Implementing Rules of the Metrology Law of the People's Republic of China (Revised in 2017)

Order of the State Council of the People's Republic of China No.676

March 1, 2017

(Adopted by the State Council of the People's Republic of China on January 19, 1987; promulgated by the State Bureau of Metrology of the People's Republic of China on February 1, 1987; revised for the first time in accordance with the Decision of the State Council on Revising Certain Administrative Regulations on February 6, 2016; and revised for the second time in accordance with the Decision of the State Council on Revising and Repealing Certain Administrative Regulations on March 1, 2017)

Chapter I General Provisions

Article 1 These Rules are formulated according to the provisions of the Metrology
Law of the People's Republic of China.

Article 2 The system of legal measures is implemented in the country. The procedures for designating the names and symbols of legal measurement units and for abolishing the non-legal measurement units shall be implemented according to the relevant stipulations of the State Council concerning uniform
application of legal measures in our country.

Article 3 The State develops measurement facilities in a planned way and fits out
measurement agencies at various levels with modern technology and equipment so that they may serve to promote China's socialist modernizations, provide measurement guarantee for our industrial and agricultural production, the building up of our national defence, scientific experiments, domestic and foreign trade and the people's health and safety, and protect the interests of the State and the people.

Chapter II Datum Instruments of Measurement and Standard Instruments of Measurement

Article 4 The following requirements shall be met in using datum instruments of
measurement (hereinafter referred to as datum instruments):
(1) they shall pass the appraisement of the State;
(2) there shall be such environmental conditions as required for their normal operations;
(3) there shall be competent personnel in charge of their safekeeping, maintenance and application;
(4) there shall be a perfect system of administration.
Those units which meet the above-mentioned requirements can use datum instruments only after they pass the examination and approval by the Measurement Administration under the State Council and receive the relevant certificate from it.

Article 5 No unit or individual shall dismantle or refit datum instruments or suspend the work concerning measurement examination and determination without the approval of the Measurement Administration under the State Council.

Article 6 The measurement values of the datum instruments should be the same as international measurement values. The Measurement Administration under the State Council has the right to abolish those datum instruments which are backward in technology or those instruments whose performance cannot meet the present requirements.

Article 7 The following requirements shall be met in using standard instruments of measurement (hereinafter referred to as standard instruments):
(1) they shall pass measurement examination and determination;
(2) there shall be such environmental conditions as required for their normal operations;
(3) there shall be competent personnel in charge of their safekeeping, maintenance and application;
(4) there shall be a perfect system of administration.

Article 8 Public standard instruments function as notaries in exercising measurement
supervision in the society. In designating the public standard instruments of the highest class in the local areas, the administrative departments for measurement in the people's governments above the county level shall apply to the measurement departments immediately above its own level for examination. The examination of public standard instruments of other classes may be conducted under the direction of the administrative departments for measurement of the local people's governments.
Those public standard instruments, which have proved up to the requirements laid down in Article 7 of these Rules and obtained certificates of examination, shall be used only after the relevant certificates are issued after the examination and approval by the administrative departments for measurement of the people's governments above the county level.

Article 9 The standard instruments of the highest class in various fields should be designated by the relevant competent departments under the State Council and by those in the people's governments in the provinces, autonomous regions and the municipalities directly under the Central Government.
These standard instruments shall pass the examination by the administrative department for measurement in the people's governments at the same level and those instruments which meet the requirements provided for in Article 7 of these Rules and obtain certificates of examination may be used only after the approval by the relevant competent departments.

Article 10 In designating various standard instruments of the highest class for their own units, enterprises and institutions shall apply for examination to the
administrative departments for measurement which are at the same levels as
their competent departments in the people's governments. Township enterprises should apply for examination to the administrative departments for measurement in the local people's governments at the county level.
Those instruments which meet the requirements provided for in Article 7 of these Rules and obtain certificates of examination may be used by the relevant enterprises and institutions, which should report to their competent authorities for the record.

Chapter III Measurement Examination and Determination

Article 11 The units and individuals using standard instruments which have gone
through compulsory examination and determination should apply for periodic examination and determination to the relevant administrative department for measurement of the people's government which has been responsible for examining the instruments.
The units and individuals using the working measurement instruments which have gone through compulsory examination and determination should apply for periodic examination and determination to the relevant measurement examination and determination agencies designated by the administrative departments for measurement of the local people's governments at the county (municipality) level. If it cannot be done locally, it is necessary to apply for periodic examination and determination to the measurement examination and determination agencies designated by the next higher administrative departments.

