LAWS AND REGULATIONS

(Adopted at the Fifth Meeting of the Standing Committee of the Seventh National People's Congress on December 29, 1988 and revised at the 30th meeting of the Standing Committee of the Twelfth National People's Congress on November 4, 2017)

Catalogue

Chapter I General provisions

Chapter II Formulation of standards

Chapter III Implementation of standards

Chapter IV Supervision and administration

Chapter V Legal liability

Chapter VI Supplementary Provisions

Chapter I General provisions

Article 1 This Law is enacted for the purpose of strengthening standardization, improving the quality of products and services, promoting scientific and technological progress, safeguarding personal health and safety of life and property, safeguarding national security and ecological and environmental security, and raising the level of economic and social development. 

Article 2 The standards (including standard samples) mentioned in this Law refer to the technical requirements that need to be unified in the fields of agriculture, industry, service industry and social undertakings. 

Standards include national standards, industry standards, local standards and group standards, and enterprise standards. National standards are divided into mandatory standards, recommended standards, industry standards, local standards are recommended standards. 

Mandatory standards must be enforced. The State encourages the adoption of recommended standards. 

Article 3 The tasks of standardization work are to formulate standards, organize the implementation of standards and supervise the formulation and implementation of standards. 

People's governments at or above the county level shall incorporate standardization work into their national economic and social development plans at the corresponding level, and incorporate standardization funds into their budgets at the corresponding level. 

Article 4 The formulation of standards shall, on the basis of scientific and technological research results and social practice experience, conduct in-depth investigations and arguments, solicit extensive opinions, ensure the scientificity, standardization and timeliness of the standards, and improve the quality of the standards. 

Article 5 The department of Standardization Administration under The State Council shall be in charge of the standardization work throughout the country. The relevant administrative departments under The State Council shall be responsible for the standardization work of their respective departments and trades. 

The standardization administrative departments of the local people's governments at or above the county level shall be in charge of the standardization work within their respective administrative areas. The relevant administrative departments of the local people's governments at or above the county level shall be responsible for the standardization work of their respective departments and trades within their respective administrative areas.

Article 6 The State Council shall establish a standardization coordination mechanism, make overall plans to promote major standardization reforms, study major standardization policies, and coordinate the formulation and implementation of cross-departmental and cross-field standards with major disputes.

Local people's governments at or above the city level divided into districts may, according to the needs of their work, establish standardization coordination mechanisms and coordinate major standardization issues within their respective administrative areas. 

Article 7 The State encourages enterprises, public organizations and educational and scientific research institutions to carry out or participate in standardization work. 

Article 8 The State actively promotes participation in international standardization activities, carries out standardization cooperation and exchanges with foreign countries, participates in the formulation of international standards, adopts international standards in light of national conditions, and promotes the conversion and application of Chinese standards with foreign standards. 

The State encourages enterprises, public organizations and educational and scientific research institutions to participate in international standardization activities.

Article 9 Units and individuals that have made outstanding achievements in the standardization work shall be commended and rewarded in accordance with the relevant provisions of the State.

Chapter II Formulation of standards

Article 10 Compulsory national standards shall be formulated for the technical requirements for safeguarding personal health, safety of life and property, national security, ecological and environmental security and meeting the basic needs of economic and social management.

The relevant administrative departments under The State Council shall, according to their functions and responsibilities, be responsible for proposing, organizing drafting, soliciting opinions and technical review of mandatory national standards. The department of Standardization Administration under The State Council shall be responsible for the formulation, numbering and notification of compulsory national standards. The department of Standardization Administration under The State Council shall examine whether the mandatory national standards to be formulated conform to the provisions of the preceding paragraph and approve the projects that conform to the provisions of the preceding paragraph. 

The standardization administrative department of the people's government of a province, autonomous region or municipality directly under the Central Government may put forward proposals for the establishment of mandatory national standards to the standardization administrative department under The State Council, which shall be decided by the standardization administrative department under The State Council in conjunction with the relevant administrative departments under The State Council. Social organizations, enterprises, institutions and citizens may put forward proposals for the establishment of mandatory national standards to the standardization administrative department under The State Council. Where the standardization administrative department under The State Council considers it necessary to establish a project, it shall make a decision jointly with the relevant administrative departments under The State Council. 

