Chapter I General Provisions
Article 1 This Law is formulated for the purpose of developing the socialist commodity economy, promoting technological progress, improving product quality, improving social and economic benefits, safeguarding the interests of the state and the people, and adapting standardization work to the needs of socialist modernization and the development of foreign economic relations.
Article 2 Standards shall be formulated for the following technical requirements that need to be unified:
(1) The variety, specification, quality, grade, or safety and hygiene requirements of industrial products.
(2) The methods of design, production, inspection, packaging, storage, transportation, and use of industrial products, or the safety and hygiene requirements during production, storage, and transportation.
(3) Technical requirements and inspection methods related to environmental protection.
(4) Design, construction methods, and safety requirements for construction projects.
(5) Technical terms, symbols, codes, and drafting methods related to industrial production, engineering construction, and environmental protection.
Important agricultural products and other projects that require the formulation of standards shall be stipulated by the State Council.
Article 3 The task of standardization work is to formulate standards, organize the implementation of standards, and supervise the implementation of standards.
Standardization work should be incorporated into national economic and social development plans.
Article 4 The State encourages the active adoption of international standards.
Article 5 The standardization administrative department under the State Council shall uniformly administer the standardization work throughout the country. The relevant administrative departments under the State Council shall be responsible for the standardization work of their respective departments and industries.
The standardization administrative departments of provinces, autonomous regions, and municipalities directly under the Central Government shall uniformly administer the standardization work in their respective administrative regions. The relevant administrative departments of the governments of provinces, autonomous regions, and municipalities directly under the Central Government shall be responsible for the standardization work of their respective departments and industries within their respective administrative regions.
The municipal and county standardization administrative departments and relevant administrative departments shall, in accordance with their respective responsibilities as prescribed by the governments of provinces, autonomous regions, and municipalities directly under the Central Government, manage the standardization work within their respective administrative areas.
Chapter II Formulation of Standards
Article 6 National standards shall be formulated for technical requirements that need to be unified nationwide. National standards shall be formulated by the standardization administrative department of the State Council. Industry standards may be formulated for technical requirements that do not have national standards but need to be unified within a certain industry throughout the country. Industry standards shall be formulated by the relevant administrative departments under the State Council and reported to the standardization administrative department under the State Council for the record. After the national standards are promulgated, such industry standards shall be invalidated. Local standards may be formulated for the safety and hygiene requirements of industrial products that do not have national or industrial standards but need to be unified within provinces, autonomous regions, and municipalities directly under the Central Government. "Local standards shall be formulated by the standardization administrative departments of provinces, autonomous regions, and municipalities directly under the Central Government, and reported to the standardization administrative department of the State Council and the relevant administrative departments of the State Council for the record. After the publication of national or industrial standards, such local standards shall be invalidated.".
"Where there are no national or industrial standards for the products produced by an enterprise, enterprise standards shall be formulated as the basis for organizing production.". The product standards of an enterprise must be reported to the standardization administrative department and relevant administrative departments of the local government for the record. "Where national or industrial standards exist, the State encourages enterprises to formulate enterprise standards that are stricter than national or industrial standards and apply them internally.".
"If the law provides otherwise for the formulation of standards, the provisions of the law shall prevail.".
Article 7 National standards and industry standards are divided into mandatory standards and recommended standards. "The standards for safeguarding human health and the safety of persons and property, as well as the standards mandated by laws and administrative regulations, are mandatory standards, while other standards are recommended standards.".
The local standards for the safety and hygiene requirements of industrial products formulated by the standardization administrative departments of provinces, autonomous regions, and municipalities directly under the Central Government are mandatory standards within their respective administrative regions.
Article 8 The formulation of standards shall be conducive to ensuring safety and the physical health of the people, protecting the interests of consumers, and protecting the environment.
Article 9 The formulation of standards shall be conducive to the rational utilization of national resources, the promotion of scientific and technological achievements, and the improvement of economic benefits. They shall also meet the requirements for use, facilitate the universal exchange of products, and be technologically advanced and economically reasonable.
