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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II CERTIFICATION CERTIFICATES CHAPTER III CERTIFICATION MARKS CHAPTER IV SUPERVISION AND INSPECTION CHAPTER V PENALTIES CHAPTER VI SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. The present Measures are formulated in accordance with the Regulation of the People's Republic of China on Certification and Accreditation (hereinafter referred to the Regulation) and the provisions of relevant laws and administrative regulations, for the purpose of strengthening administration on and supervision over the certification certificates and certification marks of product, service and management system certification (hereinafter referred to the certification certificates and certification marks), regulating the use of the certification certificates and certification marks, maintaining the legal rights and interests of the organizations having been certified and the general public, and promoting the healthy and orderly development of certification activities. Article 2. The "Certification Certificates" mentioned in the present Measures shall refer to the documentary evidences obtained through certification for products, services and management systems. The certification certificates shall include the product certification certificate, service certification certificate and management system certification certificate. The "Certification Marks" mentioned in the present Measures shall refer to the special symbols, designs or the combination of the symbols, designs and characters, which show that a product, service or management system has been certified. The certification marks include product certification marks, service certification marks and management system certification marks. Article 3. The present Measures shall be applicable to the making, issuance, archival filing, use and supervision and inspection of any certification certificate and certification mark. Article 4. The State Certification and Accreditation Regulatory Commission (hereinafter referred to the SCARC) shall be responsible for the work of administration, supervision and comprehensive coordination of certification certificates and certification marks according to law. The local quality and technical supervision departments and the entry-exit inspection and quarantine organs of all the local regions (hereinafter jointly called the local administrative departments of certification supervision) shall, according to their own duties, be responsible for the supervision over and inspection on certification certificates and certification marks within their own jurisdictions according to law. Article 5. No certification certificate or certification mark may be forged, unlawfully used, transferred or illegally traded. CHAPTER II CERTIFICATION CERTIFICATES Article 6. A certification body shall undertake certification activities according to the basic certification regulations and certification rules, and shall issue a certification certificate to the certification clients within prescribed time limit for those having passed the certification. Article 7. The product certification certificate shall include the following basic elements: (1) The name and address of the clients; (2) The name, model and specification of the product, and a description on the functions and characteristics of the products, if necessary; (3) The trademark of the product and the name and address of the manufacturer; (4) The name and address of the production plant of the product; (5) The standards and technical requirements on which certification is based; (6) Mode of certification; (7) Serial number of the certificate; (8) The issuing organ, issuing date and period of validity; and (9) Other contents need to be specified. Article 8. The service certification certificate shall include the following basic elements: (1) The name and address of the organization having been certified; (2) The business scope covered by the service having been certified; (3) The standards and technical requirements on which certification is based; (4) Serial number of the certificate; (5) The issuing organ, issuing date and period of validity; and (6) Other contents that need to be specified. Article 9. The management system certification certificate shall include the following basic elements: (1) The name and address of the organization having been certified; (2) The business scope covered by the management system of the organization having been certified; (3) The standards and technical requirements on which certification is based; (4) Serial number of the certificate; (5) The issuing organ, issuing date and period of validity; and (6) Other contents that need to be specified. Article 10. Any organization that has been certified shall use the certification certificate and the relevant information accurately in activities such as advertisements and publicity. In case there is any major alteration on any certified product, service or management system, the organization and individual having been certified shall apply to the certification body for alteration. No organization or individual may continue to use the certification certificate without alteration or if the certification certificate is found by any certification body through investigation not to meet the certification requirements. Article 11. A certification body shall establish a certification certificate management system, and conduct effective follow-up investigation into the conditions for the use of certification certificates by any certified organization or individual, and suspend those failing to meet the certification requirements or even revoke their certification certificates, make an announcement, and shall take back those certification certificates being revoked or cancelled. If it is unable to take them back, it shall make an announcement. Article 12. No one may mislead the general public to believe that its service or management system has passed certification by means of product certification certificate and relevant characters and symbols; or mislead the general public to believe that its product or management system has passed certification by means of service certification certificate and relevant characters and symbols; or mislead the general public to believe its product or service has passed certification by means of management system certification certificate and relevant characters and symbols. CHAPTER III CERTIFICATION MARKS Article 13. Certification marks are divided into compulsory certification marks and voluntary certification marks. Voluntary certification marks shall include the national unified voluntary certification mark and the certification mark made by a certification body itself. The compulsory certification marks and the national unified voluntary certification marks shall be a part of the certification marks owned exclusively by the state. The certification marks made by a certification body shall refer to the certification marks owned exclusively by the certification body. Article 14. The making and use of compulsory certification marks and national unified voluntary certification marks shall be prescribed by the SCARC according to law and shall be publicized accordingly. Article 15. The following provisions shall be followed for the design (including the symbol used), characters and name of any certification mark made by a certification body: (1) Not being identical or similar to the compulsory certification mark, national unified voluntary certification mark, or the certification mark made by any certification body itself, which has been put on records at the SCARC; (2) Not obstructing social administration order; (3) Not taking the well-known public resources or characters, symbols and patterns that have particular meanings as a component part of the certification marks (for example, using the characters, symbols or designs indicating safety, health, environmental protection, green or no pollution, etc.); (4) Not taking such characters, symbols and patterns, which may mislead the general public or result in social discrimination, or be harmful to social ethics and other illicit influences as a component part of the certification mark; and (5) Provisions of other laws and administrative regulations or the relevant technical specifications or standards formulated by the state. Article 16. All certification marks made by a certification body shall be reported to and put on records at the SCARC within 30 days as of the date of issuance. Article 