Mandatory product certification bodies, inspection bodies and laboratories management approach
General Administration of Quality Supervision, Inspection and Quarantine Order No. 65
"Mandatory product certification bodies, inspection bodies and laboratories management practices" by April 30, 2004 General Administration of Quality Supervision, Inspection and Quarantine Bureau Service Council, are hereby promulgated, August 1, 2004 shall come into force. Li Changjiang June 23, 2004
Mandatory product certification bodies, inspection bodies and laboratories management approach
Chapter I General Provisions
The first is mandatory product standards certification bodies, inspection bodies and laboratories of the management, rational use of social resources, compulsory product certification system to ensure effective implementation, according to the "Republic of China Certification and Accreditation" (the Ordinance) provides that formulated.
The second term of the compulsory product certification bodies, inspection bodies and laboratories are engaged in the activities of compulsory product certification and the certification body engaged in compulsory product certification-related inspection, testing activities of inspection bodies and testing laboratories.
The third of this approach is applicable to the territory of mandatory product certification bodies, inspection bodies and laboratories of the designation and supervision.
Fourth state compulsory product certification bodies, inspection bodies and laboratories to implement the specified system.
Article Certification and Accreditation Commission (hereinafter referred to as CNCA) is responsible for compulsory product certification bodies, inspection bodies and laboratories designated system is established, implementation and supervision and management.
Article compulsory product certification bodies, inspection bodies and laboratories shall comply with regulations and other laws and administrative regulations of the conditions and capabilities, designated by the state commission, before engaging in activities and engaged in the compulsory product certification and mandatory product certification-related inspection and testing activities.
Article compulsory product certification bodies, inspection bodies and laboratories to follow the designated work and practical needs of the rational use of resources, fair competition, open, fair and convenient, effective principles.
Article certification bodies, inspection bodies and laboratories, or both of them the same legal entity, its in the compulsory product certification and inspection and certification-related, qualification testing activities should be separately specified.
Chapter II specifies the conditions
Article 9 To apply the mandatory product certification activities in the certification body shall meet the following conditions:
(A) in accordance with regulations established in the field of more than 2 years with appropriate experience or certification issued by certification-related products for more than 20;
(B) to obtain the state for the authorized institution;
(C) within six months prior to the application no bad record;
(D) the nature of the body corporate, the composition and structure of property rights and other mandatory certification activities to ensure its objectivity and fairness;
(5) having an impartial, independent and effective activities in the mandatory product certification of technical and management capacity;
(6) having engaged in the compulsory product certification activities required to deploy and can be used independent testing, inspection resources, have the mandatory product certification tasks to adapt to meet the certification requirements of the Ordinance and stable financial resources.
Article X application from the mandatory product certification inspection activities the inspection body shall meet the following conditions:
(A) have legal and administrative regulations of the basic conditions and capabilities, and recognized by the law;
(B) check with the appropriate field experience in the inspection of more than 2 years or inspection report issued by the relevant product for more than 20;
(C) to obtain the state for the authorized institution;
(D) within six months prior to the application no bad record;
(E) the institution of legal nature, composition and organizational structure of property rights to ensure its impartial and independent implementation of inspection activities;
(6) having engaged in the compulsory product certification inspection activities necessary facilities, personnel and other resources;
(G) engage in the activities of compulsory product certification inspection personnel should have the necessary expertise and certified inspection personnel qualifications for registration;
(H) the appointment of full-time professional inspectors the ability to meet specified business requirements should be;
(Ix) the appointment of part-time inspectors shall not exceed two-thirds of the total number of full-time inspectors.
Article XI apply for compulsory product certification testing in the laboratory activities (hereinafter referred to as laboratory) shall meet the following conditions:
(A) have legal and administrative regulations of the basic conditions and capabilities, and recognized by the law;
(B) the relevant field of testing experience in testing more than 2 years of work or related fields of foreign test reports issued by more than 20;
(C) to obtain the state for the authorized institution;
(D) within six months prior to the application no bad record;
(E) the legal nature of this unit, composition and structure of property rights to ensure its impartial and independent implementation of testing activities;
(6) having the corresponding product certification testing activities take all the necessary equipment, facilities, or by the related equipment, facilities, ownership of the units authorized, can be used independently equipment and facilities;
(G) detection and its staff have received appropriate certification testing undertaken the necessary education and training, and acquire the relevant standards, technical specifications and mandatory product certification implementation rule, have the necessary product testing capabilities.