Article 12 Enterprises and institutions should equip themselves with the facilities
for checking and testing measurement instruments commensurate with their needs in production, scientific research and management and business operations, formulate specific procedures and regulations concerning examination and determination, work out detailed catalogues of measurement
instruments of their units and fix the corresponding periods for examination and determination, and ensure that their measurement instruments which are not subject to compulsory examination and determination are regularly checked and tested.

Article 13 The work of measurement examination and determination shall be conducted on the principle of economy, rationality and geographical proximity, and it should not be restricted by administrative divisions and departmental
jurisdiction.

Chapter IV Manufacture and Repair of Measurement Instruments

Article 14 Enterprises and institutions applying for Licences for Manufacturing
Measurement Instruments should pass the examination by the administrative
departments for measurement at the same levels with the competent authorities of the people's governments in their localities. Township enterprises should be examined by the administrative departments for measurement of the local people's governments at the county level. Those enterprises and institutions which have obtained Licences for Manufacturing Measurement Instruments by passing the examination are allowed to use the uniform marks stipulated by the State. Only then may the relevant competent authorities approve of their production.

Article 15 Enterprises and institutions which do business in measurement instruments repairs may apply for examination directly to the administrative
departments for measurement of the local people's governments at the county (municipality) level in order to obtain the Licence for Repairing Measurement Instruments. If it cannot be done locally, applications for examination may be submitted to the administrative departments for measurement of the people's governments at the next higher level. Only those enterprises and institutions which have obtained Licence for Repairing Measurement Instruments by passing the examination may be allowed to use the uniform marks stipulated by the State and start business operations.

Article 16 The individual industrial and commercial businesses which are engaged in manufacturing or repairing measurement instruments shall have regular business premises. Those which want to apply for the Licence for Manufacturing Measurement Instruments or the Licence for Repairing Measurement Instruments may do so according to the procedures provided for in Article 15 of these Rules. If they move to do business in other places, they shall send the original licence to the administrative department for measurement of the local people's government where they have moved, for verification and approval.

Article 17 The examination for enterprises, institutions or individual industrial and commercial businesses which apply for the Licence for Manufacturing Measurement Instruments and the Licence for Repairing Measurement Instruments consists of the following items:
(1) production facilities;
(2) facilities for testing and determining products;
(3) technical levels of the workers and staff members;
(4) relevant technical documents and regulations and rules concerning measurements.

Article 18 The product design of a new measurement instrument, which has never been produced in the country, shall be appraised before it can be manufactured.
When the product design has been finalized, it is necessary to go through formalities of model approval and obtain the relevant certificate. New products whose designs have been finalized in the country but have never been produced by the producer shall be tested and their prototypes be made.
A certificate of quality shall be issued after the test of prototype is passed. Those measurement instruments which have not obtained model approval or certificates of quality of their prototypes shall not be allowed to be produced.

Article 19 The product design appraisement of a new measurement instrument shall be conducted by the technical agency authorized by the measurement administration under the State Council. Prototypes of the instrument shall be tested by the technical agency authorized by the administrative department for measurement of the local people's government at the provincial level. The models of new measurement instruments shall be approved by the administrative departments for measurement of the local people's governments at the provincial level. The models approved by such departments can be used as nationally applicable models after they have been finalized by the measurement administration under the State Council.

Article 20 The Units applying for model design appraisement for a new measurement instrument and prototype testing should provide a prototype of the new product, and the relevant technical documents and data.
The units responsible for the appraisement and testing shall withhold secret of the prototype, the technical documents and data provided by the applicants.

Article 21 The various relevant competent authorities should strengthen control over the quality of the measurement instruments manufactured and repaired by
the enterprises and institutions. The administrative departments for measurement in the people's governments above the county level are empowered to carry out supervision and inspection, including sampling and supervised testing. The measurement instruments without stamps or certificates of quality or those measurement instruments which have failed to pass the examination and determination shall not be allowed to leave the factories.

Chapter V Marketing and Use of Measurement Instruments

Article 22 Foreign businessmen selling measurement instruments in China shall apply for model approval to the measurement administration under the State Council according to the provisions in Article 18 of these Rules.

Article 23 The administrative departments for measurement of the people's governments above the county level exercise supervision and inspection over the measurement instruments sold locally. The instruments without quality stamps or certificates of quality or the marks of the Licence for Manufacturing Measurement Instruments may not be marketed.

Article 24 No units or individuals may deal in rejected or defective spares and
components of measurement instruments or use them in assembling and repairing measurement instruments.

Article 25 No units or individuals may use in their work the measurement instruments without quality stamps or certificates of examination and determination or those instruments which have exceeded the period of examination and determination or those instruments which have been rejected in examination and determination. This provision does not apply to the measurement instruments used in teaching demonstration.

