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Article 1. The present Measures are hereby formulated in accordance with the Regulations of the People's Republic of China on Certification and Accreditation for the purpose of regulating the practicing acts of the personnel of certification and certification related training and consulting, and strengthening the administration on the certification market. Article 2. The "Personnel of Certification and Certification Related Training and Consulting" mentioned in the present Measures shall refer to the auditors of the management system certification, inspectors of product certification, teachers of certification related training, and consultants of certification, and other personnel undertaking the certification, certification related training and consulting, as well as the business management personnel of certification bodies, certification related training course providers and certification related consulting bodies. The "Practice of Personnel of Certification and Certification Related Training and Consulting" mentioned in the present Measures shall refer to the activities of certification, certification related training and consulting, and business management, which are undertaken by the personnel who are hired by a certification body, certification related training course provider or certification related consulting body. Article 3. The personnel undertaking activities of certification, certification related training and consulting within the territory of the People's Republic of China shall abide by the present Measures. Article 4. The state shall implement a unified system of registration on the qualification of practice of personnel such as the auditors of management system certification, inspectors of product certification, teachers of certification related training, and the consultants of certification for their undertaking of the activities of certification, certification related training and consulting; and shall make unified supervision over and administration on the practicing acts of the personnel of certification, certification related training and consulting. Article 5. The Certification Accreditation Administration of the People's Republic of China (hereinafter referred to the CNCA) shall be responsible for the work of approval for the practice qualification registration system on personnel undertaking activities such as the certification, certification related training and consulting; and shall make supervision over and administration on the acts of practice of such personnel of certification, certification related training and consulting. The local administration of quality and technology supervision departments and the entry-exit inspection and quarantine organs of all the localities (hereinafter jointly referred to the local certification supervision and administration departments) shall, according to their own division of responsibilities, make supervision over and inspection on the practicing acts of such personnel of certification, certification related training and consulting within their own jurisdictions. The China National Auditor and Training Accreditation Board shall undertake the work for the practice qualification registration on personnel of certification, certification related training and consulting. The China National Accreditation Board shall conduct accreditation supervision over the assessment of the abilities of the certification personnel of the certification bodies and the activities of use and management according to the accreditation guidelines. The certification bodies, certification related training course providers and certification related consulting bodies shall, in accordance with the provisions of the present Measures, make administration on the practicing acts of the personnel of certification, certification related training and consulting they engage. Article 6. The personnel undertaking the activities of certification, certification related training and consulting shall apply for practice qualification registration to the China National Auditor and Training Accreditation Board. Those failing to make registration shall not undertake the relevant activities. For those new fields of certification, certification related training and consulting, to which the state has not established any practice qualification registration system, the corresponding certification body, certification related training course provider and certification related consulting body shall establish system of appraisal of practicing personnel, and shall apply for confirming the practice qualification of the relevant personnel to the China National Auditor and Training Accreditation Board. Those failing to be confirmed shall not undertake the relevant activities. Article 7. The personnel of certification, and certification related training and consulting shall be classified into full time and part time personnel in their practice. The full time personnel of certification and certification related training and consulting shall refer to the persons who have the activities of certification, and certification related training and consulting, as well as the relevant business management as their own work, and sign a labor contract with one certification body, certification related training course provider or certification related consulting body, and work in such bodies regularly. The part-time personnel of certification and certification related training and consulting shall refer to the persons who sign labor contract with one certification body, certification related training course provider or certification related consulting body under the condition of not breaking away from his own work, and undertake the activities of certification, certification related training or certification related consulting. No state civil servants may undertake the activities of certification, certification related consulting or certification related training. Article 8. A certification person shall practice in one certification body when undertaking certification activities, and shall not practice in two or more certification bodies concurrently. A full-time or part-time certification person who practices in a certification body, and has the relevant qualification of a teacher of certification related training may, after the certification body where he works signs a contract with the certification related training course provider, undertake certification related training activities in one certification related training course provider. No certification personnel may be engaged by any certification related consulting body or undertake certification consultation activities in any ways. Article 9. A person of certification related training shall practice in one certification related training course provider when undertaking certification related training, and shall not practice in 2 or more certification related training course providers concurrently. A full-time or part-time person of certification related training who practices in one certification related training course provider, and has the relevant qualification of certification personnel or certification consultant may, after the certification related training course provider where he works signs a contract with the certification related consulting body, undertake activities of certification or certification consulting in one certification consulting body. Article 10. A certification consultant shall practice in one certification related consulting body when undertaking certification consulting activities, and may not practice in 2 or more certification related consulting bodies concurrently. A full-time