|
Welcome Guest
|
|
You are using Guest Account
|
|
||||||||||||||||||||||||||||||||||
|
TABLE OF CONTENTS CHAPTER I GENERAL RULES CHAPTER II ADMINISTRATION OF MANUFACTURING LICENSE FOR INDUSTRIAL PRODUCTS CHAPTER III PROCEDURES FOR OBTAINING MANUFACTURING LICENSES CHAPTER IV MANAGEMENT OF THE CERTIFICATES AND MARKS CHAPTER V RULES FOR PUNISHMENT CHAPTER VI SUPPLEMENTARY RULES CHAPTER I GENERAL RULES Article 1. In order to improve the product quality from the start stage, to guarantee the product safety and to regulate the administration of manufacturing license for industrial products, these Measures have been enacted in accordance with the Law of the People's Republic of China on Product Quality, the Trial Regulations on Manufacturing License for Industrial Products, the Regulations on the Administration of the Safety of Dangerous Chemicals and the authority of the State Administration for Quality Supervision, Inspection and Quarantine (hereinafter referred to the AQSIQ) vested with by the State Council. Article 2. The state shall apply the system of manufacturing license to the industrial products which are important for the protection of state security, health or safety of human beings, life or health of animals and plants, and environment, etc. The State shall uniformly formulate and promulgate the Catalog of Products Subject to the System of Manufacturing License for Industrial Products (hereinafter referred to the Catalog). These Measures shall be observed in the application, examination, and issuance (replacement) of the manufacturing license, and in the use of the mark thereof, for any product that is manufactured within the People's Republic of China and listed in the Catalog. No enterprise, entity or individual (hereinafter referred to enterprise) may manufacture the products listed in the Catalog without obtaining the manufacturing licenses. Anyone that manufactures the product without obtaining the manufacturing license for it shall be regarded as engaging in non-licensed manufacturing. Article 3. The AQSIQ shall, on the basis of bringing into full play the role of the departments under the State Council and that of the industries, uniformly administrate the work of manufacturing license for industrial products of the whole country. And according to the work needs, the AQSIQ shall authorize the Bureaus of Quality and Technical Supervision of the provinces, autonomous regions and municipalities directly under the Central Government (hereinafter referred to the provincial Bureaus), various kinds of departments of the examination of licensed products, and various kinds of agencies of the inspection of licensed products to jointly accomplish the acceptance of applications for manufacturing license for industrial products, the examination of the enterprises' manufacturing conditions, the inspection of the product quality and the gathering and reporting of the materials. Article 4. The administration of manufacturing license for industrial products shall be based on the principles of administration according to law, justice, openness and high efficiency, and repeated inspections shall be prohibited. CHAPTER II ADMINISTRATION OF MANUFACTURING LICENSE FOR INDUSTRIAL PRODUCTS Article 5. The AQSIQ shall administer the work of manufacturing license for industrial products of the whole country, its main duties shall include: (1) Being responsible for the implementation of these Measures; (2) Formulating the relevant rules and regulatory documents on manufacturing licenses; (3) Formulating and promulgating the catalog of products subject to the administration of manufacturing license system; (4) Establishing the departments of product examination according to the needs, and supervising and administrating those departments; (5) Formulating and promulgating the detailed rules for the implementation of manufacturing licenses for various kinds of products; (6) Examining and determining the inspection agencies undertaking the manufacturing license inspection; (7) Issuing the certificates of manufacturing licenses; (8) Announcing the list of the enterprises obtaining manufacturing licenses; (9) Organizing the training, examination and retaining of manufacturing license examiners; (10) Supervising the work performance of the personnel of manufacturing license examination and administration; (11) Organizing the administration and supervision after the issuance of manufacturing licenses; (12) Organizing the annual examinations of the enterprises that have obtained the manufacturing licenses; (13) Organizing the investigation and punishment of the illegal acts of non-licensed manufacturing and selling non-licensed products; (14) Establishing the system of manufacturing license information management; and (15) Accepting the relevant complaints concerning manufacturing license work and dealing with the disputes over manufacturing licenses. The National Industrial Product Manufacturing License Office (hereinafter referred to the National Office) shall assume the daily work of manufacturing license administration. Article 6. The relevant departments under the State Council shall, within the scope of their respective duties, assist the AQSIQ in the manufacturing license work in the relevant areas, their main duties are: (1) Proposing the product projects subject to the administration of manufacturing license in accordance with the polices of the state on economic development and the relevant laws and regulations; (2) Organizing the drafting and determination of the product standards and technical criterions applied in the administration of manufacturing license; (3) Organizing the drafting of the detailed rules for the implementation of manufacturing licenses for the relevant products; (4) Recommending the departments of manufacturing license examination and the agencies of product quality inspection of the relevant products; and (5) Confirming the list of the enterprises