Regulation of the People's Republic of China on the Administration of Production License for Industrial Products (2023 Revision)

Regulation of the People's Republic of China on the Administration of Production License for Industrial Products (2023 Revision)

Regulation of the People's Republic of China on the Administration of Production License for Industrial Products
(Promulgated by the Order No. 440 of the State Council of the PRC, and revised in accordance with the Decision of the State Council to Amend and Repeal Certain Administrative Regulations on July 20, 2023)

Chapter I General Provisions
Article 1 The present Regulation is formulated for the purpose of ensuring the quality safety of the major industrial products that directly concern the public safety, physical health, and safety of life and property, implementing the state industrial policy, and promoting the healthy and harmonious development of socialist market economy.
Article 2 The state shall implement the system of production license for the enterprises undertaking the production of the following important industrial products:
1. dairy produce, meat produce, beverages, rice, flour, edible oil, alcohol and other processed foods directly relate to physical health;
2. electric carpet, pressure cooker, gas-fired water heater, and other products that may endanger the personal and property safety;
3. fiscal cash registers, money detectors, satellite television broadcast ground receiving facilities, wireless radio and television transmission equipment and other products concerning financial safety and the safety of communications quality;
4. safety net, safety helmet, construction fastener and other products that can ensure labor safety;
5. electric power iron tower, bridge abutment, railway industrial products, water engineering metal structure, hazardous chemicals and their wrappages and containers, and other products that may affect work safety and public security; and
6. other products subject to the administration of production license as required by laws and administrative regulations in accordance with the provisions of the present Regulation.
Article 3 The Catalog of Industrial Products (hereinafter referred to as the Catalog) subject to the system of production license by the state shall be formulated by the competent department of the State Council in charge of production license for industrial products together with the relevant departments of the State Council, and be announced to the public upon the approval of the State Council after soliciting the opinions of consumers associations and industrial associations of the relevant products.
The system of production license shall not be applicable to the industrial products whose quality can be effectively ensured through self judgment of consumers, self-discipline of enterprises and market competition.
The system of production license shall not be applicable to the industrial products whose quality safety can be effectively ensured through the system of certification and authentication.
The competent department of the State Council in charge of production license for industrial products shall timely make evaluation, adjustment and curtailment step by step to the Catalog together with the relevant departments of the State Council, and announce to the public after reporting to and being approved by the State Council.
Article 4 The present Regulation shall be observed for the production, sale or use of the products listed in the Catalog in the business management activities within the territory of the People's Republic of China.
The administration on the import and export of the products listed in the Catalog shall be conducted in accordance with the laws, administrative regulations and the relevant state provisions.
Article 5 No enterprise that fails to obtain the production license shall produce any of the products listed in the Catalog. No entity or individual may sell or use any product listed in the Catalog in the business activities without obtaining production license.
Article 6 The competent department of the State Council in charge of production license for industrial products shall be responsible for the unified administration on the production license for industrial products nation wide according to the present Regulation. The competent local department of production license for industrial products at or above the county level shall be responsible for the administration of production license for industrial products within their own administrative districts.
The state shall, for the industrial products subject to the system of production license for industrial products, unify the catalog, the examination requirements, the certificate symbols and the supervision and administration.
Article 7 The principle of science and justness, openness and transparency, legitimacy in the procedures and convenient for the public as well as high efficiency shall be followed for the administration of production license for industrial products.
Article 8 The competent departments of production license for industrial products at or above the county level and their staff members, inspection institution and inspectors shall have the obligation to keep secret the national secrets and business secrets they know.
Chapter II Application and Acceptance
Article 9 An enterprise shall meet the following conditions for obtaining a production license:
1. having the business license;
2. having professional technicians qualified for the products it produces;
3. having production conditions and means of inspection and quarantine that are suitable for the products it produces;
4. having technical documents and technique documents matching the products it produces;
5. having sound and effective quality control system and responsibility system;
6. the product complying with the relevant national standards, industrial standards and requirements for ensuring personal health and personal and property safety; and
7. complying with the provisions of state industrial policy, and having no such conditions as backward technique, high energy cost, polluting of environment, or waste of resources, and etc. as are washed out by public proclamation of the state and prohibited from being invested and constructed.
Unless there are otherwise provisions by any law or administrative regulation, such provisions shall also be accorded with.