Compulsory national standards shall be approved and promulgated by The State Council or authorized to be approved and promulgated. 

Where laws, administrative regulations or decisions of The State Council provide otherwise for the formulation of compulsory standards, such provisions shall prevail.

Article 11 Recommended national standards may be formulated for the technical requirements that meet the requirements of basic general use, supporting mandatory national standards, and playing a leading role in the relevant industries. 

The recommended national standards shall be formulated by the department of Standardization Administration under The State Council. 

Article 12 Industrial standards may be formulated for technical requirements for which there is no recommended national standard and which need to be unified throughout the country within a certain industry. 

Industry standards shall be formulated by the relevant administrative departments under The State Council and submitted to the administrative department of standardization under The State Council for the record. 

Article 13 Local standards may be formulated in order to meet local natural conditions, customs and other special technical requirements. 

Local standards shall be formulated by the standardization administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central government; The standardization administrative department of the people's government of a districted city may, according to the special needs of its administrative area, formulate the local standards of its administrative area with the approval of the standardization administrative department of the people's government of the province, autonomous region or municipality directly under the Central government where it is located. Local standards shall be reported by the standardization administrative department of the people's government of the province, autonomous region and municipality directly under the Central Government to the standardization administrative department under The State Council for the record, and the standardization administrative department under The State Council shall notify the relevant administrative departments under The State Council. 

Article 14 For standard projects that are urgently needed to protect personal health, safety of life and property, national security, ecological environment security and economic and social development, the administrative department responsible for setting standards shall give priority to the project and complete it in a timely manner. 

Article 15 In the formulation of mandatory standards and recommended standards, the actual needs of relevant administrative departments, enterprises, social organizations, consumers, educational and scientific research institutions, etc. shall be investigated at the time of project formulation, and the necessity and feasibility of the formulation of standards shall be evaluated. In the process of formulation, it should take a variety of ways to solicit opinions in accordance with the principle of convenience and effectiveness, organize the investigation and analysis, experiment and demonstration of standard-related matters, and achieve coordination between relevant standards. 

Article 16 To formulate recommended standards, a standardization technical committee composed of relevant parties shall be organized to undertake the drafting and technical review of the standards. To formulate mandatory standards, relevant standardization technical committees may be entrusted to undertake the drafting and technical review of standards. Where no standardization technical committee has been formed, an expert group shall be established to undertake the drafting and technical review of relevant standards. The composition of standardization technical committees and expert groups should be broadly representative. 

Article 17 The text of the mandatory standard shall be open to the public free of charge. The state promotes free disclosure of recommended standard texts to the public. 

Article 18 The State encourages social organizations such as institutes, associations, chambers of commerce, federations and industrial technology alliances to coordinate with relevant market entities to jointly formulate group standards that meet the needs of the market and innovation, which shall be adopted by the members of the group or voluntarily adopted by the society in accordance with the provisions of the group. 

The formulation of group standards shall follow the principles of openness, transparency and fairness, ensure that each participant has access to relevant information, reflect the common needs of each participant, and shall organize the investigation, analysis, experiment and demonstration of standard-related matters. 

The administrative department for standardization under The State Council shall, in conjunction with the relevant administrative departments under The State Council, regulate, guide and supervise the formulation of group standards.

Article 19 An enterprise may, when necessary, formulate enterprise standards on its own or jointly with other enterprises. 

Article 20 The State supports the use of independent innovation technologies in the formulation of group standards and enterprise standards in important industries, strategic emerging industries, key generic technologies and other fields.

Article 21 The technical requirements of recommended national standards, industry standards, local standards, group standards and enterprise standards shall not be lower than the relevant technical requirements of mandatory national standards. 

The State encourages social organizations and enterprises to formulate group standards and enterprise standards that are higher than the relevant technical requirements of the recommended standards.

