Decree of the State Administration for Market Regulation

No. 39

The "Measures for the Supervision and Administration of Inspection and Testing Institutions" have been deliberated and adopted at the 5th meeting of the State Administration for Market Regulation on March 25, 2021, and are hereby promulgated to take effect on June 1, 2021.

Director: Zhang Gong

April 8, 2021

Measures for the Supervision and Administration of Inspection and Testing Institutions

Article 1: These Measures are formulated in accordance with the "Metrology Law of the People's Republic of China" and its implementation rules, the "Regulations of the People's Republic of China on Certification and Accreditation" and other laws and administrative regulations in order to strengthen the supervision and management of inspection and testing institutions, standardize the professional conduct of inspection and testing institutions, and create a fair and orderly inspection and testing market environment.

Article 2: These Measures shall apply to the activities and supervision and management of inspection and testing institutions within the territory of the People's Republic of China engaged in the issuance of inspection and testing data, results, and reports (hereinafter collectively referred to as inspection and testing reports) with a proving effect to the public.

Where laws and administrative regulations have other provisions on the supervision and management of inspection and testing institutions, those provisions shall prevail.

Article 3 The term "inspection and testing institutions" as used in these Measures refers to professional and technical organizations established in accordance with law and using technical conditions and professional skills such as instruments and equipment, environmental facilities, etc., to inspect and test products or other specific objects in accordance with relevant standards and other provisions.

Article 4 The State Administration for Market Regulation is responsible for and comprehensively coordinates the supervision and management of inspection and testing institutions.

The provincial-level market supervision and administration department is responsible for the supervision and management of inspection and testing institutions within its administrative region.

The prefectural (municipal) and county-level market supervision and administration departments are responsible for the supervision and inspection of inspection and testing institutions within their respective administrative regions.

Article 5 Inspection and testing institutions and their personnel shall be responsible for the inspection and testing reports issued by them, and bear civil, administrative and criminal legal liabilities in accordance with law.

Article 6 Inspection and testing institutions and their personnel engaged in inspection and testing activities shall abide by the provisions of laws, administrative regulations and departmental rules, follow the principles of objectivity, independence, fairness and justice, honesty and credibility, abide by professional ethics, and assume social responsibility.

Inspection and testing institutions and their personnel shall be independent of the stakeholders involved in the inspection and testing reports issued by them, and shall not be affected by any factors that may interfere with their technical judgment, so as to ensure that the inspection and testing reports issued by them are true, objective, accurate and complete.

Article 7 Personnel engaged in inspection and testing activities shall not engage in more than two inspection and testing institutions at the same time. The authorized signatory for inspection and testing shall meet the requirements of relevant technical capabilities.

Where laws and administrative regulations have other provisions on the professional qualifications or prohibition of practice of inspection and testing personnel or authorized signatories, follow those provisions.

Article 8 The inspection and testing institution shall conduct inspection and testing in accordance with the requirements of sample management, instrument and equipment management and use, inspection and testing procedures or methods, data transmission and storage, etc., which are mandatory provisions of the state.

The inspection and testing institution and the client may make an agreement on the inspection and testing procedures or methods that do not involve the relevant mandatory provisions of the state.

Article 9 If the inspection and testing institution inspects the samples submitted by the client, the inspection and testing report shall be responsible for the compliance of the items tested by the samples, and the representative and authenticity of the samples submitted for inspection shall be responsible for the client.

Article 10 Where it is necessary to subcontract inspection and testing projects, the inspection and testing institution shall subcontract to an inspection and testing institution with the corresponding conditions and capabilities, and obtain the consent of the client in advance for the subcontracted inspection and testing project and the inspection and testing institution that intends to undertake the subcontracted project.

The inspection and testing institution shall indicate in the inspection and testing report the subcontracted inspection and testing items and the inspection and testing institution that undertakes the subcontracted items.

Article 11 The inspection and testing institution shall affix the official seal of the inspection and testing institution or the special seal for inspection and testing to its inspection and testing report, and the authorized signatory shall issue it within the scope of its technical ability.

The terms of the inspection and testing report shall meet the relevant requirements, and the technical basis such as the standards shall be listed. If there are clerical errors in the inspection and testing report and it is truly necessary to correct them, the inspection and testing institutions shall correct them in accordance with the standards and other provisions, and mark or explain them.

Article 12 The inspection and testing institution shall archive and retain the original records and reports of the inspection and testing. The retention period shall not be less than 6 years.

Article 13 Inspection and testing institutions shall not issue false inspection and testing reports.

If the inspection and testing report issued by the inspection and testing institution has any of the following circumstances, and the data and results are wrong or cannot be reviewed, it is a false inspection and testing report:

(1) The collection, identification, distribution, circulation, preparation, preservation, or disposal of samples do not comply with standards and other such provisions, and there are circumstances such as contamination, confusion, damage, or abnormal changes in the characteristics of the samples;

(2) Using instruments, equipment, or facilities that have not been verified or calibrated;

(3) Violating the inspection and testing procedures or methods of the relevant mandatory provisions of the State;

(4) Failure to transmit or store original data and reports in accordance with standards and other provisions.

Article 14 Inspection and testing institutions shall not issue false inspection and testing reports.

