Regulations of the People's Republic of China on Certification and Accreditation (Revised in 2016)

Order of the State Council of the People's Republic of China No.666

February 6, 2016

(Adopted at the 18th executive meeting of the State Council on August 20, 2003; promulgated and implemented by the Order of the State Council of the People's Republic of China No. 390 on September 3, 2003; and revised for the first time in accordance with the Decision of the State Council on Revising Certain Administrative Regulations on February 6, 2016)

Chapter I General Provisions

Article 1 These Regulations are hereby formulated with a view to regulating the certification and accreditation activities, improving the quality of products and services and the level of administration, as well as promoting the economic and social development.

Article 2 The term "certification" as mentioned in these Regulations refers to the assessment activities carried out by the certification bodies to testify whether the products, services, and management systems are in conformity with the relevant technical norms and their compulsive requirements or standards.
The term "accreditation" as mentioned in these Regulations refers to the assessment activities carried out by the accreditation bodies to recognize the capabilities and qualifications of the certification bodies, inspection organizations and laboratories, and practicing personnel engaging in such certification activities as appraisal and examination, etc.

Article 3 Where the certification and accreditation activities are undertaken within the territory of the People's Republic of China, these Regulations shall be observed.

Article 4 The State shall implement a uniform certification and accreditation administration system.
The State shall apply the working mechanism on certification and accreditation which all the relevant departments shall implement together under the uniform administration, supervision and comprehensive coordination of the certification and accreditation administration department of the State Council.

Article 5 The certification and accreditation administration department of the State Council shall strengthen the supervision over and administration of the activities of the certification training institutions and certification consultation institutions in accordance with the law.

Article 6 The principles of objectivity, independence, openness, justice, honesty and good faith shall be observed in carrying out the certification and accreditation activities.

Article 7 The State encourages the international mutual recognition activities of certification and accreditation to be carried out on the basis of equality and mutual benefits. The international mutual recognition activities of certification and accreditation shall not impair the national security and public interests.

Article 8 The organizations and persons undertaking the certification and accreditation activities shall be obliged to keep the state secrets and commercial secrets they know confidential.

Chapter II Certification Bodies

Article 9 Organizations applying for certification agency qualification shall obtain approval of the certification and accreditation administrative department of the State Council, and undertake certification activities within the approved scope.
Any entity or person may not undertake certification activities without approval.

Article 10 Organizations applying for certification agency qualification shall satisfy the following criteria:
1. obtained a legal person status;
2. has fixed premises and the requisite facilities;
3. has management systems which comply with certification and accreditation requirements;
4. has a registered capital of not less than 3 million yuan; and
5. equipped with more than 10 full-time certification personnel for the corresponding sectors.
Certification bodies undertaking product certification activities shall also possess such technical capability as examination and inspection corresponding to the relevant product certification activities.

Article 11 Foreign investment enterprises applying for certification agency qualification shall, in addition to satisfying the criteria stipulated in Article 10, satisfy the following criteria:
1. the foreign investor is certified by a certification agency in its home country or region; and
2. the foreign investor has three or more years of experience in undertaking certification activities.
Application, approval and registration of certification agency qualification of foreign investment enterprises shall also comply with the relevant foreign investment laws and administrative regulations and the relevant provisions of the State.

Article 12 Application and approval procedures for certification agency qualification:
1. Applicants for certification agency qualification shall submit a written application to the certification and accreditation administrative department of the State Council, and submit materials to prove that they satisfy the criteria stipulated in Article 10 of these Regulations;
2. The certification and accreditation administrative department of the State Council shall decide on approval or non-approval within 45 days from acceptance of an application for certification agency qualification. Where an application involves the duties of the relevant State Council department, the opinion of such State Council department shall be obtained. Approval documents shall be issued to successful applicants. Unsuccessful applicants shall be notified in writing and the reason for non-approval shall be stated.
The certification and accreditation administrative department of the State Council shall publish the list of enterprises which have obtained certification agency qualification pursuant to the law.

