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《Standardization Law of the People's Republic of China》

 

Order of the President of the People’sRepublic of China

No. 78

 

The Standardization Law of the People’s Republic of China, revised and adopted at the 30th Meeting of the Standing Committee of the Twelfth National People's Congress on November 4, 2017, is hereby promulgated and shall come into force on January 1, 2018.

 

　　Xi Jinping

　　President of the People's Republic of China

　　November 4, 2017

　　

Standardization Law of the People’s Republic of China

 

（Adopted at the 5th Meeting of the Standing Committee of the Seventh National

People's Congress on December 29, 1988 and revised at the 30th Meeting of

the Standing Committee of the Twelfth National People's Congress on November 4, 2017）

 

Contents

Chapter I General Provisions

Chapter II Developing Standards

Chapter III Implementing Standards

Chapter IV Supervision and Administration

Chapter V Legal Liability

Chapter VI Supplementary Provisions

　　

Chapter I

General Provisions

Article 1 

This Law is enacted to strengthen standardization work, enhance the quality of products and services, promote scientific and technological progress, ensure human health and the security of people’s lives and property, safeguard national and eco-environmental security, and raise the level of economic and social development.

 

Article 2

For the purposes of this Law, standards (including reference materials) refer to technical requirements that need to be unified in agriculture, industry, services, social undertakings and other fields.

 

Standards include national standards, sector standards, local standards, association standards and enterprise standards. National standards are divided into mandatory standards and voluntary standards. Both sector standards and local standards are voluntary standards.

 

Mandatory standards must be implemented. The State shall encourage the adoption of voluntary standards.

 

Article 3 

Standardization work includes developing standards, organizing the implementation of standards, and overseeing the development and implementation of standards.

 

People’s governments at or above the county level shall incorporate standardization work in their economic and social development plans, and include relevant expenditure in their budget.

 

Article 4

The development of standards shall be based on scientific and technological research and practical experience, while in-depth investigations and demonstrations shall be carried out and opinions be widely solicited, to ensure that standards are reasonable, normative and updated, and to ensure their quality.

 

Article 5

The administrative department in charge of standardization under the State Council shall uniformly administer national standardization work. Relevant administrative departments under the State Council shall be responsible for the standardization work within their sectors and industries.

　　

Departments in charge of standardization work of local people’s governments at or above the county level shall uniformly administer standardization work within their respective administrative areas. Relevant administrative departments of local people’s governments at or above the county level shall be responsible for the standardization work of the relevant sectors and industries within their administrative areas.

 

Article 6

The State Council shall establish a standardization coordination mechanism to plan major reforms of standardization, research major standardization policies, and coordinate the development and implementation of inter-ministerial and cross-sectoral standards when disagreements arise.

　　

Local people’s governments at or above the level of a city divided into districts may, where necessary, establish standardization coordination mechanisms to coordinate major items concerning standardization work within their administrative areas.

 

Article 7

The State shall encourage enterprises, social organizations, and educational institutions, research institutes, and other organizations to carry out or participate in standardization work.

 

Article 8

The State shall promote participation in international standardization activities, engagement in international cooperation and exchanges on standardization, participation in the development of international standards, adoption of international standards in the Chinese context, and harmonization of Chinese and foreign standards.

 

The State shall encourage enterprises, social organizations, educational institutions, research institutes and other organizations to participate in international standardization activities.

 

Article 9

Organizations and individuals shall be commended and rewarded for their outstanding contributions to standardization work in accordance with relevant State regulations.

 

 

Chapter II

Developing Standards

 

Article 10 

Mandatory national standards shall be developed to address technical requirements for ensuring people’s health and the security of their lives and property, safeguarding national and eco-environmental security, and meeting the basic need of economic and social management.

 

Relevant administrative departments under the State Council shall, according to their duties and responsibilities, propose mandatory national standards and organize drafts, solicit opinions and conduct technical reviews thereof. The administrative department in charge of standardization under the State Council shall be responsible for proposal approval, the numbering and notification of mandatory national standards. The administrative department in charge of standardization under the State Council shall assess whether proposed mandatory national standards conform with the provisions in the preceding paragraph and grant approval for proposals found to conform with the provisions.

 

Departments in charge of standardization under people’s governments of provinces, autonomous regions and municipalities directly under the central government may submit recommendations for proposing mandatory national standards to the administrative department in charge of standardization under the State Council, and the administrative department in charge of standardization under the State Council shall make decisions in conjunction with relevant administrative departments under the State Council. Social organizations, enterprises, public institutions and citizens may submit recommendations for proposing mandatory national standards to the administrative department in charge of standardization under the State Council. Where the department in charge of standardization under the State Council believes a recommendation should be approved, it shall make a decision in conjunction with relevant administrative departments under the State Council.

