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中华人民共和国计量法实施细则(一)

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中华人民共和国计量法实施细则
RULES FOR THE IMPLEMENTATION OF THE METROLOGY LAW OF THE PEOPLE'S REPUBLIC OF CHINA

(Approved by the State Council on January 19, 1987 and promulgated by the State Measurement Bureau on February 1, 1987)
颁布日期:19870201  实施日期:19870201  颁布单位:国务院

  Chapter I General Provisions

  Article 1 These Rules are formulated according to the provisions of the Metrology Law of the People's Republic of China.

  Article 2 A system of legal measures is implemented in the country. The procedures for designating the names and symbols of legal measurement units and for abolishing the non-legal measurement units shall be implemented according to the relevant stipulations of the State Council concerning uniform application of legal measures in our country.

  Article 3 The State develops measurement facilities in a planned way and fits out measurement agencies at various levels with modern technology and equipment so that they may serve to promote China's socialist modernizations, provide measurement guarantee for our industrial and agricultural production, the building up of our national defence, scientific experiments, domestic and foreign trade and the people's health and safety, and protect the interests of the State and the people.

  Chapter II Datum Instruments of Measurement and Standard Instruments of Measurement

  Article 4 The following requirements must be met in using datum instruments of measurement (hereinafter referred to as datum instruments):

  (1) they must pass the appraisement of the State;

  (2) there must be such environmental conditions as required for their normal operations;

  (3) there must be competent personnel in charge of their safekeeping, maintenance and application;

  (4) there must be a perfect system of administration.

  Those units which meet the above-mentioned requirements can use datum instruments only after they pass the examination and approval by the Measurement Administration under the State Council and receive the relevant certificate from it.

  Article 5 No unit or individual shall dismantle or refit datum instruments or suspend the work concerning measurement examination and determination without the approval of the Measurement Administration under the State Council.

  Article 6 The measurement values of the datum instruments should be the same as international measurement values. The Measurement Administration under the State Council has the right to abolish those datum instruments which are backward in technology or those instruments whose performance cannot meet the present requirements.

  Article 7 The following requirements must be met in using standard instruments of measurement (hereinafter referred to as standard instruments):

  (1) they must pass measurement examination and determination;

  (2) there must be such environmental conditions as required for their normal operations;

  (3) there must be competent personnel in charge of their safekeeping, maintenance and application;

  (4) there must be a perfect system of administration.

  Article 8 Public standard instruments function as notaries in exercising measurement supervision in the society. In designating the public standard instruments of the highest class in the local areas, the administrative departments for measurement in the people's governments above the county level must apply to the measurement departments immediately above its own level for examination. The examination of public standard instruments of other classes may be conducted under the direction of the administrative departments for measurement of the local people's governments.

  Those public standard instruments, which have proved up to the requirements laid down in Article 7 of these Rules and obtained certificates of examination, shall be used only after the relevant certificates are issued after the examination and approval by the administrative departments for measurement of the people's governments above the county level.

  Article 9 The standard instruments of the highest class in various fields should be designated by the relevant competent departments under the State Council and by those in the people's governments in the provinces, autonomous regions and the municipalities directly under the Central Government.

  These standard instruments must pass the examination by the administrative department for measurement in the people's governments at the same level and those instruments which meet the requirements provided for in Article 7 of these Rules and obtain certificates of examination may be used only after the approval by the relevant competent departments.

  Article 10 In designating various standard instruments of the highest class for their own units, enterprises and institutions must apply for examination to the administrative departments for measurement which are at the same levels as their competent departments in the people's governments. Township enterprises should apply for examination to the administrative departments for measurement in the local people's governments at the county level.

  Those instruments which meet the requirements provided for in Article 7 of these Rules and obtain certificates of examination may be used by the relevant enterprises and institutions, which should report to their competent authorities for the record.

  Chapter III Measurement Examination and Determination

  Article 11 The units and individuals using standard instruments which have gone through compulsory examination and determination should apply for periodic examination and determination to the relevant administrative department for measurement of the people's government which has been responsible for examining the instruments.

  The units and individuals using the working measurement instruments which have gone through compulsory examination and determination should apply for periodic examination and determination to the relevant measurement examination and determination agencies designated by the administrative departments for measurement of the local people's governments at the county (municipality) level. If it cannot be done locally, it is necessary to apply for periodic examination and determination to the measurement examination and determination agencies designated by the next higher administrative departments.

  Article 12 Enterprises and institutions should equip themselves with the facilities for checking and testing measurement instruments commensurate with their needs in production, scientific research and management and business operations, formulate specific procedures and regulations concerning examination and determination, work out detailed catalogues of measurement instruments of their units and fix the corresponding periods for examination and determination, and ensure that their measurement instruments which are not subject to compulsory examination and determination are regularly checked and tested.

  Article 13 The work of measurement examination and determination shall be conducted on the principle of economy, rationality and geographical proximity, and it should not be restricted by administrative divisions and departmental jurisdiction.

  Chapter IV Manufacture and Repair of Measurement Instruments

  Article 14 Enterprises and institutions applying for Licences for Manufacturing Measurement Instruments should pass the examination by the administrative departments for measurement at the same levels with the competent authorities of the people's governments in their localities. Township enterprises should be examined by the administrative departments for measurement of the local people's governments at the county level. Those enterprises and institutions which have obtained Licences for Manufacturing Measurement Instruments by passing the examination are allowed to use the uniform marks stipulated by the State. Only then may the relevant competent authorities approve of their production.

