基础法律英语辅导热招
您的位置:外语教育网 > 法律英语 > 英文法规 > 正文

中华人民共和国产品质量认证管理条例 REGULATIONS OF THE PEOPLE'S REPUBLIC OF CHINA FOR THE ADMINISTRATION OF PRODUCT QUALITY CERTIFICATION

2006-05-17 15:00   我要纠错 | 打印 | 收藏 | | |

国务院令第83号
(Promulgated by Decree No. 83 of the State Council of the People's Republic of China on May 7, 1991, and effective as of the date of promulgation)
颁布日期:19910507  实施日期:19910507  颁布单位:国务院

  Chapter I General Provisions

  Article 1 These Regulations are formulated in order to ensure quality of products, improve the credibility of products, safeguard the interests of the users and consumers, facilitate international trade, and promote international cooperation in quality certification.

  Article 2 Product quality certification (hereinafter referred to as certification) is an activity of a certification body, on the basis of product standards and the relevant technical requirements and through its confirmation and issuance of a certificate and certification mark, to certify a product as in conformity with the relevant standards and technical requirements.

  Article 3 When a product has its national or sector standards to refer to, an enterprise may apply for its certification to the sector certification committee set up either by the competent department of the standardization administration under the State Council or by other departments authorized by the competent department.

  Products subject to the provisions of the State laws, administrative regulations, or rules formulated by the competent department of the standardization administration under the State Council together with the relevant administrative departments under the State Council that without being certified they may not be marketed, imported or used, shall be treated according to the State laws, administrative regulations or rules.

  Article 4 Certification is classified as safety certification and conformity certification.

  Products under safety certification must conform to the requirements of the relevant compulsory standards stipulated in the Standardization Law of the People's Republic of China (hereinafter referred to as the Standardization Law)。

  Products under conformity certification must conform to the requirements of the national or sector standards provided for by the Standardization Law.

  Article 5 The certified products shall, except for inspections subject to the State laws and administrative regulations, be exempt from any other inspection and enjoy such State prescribed preferential treatments as higher price for higher quality or priority in recommendation for national excellent quality appraisal.

  Article 6 The competent department of the standardization administration under the State Council shall be in charge of the unified administration of certification throughout the country. Sector certification committees set up either directly by the competent department of the standardization administration under the State Council or by other administrative departments under the State Council with authorization of the competent department shall be responsible for the actual operations of the certification work.

  Chapter II Organization and Management

  Article 7 The functions of the competent department of the standardization administration under the State Council in the management of the certification work are as follows:

  (1) formulating principles, policies, plans and programmes for certification;

  (2) unifying or approving patterns of certification marks;

  (3) examining and approving the compositions and articles of association of the certification committee;

  (4) examining and approving the certification testing bodies;

  (5) registering and administering certification inspectors;

  (6) examining and approving and issuing catalogues of products to be covered by certification;

  (7) publishing directories of certified products and their producers;

  (8) being responsible for conducting international activities in certification;

  (9) coordinating and settling major issues in certification work; and(10) supervising the operation of certification work.

  Article 8 A certification committee shall be composed of experts from the relevant departments of production, marketing, utilization, scientific research and quality supervision of products and its tasks are as follows:

  (1) proposing draft catalogues of products to be covered by certification;

  (2) formulating specific measures for the operation of certification;

  (3) ratifying national or sector standards for the certification purpose;

  (4) recommending testing bodies which shall undertake certification tasks;

  (5) accepting and handling applications for certification;

  (6) organizing the quality system audit of an enterprise applying for certification;

  (7) approving certification, issuing certificates and filing it with the competent department of the standardization administration under the State Council;

  (8) settling the disputes involved in certification;

  (9) being responsible for supervisions and inspections of certified products and their producers; and

  (10) revoking certificates according to law.

  Article 9 The competent departments of the standardization administration of the local people's governments at or above the county level shall exercise supervisions and inspections over certified products within their administrative areas and their tasks are as follows:

  (1) investigating and dealing with products which do not conform to the standards applied to when being certified, or products bearing counterfeit certification marks;

  (2) cooperating with the certification committees in supervising the quality of certified products; and

  (3) investigating and dealing with any other act concerning certification which is against the laws, administrative regulations or rules formulated by the competent department of the standardization administration under the State Council together with the relevant administrative departments under the State Council.