that meet the conditions for obtaining the licenses. Article 7. The provincial Bureaus shall, under the leadership of the AQSIQ, carry out daily supervision and administration of manufacturing license within their respective administrative areas, their main duties are: (1) Being responsible for accepting the enterprises' applications for manufacturing licenses; (2) Organizing or assisting in organizing the examination of manufacturing conditions of the enterprises applying for manufacturing licenses; (3) Recommending the inspection agencies to undertake manufacturing licenses inspections; (4) Organizing or assisting in organizing the publicity and execution of the detailed rules for the implementation of manufacturing licenses; (5) Being responsible for the supervision and administration of the enterprises that have obtained the manufacturing licenses; (6) Organizing the annual examinations of the enterprises that have obtained the manufacturing licenses; and (7) Being responsible for the investigation and punishment of the illegal acts of non-licensed manufacturing and selling of non-licensed products. The Industrial Product Manufacturing License Offices of the provinces, autonomous regions and municipalities directly under the Central Government (hereinafter referred to the provincial Offices) shall assume the daily work of manufacturing licenses administration. Article 8. The departments of manufacturing license product examination shall, by the entrustment of the National Office, undertake the manufacturing license technical examination of the relevant products, its main duties are: (1) Assisting the National Office in drafting the detailed rules for the implementation of manufacturing licenses of the relevant products; (2) Organizing the publicity and execution of the detailed rules for the implementation of manufacturing licenses; (3) Organizing or assisting in organizing the examination of the manufacturing conditions of the enterprises applying for licenses; (4) Recommending the inspection agencies undertaking the manufacturing licenses inspections; (5) Examining and gathering the relevant materials of the enterprises applying for manufacturing licenses; and (6) Assisting in the annual examinations of the enterprises that have obtained the manufacturing licenses. Article 9. The agencies of product quality inspection established and authorized according to law must get the approval before they may undertake the quality inspection of the relevant products with manufacturing licenses, their main duties are: (1) Undertaking the manufacturing license inspection and testing of the relevant products, provide the inspection reports scientifically, justly and accurately; (2) Assisting the provincial Bureaus in the supervision and inspection of the products to which the manufacturing licenses have been granted; and (3) Providing the quality status of the licensed products to the AQSIQ timely. Article 10. The industrial product manufacturing license examiners must receive the training, pass the examination and obtain the qualification certificates before they may be retained to undertake the corresponding examination work. The examiners must carry out their work in accordance with the Detailed Rules for the Issuance (Replacement) of Manufacturing Licenses for Industrial Products and the relevant provisions, and pursuant to the prescribed procedures. Article 11. The fees collected for the manufacturing licenses for industrial products shall include the examination fee, the product inspection fee and the announcement fee, the specific forms of collection and use shall be in line with the provisions of the relevant departments under the State Council. CHAPTER III PROCEDURES FOR OBTAINING MANUFACTURING LICENSES Article 12. An enterprise shall meet the following basic conditions to obtain a manufacturing license: (1) The business scope of the enterprise shall cover the product for which the license is applied; (2) The product quality shall meet the present state standard or industrial standard, and the standards clearly indicated by the enterprise; (3) Having accurate and complete technical documents and technical requirements; (4) Having the manufacturing equipment, technique equipment, and measurement and inspection means that may guarantee the quality of the said product; (5) Having the professional technicians, skilled technical workers and measuring and inspecting personnel that may guarantee the normal manufacturing and the product quality; and (6) Having a sound and effective quality administration system; and (7) Meeting the relevant requirements of the laws, administrative regulations and the relevant policies of the State. Article 13. The enterprises that manufacture the products listed in the Catalog shall file the applications with the provincial Bureaus. The provincial Bureaus shall, after accepting the application materials of the enterprises, issue the Notice on Accepting Manufacturing License Application to the enterprises qualified for the application within 7 workdays. No entity may additionally set forth conditions other than those restrictive conditions prescribed by laws and administrative regulations to restrict the enterprises from applying for manufacturing licenses. Enterprises that have been newly established and that have newly transformed their manufacturing shall timely apply to the provincial Bureaus for the manufacturing licenses. Article 14. The following procedures shall be observed in the spot examination of the enterprises' manufacturing conditions: (1) Where the detailed rules for implementation of manufacturing licenses provide that the examination of the enterprises' manufacturing conditions and the sample sealing shall be organized by the provincial Bureaus, the Bureaus shall, within 2 months after accepting the enterprise's application, organize the examination of the manufacturing conditions of the enterprise applying for license