The General Office of the Ministry of Industry and Information Technology ("MIIT") has recently issued the Implementing Measures for the Regulation under the "Dual Randomness and One Publicity" Mechanism (the "Measures"), immediately effective from the issue date.
Major contents in the Measures include making clear the definition and the assignment of duties, preparing the list of randomly inspected items, developing relevant lists, specifying how subjects to be inspected will be drawn at random, preventing any disturbance caused by inspections to residents, creating the spot check publication system, and establishing the connection between random spot checks and routine inspections. According to the Measures, the functional department or bureau of the MIIT will, before carrying out spot checks, draw subjects at random by means of lottery, automatic selection or otherwise from the list of market players to undergo such spot checks and choose personnel at random from the list of inspectors to perform the spot checks; where it is necessary to have experts engaged, the experts shall also be selected randomly from the list of experts. The Measures require that in a single year, each subject will undergo one spot check at most for a particular affair in principle, except for designated circumstances; if several offices of a department or bureau of the MIIT need to check several inspected items over a subject within a quarter, they shall jointly perform the spot check to look into all items at one time; however, if it is impossible to perform the spot check together, subjects that have undergone spot checks performed by other offices shall be excluded in principle.