Product Quality Law of the People's Republic of China (Amended in 2009)
Product Quality Law of the People's Republic of China (Amended in 2009)
Product Quality Law of the People's Republic of China (Amended in 2009)
Order of the President of the People's Republic of China No.18
August 27, 2009
(Adopted at the 30th session of the Standing Committee of the 7th National People's Congress on February 22, 1993; promulgated by the Order of the President [1993] No.71 on February 22, 1993; amended for the first time in accordance with the Decision on Revising the Product Quality Law of the People's Republic of China adopted at the 16th Session of the Standing Committee of the 9th National People's Congress on July 8, 2000; and amended for the second time based on the Decision on Amending Certain Laws which was adopted at the 10th session of the Standing Committee of the 11th National People's Congress on August 27, 2009)
Table of Contents
Chapter I General Provisions
Chapter II Supervision over Product Quality
Chapter III Responsibilities and Obligations of Producers and Sellers in Respect of Product Quality
Section 1 Responsibilities and Obligations of Producers in Respect of Product Quality
Section 2 Responsibilities and Obligations of Sellers in Respect of Product Quality
Chapter IV Compensation for Damage
Chapter V Penalty Provisions
Chapter VI Supplementary Provisions
Chapter I General Provisions
Article 1 The Product Quality Law of the People's Republic of China (hereinafter referred to as the "Law") is enacted with a view to reinforcing the supervision and administration over product quality, improving product quality, defining the responsibilities for product quality, protecting the legitimate rights and interests of consumers and safeguarding the social and economic order.
Article 2 Anyone who manufactures or sells any product within the territory of the People's Republic of China shall abide by the Law.
For the purpose of the Law, products refer to products processed or manufactured for sale.
The Law does not apply to construction projects. However, the construction materials, structural components and fittings, and equipment that are used for construction projects and fall within the category of products as provided in the previous paragraph shall be governed by the Law.
Article 3 Producers and sellers shall establish and improve their internal product quality management systems, and rigorously implement job post-related quality standards and quality responsibilities and corresponding measures for their assessment.
(Relevant articles: Articles 1)
Article 4 Producers and sellers shall be responsible for product quality in accordance with the Law.
Article 5 It is forbidden to forge or fraudulently use certification marks or other quality marks; to forge the origin of products, or to forge or fraudulently use the factory names or factory addresses of others; to mix impurities or imitations into products that are manufactured or for sale, or to pass fake goods off as genuine ones or shoddy products as good ones.
Article 6 The State encourages the use of scientific quality management methods and adoption of advanced science and technology, and encourages enterprises to make their product quality reach or surpass the trade standards, national standards and even international standards.
The entities and individuals that have made outstanding achievements in exercising advanced management of product quality and in bringing product quality up to the advanced international levels shall be awarded.
Article 7 The people's governments at all levels shall ensure the implementation of the Law by incorporating the improvement to product quality into their plans for national economic and social development, reinforcing the overall planning, organization and leadership regarding product quality, instructing and urging producers and sellers to reinforce the management of product quality and improve product quality, and organizing relevant departments to lawfully take measures for stopping any violations of the Law in the process of product production and selling.
Article 8 The product quality supervision department under the State Council is responsible for nationwide product quality supervision. All the relevant departments under the State Council are in charge of product quality supervision according to their respective responsibilities.
Local product quality supervision departments at or above the county level are responsible for product quality supervision within their own administrative areas. The relevant departments of the local people's governments at or above the county level are responsible for product quality supervision according to their respective responsibilities.
If the product quality supervision departments are otherwise provided by the law, such provisions apply.
Article 9 No functionaries of the people's governments at all levels or of other state organs may abuse their power, neglect their duties or engage in malpractices for personal gain, cover up for or connive at violations of the Law in the process of product production and selling that occur within the locality or within the trade, or hinder or interfere with the lawful investigation into and handling of violations of the Law that occur in the process of product production and selling.
Where any of the local people's governments or other state organs covers up or connives at any violation of the Law that occurs in the process of product production and selling, the legal liability of the person bearing primary responsibility shall be investigated in accordance with the law.
Article 10 Any entity or individual is entitled to report about any violations of the Law to the product quality supervision departments or other relevant departments.
The product quality supervision departments and relevant departments shall keep the informers confidential and give awards thereto in accordance with the provisions of the people's governments of provinces, autonomous regions or municipalities directly under the Central Government.
Article 11 No entity or individual may prevent any qualified products produced outside of the region or trade from entering the region or trade.
