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

Effective Date: 01-01-2018

Source: Government Website

Chinese Title: 中华人民共和国标准化法 (2017修订)

Presidential Decree Order No. 78

The Standardization Law of the People’s Republic of China is revised by the 30th Session of Standing Committee of the Twelfth National People’s Congress on 4 November 2017; the revised Standardization Law of the People’s Republic of China is hereby promulgated and shall be implemented with effect from 1 January 2018.

4 November 2017

(Passed by the fifth session of the Standing Committee of the Seventh National People’s Congress on 29 December 1988

Revised by the 30th Session of the Standing Committee of the Twelfth National People’s Congress on 4 November 2017)

Chapter 1 General Principles

Article 1 This Law is formulated for the purposes of strengthening standardization work, improving product and service quality, promoting scientific and technological advancement, protecting human health, lives and property safety, safeguarding national security and ecological safety, and enhancing economic and social development.

Article 2 Standards (including standard samples) referred to in this Law shall mean technical requirements for agricultural, industrial, service industries and social undertakings etc which require standardization. Standards shall include national standards, industry standards, local standards, community standards, enterprise standards. National standards shall comprise mandatory standards and recommended standards; industry standards and local standards are recommended standards.

Mandatory standards must be implemented. The State encourages adoption of recommended standards.

Article 3 Standardisation tasks shall mean formulation of standards, organizing implementation of standards, and supervision of formulation and implementation of standards.People’s Governments of county level and above shall include standardization tasks in their national economy and social development plans, and include expenses for standardization tasks in their budget.

Article 4 Formulation of standards shall, on the basis of scientific and technological research findings and social practical experience, further investigate and expound, seek opinions extensively, ensure the scientificness, standardness and timeliness, and improve upon the quality of standards.

Article 5 The standardisation administrative authorities of the State Council shall implement unified administration of standardization nationwide. The relevant administrative authorities of the State Council shall take charge of standardisation tasks for the respective authorities and industries. The standardisation administrative authorities of People’s Governments of county level and above shall implement unified administration of standardisation tasks within their respective administrative region. The relevant administrative authorities of People’s Governments of county level and above shall take charge of standardisation tasks for the respective authorities and industries within their administrative region.

Article 6 The State Council shall establish a standardization coordinating mechanism, plan and promote major reform in standardization, study major policies for standardisation, and coordinate formulation and implementation of cross-department and cross-sector standards or standards for which there is a major dispute. Local People’s Governments of municipalities divided into districts may establish a standardisation coordinating mechanism based on work needs, to plan and coordinate major matters of standardization within their respective administrative region.

Article 7 The State encourages enterprises, social organizations, education and research institutes etc to carry out or participate in standardization.

Article 8 The State shall actively promote participation in international standardization activities, carry out external cooperation and exchange relating to standardisation, participate in formulation of international standards, take into account China’s conditions for adoption of international standards, and promote conversion and application between Chinese standards and overseas standards. The State encourages enterprises, social organisations, education and research institutes etc to participate in international standardisation activities.

Article 9 Organisations and individuals with outstanding achievements in standardisation tasks shall be commended and rewarded pursuant to the relevant provisions of the State.

Chapter 2 Formulation of Standards

Article 10 Mandatory national standards shall be formulated for technical requirements which are meant to protect human health, life and property safety, national security, ecological and environmental safety, and meet the basic needs of economic and social management. The relevant administrative authorities of the State Council shall, based on their duties, take charge of project initiation, organizing and drafting, solicitation of opinions and technical review for mandatory national standards. The standardization administrative authority of the State Council shall take charge of project proposal, serial numbering and external notification for mandatory national standards. The standardisation administrative authority of the State Council shall carry out examination of project proposal to see if the proposed mandatory national standards comply with the provisions of the preceding paragraph, and shall approve the project proposal if it complies with the provisions of the preceding paragraph.

The standardization administrative authorities of People’s Government of provinces, autonomous regions and centrally-administered municipalities may give project proposal recommendations of mandatory national standards to the standardization administrative authority of the State Council; and the standardization administrative authority of the State Council shall decide jointly with the relevant administrative authorities of the State Council. Social organizations, enterprises, institutions and citizens may give project proposal recommendations of mandatory national standards to the standardization administrative authority of the State Council; where the standardization administrative authority of the State Council deems that a project proposal is needed, they shall decide jointly with the relevant administrative authorities of the State Council.