Article 13 Overseas certification agencies establishing a representative office in the People's Republic of China shall only engage in promotional activities relating to the scope of business of the parent organization upon completion of registration formalities with the administration for industry and commerce pursuant to the law, but shall not undertake certification activities.
"Registration for establishment of representative office in China by overseas certification agencies shall be handled pursuant to the relevant foreign investment laws and administrative regulations and the relevant provisions of the State.

Article 14 The certification bodies may not have any interests relations with the administrative organs.
The certification bodies may not accept any aid or fund that may influence the objectivity and justice of the certification activities, and may not undertake any such activities that may influence the objectivity and justice of the certification activities as the products development and sale, etc.
The certification bodies may not have any interests relations with the certification clients in such aspects as capital and management.

Article 15 The persons undertaking the certification activities shall practice in one certification body, and shall not practice in two or more certification bodies at the same time.

Article 16 The inspection organizations and laboratories that issue to the public the data and results, which have the function of verification, shall possess the basic conditions and capabilities as required by the relevant laws and administrative regulations, and may carry out the corresponding activities after being recognized in accordance with the law. The results of the recognition shall be publicized by the certification and accreditation administration department of the State Council.

Chapter III Certification

Article 17 The State shall promote certification on products, services and management systems conforming to the requirements of the economic and social development.

Article 18 The certification bodies shall carry out the certification activities in light of the basic certification standards and certification rules, which shall be formulated by the certification and accreditation administration department of the State Council; where the standards and rules involve with the functions of the relative departments of the State Council, they shall be formulated by the certification and accreditation administration department of the State Council together with the relative departments of the State Council.
Where the certification belongs to a new field, and no corresponding certification rules have been formulated by the departments as mentioned in the preceding paragraph, the certification bodies may make certification rules by themselves, which shall then be put on records at the certification and accreditation administration department of the State Council.

Article 19 Any legal entity, organization or individual may entrust a certification body legally established of his own accord to carry out the certifications on products, services and management systems.

Article 20 No certification bodies may refuse to provide certification services within their business scope for such reasons as the clients fail to take part in the certification consultation or certification training, etc., nor may they put forward to the clients requirements or restricted conditions irrelevant to the certification activities.

Article 21 The certification bodies shall make public such information as the basic certification standards, certification rules and charging rates, etc.

Article 22 The certification bodies and inspection organizations and laboratories relevant to certification shall, when carrying out the certification activities and inspection and examination activities relevant to certification, complete the procedures as prescribed in the basic certification standards and certification rules, in order to ensure the integrity, objectivity and truthfulness of the certification, inspection and examination, no procedures may be added, reduced, or omitted.
The certification bodies and inspection organizations and laboratories relevant to certification shall keep complete records on the process of certification, inspection and examination for future reference.

Article 23 The certification bodies and their personnel shall draw the certification conclusions in a timely manner, and ensure their objectivity and truthfulness. The certification conclusions shall be signed by the persons in charge of the certification bodies after having been signed by the certification personnel.
The certification bodies and their personnel shall be responsible for the certification conclusions.

Article 24 Where the products, services, and management systems are certified as in conformity with the requirements of certification according to the certification conclusions, the certification bodies shall issue the certification certificates to the clients in a timely manner.

Article 25 Those who have obtained the certification certificates shall use the certificates and certification marks within the certification scope. No entity may, by using the product and service certificates, certification marks or other relevant descriptions and symbols, mislead the public to believe that their management systems have passed certification; or mislead the public to believe that their products and services have passed certification by using the administration system certificates, certification marks or other relevant descriptions and symbols.

Article 26 Certification agencies may formulate their own certification logo. The format, wordings and name of certification logo formulated by a certification agency shall not violate the provisions of laws and administrative regulations, shall not be identical or similar to the certification logo promoted by the State, shall not hinder public administration and shall not undermine social morality.

