Number 163rd

　　《Measures for the Administration of Qualification Confirmation of Inspection and Inspection Institutions》It has been deliberated and approved by the bureau meeting of the General Administration of Quality Supervision, Inspection and Quarantine on March 23, 2015. It is hereby announced and will come into effect on August 1, 2015.

Director

9 April 2015

　　Measures for the Administration of Qualification Confirmation of Inspection and Inspection Institutions

　　Chapter I General Provisions

　　Article 1 In order to standardize the qualification confirmation of inspection and testing institutions and strengthen the supervision and management of inspection and testing institutions,according to《Law of the People's Republic of China on Metrology》And its implementation rules、《Certification and accreditation Ordinance》These Measures shall be formulated in accordance with the provisions of other laws and administrative regulations.

　　Article 2 Inspection and testing institutions referred to in these Measures refer to professional and technical organizations established according to law to carry out inspection and testing of products or specific objects specified in laws and regulations, using technical conditions and professional skills such as instruments, equipment and environmental facilities, in accordance with relevant standards or technical specifications.

　　The qualification determination referred to in these Measures refers to the permission of the quality and technical supervision departments at or above the provincial level to evaluate whether the basic conditions and technical capabilities of inspection and testing institutions conform to the legal requirements in accordance with the relevant laws, regulations, standards and technical specifications.

　　Qualification confirmation includes metrological certification of inspection and testing institutions.

　　Article 3 Inspection and testing institutions shall obtain qualification for the following activities:

　　(1) Providing evidence-based data and results for judgments made by judicial organs;

　　(2) Providing proof data and results for administrative decisions made by administrative organs;

　　(3) Providing proof data and results for arbitration decisions made by arbitration institutions;

　　(4) Providing demonstrative data and results for social, economic and public welfare activities;

　　(5) Other laws and regulations stipulate that qualifications shall be recognized.

　　The fourth article is to carry out inspection and testing activities in the territory of People's Republic of China, which provide evidence and results to the society, as well as the accreditation and supervision of the inspection and testing institutions.

　　Where there are other provisions in laws and administrative regulations, such provisions shall be followed.

　　Article 5 The General Administration of Quality Supervision, Inspection and Quarantine is in charge of the qualification confirmation of national inspection and inspection institutions.

　　The State Accreditation and Accreditation Regulatory Commission (hereinafter referred to as the State Accreditation and Accreditation Regulatory Commission) is responsible for the unified management, organization, implementation and comprehensive coordination of the qualification determination of inspection and testing institutions.

　　The quality and technical supervision departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government (hereinafter referred to as provincial qualification confirmation departments) are responsible for the qualification confirmation of inspection and testing institutions within their jurisdiction.

　　The quality and Technical Supervision Department of the people's government at or above the county level shall be responsible for the supervision and administration of inspection and inspection institutions in the areas under its jurisdiction.

　　Article 6 The State Accreditation Supervision Commission shall, in accordance with the relevant laws, regulations, standards and technical specifications of the State, formulate and publish the basic specifications, evaluation criteria and the patterns of certificates and marks for accreditation of qualifications of inspection and testing institutions.

　　Article 7 The qualification determination of inspection and testing institutions shall follow the principles of unification, standardization, objectivity, impartiality, scientific accuracy, fairness and openness.

　　Chapter II Conditions and Procedures for Accreditation

　　Article 8 The relevant departments of the State Council and the competent departments of relevant industries shall establish inspection and testing institutions in accordance with the law, and the State Accreditation and Supervision Commission shall be responsible for organizing and implementing the qualification determination of other inspection and testing institutions; and the provincial qualification determination departments of their administrative regions shall be responsible for organizing and implementing the qualification determination of other inspection and testing institutions.

　Article 9 Inspection and testing institutions applying for qualification determination shall meet the following conditions:

　　(1) Legal persons or other organizations established according to law and capable of assuming corresponding legal liabilities;

　　(2) Having inspection and testing technicians and managerial personnel suitable for their inspection and testing activities;

　　(3) Having a fixed workplace and working environment that meets the requirements of inspection and inspection;

　　(4) Having the inspection and testing equipment and facilities necessary for carrying out inspection and testing activities;

　　(5) To have and effectively operate a management system that guarantees the independence, impartiality, science and integrity of its inspection and testing activities;

　　(6) To meet the special requirements stipulated in relevant laws and regulations or standards and technical specifications.