If the inspection and testing report issued by the inspection and testing institution has any of the following circumstances, it is a false inspection and testing report:

(1) It has not been inspected and tested;

(2) Falsifying or altering original data or records, or failing to use original data or records in accordance with standards and other provisions;

(3) Reducing, omitting, or changing the items that shall be inspected and tested as provided for in the standards, or changing the key inspection and testing conditions;

(4) Changing inspection and testing samples or changing their original state for inspection and testing;

(5) Forging the official seal of the inspection and testing institution or the special seal for inspection and testing, or forging the signature of the authorized signatory or the time of issuance.

Article 15 Inspection and testing institutions and their personnel shall keep confidential the state secrets and commercial secrets that they learn of in the course of inspection and testing work.

Article 16 Inspection and testing institutions shall make a self-declaration on their official website or in other public ways on their compliance with statutory requirements, independent and impartial practice, performance of social responsibilities, strict compliance with honesty and credibility, etc., and shall be responsible for the authenticity, comprehensiveness and accuracy of the content of the declaration.

Inspection and testing institutions shall report to the local provincial-level market regulation department information such as continuous compliance with the corresponding conditions and requirements, compliance with practice norms, inspection and testing activities, and statistical data.

If an inspection and testing institution discovers widespread product quality problems in the course of inspection and testing activities, it shall promptly report to the market supervision and administration department.

Article 17: Market regulation departments at the county level or above shall, on the basis of the annual supervision and inspection plans of inspection and testing establishments, randomly select inspection targets and randomly select law enforcement inspectors to carry out supervision and inspection work.

Due to the need to respond to emergencies and other needs, the market regulation departments at the county level or above may carry out relevant supervision and inspection work on an emergency basis.

The State Administration for Market Regulation may, as needed for work, entrust provincial-level departments for market regulation to carry out oversight and inspections.

Article 18: The market regulation departments at or above the provincial level may, as needed for their work, periodically organize proficiency testing work for inspection and testing establishments, and publish the results of proficiency testing.

Inspection and testing institutions shall participate in the proficiency testing work provided for in the preceding paragraph as required.

Article 19: Provincial-level departments for market regulation may conduct categorical supervision and supervision of inspection and testing establishments within their respective administrative regions in consideration of the degree of risk, proficiency testing and supervision and inspection results, complaints and reports, and so forth.

Article 20: The departments for market regulation may exercise the following functions and powers in accordance with law:

(1) Entering an inspection and testing institution for on-site inspection;

(2) Inquire about and investigate relevant circumstances or verify relevant inspection and testing activities from inspection and testing institutions, clients and other relevant units and personnel;

(3) Consult and copy the original records, reports, invoices, account books and other relevant materials related to inspection and testing;

(4) Other functions and powers provided for by laws and administrative regulations.

Inspection and testing institutions shall take measures for self-inspection and self-improvement, engage in inspection and testing activities in accordance with law, and actively cooperate with the supervision and inspection work carried out by the market supervision and management departments.

Article 21: Local market regulation departments at the county level or above shall periodically report information such as the results of annual inspections and inspections of inspection and testing establishments, and notify the market oversight and management departments implementing qualification determinations and relevant industry regulatory departments at the same level of the investigation and handling of illegal acts by inspection and testing establishments.

Article 22: Departments for market regulation at the county level or above shall disclose the results of oversight and inspections in accordance with law, and include information such as on administrative punishments received by inspection and testing establishments in platforms such as the national enterprise credit information publicity system.

Article 23 Any unit or individual has the right to report to the market supervision and administration department at or above the county level the conduct of inspection and testing institutions in violation of the provisions of these Measures.

Article 24: Where the market regulation departments at the county level or above discover that inspection and testing establishments do not comply with the provisions of these Measures, but do not need to pursue administrative and criminal legal responsibility, they may use non-coercive means such as persuasion and education, reminders and corrections to deal with them.

Article 25: In any of the following circumstances, the market regulation department at or above the county level shall order the inspection and testing institution to make corrections within a set period of time; If the correction is not made within the time limit or the requirements are still not met after the correction, a fine of not more than 30,000 yuan shall be imposed:

(A) in violation of the provisions of the first paragraph of Article 8 of these measures, inspection and testing;

(2) Violating the provisions of Article 10 of these Measures to subcontract inspection and testing items, or failing to indicate them when they should be indicated;

(3) Violating the provisions of the first paragraph of Article 11 of these Measures by failing to affix the official seal of the inspection and testing institution or the special seal for inspection and testing on the inspection and testing report, or issuing it by an unauthorized signatory or by authorizing a signatory beyond the scope of its technical ability.

Article 26 In any of the following circumstances, where laws and regulations impose administrative penalties on the revocation, revocation, or cancellation of inspection and testing qualifications or certificates, the provisions of the laws and regulations shall be followed; Where laws and regulations do not provide for it, the market regulation department at or above the county level shall order corrections to be made within a set period of time and impose a fine of 30,000 yuan:

(1) Violating the provisions of Article 13 of these Measures by issuing false inspection and testing reports;

(2) Violating the provisions of Article 14 of these Measures by issuing false inspection and testing reports.

Article 27: Where staff of the departments for market regulation neglect their duties, abuse their authority, or twist the law for personal gain, they are to be dealt with in accordance with law; Where it is suspected of constituting a crime and it is necessary to pursue criminal responsibility in accordance with law, it is to be transferred to the public security organs in accordance with relevant provisions.

Article 28: These Measures take effect on June 1, 2021.

Source: State Administration for Market Regulation