Article 27 The certification bodies shall carry out effective following-up investigations on the products, services and management systems certified by them. Where any of the products, services and management systems that have been certified fail to meet the requirements of the certification continuously, the certification bodies shall suspend their use or even revoke the certificates, and make the fact public.

Article 28 With a view to safeguarding national security, preventing fraudulent acts, protecting the health or safety of human bodies, life or health of animals and plants, and protecting the environments, no products which must be certified as prescribed by the State may leave the factory, or be sold, imported or used in other business activities until being certified and labeled with certification marks.

Article 29 The State shall, for those products that must be certified, unify the catalogues of products, the compulsive requirements, standards and conformity assessment procedures of the technical norms, the marks, and the charging rates.
The uniform catalogues of products (hereinafter referred to as the Catalogues) shall be formulated and adjusted jointly by the certification and accreditation administration department of the State Council and the relevant departments of the State Council, publicized by the certification and accreditation administration department of the State Council, and implemented jointly by the relevant departments and institutions.

Article 30 The products listed in the Catalogues must be certified by the certification bodies as designated by the certification and accreditation administration department of the State Council.
The certification marks of the products listed in the Catalogues shall be prescribed uniformly by the certification and accreditation administration department of the State Council.

Article 31 Where the products listed in the Catalogues involve the catalogues of import and export commodities inspection, the inspection procedures shall be simplified when the import and export commodities inspections are made on them.

Article 32 The accreditation bodies, inspection organizations and laboratories related to certification, designated by the certification and accreditation administration department of the State Council to undertake the certification of products as listed in the Catalogues (hereinafter referred to as the designated certification bodies, inspection organizations, and laboratories) shall be those which have been undertaking the relevant businesses for a long time, have no bad records, and have obtained the accreditation and the ability to carry out the relevant certification activities according to these Regulations. When the certification and accreditation administration department of the State Council designates the certification bodies that are to engage in the activities of product certification as listed in the Catalogues, it shall ensure that at least two bodies that meet the requirements of these Regulations are designated in each field of products as listed in the Catalogues.
When the certification and accreditation administration department of the State Council designates the certification bodies, inspection organizations, and laboratories as prescribed in the preceding paragraph, it shall publicize, in advance, the relevant information and organize the recognized experts in the relative fields to form an expert evaluation committee to evaluate the certification bodies, inspection organizations and laboratories that meet the requirements of the preceding paragraph; after the evaluation is done and having consulted the opinions of the relative departments of the State Council, it shall make the decisions in light of the principles of making reasonable use of the resources, fair competition, convenience and effectiveness within the time limit of publication.

Article 33 The certification and accreditation administration department of the State Council shall make public the directories of the designated certification bodies, inspection organizations and laboratories, as well as the designated business scopes.
Without being designated, no organizations may undertake the certification on the products as listed in the Catalogues and the examination and inspection activities related to certification.

Article 34 All producers, sellers or importers of products as listed in the Catalogues may entrust designated certification bodies to conduct certification.

Article 35 The designated certification bodies, inspection organizations and laboratories shall, within the designated business scope, provide convenient and timely certification, examination and inspection services. They may not delay, discriminate and create difficulties for the clients, or seek improper interests.
Any confirmed certification bodies may not transfer the designated certification business to other organizations.

Article 36 The designated certification bodies, inspection organizations and laboratories shall carry out the international mutual recognition activities within the framework of international mutual recognition agreements signed between the certification and accreditation administration department of the State Council or the relevant authorized departments of the State Council and foreign countries.

Chapter IV Accreditation

Article 37 The accreditation bodies designated by the certification and accreditation administration department of the State Council (hereinafter referred to as the "accreditation bodies") shall carry out the accreditation activities independently.
Any entity other than the accreditation body may not undertake the accreditation activities directly or in a disguised form, or the accreditation result concerned shall be invalid.

