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"Certification and Accreditation Ordinance" Amendment and Comparison Table (Forwarding)
source: Release time: 2016-03-09

Decree of the State Council of the People's Republic of China

No. 666

The "Decision of the State Council on Amending Certain Administrative Regulations" has been adopted by the 119th Executive Meeting of the State Council on January 13, 2016, and is hereby promulgated, which will be implemented as of the date of promulgation.

Li Keqiang

February 6, 2016

Decision of the State Council on Amending Some Administrative Regulations

In order to promote the streamlining of administration and decentralization, the combination of decentralization and management, and the optimization of service reform in accordance with the law, the State Council has cleared administrative regulations related to the cancellation and adjustment of administrative examination and approval projects, price reforms and the implementation of universal fee reduction measures. After clearing up, the State Council decided to amend some of the provisions of the 66 administrative regulations.

37. Paragraph 1 of Article 9 of the Regulations on Certification and Accreditation of the People's Republic of China was amended to read: "Achieving the qualification of a certification body shall be approved by the certification and accreditation supervision and administration department of the State Council and engage in certification activities within the scope of approval."

Paragraph 1 of Article 10 was amended to read: "To obtain the qualification of a certification body, the following conditions shall be met:

"(1) obtaining legal personality;

"(B) having fixed places and necessary facilities;

"(3) having a management system that meets the requirements for certification and accreditation;

"(4) The registered capital shall not be less than RMB 3 million;

"(V) There are more than 10 full-time certification personnel in the corresponding field."

Article 11 is amended as: "Foreign-invested enterprises to obtain the certification body qualifications shall meet the following conditions in addition to the conditions stipulated in Article 10 of these Regulations:

"(1) the foreign investor has obtained the approval of an accreditation body in his country or region;

"(2) The foreign investor has more than 3 years of business experience in certification activities.

"The application, approval and registration of a foreign-invested enterprise to obtain the qualification of a certification body shall also comply with the relevant foreign investment laws, administrative regulations and relevant state regulations."

Article 12 was amended to read: "Application and approval procedures for certification body qualifications:

"(1) An applicant for qualification of a certification body shall submit a written application to the certification and accreditation supervision and administration department of the State Council, and submit certification documents that meet the conditions stipulated in Article 10 of these Regulations;

"(2) The certification and accreditation supervision and administration department of the State Council shall make a decision on whether to approve the application within 45 days from the date of acceptance of the certification body's qualification application. Involving the responsibilities of the relevant departments of the State Council shall seek the opinions of the relevant departments of the State Council. If a person issues an approval document and decides not to approve it, he shall notify the applicant in writing and explain the reasons.

"The certification and accreditation supervision and administration department of the State Council shall publish a list of enterprises that have obtained the certification body qualifications according to law."

Article 13 is amended to read: "Overseas certification agencies that establish representative offices in the People's Republic of China must go through registration formalities with the industry and commerce administration in accordance with law before they can engage in promotion activities related to the business scope of their subordinate institutions, but they must not engage in Certification activities.

"Registration of a foreign certification body to establish a representative office within the territory of the People's Republic of China shall be handled in accordance with relevant foreign investment laws, administrative regulations and relevant state regulations."

Article 26 is amended to read as follows: "Certification bodies may develop certification marks on their own. The style, words and names of certification marks formulated by certification bodies on their own shall not violate the provisions of laws and administrative regulations, and shall not be the same as or similar to certification marks promoted by the state. Must not impede social management or undermine social morality. "

Delete Article 46, paragraph 2.

The "quality and technical supervision department of the people's government of the province, autonomous region, and municipality directly under the Central Government" in Article 55 was revised to "the quality and technical supervision department of the local people's government at or above the county level".

Article 58 is amended to read as follows: "Overseas certification bodies that have established representative offices in the People's Republic of China without registration shall be banned and imposed a fine of 50,000 yuan up to 200,000 yuan.

"A registered representative office of an overseas certification institution that engages in certification activities within the territory of the People's Republic of China shall be ordered to make corrections and be fined 100,000 to 500,000 yuan. If there is illegal income, the illegal income shall be confiscated; if the circumstances are serious, the approval shall be revoked Documents and make them public. "

In addition, the order of the relevant administrative regulations is adjusted accordingly.

This decision shall be implemented as of the date of promulgation.


