Regulations of the People's Republic of China on Certification and Accreditation (Revised in 2016)
Regulations of the People's Republic of China on Certification and Accreditation (Revised in 2016)
Regulations of the People's Republic of China on Certification and Accreditation (Revised in 2016)
Order of the State Council of the People's Republic of China No.666
February 6, 2016
(Adopted at the 18th executive meeting of the State Council on August 20, 2003; promulgated and implemented by the Order of the State Council of the People's Republic of China No. 390 on September 3, 2003; and revised for the first time in accordance with the Decision of the State Council on Revising Certain Administrative Regulations on February 6, 2016)
Chapter I General Provisions
Article 1 These Regulations are hereby formulated with a view to regulating the certification and accreditation activities, improving the quality of products and services and the level of administration, as well as promoting the economic and social development.
Article 2 The term "certification" as mentioned in these Regulations refers to the assessment activities carried out by the certification bodies to testify whether the products, services, and management systems are in conformity with the relevant technical norms and their compulsive requirements or standards.
The term "accreditation" as mentioned in these Regulations refers to the assessment activities carried out by the accreditation bodies to recognize the capabilities and qualifications of the certification bodies, inspection organizations and laboratories, and practicing personnel engaging in such certification activities as appraisal and examination, etc.
Article 3 Where the certification and accreditation activities are undertaken within the territory of the People's Republic of China, these Regulations shall be observed.
Article 4 The State shall implement a uniform certification and accreditation administration system.
The State shall apply the working mechanism on certification and accreditation which all the relevant departments shall implement together under the uniform administration, supervision and comprehensive coordination of the certification and accreditation administration department of the State Council.
Article 5 The certification and accreditation administration department of the State Council shall strengthen the supervision over and administration of the activities of the certification training institutions and certification consultation institutions in accordance with the law.
Article 6 The principles of objectivity, independence, openness, justice, honesty and good faith shall be observed in carrying out the certification and accreditation activities.
Article 7 The State encourages the international mutual recognition activities of certification and accreditation to be carried out on the basis of equality and mutual benefits. The international mutual recognition activities of certification and accreditation shall not impair the national security and public interests.
Article 8 The organizations and persons undertaking the certification and accreditation activities shall be obliged to keep the state secrets and commercial secrets they know confidential.
Chapter II Certification Bodies
Article 9 Organizations applying for certification agency qualification shall obtain approval of the certification and accreditation administrative department of the State Council, and undertake certification activities within the approved scope.
Any entity or person may not undertake certification activities without approval.
Article 10 Organizations applying for certification agency qualification shall satisfy the following criteria:
1. obtained a legal person status;
2. has fixed premises and the requisite facilities;
3. has management systems which comply with certification and accreditation requirements;
4. has a registered capital of not less than 3 million yuan; and
5. equipped with more than 10 full-time certification personnel for the corresponding sectors.
Certification bodies undertaking product certification activities shall also possess such technical capability as examination and inspection corresponding to the relevant product certification activities.
Article 11 Foreign investment enterprises applying for certification agency qualification shall, in addition to satisfying the criteria stipulated in Article 10, satisfy the following criteria:
1. the foreign investor is certified by a certification agency in its home country or region; and
2. the foreign investor has three or more years of experience in undertaking certification activities.
Application, approval and registration of certification agency qualification of foreign investment enterprises shall also comply with the relevant foreign investment laws and administrative regulations and the relevant provisions of the State.
Article 12 Application and approval procedures for certification agency qualification:
1. Applicants for certification agency qualification shall submit a written application to the certification and accreditation administrative department of the State Council, and submit materials to prove that they satisfy the criteria stipulated in Article 10 of these Regulations;
2. The certification and accreditation administrative department of the State Council shall decide on approval or non-approval within 45 days from acceptance of an application for certification agency qualification. Where an application involves the duties of the relevant State Council department, the opinion of such State Council department shall be obtained. Approval documents shall be issued to successful applicants. Unsuccessful applicants shall be notified in writing and the reason for non-approval shall be stated.
The certification and accreditation administrative department of the State Council shall publish the list of enterprises which have obtained certification agency qualification pursuant to the law.
Article 13 Overseas certification agencies establishing a representative office in the People's Republic of China shall only engage in promotional activities relating to the scope of business of the parent organization upon completion of registration formalities with the administration for industry and commerce pursuant to the law, but shall not undertake certification activities.
"Registration for establishment of representative office in China by overseas certification agencies shall be handled pursuant to the relevant foreign investment laws and administrative regulations and the relevant provisions of the State.
Article 14 The certification bodies may not have any interests relations with the administrative organs.
The certification bodies may not accept any aid or fund that may influence the objectivity and justice of the certification activities, and may not undertake any such activities that may influence the objectivity and justice of the certification activities as the products development and sale, etc.
The certification bodies may not have any interests relations with the certification clients in such aspects as capital and management.
Article 15 The persons undertaking the certification activities shall practice in one certification body, and shall not practice in two or more certification bodies at the same time.
Article 16 The inspection organizations and laboratories that issue to the public the data and results, which have the function of verification, shall possess the basic conditions and capabilities as required by the relevant laws and administrative regulations, and may carry out the corresponding activities after being recognized in accordance with the law. The results of the recognition shall be publicized by the certification and accreditation administration department of the State Council.
Chapter III Certification
Article 17 The State shall promote certification on products, services and management systems conforming to the requirements of the economic and social development.
Article 18 The certification bodies shall carry out the certification activities in light of the basic certification standards and certification rules, which shall be formulated by the certification and accreditation administration department of the State Council; where the standards and rules involve with the functions of the relative departments of the State Council, they shall be formulated by the certification and accreditation administration department of the State Council together with the relative departments of the State Council.
