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? Issuing authority: State Administration of Quality Supervision, Inspection & Quarantine
? Document Number: Order No. 117 of the General Administration of Quality Supervision, Inspection and Quarantine
? Date issued: 07-03-2009
? Effective date: 09-01-2009
? Level of Authority: Departmental Rules
? Area of law: Quality Control and Supervision

Order of the General Administration of Quality Supervision, Inspection and Quarantine (No. 117)
The Provisions on the Administration of Compulsory Product Certification, which were deliberated and adopted at the executive meeting of the General Administration of Quality Supervision, Inspection and Quarantine on May 26, 2009, are hereby promulgated and shall come into force as of September 1, 2009.
Director-General Wang Yong
July 3, 2009

Chapter I General Provisions

Article 1 For the purpose of regulating compulsory product certification, enhancing the validity of certifications and protecting the interests of the state, the society and the general public, these Provisions are formulated in accordance with the Regulation of the People's Republic of China on Certification and Accreditation (hereinafter referred to as the Regulation on Certification and Accreditation) and other laws, administrative regulations, as well as relevant provisions of the state.
Article 2 For the purpose of safeguarding national security, preventing fraudulent conducts, protecting human health or safety, the life or health of animals and plants, and the environment, the relevant products as prescribed by the state shall be subject to certification (hereinafter referred to as compulsory product certification) and be given an indication of the certification sign before they leave the factory, are sold, are imported or are used in other business activities.
Article 3 The General Administration of Quality Supervision, Inspection and Quarantine (hereinafter referred to as GAQSIQ) shall administer the compulsory product certification throughout the country.
The Certification and Accreditation Administration (hereinafter referred to as CAA) shall be responsible for organizing the implementation, supervision and administration as well as comprehensive coordination of compulsory product certification throughout the country.
The local quality and technology supervision departments at all levels and the entry & exit inspection and quarantine institutions at all places (hereinafter referred to as local quality and inspection bureaus) shall, within their respective functions, be responsible for the supervision, administration and investigation of the compulsory product certification activities within their jurisdiction.
Article 4 With respect to the products subject to compulsory product certification, the state shall have a uniform catalog of products, uniform compulsory technical requirements, standards and compliance review procedures, uniform certification signs and uniform fee-charging standards.
GAQSIQ and CAA shall, jointly with the relevant departments of the State Council, formulate and amend the catalog. The catalog shall be jointly announced by GAQSIQ and CAA, and be implemented by GAQSIQ together with the relevant departments.
Article 5 The state encourages mutual recognition of the compulsory certification with other countries on the basis of equality and reciprocity. Mutual recognition shall be within the frame of the international mutual recognition agreements signed by GAQSIQ, CAA or its authorized departments with foreign parties.
Article 6 An institution engaged in compulsory product certification and its employees shall be obliged to keep to themselves the business secrets and the production technologies, techniques and other technical secrets and information.