Article 10 The formulation of standards should achieve the coordination and matching of relevant standards.
Article 11 The formulation of standards shall be conducive to promoting foreign economic and technological cooperation and foreign trade.
Article 12 In formulating standards, the role of industry associations, scientific research institutions, and academic organizations should be brought into play.
The department formulating standards shall organize a standardization technical committee composed of experts to be responsible for the drafting of standards and participate in the review of draft standards.
Article 13 After the implementation of a standard, the department formulating the standard shall conduct a timely review in accordance with the development of science and technology and the needs of economic construction, in order to confirm that the current standard continues to be valid or be revised or abolished.
Chapter III Implementation of Standards
Article 14 Compulsory standards must be implemented. The production, sale, and import of products that do not meet mandatory standards are prohibited. The state encourages enterprises to voluntarily adopt recommended standards.
Article 15 Enterprises may apply to the standardization administrative department of the State Council or a department authorized by the standardization administrative department of the State Council for product quality certification for products that have national or industrial standards. "If the product passes the certification, the certification department shall grant a certification certificate and permit the use of the prescribed certification marks on the product or its packaging.".
"If a product that has obtained a certification certificate does not meet national or industrial standards, or if the product has not been certified or has not passed the certification, the certification mark may not be used for factory sales.".
Article 16 The technical requirements for export products shall be implemented in accordance with the provisions of the contract.
Article 17 The development of new products, improvement of products, and technological transformation by enterprises shall meet the requirements of standardization.
Article 18 The standardization administrative departments of governments at or above the county level are responsible for supervising and inspecting the implementation of standards.
"Article 19 The standardization administrative department of the government at or above the county level may, as necessary, establish inspection institutions or authorize inspection institutions of other units to inspect whether products meet the standards.". "Where laws and administrative regulations provide otherwise for inspection institutions, the provisions of the laws and administrative regulations shall prevail.".
In handling disputes over whether a product meets the standards, the inspection data of the inspection agency specified in the preceding paragraph shall prevail.
Chapter IV Legal Liability
"Article 20 Whoever produces, sells, or imports products that do not meet mandatory standards shall be dealt with in accordance with the law by the competent administrative departments prescribed by laws and administrative regulations. If there are no provisions in laws and administrative regulations, the administrative departments for industry and commerce shall confiscate the products and illegal income and impose a fine."; If serious consequences are caused and a crime is constituted, the person directly responsible shall be investigated for criminal responsibility according to law.
Article 21 If a product that has been granted a certification certificate does not meet national or industrial standards and uses certification marks before leaving the factory for sale, the standardization administrative department shall order it to stop sales and impose a fine; If the circumstances are serious, the certification department shall revoke its certification certificate.
"Article 22 If a product is shipped out of the factory for sale without certification or without passing the certification, the standardization administrative department shall order it to stop sales and impose a fine.".
"Article 23 If a party refuses to accept the punishment of confiscation of products, confiscation of illegal gains, and fines, he may, within 15 days of receiving the notice of punishment, apply for reconsideration to the authority at the next higher level than the authority that made the punishment decision."; "Those who are not satisfied with the reconsideration decision may, within 15 days of receiving the reconsideration decision, bring a suit in a people's court.". The party concerned may also directly bring a suit in a people's court within 15 days of receiving the penalty notice. "If a party neither applies for reconsideration nor brings a suit in a people's court within the time limit nor complies with the punishment decision, the organ that made the punishment decision shall apply to the people's court for compulsory execution.".
"Article 24. Personnel in charge of supervision, inspection, and management of standardization work who violate the law, neglect their duties, or engage in malpractices for personal gain shall be given administrative sanctions;"; If a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter V Supplementary Provisions
Article 25 The regulations for the implementation of this Law shall be formulated by the State Council.
Article 26 This Law shall enter into force as of April 1, 1989.