Heavy! Newly revised standardization law passed (full text released)

Source: Date: 2021-8-20

 On November 4, the 30th meeting of the Standing Committee of the Twelfth National People’s Congress held a closing meeting. 149 members of the Standing Committee attended the meeting. The meeting passed the new amendment with 148 votes in favor and 1 vote against. The standardization method. President Xi Jinping signed Presidential Order No. 78 and announced it. The revised Standardization Law will come into effect on January 1, 2018.


The following is the full text of the newly revised Standardization Law:


"The Standardization Law of the People's Republic of China"

(Adopted at the Fifth Meeting of the Standing Committee of the Seventh National People’s Congress on December 29, 1988 and amended at the 30th Meeting of the Standing Committee of the Twelfth National People’s Congress on November 4, 2017)


Chapter 1 General Rules

Article 1 In order to strengthen standardization, improve the quality of products and services, promote scientific and technological progress, protect personal health and safety of life and property, maintain national security and ecological environment safety, and improve the level of economic and social development, this law is formulated.

Article 2 The standards (including standard samples) mentioned in this law refer to the technical requirements that need to be unified in the fields of agriculture, industry, service industries, and social undertakings.

Standards include national standards, industry standards, local standards, group standards, and corporate standards. National standards are divided into mandatory standards and recommended standards, while industry standards and local standards are recommended standards.

Mandatory standards must be implemented. The state encourages the use of recommended standards.

Article 3 The task of standardization work is to formulate standards, organize the implementation of standards, and supervise the formulation and implementation of standards.

People's governments at or above the county level shall include standardization work in the national economic and social development plan at the same level, and include standardization work funds into the budget at the same level.

Article 4 Standards should be formulated on the basis of scientific and technological research results and social practical experience, in-depth investigations and demonstrations, extensive solicitation of opinions, to ensure that the standards are scientific, standardized, and time-sensitive, and to improve the quality of the standards.

Article 5 The standardization administrative department of the State Council shall uniformly manage the national standardization work. Relevant administrative departments under the State Council shall manage the standardization work of their own departments and industries in the division of labor.

The standardization administrative department of the local people's government at or above the county level uniformly manages the standardization work within its administrative area. Relevant administrative departments of local people's governments at or above the county level divide the work to manage the standardization work of their own departments and industries within their own administrative regions.

Article 6 The State Council shall establish a standardization coordination mechanism to coordinate the promotion of major standardization reforms, study major standardization policies, and coordinate the formulation and implementation of cross-departmental, cross-sectoral, and majorly controversial standards.

Local people's governments at or above the city level divided into districts may establish a standardization coordination mechanism according to work needs to coordinate major issues of standardization work within their administrative regions.

Article 7 The state encourages enterprises, social organizations and educational and scientific research institutions to develop or participate in standardization work.

Article 8 The state actively promotes participation in international standardization activities, conducts standardization foreign cooperation and exchanges, participates in the formulation of international standards, adopts international standards in light of national conditions, and promotes the conversion and application of Chinese standards and foreign standards.

The state encourages enterprises, social organizations and educational and scientific research institutions to participate in international standardization activities.

Article 9 Units and individuals that have made outstanding achievements in standardization work shall be commended and rewarded in accordance with relevant national regulations.

Chapter Two Standard Formulation

Article 10 Mandatory national standards shall be formulated for the technical requirements for ensuring personal health and safety of life and property, national security, ecological environment security, and meeting the basic needs of economic and social management.

Relevant administrative departments of the State Council are responsible for project proposal, organization drafting, solicitation of opinions and technical review of mandatory national standards based on their responsibilities. The administrative department of standardization under the State Council is responsible for the establishment, numbering and external notification of mandatory national standards. The standardization administrative department of the State Council shall conduct a project review on whether the compulsory national standard to be formulated meets the provisions of the preceding paragraph, and approve projects that comply with the provisions of the preceding paragraph.

The standardization administrative department of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may submit proposals to the standardization administrative department of the State Council for the establishment of mandatory national standards, which shall be decided by the standardization administrative department of the State Council in conjunction with the relevant administrative departments of the State Council. Social organizations, enterprises and institutions, and citizens may submit proposals for the establishment of mandatory national standards to the administrative department of standardization under the State Council. If the administrative department of standardization under the State Council deems it necessary to establish a project, it shall make a decision in conjunction with the relevant administrative department of the State Council.

Compulsory national standards are approved or issued by the State Council.