　　Article 10 Procedures for qualification determination of inspection and testing institutions:

　　(1) Inspection and testing institutions applying for accreditation of qualifications (hereinafter referred to as applicants) shall submit written applications and related materials to the State Accreditation Supervision Commission or provincial accreditation departments (hereinafter referred to as accreditation departments) and shall be responsible for their authenticity;

　　(2) The competency determination department shall conduct a preliminary examination of the written application and related materials submitted by the applicant, make a decision on acceptance or rejection within five working days from the date of receipt, and inform the applicant in writing;

　　(3) Within 45 working days from the date of accepting the application, the competency determination department shall complete the technical assessment of the applicant in accordance with the requirements of the basic criteria and evaluation criteria for the qualification determination of inspection and testing institutions. Technical review includes written review and on-site review. The time for technical evaluation is not counted within the qualification confirmation period. The qualification confirmation department shall inform the applicant in writing of the time for technical evaluation. Except in cases where the applicant is unable to complete within the prescribed time due to rectification or other reasons of his own;

　　(4) Within 20 working days from the date of receipt of the technical evaluation conclusion, the qualification confirmation department shall make a written decision on whether to grant the license or not. If permission is granted, a certificate of qualification shall be issued to the applicant within 10 working days from the date of making the decision. If no permission is granted, the applicant shall be notified in writing and the reasons shall be explained.

　Article 11 The certificate of qualification is valid for 6 years.

　　If it is necessary to renew the validity period of the qualification certificate, an application shall be submitted three months before the expiration of the validity period.

　　According to the application items, self-declaration and classified supervision of inspection and testing institutions, the qualification confirmation department shall make a decision on whether to grant continuation by means of written examination or on-site evaluation.

　　Article 12 In any of the following circumstances, the inspection and testing institution shall apply to the competency confirmation department for formalities for change:

　　(1) The name, address and legal person nature of the institution have changed;

　　(2) Where the legal representative, the top management, the technical person in charge and the authorized signatory of the inspection and inspection report have changed;

　　(3) The qualification confirmation, inspection and testing items are cancelled;

　　(4) Where the inspection and testing standards or the inspection and testing methods have changed;

　　(5) Other matters requiring change according to law.

　　Where an inspection and testing institution applies for additional qualification confirmation, inspection and testing items or changes affect its compliance with the qualification confirmation conditions and requirements, the application shall be carried out in accordance with the procedures prescribed in Article 10 of these Measures.

　　Article 13 Qualification certificate includes: the name and address of the issuing authority, the licensed institution, the scope of inspection and testing ability, the validity period, the number of certificate and the identification mark of qualification.

　　The qualification identification mark of inspection and testing institutions consists of the pattern formed by the English abbreviation CMA of China Inspection Body and Laboratory Mandatory Approval and the number of qualification certificate. The pattern is as follows:

　　Article 14 When applying for qualification confirmation, the inspection and testing institutions established by foreign investors in accordance with the law in China shall not only meet the qualification confirmation conditions stipulated in Article 9 of these Measures, but also conform to the relevant provisions of the laws and regulations concerning foreign investment in China.

　　Article 15 Branches established by inspection and testing institutions according to law to engage in inspection and testing activities shall comply with the conditions prescribed in Article 9 of these Measures, and shall not engage in relevant inspection and testing activities until their qualifications have been confirmed.

　　The qualification confirmation department can simplify the procedure of technical evaluation and shorten the time of technical evaluation according to the specific conditions.

　　Chapter III Management of Technical Assessment

　　Article 16 According to the needs and professional requirements of technical evaluation, the qualification confirmation department may organize and implement technical evaluation by itself or by entrusting a professional technical evaluation institution.

　　When organizing on-site technical appraisal, the qualification confirmation department or its authorized professional technical appraisal organization shall appoint more than two appraisers who are suitable for the content of technical appraisal to form an appraisal group and determine the leader of the appraisal group. If necessary, relevant technical experts may be invited to participate in the technical review.