Chapter II Supervision over Product Quality
Article 12 Quality of products shall undergo inspection until it proves to be up to the standards, and it is not allowed to pass off sub-standard products as standard ones.
Article 13 Industrial products which may be hazardous to human health and personal or property safety shall meet the national standards and trade standards for ensuring human health and personal or property safety. In the absence of such national standards or trade standards, the products shall conform to the requirements for ensuring human health and personal or property safety.
It is prohibited to produce or sell industrial products that do not meet the standards and requirements for ensuring human health and personal or property safety. The specific administrative measures will be enacted by the State Council.
Article 14 The State shall promotes the certification system for quality control system of enterprises according to the product quality management standards commonly accepted internationally. Enterprises may apply voluntarily for certification of their quality systems to the certification organizations recognized by the product quality supervision department under the State Council or by the departments authorized by the product quality supervision department under the State Council. The certification organizations shall issue certification certificates for quality systems to the qualified enterprises.
The State promotes the certification system for product quality with reference to the internationally advanced product quality standards and technical requirements. Enterprises may apply voluntarily for certification of the quality of their products with to the certification organizations recognized by the product quality supervision department under the State Council or by the departments authorized by the product quality supervision department under the State Council. The certification organizations shall issue certification certificates for product quality to the qualified enterprises, and the qualified enterprises are allowed to use product quality certification marks on the products or on the packages thereof.
Article 15 The State, with respect to product quality, adopts a supervision and inspection system with random inspection as the main method. The products that may endanger human health and personal or property safety, the important industrial products that influence the national economy and the people's livelihood and the products that have been reported by consumers or relevant organizations as defective in quality are subject to random inspection. The samples for random inspection shall be randomly taken from the market or the products for sale stored in the warehouse of an enterprise. The supervision and random inspection shall be planned and organized by the product quality supervision department under the State Council. The local product quality supervision departments at or above the county level may also organize the supervision and random inspection within their own administrative areas. Where the supervision and inspection over product quality are otherwise provided by the law, such provisions apply.
The products subject to national supervision and random inspection shall not be subject to any repeated random inspection by local departments; the products subject to the supervision and random inspection by the department at a higher level shall not be subject to any repeated random inspection by the department at a lower level.
Products may be tested according to the needs of the supervision and random inspection.
......
Order of the President of the People's Republic of China No.18
August 27, 2009
(Adopted at the 30th session of the Standing Committee of the 7th National People's Congress on February 22, 1993; promulgated by the Order of the President [1993] No.71 on February 22, 1993; amended for the first time in accordance with the Decision on Revising the Product Quality Law of the People's Republic of China adopted at the 16th Session of the Standing Committee of the 9th National People's Congress on July 8, 2000; and amended for the second time based on the Decision on Amending Certain Laws which was adopted at the 10th session of the Standing Committee of the 11th National People's Congress on August 27, 2009)
Table of Contents
Chapter I General Provisions
Chapter II Supervision over Product Quality
Chapter III Responsibilities and Obligations of Producers and Sellers in Respect of Product Quality
Section 1 Responsibilities and Obligations of Producers in Respect of Product Quality
Section 2 Responsibilities and Obligations of Sellers in Respect of Product Quality
Chapter IV Compensation for Damage
Chapter V Penalty Provisions
Chapter VI Supplementary Provisions
Chapter I General Provisions
Article 1 The Product Quality Law of the People's Republic of China (hereinafter referred to as the "Law") is enacted with a view to reinforcing the supervision and administration over product quality, improving product quality, defining the responsibilities for product quality, protecting the legitimate rights and interests of consumers and safeguarding the social and economic order.
Article 2 Anyone who manufactures or sells any product within the territory of the People's Republic of China shall abide by the Law.
For the purpose of the Law, products refer to products processed or manufactured for sale.
The Law does not apply to construction projects. However, the construction materials, structural components and fittings, and equipment that are used for construction projects and fall within the category of products as provided in the previous paragraph shall be governed by the Law.
Article 3 Producers and sellers shall establish and improve their internal product quality management systems, and rigorously implement job post-related quality standards and quality responsibilities and corresponding measures for their assessment.
(Relevant articles: Articles 1)
Article 4 Producers and sellers shall be responsible for product quality in accordance with the Law.
Article 5 It is forbidden to forge or fraudulently use certification marks or other quality marks; to forge the origin of products, or to forge or fraudulently use the factory names or factory addresses of others; to mix impurities or imitations into products that are manufactured or for sale, or to pass fake goods off as genuine ones or shoddy products as good ones.