If laws, administrative regulations and decisions of the State Council provide otherwise for the formulation of mandatory standards, those provisions shall prevail.

Article 11 Recommended national standards can be formulated for technical requirements that meet basic general requirements, support compulsory national standards, and play a leading role in related industries.

Recommended national standards are formulated by the administrative department of standardization under the State Council.

Article 12 For technical requirements that do not have recommended national standards and need to be unified within a certain industry across the country, industry standards may be formulated.

Industry standards are formulated by the relevant administrative department of the State Council and reported to the administrative department of standardization under the State Council for the record.

Article 13 In order to meet special technical requirements such as local natural conditions and customs, local standards may be formulated.

Local standards are formulated by the standardization administrative departments of the people’s governments of provinces, autonomous regions, and municipalities directly under the Central Government; the standardization administrative departments of the people’s governments at the districted city level shall, in accordance with the special needs of their respective administrative regions, be approved by the standardization administrative directors of the people’s governments of the provinces, autonomous regions, and municipalities where they are located Approved by the department, local standards for the administrative region can be formulated. Local standards shall be reported to the standardization administrative department of the State Council by the standardization administrative department of the people's government of the province, autonomous region, and municipality directly under the Central Government for the record, and the standardization administrative department of the State Council shall notify the relevant administrative department of the State Council.

Article 14 For standard projects that are urgently needed to protect personal health and safety of life and property, national security, ecological environment safety, and economic and social development, the administrative department that sets standards shall give priority to the establishment of projects and complete them in a timely manner.

Article 15 When formulating compulsory standards and recommended standards, the actual needs of relevant administrative departments, enterprises, social organizations, consumers, education, and scientific research institutions shall be investigated when the project is established. Necessity and feasibility for demonstration and evaluation; in the formulation process, various methods should be adopted to solicit opinions in accordance with the principle of convenience and effectiveness, and the organization of investigation and analysis, experiments, and demonstrations on standard-related matters, and coordination and support between relevant standards .

Article 16 To formulate recommended standards, a standardization technical committee composed of related parties shall be organized to undertake the drafting and technical review of standards. To formulate mandatory standards, relevant standardization technical committees may be entrusted to undertake the drafting and technical review of standards. If a standardization technical committee is not formed, an expert group shall be established to undertake the drafting and technical review of relevant standards. The composition of standardization technical committees and expert groups should be broadly representative.

Article 17 Mandatory standard texts shall be freely disclosed to the public. The state promotes the free publication of the recommended standard text to the public.

Article 18 The state encourages societies, associations, chambers of commerce, federations, industrial technology alliances and other social groups to coordinate relevant market entities to jointly formulate group standards that meet the needs of the market and innovation, and the members of the group agree to adopt or follow the rules of the group For voluntary adoption by society.

The formulation of group standards should follow the principles of openness, transparency and fairness, ensure that all participating entities obtain relevant information, reflect the common needs of all participating entities, and organize investigation, analysis, experimentation, and demonstration of standards-related matters.

The standardization administrative department of the State Council, in conjunction with the relevant administrative departments of the State Council, regulates, guides and supervises the formulation of group standards.

Article 19 Enterprises may formulate enterprise standards by themselves or jointly with other enterprises to formulate enterprise standards according to their needs.

Article 20 The state supports the use of independent innovative technologies to formulate corporate standards and corporate standards in important industries, strategic emerging industries, and key common technologies.

Article 21 The technical requirements of recommended national standards, industry standards, local standards, group standards, and corporate standards shall not be lower than the relevant technical requirements of mandatory national standards.

The state encourages social organizations and enterprises to formulate group standards and enterprise standards that are higher than the relevant technical requirements of the recommended standards.

Article 22. The formulation of standards shall be conducive to the scientific and rational use of resources, promote scientific and technological achievements, enhance product safety, versatility, and replaceability, improve economic, social, and ecological benefits, and achieve technical benefits Advanced and economically reasonable.

It is forbidden to use standards to implement behaviors that hinder the free circulation of goods and services, such as eliminating or restricting market competition.

Article 23 The state promotes standardization of military-civilian integration and resource sharing, improves the level of generalization of military-civilian standards, actively promotes the adoption of advanced and applicable civil standards in national defense and military construction, and transforms advanced and applicable military standards into civilian standards .

Article 24 Standards shall be numbered in accordance with the numbering rules. The numbering rules for standards shall be formulated and promulgated by the administrative department of standardization under the State Council.