Article 22 The formulation of standards shall be conducive to the scientific and rational use of resources, the dissemination of scientific and technological achievements, the enhancement of product safety, versatility and replaceable, and the enhancement of economic, social and ecological benefits, so as to be technologically advanced and economically reasonable. 

It is prohibited to use standards to exclude or restrict market competition, such as impeding the free circulation of goods and services. 

Article 23 The State promotes standardized civil-military integration and resource sharing, elevates the level of commonality of civil-military standards, actively promotes the adoption of advanced and applicable civilian standards in the construction of national defense and the armed forces, and converts advanced and applicable military standards into civilian standards.

Article 24 The standard shall be numbered according to the numbering rules. The numbering rules of the standards shall be formulated and promulgated by the standardization administrative department under The State Council.

Chapter III Implementation of standards

Article 25 Products and services that do not meet compulsory standards may not be produced, sold, imported or provided. 

Article 26 Technical requirements for export products and services shall be subject to the provisions of the contract. 

Article 27 The State implements a system of disclosure and supervision of self-declaration of group standards and enterprise standards. An enterprise shall disclose the numbers and names of the mandatory standards, recommended standards, group standards or enterprise standards it implements; Where an enterprise implements its own enterprise standards, it shall also disclose the functional indicators and performance indicators of its products and services. The state encourages group standards and enterprise standards to be disclosed to the public through standard information public service platforms. 

An enterprise shall organize its production and business activities in accordance with the standards, and the products and services it produces and provides shall meet the technical requirements of the standards disclosed by the enterprise. 

Article 28 When an enterprise develops a new product, improves its product or makes a technical transformation, it shall comply with the standardization requirements provided for in this Law. 

Article 29 The State establishes a system of statistical analysis and reporting on the implementation of mandatory standards.

The standardization administrative department under The State Council and the relevant administrative departments under The State Council and the standardization administrative departments under the local people's governments at or above the city level with districts shall establish the information feedback and evaluation mechanism for the implementation of the standards, and review the standards formulated by them according to the feedback and evaluation. The standard review period is generally no more than five years. After review, those that do not meet the needs of economic and social development and technological progress shall be revised or abolished in a timely manner.

Article 30 The standardization administrative department under The State Council shall, in accordance with the feedback, evaluation and review of the information on the implementation of the standards, deal with the overlapping or non-matching of the relevant standards jointly with the relevant administrative departments under The State Council or through the standardization coordination mechanism under The State Council.

Article 31 People's governments at or above the county level shall support standardization pilot demonstration and publicity work, disseminate standardization concepts, popularize standardization experience, promote the whole society to use standardized methods to organize production, operation, management and services, and give full play to the supporting role of standards in promoting transformation and upgrading and leading innovation-driven.

Chapter IV Supervision and administration

Article 32 The standardization administrative departments and relevant administrative departments of the people's governments at or above the county level shall, in accordance with their statutory duties, guide and supervise the formulation of the standards and supervise and inspect the implementation of the standards. 

Article 33 Any dispute arising from the formulation or implementation of a standard by the relevant administrative department under The State Council shall be organized by the administrative department for standardization under The State Council for consultation. If consultation fails, it shall be resolved by the standardization coordination mechanism of The State Council. 

Article 34 Where the relevant administrative department under The State Council or the standardization administrative department under the local people's government at or above the city level divided into districts fails to number, review or record the standards in accordance with the provisions of this Law, the standardization administrative department under The State Council shall require it to explain the situation and make corrections within a time limit. 

Article 35 Any unit or individual shall have the right to report or complain to the standardization administrative department or the relevant administrative department about any violation of the provisions of this Law.

The competent departments of Standardization Administration and relevant administrative departments shall disclose to the public the telephone number, mailbox or E-mail address of accepting reports and complaints, and arrange personnel to accept reports and complaints. For real-name informants or complainants, the competent administrative department accepting the report or complaint shall inform the result of the handling, keep the informant confidential, and reward the informant in accordance with the relevant provisions of the State.