The State Council shall approve and promulgate, or authorise approval and promulgation of, mandatory national standards.

Where the laws, administrative regulations and State Council decisions stipulate otherwise on formulation of mandatory standards, such provisions shall prevail.

Article 11 Recommended national standards may be formulated for technical requirements which satisfy basic and common needs, are complement mandatory national standards, and have a guiding function for the relevant industries etc.

Recommended national standards shall be formulated by the standardization administrative authority of the State Council.

Article 12 Where there are no recommended national standards but there is a need for unified technical requirements within a certain industry nationwide, industry standards may be formulated. Industry standards shall be formulated by the relevant administrative authorities of the State Council, and filed with the standardization administrative authority of the State Council for record.

Article 13 Local standards may be formulated to satisfy special technical requirements such as natural conditions and customs of a locality.Local standards shall be formulated by the standardisation administrative authority of the People’s Government of a province, an autonomous region or a centrally-administered municipality; the standardization administrative authority of a People’s Government of a municipality divided into districts may, based on the special needs of its administrative region, upon approval by the standardization administrative authority of the People’s Government of the province, autonomous region or centrally-administered municipality at its location, formulate local standards for its administrative region. Local standards shall be filed by the standardisation administrative authority of the People’s Government of the province, autonomous region or centrally-administered municipality, with the standardisation administrative authority of the State Council for record, and the standardization administrative authority of the State Council shall then notify the relevant administrative authorities of the State Council.

Article 14 For standards urgently required for protecting human health, lives and property safety, safeguarding national security, ecological safety, and enhancing economic and social development, the administrative authorities formulating the standards shall give priority to and promptly complete their project proposal.

Article 15 For formulation of mandatory standards and recommended standards, the actual needs of the relevant administrative authorities, enterprises, social organizations, consumers, education and research institutes shall be investigated at the time of project proposal, and the necessity and feasibility of formulation of standards shall be expounded and assessed; in the formulation process, the formulating authorities shall adopt various methods in accordance with the principles of convenience and efficiency to solicit opinions, organize investigation and analysis, experimentation and expounding for matters in relation to the standards, and ensure that the relevant standards are coordinated and complementary.

Article 16 For formulation of recommended standards, a standardization technical committee comprising the relevant parties shall be set up to undertake drafting and technical examination of the standards. For formulation of mandatory standards, the relevant standardization technical committee may be entrusted to undertake drafting and technical examination of the standards. Where a standardisation technical committee is not established, an expert panel shall be established to undertake drafting and technical examination of the relevant standards. The composition of a standardisation technical committee and an expert panel shall have broad representation.

Article 17 The documentation of mandatory standards shall be made available to the public free of charge. The State promotes provision of documentation of recommended standards free of charge to the public.

Article 18 The State encourages social organisations such as institutes, associations, chambers of commerce, federations, industrial technology alliances etc to coordinate with the relevant market entities to jointly formulate community standards which satisfy market and innovation needs; the members of the group shall agree on adoption, or pursuant to the provisions of the group, provide to the public for voluntary adoption. Formulation of community standards shall adhere to the principles of open, transparency and fairness, to ensure that the participating entities obtain the relevant information, and to reflect the common needs of various participating entities, and shall organise investigation and analysis, experimentation and expounding for matters in relation to the standards.

The standardization administrative authority of the State Council shall, jointly with the relevant administrative authorities of the State Council, regulate, guide and supervise formulation of community standards.

Article 19 Enterprises may formulate enterprise standards based on their needs, or formulate enterprise standards jointly with other enterprises.

Article 20 The State supports important industries, strategic emerging industries, key common technologies and other fields to formulate community standards and enterprise standards which utilise independent innovation technologies.

Article 21 The technical requirements of recommended national standards, industry standards, local standards, community standards and enterprise standards shall not be less than the relevant technical requirements of mandatory national standards. The State encourages social organizations and enterprises to formulate community standards and enterprise standards which are higher than the relevant requirements of recommended standards.

