STANDARDIZATION LAW OF THE PEOPLE'S REPUBLIC OF CHINA ——附加英文版
The Standing Committee of the National People's Congress
STANDARDIZATION LAW OF THE PEOPLE'S REPUBLIC OF CHINA
(Adopted at the Fifth Meeting of the Standing Committee of the
Seventh National People's Congress on December 29, 1988, promulgated by
Order No. 11 of the President of the People's Republic of China on
December 29, 1988, and effective as of April 1, 1989)
Contents
Chapter I General Provisions
Chapter II Formulation of Standards
Chapter III Implementation of Standards
Chapter IV Legal Responsibility
Chapter V Supplementary Provisions
Chapter I General Provisions
Article 1
This Law is formulated with a view to developing the socialist commodity
economy, promoting technical progress, improving product quality,
increasing social and economic benefits, safeguarding the interests of the
State and the people and suiting standardization to the needs in socialist
modernization and in the development of economic relations with foreign
countries.
Article 2
Standards shall be formulated for the following technical requirements
that need to be unified:
(1) the varieties, specifications, quality and grades of industrial
products as well as the safety and sanitary requirements for them;
(2) the design, production, inspection, packing, storage, transportation
and methods of operation of industrial products as well as the safety and
sanitary requirements for them in the process of production, storage and
transportation;
(3) technical requirements and testing methods related to environmental
protection;
(4) the designs, construction procedure and safety requirements for
construction projects; and
(5) technical terms, symbols, code names and drawing methods related to
industrial production, project construction and environmental protection.
Major agricultural products and other items that need to be standardized
shall be designated by the State Council.
Article 3
The tasks of standardization shall include the formulation of standards
and organization of and supervision over the implementation of the
standards. Standardization shall be incorporated in the plan for national
economic and social development.
Article 4
The State shall encourage the active adoption of international standards.
Article 5
The department of standardization administration under the State Council
shall be in charge of the unified administration of standardization
throughout the country. Competent administrative authorities under the
State Council shall, in line with their respective functions, be in charge
of standardization in their respective departments and trades.
The departments of standardization administration of provinces, autonomous
regions and municipalities directly under the Central Government shall be
in charge of the unified administration of standardization within their
respective administrative areas. Competent administrative authorities
under the governments of provinces, autonomous regions and municipalities
directly under the Central Government shall, in line with their respective
functions, be in charge of standardization in their respective departments
and trades within their respective administrative areas.
The standardization administration departments and the competent
administrative authorities of cities and counties shall, in line with
their respective functions as assigned by the governments of provinces,
autonomous regions and municipalities directly under the Central
Government, be in charge of standardization within their respective
administrative areas.
Chapter II Formulation of Standards
Article 6
National standards shall be formulated for the technical requirements that
need to be unified nationwide. National standards shall be formulated by
the department of standardization administration under the State Council.
Where, in the absence of national standards, technical requirements for a
certain trade need to be unified, trade standards may be formulated. Trade
standards shall be formulated by competent administrative authorities
under the State Council and reported to the department of standardization
administration under the State Council for the record, and shall be
annulled on publication of the national standards. Where, in the absence
of both national and trade standards, safety and sanitary requirements for
industrial products need to be unified within a province, an autonomous
region or a municipality directly under the Central Government, local
standards may be formulated. Local standards shall be formulated by
departments of standardization administration of provinces, autonomous
regions and municipalities directly under the Central Government and
reported to the department of standardization administration and the
competent administrative authorities under the State Council for the
record, and shall be annulled on publication of the national or trade
standards.
Where, in the absence of both national and trade standards for products
manufactured by an enterprise, standards for the enterprise shall be
formulated to serve as the criteria for the organization of production. An
enterprise's standards for its products shall be reported to the
standardization administration department and the competent administrative
authorities under the local government for the record. Where national or
trade standards have been formulated, the State shall encourage
enterprises to formulate their enterprise standards, which are more
stringent than the national or trade standards, to be used in these
enterprises.
Where the formulation of standards is otherwise provided for by law, such
legal provisions shall be complied with.