Article 38 The certification bodies, inspection organizations and laboratories may, through the accreditation made by the accreditation bodies, keep their capabilities of certification, examination and inspection conforming to the requirements of accreditation continuously and steadily.

Article 39 The personnel engaging in such certification activities as the appraisal and examination, etc., may carry out the corresponding certification activities after being registered by the accreditation bodies.

Article 40 The accreditation bodies shall have a quality system in conformity with their accreditation scope, and shall establish an internal examination system to ensure the effective implementation of the quality system.

Article 41 The accreditation bodies may, according to the requirements of accreditation, select personnel to engage in the accreditation evaluation activities, who shall be experts in the relative fields, familiar with the relevant laws, administrative regulations and accreditation rules and procedures, and have good moral character, special knowledge and business ability required for conducting the evaluation.

Article 42 Where the accreditation bodies entrust others to complete the specific appraisal business related to accreditation, they shall be responsible for the appraisal conclusion

Article 43 The accreditation bodies shall publicize such information as the conditions and procedures of the accreditation, and the charging rates.
The accreditation bodies may not, when accepting the accreditation applications, propose requirements or restricted conditions irrelevant to the accreditation activities.

Article 44 The accreditation bodies shall complete the evaluation on the certification bodies, inspection organizations and laboratories within the time limit publicized, in light of the State standards and the provisions of the certification and accreditation administration department of the State Council, and decide on whether or not to grant the accreditation, as well as keep complete records on the accreditation process and put them on files. The accreditation bodies shall ensure the objectivity, justice, integrity and effectiveness of the accreditation, and shall be responsible for the accreditation conclusions.
The accreditation bodies shall issue accreditation certificates to the certification bodies, inspection organizations and laboratories having obtained the accreditation, and have the lists of them publicized.

Article 45 The accreditation bodies shall, in light of the State standards and the provisions of the certification and accreditation administration department of the State Council, conduct examinations on the personnel engaging in such certification activities as evaluation and examination, and register those who pass the examination.

Article 46 The accreditation certificates shall specify the scope, standards and fields of accreditation and the period of validity.

Article 47 The organizations which have obtained the accreditation shall use the accreditation certificates and marks within the scope of the accreditation obtained. Where the organizations having obtained the accreditation use the accreditation certificates and marks improperly, the accreditation bodies shall suspend or even revoke their use of the accreditation certificates, and make such fact public.

Article 48 The accreditation bodies shall implement effective following-up supervision over the organizations and personnel that have obtained the accreditation, and conduct re-evaluation routinely on the organizations that have obtained accreditation, in order to validate their continuous conformity with the accreditation requirements. Once an organization or person that has obtained the accreditation no longer meets the accreditation requirements, the accreditation bodies shall revoke its/his accreditation certificate and make such fact public.
Where changes happened to circumstances related to such accreditation requirements as the practicing personnel and the primary responsible person of the organizations that have obtained the accreditation, their facilities, certification rules formulated by themselves, etc., shall be notified to the accreditation bodies in a timely manner.

Article 49 Any accreditation bodies may not accept any fund or aid that may influence the objectivity and justice of the accreditation activities.

Article 50 The certification bodies, inspection organizations and laboratories within China, which have obtained accreditation from foreign accreditation bodies, shall put that on record at the certification and accreditation administration department of the State Council.

Chapter V Supervision and Administration

Article 51 The certification and accreditation administration department of the State Council shall conduct supervisions over the certified enterprises by means of organizing experts in the same industry to appraise through discussion, soliciting opinions from the certified enterprises, performing random inspection on the certification activities and certification results, and requesting the certification bodies, inspection organizations, and laboratories related to certification to report on their business activities. If any act in violation of these Regulations is found, it shall be investigated into and punished in time, where it involves with the function of the relevant departments of the State Council, the relevant departments shall be informed in time.

