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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II CONDITIONS FOR EXEMPTION AND PROCEDURES FOR DETERMINATION CHAPTER III SUPERVISION AND ADMINISTRATION CHAPTER IV SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. In order to encourage enterprises to improve product quality, to enhance the effectiveness of product quality supervision and inspection, to support good-quality and competitive products, to avoid repeated inspection and to regulate the exemption of products from quality supervision and inspection, these Measures have been enacted in accordance with the Law of the People's Republic of China of Product Quality and the Decision of the State Council on Several Issues of Further Strengthening the Work of Product Quality. Article 2. The General Administration of Quality Supervision, Inspection and Quarantine (hereinafter referred to the AQSIQ) shall apply to the products that meet the conditions prescribed in these Provisions the system of exemption of the quality supervision and inspection conducted by the government departments (hereinafter referred to the exemption system). The inspection-free products shall be exempted from the selective inspection of quality supervision by the government departments at various levels within a certain period. Import and export products shall be subject to the relevant provisions. Article 3. The present Provisions shall be observed in the determination, supervision and administration of inspection-free products. Article 4. The AQSIQ shall be responsible for the exemption work of the whole country, and shall periodically promulgate the catalog of the categories of products that are exempted from inspection. The quality and technical supervision departments at the provincial level shall be responsible for the concrete implementation of the exemption work. Article 5. The exemption work shall be based on the principles of being scientific, just and open, of voluntary application by the enterprises, and of no charges and no extra burden for the enterprises. Article 6. In order to maintain the reputation of the inspection-free products and guarantee the stability of the quality of those products, the AQSIQ shall strengthen the supervision and administration of the exemption work. CHAPTER II CONDITIONS FOR EXEMPTION AND PROCEDURES FOR DETERMINATION Article 7. The exemption work shall be carried out once a year. The AQSIQ shall, in the first quarter of each year, promulgate a catalog of the categories of products exempted from inspection for that year, the basic conditions for application, the start and closing date of accepting applications for exemption, and the work schedule. The products that have been recognized as Chinese famous-brand products and that have obtained the protection of origin shall enjoy the priority to be listed in the annual catalog of the categories of products exempted from inspection. Article 8. Inspection-free products and the production enterprises thereof shall meet the following requirements: (1) The enterprise shall be qualified as an independent legal person, the product quality shall be stable for a long term and there shall be a sound quality guaranty system; (2) The market share of the product and the economic benefit of the enterprise shall rank among the highest in the industry; (3) The product standard shall meet, or be stricter than, the requirements of the state standard and industrial standard; (4) The products shall be deemed qualified in 3 or more successive inspections conducted by the department of quality and technical supervision at the provincial level or above; (5) The product shall meet the requirements of the relevant laws and regulations of the state and the industrial policies of the state. Article 9. Any enterprise that meets the conditions provided for in Article 8 of these Provisions may file an application for exemption, fill in the application form for exemption, provide the valid certifications faithfully and submit them to the department of quality and technical supervision at the provincial level of the place where the enterprises is located. Article 10. The departments of quality and technical supervision at the provincial level shall be responsible for accepting the applications of the enterprises, making written examination of the application materials, signing examination opinions and submitting the materials to the AQSIQ. Article 11. The AQSIQ shall, after seeking opinions from the relevant circles, determine the inspection-free products, issue certificates of exemption to the applicant enterprises that meet the conditions and make public announcements. Article 12. An enterprise that has obtained the certificate of exemption may, at its free will, use the provided exemption mark on the inspection-free products or the packages thereof. The exemption mark used shall indicate the approved time and effective term of the exemption. The effective term of exemption is 3 years. Where the product needs exemption after the expiration, the enterprise shall file an application again. CHAPTER III SUPERVISION AND ADMINISTRATION Article 13. The production enterprises of inspection-free products shall strengthen the quality administration and guarantee the product quality. Article 14. The production enterprises of inspection-free products shall, pursuant to the provisions, report the quality status of the inspection-free products once a year to the local departments of quality and technical supervision and the AQSIQ. Article 15. When major changes happen to the production conditions of the inspection-free products or to the organizational structure of the enterprise, and when the product standard is revised, the enterprise shall, within 30 days, report to the local departments of quality and technical supervision and the AQSIQ. Article 16. Where any quality accident happens to the inspection-free products within the effective period, the production enterprise shall, according to the seriousness of the circumstances, be ordered to make rectifications within the prescribed time limit and to stop using the exemption mark, the certificate of exemption shall be withdrawn and a public announcement shall be made, and the enterprise shall be investigated for the liabilities for assuming product quality. Article 17. Users and consumers shall have the right to carry out social supervision over the inspection-free products. They may complain to or inform the department of quality and technical supervision at the provincial level of the place where the production enterprise is located about the quality problems of the inspection-free products. The supervision department shall be responsible for the investigation and shall report the investigation results or handling opinions to the AQSIO. The AQSIQ shall, according to the situations, designate the relevant department of quality and technical supervision at the provincial level to deal with the case. Article 18. No one may pass off non-inspection-free products as inspection-free products, or forge exemption certificates or exemption marks, or transfer exemption certificates or exemption marks to others, or expand the use scope of exemption certificates or exemption marks without approval; whoever violates the provisions shall be investigated for liabilities according to Article 53 of the Law of the People's Republic of China on Product Quality. Article 19. If any relevant entity violates the provisions of these Measures to conduct quality supervision inspection to the products using exemption marks within the effective period of exemption, a notice of criticism shall be circulated and the entity shall be ordered to correct its acts; those that have already charged inspection fees shall be ordered to return the fees charged. If the circumstances are serious, administrative sanctions may be given to the persons who are held to be directly responsible or the principal of that entity. Article 20. If an enterprise fails to provide certifications faithfully when applying for exemption, the application shall be returned, and the enterprise shall be prohibited from applying for exemption again within 2 years. If the certifications provided by the enterprise are found to be untrue after the inspection-free products are promulgated, the exemption certificate shall be cancelled and the enterprise shall be prohibited from applying for exemption again within 2 years. Article 21. If any state functionary engaged in the administration of exemption abuses his power, neglects his duties or seeks private gains by unlawful means and constitutes a crime, his criminal responsibilities shall be investigated for pursuant to law. If a crime hasn't been constituted, he shall be given administrative sanctions. CHAPTER IV SUPPLEMENTARY PROVISIONS Article 22. Exemption certificates shall be made uniformly by the AQSIQ, and the pattern of exemption mark shall be uniformly provided for by the AQSIQ. Article 23. The power to interpret the present Measures shall remain with the AQSIQ. Article 24. These Measures shall come into force on the day of promulgation. And the Measures for the Administration of Exempting Products from Quality Supervision Inspection promulgated by the former State Administration of Quality and Technical Supervision shall be nullified at the same time. |
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