Chapter III of the specified procedure
Article 12 The state commission under the compulsory product certification system and implement the specific requirements needed, specify the proposed plan. Designated institutions to be designated include the number of business areas and product range, the agency designated on the application requirements, procedures and timelines specified provisions, the expert review committee (hereinafter referred to as the Committee of Experts) composition.
Designated business areas related to the State Council departments, the state commission designated to the program on the relevant State Council departments for comments.
Article 13 The state commission, by written notice and specify a schedule released on its website and other related information.
Article 14 When applying the mandatory product certification activities in the certification bodies, inspection bodies and laboratories (hereinafter referred to as applicants) shall be in accordance with specified plans and other relevant information requested, a written application to the state commission and submit relevant documents .
Article 15 The State commission to apply for acceptance of the application date of 10 working days, in accordance with Article 9, 10, 11 of the provisions of the applicants to submit written materials for review and preliminary views and the preliminary feedback to applicants. Meet the preliminary requirements, submitted to the expert committee for review.
Article XVI of the State Council departments, industry organizations, enterprises, accreditation bodies, certification bodies and other technical institutions to the state commission can recommend a candidate member of the Expert Committee. CNCA field according to the assessment and evaluation of different objects, to determine the members of the Committee, were grouped into the appropriate Committee of Experts.
Article XVII The Committee of Experts generally 7 to 13 members, is designed for the temporary organization, responsible for the evaluation of the applicant.
After the assessment, the Committee of Experts that the dissolution of the line.
Article 18 The expert committee members should meet the following conditions:
(A) has a good professional knowledge and professional ethics;
(B) have senior professional titles, or equivalent technical qualifications;
(C) familiar with the industry status quo, the relevant product regulatory system, resource allocation and distribution of technical institutions, etc..
Article 19 The Expert Committee's review of the applicant to discuss the use of the meeting, hearing, file access to other means. Necessary, the Committee may recommend to the applicant organization CNCA-site investigation.
Expert Committee members and interested applicants (including units for the applicant, etc.), the relevant member of the Committee of Experts should be avoided.
Diershitiao Expert Committee on the applicant to review, review should take full account of the relevant characteristics of the field of development of the industry, manufacturers distributed authentication system and other factors such as regulatory convergence and effective way to ensure the effective implementation of the certification system, rational utilization of resources to facilitate client authentication .
Assessment should be combined with the applicant's technical capabilities and relevant reputation, reputation, etc., in the cost-effectiveness analysis made on the basis of scientific, reasonable and accurate assessment conclusions.
The Committee of Experts should be no secret ballot using a two-thirds of the way through for the assessment conclusions.
Expert Committee on the assessment may not exceed 30 working days.
Article 21 The state commission should be based on the assessment made by the Committee of Experts concluded, in accordance with the principles set forth in Article 7 within 10 working days to make the specified decision. Special circumstances warrant the extension may be extended to 15 working days.
Designated business areas related to the State Council departments, the state commission in consultation with relevant views of the State Council, make the specified decision.
Article 22 The state commission from the specified date of the decision within 10 working days, publish on its Web site specified by mandatory product certification bodies, inspection bodies and laboratories and the specific list of designated business.
Article 23 The applicant disagree with the decision of the designated, shall specify the directory published within 15 working days from the date of a complaint or complaints CNCA.
CNCA is responsible for handling appeals and complaints.
Chapter Code of Conduct
Article 24 by the state commission designated mandatory product certification bodies, inspection bodies and laboratories (hereinafter referred to as the designated certification bodies, inspection bodies and laboratories) should be within the range of the basic norms of the certification requirements and certification rules certification to provide services for the client, the transfer can not be transferred or disguised designated certification, inspection and testing business.
Article 25 The designated certification bodies, inspection bodies and laboratories should develop management systems and procedures for compulsory product certification, inspection, testing activities and voluntary product certification, commission checks, testing commissioned by a clear distinction between activities, may not use their designated qualifications, development, or engaging in voluntary product certification and commissioning inspection and testing business.