  Chapter III Qualifications and Procedures

  Article 10 Any Chinese or foreign enterprise may apply for certification. An applying enterprise shall have the following qualifications:

  (1) its product meets the requirements of national or sector standards;

  (2) its product can be produced in normal serial production with stable quality; and

  (3) the quality system of the producing enterprise conforms to the national standards for quality control and quality assurance and to the supplementary requirements thereof.

  Article 11 An enterprise shall apply for certification in accordance with the following procedures:

  (1) A Chinese enterprise shall submit its written application to the certification committee. A foreign enterprise or its sale agent shall submit its written application to the competent department of the standardization administration under the State Council or to the certification committee designated by the competent department;

  (2) The certification committee shall inform the testing bodies to conduct testing of the product;

  (3) The certification committee shall conduct quality system audit of the producing enterprise applying for certification; and

  (4) The certification committee shall issue a certificate and give permission for the use of a certification mark to the product which is qualified for certification.

  Product testing and quality system audit of a foreign enterprise may be carried out by foreign certification bodies on commission of certification committees designated by the competent department of the standardization administration under the State Council according to bilateral or multilateral agreements.

  Article 12 Enterprises which have obtained the certificates are subject to supervisions and inspections by the certification committees over their products and quality systems.

  Supervisions and inspections over the products and quality systems of the foreign enterprises which have obtained the certificates may be carried out by foreign certification bodies on commission according to bilateral or multilateral agreements.

  Article 13 When the standard applied to a certified product or the quality system of an enterprise has changed to such an extent that the product is no longer up to the qualifications it had when it was certified, the enterprise shall cease using the certification mark.

  Chapter IV Testing Bodies and Inspectors

  Article 14 Testing bodies shall be examined and accredited by the competent department of the standardization administration under the State Council before they engage in certification testing.

  Article 15 Certification inspectors shall be trained and assessed, and registered by the competent department of the standardization administration under the State Council before they carry out inspections over enterprises applying for certification (including enterprises which have received certificates)。

  Article 16 Testing bodies and inspectors undertaking certification tasks shall perform their functions and obligations set by the competent department of the standardization administration under the State Council and relevant certification committees and be subject to their supervision and check-up.

  Article 17 Testing bodies and inspectors undertaking certification tasks shall be accountable for the test reports and inspection reports they present, keep technical secrets of the certified products, and may not illegally possess the scientific and technological achievements of others.

  Chapter V Penalty Provisions

  Article 18 Any act concerning certification which violates laws, administrative regulations or rules jointly formulated by the competent department of the standardization administration under the State Council and the relevant administrative departments under the State Council shall be subject to penalty in accordance with the provisions of laws, administrative regulations or rules.

  Article 19 Should a certified product being delivered and marketed with the certification mark fails to meet the standards applied to when being certified, the competent department of the standardization administration shall order cessation of its sales and impose a fine not exceeding twice times the amount of the illegal gains.

  Should a product either uncertified or failing to pass the certification be delivered and marketed with a certification mark, the competent department of the standardization administration shall order cessation of its sales and impose a fine not exceeding three times the amount of the illegal gains, and a fine not exceeding 5,000 yuan (RMB) may be imposed on the person in charge of the law-breaking unit.

  A fine not exceeding three times the amount of the illegal gains shall be imposed by the competent department of the standardization administration for transfer of the certification mark, and a fine not exceeding 5,000 yuan (RMB) may be imposed on the person in charge of the lawbreaking unit.

  Article 20 In either of the following cases, the certificate shall be revoked by the certification committee which conferred it:

  (1) The quality of the certified product has deteriorated seriously, or the quality system of the producing enterprise is no longer up to the qualifications it had when being certified, which has caused losses and damages to users or consumers.

  (2) The supervision and inspection conclude that the certified product does not conform to the standards, for which the producing enterprise is responsible.

  Article 21 Should a certified product fails to meet the certification requirements but has been delivered and marketed, the producing enterprise shall guarantee its repair, exchange and refund. The producing enterprise shall be liable for compensation according to law when the product has caused losses and damages to users or consumers.

  Article 22 Anyone engaged in the certification management, testing and inspection who transgresses law, neglects his duties or practises favouritism and irregularities shall be subject to administrative sanctions by his employing unit. When a crime is constituted, the offender's criminal responsibilities shall be investigated by judicial authorities according to law.