　　Article 17 The appraisal team shall carry out technical appraisal activities in strict accordance with the basic criteria and criteria for qualification determination and issue technical appraisal conclusions within the prescribed time.

　　Professional technical evaluation institutions and evaluation teams shall be responsible for the authenticity and conformity of their technical evaluation activities and conclusions, and shall bear corresponding legal responsibilities.

　　Article 18 If the evaluation team finds that the technical evaluation does not meet the requirements, it shall notify the applicant in writing of the time limit for rectification, which shall not exceed 30 working days. If the rectification has not been completed within the time limit or is still not in conformity with the requirements after the rectification, the corresponding evaluation project shall be judged as unqualified.

　　If the evaluation team finds that the applicant has committed an illegal act in the technical evaluation, it shall report it to the qualification confirmation department in time.

　　Article 19 Qualification confirmation departments should establish and improve the system of professional skills training, assessment, use and supervision of assessors.

　　Article 20 The qualifications confirmation department shall supervise the technical evaluation activities and establish a mechanism of accountability.

　　Where the qualification determination department entrusts a professional technical evaluation institution to organize technical evaluation, it shall supervise the technical evaluation activities of the professional technical evaluation institution and its organization.

　　Article 21 Where a professional technical evaluation institution or assessor has one of the following situations in the evaluation activities, the qualification determination department may, according to the seriousness of the circumstances, give warnings, suspend or cancel the handling of its technical evaluation activities:

　　(1) failing to carry out technical assessment in accordance with the requirements and time stipulated in the basic standards for qualification determination and the evaluation criteria;

　　(2) The same inspection and testing institution is engaged in both consultation and technical evaluation;

　　(3) Those who have an interest in the inspection and testing institution or whose evaluation may have an impact on fairness have not been evaded;

　　(4) Disclosing state secrets, trade secrets or technical secrets known in work;

　　(5) Seeking illegitimate interests from the inspection and testing institutions reviewed;

　　(6) Providing false or false technical evaluation conclusions.

　　Chapter IV Practice Standards for Inspection and Testing Institutions

　　Article 22 Inspection and testing institutions and their personnel engaged in inspection and testing activities shall abide by the relevant laws and regulations of the State, abide by the principles of objective independence, fairness, impartiality, honesty and credit, abide by professional ethics and assume social responsibility.

　　Article 23 Inspection and testing institutions and their personnel shall be independent of the stakeholders involved in the inspection and testing data and results issued by them, and shall not be affected by any factors that may interfere with their technical judgment, so as to ensure the authenticity, objectivity and accuracy of the inspection and testing data and results.

　　Article 24 Inspection and testing institutions shall periodically review and improve the management system to ensure that their basic conditions and technical capabilities can consistently meet the qualifications and requirements, and ensure the effective operation of the management system.

　　Article 25 Inspection and testing institutions shall issue inspection and testing data and results within the scope of inspection and testing capabilities stipulated in the certificate of qualification and in accordance with the procedures and requirements stipulated in relevant standards or technical specifications.

　　When issuing inspection and testing data and results, inspection and testing institutions shall specify the basis for inspection and testing, and use terms that meet the basic criteria for qualification determination and evaluation criteria to express them.

　　Inspection and testing institutions shall be responsible for the inspection and testing data and results issued by them, and shall bear corresponding legal liabilities.

　　Article 26 Personnel engaged in inspection and testing activities shall not work in more than two inspection and testing institutions at the same time.

　　The authorized signatory of the inspection and testing institution shall meet the competency requirements stipulated in the qualification determination and evaluation criteria. No unauthorized signatory may issue an inspection report.

　　Article 27 Inspection and testing institutions shall not transfer, lease or lend certificates and marks for qualification determination; they shall not forge, alter, falsify or lease certificates and marks for qualification determination; they shall not use certificates and marks for qualification determination that have become invalid, revoked or cancelled.

　　Article 28 Where an inspection and testing institution issues to the society the data and results of inspection and testing with the function of proof, it shall affix a special stamp for inspection and testing on its inspection and testing report, and mark the qualification identification mark.

　　Article 29 Inspection and testing institutions shall manage their inspection and testing samples in accordance with the requirements of relevant standards, technical specifications and qualification accreditation and evaluation criteria.