Chapter II Implementation of Certification

Article 7 The basic requirements for compulsory product certification shall be formulated and announced by GAQSIQ and CAA. The compulsory product certification rules (hereinafter referred to as the certification rules) shall be formulated and announced by CAA.
Article 8 One of the following certification modes or a combination of multi-certification modes shall apply to compulsory product certification, including
1. the design appraisal;
2. the model test;
3. the sample test or inspection at the production places;
4. the sample test or inspection in the market;
5. the inspection of the quality guarantee capacity and product conformity of enterprises; and
6. the follow-up inspection of certified products.
Product certification models shall, under the principles of being scientific and convenient, be determined on the basis of such comprehensive factors as the performances of products, the extent of possible harm to public safety, human health, the environment and public safety, the life cycle of products, the production cycle, and the risks of imported products.
Article 9 The certification rules shall contain
1. the scope of applicable products;
2. the compulsory requirements as specified in the national standards, industrial standards and national technical requirements with respect to the applicable products;
3. the certification modes;
4. the principles or provisions concerning the division of application units;
5. the sampling and sample-delivery requirements;
6. the requirements for confirming key components and parts or raw materials (if necessary);
7. the relevant requirements for the inspection standards (if necessary);
8. the requirements for factory inspection;
9. the requirements for the follow-up inspection of certified products;
10. the requirements for the valid period of the certification certificate;
11. the requirements for applying the certification signs to certified products;
12. other provisions.
Article 10 The producers, distributors and importers (hereinafter generally referred to as certification clients) of products listed in the catalog shall authorize the certification institutions designated by CAA (hereinafter referred to as the certification institutions) to certify the products produced, sold or imported by them.
Where an enterprise authorizes any other enterprise to produce a product listed in the catalog, it or the authorized enterprise may give a certification authorization to a certification institution.
Article 11 A certification clients shall, under the provisions in the specific product certification rules, furnish relevant technical materials to the certification institution.
A distributor or importer shall, as a certification client, furnish to the certification institution photocopies of the relevant contracts concluded between the distributor and the producer or between the importer and the producer.
In the case of authorizing any other enterprise to produce its products listed in the catalog, the certification client shall furnish to the certification institution a photocopy of the relevant contract it has concluded with the authorized enterprise.
Article 12 After accepting a certification authorization, a certification institution shall, under the provisions in the specific product certification rules, arrange a product type test and a factory inspection.
Article 13 A certification client shall ensure that the samples it provides are identical with the products it actually produces. The certification institution shall examine the genuineness of the samples provided by the certification client.
A certification institution shall, under the requirements in the certification rules and on the basis of the features and actual situation of the products, take samples by means of delivery by the certification client, on-the-spot sampling or sealing up samples on the spot and then have them delivered by the certification client, and authorize a lab designated by CAA (hereinafter referred to as the lab) to conduct a product type test of the samples.
Article 14 To conduct a product type test of the samples, the lab shall ensure the genuineness and accuracy of the test results, make complete records of the whole process of the test, put them to the archives for preservation, ensure the retroactivity of the records of the test process and results and assist the certification institution to conduct effective follow-up inspection of the certified product.
The lab and its relevant employees shall be responsible for the test report it makes as well as the test results. If it has any doubts about the genuineness of the samples, it shall make an explanation to the certification institution, and make corresponding treatments.
Article 15 If it is necessary to conduct a factory inspection, the certification institution shall assign compulsory product certification inspectors with national certified qualifications to inspect the production enterprise's quality guarantee capacity, conformity between the products it produces and the samples sent for the type test, etc. and shall carry out the inspection under the specific product certification rules.
A certification institution and its compulsory product certification inspectors shall be responsible for the inspection results.
Article 16 After the certification institution has finished the product type test and factory inspection, usually it shall issue a certification certificate within 90 days as of the date of acceptance of the certification authorization if the certification requirements are satisfied.
If the certification requirements are not satisfied, the certification institution shall give a written notice to the certification client and make an explanation.
The certification institution and its relevant employees shall be responsible for their certification results.
Article 17 A certification institution shall, by taking on-the-spot product tests or inspections, product sample tests or inspections in the market, quality guarantee capacity inspections and other means, conduct classified management and effective follow-up inspections of the certified products and the production enterprise thereof, control and verify the conformity between the certified products and the samples for the type tests, and ensure that the quality guarantee capacity of the production enterprises continuously meet the certification requirements.
Article 18 A certification institution shall make complete records of the whole process of the follow-up inspection, put them into the archives for preservation and ensure the retroactivity of the certification process and results.
If the certification requirements are not met continuously, the certification institution shall, in light of the corresponding circumstance, suspend or revoke the certification certificate and make an announcement.
Article 19 A certification institution shall, under the certification rules and by taking into consideration such factors as the safety grade of the certified products, the stability of the product quality and the good records and bad records of the production enterprises, conduct classified management of the follow-up inspections of certified products and the production enterprises thereof, and decide the reasonable follow-up inspection frequency.

Chapter III Certification Certificates and Signs

Article 20 CAA shall provide a uniform format and contents for the compulsory product certification certificates as well as the formats and types of the compulsory product certification signs.
Article 21 A certification certificate shall include the following basic content:
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