  Article 23 If a party disagrees with a pecuniary penalty, an application for reconsideration of the case may be lodged within 15 days on receipt of the notification of the penalty with the administrative authorities at the next higher level of the authorities which made the penalty decision. If a party still disagrees with the decision of reconsideration, a suit may be brought to the people's court within 15 days on receipt of the decision of reconsideration. A party may also bring a suit to the people's court directly within 15 days on receipt of the notification of the penalty. The authorities which made the penalty decision shall apply to the people's court for compulsory enforcement of the decision, in case a party fails both to apply for reconsideration or initiate legal proceedings with a people's court and to comply with the penalty decision within the specified period.

  Chapter VI Supplementary Provisions

  Article 24 Certification fees shall be charged and collected from enterprises applying for certification according to the non-profit-making principle. The specific measures for charging shall be laid down separately by the competent department of the standardization administration under the State Council together with the pricing authorities of the State Council.

  Article 25 Commodity inspection bodies may carry out quality certification work on import and export commodities according to agreements signed between the national commodity inspection department and the relevant foreign bodies or on commission of the relevant foreign bodies.

  Article 26 These Regulations do not apply to military products.

  Article 27 The competent department of the standardization administration under the State Council shall be responsible for the interpretation of these Regulations.

  Article 28 These Regulations shall come into force as of the date of promulgation.

相关资讯:
网站导航:
 四六级 指南 动态 经验 试题 资料  托福 指南 动态 经验 留学 备考
 雅思 指南 动态 机经 经验 辅导  公共英语 指南 动态 备考 试题 辅导
 日语 就业 辅导 留学 考试 报考  法语 资料 文化 考试 留学 辅导
 韩语 入门 口语 阅读 留学 文化  西语 辅导 资料 考试 留学 风采
基础法律英语
350元/门
系统讲解知识,全面提升水平
课时数:18课时左右
学员 tueiwi:
自我感觉LEC考得不错,感谢外语教育网的法律英语课程老师。
学员 tyjf:
外语教育网的法律英语信息不错,希望有朝一日可以成为法律达人,顶起!
学员 Alice12345:
我报的是法律英语的辅导班。因为英语底子不太好,一直没有太大的进步。后来,我在外语教育网报名参加了网上培训。感觉老师很负责。课程内容也详细。在老师的帮助下,感觉我的法律英语的水平得到了长足的提高。很感谢法律英语的老师的教导。谢谢老师!
学员 lionm:
一直在学法律英语,但总是找不到门路。不但单词多,而且本来认识的单词意思又变了,头痛死了。听了李文沛老师的法律英语课程后,我觉得好多了。希望能网校的法律英语课程能继续开个中级班。
学员 xyz521:
我一直在找法律英语的课程都没找到,偶然的机会来到外语教育网,发现这里的法律英语的课程真的很不错、信息也很齐全,绝对支持哦!
学员 futami:
以前自己看书,感觉非常吃力,很多地方看不懂。抱着试试看的心理,我报名参加了外语教育网的基础法律英语辅导。沙老师和李老师讲得非常好,重点、难点,经过老师的系统讲解,我都基本掌握了。就连冥思苦想都不能解决的难题,也通过答疑板请教老师而得到了满意的答复。在此衷心感谢网校的老师。
学员 hnigni:
我是法律专业的本科生,因为工作的需要,必须得会法律英语,可之前在学校的时候没好好学过啊。正头疼,同事推荐了外语教育网,于是我就报了名,开始学习。在学习过程中,发现沙老师的课真的很不错,她不但英语口语发音标准,而且她授课的内容通俗易懂,很方便我们接受和学习。另外,外语教育网的教学模式很适合我这种已经参加了工作的人,可以让我兼顾工作和学习,也很不错。特此,到网上来赞一下沙老师!沙老师,谢谢您!也谢谢网校的良好服务!在外语教育网学习,真值!
版权声明
   1、凡本网注明 “来源:外语教育网”的所有作品,版权均属外语教育网所有,未经本网授权不得转载、链接、转贴或以其他方式使用;已经本网授权的,应在授权范围内使用,且必须注明“来源:外语教育网”。违反上述声明者,本网将追究其法律责任。
  2、本网部分资料为网上搜集转载,均尽力标明作者和出处。对于本网刊载作品涉及版权等问题的,请作者与本网站联系,本网站核实确认后会尽快予以处理。
  本网转载之作品,并不意味着认同该作品的观点或真实性。如其他媒体、网站或个人转载使用,请与著作权人联系,并自负法律责任。
  3、本网站欢迎积极投稿
  4、联系方式:
编辑信箱:for68@chinaacc.com
电话:010-82319999-2371