Article 52 The certification and accreditation administration department of the State Council shall supervise the designated certification bodies, inspection organizations and laboratories, and inspect their certification, examination and inspection activities periodically or randomly. The designated certification bodies, inspection organizations and laboratories shall submit reports periodically to the certification and accreditation administration department of the State Council, and shall be responsible for the authenticity of the report. The report shall explain the conditions of certification, inspection and examination activities on the products listed in the Catalogues.

Article 53 The accreditation bodies shall submit reports periodically to the certification and accreditation administration department of the State Council, and shall be responsible for the authenticity of the report; the report shall explain such conditions as the implementation of accreditation systems by the accreditation bodies, the accreditation activities and the work done by the practicing personnel.
The certification and accreditation administration department of the State Council shall evaluate the report submitted by the accreditation bodies, and supervise over the accreditation bodies by way of referring to the file data of accreditation, and inquiring the relevant personnel.

Article 54 The certification and accreditation administration department of the State Council may, according to the needs of supervision of the certification and accreditation, inquire the primary responsible persons of the accreditation bodies, certification bodies, inspection organizations, and the laboratories for information about the relevant matters, and give them instructions for corrections, the relevant personnel shall cooperate actively.

Article 55 The quality and technology supervision departments of people's governments at the county level and above, and the entry-exit inspection and quarantine institutions established by the departments of the State Council for quality supervision, inspection and quarantine, shall, pursuant to these Regulations, supervise the certification activities within the authorization of the certification and accreditation administration department of the State Council.
The quality and technology supervision departments of people's governments at the county level and above authorized by the certification and accreditation administration departments of the State Council, and the entry-exit inspection and quarantine institutions established by the inspection and quarantine departments of the State Council for quality supervision, inspection and quarantine, shall be called in general as the local certification administration departments.

Article 56 Any entity or individual is entitled to report an offense on the illicit acts of certification or accreditation to the certification and accreditation administration department of the State Council and the local certification administration departments, which shall then conduct investigation and handle them in time, and keep the informer confidential.

Chapter VI Legal Liabilities

Article 57 Any entity or person engaged in the certification activities without approval shall be prohibited and imposed upon a fine of over CNY100,000 but under CNY500,000, and the illegal gains shall be confiscated if any.

Article 58 Representative offices established in China by overseas certification agencies without registration shall be raided and subject to a fine ranging from CNY 50,000 to CNY 200,000.
Representative offices established upon registration in China by overseas certification agencies which undertake certification activities shall be ordered to make correction and be subject to a fine ranging from CNY 100,000 to CNY 500,000, illegal income shall be confiscated; in serious cases, the approval document shall be revoked and an announcement shall be made.

Article 59 Where the certification bodies accept funds or aids that may influence the objectivity and justice of the certification activities, or engage in such activities as the development or sales of the products, etc. that may influence the objectivity and justice of the certification activities, or have interests relations in capitals or management with the certification clients, they shall be ordered to suspend operation for rectification, where the circumstance is serious, the approval documents shall be revoked, and such fact shall be made public; the illegal gains shall be confiscated if any; where it constitutes a crime, criminal liabilities shall be pursued.

Article 60 Where the certification bodies have any of the following circumstances, they shall be ordered to make corrections, and be imposed a fine of over CNY50,000 but under CNY200,000, and the illegal gains shall be confiscated if any; where the circumstances are serious, they shall be ordered to suspend operation for rectification or even be revoked of the approval documents, and such fact shall be made public:
1. The certification activities exceed the scope of approval;
2. Increasing, reducing, or omitting the procedures as prescribed in the basic certification regulations and rules;
3. Failing to conduct following-up investigation effectively on products, services and management systems certified by them, or failing to suspend the use of or revoke the certificates and make such fact public in a timely manner after finding out that the products, services and management systems certified by them are unable to meet the requirements of certification continuously; or
4. Hiring personnel who haven't been registered by the accreditation bodies to undertake the certification activities.
Where the inspection organizations, laboratories related to certification add, decrease or omit procedures of the basic certification regulations or rules, they shall be punished pursuant to the preceding paragraph.