or part-time certification consultant who practices in a certification related consulting body, and has the relevant qualification of a teacher of certification related training may, after the certification related consulting body where he works signs a contract with the certification related training course provider, undertake activities of certification related training in one certification related training course provider. No certification consultant may be engaged by any certification body or undertake certification activities in any ways. Article 11. The practice of the personnel of certification, certification related training and consultation in special fields shall be subject to the approval of the CNCA. Article 12. Where any personnel of certification, certification related training and certification related consulting is engaged by any certification body, certification related training course provider or certification related consulting body, he/she shall issue the relevant certification documents and other documents of statements, and shall ensure the truthfulness and effectiveness of the above-mentioned materials. Where any certification body, certification related training course provider and certification related consulting body determines to engage any practicing personnel, it shall check whether the certification documents and other documents of statements provided by the practicing personnel are true and valid, and shall put them on records. Where any personnel of certification and certification related training or consulting establishes engagement relations with any certification body, certification related training course provider and certification related consulting body, they shall sign labor contract according to law, and clarify the rights and duties of the two parties. If they cancel the engagement relations, they shall terminate the labor contract according to law. Article 13. The personnel of certification and certification related training and consulting shall follow the principle of objectiveness, fairness, and good faith when undertaking the activities of certification, certification related training and consultation, so as to ensure the integrality, impersonality and effectiveness of the certification, certification related training and consultation activities they undertake. Article 14. The personnel of certification and certification related training and consulting may not have the following acts when undertaking activities of certification, certification related training and consulting: (1) Undertaking activities of certification and certification training and consulting in any institution or entity not corresponding with the provisions of the relevant state laws and regulations; (2) Undertaking activities of certification and certification training and consulting without registration qualification or without being confirmed or approved; (3) Issuing false conclusions or conclusions inconsistent with the facts, falsifying or inducing others to falsify false or untrue documents or records inconsistent with the facts; (4) Increasing, reducing, or omitting the procedures for certification and certification related training and consulting prescribed by the relevant laws and regulations, standards or relevant rules; (5) Seeking interests by making misleading or deceptive publicity or false commitment; (6) Accepting the gifts and money or other forms of interests from the customers of certification and certification related training and consulting and the relevant parties of any interests; (7) There is or occurs any economic interests relation between the certification personnel who practice in a certification body and the certification related consulting body or in the certification consulting activities. There is or occurs any relation of economic interests between the practicing personnel of a certification related consulting body and the certification body or in the certification activities; (8) Any staff member of a certification body, who has any relation of interests with any staff member of a certification related consulting body in certification activities or may have an impact on the impartiality of the certification, fails to withdraw; (9) Disguising the truth of practice of himself/herself in the certification body, certification related training course provider and certification related consulting body where he/she practices,; (10) Willfully defaming or decrying other certification body or certification related training course provider or certification related consulting body and their personnel; (11) Other acts in violation of the relevant provisions of certification and certification related training or consultation. Article 15. The CNCA and the local certification supervision and administration departments may inquire of the personnel of certification and certification related training and consulting and their practicing bodies about the relevant matter concerning the complaints and the issues found in the work of supervision and administration. The relevant personnel and bodies shall cooperate positively. Article 16. In case any personnel of certification and certification related training and consulting violate the provisions of Articles 8, 9 and 10 of the present Measures, they shall be ordered to correct and punished by banning their practice qualification for one year. If the circumstances are serious, they shall be punished by banning the practice qualification for two years. If anyone fails to correct within the prescribed time limit, he/she shall be imposed upon a penalty of revocation of practice qualification. Article 17. Any personnel of certification and certification related training and consulting violate the provisions of item (3) of Article 14 of the present Measures shall be punished by revocation of practice qualification. Article 18. In case any personnel of certification and certification related training and consulting violate other provisions of Article 14 of the present Measures, they shall be ordered to correct within a prescribed time limit. If they fail to correct within the time limit, they shall be punished by stopping practice for 6 months up to one year. If the circumstances are serious, they shall be punished by banning the practice qualification for two years or even be revoked of the practice qualification. Article 19. In case any certification body, certification related training course provider or certification related consulting body fails to implement effective control on its practicing personnel, or connives with or induces the practicing personnel and results in the violation of laws and regulations of such personnel, it shall be fined RMB 5,000 Yuan up to RMB 10,000 Yuan. If the circumstances are serious, a fine of 320,000 Yuan shall be imposed upon it. If there are other specified provisions by laws and administrative regulations, such provisions shall be followed. Article 20. The China National Auditor and Training Accreditation Board shall no longer accept the registration application of any personnel of certification, certification related training and consulting within five years after they have been revoked of practice qualifications. Article 21. The CNCA shall announce the names of the personnel of certification and certification related training and consulting, who have been stopped practice or revoked of their practice qualification. Article 22. The power to interpret the present Measures shall remain with the State Administration of Quality Supervision, Inspection and Quarantine. Article 23. The present Measures shall come into force as of July 1, 2004. |
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