Chapter III Implementation of Standards

Article 25 Products and services that do not meet mandatory standards shall not be produced, sold, imported or provided.

Article 26 The technical requirements for export products and services shall be implemented in accordance with the contract.

Article 27 The state implements a self-declaration and supervision system for group standards and enterprise standards. Enterprises should disclose the numbers and names of mandatory standards, recommended standards, group standards or corporate standards that they implement; if they implement corporate standards formulated by themselves, they should also disclose the functional indicators of products and services and the performance indicators of products. The state encourages group standards and enterprise standards to be disclosed to the public through the standard information public service platform.

Enterprises should organize production and business activities in accordance with the standards, and the products and services they produce should meet the technical requirements of the enterprise's open standards.

Article 28 The development of new products, product improvements, and technological transformation of enterprises shall comply with the standardization requirements stipulated in this law.

Article 29 The state establishes a statistical analysis and reporting system for the implementation of mandatory standards.

The standardization administrative department of the State Council, the relevant administrative departments of the State Council, and the standardization administrative department of the local people's governments at or above the districted city level shall establish a standard implementation information feedback and evaluation mechanism, and review the standards set by it based on the feedback and evaluation. . The standard review period generally does not exceed five years. After review, those that do not meet the needs of economic and social development and technological progress shall be revised or abolished in a timely manner.

Article 30 The standardization administrative department of the State Council shall, in accordance with the information feedback, evaluation, and review of the implementation of the standards, if the relevant standards are overlapped or not connected, it shall deal with it in conjunction with the relevant administrative department of the State Council or pass the standardization coordination of the State Council. Mechanism processing.

Article 31 People’s governments at or above the county level shall support the development of standardization pilot demonstrations and publicity work, disseminate standardization concepts, promote standardization experience, and promote the use of standardization methods in the entire society to organize production, operation, management and services, and give full play to standards to promote Transformation and upgrading, leading the supporting role of innovation-driven.

Chapter IV Supervision and Management

Article 32 The standardization administrative departments and relevant administrative departments of the people's governments at or above the county level shall, in accordance with statutory duties, guide and supervise the formulation of standards, and supervise and inspect the implementation of standards.

Article 33 In the event that the relevant administrative department of the State Council has disputes in the process of standard formulation and implementation, the standardization administrative department of the State Council shall organize consultations; if the negotiation fails, the standardization coordination mechanism of the State Council shall resolve the disputes.

Article 34 If the relevant administrative department of the State Council or the standardization administrative department of the local people’s government at or above the districted city level fails to number, review or file standards in accordance with the provisions of this Law, the standardization administrative department of the State Council shall require it Explain the situation and make corrections within a time limit.

Article 35 Any unit or individual has the right to report or complain to the administrative department for standardization and relevant administrative departments for violations of the provisions of this law.

The standardization administrative department and relevant administrative departments shall make public the telephone number, mailbox or e-mail address for accepting reports and complaints to the public, and arrange personnel to accept the reports and complaints. For real-name informants or complainants, the competent administrative department that accepts the report or complaint shall inform the handling result, keep the informant confidential, and reward the informant in accordance with relevant state regulations.

Chapter 5 Legal Responsibility

Article 36 If the production, sale, or import of products or services does not meet mandatory standards, or the products or services produced by an enterprise do not meet the technical requirements of its public standards, civil liability shall be borne in accordance with the law.

Article 37. If the production, sale, or import of products or services does not meet the mandatory standards, the product quality law of the People’s Republic of China, the Import and Export Commodity Inspection Law of the People’s Republic of China, and the Consumer The Law on the Protection of Rights and Interests and other laws and administrative regulations shall be investigated and handled, recorded in credit records, and publicized in accordance with relevant laws and administrative regulations; if a crime is constituted, criminal responsibility shall be investigated in accordance with the law.

Article 38 If an enterprise fails to disclose its implementation standards in accordance with the provisions of this law, the standardization administrative department shall order it to make corrections within a time limit; if it fails to make corrections within the time limit, it shall be publicized on the standard information public service platform.

Article 39 The standards set by the relevant administrative departments of the State Council and the standardization administrative departments of the local people’s governments at or above the districted city level do not comply with the first paragraph of Article 21 and Article 22 of this Law. The relevant standards shall be revoked by the State Council’s administrative department for standardization if they refuse to make corrections, and the responsible leaders and directly responsible personnel shall be punished in accordance with the law.

The standards set by social organizations and enterprises do not conform to the first paragraph of Article 21 and 20 of this law.