Standardization Law of China

• Document Number：Order No. 78 of the President of the People's Republic of China
• Area of Law： Standardization Administration, Certification and Accreditation
• Level of Authority： Laws
• Date issued：11-04-2017
• Effective Date：01-01-2018
• Status： Effective
• Issuing Authority： Standing Committee of the National People's Congress

Order of the President of the People's Republic of China
(No. 78)
The Standardization Law of the People's Republic of China, as revised and adopted at the 30th Session of the Standing Committee of the Twelfth National People's Congress of the People's Republic of China on November 4, 2017, is hereby issued, and shall come into force on January 1, 2018.
President of the People's Republic of China: Xi Jinping
November 4, 2017
Standardization Law of the People's Republic of China
(Adopted at the 5th Session of the Standing Committee of the Seventh National People's Congress on December 29, 1988, and revised at the 30th Session of the Standing Committee of the Twelfth National People's Congress on November 4, 2017)
Contents
Chapter I General Provisions
Chapter II Development of Standards
Chapter III Implementation of Standards
Chapter IV Supervision and Administration
Chapter V Legal Liability
Chapter VI Supplemental Provisions
Chapter I General Provisions
Article 1 This Law is enacted for the purposes of enhancing the standardization work, improving the quality of products and services, promoting the advancement of science and technology, protecting human health and life and property safety, maintaining national security and environmental safety, and raising the level of economic and social development.
Article 2 For the purposes of this Law, “standards” (including reference materials) means the technical requirements that need to be unified in the agricultural, industrial, and service sectors as well as social undertakings and other fields.
Standards include national standards, industry standards, local standards, group standards, and enterprise standards. National standards are classified into compulsory standards and voluntary standards. Industry standards and local standards are voluntary standards.
Compulsory standards must be implemented. The state encourages the adoption of voluntary standards.
Article 3 The tasks of standardization include the development of standards, the organization of implementation of standards, and the oversight of the development and implementation of standards.
The people's governments at and above the county level shall include the standardization work in their respective general plans for national economic and social development, and include the funding for the standardization work in their respective budgets.
Article 4 Standards shall be developed on the basis of results of scientificand technological research and experience learned from social practice by conducting in-depth investigation and discussions and extensively requesting comments, so as to ensure that standards are scientific, rigorous, and developed in a timely manner and improve the quality of standards.
Article 5 The administrative department of standardization of the State Council shall administer the standardization work across the country in a unified manner. The relevant administrative departments of the State Council shall, according to their division of labor, administer the standardization work in their respective departments or industries.
The administrative departments of standardization of the local people's governments at and above the county level shall administer the standardization work within their respective administrative regions in a unified manner. The relevant administrative departments of the people's governments at and above the county level shall, according to their division of labor, administer the standardization work in their respective departments or industries within their respective administrative regions.
Article 6 The State Council shall establish a standardization coordination mechanism for the general promotion of major standardization reforms, research on major standardization policies, and coordination in the development and implementation of inter-departmental or cross-disciplinary standards and standards in significant dispute.
The local people's governments at and above the level of a districted city may, as needed by their work, establish standardization coordination mechanisms for the general coordination in major matters relating to the standardization work within their respective administrative regions.
Article 7 The state encourages enterprises, social groups, and education and scientific research institutions, among others, to conduct or participate in the standardization work.
Article 8 The state actively promotes participation in international standardization activities, international cooperation and exchange on standardization, participation in the development of international standards, and adoption of international standards in view of national conditions, and propels the translation between Chinese standards and foreign standards and their application.
The state encourages enterprises, social groups, and education and scientific research institutions, among others, to participate in international standardization activities.
Article 9 Entities and individuals that have made remarkable achievements in the standardization work shall be commended and rewarded according to the relevant provisions issued by the state.
Chapter II Development of Standards
Article 10 Compulsory national standards shall be developed for technical requirements that protect human health and life and property safety, that maintain national security and environmental safety, and that meet the basic needs of economic and social administration.
