The State Administration for Market Regulation ("SAMR") has recently enacted and issued the Administrative Measures for Compulsory National Standards (the "Measures"), with effect from June 1, 2020.
The Measures state that social groups, enterprises, public institutions, and citizens may propose establishing projects for certain compulsory national standards with the administrative authority of standardization under the State Council, adding that the administrative authority of standardization under the State Council will consider and decide on the proposed projects in concert with other relevant administrative authorities of the State Council, if it deems it is necessary to establish such projects. In addition, the Measures expressly state that during the period after the release of a new compulsory national standard and before its implementation, enterprises may select to execute the original compulsory national standard or implement the new one. Moreover, the Measures stress that any entity or individual shall have the right to report or lodge a complaint about any practices in breach of these Measures, to the administrative authority of standardization or to a relevant administrative authority, adding that the administrative authority of standardization and the relevant administrative authorities shall deal with reporting and complaints according to their respective duties and functions, and shall inform real-name whistleblowers or complainants of the processing results, keep information on whistleblowers confidential, and offer incentives to whistleblowers in accordance with applicable state provisions.