Measures for the Administration of Certificates and Authentication Marks

（On June 23, 2004, Decree No. 63 of the General Administration of Quality Supervision, Inspection and Quarantine was promulgated in accordance with Decree No. 162 of the General Administration of Quality Supervision, Inspection and Quarantine on March 31, 2015《Decision of the General Administration of Quality Supervision, Inspection and Quarantine on Abolishing and Amending Some Regulations》revise）

Decree No. 162 of the General Administration of Quality Supervision, Inspection and Quarantine 

《Decision of the General Administration of Quality Supervision, Inspection and Quarantine on Abolishing and Amending Some Regulations》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 promulgated and will come into effect on the date of promulgation. 

                                                                                                           Director 

                                                                                                           31 March 2015 

General Administration of Quality Supervision, Inspection and Quarantine 

Decision on the Abolition and Amendment of Part of the Regulations 

    In order to promote the reform of the administrative examination and approval system and the transformation of government functions according to law, and further stimulate the creativity of the market and society, according to the decision of the State Council to cancel and decentralize the administrative examination and approval items, the General Administration of Quality Inspection and Quarantine (AQSIQ) has cleaned up the rules and regulations of the relevant departments of certification and accreditation. After cleaning up, the General Administration of Quality Supervision and Inspection has decided: 

    1. Two departmental regulations shall be repealed as detailed in Annex 1. 

    2. To amend some clauses of one department regulation, see Annex 2 for details. 

    This decision shall come into force as of the date of promulgation. 

    Annex 2 

    Departmental Regulations Modified by AQSIQ 

    The following amendments have been made to the Measures for the Administration of Certificates and Certification Marks: 

    1. Amend Article 3 to read "These Measures shall apply to the formulation, issuance, use, supervision and inspection of certification certificates and certification marks". 

    2. Amend the first paragraph of Article 15 to read: "It shall not be the same or similar as the compulsory certification mark, the national unified voluntary certification mark or other certification body's certification mark formulated and published by itself"; and delete the contents in parentheses of Article 15, paragraph 3. 

    3. Delete Article 16. 

    4. Paragraph 1 of Article 17 shall be amended to read: "The certification authority shall publish to the public information on the pattern of the certification mark (including the symbols used), the text, the name, the scope of application, the method of identification and the method of use." And delete the second paragraph. 

    5. Delete Article 24. 

    6. Amend Article 32 to read: "If the certification authority violates the provisions of Articles 17 and 25 of these Measures and fails to publish relevant information to the public, it shall be ordered to make corrections within a time limit; if it fails to make corrections within the time limit, it shall be warned." 

　　Measures for the Administration of Certificates and Authentication Marks

　　Chapter I General Provisions

　　Article 1 In order to strengthen the management and supervision of certification certificates and certification marks for product, service and management system certification (hereinafter referred to as certification certificates and certification marks), standardize the use of certification certificates and certification marks, safeguard the legitimate rights and interests of certificated organizations and the public, and promote the healthy and orderly development of certification activities,according to《Regulations of the People's Republic of China on Certification and Accreditation》These Measures are formulated in accordance with the provisions of relevant laws and administrative regulations (hereinafter referred to as the Regulations).

　　Article 2 The certification certificate referred to in these Measures refers to the certification documents obtained through certification of products, services and management systems. Certificate includes product certificate, service certificate and management system certificate.

　　The "certification marks" referred to in these Measures refer to the combination of special symbols, designs or symbols, designs and words that prove that products, services and management systems have passed certification. Certification marks include product certification marks, service certification marks and management system certification marks.

　　Article 3 These Measures are applicable to the formulation, issuance, use, supervision and inspection of certification certificates and certification marks.

　　Article 4 The State Accreditation and Accreditation Regulatory Commission (hereinafter referred to as the State Accreditation and Accreditation Regulatory Commission) is responsible for the management, supervision and comprehensive coordination of certification certificates and certification marks according to law.

　　Local quality and technical supervision departments and entry-exit inspection and quarantine institutions (hereinafter referred to as the local certification and quarantine authorities) shall be responsible for the supervision and inspection of certification certificates and certification marks in their respective areas according to their respective responsibilities.

　　Article 5 It is forbidden to forge, falsify, transfer and illegally trade certificates and certification marks.

