Standardization Law of the People's Republic of China (2017 Revision)

Standardization Law of the People's Republic of China (2017 Revision) Order of the President of the People's Republic of China (No. 78) The Standardization Law of the People's Republic of China , as revised and adopted at the 30th Session of the Standing Committee of the Twelfth National People's Congress of the People's Republic of China on November 4, 2017, is hereby issued, and shall come into force on January 1, 2018. President of the People's Republic of China: Xi Jinping November 4, 2017 Standardization Law of the People's Republic of China (Adopted at the 5th Session of the Standing Committee of the Seventh National People's Congress on December 29, 1988, and revised at the 30th Session of the Standing Committee of the Twelfth National People's Congress on November 4, 2017) Contents Chapter I General Provisions Chapter II Development of Standards Chapter III Implementation of Standards Chapter IV Supervision and Administration Chapter V Legal Liability Chapter VI Supplemental Provisions Chapter I General Provisions Article 1 This Law is enacted for the purposes of enhancing the standardization work, improving the quality of products and services, promoting the advancement of science and technology, protecting human health and life and property safety, maintaining national security and environmental safety, and raising the level of economic and social development. Article 2 For the purposes of this Law, “standards” (including reference materials) means the technical requirements that need to be unified in the agricultural, industrial, and service sectors as well as social undertakings and other fields. Standards include national standards, industry standards, local standards, group standards, and enterprise standards. National standards are classified into compulsory standards and voluntary standards. Industry standards and local standards are voluntary standards. Compulsory standards must be implemented. The state encourages the adoption of voluntary standards. Article 3 The tasks of standardization include the development of standards, the organization of implementation of standards, and the oversight of the development and implementation of standards. The people's governments at and above the county level shall include the standardization work in their respective general plans for national economic and social development, and include the funding for the standardization work in their respective budgets. Article 4 Standards shall be developed on the basis of results of scientificand technological research and experience learned from social practice by conducting in-depth investigation and discussions and extensively requesting comments, so as to ensure that standards are scientific, rigorous, and developed in a timely manner and improve the quality of standards. Article 5 The administrative department of standardization of the State Council shall administer the standardization work across the country in a unified manner. The relevant administrative departments of the State Council shall, according to their division of labor, administer the standardization work in their respective departments or industries. The administrative departments of standardization of the local people's governments at and above the county level shall administer the standardization work within their respective administrative regions in a unified manner. The relevant administrative departments of the people's governments at and above the county level shall, according to their division of labor, administer the standardization work in their respective departments or industries within their respective administrative regions. Article 6 The State Council shall establish a standardization coordination mechanism for the general promotion of major standardization reforms, research on major standardization policies, and coordination in the development and implementation of inter-departmental or cross-disciplinary standards and standards in significant dispute. The local people's governments at and above the level of a districted city may, as needed by their work, establish standardization coordination mechanisms for the general coordination in major matters relating to the standardization work within their respective administrative regions. Article 7 The state encourages enterprises, social groups, and education and scientific research institutions, among others, to conduct or participate in the standardization work. Article 8 The state actively promotes participation in international standardization activities, international cooperation and exchange on standardization, participation in the development of international standards, and adoption of international standards in view of national conditions, and propels the translation between Chinese standards and foreign standards and their application. The state encourages enterprises, social groups, and education and scientific research institutions, among others, to participate in international standardization activities. Article 9 Entities and individuals that have made remarkable achievements in the standardization work shall be commended and rewarded according to the relevant provisions issued by the state. Chapter II Development of Standards Article 10 Compulsory national standards shall be developed for technical requirements that protect human health and life and property safety, that maintain national security and environmental safety, and that meet the basic needs of economic and social administration. The relevant administrative departments of the State Councilshall, according to their respective functions, take charge of the introduction of proposals, drafting organization, request for comments, and technical review of projects of compulsory national standards. The administrative department of standardization of the State Council shall take charge of the project initiation, numbering, and public notification of compulsory national standards. The administrative department of standardization of the State Council shall conduct project initiation examination on whether the compulsory national standards to be developed comply with the preceding paragraph, and initiate projects that comply with the preceding paragraph. The administrative departments of standardization of provinces,autonomous regions, and municipalities directly under the Central Governments may submit to the administrative department of standardization of the State Council recommendations on initiation of projects of compulsory national standards, and the administrative department of standardization of the State Councilshall make decisions in conjunction with the relevant administrative departments of the State Council. Social groups, enterprises, public institutions, and citizens may submit to the administrative department of standardization of the State Council recommendations on initiation of projects of compulsory national standards, and the administrative department of standardization of the State Council shall, if considering the initiation of any projects necessary, make decisions in conjunction with the relevant administrative departments of the State Council. Compulsory national standards shall be approved and issued by the State Council or as authorized by the State Council. Where any laws, administrative regulations, and decisions of the State Council provide otherwise for the development of compulsory standards, such provisions sha......