Article 61 Where the certification bodies are under any of the following circumstances, they shall be ordered to make corrections within a time limit; where they fail to make corrections at the expiry of the time limit, they shall be imposed a fine of over CNY20,000 but under CNY100,000:
1. Refuse to provide the certification services that fall within their business scope for the reason that the clients do not take part in the certification consultation or certification training, or bringing forward to the clients the requirements or restricted conditions irrelevant to certification activities;
2. The style, words and names of the self-made certification marks are the same as or similar to the certification marks promoted by the State, or disturb social order or impair social morals or customs;
3. Failing to make public such information as the basic certification standards and regulations, as well as the charging rates;
4. Failing to keep full records on the certification process and put them on files for future reference; or
5. Failing to issue the certificates to their certified clients in time.
Where any inspection organizations or laboratories relevant to certification fail to keep full records on the inspection and examination process relevant to certification and put them on files for future reference, they shall be punished pursuant to the provisions in the preceding paragraph.

Article 62 Where any certification conclusion provided by a certification body is false or seriously inconsistent with the fact, the approval document shall be revoked, and such fact shall be made public; as for the person directly responsible and the certification personnel directly liable, their practicing qualifications shall be revoked; where it constitutes a crime, criminal liabilities shall be pursued; and the certification body shall bear the compensation liabilities for the damage if any.
Where any designated certification body has any illicit acts as prescribed in the preceding paragraph, the designation shall also be revoked.

Article 63 Where any certification personnel who practices business not within a certification body or at over two certification bodies, he shall be ordered to make corrections, and be imposed upon a penalty of suspension of practicing activities for over 6 months and below 2 years, where he fails to make corrections, his practicing qualification shall be revoked.

Article 64 Where the certification bodies, inspection organizations, and laboratories relevant to certification engage in the certification of products listed in the Catalogues, or inspections and examinations related to the certification without designation or approval, they shall be ordered to make corrections and be imposed upon a fine of over CNY100,000 and under CNY500,000, and the illegal gains shall be confiscated if any.
Where any of the certification bodies undertakes the certification of products listed in the Catalogues without designation, its approval document shall be revoked, and such fact shall be publicized.

Article 65 Where any of the designated certification bodies, inspection organizations and laboratories carry out any certification of products listed in the Catalogues or any inspection or examination activities relevant to the certification beyond the designated business scope, it shall be ordered to make corrections, and be imposed upon a fine of over CNY100,000 and below CNY500.000, and the illegal gains shall be confiscated if any; when the circumstance is serious, the designation shall be withdrawn and even the approval document shall be revoked, such fact shall be made public.
Where any of the designated bodies transfer its designated certification business, it shall be punished pursuant to the provisions of the preceding paragraph.

Article 66 Where any of the certification bodies, inspection organizations, and laboratories having obtained accreditation from a foreign accreditation organization fails to put that on record filing at the certification and accreditation administration department of the State Council, a warning shall be given, and such fact shall be made public.

Article 67 Where any of the products listed in the Catalogues haven't been certified are moved out of the factory, sold, imported or used in other business activities without approval and, the certification body concerned shall be ordered to make corrections and be imposed upon a fine of over CNY50,000 and below CNY200,000, and the illegal gains shall be confiscated if any.

Article 68 Where any of the accreditation bodies is under any of the following circumstances, they shall be ordered to make corrections; when the circumstance is serious, the person responsible and personnel liable shall be discharged from their positions or be dismissed:
1. Granting accreditation to organizations or personnel not conforming to the accreditation requirements;
2. Failing to revoke the accreditation certificates in time and have such fact public, after finding out that the organizations or personnel having obtained accreditation don't meet the accreditation requirements; or
3. Accepting funds or aids that may influence the objectivity and justice of the accreditation activities.
The principal responsible persons and the personnel liable of the accreditation bodies, who have been discharged from their positions or dismissed, are prohibited from engaging in the accreditation activities for 5 years as of the date of being discharged from the position or dismissed.