The relevant administrative departments of the State Councilshall, according to their respective functions, take charge of the introduction of proposals, drafting organization, request for comments, and technical review of projects of compulsory national standards. The administrative department of standardization of the State Council shall take charge of the project initiation, numbering, and public notification of compulsory national standards. The administrative department of standardization of the State Council shall conduct project initiation examination on whether the compulsory national standards to be developed comply with the preceding paragraph, and initiate projects that comply with the preceding paragraph.
The administrative departments of standardization of provinces,autonomous regions, and municipalities directly under the Central Governments may submit to the administrative department of standardization of the State Council recommendations on initiation of projects of compulsory national standards, and the administrative department of standardization of the State Councilshall make decisions in conjunction with the relevant administrative departments of the State Council. Social groups, enterprises, public institutions, and citizens may submit to the administrative department of standardization of the State Council recommendations on initiation of projects of compulsory national standards, and the administrative department of standardization of the State Council shall, if considering the initiation of any projects necessary, make decisions in conjunction with the relevant administrative departments of the State Council.
Compulsory national standards shall be approved and issued by the State Council or as authorized by the State Council.
Where any laws, administrative regulations, and decisions of the State Council provide otherwise for the development of compulsory standards, such provisions shall prevail.
Article 11 Voluntary national standards may be developed for technical requirements that meet the needs of basic universal application, support of compulsory national standards, and guidance of relevant industries.
Voluntary national standards shall be developed by the administrative department of standardization of the State Council.
Article 12 Industry standards may be developed for technical requirements that lackvoluntary national standards and need to be unified within a certain industry across the country.
Industry standards shallbe developed by the relevant administrative departments of the State Council and filed with the administrative department of standardization of the State Council.
Article 13 Local standards may be developed for special technical requirements that meet local natural conditions and customs, among others.
Local standards shall be developed by the administrative departments of standardization of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government. The administrative department of standardization of the people's government of a districted city may develop local standards within its administrative region according to the special needs of its administrative region with the approval of the administrative department of standardization of the people's government of the province, autonomous region, or municipality directly under the Central Government. Local standards shall be filed by the administrative departments of standardization of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government with the administrative department of standardization of the State Council, and the administrative department of standardization of the State Council shall notify the relevant administrative departments of the State Council.
Article 14 The administrative departments developing standards shall give priority to the initiation of standard projects that protect human health and life and property safety, that maintain national security and environmental safety, and that are in urgent need for economic and social development, and complete them in a timely manner.
Article 15 In the development of compulsory standards and voluntary standards, the actual needs of the relevant administrative departments, enterprises, social groups, consumers, and education and scientific research institutions, among others, shall be investigated at the time of project initiation, and the necessity and feasibility of standard development shall be discussed and assessed. In the process of standard development, comments shall be requested by multiple means under the principle of convenience and efficiency, and investigation, analysis, experiment, and discussion shall be organized in matters relating to standards to ensure the coordination and support between relevant standards.
Article 16 In the development of voluntary standards, standardization technical committees composed of relevant parties shall undertake the drafting and technical review of standards. In the development of compulsory standards, the relevant standardization technical committees may be authorized to undertake the drafting and technical review ofstandards. Where no standardization technical committee is formed, an expert group shall be formed to undertake the drafting and technical review of relevant standards. The composition of a standardization technical committee or an expert group shall be broadly based.
Article 17 The texts of compulsory standards shall be disclosed to the public free of charge. The state promotes the public disclosure of texts of voluntary standards free of charge.
Article 18 The state encourages academic societies, associations, chambers of commerce, federations, industry technology alliances, and other social groups to coordinate relevant market participants in jointly developing group standards meeting the needs of markets and innovation, which are adopted by the members of these groups as agreed or be voluntarily adopted by the members of the public according to the rules of these groups.
Group standards shall be developed under the principles of openness, transparency, and fairness to ensure access of all participants to the relevant information and reflect the common needs of all participants, and investigation, analysis, experiment, and discussion shall be organized in matters relating to standards.
The administrative department of standardization of the State Council shall, in conjunction with the relevant administrative departments of the State Council, regulate, guide, and oversee the development of group standards.
Article 19 Enterprises may, as needed, develop enterprise standards on their own initiative, or develop enterprise standards jointly with other enterprises.
Article 20 The state supports the development of group standards and enterprise standards adopting independent innovative technology in important industries, strategic emerging industries, key common technology, and other fields.