Article 6 The State encourages the use of scientific quality management methods and adoption of advanced science and technology, and encourages enterprises to make their product quality reach or surpass the trade standards, national standards and even international standards.
The entities and individuals that have made outstanding achievements in exercising advanced management of product quality and in bringing product quality up to the advanced international levels shall be awarded.
Article 7 The people's governments at all levels shall ensure the implementation of the Law by incorporating the improvement to product quality into their plans for national economic and social development, reinforcing the overall planning, organization and leadership regarding product quality, instructing and urging producers and sellers to reinforce the management of product quality and improve product quality, and organizing relevant departments to lawfully take measures for stopping any violations of the Law in the process of product production and selling.
Article 8 The product quality supervision department under the State Council is responsible for nationwide product quality supervision. All the relevant departments under the State Council are in charge of product quality supervision according to their respective responsibilities.
Local product quality supervision departments at or above the county level are responsible for product quality supervision within their own administrative areas. The relevant departments of the local people's governments at or above the county level are responsible for product quality supervision according to their respective responsibilities.
If the product quality supervision departments are otherwise provided by the law, such provisions apply.
Article 9 No functionaries of the people's governments at all levels or of other state organs may abuse their power, neglect their duties or engage in malpractices for personal gain, cover up for or connive at violations of the Law in the process of product production and selling that occur within the locality or within the trade, or hinder or interfere with the lawful investigation into and handling of violations of the Law that occur in the process of product production and selling.
Where any of the local people's governments or other state organs covers up or connives at any violation of the Law that occurs in the process of product production and selling, the legal liability of the person bearing primary responsibility shall be investigated in accordance with the law.
Article 10 Any entity or individual is entitled to report about any violations of the Law to the product quality supervision departments or other relevant departments.
The product quality supervision departments and relevant departments shall keep the informers confidential and give awards thereto in accordance with the provisions of the people's governments of provinces, autonomous regions or municipalities directly under the Central Government.
Article 11 No entity or individual may prevent any qualified products produced outside of the region or trade from entering the region or trade.
Chapter II Supervision over Product Quality
Article 12 Quality of products shall undergo inspection until it proves to be up to the standards, and it is not allowed to pass off sub-standard products as standard ones.
Article 13 Industrial products which may be hazardous to human health and personal or property safety shall meet the national standards and trade standards for ensuring human health and personal or property safety. In the absence of such national standards or trade standards, the products shall conform to the requirements for ensuring human health and personal or property safety.
It is prohibited to produce or sell industrial products that do not meet the standards and requirements for ensuring human health and personal or property safety. The specific administrative measures will be enacted by the State Council.
Article 14 The State shall promotes the certification system for quality control system of enterprises according to the product quality management standards commonly accepted internationally. Enterprises may apply voluntarily for certification of their quality systems to the certification organizations recognized by the product quality supervision department under the State Council or by the departments authorized by the product quality supervision department under the State Council. The certification organizations shall issue certification certificates for quality systems to the qualified enterprises.
The State promotes the certification system for product quality with reference to the internationally advanced product quality standards and technical requirements. Enterprises may apply voluntarily for certification of the quality of their products with to the certification organizations recognized by the product quality supervision department under the State Council or by the departments authorized by the product quality supervision department under the State Council. The certification organizations shall issue certification certificates for product quality to the qualified enterprises, and the qualified enterprises are allowed to use product quality certification marks on the products or on the packages thereof.
Article 15 The State, with respect to product quality, adopts a supervision and inspection system with random inspection as the main method. The products that may endanger human health and personal or property safety, the important industrial products that influence the national economy and the people's livelihood and the products that have been reported by consumers or relevant organizations as defective in quality are subject to random inspection. The samples for random inspection shall be randomly taken from the market or the products for sale stored in the warehouse of an enterprise. The supervision and random inspection shall be planned and organized by the product quality supervision department under the State Council. The local product quality supervision departments at or above the county level may also organize the supervision and random inspection within their own administrative areas. Where the supervision and inspection over product quality are otherwise provided by the law, such provisions apply.
The products subject to national supervision and random inspection shall not be subject to any repeated random inspection by local departments; the products subject to the supervision and random inspection by the department at a higher level shall not be subject to any repeated random inspection by the department at a lower level.
Products may be tested according to the needs of the supervision and random inspection.
......