Regulations of the People's Republic of China on Certification and Accreditation


(Adopted at the 18th Executive Meeting of the State Council on August 20, 2003. The State Council Decree No. 390 of the People's Republic of China on September 3, 2003 was promulgated and implemented in accordance with the "Decision of the State Council on Amending Certain Administrative Regulations" of February 6, 2016. Corrections)


Chapter I General Provisions

Article 1 These regulations are formulated in order to regulate certification and accreditation activities, improve the quality and management level of products and services, and promote economic and social development.

Article 2 The certification referred to in these Regulations refers to conformity assessment activities by certification bodies to prove that products, services, and management systems meet relevant technical specifications, mandatory requirements or standards of related technical specifications.

The accreditation referred to in these Regulations refers to the conformity assessment activities in which accreditation bodies recognize the competence and qualifications of certification bodies, inspection bodies, laboratories, and personnel engaged in certification, auditing, and other certification activities.

Article 3: When engaging in certification and accreditation activities within the territory of the People's Republic of China, these regulations shall be observed.

Article 4: The state implements a unified certification and accreditation supervision and management system.

The state implements a working mechanism jointly implemented by all relevant parties under the unified management, supervision and comprehensive coordination of the certification and accreditation supervision and administration department of the State Council.

Article 5 The certification and accreditation supervision and management department of the State Council shall strengthen the supervision and management of the activities of certification training institutions and certification consulting agencies according to law.

Article 6: Certification and accreditation activities shall follow the principles of objective independence, openness, fairness, and honesty.

Article 7: The State encourages international mutual recognition activities for certification and recognition to be carried out on an equal and mutually beneficial basis. Certification and recognition of international mutual recognition activities shall not harm national security and social public interests.

Article 8: Institutions and their personnel engaged in certification and accreditation activities shall have the obligation to keep confidential the state secrets and business secrets they know.


Chapter II Certification Body

Article 9: To obtain the qualification of a certification body, it shall be approved by the certification and accreditation supervision and management department of the State Council and engage in certification activities within the scope of approval.

Without approval, no unit or individual may engage in certification activities.

Article 10: To obtain the qualification of a certification body, the following conditions must be met:

(1) Obtaining legal personality;

(2) There are fixed places and necessary facilities;

(3) Having a management system that meets the requirements for certification and accreditation;

(4) The registered capital shall not be less than RMB 3 million;

(5) There are more than 10 full-time certified personnel in corresponding fields.

A certification body that engages in product certification activities shall also have technical capabilities such as testing and inspection that are appropriate for engaging in related product certification activities.

Article 11 : In addition to the qualifications of a certification body for a foreign-invested enterprise, in addition to the conditions stipulated in Article 10 of these Regulations, the following conditions shall also be met:

(1) the foreign investor obtains the approval of the accreditation institution in his country or region;

(2) The foreign investor has more than 3 years of business experience in certification activities.

The application, approval and registration of a foreign-invested enterprise to obtain the qualification of a certification body shall also comply with the relevant foreign investment laws, administrative regulations and relevant state regulations.

Article 12 (1 ) Application and approval procedures for certification body qualifications:

(1) An applicant for qualification of a certification body shall submit a written application to the certification and accreditation supervision and administration department of the State Council, and submit certification documents that meet the conditions stipulated in Article 10 of these regulations;

(2) The certification and accreditation supervision and management department of the State Council shall make a decision on whether or not to approve within 45 days from the date of accepting the certification body's qualification application. Where the duties of the relevant departments of the State Council are involved, the opinions of the relevant departments of the State Council shall be sought. If it decides to approve, it shall issue an approval document to the applicant. If it decides not to approve, it shall notify the applicant in writing and explain the reasons.

The certification and accreditation supervision and administration department of the State Council shall publish a list of enterprises that have obtained the certification body qualifications according to law.

Article 13: When a foreign certification body establishes a representative office within the territory of the People's Republic of China, it must go through registration formalities with the industry and commerce administrative department according to law before engaging in promotion activities related to the business scope of its subordinate institution, but it must not engage in certification activities.

Registration of overseas certification bodies to establish representative offices in the People's Republic of China shall be handled in accordance with relevant foreign investment laws, administrative regulations and relevant state regulations.

Article 14 The certification body shall not have an interest relationship with the administrative organ.

The certification body shall not accept any funding that may affect the objective and impartiality of the certification activities; it shall not engage in any product development, marketing, and other activities that may have an impact on the objective and fairness of the certification activities.