Article 21 The technical requirements of voluntary national standards, industry standards, local standards, group standards, and enterprise standards shall not be lower than the relevant technical requirements of compulsory national standards.
The state encourages social groups and enterprises to develop group standards and enterprise standards with technical requirements higher than those of voluntary standards.
Article 22 The development of standards shall be conducive to the scientific and rational utilization of resources, the wide promotion of scientific and technological achievements, the enhancement of safety, common use, and substitutability of products, and the improvement of economic, social, and ecological benefits, and ensure that the standards are technically advanced and economically rational.
It shall be prohibited to take advantage of standards to preclude or restrict market competition, such as impeding the free circulation of commodities and services.
Article 23 The state promotes the military and civilian fusion and resource sharing of standardization and the rise of the level of universal military and civilian standards, and actively propels the use of advanced applicable civilian standards in national defense and military development and the translation of advanced applicable military standards into civilian standards.
Article 24 Standards shall be numbered according to the numbering rules. The numbering rules for standards shall be developed and issued by the administrative department of standardization of the State Council.
Chapter III Implementation of Standards
Article 25 Products and services not meeting compulsory standards shall not be produced, sold, imported, or provided.
Article 26 The technical requirements for exported products and services shall be implemented as agreed in contracts.
Article 27 The state implements a self-declaration system for the public disclosure and oversight of group standards and enterprise standards. Enterprises shall disclose to the public the numbers and names of compulsory standards, voluntary standards, and group standards or enterprise standards implemented by them; and enterprises implementing enterprise standards developed on their own initiative shall also disclose to the public the functional indicators of products or services and the performance indicators of products. The state encourages the public disclosure of group standards and enterprise standards through the standard information public service platforms.
Enterprises shall organize production and distribution activities according to standards, and the products produced or services provided by them shall meet the technical requirements of the standards publicly disclosed by them.
Article 28 Enterprises shall comply with the standardization requirements of this Law in the development of new products, enhancement of products, and technical improvement.
Article 29 The state shall establish a statistical analysis and reporting system for the implementation of compulsory standards.
The administrative department of standardization of the State Council, the relevant administrative departments of the State Council, and the administrative departments of standardization of the local people's governments at and above the level of a districted city shall establish feedback and assessment mechanisms for implementation of standards, and review the standards developed by them based on the feedback and assessment. The review interval for standards shall be generally not more than five years. Upon review, standards that no longer meet the needs of economic and social development and the technological advancement shall be revised or repealed in a timely manner.
Article 30 The administrative department of standardization of the State Council shall, based on the standard implementation feedback and assessment and the review, dispose of repeat or overlapping in or lack of connectivity or support between the relevant standards in conjunction with the relevant administrative departments of the State Council or through the standardization coordination mechanism of the State Council.
Article 31 The people's governments at and above the county level shall support the launch of pilot programs, model projects, and publicity of standardization, disseminate the concept of standardization, popularize standardization experience, and promote the organization of production, distribution, management, and service in the whole society by standardization, and allow standards to play a supporting role in promoting transformation and upgrading and leading the drive for innovation.
Chapter IV Supervision and Administration
Article 32 The administrative departments of standardization and the relevant administrative departments of the people's governments at and above the county level shall, according to their statutory functions, guide and oversee the development of standards, and conduct supervisory inspections on the implementation of standards.
Article 33 Where any dispute arises between the relevant administrative departments of the State Council during the development or implementation of standards, the administrative department of standardization of the State Council shall organize consultation; and if such consultation fails, the dispute shall be resolved through the standardization coordination mechanism of the State Council.
Article 34 Where a relevant administrative departments of the State Council or the administrative department of standardization of a local people's governments at or above the level of a districted city fails to number, review, or file standards as required by this Law, the administrative department of standardization of the State Council shall require it to provide an explanation and take corrective action during a specified period.
Article 35 Any entity or individual shall have the right to report a violation of this Law to or lodge a complaint about it with the administrative department of standardization and the relevant administrative departments.