Article 10 The competent department of the State Council in charge of production license for industrial products shall, according to the conditions as prescribed in Article 9 of the present Measures, and in light of the different characteristics of industrial products, formulate and issue specific requirements for obtaining the production licenses for the products listed in the Catalog; if there is necessity to make special provisions on the specific requirements for the production licenses for the products listed in the Catalog, it shall formulate and issue such provisions together with the relevant departments of the State Council.
The opinions of the consumers associations and the industrial associations of the relevant products shall be solicited for the formulation of the concrete requirements for the production license of the products listed in the Catalog.
Article 11 An enterprise shall, when producing any product that is listed in the Catalog, apply for obtaining the production license to the competent department of production license for industrial products at the province, autonomous region, and municipality directly under the Central Government where the enterprise is located.
In case any product that is being produced by an enterprise is listed in the Catalog, the enterprise shall apply for obtaining the production license within the time as prescribed by the competent department of the State Council in charge of production license for industrial products.
The application of the enterprise may be filed through letter, telegraph, telex, fax, electronic data interchange, email, and other ways.
Article 12 The competent department of production license for industrial products at a province, autonomous region, and municipality directly under the Central Government shall, after receiving the application of an enterprise, handle it according to the relevant provisions of the Administrative License Law of the People's Republic of China.
Article 13 The competent department of production license for industrial products at a province, autonomous region, and municipality directly under the Central Government and any other entity shall not annex any condition additionally to restrict any enterprise from applying for the production license.
Chapter III Examination and Decision
Article 14 The competent department of production license for industrial products at a province, autonomous region, and municipality directly under the Central Government shall, after accepting the application of an enterprise, organize to make examination on the enterprise. If, according to the concrete requirements of the production license for any product listed in the Catalog, the examination on the enterprise shall be organized by the competent department of the State Council in charge of production license for industrial products, the competent department of production license for industrial products at a province, autonomous region, and municipality directly under the Central Government shall, within 5 days from accepting the application of the enterprise, report all the application documents to the competent department of the State Council in charge of production license for industrial products.
The examination on an enterprise shall include on-site checking on the enterprise and inspection on the products.
Article 15 The competent department of the State Council in charge of production license for industrial products and the competent department of production license for industrial products at a province, autonomous region, and municipality directly under the Central Government shall appoint two to four checkers to make on-site checking on an enterprise, and the enterprise shall cooperate with them.
Article 16 The checkers shall not undertake the corresponding checking work until after having passed the examinations organized by the competent department of the State Council in charge of production license for industrial products and obtained the certificate of checkers.
Article 17 The checkers shall make on-site checking on an enterprise in accordance with the conditions as prescribed in Article 9 of the present Regulation and the specific requirements for production license of the products listed in the Catalog.
The checkers shall not, when making on-site checking on any enterprise, create difficulties for the enterprise, or seek for or receive any property of the enterprise or figure for other improper benefits.
Article 18 The competent department of the State Council in charge of production license for industrial products and the competent department of production license for industrial products at a province, autonomous region, and municipality directly under the Central Government shall, within 30 days from accepting the application of an enterprise, notify the result of the on-site checking to the enterprise in writing. If the enterprise does not pass the checking, the reasons shall be explained.
Article 19 If an enterprise has passed on-site checking, it shall make inspection on the product in time. If there is necessity to send samples for inspection, the checkers shall seal up the samples for keeping and notify the enterprise to send the samples to the inspection institution that has the corresponding qualification within 7 days. If there is necessity to make on-site inspection, the checkers shall notify the inspection institution to make on-site inspection.
Article 20 The inspection institution shall make inspection on products according to the relevant national standard and requirements, and complete the inspection work within the prescribed time.
The inspection institution and inspectors shall issue inspection reports objectively, justly and timely. The inspection report shall be signed by the person in charge of the inspection institution after being signed by the inspectors. The inspection institution and the inspectors shall be responsible for the inspection report.
Article 21 The inspection institution and the inspectors shall, when making inspection on any product, follow the principle of good faith and convenience for enterprises, so as to provide reliable and convenient inspection service for enterprises, and shall not delay or create difficulties for enterprises.
Article 22 No inspection institution or inspector may undertake any production and sales activity relating to the product listed in the Catalog under its/his inspection, or recommend or supervise the manufacture or the sale of any product listed in the Catalog under its/his inspection in its/his name.
Article 23 In case the examination on an enterprise is con......