and select and seal the samples on the spot. The provincial Offices shall, within 3 months from the day of accepting the enterprise's application, finish the gathering of materials, and submit the list and relevant materials of the qualified enterprises to the department of examination. The departments of examination shall, within 45 days from the day of receiving the materials submitted by the provincial Bureaus, finish the selective examination of the enterprise's manufacturing conditions and the gathering of materials, and shall submit the list and relevant materials of the qualified enterprises to the National Office; (2) Where the detailed rules for implementation of manufacturing licenses provide that the examination of the enterprises' manufacturing conditions and the sample sealing shall be organized by the departments of examination, the provincial Bureaus shall, within 15 days from accepting the enterprise's application, transfer the relevant materials to the departments of examination. The departments of examination shall, within 2 months from the day of receiving the materials submitted by the provincial Offices, organize the examination of the manufacturing conditions of the enterprise applying for license, and select and seal the samples on the spot. The departments of examination shall, within 3 months from the day of receiving the materials submitted by the provincial Offices, submit the list and relevant materials of the qualified enterprises to the National Office; and (3) The examination of manufacturing conditions of the enterprise applying for license shall be undertaken by the examining groups, with the group leaders bearing the overall responsibility, and the examining groups shall be responsible for the examination report. Article 15. An enterprise applying for license shall, within 15 days from the samples are sealed, send the samples to the designated inspection agency. The inspection agency shall, after receiving the samples, make the inspection according to the standards and requirements provided for by the detailed rules for implementation, and shall finish the inspection within the prescribed period. If the standards provide for special requirements for the product inspection, those requirements shall be observed. If the period of product inspection exceeds the time limit for material submitting prescribed in Article 14, the time of accomplishing the inspection shall be regarded as the time of submitting the materials. Article 16. The National Office shall finish the examination and determination within 1 month from the day of receiving the list and relevant materials of enterprises qualified for licensing gathered by the provincial Bureaus and the departments of examination. After the examination and determination, the AQSIQ shall issue the manufacturing licenses to those qualified for licensing, and for those unqualified, the AQSIQ shall return the submitted materials to the relevant provincial Bureaus or departments of examination, and shall inform the enterprises. Article 17. The provincial Bureaus shall circulate the Notice on Failure in the Manufacturing License Examination to the enterprises unqualified for licensing, and shall withdraw the Notice on Accepting Manufacturing License Application. The enterprises shall, from the day of receiving the Notice on Failure in the Manufacturing License Examination, make the rectification earnestly, and they may not file the application again until 2 months later. CHAPTER IV MANAGEMENT OF THE CERTIFICATES AND MARKS Article 18 The mark and serial number of a manufacturing license shall be composed of capital Pinyin XK plus 10 Arabic numbers, like: XK**-***-*****. Among them, XK represents Xu Ke (permitted), the first two numbers (**) represent the serial number of the industry, the three numbers in the middle (***) represent the serial number of the product, and the last 5 numbers (*****) represent the serial number of the enterprise's manufacturing license. Article 19. Generally, the valid term of a manufacturing license shall not exceed 5 years and shall be calculated from the day of issuance. An enterprise shall, within 6 months before the expiration of the manufacturing license, apply to the provincial Bureau for replacing the license. In case the enterprise fails to file the application on time and thus causes the delay of the replacing time, it shall bear the results by itself. For an enterprise applying for license that holds the Notice on Accepting Manufacturing License Application, its products shall be regarded as license products within 6 months from the day of issuance of the acceptance notice. Article 20. If the product standards are changed within the valid term of the manufacturing license, the departments of examination shall present the scheme on re-inspection and reexamination, and the AQSIQ shall organize the supplementary examination. If the manufacturing conditions of an enterprise are changed (including reconstruction, transformation, expansion, moving the manufacturing place of the licensed product), the enterprise shall, within 3 months after the change takes place, file the application with the local provincial Bureau, and go through the procedures for alteration according to the prescribed process. If the name of an enterprise is changed, the enterprise shall, within 3 months after the name is changed, apply for name change of the manufacturing license to the local provincial Bureau. Article 21. An enterprise shall properly keep its certificate of manufacturing license, if the certificate is lost or become unidentifiable as a result of damage or force majeure, etc. the enterprise shall make a declaration on the main newspapers at the level of province or above, and shall report to the local provincial Bureau at the same time. The Bureau shall accept the enterprise's application for drawing a replacement of the manufacturing license timely, and handle the