The administrative departments of standardization and the relevant administrative departments shall disclose to the public their phone numbers, mail boxes, or email addresses for receiving reports and complaints, and arrange for personnel to receive reports and complaints. For informants or complainants that choose not to withholder their identities, the administrative departments receiving their reports or complaints shall inform them of the disposition results, keep informants confidential, and reward informants according to the relevant provisions issued by the state.
Chapter V Legal Liability
Article 36 Whoever produces, sells, or imports products or provides services that fail to meet the compulsory standards shall be held civilly liable according to the law, and so shall an enterprise producing products or providing services that fail to satisfy the technical requirements of its publicly disclosed standards.
Article 37 Whoever produces, sells, or imports products or provides services that fail to meet the compulsory standards shall be investigated and punished in accordance with the Product Quality Law of the People's Republic of China, the Law of the People's Republic of China on the Inspection of Imported and Exported Commodities, the Law of the People's Republic of China on the Protection of Consumer Rights and Interests, and other laws and administrative regulations, which shall be recorded in the credit record of the violator and be published according to the relevant laws and administrative regulations; and if the violation is criminally punishable, the offender shall be held criminally liable according to the law.
Article 38 Where an enterprise fails to disclose the standards implemented by it to the public as required by this Law, the administrative department of standardization shall order it to take corrective action during a specified period; and if it fails to do so, the violation shall be published on the standard information public service platform.
Article 39 Where any standards developed by a relevant administrative department of the State Council or the administrative department of standardization of a local people's government at or above the level of a districted city fail to comply with paragraph 1 of Article 21 or paragraph 1 of Article 22 of this Law, it shall take corrective action in a timely manner; and if it refuses to do so, the administrative department of standardization of the State Council shall announce the repeal of the relevant standards; and disciplinary action shall be taken against the liable leaders and directly liable persons according to the law.
Where any standards developed by a social group or an enterprise fail to comply with paragraph 1 of Article 21 or paragraph 1 of Article 22 of this Law, the administrative department of standardization shall order it to take corrective action during a specified period; and if it refuses to do so, the administrative department of standardization of the people's government at or above the provincial level shall repeal the relevant standards, and publish it on the standard information public service platform.
Acts of precluding or restricting market competition by taking advantage of standards in violation of paragraph 2 of Article 22 of this Law shall be disposed of in accordance with the Anti-Monopoly Law of the People's Republic of China and other laws and administrative regulations.
Article 40 Where a relevant administrative department of the State Council or the administrative department of standardization of a local people's government at or above the level of a districted city fails to number or file standards as required by this Law and take corrective action in accordance with Article 34 of this Law, the administrative department of standardization of the State Council shall revoke the numbers of the relevant standards or announce the repeal of the standards not filed; and disciplinary action shall be taken against the liable leaders and directly liable persons according to the law.
Where a relevant administrative department of the State Council or the administrative department of standardization of a local people's government at or above the level of a districted city fails to review any standards developed by it as required by this Law and take corrective action in accordance with Article 34 of this Law, disciplinary action shall be taken against the liable leaders and directly liable persons according to the law.
Article 41 Where the administrative department of standardization of the State Council fails to initiate projects of development of compulsory national standards in accordance with paragraph 2 of Article 10 of this Law, any standards developed by it fail to comply with paragraph 1 of Article 21 or paragraph 1 of Article 22 of this Law, or it fails to number, review, or grant the filing of standards as required by this Law, it shall take corrective action in a timely manner; and disciplinary action shall be taken against the liable leaders and directly liable persons according to the law.
Article 42 Where a social group or an enterprise fails to number group standards or enterprise standards as required by this Law, the administrative department of standardization shall order it to take corrective action during a specified period; and if it fails to do so, the administrative department of standardization of the people's government at or above the provincial level shall repeal the numbers of the relevant standards, and publish it on the standard information public service platform.
Article 43 Where any personnel in performing the oversight or administration of the standardization work abuse their powers, neglect their duties, or practice favoritism or make falsification for personal gains, disciplinary action shall be taken against them according to the law; and if they are suspected of any crimes, they shall be held criminally liable according to the law.
Chapter VI Supplemental Provisions
Article 44 The measures for the development, implementation, and oversight of military standards shall be developed additionally by the State Council and the Central Military Commission.
Article 45 This Law shall come into force on January 1, 2018.