According to the official website of CNCA, the CNCA today issued the "Interim Regulations on the Management of Untrustworthiness of Certification Bodies and Certified Personnel", which will be implemented from the date of issuance.

Announcement No. 30 (2018) of the CNCA on the issuance of the Interim Provisions on the Management of Untrustworthiness of Certification Bodies and Certified Personnel

In order to strengthen the construction of the certification industry's credit system, advocate honesty and trustworthiness, and punish untrustworthy behaviors, in accordance with the "Regulations on Certification and Accreditation of the People's Republic of China", "Administrative Measures for Certification Bodies" and relevant national credit management requirements, the CNCA has formulated the "Certification Bodies" Interim Regulations on the Management of Untrustworthy and Certified Personnel" are hereby issued.

This regulation shall come into effect on the date of promulgation.

Certification and Supervision Commission

July 6, 2018

(This piece is publicly released)

Interim Provisions on the Management of Untrustworthiness of Certification Bodies and Certification Personnel

Article 1 In order to strengthen the construction of the certification industry's credit system, promote honesty and trustworthiness, and punish untrustworthy behaviors, these regulations are formulated in accordance with the "Regulations on Certification and Accreditation of the People's Republic of China", "Administrative Measures for Certification Institutions" and relevant national credit management requirements.

Article 2 The “distrust of certification bodies and certification personnel” as used in these regulations means that certification bodies and certification personnel violate the principle of good faith and seriously violate laws, administrative regulations, and departmental rules.

Article 3 The management of the untrustworthiness of certification bodies and certified personnel referred to in these regulations means that the National Certification and Accreditation Administration (hereinafter referred to as the Certification and Accreditation Administration Commission) collects, publishes, and updates information on the untrustworthiness of certification bodies and certified personnel, and Untrustworthy certification agencies and certification personnel shall take disciplinary measures.

Article 4 Where relevant parties such as local certification supervision and management departments, accreditation agencies, certification and accreditation industry associations discover that certification agencies and certifiers have untrustworthy behaviors such as false certifications, they shall promptly report relevant evidence clues to the CNCA.

Any unit or individual can provide information on the untrustworthy behavior of certification bodies and certification personnel to CNCA.

Article 5 The CNCA shall investigate and deal with the evidence of untrustworthy behavior of certification bodies and certified personnel provided by relevant parties in accordance with the law.

Article 6 In any of the following circumstances, certification bodies and certification personnel will be included in the list of untrustworthy by the CNCA:

(1) The certification body issued a false or seriously inaccurate certification conclusion, and the approval document was revoked;

(2) The certification body is engaged in certification activities beyond the scope of approval, and the approval document is revoked;

(3) The certification body obtained the certification body qualification by fraud, bribery and other improper means, and the approval document was revoked;

(4) Applicants who conceal relevant information or provide false materials in the process of applying for certification body qualifications will be given administrative penalties;

(5) The certification personnel are directly responsible for issuing false certification conclusions or have other serious violations of laws and regulations, and their practice qualifications have been revoked;

(6) Certification agencies and certification personnel are included in the list of national credit information untrustworthy entities issued by other ministries and commissions.

Article 7 The CNCA publishes the list of untrustworthy certification bodies and certified personnel on its official website.

The list of untrustworthy certification bodies includes: the name of the organization, the unified social credit code, the legal representative, the name of the main person in charge and the type and number of their ID card, and the facts of untrustworthy conduct.

The list of untrustworthy certifiers includes: certifier's name, ID type and number, name of the certification body, and facts about untrustworthy conduct.

Article 8 If the certification body and certification personnel have objections to the published list of untrustworthy, they may submit a written application to the CNCA and submit relevant certification materials. The CNCA shall verify the application within 20 working days after receiving the application and inform the applicant of the verification result.

If the CNCA finds that there is an error in the list of untrustworthy information through verification, it shall correct it within 5 working days from the date of verification.

Article 9 The CNCA shall take the following disciplinary measures against the certification bodies and certification personnel included in the list of untrustworthy:

(1) If applicants for certification body qualifications and their legal representatives, main responsible persons, and certification personnel are included in the list of untrustworthy, their application for certification body qualifications will not be approved;

(2) If the certification body and its legal representative, main person in charge, and certification personnel are included in the list of untrustworthy, the application for the renewal of the certification body’s qualifications and the expansion of the certification field shall not be approved;

(3) If the legal representative, main person in charge, or certification personnel of the certification body is included in the list of untrustworthy, the certification body where the certification body is located shall be included in the key administrative supervision objects.

Article 10 The CNCA participates in the joint punishment of untrustworthy entities by relevant state departments; the untrustworthy information of certification agencies and certified personnel will be shared with relevant national credit information inquiry platforms in accordance with regulations.

The CNCA promotes the implementation of joint sanctions against untrustworthy certification bodies and certified personnel by relevant national departments.

Article 11 If the following conditions are met, the certification agencies and certification personnel listed in the Untrustworthy List may submit a written application for credit restoration to the CNCA:

(1) The untrustworthy information involved in items (1) and (2) of Article 6 of these regulations has been processed for 6 years;

(2) The untrustworthy information involved in Article 6 (3) of these regulations has been processed for 3 years;

(3) The untrustworthy information involved in Article 6 (4) of these regulations has been processed for one year;

(4) The untrustworthy information involved in Article 6 (5) of these regulations has been processed for 5 years;

(5) For the untrustworthy information involved in Article 6 (6) of these regulations, the relevant certification agencies and certification personnel have been removed from the list of the national credit information untrustworthy entities.

Article 12 The CNCA shall publicize the application for credit restoration on its official website. If there is no objection within 5 working days from the date of publication, the relevant certification body and certification personnel shall be removed from the published list of untrustworthy.

If the administrative penalty decision on which the management of untrustworthiness is based is revoked, the CNCA shall remove the involved certification bodies and certification personnel from the published list of untrustworthy within 5 working days from the date of the revocation of the decision.

Article 13 Accreditation agencies and certification and accreditation industry associations shall establish their own management systems for the untrustworthiness of certification agencies and certification personnel.

Article 14 The CNCA is responsible for the interpretation of this regulation.

Article 15 This regulation shall come into effect on the date of promulgation.