The certification body shall not have any interest relationship in assets and management with the certification client.

Article 15: Certification personnel engaging in certification activities shall practise in one certification body and shall not practise in two or more certification bodies at the same time.

Article 16 Inspection institutions and laboratories that issue data and results that prove to society must have the basic conditions and capabilities required by relevant laws and administrative regulations, and can only engage in corresponding activities after being certified according to law. The certification and accreditation supervision department of the State Council announced.


Chapter III Certification

Article 17: The State promotes certification of products, services and management systems in accordance with the needs of economic and social development.

Article 18 The certification body shall engage in certification activities in accordance with the basic certification standards and certification rules. The basic certification standards and certification rules shall be formulated by the certification and accreditation supervision and administration department of the State Council; where the responsibilities of relevant departments of the State Council are involved, the certification and accreditation supervision and management department of the State Council shall formulate with the relevant departments of the State Council.

If it belongs to a new field of certification and the departments specified in the preceding paragraph have not yet formulated certification rules, the certification body may formulate certification rules on its own and report to the certification and accreditation supervision department of the State Council for the record.

Article 19: Any legal person, organization and individual may voluntarily entrust a certification body established in accordance with the law to perform product, service and management system certification.

Article 20: The certification body shall not refuse to provide certification services within the scope of the certification body's business on the grounds that the client has not participated in certification consultation or certification training, and shall not submit to the client requirements or restrictions that are not related to certification activities.

Article 21 The certification body shall disclose information such as the basic certification standards, certification rules, and charging standards.

Article 22 Certification agencies, certification-related inspection agencies, and laboratories engaged in certification and certification-related inspection and testing activities shall complete the procedures specified in the basic certification standards and certification rules to ensure the completeness of certification, inspection, and testing. Objective and truthful, no procedures shall be added, reduced, or omitted.

The certification institution and the inspection institutions and laboratories related to certification shall make complete records of the certification, inspection and testing processes, and keep them on file.

Article 23 The certification body and its certification personnel shall make the certification conclusions in a timely manner, and ensure that the certification conclusions are objective and true. After the certification conclusion is signed by the certification personnel, it shall be signed by the person in charge of the certification body.

The certification body and its certification personnel are responsible for the certification results.

Article 24 (1) If the certification conclusion is that the product, service, and management system meet the certification requirements, the certification body shall promptly issue a certification certificate to the client.

Article 25 Whoever obtains a certification certificate shall use the certification certificate and certification mark within the scope of certification, and shall not use products, service certification certificates, certification marks and related words and symbols to mislead the public into thinking that their management system has passed certification, nor shall they The use of management system certifications, certification marks and related text and symbols misleads the public into thinking that their products and services have passed certification.

Article 26 The certification body may make certification marks by itself. The style, text and name of the certification mark formulated by the certification body shall not violate the provisions of laws and administrative regulations, shall not be the same as or similar to the certification mark promoted by the state, shall not interfere with social management, and shall not impair social morality.

Article 27 The certification body shall conduct effective follow-up investigations on the products, services and management systems it certifies. If the certified products, services and management system cannot continuously meet the certification requirements, the certification body shall suspend its use until the certification certificate is revoked. And announced.

Article 28 In order to protect national security, prevent fraud, protect human health or safety, protect the life or health of animals and plants, and protect the environment, if the state stipulates that relevant products must be certified, they must be certified and marked with a certification mark before they can be used. Ex-factory, sale, import or use in other business activities.

Article 29: For products that must be certified , the state shall harmonize the product catalog, compulsory requirements, standards and conformity assessment procedures of technical specifications, harmonize signs, and standardize charges.

The unified product catalog (hereinafter referred to as the catalog) is formulated and adjusted by the certification and accreditation supervision and administration department of the State Council in conjunction with relevant departments of the State Council, issued by the certification and accreditation supervision and management department of the State Council, and jointly implemented with relevant parties.

Article 30 : Products listed in the catalog must be certified by a certification body designated by the certification and accreditation supervision and administration department of the State Council.

The certification marks of products listed in the catalog shall be uniformly stipulated by the certification and accreditation supervision and administration department of the State Council.

Article 31: If the products listed in the catalog involve import and export commodity inspection catalogs, the inspection procedures shall be simplified during the import and export commodity inspection.