Chapter V Legal liability

Article 36 An enterprise that produces, sells or imports products or provides services that do not meet the mandatory standards, or that produces products or provides services that do not meet the technical requirements of its published standards, shall bear civil liability according to law.

Article 37 Where products produced, sold or imported or services provided fail to meet mandatory standards, they shall be investigated and dealt with in accordance with the provisions of the Product Quality Law of the People's Republic of China, the Law of the People's Republic of China on Import and Export Commodity Inspection, the Law of the People's Republic of China on the Protection of Consumer Rights and Interests and other laws and administrative regulations, and shall be recorded in the credit records. It shall be publicized in accordance with relevant laws and administrative regulations; If the case constitutes a crime, criminal responsibility shall be investigated according to law.

Article 38 Where an enterprise fails to make public the standards it implements in accordance with the provisions of this Law, the competent department of Standardization Administration shall order it to make corrections within a time limit. If it does not correct within the time limit, it will be publicized on the standard information public service platform.

Article 39 Where the standards formulated by the relevant competent administrative department under The State Council or the competent administrative department for standardization under the local people's government of a city divided into districts or above are not in conformity with the provisions of the first paragraph of Article 21 and the first paragraph of Article 22 of this Law, they shall be corrected in a timely manner; If it refuses to make corrections, the relevant standards shall be abolished by the standardization administrative department under The State Council. The leading personnel and persons directly responsible shall be given sanctions according to law.

Where the standards formulated by a public organization or enterprise do not conform to the provisions of the first paragraph of Article 21 or the first paragraph of Article 22 of this Law, the competent department of Standardization Administration shall order rectification within a time limit; If it is not corrected within the time limit, the standardization administrative department of the people's government at or above the provincial level shall abolish the relevant standards and publicize them on the standard information public service platform.

Those who, in violation of the provisions of the second paragraph of Article 22 of this Law, use standards to exclude or restrict market competition shall be dealt with in accordance with the provisions of the Anti-Monopoly Law of the People's Republic of China and other laws and administrative regulations. 

Article 40 Where the relevant administrative department under The State Council or the standardization administrative department under the local people's government at or above a city divided into districts fails to number or record the standards in accordance with the provisions of this Law, and fails to make corrections in accordance with the provisions of Article 34 of this Law, the standardization administrative department under The State Council shall revoke the relevant standard numbering or announce the abolition of the unrecorded standards; The leading personnel and persons directly responsible shall be given sanctions according to law.

Where the relevant competent administrative department under The State Council or the competent administrative department of standardization under the local people's government of a city divided into districts or above fails to review the standards it has formulated in accordance with the provisions of this Law and fails to make corrections in accordance with the provisions of Article 34 of this Law, the leading persons who are responsible and the persons directly responsible shall be given sanctions according to law.

Article 41 Where the department of Standardization Administration under The State Council fails to approve a project for the formulation of compulsory national standards in accordance with the provisions of paragraph 2 of Article 10 of this Law, the standards formulated do not conform to the provisions of paragraph 1 of Article 21 or paragraph 1 of Article 22 of this Law, or fails to number, review or record the standards in accordance with the provisions of this Law, it shall make corrections in a timely manner; The leading personnel who are responsible and the persons directly responsible may be given sanctions according to law. 

Article 42 Where a social organization or enterprise fails to number its standards or enterprise standards in accordance with the provisions of this Law, the competent department of Standardization Administration shall order it to make corrections within a time limit; If it is not corrected within the time limit, the standardization administrative department of the people's government at or above the provincial level shall revoke the relevant standard number and publicize it on the standard information public service platform.

Article 43 Any person in charge of supervision or management of standardization who abuses his power, neglects his duty or engages in malpractices for personal gain shall be punished according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law.

Chapter VI Supplementary Provisions

Article 44 Measures for the formulation, implementation and supervision of military standards shall be formulated separately by The State Council and the Central Military Commission.

 Article 45 This Law shall come into force as of January 1, 2018.