Decisions of the Standing Committee of the National People's Congress on Amending the Product Quality Law of the People's Republic of China
Decisions of the Standing Committee of the National People's Congress on Amending the Product Quality Law of the People's Republic of China
Decisions of the Standing Committee of the National People's Congress on Amending the Product Quality Law of the People's Republic of China
Order of the President [2000] No.33
July 8, 2000
The Decisions of the Standing Committee of the National People's Congress on Amending the Product Quality Law of the People's Republic of China, which were adopted at the 16th meeting of the ninth National People's Congress of the People's Republic of China on July 8, 2000, are hereby promulgated and shall come into force as of September 1, 2000.
Jiang Zemin, President of the People's Republic of China
Decisions of the Standing Committee of the National People's Congress on Amending the Product Quality Law of the People's Republic of China
(Adopted at the 16th meeting of the Standing Committee of the 9th National People's Congress on July 8, 2000)
It is decided at the 16th meeting of the Standing Committee of the 9th National People's Congress to make the following amendments to the Product Quality Law of the People's Republic of China:
I. Article 1 is amended as: "This Law is formulated for the purpose of reinforcing the supervision and administration of product quality, improving the quality of products, clarifying the liabilities for product quality, protecting the legitimate rights and interests of consumers, and maintaining the social and economic order."
II. Paragraph 3 of Article 2 is amended as: "This Law shall not apply to construction projects. However, the building materials, the structural components, fittings and equipment for construction use that fall within the product scope as prescribed in the preceding paragraph shall be governed by this Law."
III. One article is added as Article 3: "Producers and sellers shall establish and improve their own proper rules for the management of product quality, rigorously implement post-related quality norms, quality liabilities and relevant measures for their assessment."
IV. One article is added as Article 7: "The people's governments at all levels shall ensure the implementation of this Law by incorporating the improvement of product quality into their plans for national economy and social development, reinforcing the integrated planning and organization regarding product quality, guiding, supervising and urging producers and sellers to reinforce the management of product quality and improve the quality of products, organizing relevant departments to lawfully take measures for stopping the acts that violate this Law in the making or sale of products."
V. Article 6 is renumbered as Article 8, and is amended as: "The product quality supervisory department of the State Council shall take charge of the supervision of the quality of products of the whole country. Other relevant departments of the State Council shall take charge of the supervision of product quality within their respective scope of duties.
"The local product quality supervisory departments at the county level or above shall take charge of the supervision of product quality within their respective jurisdictions. Other relevant departments of the local people's governments at the county level or above shall take charge of the supervision of product quality within their respective scope of duties.
"Where there are otherwise different provisions in any law concerning the product quality supervisory departments, such legal provisions shall apply."
VI. One article is added as Article 9: "The staff members of the people's governments at all levels and other state organs may not abuse their powers, neglect their duties or practice misconducts in favor of themselves or their relatives, nor may them cover up or give loose to the acts in violation of this Law that occur within the locality or within the sector, hinder or meddle with the investigation on the acts in violation of this Law that occurred in the making or sale of products.
"Where a local people's government at any level or any other state organ covers up or gives loose to the violations of this Law that occur in the making or sale of products, the principal person-in-charge shall be subject to legal liabilities in accordance with the law."
VII. One article is added as Article 10: "Any entity or individual shall be entitled to expose any act in violation of this Law to the product quality supervisory department or other relevant departments.
"The product quality supervisory department and relevant departments shall keep all information about exposers as confidential and give awards to them in accordance with the provisions of the province, autonomous region, or municipality directly under the Central Government."
VIII. One article is added as Article 11: "No entity or individual may prevent any of the qualified products produced outside the present region or sector from entering into this region or sector."
IX. Article 8 is renumbered as Article 13, and one paragraph is added as Paragraph 2: "It shall be prohibited to produce or sell industrial products that do not meet the standards or requirements for safeguarding human health or the personal or property safety. The specific measures for administration shall be formulated by the State Council."
X. Article 10 is renumbered as Article 15, and is amended as: "The state adopts a supervision and inspection system based on random inspection to product quality, and makes random inspections on the products that may endanger human health or personal or property safety, the important industrial products that have a big impact on the national economy and the products that have been reported by consumers or relevant organizations as to be defective in quality.
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