Article 32 The certification bodies designated by the State Council's certification and accreditation supervision and management department that are engaged in the certification activities of listed products, and the certification-related inspection agencies and laboratories (hereinafter referred to as designated certification agencies, inspection agencies, laboratories) shall be Institutions that have been engaged in related business for a long time, have no bad records, and have obtained accreditation in accordance with the provisions of this Regulation and have the ability to engage in related certification activities. The certification authority designated by the State Council's certification and accreditation administration shall engage in certification activities for listed products, and shall ensure that at least two organizations that meet the conditions specified in these regulations are designated in each listed product area.

The certification and accreditation supervision and management department designated by the State Council shall publish the relevant information in advance, and organize experts recognized in related fields to form an expert review committee to certify certification bodies, inspections that meet the requirements of the preceding paragraph. Institutions and laboratories conduct review; after review and consultation with relevant departments of the State Council, decisions are made within the announced time in accordance with the principles of rational use of resources, fair competition, convenience and effectiveness.

Article 33 The certification and accreditation supervision and management department of the State Council shall publish the list of designated certification bodies, inspection bodies, laboratories, and designated business scopes.

Without designation, no institution shall engage in the certification of the products listed in the catalog and the inspection and testing activities related to certification.

Article 34: Producers, sellers, and importers of products listed in the catalogue may entrust a designated certification body to conduct certification on their own.

Article 35 The designated certification agencies, inspection agencies and laboratories shall provide the clients with convenient and timely certification, inspection and testing services within the designated scope of business, without delay, without discrimination, embarrassment, or improper solicitation. interest.

The designated certification body shall not transfer the designated certification business to other institutions.

Article 36 (1) Designated certification bodies, inspection agencies, and laboratories conducting international mutual recognition activities shall be conducted within the framework of international mutual recognition agreements signed by the certification and accreditation supervision and administration department of the State Council or authorized relevant departments of the State Council.


Chapter IV Recognition

Article 37: The accreditation bodies (hereinafter referred to as accreditation bodies) identified by the certification and accreditation supervision and administration department of the State Council shall independently carry out accreditation activities.

Except for the accreditation bodies determined by the certification and accreditation supervision and administration department of the State Council, no other unit may engage in accreditation activities directly or in disguise. If other units engage in accreditation activities directly or in disguise, the accreditation results will be invalid.

Article 38: Certification bodies, inspection bodies, and laboratories may pass the accreditation of accreditation bodies to ensure that their certification, inspection, and testing capabilities continuously and stably meet accreditation conditions.

Article 39 (1 ) Persons engaged in certification activities such as assessment and review shall be registered with recognized institutions before they can engage in corresponding certification activities.

Article 40: The accreditation body shall have a quality system that is compatible with its accreditation scope, and shall establish an internal audit system to ensure the effective implementation of the quality system.

Article 41: According to the needs of accreditation, the accreditation body may select and engage in personnel engaged in accreditation review activities. Personnel engaged in accreditation review activities shall be recognized experts in the relevant field, familiar with relevant laws, administrative regulations and accreditation rules and procedures, and have good morals, professional knowledge and business capabilities required for review.

Article 42 (1) Where an accreditation body entrusts others to complete specific review business related to accreditation, the accreditation body shall be responsible for the conclusion of the review.

Article 43: The accreditation institution shall disclose information such as accreditation conditions, accreditation procedures, and charging standards.

When accepting an application for accreditation, an accreditation institution shall not make any requirements or restrictions related to accreditation activities to the applicant.

Article 44 The accreditation body shall complete the review of the accreditation body, inspection body, and laboratory in accordance with the national standards and the regulations of the certification and accreditation supervision department of the State Council within the announced time, make a decision on whether to grant accreditation, and make a decision on accreditation. The process is fully documented and archived for retention. The accreditation body shall ensure that the accreditation is objective, impartial, complete, and effective, and shall be responsible for the accreditation conclusions.

An accreditation body shall issue accreditation certificates to accredited certification bodies, inspection bodies, and laboratories, and publish the directory of accredited accreditation bodies, inspection bodies, and laboratories.

Article 45: Accreditation institutions shall, in accordance with national standards and the regulations of the State Council ’s certification and accreditation supervision and management department, conduct assessments on personnel engaged in certification activities such as review and audit, and those who pass the assessment shall be registered.

Article 46 (1) The accreditation certificate shall include the scope of accreditation, accreditation standards, accreditation fields and validity period.