Article 7
National standards and trade standards shall be classified into compulsory
standards and voluntary standards. Those for safeguarding human health and
ensuring the safety of the person and of property and those for compulsory
execution as prescribed by the laws and administrative rules and
regulations shall be compulsory standards, the others shall be voluntary
standards.
The local standards formulated by standardization administration
departments of provinces, autonomous regions and municipalities directly
under the Central Government for the safety and sanitary requirements of
industrial products shall be compulsory standards within their respective
administrative areas.
Article 8
The formulation of standards shall be conducive to ensuring safety and the
people's health, safeguarding consumer interests and protecting the
environment.
Article 9
The standards to be formulated shall be conducive to a rational use of the
country's resources, a wider utilization of scientific and technological
gains and the enhancement of economic returns, conform to operation
instructions, increase the universality and interchangeability of
products, and be technologically advanced and economically rational.
Article 10
The standards to be formulated shall be coordinated with and supported by
related standards.
Article 11
The standards to be formulated shall help promote economic and
technological cooperation with foreign countries and foreign trade.
Article 12
The roles of trade associations, scientific research institutions and
academic organizations shall be brought into play in the formulation of
standards. A department engaged in the formulation of standards shall
organize a committee on standardization technology composed of
specialists, which shall be responsible for the drafting of the standards
and shall participate in the examination of the draft standards.
Article 13
After the standards come into force, the department that formulated them
shall, in the light of scientific and technological developments and the
needs in economic construction, make timely reviews of the current
standards to determine if they are to remain effective or are to be
revised or annulled.
Chapter III Implementation of Standards
Article 14
Compulsory standards must be complied with. It shall be prohibited to
produce, sell or import products that are not up to the compulsory
standards. With regard to voluntary standards, the State shall encourage
their adoption by enterprises on an optional basis.
Article 15
With respect to products for which national or trade standards have been
formulated, enterprises may apply to the standardization administration
department under the State Council or agencies authorized by the same
department for product quality authentication. For products which are
authenticated to conform to the standards, certificates shall be issued by
the department that made the authentication and the use of the prescribed
authentication marks shall be permitted on such products and the packing
thereof.
If products for which authentication certificates have been granted do not
conform to national or trade standards, or if products have not undergone
authentication or found not up to the standards after the authentication
proceedings, no authentication marks shall be permitted for use on such
products leaving factories for sale.
Article 16
Technical requirements for export products shall comply with contractual
provisions.
Article 17
The development of new products, improvement of products or technical
renovation by an enterprise shall conform to standardization requirements.
Article 18
Departments of standardization administration under governments at or
above the county level shall be responsible for supervision over and
inspection of the implementation of the standards.
Article 19
Departments of standardization administration under governments at or
above the county level may, in accordance with needs, establish inspection
organizations or authorize inspection organizations of other units to
examine whether products conform to the standards. Where the laws and
administrative rules and regulations provide otherwise on inspection
organizations, such provisions shall apply.
Disputes over whether a product conforms to the standards shall be handled
in accordance with the inspection data provided by the inspection
organizations as specified in the preceding paragraph.
Chapter IV Legal Responsibility
Article 20
Whoever produces, sells or imports products that do not conform to the
compulsory standards shall be dealt with according to law by the competent
administrative authorities as prescribed by the laws and administrative
rules and regulations. In the absence of such prescriptions, his products
and unlawful proceeds shall be confiscated and he shall be concurrently
fined by the administrative authorities for industry and commerce; where
serious consequences are caused and crimes are constituted, the person
directly responsible shall be investigated for criminal responsibility in
accordance with the law.
Article 21
Where authentication marks are used on products leaving a factory for
sale, for which authentication certificates have been issued but which do
not conform to national or trade standards, the enterprise concerned shall
be ordered by the department of standardization administration to stop the
sale and shall be fined concurrently; where the circumstances are serious,
the authentication certificates shall be revoked by the department that
made the authentication.
Article 22
Whoever uses authentication marks, without authorization, on products
leaving a factory for sale, which have not undergone authentication or
have been found not up to the standards after the authentication
proceedings, shall be ordered by the department of standardization
administration to stop the sale and shall concurrently be fined.