　　If the inspection and testing institution accepts the entrustment for inspection, its inspection and testing data and results only prove the conformity of the items inspected by the sample.

　　Article 30 Inspection and testing institutions shall keep the original records and reports of inspection and testing on file to ensure their traceability.

　　The original records and reports shall be kept for a period of not less than six years.

　　Article 31 When the inspection and testing institution needs to subcontract the inspection and testing items, it shall subcontract to the inspection and testing institution that has obtained the qualification confirmation according to law and has the ability to complete the subcontracted items in accordance with the provisions of the evaluation criteria for qualification confirmation, and mark the subcontracting situation in the inspection and testing report.

　　Specific subcontracted inspection and testing items shall obtain the written consent of the principal in advance.

　　Article 32 Inspection and testing institutions and their personnel shall be obliged to keep state secrets, commercial secrets and technical secrets known to them in their inspection and testing activities confidential, and formulate and implement corresponding confidentiality measures.

　　Chapter V Supervision

　　Article 33 The State Accreditation and Supervision Commission organizes supervision and management of inspection and testing institutions, and supervises and directs the work of provincial accreditation departments in accreditation of qualifications.

　　Provincial certification authorities shall, on their own or by organizing prefectural (city) and county-level quality and technical supervision departments, supervise and inspect inspection and inspection institutions in their respective areas, investigate and punish illegal acts according to law, and regularly submit relevant information such as annual certification of qualifications, results of supervision and inspection, and statistical data to the State Accreditation and Supervision Commission.

　　The quality and technical supervision departments at the prefecture (city) and county levels shall supervise and inspect the inspection and testing institutions in their respective areas, investigate and punish the illegal acts according to law, and report the results of the investigation to the provincial qualification confirmation departments. If it involves the State Accreditation Supervision Commission or other provincial qualification confirmation departments, the provincial qualification confirmation departments shall be responsible for reporting or notification.

　　Article 34 According to the risk level of inspection and testing professional field, self-declaration of inspection and testing institutions, accreditation of accredited institutions, supervision and inspection, reporting of complaints and so on, the qualification confirmation department establishes the integrity files of inspection and testing institutions, and implements classified supervision.

　　Article 35 Inspection and testing institutions shall participate in the competency verification or comparison carried out by their organizations in accordance with the requirements of the qualification confirmation departments, so as to ensure that the qualifications and requirements are consistently met.

　　Inspection and testing institutions are encouraged to participate in the competency verification or comparison of inspection and testing institutions organized by relevant government departments, international organizations and professional technical evaluation organizations.

　　Article 36 The qualification confirmation department shall publish on its official website the information of the inspection and testing institution that has obtained the qualification confirmation, and indicate the status of the qualification confirmation certificate.

　　The State Accreditation and Supervision Commission shall establish an information inquiry platform for qualification identification of national inspection and testing institutions for social inquiry and supervision.

　　Article 37 Inspection and testing institutions shall regularly report to the competency confirmation departments annual reports, including the contents of consistently meeting the qualifications and requirements, abiding by professional norms, conducting inspection and testing activities, and relevant information such as statistical data.

　　Inspection and testing institutions shall publish their self-declarations of compliance with laws and regulations, independent and impartial practice, and fulfillment of social responsibility on their official websites or in other public ways, and shall be responsible for the authenticity of the declarations.

　　Article 38 The competency determination department may, according to the needs of supervision and management, inquire the person-in-charge of the inspection and testing institution and the relevant personnel about the relevant matters and discover problems, and shall give warnings.

　　Article 39 Where an inspection and testing institution has one of the following circumstances, the qualification determination department shall go through the formalities for cancellation according to law:

　　(1) When the validity period of the certificate of qualification confirmation expires, it fails to apply for renewal or refuses to grant renewal approval according to law;

　　(2) If the inspection and testing institution terminates according to law;

　　(3) An inspection and testing institution applies for the cancellation of the certificate of qualification confirmation;

　　(4) Other circumstances that should be cancelled as stipulated by laws and regulations.

　　Article 40 Any unit or individual shall have the right to report the violations of laws and regulations committed by inspection and testing institutions, professional and technical evaluation institutions or qualification determination departments and relevant personnel. Relevant departments shall handle the matter in time according to their respective responsibilities and keep the informer confidential.