Article 69 Where any of the accreditation bodies is under any of the following circumstances, it shall be ordered to make corrections; and the person responsible and the personnel liable shall be given warnings:
1. Bringing forward to the applicants the requirements or restricted conditions irrelevant to the accreditation activities when accepting the accreditation applications;
2. Failing to complete the accreditation activities within the period of publication, or failing to make public such information as the accreditation requirements and procedures, and the charging rates, etc.;
3. Failing to suspend the use of accreditation certificate or mark, or revoke the accreditation certificate and have such fact public in a timely manner, when finding out that an organization having acquired accreditation improperly uses the accreditation certificate and mark; or
4. Failing to keep full records on the accreditation process and put them on files for future reference.

Article 70 Where the certification and accreditation administration department of the State Council and the local certification administration departments and their staff members abuse their authority, practice favoritism and irregularities, neglect their duties, and have any of the following acts, the person directly responsible and other personnel directly liable shall be imposed such administrative punishments as being degraded or discharged from his office according to law; if a crime is constituted, criminal liabilities shall be pursued:
1. Giving approval and designation not in accordance with the conditions and procedures as prescribed in these Regulations;
2. Failing to withdraw the approval document or designation after finding out that an certification body is no longer conforming to the conditions of approval or confirmation;
3. Failing to withdraw the designation after finding out that a designated inspection organization or laboratory is no longer conforming to the designated conditions as prescribed in these Regulations;
4. Failing to investigate and give punishment to any of the certification bodies, inspection organizations or laboratories related to certification, after finding out that they provide false certification or inspection and examination conclusions relevant to the certification, or the certification and relevant inspection and examination conclusions they made are seriously inconsistent with the facts; or
5. Failing to investigate and deal with the other illicit certification and accreditation acts prescribed in these Regulations after finding them out.

Article 71 The acts of forging, taking as their own or selling the certification marks or certificates, shall be investigated into and dealt with in accordance with the provisions of the Product Quality Law of the People's Republic of China.

Article 72 The administrative punishments prescribed in these Regulations shall be carried out by the certification and accreditation administration department of the State Council or their authorized local certification administration departments. Where there are laws and other administrative regulations prescribed otherwise, they shall prevail.

Article 73 The accreditation bodies shall not accept the registration application of the certification personnel within 5 years as of the day their practicing qualifications are revoked.

Article 74 Where the certification bodies fail to conduct following-up investigations into products certified by them effectively, or fail to suspend or revoke the certificates and demand them to stop using the certification marks when finding out the products certified by them fail to meet the certification requirements continuously, and thus cause damage to the consumers, they shall bear the joint and several liabilities with the producers and the sellers.

Chapter VII Supplementary Provisions

Article 75 These Regulations shall not apply to the certification of quality administration regulations of the drug production and management enterprises, the certification of quality conformity of experimental animals, military products, and the certification of laboratories and their personnel engaging in the calibration and examination of military products.
The certification bodies approved in light of these Regulations, which engage in the certification of management systems of mines, dangerous chemicals, and fireworks and firecrackers production and management entities, shall carry out the certification under the organization of the work safety administration departments of the State Council in combination with the special requirements of work safety; the certification bodies engaging in the comprehensive evaluation on work safety of the production and management entities of mines, dangerous chemicals and fireworks and firecrackers, may, upon the recommendation of the work safety administration departments of the State Council, obtain the accreditation of the accreditation bodies.

Article 76 The charging rates of certification and accreditation shall be in conformity with the relevant provisions of price laws and administrative regulations of the State.

Article 77 The measures for the administration of certification training institutions and certification consultation institutions shall be formulated by the certification and accreditation administration department of the State Council.

Article 78 These Regulations shall come into effect as of November 1, 2003. The Regulations of the People's Republic of China on the Administration of Product Quality Certification promulgated by the State Council on May 7, 1991 shall be repealed simultaneously.