Article 47 (1 ) Institutions that have obtained accreditation shall use accreditation certificates and accreditation marks within the scope of accreditation. If an accredited institution uses the accreditation certificate and accreditation mark improperly, the accredited institution shall suspend its use until the accreditation certificate is revoked and announce it.

Article 48 (1) The accreditation institution shall implement effective follow-up supervision on the institutions and personnel that have obtained accreditation, and periodically review and appraise the institutions that have obtained accreditation to verify whether they continue to meet the accreditation conditions. If the accredited institution and personnel no longer meet the accreditation conditions, the accreditation institution shall revoke the accreditation certificate and announce it.

Employees and main persons in charge of accredited institutions, their principals, facilities, and self-developed certification rules and other conditions related to accreditation conditions should be notified to the accredited institution in a timely manner.

Article 49 (1) The accreditation body shall not accept any funding that may have an impact on the objectiveness and impartiality of accreditation activities.

Article 50: Where certification bodies, inspection agencies, and laboratories in China obtain accreditation from overseas accreditation bodies, they shall file a record with the certification and accreditation supervision and administration department of the State Council.


Chapter V Supervision and Administration

Article 51 The certification and accreditation supervision and management department of the State Council may adopt peer review, solicit opinions from certified enterprises, conduct random checks on certification activities and certification results, and require certification bodies, inspection agencies and laboratories related to certification to report business activities. To monitor their compliance with these regulations. Any violation of these regulations shall be investigated and dealt with in a timely manner. If the duties of the relevant departments of the State Council are involved, the relevant departments shall be notified in a timely manner.

Article 52 The certification and accreditation supervision and management department of the State Council shall focus on the supervision of designated certification bodies, inspection bodies, and laboratories, and conduct periodic or irregular inspections on their certification, inspection, and testing activities. The designated certification bodies, inspection bodies and laboratories shall submit reports to the certification and accreditation supervision and management department of the State Council on a regular basis and be responsible for the authenticity of the reports; the reports shall explain the activities of certification, inspection and testing of products listed in the catalog.

Article 53 The accreditation institution shall submit reports to the certification and accreditation supervision and administration department of the State Council on a regular basis, and shall be responsible for the authenticity of the report; the report shall report on the implementation of the accreditation system, the activities of accreditation activities, and the work of employees in the accreditation institution. Instructions.

The certification and accreditation supervision and management department of the State Council shall evaluate the reports of accreditation institutions, and adopt methods such as consulting the archives of accreditation activities and obtaining information from relevant personnel to supervise accreditation institutions.

Article 54 The certification and accreditation supervision and administration department of the State Council may, in accordance with the needs of certification and accreditation supervision and management, inquire relevant principals of accreditation institutions, certification bodies, inspection agencies, and laboratories on relevant matters, investigate and understand the situation, and give warnings. The relevant personnel shall Actively cooperate.

Article 55 The quality and technical supervision department of the local people's government at or above the county level and the entry-exit inspection and quarantine agency established by the quality supervision, inspection and quarantine department of the State Council shall be within the scope authorized by the certification and accreditation supervision department of the State Council. Implementation of supervision and management of certification activities.

The quality and technical supervision departments of the local people's governments at or above the county level authorized by the certification and accreditation supervision department of the State Council and the entry-exit inspection and quarantine institutions of the State Council's quality supervision inspection and quarantine department are collectively referred to as local certification supervision and management departments.

Article 56: Any unit or individual has the right to report violations of certification and accreditation to the certification and accreditation supervision department of the State Council and the local certification supervision and administration department. The certification and accreditation supervision and administration department of the State Council and the local certification supervision and administration department shall investigate and deal with them in a timely manner, and keep confidential for the reporter.


Chapter VI Legal Liability

Article 57: Whoever engages in certification activities without approval shall be banned, and a fine ranging from 100,000 yuan to 500,000 yuan shall be imposed. If there is illegal income, the illegal income shall be confiscated.

Article 58: Any overseas certification agency that has established a representative office in the People's Republic of China without registration shall be banned and imposed a fine of 50,000 yuan up to 200,000 yuan.

If a registered overseas certification agency representative agency engages in certification activities within the territory of the People's Republic of China, it shall be ordered to rectify, and a fine of 100,000 yuan to 500,000 yuan shall be imposed. If there is illegal income, the illegal income will be confiscated; And be announced.