 

Mandatory national standards shall be approved and published, or authorized for approval and publication, by the State Council.

 

Where laws, administrative regulations and decisions of the State Council otherwise provide concerning developing mandatory national standards, those provisions shall prevail.

 

Article 11

Voluntary national standards may be developed to address technical requirements that are needed to serve basic and generic purposes, support mandatory national standards or play a leading role in relevant industries.

 

Voluntary national standards shall be developed by the administrative department in charge of standardization under the State Council.

 

Article 12

Where, in the absence of voluntary national standards, national unified technical requirements within a sector are needed, sector standards may be developed.

 

Sector standards shall be developed by relevant administrative departments under the State Council and submitted to the administrative department in charge of standardization under the State Council for registration.

 

Article 13

Local standards may be developed to address local special technical requirements, such as natural conditions and customs.

 

Local standards shall be developed by administrative departments in charge of standardization of people’s governments of provinces, autonomous regions and municipalities directly under the central government. Administrative departments in charge of standardization of people’s governments of cities divided into districts may, in accordance with special requirements of their respective administrative areas, develop local standards for their administrative areas with the approval of the local administrative department in charge of standardization of a people’s government of the province, autonomous region or municipality where they are located. Local standards shall be submitted by administrative departments in charge of standardization of people’s governments of provinces, autonomous regions and municipalities directly under the central government to the administrative department in charge of standardization under the State Council for its registration, and the administrative department in charge of standardization under the State Council shall circulate the same to relevant administrative departments under the State Council.

 

Article 14

Administrative departments in charge of developing standards shall prioritize the proposal approval and development of standards that address human health, the security of people’s lives and property, national and eco-environmental security as well as the urgent need of economic and social development.

 

Article 15

When developing mandatory standards and voluntary standards, investigations into the actual needs of relevant administrative departments, enterprises, social organizations, consumers, educational institutions and research institutes shall be carried out during the proposal approval stage to evaluate and demonstrate the necessity and feasibility of developing the standards. In the process of developing standards, various methods shall be used to solicit opinions in accordance with the principles of convenience and efficacy; analysis, experiments and demonstrations of relevant items of standards shall be carried out; and efforts shall be made to coordinate relevant standards.

 

Article 16

For developing voluntary standards, a standardization technical committee composed of stakeholders shall be established for the drafting and technical review of such standards. For developing mandatory standards, a relevant standardization technical committee may be entrusted with the drafting and technical review. In the absence of a standardization technical committee, an expert panel shall be set up for the aforementioned work. Such standardization technical committees and expert panels shall be broadly representative.

 

Article 17

The texts of mandatory standards shall be made available to the public for free. The State encourages free availability of the texts of voluntary standards to the public.

 

Article 18

The State encourages societies, associations, chambers of commerce, federations, industrial technology alliances and other social organizations to coordinate with relevant market stakeholders in jointly developing association standards that meet market and innovation requirements. These standards shall be adopted by their members upon agreement or, as stipulated by such organizations, may be made publicly available for voluntary adoption by others.

 

The development of association standards shall adhere to the principles of openness, transparency and fairness to ensure that all participating stakeholders can obtain relevant information and reflect their common requirements, and analysis, experiments and demonstrations shall be conducted of relevant items of standards.

 

The administrative department in charge of standardization under the State Council shall in conjunction with relevant administrative departments under the State Council regulate, guide and supervise the development of association standards.

 

Article 19

Enterprises may, where necessary, develop their own enterprise standards or work with other enterprises to develop enterprise standards.

 

Article 20

The State supports the use of independent innovative technologies to develop association standards and enterprise standards for important industries, strategic emerging industries, key generic technologies and other areas.

 

Article 21

Technical requirements of voluntary national standards, sector standards, local standards, association standards and enterprise standards must not be less strict than relevant technical requirements of mandatory national standards.

　　

The State encourages social organizations and enterprises to develop association standards and enterprise standards that are stricter than relevant technical requirements of voluntary standards.

 

Article 22

Standards shall be conducive to the effective and rational use of resources, promote applications of scientific and technological achievements, enhance the security, compatibility and interoperability of products, improve economic, social and ecological benefits, and be technologically advanced and economically viable.

 

Standards shall not be used to obstruct the free flow of goods and services or to promote other behavior that prevents or restrains market competition.

 

Article 23

The State shall promote standards that encourage civil-military integration and resource sharing, increase the harmonization of civil and military standards, and promote the use of advanced and appropriate civilian standards in the development of national defense and the military, and it shall convert advanced and appropriate military standards into civilian standards.

 

Article 24

Standards shall be numbered in accordance with numbering rules. Numbering rules for standards shall be developed and promulgated by the administrative department in charge of standardization under the State Council.

 

 

Chapter III

Implementing Standards

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