Article 26 The designated certification bodies in the external publicity should strictly distinguish between mandatory and voluntary product certification business certification business.
Article 27 should be designated certification bodies and inspection bodies designated laboratory to sign a written agreement defining the respective rights and obligations and legal responsibilities, and ensure the use of inspection bodies and laboratories, inspection
Inspection and testing activities in line with the national compulsory product certification standards and certification rules and requirements, to ensure that their use of inspection agencies and laboratories (including within the same legal entity) equal rights and fulfill the same obligations.
Article 28 The designated certification bodies, inspection bodies and laboratories, or both of them for the same legal person, the designated agencies should formulate relevant management systems and ensure its continued effective operation, to ensure certification, inspection and testing activities implemented independently, to ensure certification, inspectors, testing personnel independent activities.
Article 29 The designated certification bodies, inspection bodies and laboratories should be designated within the scope of business activities in the compulsory product certification, the certification provided by the client to ensure timely and effective certification, inspection, testing services, without discrimination, and mistreatment of certification clients may not seek unfair advantage.
Article 30 The designated certification bodies, inspection bodies and laboratories of international mutual recognition activities, according to the national commission should be authorized by the State Council departments or outside the international mutual recognition agreements signed within the framework.
三十一条 designated agency commission shall be in accordance with national regulations and requirements, the timely provision of compulsory product certification, inspection and testing of information, with the national commission and local certification regulatory departments to carry out supervision and inspection of the compulsory product certification work.
Chapter supervision and inspection
Article 32 The State commission of the designated certification bodies, inspection bodies and laboratories once a year regular supervision and inspection.
Article 33 The designated certification bodies, inspection bodies and laboratories should be February 15 of each year to the state commission that reported last year mandatory product certification activities in the work report, annual report, including internal audits and management reviews etc., to accept the national commission of inquiry on the matter.
Article 34 CNCA designated certification bodies, inspection bodies and laboratories of the certification, inspection and testing the quality of work carried out occasional surveys and solicit clients for certification and certificate holders comments and suggestions.
Article 35 The State commission of the designated certification bodies, inspection bodies and laboratories of technical competence, service quality, work efficiency, staff ethics and certification of basic standards and certification rules for the implementation of peer review organizations, etc., and Review published the results.
Article 36 The State commission shall specify the certification bodies, inspection bodies and laboratories of the certification, inspection and testing activities and results of special certificate checks, and checks the results published.
Article 37 Any unit or individual for the designated certification bodies, inspection bodies and laboratories and the designation of the work of the law, violations can CNCA or local certification regulatory agencies.
Chapter VI Penalty
Article 38 The designated certification bodies, inspection bodies and laboratories of the following circumstances shall be ordered to make corrections and impose more than $ 20,000 $ 30,000 fine:
(A) lack the necessary management systems and procedures distinguish between mandatory product certification, factory inspection, testing activities and voluntary product certification, commission checks, testing commissioning activities;
(B) the use of compulsory product certification business promotion, promotion of voluntary product certification services;
(C) not certified clients to provide timely and effective certification, inspection, testing services, deliberately delay or discrimination, making things difficult for the principal certification, and seek improper benefits;
(D) supervision and inspection of law enforcement activities are not cooperating, refusing to provide relevant information;
(5) Failure to submit annual reports as required, or the provision of compulsory product certification, factory inspection, testing information.
Article 39 The designated certification bodies, inspection bodies and laboratories appear to be suspended or revoked and is no longer recognized the situation with the other specified conditions, the state commission revoked their designation.
Article 40 The designated certification bodies, inspection bodies and laboratories and other illegal activities due to false certification is revoked specified, revocation of its self-designated three years from the date specified shall not apply.
Engaged in inspection activities since inspectors were withdrawn from the date of qualification within five years, AI is no longer accepting his application for registration.
四十一条 other violations of regulations for violations, according to the Ordinance shall be punished.
Chapter VII Supplementary Provisions
Article 42 The State Administration of Quality Supervision, Inspection and Quarantine is responsible for interpretation.
Article 43 These Measures shall August 1, 2004 shall come into force.