Article 59 The certification body accepts funding that may affect the objectiveness and impartiality of certification activities, or engages in product development, marketing, and other activities that may affect the objectiveness and impartiality of certification activities, or has assets and management aspects with the certification client. Interested parties shall be ordered to suspend business for rectification; if the circumstances are serious, the approval document shall be revoked and announced; if there is illegal income, the illegal income shall be confiscated; if it constitutes a crime, criminal liability shall be investigated in accordance with the law.

Article 60 The certification body shall be ordered to make corrections and imposed a fine of 50,000 yuan up to 200,000 yuan if there is illegal income, and the illegal income shall be confiscated; if the circumstances are serious, it shall be ordered to suspend business for rectification until the approval document is revoked. And announced:

(1) engaging in certification activities beyond the approved scope;

(2) adding, reducing, or omitting procedures stipulated in the basic certification and certification rules;

(3) Failure to implement effective follow-up investigations on its certified products, services, and management systems, or finding that its certified products, services, and management systems cannot continue to meet the certification requirements, failing to suspend its use or revoke the certification certificate in time and publish it ;

(4) employing persons not registered with an accredited institution to engage in certification activities.

If the inspection-related institutions and laboratories related to certification increase, decrease, or omit the procedures stipulated in the basic certification and certification rules, they shall be punished in accordance with the provisions of the preceding paragraph.

Article 61: A certification body shall be ordered to make corrections within a time limit if it has any of the following circumstances; if it fails to make corrections within the time limit, it shall be fined 20,000 to 100,000 yuan:

(1) refusing to provide certification services within the scope of the certification body's business, or making requirements or restrictions unrelated to certification activities to the client on the grounds that the client has not participated in certification consultation or certification training;

(2) The style, text and name of the certification mark formulated by the government are the same as or similar to the certification mark promoted by the state, or interfere with social management, or harm social morality;

(3) Failure to disclose information about basic certification standards, certification rules, and charging standards;

(4) Failure to make a complete record of the certification process and keep it on file;

(5) Failure to issue a certificate of certification to its client in a timely manner.

The inspection institutions and laboratories related to certification fail to make complete records of the inspection and testing processes related to certification, and keep them on file, and shall be punished in accordance with the provisions of the preceding paragraph.

Article 62 If the certification body issues a false certification conclusion, or the certification conclusion is seriously inaccurate, the approval document shall be revoked and announced; the directly responsible supervisor and the certification officer with direct responsibility shall be disqualified from practicing; If a crime is constituted, criminal liability shall be investigated in accordance with the law; if damage is caused, the certification body shall bear corresponding compensation liability.

If a designated certification body commits an illegal act as prescribed in the preceding paragraph, the designation shall be revoked at the same time.

Article 63 If certification personnel are engaged in certification activities and are not practicing in a certification body or in two or more certification bodies at the same time, they shall be ordered to correct, and punished for suspension of practice for more than 6 months and less than 2 years. qualifications.

Article 64 Certification agencies, certification-related inspection agencies, and laboratories that engage in certification of cataloged products and certification-related inspection and testing activities without designation shall be ordered to make corrections and shall be punished by 100,000 yuan or more and 500,000 yuan. If the following fines have illegal income, the illegal income shall be confiscated.

If a certification body engages in certification activities of products listed in the catalog without authorization, the approval documents shall be revoked and announced.

Article 65 The designated certification bodies, inspection bodies, and laboratories that engage in certification of cataloged products and certification-related inspection and testing activities beyond the designated scope of business shall be ordered to make corrections and punished by 100,000 yuan up to 500,000 yuan If there are illegal fines, the illegal income shall be confiscated; if the circumstances are serious, the designation shall be revoked until the approval document is revoked and announced.

The designated certification body that transfers the designated certification business shall be punished in accordance with the provisions of the preceding paragraph.

Article 66 (1 ) Where certification bodies, inspection agencies, and laboratories have obtained approval from overseas accreditation bodies and have not filed with the certification and accreditation supervision and management department of the State Council, they will be given a warning and announced.

Article 67 Products listed in the catalog without certification, unauthorized shipment, sale, import or use in other business activities shall be ordered to correct, and fines of 50,000 to 200,000 shall be imposed, and those with illegal income shall be confiscated. Illegal income.