Article 22 Formulation of standards should be favorable for scientific and reasonable resource utilization, promote scientific and technological achievements, enhance the safety, versatility and replaceability of products, improve economic benefits, social benefits and ecological benefits, and achieve technological advancement and economic reasonableness. Making use of the implementation of standards to eliminate and restrict market competition such as hindering free circulation of commodities and services shall be prohibited.

Article 23 The State promotes military and civilian integration and resource sharing of standardization, raises inter-applicability of military and civilian standards, actively promotes adoption of advanced applicable civilian standards in national defence and development of armed forces, and conversion of advance applicable military standards to civilian standards.

Article 24 Standards shall be given serial numbers in accordance with the numbering rules. The numbering rules for standards shall be formulated and promulgated by the standardization administrative authority of the State Council.

Chapter 3 Implementation of Standards

Article 25 Products and services which do not comply with mandatory standards shall not be manufactured, sold, imported or provided.

Article 26 The technical requirements of products and services for exportation shall comply with the contractual agreement.

Article 27 The State shall implement a self-declaration, announcement and supervision system for community standards and enterprise standards. Enterprises shall announce the serial numbers and titles of mandatory standards, recommended standards, community standards or enterprise standards they implement; where an enterprise formulates its enterprise standards, it shall announce the functional indicators of products and services, and the performance indicators of products. The State encourages announcement of community standards and enterprise standards through the standards information public services platform.Enterprises shall organise manufacturing and business activities in accordance with the standards; the products manufactured and services provided by an enterprise shall comply with the technical requirements of the standards announced by the enterprise.

Article 28 Enterprises undertaking research and manufacturing of new products, making improvements to products, and engaging in technical transformation shall comply with the standardisation requirements stipulated in this Law.

Article 29 The State shall establish a statistics analysis and reporting system for implementation of mandatory standards.The standardisation administrative authority of the State Council, the relevant administrative authorities of the State Council, and the standardisation administrative authority of the People’s Government of a municipality divided into districts shall establish an information feedback and evaluation mechanism for implementation of standards, and carry out review for the standards formulated by them based on the feedback and evaluation results. The review cycle for standards shall generally not exceed five years. Following the review, standards which do not adapt to economic and social development needs and technological advancement shall be promptly revised or repealed.

Article 30 Where there is repetition between the relevant standards or the relevant standards do not converge or complement each other, the standardisation administrative authority of the State Council shall, based on the information feedback, evaluation and review information for implementation of standards, handle the matter jointly with the relevant administrative authorities of the State Council or through the standardisation coordination mechanism of the State Council.

Article 31 The People’s Governments of county level and above shall support pilot scheme demonstration and publicity work for standardisation, spread the concept of standardisation, promote standardisation experience, promote society-wide application of standardised methods for organising of manufacturing, business operation, management and services, optimise the supporting role of standards in promoting transformation and upgrading and leading the innovation.

Chapter 4 Supervision and Administration

Article 32 The standardisation administrative authorities and the relevant administrative authorities of the People’s Governments of county level and above shall, based on their statutory duties, guide and supervise formulation of standards, supervise and inspect implementation of standards.

Article 33 Where a dispute arises in the course of formulation and implementation of standards by the relevant administrative authorities of the State Council, the standardisation administrative authority of the State Council shall organise negotiation; where negotiation is unsuccessful, the dispute shall be resolved by the standardisation coordination mechanism of the State Council.

Article 34 Where the relevant administrative authorities of the State Council or the standardisation administrative authority of the People’s Government of a municipality divided into districts do/does not number, review or file standards pursuant to the provisions of this Law, the standardisation administrative authority of the State Council shall require them to provide an explanation and to make correction within a stipulated period.

Article 35 Any organisation and individual shall have the right to lodge a report or complaint on a violation of the provisions of this Law, to the standardisation administrative authorities and the relevant administrative authorities.The standardisation administrative authorities and the relevant administrative authorities shall announce to the public the telephone number, mailing address or email address for receiving reports and complaints, and arrange officers to receive reports and complaints. For real-name whistleblowers and complainants, the administrative authorities which accept the report or the complaint shall notify the whistleblower or complainant, keep the identity information of the whistleblower or complainant confidential, and reward the whistleblower pursuant to the relevant provisions of the State.