　　Chapter II Certificate of Certification

　　Article 6 The certification authority shall conduct certification activities in accordance with the basic standards and rules of certification. If the certification is qualified, it shall issue certification certificates to the certification client within the prescribed time limit.

　　Article 7 The certificate of product certification includes the following basic contents:

　　(1) The name and address of the principal;

　　(2) Name, model and specification of the product, and description of its functions and features when necessary;

　　(3) Product trademark, manufacturer's name and address;

　　(4) Name and address of the manufacturer of the product;

　　(5) Standards and technical requirements for certification basis;

　　(6) Authentication mode;

　　(7) Certificate number;

　　(8) The issuing institution, the issuing date and the validity period;

　　(9) Other contents to be explained.

　　Article 8 The service certificate includes the following basic contents:

　　(1) The name and address of the organization that has been certified;

　　(2) The business scope covered by the certified services;

　　(3) Standards and technical requirements on the basis of certification;

　　(4) Certificate number;

　　(5) The issuing institution, the date of issuance and the period of validity;

　　(6) Other contents to be explained.

　　Article 9 The certificate of management system certification includes the following basic contents:

　　(1) The name and address of the organization that has been certified;

　　(2) The business scope covered by the management system of the accredited organization;

　　(3) Standards and technical requirements on the basis of certification;

　　(4) Certificate number;

　　(5) The issuing institution, the date of issuance and the period of validity;

　　(6) Other contents to be explained.

　　Article 10 The accredited organization shall correctly use the certificate and relevant information in advertising, publicity and other activities. When the products, services and management systems that have been certified undergo major changes, the organizations and individuals that have been certified shall apply to the certification authority for changes. If no changes have been made or the certification authority has found that the certification requirements have not been met, they shall not continue to use the certification.

　　Article 11 The certification authority shall establish a certification certificate management system, carry out effective follow-up investigation on the use of certification certificates by organizations and individuals who have been certified. If they fail to meet the requirements of certification, they shall suspend their use until the certification certificate is revoked and publicized; the revoked or cancelled certificates shall be withdrawn; if they cannot be recovered, they shall be published.

　　Article 12 The certificate of product certification and Related words and symbols shall not be used to mislead the public to believe that their services and management systems have passed the certification; the certificate of service certification and Related words and symbols shall not be used to mislead the public to believe that their products and services have passed the certification; and the certificate of management system certification and Related words and symbols shall not be used to mislead the public to believe that their products and services have passed the certification.

　　Chapter III Certification Mark

　　Article 13 Certification marks can be divided into compulsory and voluntary ones.

　　Voluntary certification marks include national unified voluntary certification marks and certification bodies'own certification marks.

　　The compulsory certification mark and the national unified voluntary certification mark belong to the national exclusive certification mark.

　　The certification mark formulated by the certification authority itself refers to the special certification mark of the certification authority.

　　Article 14 The formulation and use of compulsory certification marks and national unified voluntary certification marks shall be prescribed and published by the State Accreditation and Supervision Commission according to law.

　　Article 15 The style, character and name of the certification marks (including the symbols used), as formulated by the certification authority itself, shall comply with the following provisions:

　　(1) They shall not be identical or similar to mandatory certification marks, national unified voluntary certification marks or certification marks formulated and published by other certification bodies on their own;

　　(2) It shall not interfere with the order of social management;

　　(3) The public-known social public resources or the words, symbols and patterns of certification names with specific meanings shall not be taken as part of the certification marks;

　　(4) Words, symbols and designs that are liable to mislead the public or cause social discrimination, harmful to social morals and customs and other harmful effects shall not be taken as part of the certification marks;

　　(5) Provisions of other laws, administrative regulations or relevant technical norms and standards formulated by the State.

　　Article 16 The certification authority shall publish to the public information on the pattern (including the symbols used), text, name, application scope, identification method and use method of the certification mark.

　　Article 17 The certification authority shall establish a management system for certification marks, clarify the rights and obligations of users of certification marks, carry out effective follow-up investigation on the use of certification marks by organizations that have been certified, and find that the products, services and management systems that have been certified fail to meet the requirements of certification. It shall make timely decisions to suspend or stop the use of certification marks and publish them.

　　Article 18 Organizations that have obtained product certification shall correctly use product certification marks in advertising, product introduction and other promotional materials. They may mark product certification marks on certified products and their packages. However, they shall not use product certification marks to mislead the public into believing that their services and management systems have passed the certification.