Article 23
A party which refuses to accept the punishment of confiscation of its
products and of its unlawful proceeds and a fine may, within 15 days of
receiving the penalty notice, apply for reconsideration to the office
immediately above the one that made the punishment decision; a party which
refuses to obey the reconsideration decision may, within 15 days of
receiving the reconsideration decision, bring a suit before a people's
court. The party also may, within 15 days of receiving the penalty notice,
directly bring a suit before a people's court. If a party neither applies
for reconsideration nor brings a suit before a people's court within the
prescribed time nor complies with the punishment decision, the office that
made the punishment decision shall apply to a people's court for
compulsory execution.
Article 24
Personnel responsible for the supervision, inspection and administration
of standardization who violate the law or neglect their duties, or are
engaged in malpractices for personal gains, shall be given disciplinary
sanctions; where crimes are constituted, their criminal responsibility
shall be investigated in accordance with the law.
Chapter V Supplementary Provisions
Article 25
Rules for the implementation of this Law shall be formulated by the State
Council.
Article 26
This Law shall go into effect as of April 1, 1989.
Important Notice:
This English document is coming from the "LAWS AND REGULATIONS OF THE
PEOPLE'S REPUBLIC OF CHINA GOVERNING FOREIGN-RELATED MATTERS" (1991.7)
which is compiled by the Brueau of Legislative Affairs of the State
Council of the People's Republic of China, and is published by the China
Legal System Publishing House.
In case of discrepancy, the original version in Chinese shall prevail.
关于印发景德镇市重大项目调度会制度实施办法的通知
江西省景德镇市人民政府办公室
关于印发景德镇市重大项目调度会制度实施办法的通知
景府办字[2008]62号
各县（市、区）人民政府，市政府各部门，市直有关单位：
《景德镇市重大项目调度会制度实施办法》己经市政府同意，现印发给你们，请遵照执行。
二〇〇八年四月二十八日
景德镇市重大项目调度会制度实施办法
为加大重大项目建设的推进力度，及时跟踪落实重大项目的前期工作及实施进度情况，协调解决项目进程中遇到的困难和问题，形成对重大项目的督促、推进和服务工作机制。根据省重大项目调度实施办法，结合我市实际，决定建立重大项目调度会制度，并制定本实施办法。
一、重大项目调度会由市政府分管领导牵头，参加单位和人员主要有市政府有关部门和市直有关单位（市发改委、市经贸委、市外经贸局、市财政局、市国土资源局、市建设局、市环保局、市招商局、市规划局、景德镇供电公司等）分管领导、项目主管单位负责人、项目所在地政府领导，以及项目建设单位负责人等。
二、重大项目调度会原则上每月召开一次，如遇建设项目有急需协调解决的问题，可不定期组织召开。会议的具体时间、地点、参会对象，以及议题，由市发改委提前通知有关单位。
三、重大项目调度会重点研究、调度和督办的项目，包括:（一）需市政府或市政府投资主管部门上报省政府或省政府投资主管部门审批和核准的项目；（二）重大招商引资项目（投资总额亿元以上）；（三）对全市经济发展带动作用较大的重大基础设施建设项目和产业项目等。
四、各县（市、区）政府、市政府有关部门、市直有关单位根据职能分工负责调度和收集所跟踪服务的重大项目进展情况，并将需要市政府协调的问题及时提交重大项目调度会牵头单位（市发改委），项目主管部门和项目建设单位也可直接将重大项目进展情况和需要解决的问题，向重大项目调度会牵头单位（市发改委）提出书面要求，重大项目调度会牵头单位（市发改委）根据重大项目跟踪调度的情况确定每次会议主题。
五、重大项目调度会主要研究和协调重大项目推进过程中遇到的困难和问题，促进重大项目按计划顺利推进，重点在督促、推进、协调和服务上下功夫、见成效。重大项目调度会牵头单位（市发改委）要主动跟踪了解情况，其他有关职能部门要进一步增强服务意识和大局意识，密切配合，做好项目服务工作，建立起部门协同推进项目实施的工作机制。
六、对会议议定的事项实行跟踪问效责任制。调度会形成的决议，各相关单位要根据会议要求认真抓好落实；重大项目调度牵头单位（市发改委）要主动与有关单位加强沟通，对会议议定事项跟踪督查，并将落实情况及时汇总后报市政府。