Chapter VI Measurement Supervision

Article 26 The responsibilities of the measurement administration under the State Council and the administrative departments for measurement of the local
people's governments above the county level in the supervision over and implementation of the laws and regulations concerning measurement are as
follows:
(1) carrying out the State policies, measures and regulations concerning measurement and promoting the adoption of the State legal measurement
units;
(2) making and coordinating development plans for measurement undertakings, designating datum instruments and public standard instruments, organizing the transmission of measurement values;
(3) exercising supervision over the manufacturing, repairing, marketing and using of measurement instruments;
(4) conducting measurement attestation, organizing arbitration over examination and determination and mediating disputes over measurement;
(5) supervising and checking the implementation of measurement laws and regulations, and dealing with violations of these laws and regulations in accordance with the relevant provisions of these Rules.

Article 27 The measurement control personnel at the administrative departments for measurement of the people's governments above the county level are responsible for measurement supervision and administration. Measurement inspectors are responsible for circuit checking in the prescribed areas and places and may, within their stipulated authority, deal, on the spot, with violations of measurement laws and regulations and mete out administrative sanctions on the merit of each case.
Measurement inspectors shall pass the examination supervised by the administrative departments for measurement of the people's governments above the county level, which shall appoint the inspectors and issue relevant certificates.

Article 28 The agencies for measurement examination and determination set up
according to law by the administrative departments for measurement of the people's governments above the county level are legal agencies of the State. Their responsibilities are: designating datum instruments and public standard instruments, conducting transmission of measurement values, carrying out compulsory examination and determination as well as other examination and determination and testing prescribed by law, drafting regulations concerning technical specifications to provide technical guarantee for exercising measurement supervision and handling other matters concerning measurement supervision.

Article 29 The personnel in charge of metrological verification in the statutory State agencies for metrological verification must pass the examinations.
The grading of the technical posts of the personnel in charge of measurement examination and determination shall be stipulated by the measurement administration under the State Council in conjunction with the relevant competent authorities.

Article 30 The administrative departments for measurement of the people's governments above the county level may, in the light of actual needs, authorize the agencies of measurement examination and determination and technical agencies in the following ways to conduct compulsory examination and determination and other kinds of examination and determination and testing within the prescribed scope:
(1) authorizing professional or regional agencies for measurement examination and determination to act as legal agencies;
(2) authorizing the designation of public standard instruments;
(3) authorizing the agencies for measurement examination and determination
of certain departments or units to conduct compulsory examination and determination of the relevant measurement instruments used therein;
(4) authorizing relevant technical agencies to undertake the other tasks of examination and determination and testing prescribed by law.

Article 31 Units which have been authorized in accordance with the provisions of
Article 30 of these Rules should abide by the following stipulations:
(1) the personnel in charge of verification and testing in the authorized units must pass the examinations;
(2) the corresponding measurement standards of the authorized units shall be examined and determined according to the datum instruments or the public standard instruments;
(3) the authorized units shall conduct the authorized work of examination and determination and testing under the supervision of the authorizing units;
(4) administrative departments for measurement of the people's governments
above county level shall conduct mediation and arbitration when the authorized units become a party to a measurement dispute, which cannot be settled by the parties themselves through consultation.

Chapter VII Measurement Attestation of Agencies for Examination of Product Quality

Article 32 The agencies for examination of product quality which provide the society with notarization data shall be attested by administrative departments for measurement of the people's governments above provincial level.

Article 33 Measurement attestation of agencies for examination of product quality covers the following aspects:
(1) examining and determining measurements and testing the function of equipment;
(2) examining and determination measurements and testing the environmental
conditions for the functioning of the equipment and the personnel's operational skills;
(3) measures ensuring the uniformity of measurement values and accuracy, and systems ensuring the equity and reliability of the data for examination and determination of measurements.

Article 34 After receiving applications for attestation from agencies for examination of product quality, administrative departments for measurement of the people's governments above provincial level shall instruct the measurement
examination agencies under their jurisdiction or the authorized technical agencies to arrange the examinations for the applicants in accordance with
the provisions of Article 33 of these Rules. The administrative departments for measurement of the people's governments above provincial level shall issue certificates for measurement attestation to those applicants who have passed the examinations. Those who have not obtained the certificates shall not be allowed to conduct examination of product quality.

Article 35 Administrative departments for measurement of the people's governments above provincial level are empowered to conduct supervision and inspection over those agencies which have obtained certificates for measurement
attestation according to the provisions of Article 33 of these Rules.