procedures for the re-drawing according to the provisions. Article 22. For a product to which the manufacturing license has been granted, the enterprise shall indicate the mark and serial number on the product, package or specifications. Article 23. An enterprise that has obtained the manufacturing license may not transfer the mark and serial number of its license to others for them to use. Article 24. An enterprise that has obtained the manufacturing license shall guarantee to keep manufacturing qualified products. An enterprise that sells any product listed in the Catalog shall guarantee that the product it sells has been granted the manufacturing license. An enterprise that manufactures and sells the products under the administration of manufacturing license must be subject to the supervision and administration of the departments of quality and technical supervision of its locality. CHAPTER V RULES FOR PUNISHMENT Article 25. If an enterprise that sells the product listed in the Catalog manufactures and sells the product without obtaining the manufacturing license according to these Measures, the department of quality and technical supervision shall order it to stop manufacturing and selling, and order it to obtain the manufacturing license within the prescribed time limit. if there are any illegal gains, the departments shall confiscate those illegal gains and impose on the enterprise a fine of 15% to 20% of the value of the products illegally manufactured and sold (including the products that have been sold and that have not been sold, hereinafter the same). If any loss is caused, the department shall investigate the enterprise's legal liabilities according to law. Article 26. If anyone manufactures or sells products that do not meet the requirements of the relevant product standard provided for in the detailed rules for implementation of manufacturing licenses, it shall be punished in accordance with Article 49 of the Law of the People's Republic of China on Product Quality. If the circumstances are serious, its manufacturing license shall be revoked. Article 27. If anyone forges the manufacturing license or falsely uses that of others, or an enterprise that has obtained the manufacturing license transfers the license or alters the mark or serial number of the license, the department of quality and technical supervision shall order it to correct its acts, and shall punish it in accordance with Article 53 of the Law of the People's Republic of China on Product Quality. If the circumstances are serious, its manufacturing license shall be revoked. Anyone that, in violation of law, accepts and uses the mark and serial number of manufacturing license provided by others shall be regarded as non-licensed acts and be given punishment in accordance with Article 25 of these Measures. Article 28. If anyone unqualified for obtaining the manufacturing license obtains one by unlawful means, its manufacturing license shall be revoked, and it shall be imposed on a fine of not more than 30,000 yuan. Article 29. If an enterprise that has obtained the manufacturing license fails to indicate the mark and serial number of the manufacturing license on the product, package or specifications, it shall be punished in accordance with 54 of the Law of the People's Republic of China on Product Quality. Article 30. If the product to which the manufacturing license has been granted fails the selective inspection of product quality at the level of state or province, the enterprise shall be ordered to make rectifications within a prescribed time limit. If, after the rectification, the product fails the re-inspection, the manufacturing license for it shall be revoked. Article 31. If any inspection agency undertaking the inspection of licensed products fabricates the inspection data or inspection conclusions, it shall be punished according to Article 57 of the Law of the People's Republic of China on Product Quality, and its qualification for undertaking the inspection shall be cancelled. Article 32. If any relevant functionary engaging in the manufacturing license work abuses his powers, neglects his duties, or seeks private gains by unlawful means and thus constitutes a crime, he shall be investigated for criminal responsibilities according to law. If a crime hasn't been constituted, he shall be given administrative sanctions according to law. If any department of quality and technical supervision or department of product examination engaging in the administration of manufacturing license has committed any of the foregoing acts, it shall be warned and a notice of criticism shall be circulated. If the circumstances are serious, its qualification for engaging in the administration of manufacturing license shall be cancelled. Article 33. If an enterprise raises objections concerning the issuance or revocation of the manufacturing license, it may ask the provincial Bureau to make a re-examination. And if it still has objections concerning the re-examination result, it may apply to the National Office for a re-examination as a final. If an enterprise raises objections concerning the decision on administrative punishment, it may, within 2 months from the day of receiving the notice on the administrative punishment, applies to the department of quality and technical supervision at the next higher level for administrative reconsideration or directly bring an administrative lawsuit before the people's court. CHAPTER VI SUPPLEMENTARY RULES Article 34. The power to interpret these Measures shall remain with the AQSIQ. Article 35. These Measures shall come into force as of June 1, 2002. And the Measures for Administration of Manufacturing License for Industrial Products promulgated by the State Economic Commission (No.526 [1984] of the State Economic Commission) shall be nullified at the same time. |
||||||||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||||||||
|
Copyright 2002 NovexCn.com
|