Chapter 5 Legal Liability

Article 36 Where the products manufactured, sold or imported or the services provided do not comply with mandatory standards, or the products manufactured by an enterprise or services provided by an enterprise do not comply with the technical requirements of the publicised standards, the enterprise shall bear civil liability pursuant to the law.

Article 37 Where the products manufactured, sold or imported or the services provided do not comply with mandatory standards, the enterprise shall be dealt with pursuant to 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 the Rights and Interests of Consumers and the relevant laws and regulations; the non-compliance shall be included in the creditworthiness records, and announced pursuant to the provisions of the relevant laws and administrative regulations; where the case constitutes a criminal offence, criminal liability shall be pursued in accordance with the law.

Article 38 Where an enterprise does not publicise the standards implemented by the enterprise pursuant to the provisions of this Law, the standardisation administrative authorities shall order the enterprise to make correction within a stipulated period; an announcement shall be made on the standards information public services platform.

Article 39 Where the standards formulated by the relevant administrative authorities of the State Council or the standardisation administrative authority of the People’s Government of a municipality divided into districts do/does not comply with the provisions of the first paragraph of Article 21 and/or the first paragraph of Article 22 of this Law, they/it shall make correction promptly; where correction is not made, the standardisation administrative authority of the State Council shall announce that the relevant standards be repealed; the accountable leaders and directly accountable personnel shall be punished pursuant to the law.Where the standards formulated by a social organisation or an enterprise do not comply with the provisions of the first paragraph of Article 21 and/or the first paragraph of Article 22 of this Law, the standardisation administrative authorities shall order the social organisation or the enterprise to make correction within a stipulated period; where correction is not made within the stipulated period, the standardisation administrative authority of a People’s Government of provincial level and above shall repeal the relevant standards, and make an announcement on the standards information public services platform.

Offenders who violate the provisions of the second paragraph of Article 22 of this Law in making use of implementation of standards to eliminate or restrict market competition shall be dealt with pursuant to the provisions of the Anti-monopoly Law of the People’s Republic of China and the relevant laws and administrative regulations.

Article 40 Where the relevant administrative authorities of the State Council or the standardisation administrative authority of the People’s Government of a municipality divided into districts do/does not number or file a standard pursuant to the provisions of this Law, and do/does not make correction pursuant to the provisions of Article 34 of this Law, the standardisation administrative authority of the State Council shall revoke the relevant standard serial number, or announce abolition of the standard which has not been filed; the accountable leaders and directly accountable personnel shall be punished pursuant to the law.Where the relevant administrative authorities of the State Council or the standardisation administrative authority of the People’s Government of a municipality divided into districts do/does not review standards formulated by them pursuant to the provisions of this Law, and do/does not make correction pursuant to the provisions of Article 34 of this Law, the accountable leaders and directly accountable personnel shall be punished pursuant to the law.

Article 41 Where the standardisation administrative authority of the State Council does not approve project proposal for a mandatory national standard pursuant to the provisions of the second paragraph of Article 10 of this Law, if the formulated standards do not comply with the provisions of the first paragraph of Article 21 and/or the first paragraph of Article 22 of this Law, or do not number, review or process filing of a standard pursuant to the provisions of this Law, correction shall be promptly made; the accountable leaders and directly accountable personnel shall be punished pursuant to the law.

Article 42 Where a social organisation or an enterprise does not number a community standard or an enterprise standard pursuant to the provisions of this Law, the standardisation administrative authorities shall order the social organisation or the enterprise to make correction within a stipulated period; where correction is not made within the stipulated period, the standardisation administrative authority of a People’s Government of provincial level and above shall revoke the relevant standard serial number, and make an announcement on the standards information public services platform.

Article 43 Supervision and administration officers for standardisation work guilty of abusing official powers, dereliction of duties or corruption shall be punished pursuant to the law; where the case constitutes a criminal offence, criminal liability shall be pursued in accordance with the law.

Chapter 6 Supplementary Provisions

Article 44 Formulation, implementation and supervision measures for military standards shall be separately formulated by the State Council and the Central Military Commission.

Article 45 This Law shall be implemented with effect from 1 January 2018.