Article 36 Agencies for examination of product quality which have obtained a certificate for measurement attestation should apply for separate confirmation of measurement attestation for new items, if they deem these additional examinations necessary, according to the relevant provisions of these Rules.

Chapter VIII Measurement Mediation and Arbitrative Examination and Determination

Article 37 Administrative departments for measurement of the people's governments above county level are responsible for mediation and arbitrative examination and determination for measurement disputes and may appoint relevant agencies for measurement examination and determination to conduct arbitrative examination and determination as entrusted by judicial organs, administrative organs for contracts, arbitration agencies dealing with cases involving foreign parties, or other organizations.

Article 38 No litigant shall change the technical status of the measurement instruments involved in the dispute in the course of the mediation, arbitration and hearing of the cases.

Article 39 If a party rejects the arbitrative examination and determination, it may appeal to the administrative departments for measurement of the people's
governments at the next higher level within 15 days of receipt of the notice of the arbitrative examination and determination. The arbitrative examination and determination by the administrative departments for measurement of the next higher people's governments shall be final.

Chapter IX Fees

Article 40 Fees shall be paid for applications for examinations to designate standard measurement instruments, applications for examination and determination of measurement instruments to be used, applications for model approval and prototype instrument testing for manufacturing new measurement products, applications for the licence for manufacturing and repairing measurement instruments and applications for measurement attestation and arbitrative examination and determination. Actual procedures or rates of charges shall be worked out by the measurement administration under the State Council in conjunction with the financial and price control departments of the State.

Article 41 Fees shall not be charged for the examination and determination and
testing conducted by administrative departments for measurement of the people's governments above county level in exercising supervision and inspection. The inspected units have the obligation to provide prototype instruments and facilities for examination and determination and testing.

Article 42 The funds needed by the agencies of measurement examination and
determination under the jurisdiction of administrative departments for measurement of the people's governments above county level for providing technical guarantee for implementing measurement laws and regulations and exercising measurement supervision shall be entered in the budgets of people's governments at the various levels in accordance with the provisions in the State financial administration system.

Chapter X Legal Liability

Article 43 Those who violate Article 2 of these Rules by using non-legal measures
shall be ordered to correct their mistakes. If violations have been contained in publications, orders shall be given to stop their circulations and a fine of 1,000 yuan or less may be imposed simultaneously.

Article 44 Those who violate Article 14 of the Measurement Law of the People's Republic of China by manufacturing, marketing and importing measurement instruments of non-legal measures which have been declared abolished by the State Council and other measurement instruments which have been prohibited for use by the State Council, shall be ordered to cease these operations. Their measurement instruments and total amount of illegal gains shall be confiscated. And a pecuniary penalty ranging from 10% to 50% of their total illegal gains may be imposed simultaneously.

Article 45 If any departments, enterprises and institutions conduct measurement
examination and determination with various standard measurement instruments of the highest class which have not passed the examination of the relevant administrative departments for measurement of the people's governments, they shall be ordered to stop using those instruments and a fine of 1,000 yuan or less may be imposed simultaneously.

Article 46 If any units fail to apply for examination and determination for those
measurement instruments which are subject to compulsory examinations and
determination, or fail to conduct periodic examination and determination for other measurement instruments which are not subject to compulsory examination and determination, or send them to other agencies for periodic examination and determination or continue to use the instruments which have been rejected in examination and determination, they shall be ordered to stop using those instruments and a fine of 1,000 yuan or less may be imposed simultaneously.

Article 47 If any units or individuals are engaged in manufacturing and repairing
measurement instruments without Licence for Manufacturing Measurement Instruments or the Licence for Repairing Measurement Instruments, they shall be ordered to stop their production and operation and to seal up for safekeeping the measurement instruments which have been manufactured and those which have been sent for repairing. The total amount of illegal gains shall be confiscated and a fine ranging from 10% to 50% of the illegal gains may be imposed simultaneously.

Article 48 Those who manufacture and market the new measurement products which have not passed model approval or prototype testing shall be ordered to stop manufacturing and marketing such products and seal them up for safekeeping. Their total amount of illegal gains shall be confiscated and a fine of 3,000 yuan or less may be imposed simultaneously.

Article 49 If the measurement instruments which have not been examined and determined or those instruments which have been rejected in examination and determination are allowed to leave the factory, the units or individuals manufacturing or repairing such instruments shall be ordered to withhold the same. The total amount of their illegal gains shall be confiscated; in more serious cases, a fine of 3,000 yuan or less may be imposed simultaneously.

Article 50 Those who have caused losses to the State or consumers by using substandard measurement instruments or tampering with measurement instruments and falsifying data shall be ordered to pay reparations for the losses. Their measurement instruments and total amount of illegal gains shall be confiscated and a fine of 2,000 yuan or less may be imposed simultaneously.