　　Article 19 Organizations that have obtained service certification shall correctly use service certification marks in advertisements and other related publicity, and may hang service certification marks in the areas where they have obtained service certification. However, they shall not use service certification marks to mislead the public into believing that their products and management systems have passed the certification.

　　Article 20 Organizations that have obtained management system certification shall correctly use management system certification marks in advertisements and other related publicity, and shall not label management system certification marks on products. Only when the certificated organizations have passed the relevant management system certification, can they label management system certification marks on the packaging of products.

　　Chapter IV Supervision and inspection

　　Article 21 The State Accreditation Supervision Commission organizes local certification supervision and administration departments to supervise and inspect the use of certification certificates and certification marks, and to investigate and punish illegal acts of forgery, fraudulent use, transfer and illegal sale of certification certificates and certification marks according to law.

　　Article 22 The State Accreditation Regulatory Commission shall supervise and inspect the management of certification certificates and certification marks of certification bodies.

　　The certification authority shall provide annual reports to the State Accreditation and Supervision Commission on the management of its certification certificates and certification marks. The annual report shall include its follow-up investigation on the use of certification certificates and certification marks by licensed organizations.

　　Article 23 The certification authority shall publish relevant information on the use of its certificates and certification marks, so as to facilitate public inquiry and social supervision.

　　Article 24 Any unit or individual may report to the State Accreditation Regulatory Commission or the local certification supervision and administration department illegal or irregular acts such as forgery, fraudulent use, transfer and illegal sale of certification certificates and certification marks.

　　Chapter V Penalties

　　Article 25 In violation of the provisions of Article 12 of these Measures, the local certification supervision and administration department shall order those who confuse the use of certification certificates and certification marks to make corrections within a time limit, and those who fail to make corrections within the time limit shall be fined not more than 20,000 yuan.

　　If it fails to pass the certification, but in other propaganda such as product packaging, advertisement and so on, it is indicated that it has passed the certification by using false words, the local certification supervision and administration department shall punish it according to forgery, fraudulent use of certification marks and illegal acts.

　　Article 26 If a person violates the provisions of these Measures and forges or falsely uses certificates, the local certification supervision and administration department shall order him to make corrections and impose a fine of 30,000 yuan.

　　Article 27 Where a certificate is illegally traded or transferred in violation of the provisions of these Measures, the local certification supervision and administration department shall order it to make corrections and impose a fine of 30,000 yuan; if a certification authority sells or transfers certificates to a certification trustee who has not passed the certification, it shall be punished in accordance with Article 62 of the Regulations.

　　Article 28 If the certification mark formulated by the certification authority by itself violates the provisions of Article 15 of these Measures, it shall be punished in accordance with Article 61 of the Regulations; if it violates the provisions of other laws and administrative regulations, it shall be punished in accordance with other laws and administrative regulations.

　　Article 29 If a certification authority finds that its certified products, services and management system cannot meet the requirements of certification continuously, fails to suspend its use of certification certificates and certification marks in time, or fails to revoke certification certificates or stop its use of certification marks in time, it shall be punished in accordance with Article 60 of the Regulations.

　　Article 30 If the certification authority violates the provisions of Articles 16 and 23 of these Measures and fails to publish relevant information to the public, it shall be ordered to make corrections within a time limit; if it fails to make corrections within the time limit, it shall be warned.

　　Article 31 Forging, falsely using or illegally trading certification marks,according to《Law of the People's Republic of China on Product Quality》and《Law of the People's Republic of China on the Inspection of Import and Export Commodities》they shall be punished in accordance with relevant laws and administrative regulations.

　　Chapter VI Supplementary articles

　　Article 32 The fees for certification certificates and certification marks shall be implemented in accordance with the relevant price laws and administrative regulations of the State.

　　Article 33 These Measures shall be interpreted by the General Administration of Quality Supervision, Inspection and Quarantine of the State.

　　Article 34 These Measures shall come into force on August 1, 2004. Issued by the former State Bureau of Technical Supervision on February 10, 1992《Measures for the Management of Product Quality Certificates and Certification Marks》And issued by the former State Administration of Commodity Inspection on September 21, 1995《Measures for the Administration of Import and Export Commodity Marks》Some provisions on certification marks shall be repealed at the same time.