　　Chapter VI Legal responsibility

　　Article 41 Where an inspection and testing institution fails to obtain the qualification confirmation according to law and unauthorized issuance of data and results with proving effect to the society, the quality and technical supervision department at or above the county level shall order it to make corrections and impose a fine of not more than 30,000 yuan.

　　Article 42 If an inspection and testing institution has one of the following circumstances, it shall be ordered by the quality and technical supervision department at or above the county level to make corrections within one month; if it fails to make corrections within the time limit or fails to meet the requirements after corrections, it shall be fined not more than 10,000 yuan:

　　(1) To issue inspection data and results in violation of the provisions of Articles 25 and 28 of these Measures;

　　(2) Failure to effectively manage inspection and testing personnel in accordance with the provisions of these Measures affects the independence, impartiality and integrity of inspection and testing;

　　(3) failing to manage and preserve the original records and reports in accordance with the provisions of these Measures;

　　(4) Subcontracting inspection and testing items in violation of the provisions of these Measures and the evaluation criteria;

　　(5) Failing to go through the formalities for change in accordance with the provisions of these Measures;

　　(6) Failing to participate in competency verification or comparison as required by the competency determination department;

　　(7) Failure to report relevant information such as annual reports, statistical data or self-declarations in accordance with the provisions of these Measures;

　　(8) Refusing to accept or cooperate with supervision and inspection without justified reasons.

　　Article 43 If an inspection and testing institution has one of the following circumstances, the quality and technical supervision department at or above the county level shall order rectification and impose a fine of less than 30,000 yuan:

　　(1) The basic conditions and technological capabilities can not meet the requirements of qualification recognition continuously, and unauthorized issuance of data and results with proving function to the society;

　　(2) To issue data and results with proving effect to the society without authorization, beyond the scope of inspection and testing capabilities stipulated in the qualification certificate;

　　(3) The data and results of inspection and testing issued are not true;

　　(4) accepting financial assistance that affects the impartiality of inspection and testing or having acts that affect the impartiality of inspection and testing;

　　(5) The unauthorized signatory issues inspection and inspection reports.

　　The time limit for rectification specified in the preceding paragraph shall not exceed three months. During the period of rectification, the inspection and testing institutions shall not issue to the society the inspection and testing data and results which have the function of proof.

　　Article 44 If an inspection and testing institution violates the provisions of Article 27 of these Measures, the quality and technical supervision department at or above the county level shall order it to make corrections and impose a fine of less than 30,000 yuan.

　　Article 45 Where an inspection and testing institution has one of the following circumstances, the qualification confirmation department shall revoke its qualification certificate:

　　(1) Providing false test data or results without inspection or by tampering with data or results;

　　(2) In violation of the provisions of Article 43 of these Measures, during the period of rectification, unauthorized issuance of inspection and testing data or results, or failing to meet the requirements after overdue rectification or rectification;

　　(3) obtaining qualification confirmation by deception, bribery or other improper means;

　　(4) Other circumstances in which the certificate of qualification shall be revoked according to law.

　　Inspection and testing institutions whose certificates of qualification are revoked may not apply for qualification confirmation again within three years.

　　Article 46 Where an inspection and testing institution provides false materials or conceals relevant information when applying for qualification confirmation, the qualification confirmation department shall not accept or grant permission. Inspection and testing institutions shall not apply for qualification confirmation again within one year.

　　Article 47 Personnel engaged in qualification confirmation and supervision and management who abuse their power, neglect their duties or engage in malpractices for personal gain in their work shall be dealt with according to law; if a crime is constituted, criminal responsibility shall be investigated according to law.

　　Chapter VII Supplementary articles

　　Article 48 Fees for qualification determination shall be charged in accordance with the relevant provisions of the State.

　　Article 49 These Measures shall be interpreted by the General Administration of Quality Supervision, Inspection and Quarantine of the State.

　　Article 50 These Measures shall come into force on August 1, 2015. The Regulations on the Accreditation of Laboratory and Inspection Institutions promulgated by the General Administration of Quality Supervision, Inspection and Quarantine on February 21, 2006 shall be abolished at the same time.

　　General Office of AQSIQ issued on April 10, 2015