Article 68 (1) An accredited institution shall be ordered to make corrections under any of the following circumstances; if the circumstances are serious, the principal responsible person and the person responsible shall be removed or dismissed:

(1) Approving institutions and personnel who do not meet the accreditation conditions;

(2) It is found that the institutions and personnel who have obtained the accreditation do not meet the accreditation conditions, fail to revoke the accreditation certificate in time, and announce it;

(3) Accepting funding that may have an impact on the objectiveness and impartiality of recognized activities.

The principal of the accredited institution that has been dismissed or dismissed shall not be engaged in accreditation activities for 5 years from the date of dismissal or dismissal.

Article 69 (1) If an accreditation institution has any of the following circumstances, it shall be ordered to make corrections; the principal responsible person and the person responsible shall be warned:

(1) Accepting an application for accreditation, and putting forward to the applicant requirements or restrictions unrelated to accreditation activities;

(2) Failure to complete the accreditation activities within the announced time, or to disclose information such as accreditation conditions, accreditation procedures, and charging standards;

(3) It is found that the accredited institution improperly uses the accreditation certificate and accreditation mark, fails to suspend its use in a timely manner or revokes the accreditation certificate and announces it;

(4) Failure to make a complete record of the accreditation process and keep it on file.

Article 70 The certification and accreditation supervision department of the State Council and the local certification supervision and management department and their staff who abuse their powers, engage in malpractices for personal gain, and neglect their duties, and whoever commits one of the following acts shall, in accordance with the law, be directly responsible for the person in charge and other directly responsible persons Administrative sanctions for demotion or dismissal; if a crime is constituted, criminal responsibility shall be investigated according to law:

(1) Failure to implement approval and designation in accordance with the conditions and procedures prescribed in these regulations;

(2) It is found that the certification body no longer meets the conditions for approval or designation stipulated in these Regulations, and does not revoke the approval document or designation;

(3) It is found that the designated inspection institutions and laboratories no longer meet the designated conditions stipulated in these regulations, and the designation is not revoked;

(4) Failing to investigate and find out that the certification body, the certification-related inspection agency, and the laboratory have issued false certification and the certification-related inspection, testing conclusion or certification issued and the certification-related inspection, testing conclusion have been seriously incorrect;

(5) If other certification and recognition violations stipulated in these Regulations are found, they shall not be investigated and punished.

Article 71 Whoever forges, counterfeits, buys or sells certification marks or certifications shall be investigated and punished in accordance with the provisions of the Law of the People's Republic of China on Product Quality.

Article 72: The administrative penalties provided for in these Regulations shall be implemented by the Certification and Accreditation Administration of the State Council or the local certification supervision and administration department authorized by them in accordance with their respective duties. Where laws or other administrative regulations provide otherwise, they shall be implemented in accordance with the laws and other administrative regulations.

Article 73: Within 5 years from the date on which the certification personnel are revoked, the accreditation institution will no longer accept its application for registration.

Article 74 The certification body fails to conduct an effective follow-up investigation on its certified products, or finds that its certified products cannot continue to meet the certification requirements, does not suspend or revoke the certification certificate in time and requires it to stop using the certification mark to cause losses to consumers. , Bear joint and several responsibilities with producers and sellers.


Chapter VII Supplementary Provisions

Article 75: These regulations are not applicable to the certification of quality management specifications for pharmaceutical manufacturing and operating enterprises, the certification of quality certification of laboratory animals, the certification of military products, and the approval of laboratories and personnel engaged in the calibration and testing of military products.

Approved certification bodies in accordance with these regulations are engaged in the management system certification of mines, hazardous chemicals, fireworks and firecracker production and management units, and are organized by the State Council ’s work safety supervision and management department in accordance with the special requirements for safe production; engaged in the production and operation of mines, hazardous chemicals, fireworks and firecrackers The certification body for comprehensive evaluation of work safety of a unit can only be approved by a recognized institution after being recommended by the work safety supervision and administration department of the State Council.

Article 76: The fees for certification and accreditation shall be in accordance with the relevant national price laws and administrative regulations.

Article 77: The management measures for certification training institutions and certification consulting agencies shall be formulated by the certification and accreditation supervision and management department of the State Council.

Article 78: These Regulations shall become effective on November 1, 2003. The "Regulations on the Management of Product Quality Certification of the People's Republic of China" promulgated by the State Council on May 7, 1991 was repealed simultaneously.


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