Article 51 Those who sell damaged and substandard spare parts and components of measurement instruments shall be ordered to stop their business. The instruments and total amount of illegal gains shall be confiscated and a fine of 2,000 yuan or less may be imposed simultaneously; in more serious cases, the business licence shall be revoked by administrative departments for industry and commerce.

Article 52 If any units or individuals manufacture, market or use certain measurement instruments for the purpose of cheating consumers, their instruments and total amount of illegal gains shall be confiscated and a fine of 2,000 yuan or less may be imposed simultaneously. If the deceit constitutes a
crime, the persons directly responsible shall be investigated for their criminal liabilities according to law.

Article 53 If any individual industrial and commercial businesses manufacture and repair measurement instruments other than those prescribed by the State or
are engaged in business at unauthorized places, they shall be ordered to stop manufacturing and repairing. The total amount of their illegal gains shall be confiscated and a fine of 500 yuan or less may be imposed simultaneously.

Article 54 If any agencies for examination of product quality which have not obtained certificates of measurement attestation provide notarization data for the public, they shall be ordered to stop their operations and a fine of 1,000
yuan or less may be imposed simultaneously.

Article 55 If any units or individuals forge, usurp or traffic in seals or certificates for compulsory examination and determination, the seals and certificates and the total amount of the illegal gains shall be confiscated and a fine of 2,000 yuan or less may be imposed simultaneously. If crimes are committed in the course, the persons concerned shall be investigated for criminal liabilities according to law.

Article 56 If the personnel in charge of measurement supervision and administration break the law, neglect their duties or engage in self-seeking misconduct, they shall be given administrative sanctions when the circumstances are not serious. If crimes are committed, the persons concerned shall be investigated for criminal liabilities according to law.

Article 57 If the units responsible for design appraisement and prototype instrument testing for new measurement products violate Paragraph 2, Article 20 of these Rules, they should pay for the losses sustained by the applicants and give administrative sanctions to the persons directly responsible in accordance with the relevant stipulations of the State. If crimes are committed, the persons concerned shall be investigated for criminal liabilities according to law.

Article 58 Any person in charge of measurement examination and determination who commits one of the following acts, shall be given administrative sanctions. If crimes are committed, he shall be investigated for criminal liabilities according to law.
(1) forging examination and determination data;
(2) causing losses to the party sending the instruments for examination as a result of the faulty data provided;
(3) violating the rules concerning measurement examination and determination in conducting the work;
(4) conducting examination and determination by using those standard measurement instruments which have not passed the relevant examinations;
(5) executing the metrological verification without passing the relevant examinations.

Article 59 The administrative penalties stipulated in these Rules shall be meted out by administrative departments for measurement of the people's governments above county level. Penalties involving fines of more than 10,000 yuan should be submitted to the administrative departments for measurement of
the people's governments above provincial level for decision. The confiscated illegal gains and fines shall all be turned over to the state treasury. The administrative penalties provided for in Article 51 of these Rules may also be decided by administrative departments for industry and commerce.

Chapter XI Supplementary Provisions

Article 60 The connotations of the following terms as used in these Rules are:
(1) "Measurement instrument" refers to a device, an instrument, a meter or a measuring tool which can be used to determine the measurement values of the measured objects directly or indirectly, as well as a standard matter used to unify measurement values, which can be a datum measurement instrument, a standard measurement instrument and a working measurement apparatus.
(2) "Measurement examination and determination" refers to the work involved in evaluating the functions of the measurement instruments and determining if they are up to the standard.
(3) "Design appraisement" denotes the overall checking and examination of the functions of the prototype of a new measurement product.
(4) "Measurement attestation" denotes the examination and verification conducted by the government administrative departments for measurement of the capability and reliability of the relevant technical agencies in measurement examination and determination and testing.
(5) "Agency for measurement examination and determination" refers to a relevant technical agency which undertakes measurement examination and determination.
(6) "Arbitrative examination and determination" refers to the measurement examination and determination and testing conducted with datum measurement instruments or public standard measurement instruments for the purpose of adjudication.

Article 61 These Rules shall also apply to the supervision and administration exercised by the People's Liberation Army and national defence departments of science, technology and industry over the measurement work which deal with matters outside the military setup.

Article 62 The procedures and scopes of administration and the symbols of the various seals, certificates provided for in these Rules shall be formulated by the
administrative department for measurement under the State Council.

Article 63 The right to interpret these Rules resides with the administrative department for measurement under the State Council.

Article 64 These Rules shall come into effect as of the date of promulgation.