which
Council of
In case of discrepancy, theoriginal version in Chinese shall prevail.
STANDARDIZATION LAW OF THEPEOPLE'S REPUBLIC OF CHINA
(Adopted at the Fifth Meeting ofthe Standing
Seventh National People'sCongress on December 29, 1988, promulgated
Order No. 11 of the
December 29, 1988, and effectiveas of April 1, 1989)
Chapter II
Chapter III
Chapter IV
Chapter V
This Law is formulated with aview to developing the
economy,
increasing social and economicbenefits, safeguarding the interests of the
State and the people and suitingstandardization to the needs in socialist
modernization and in thedevelopment of economic relations with
Standards shall be formulatedfor the
(1) the
products as well as the safetyand sanitary requirements for them;
(2) the design, production,inspection, packing,
and methods of operation ofindustrial products as well as the safety and
sanitary requirements for themin the process of production, storage and
(3) technical requirements andtesting methods
(4) the
(5) technical terms, symbols,code names and drawing
industrial production, projectconstruction and environmental protection.
Major agricultural products andother items that need to be standardized
shall be designated by the StateCouncil.
The tasks of standardizationshall include the
and organization
standards.
economic and socialdevelopment.
The State shall encourage theactive adoption of international standards.
The department ofstandardization administration under the State
shall be in
throughout thecountry.
State Council shall, in linewith their respective functions, be in charge
of standardization in theirrespective departments and trades.
The departments ofstandardization administration of provinces, autonomous
regions and municipalitiesdirectly under the Central Government shall be
in charge of the unifiedadministration of
respectiveadministrative
under the governments ofprovinces, autonomous regions and municipalities
directly under the CentralGovernment shall, in line with their respective
functions, be in charge ofstandardization in their respective departments
and trades within theirrespective administrative areas.
The
administrative authorities ofcities and
their respective functions asassigned by the
autonomous
Government, be
National standards shall beformulated for the technical requirements that
need to be unified nationwide.National standards shall be formulated by
the department ofstandardization administration under the State Council.
Where, in the absence ofnational standards, technical requirements for a
certain trade need to beunified, trade standards may be formulated. Trade
standards shall be
under the State Council andreported to the department of standardization
administration under theState
annulled on publication of thenational standards. Where, in the absence
of both national and tradestandards, safety and sanitary requirements for
industrial products need to beunified within a
region or a municipalitydirectly
standards may be
departments ofstandardization
regions andmunicipalities
reported to the
competent administrativeauthorities
record, and shall be annulled onpublication
Where, in the absence of bothnational and trade
manufactured by anenterprise,
formulated to serve as thecriteria for the organization of production. An
enterprise's
standardization administrationdepartment and the competent administrative
authorities under the localgovernment for the record. Where national or
trade
enterprises to
stringent than the nationalor trade
Where the formulation ofstandards is otherwise provided for by law, such
legal provisions shall becomplied with.
National standards and tradestandards shall be classified into compulsory
standards and voluntarystandards. Those for safeguarding human health and
ensuring the safety of theperson and of property and those for compulsory
execution
regulations shall be compulsorystandards, the others shall be voluntary
The
departments of provinces,autonomous regions and
under the Central Government forthe safety and sanitary requirements
industrial products shall becompulsory standards within their respective
The formulation of standardsshall be conducive to ensuring safety and the
people's
The standards to be formulatedshall be conducive to a rational use of the
country's resources, a widerutilization of scientific and technological
gains and the
instructions,
products, and be technologicallyadvanced and economically rational.
The standards to be formulatedshall be coordinated with and supported by
The
technological cooperation withforeign countries and foreign trade.
The roles of trade
academic organizations shall bebrought into play in
standards.
organize
specialists, which shall beresponsible for the drafting of the standards
and shall participate in theexamination of the draft standards.
After the standards come intoforce, the department that formulated them
shall, in the light ofscientific and technological developments and
needs in
standards to determine if theyare to
Compulsory standards must becomplied with.
produce, sell orimport
standards. With regard tovoluntary standards, the State shall encourage
their adoption by enterprises onan optional basis.
With respect to products forwhich national or trade standards have been
formulated, enterprises mayapply to
department under the StateCouncil or
department for productquality
authenticated to conform to thestandards, certificates shall be issued by
the department that made theauthentication and the use of the prescribed
authentication marks shall bepermitted on such products and the packing
If products for whichauthentication certificates have been granted do not
conform to national or tradestandards, or if products have not undergone
authentication or found not upto the standards after
proceedings, no authenticationmarks shall be permitted for use on
products leaving factories forsale.
Technical requirements forexport products shall comply with contractual
The development of newproducts,
renovation by an enterpriseshall conform to standardization requirements.
Departments ofstandardization
above the county level shallbe responsible
inspection of the implementationof the standards.
Departments ofstandardization
above the county level may, inaccordance with needs, establish inspection
organizations or authorizeinspection
examine whether products conformto the
administrative rules
organizations, such provisionsshall apply.
Disputes over whether a productconforms to the standards shall be handled
in accordance
organizations as specified inthe preceding paragraph.
Whoever produces, sells orimports products that do not conform
compulsory standards shall bedealt with according to law by the competent
administrative authorities asprescribed by the
rules and regulations. In theabsence of such prescriptions, his products
and unlawful proceeds shall beconfiscated and he
fined by the administrativeauthorities for industry and commerce; where
serious consequences are causedand crimes
directly responsible shall beinvestigated for criminal responsibility in
Where authentication marks areused on
sale, for which authenticationcertificates have been issued but which do
not conform to national or tradestandards, the enterprise concerned shall
be ordered by the department ofstandardization administration to stop the
sale and shall be finedconcurrently; where the circumstances are serious,
the authentication certificatesshall be revoked by
Whoever usesauthentication
leaving a factory for sale,which have
have
proceedings,
administration to stop the saleand shall concurrently be fined.
A party which refuses to acceptthe punishment
products and of its unlawfulproceeds and a fine may, within 15 days
receiving the penalty notice,apply
immediately above the one thatmade the punishment decision; a party which
refuses to obey the
receiving the reconsiderationdecision, bring a
court. The party also may,within 15 days of receiving the penalty notice,
directly bring a suit before apeople's court. If a party neither applies
for reconsideration nor brings asuit before a people's court within the
prescribed time nor complieswith the punishment decision, the office that
made
Personnel responsible for thesupervision, inspection and administration
of standardization who violatethe law or neglect
engaged in malpractices forpersonal gains, shall
sanctions; where crimesare constituted,
shall be investigated inaccordance with the law.
Rules for the implementation ofthis Law shall be formulated by the State