Order of the State Council Concerning the Issuance of the Regulations of the People's Republic of China on Certification and Accreditation
Order of the State Council Concerning the Issuance of the Regulations of the People's Republic of China on Certification and Accreditation
Order of the State Council Concerning the Issuance of the Regulations of the People's Republic of China on Certification and Accreditation
Order of the State Council [2003] No. 390
September 3, 2003
The Regulations of the People's Republic of China on Certification and Accreditation, which have been adopted at the 18th executive meeting of the State Council on August 20, 2003, are hereby promulgated, and shall be implemented as of November 1, 2003.
Premier of the State Council: Wen Jiabao
Annex: Regulations of the People's Republic of China on Certification and Accreditation
Chapter I General Provisions
Article 1 These Regulations are hereby formulated with a view to regulating the certification and accreditation activities, improving the quality of products and services and the level of administration, as well as promoting the economic and social development.
Article 2 The term "certification" as mentioned in these Regulations refers to the assessment activities carried out by the certification bodies to testify whether the products, services, and management systems are in conformity with the relevant technical norms and their compulsive requirements or standards.
The term "accreditation" as mentioned in these Regulations refers to the assessment activities carried out by the accreditation bodies to recognize the capabilities and qualifications of the certification bodies, inspection organizations and laboratories, and practicing personnel engaging in such certification activities as appraisal and examination, etc.
Article 3 Where the certification and accreditation activities are undertaken within the territory of the People's Republic of China, these Regulations shall be observed.
Article 4 The State shall implement a uniform certification and accreditation administration system.
The State shall apply the working mechanism on certification and accreditation which all the relevant departments shall implement together under the uniform administration, supervision and comprehensive coordination of the certification and accreditation administration department of the State Council.
Article 5 The certification and accreditation administration department of the State Council shall strengthen the supervision over and administration of the activities of the certification training institutions and certification consultation institutions in accordance with the law.
Article 6 The principles of objectivity, independence, openness, justice, honesty and good faith shall be observed in carrying out the certification and accreditation activities.
Article 7 The State encourages the international mutual recognition activities of certification and accreditation to be carried out on the basis of equality and mutual benefits. The international mutual recognition activities of certification and accreditation shall not impair the national security and public interests.
Article 8 The organizations and persons undertaking the certification and accreditation activities shall be obliged to keep the state secrets and commercial secrets they know confidential.
Chapter II Certification Bodies
Article 9 The establishment of a certification body shall be approved by the certification and accreditation administration department of the State Council, and the certification activities shall be carried out within the scope of approval after the qualification of a legal entity has been obtained.
Any entity or person may not undertake certification activities without approval.
Article 10 The establishment of a certification body shall meet the conditions as follows:
1. Having a fixed location and the necessary facilities;
2. Having an administration system in conformity with the requirements of certification and accreditation;
3. The registered capital shall not be less than CNY3 million; and
4. There are more than 10 full time certification personnel in the corresponding fields.
Certification bodies undertaking product certification activities shall also possess such technical capability as examination and inspection corresponding to the relevant product certification activities.
Article 11 The establishment of certification bodies with foreign investment shall conform to the following conditions, besides those prescribed in Article 10 of these Regulations;
1. The foreign investors shall have obtained the accreditation of the accreditation organizations in their own countries or regions;
2. The foreign investors shall have experiences of engaging in certification activities for over 3 years.
The application, approval and registration for the establishment of certification bodies with foreign investment shall be handled pursuant to the relevant foreign investment laws, administrative regulations and the pertinent provisions of the State.
Article 12 The procedures for the application and approval of the establishment of a certification body:
1. The applicant for the establishment of a certification body shall file an application in written form to the certification and accreditation administration department of the State Council, and submit certification documents in conformity with Article 10 of these Regulations;
2. The certification and accreditation administration department of the State Council shall, within 90 days as of accepting the application for the establishment of a certification body, make a decision on whether to approve it or not. Where the approval involves with the responsibility of relevant departments of the State Council, the opinions of whom shall be solicited. Where the approval is granted, a document of approval shall be issued to the applicant; where the approval is not granted, the applicant shall be notified in written form and the reason shall be given; and
3. The applicant shall go through the registration procedures according to law by presenting the document of approval issued by the certification and accreditation administration department of the State Council.
The certification and accreditation administration department of the State Council shall publicize the directories of the legally established certification bodies.
Article 13 The representative agency of a foreign certification organization within the territory of the People's Republic of China shall be established upon approval, and it may undertake the promotion activities related to the business scope of the organization it is subordinated after going through the registration procedures at the administration departments for industry and commerce according to law, but it may not engage in the certification activities.
The application, approval and registration of the representative agency established within the territory of the People's Republic of China by a foreign certification organization shall be handled pursuant to the relevant foreign investment laws, administrative regulations and the pertinent provisions of the State.
Article 14 The certification bodies may not have any interests relations with the administrative organs.
The certification bodies may not accept any aid or fund that may influence the objectivity and justice of the certification activities, and may not undertake any such activities that may influence the objectivity and justice of the certification activities as the products development and sale, etc.
The certification bodies may not have any interests relations with the certification clients in such aspects as capital and management.
Article 15 The persons undertaking the certification activities shall practice in one certification body, and shall not practice in two or more certification bodies at the same time.
Article 16 The inspection organizations and laboratories that issue to the public the data and results, which have the function of verification, shall possess the basic conditions and capabilities as required by the relevant laws and administrative regulations, and may carry out the corresponding activities after being recognized in accordance with the law. The results of the recognition shall be publicized by the certification and accreditation administration department of the State Council.
Chapter III Certification
Article 17 The State shall promote certification on products, services and management systems conforming to the requirements of the economic and social development.
Article 18 The certification bodies shall carry out the certification activities in light of the basic certification standards and certification rules, which shall be formulated by the certification and accreditation administration department of the State Council; where the standards and rules involve with the functions of the relative departments of the State Council, they shall be formulated by the certification and accreditation administration department of the State Council together with the relative departments of the State Council.
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