17. A certification body shall submit the written documents of the design (including the symbol used), characters, name of any certification mark and the application scope, identification methods, use methods and other relevant information thereof when putting on records. The SCARC shall make examination and verification on the documents submitted by the certification body in accordance with the relevant provisions of the present Measures within 30 days after the documents of archival filing are received, and put on records and publicize those documents that correspond with the provisions of Article 15 of the present Measures, and notify the certification body to correct those that do not meet the requirements. Article 18. A certification body shall establish a certification mark management system, clarifying the rights and obligations of the users of the certification marks, and make effective follow-up investigation into the use of the certification marks by the certified organization, and make decisions on suspending or stopping the use of the certification mark in time in case it finds out any certified product, service, or management system cannot meet the certification requirements, and make an announcement accordingly. Article 19. An organization that has passed a product certification shall accurately use the product certification mark in the advertisements, product introductions and other promotional materials, and may label the product certification mark on the product that has passed certification and its packages, but shall not mislead the general public to believe that its service and management system have passed certification by means of the product certification mark. Article 20. An organization that has passed a service certification shall accurately use the service certification mark in the advertisements and relevant publicity, and may hang the service certification mark within the area of the certified service, but shall not mislead the general public to believe that its product or management system has passed certification by means of the service certification mark. Article 21. An organization that has obtained a management system certification shall accurately use the management system certification mark in the advertisements and relevant publicity, and shall not label the management system certification mark on any product, and may not label the management system certification mark on the package of any product until the certified organization indicates that it has passed relevant management system certification. CHAPTER IV SUPERVISION AND INSPECTION Article 22. The SCARC shall organize the local administrative departments of certification supervision to make supervision over and inspection on the use of any certification certificate or certification mark, and make investigation into and give punishment on illegal acts of forging, adulterating, transferring and illegally trading of any certification certificate or certification mark. Article 23. The SCARC shall make supervision over and inspection on conditions of management on certification certificates and certification marks by any certification body. A certification body shall provide an annual report to the SCARC on the management on its certification certificates and certification marks. The annual report shall include the follow-up investigation into the use of the certification certificates or certification marks by any certified organization. Article 24. An overseas owner of a certification mark or the agent he authorizes may handle archival filing of overseas certification marks to the SCARC. The contents of the archival filing shall include the design of the certification mark (including the symbols used), characters, name, application scope, identification method, holder of the certification mark, and the use and alteration thereof, etc.. A foreign-funded certification body established in China shall handle archival filing for the certification marks it makes by itself in accordance with the provisions of Article 16 of the present Measures. Article 25. A certification body shall announce the use of the certification certificates and certification marks of its own body and other relevant information, so as to facilitate the general public's consultation and social supervision. Article 26. Any entity or individual may report to the SCARC or local administrative departments of certification supervision acts in violations of laws and regulations such as forging, adulterating, transferring and illegal trading of any certification certificate or certification mark, etc. CHAPTER V PENALTIES Article 27. In case anyone violates the provisions of Article 12 of the present Measures, and confounds the use of any certification certificate with any certification mark, the local administrative department of certification supervision shall order it to correct within a prescribed time limit, and impose upon it a fine of less than RMB 20,000 Yuan if it fails to correct within the time limit. In case anyone who fails to pass the certification, but uses false language in any product or the package of the product, advertisements or other publicity to show it has passed the certification, the local administrative department of certification supervision shall punish it as the illegal acts of forging or adulterating certification marks. Article 28. In case anyone violates any of the provisions of the present Measures, forges any certification certificate or illegally uses any other's certification certificate, the local administrative department of certification supervision shall order it to correct and impose a fine of RMB 30,000 Yuan upon it. Article 29. In case anyone violates the provisions of the present Measures, illegally trades or transfers any certification certificate, the local administrative department of certification supervision shall order it to correct and impose upon it a fine of RMB 30,000 Yuan; if any certification body sells or transfers any certification certificate to any certification clients that have not passed the certification, it shall be penalized in accordance with Article 62 of the Regulation. Article 30. In case any certification body violates the provisions of Article 15 of the present Measures in making certification marks, it shall be punished according to Article 61 of the Regulation; in case it violates the provisions of other laws and administrative regulations, it shall be subject to punishment accordingly. Article 31. In case any certification body finds out the product, service and management system certified by it cannot meet the certification requirements constantly, but fails to suspend the use of the certification certificate or certification mark in time, or fails to revoke the certification certificate or stop its use of the certification mark, it shall be punished according to the provisions of Article 60 of the Regulation. Article 32. In case any certification body fails to announce relevant information such as the use of any certification certificate or certification mark of its own organ to the general public, it shall be ordered to correct within a prescribed time limit; if it fails to correct within the prescribed time limit, it shall be admonished. Article 33. In case anyone forges, illegally uses or illegally trades certification marks, it shall be subject to penalties in accordance with the Product Quality Law of the People's Republic of China and the Law of the People's Republic of China on Import and Export Commodity Inspection, and the provisions of relevant laws and administrative regulations. CHAPTER VI SUPPLEMENTARY PROVISIONS Article 34. The fee charging for certification certificates and certification marks shall be implemented in accordance with the provisions of the relevant price laws and administrative regulations of the state. Article 35. The power to interpret the present Measures shall remain with the SAQSIQ. Article 36. The present Measures shall come into force as of August 1, 2004. The Measures for the Administration of Product Quality Certification Certificates and Certification Marks promulgated by the former State Administration of Technical Supervision on February 10, 1992, and the relevant provisions on the certification marks in the Measures for the Administration of Marks of Import and Export Commodities, which were promulgated by the former State Administration of Commodity Inspection on September 21, 1995 shall be repealed simultaneously. |
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