  Article 15 Enterprises and institutions which do business in measurement instruments repairs may apply for examination directly to the administrative departments for measurement of the local people's governments at the county (municipality) level in order to obtain the Licence for Repairing Measurement Instruments. If it cannot be done locally, applications for examination may be submitted to the administrative departments for measurement of the people's governments at the next higher level. Only those enterprises and institutions which have obtained Licence for Repairing Measurement Instruments by passing the examination may be allowed to use the uniform marks stipulated by the State and start business operations.

  Article 16 The individual industrial and commercial businesses which are engaged in manufacturing or repairing measurement instruments must have regular business premises. Those which want to apply for the Licence for Manufacturing Measurement Instruments or the Licence for Repairing Measurement Instruments may do so according to the procedures provided for in Article 15 of these Rules. If they move to do business in other places, they must send the original licence to the administrative department for measurement of the local people's government where they have moved, for verification and approval before they can apply for new business licences.

  Article 17 The examination for enterprises, institutions or individual industrial and commercial businesses which apply for the Licence for Manufacturing Measurement Instruments and the Licence for Repairing Measurement Instruments consists of the following items:

  (1) production facilities;

  (2) facilities for testing and determining products;

  (3) technical levels of the workers and staff members;

  (4) relevant technical documents and regulations and rules concerning measurements.

  Article 18 The product design of a new measurement instrument, which has never been produced in the country, must be appraised before it can be manufactured. When the product design has been finalized, it is necessary to go through formalities of model approval and obtain the relevant certificate. New products whose designs have been finalized in the country but have never been produced by the producer must be tested and their prototypes be made.

  A certificate of quality shall be issued after the test of prototype is passed. Those measurement instruments which have not obtained model approval or certificates of quality of their prototypes shall not be allowed to be produced.

  Article 19 The product design appraisement of a new measurement instrument shall be conducted by the technical agency authorized by the measurement administration under the State Council. Prototypes of the instrument shall be tested by the technical agency authorized by the administrative department for measurement of the local people's government at the provincial level.

  The models of new measurement instruments shall be approved by the administrative departments for measurement of the local people's governments at the provincial level. The models approved by such departments can be used as nationally applicable models after they have been finalized by the measurement administration under the State Council.

  Article 20 The Units applying for model design appraisement for a new measurement instrument and prototype testing should provide a prototype of the new product, and the relevant technical documents and data.

  The units responsible for the appraisement and testing must withhold secret of the prototype, the technical documents and data provided by the applicants.

  Article 21 The various relevant competent authorities should strengthen control over the quality of the measurement instruments manufactured and repaired by the enterprises and institutions. The administrative departments for measurement in the people's governments above the county level are empowered to carry out supervision and inspection, including sampling and supervised testing. The measurement instruments without stamps or certificates of quality or those measurement instruments which have failed to pass the examination and determination shall not be allowed to leave the factories.

  Chapter V Marketing and Use of Measurement Instruments

  Article 22 Foreign businessmen selling measurement instruments in China must apply for model approval to the measurement administration under the State Council according to the provisions in Article 18 of these Rules.

  Article 23 The administrative departments for measurement of the people's governments above the county level exercise supervision and inspection over the measurement instruments sold locally. The instruments without quality stamps or certificates of quality or the marks of the Licence for Manufacturing Measurement Instruments may not be marketed.

  Article 24 No units or individuals may deal in rejected or defective spares and components of measurement instruments or use them in assembling and repairing measurement instruments.

  Article 25 No units or individuals may use in their work the measurement instruments without quality stamps or certificates of examination and determination or those instruments which have exceeded the period of examination and determination or those instruments which have been rejected in examination and determination. This provision does not apply to the measurement instruments used in teaching demonstration.

  Chapter VI Measurement Supervision

  Article 26 The responsibilities of the measurement administration under the State Council and the administrative departments for measurement of the local people's governments above the county level in the supervision over and implementation of the laws and regulations concerning measurement are as follows:

  (1) carrying out the State policies, measures and regulations concerning measurement and promoting the adoption of the State legal measurement units;

  (2) making and coordinating development plans for measurement undertakings, designating datum instruments and public standard instruments, organizing the transmission of measurement values;

  (3) exercising supervision over the manufacturing, repairing, marketing and using of measurement instruments;

  (4) conducting measurement attestation, organizing arbitration over examination and determination and mediating disputes over measurement;

  (5) supervising and checking the implementation of measurement laws and regulations, and dealing with violations of these laws and regulations in accordance with the relevant provisions of these Rules.

  Article 27 The measurement control personnel at the administrative departments for measurement of the people's governments above the county level are responsible for measurement supervision and administration. Measurement inspectors are responsible for circuit checking in the prescribed areas and places and may, within their stipulated authority, deal, on the spot, with violations of measurement laws and regulations and mete out administrative sanctions on the merit of each case.

  Measurement inspectors must pass the examination supervised by the administrative departments for measurement of the people's governments above the county level, which shall appoint the inspectors and issue relevant certificates.

  Article 28 The agencies for measurement examination and determination set up according to law by the administrative departments for measurement of the people's governments above the county level are legal agencies of the State. Their responsibilities are: designating datum instruments and public standard instruments, conducting transmission of measurement values, carrying out compulsory examination and determination as well as other examination and determination and testing prescribed by law, drafting regulations concerning technical specifications to provide technical guarantee for exercising measurement supervision and handling other matters concerning measurement supervision.

  Article 29 The personnel in charge of measurement examination and determination in the State legal agencies for measurement examination and determination must pass the examinations supervised by the administrative departments for measurement of the people's governments above the county level and must obtain the necessary certificates. The personnel in charge of measurement examination and determination in other units should pass the examinations supervised by their higher competent authorities and obtain the relevant certificates. People without the certificates for measurement examination and determination may not do the work in this field. The grading of the technical posts of the personnel in charge of measurement examination and determination shall be stipulated by the measurement administration under the State Council in conjunction with the relevant competent authorities.

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