......
Order of the State Council of the People's Republic of China No.666
February 6, 2016
(Adopted at the 18th executive meeting of the State Council on August 20, 2003; promulgated and implemented by the Order of the State Council of the People's Republic of China No. 390 on September 3, 2003; and revised for the first time in accordance with the Decision of the State Council on Revising Certain Administrative Regulations on February 6, 2016)
Chapter I General Provisions
Article 1 These Regulations are hereby formulated with a view to regulating the certification and accreditation activities, improving the quality of products and services and the level of administration, as well as promoting the economic and social development.
Article 2 The term "certification" as mentioned in these Regulations refers to the assessment activities carried out by the certification bodies to testify whether the products, services, and management systems are in conformity with the relevant technical norms and their compulsive requirements or standards.
The term "accreditation" as mentioned in these Regulations refers to the assessment activities carried out by the accreditation bodies to recognize the capabilities and qualifications of the certification bodies, inspection organizations and laboratories, and practicing personnel engaging in such certification activities as appraisal and examination, etc.
Article 3 Where the certification and accreditation activities are undertaken within the territory of the People's Republic of China, these Regulations shall be observed.
Article 4 The State shall implement a uniform certification and accreditation administration system.
The State shall apply the working mechanism on certification and accreditation which all the relevant departments shall implement together under the uniform administration, supervision and comprehensive coordination of the certification and accreditation administration department of the State Council.
Article 5 The certification and accreditation administration department of the State Council shall strengthen the supervision over and administration of the activities of the certification training institutions and certification consultation institutions in accordance with the law.
Article 6 The principles of objectivity, independence, openness, justice, honesty and good faith shall be observed in carrying out the certification and accreditation activities.
Article 7 The State encourages the international mutual recognition activities of certification and accreditation to be carried out on the basis of equality and mutual benefits. The international mutual recognition activities of certification and accreditation shall not impair the national security and public interests.
Article 8 The organizations and persons undertaking the certification and accreditation activities shall be obliged to keep the state secrets and commercial secrets they know confidential.
Chapter II Certification Bodies
Article 9 Organizations applying for certification agency qualification shall obtain approval of the certification and accreditation administrative department of the State Council, and undertake certification activities within the approved scope.
Any entity or person may not undertake certification activities without approval.
Article 10 Organizations applying for certification agency qualification shall satisfy the following criteria:
1. obtained a legal person status;
2. has fixed premises and the requisite facilities;
3. has management systems which comply with certification and accreditation requirements;
4. has a registered capital of not less than 3 million yuan; and
5. equipped with more than 10 full-time certification personnel for the corresponding sectors.
Certification bodies undertaking product certification activities shall also possess such technical capability as examination and inspection corresponding to the relevant product certification activities.
Article 11 Foreign investment enterprises applying for certification agency qualification shall, in addition to satisfying the criteria stipulated in Article 10, satisfy the following criteria:
1. the foreign investor is certified by a certification agency in its home country or region; and
2. the foreign investor has three or more years of experience in undertaking certification activities.
Application, approval and registration of certification agency qualification of foreign investment enterprises shall also comply with the relevant foreign investment laws and administrative regulations and the relevant provisions of the State.
Article 12 Application and approval procedures for certification agency qualification:
1. Applicants for certification agency qualification shall submit a written application to the certification and accreditation administrative department of the State Council, and submit materials to prove that they satisfy the criteria stipulated in Article 10 of these Regulations;
2. The certification and accreditation administrative department of the State Council shall decide on approval or non-approval within 45 days from acceptance of an application for certification agency qualification. Where an application involves the duties of the relevant State Council department, the opinion of such State Council department shall be obtained. Approval documents shall be issued to successful applicants. Unsuccessful applicants shall be notified in writing and the reason for non-approval shall be stated.
The certification and accreditation administrative department of the State Council shall publish the list of enterprises which have obtained certification agency qualification pursuant to the law.
Article 13 Overseas certification agencies establishing a representative office in the People's Republic of China shall only engage in promotional activities relating to the scope of business of the parent organization upon completion of registration formalities with the administration for industry and commerce pursuant to the law, but shall not undertake certification activities.
"Registration for establishment of representative office in China by overseas certification agencies shall be handled pursuant to the relevant foreign investment laws and administrative regulations and the relevant provisions of the State.
Article 14 The certification bodies may not have any interests relations with the administrative organs.
The certification bodies may not accept any aid or fund that may influence the objectivity and justice of the certification activities, and may not undertake any such activities that may influence the objectivity and justice of the certification activities as the products development and sale, etc.
The certification bodies may not have any interests relations with the certification clients in such aspects as capital and management.
Article 15 The persons undertaking the certification activities shall practice in one certification body, and shall not practice in two or more certification bodies at the same time.
Article 16 The inspection organizations and laboratories that issue to the public the data and results, which have the function of verification, shall possess the basic conditions and capabilities as required by the relevant laws and administrative regulations, and may carry out the corresponding activities after being recognized in accordance with the law. The results of the recognition shall be publicized by the certification and accreditation administration department of the State Council.
Chapter III Certification
Article 17 The State shall promote certification on products, services and management systems conforming to the requirements of the economic and social development.
Article 18 The certification bodies shall carry out the certification activities in light of the basic certification standards and certification rules, which shall be formulated by the certification and accreditation administration department of the State Council; where the standards and rules involve with the functions of the relative departments of the State Council, they shall be formulated by the certification and accreditation administration department of the State Council together with the relative departments of the State Council.
......