Measures for the Administration of Certificates and Certification Marks
Chapter I General Provisions
Article 1 To strengthen the administration on and supervision of the certificates and certification marks in the certification of products, services and management systems (hereinafter referred to as “certificates and certification marks”), oversee and regulate the use of certificates and certification marks, protect the lawful rights and interests of certified organizations and the general public, and promote the healthy and orderly development of certification activities, these Measures are formulated in accordance with the Regulations of the People’s Republic of China on Certification and Accreditation (hereinafter referred to as the “Regulation”) and other relevant laws and administrative regulations.
Article 2 For the purpose of these Measures, the term “certificates” means the certification documents obtained through certification of products, services and management systems. The certificates shall include product certificates, service certificates, and management system certificates.
For the purpose of these Measures, the term “certification marks” means special symbols, designs or the combination of symbols, designs and characters to prove that a product, service or management system has been certified. certification marks include product certification marks, service certification marks and management system certification marks.
Article 3 These Measures shall apply to the making, issuance, use, supervision and inspection of the certificates and certification marks.
Article 4 The Certification and Accreditation Administration of the P.R.C of the People’s Republic of China (“CNCA”) shall be responsible for the administration, supervision and comprehensive coordination of certificates and certification marks according to the law.
The local quality and technical supervision departments and the entry-exit inspection and quarantine organs of all regions (hereinafter collectively referred to as “local certification administrative departments”) shall, according to their respective duties, be responsible for the supervision and inspection of certificates and certification marks within their respective jurisdictions according to the law.
Article 5 It is prohibited to forge, fraudulently use, transfer and illegally trade certificates and certification marks.
Chapter II Certificates
Article 6 An certification agency shall engage in certification activities according to the basic certification norms and rules and shall issue a certificate to a client within prescribed time limit for those having passed the certification.
Article 7 The certificate of a product shall include the following basic contents:
(1) The name and address of the client;
(2) The name, model and specification of the product, and a description on the functions and characteristics of the products, if necessary;
(3) The trademark of the product and the name and address of the manufacturer;
(4) The name and address of the manufacturing plant of the product;
(5) The standards and technical requirements on which certification is based;
(6) The certification mode;
(7) The serial number of the certificate;
(8) The issuing organ, date of issuance, and period of validity; and
(9) Other contents that need to be specified.
Article 8 The certificate of a service shall include the following basic contents:
(1) The name and address of the organization being granted certification;
(2) The scope of business covered by the certified service;
(3) The standards and technical requirements on which certification is based;
(4) The serial number of the certificate;
(5) The issuing organ, date of issuance, and period of validity; and
(6) Other contents that need to be specified.
Article 9 The certificate of a management system shall include the following basic contents:
(1) The name and address of the organization being granted certification;
(2) The scope of business covered by the certified management system;
(3) The standards and technical requirements on which certification is based;
(4) The serial number of the certificate;
(5) The issuing organ, date of issuance, and period of validity; and
(6) Other contents that need to be specified.
Article 10 An organization that has been granted certification shall correctly use the certificate and the relevant information in advertising, publicity, and other activities. In case there is any material change in the certified product, service or management system, the organization or individual having been granted certification shall apply to the certification agency for alteration. The organization or individual may not continue to use the certificate without alteration or if it is found out by the certification agency upon investigation that the certification requirements are not satisfied.
Article 11 An certification agency shall establish certificate management rules, conduct effective follow-up investigation into the use of certificates by certified organizations and individuals, and, for those failing to meet the certification requirements, suspend their use or even revoke their certificates and issue an announcement thereon. It shall take back the certificates revoked or cancelled and, when it is unable to take them back, issue an announcement thereon.
Article 12 It is prohibited to use the certificate of a product and the relevant characters and symbols to mislead the general public into believing that its service or management system has passed certification; or use the certificate of a service and the relevant characters and symbols to mislead the general public into believing that its product or management system has passed certification; or use the certificate of a management system and the relevant characters and symbols to mislead the general public into believing that its product or service has passed certification.
Chapter III certification Marks
Article 13 certification marks include compulsory certification marks and voluntary certification marks.
Voluntary certification marks include national unified voluntary certification marks and the certification marks made by certification agencies themselves.
Compulsory certification marks and national unified voluntary certification marks shall be certification marks exclusively owned by the state.
The certification marks made by certification agencies themselves are certification marks exclusively owned by the certification agencies.
Article 14 The CNCA shall provide for the making and use of compulsory certification marks and national unified voluntary certification marks according to the law and publish such marks accordingly.
Article 15 The following provisions shall be observed in the design (including the symbol used), characters, and name of an certification mark made by an certification agency:
(1) Not being identical or similar to any compulsory certification mark, national unified voluntary certification mark, or certification mark made by any other certification agency, which has been published;
(2) Not obstructing the order of social administration;
(3) Not taking any well-known public resources or characters, symbols and patterns that have particular meanings in a certified name as a component part of the certification mark;
(4) Not taking characters, symbols and patterns which may easily mislead the general public, result in social discrimination, or cause other adverse impact as a component part of the certification mark; and
(5) Other laws, administrative regulations or relevant technical specifications or standards formulated by the state.
Article 16 certification agencies shall publish the design (including the symbol used), characters, name, scope of application, identification method, use method, and other information of their certification marks to the public.
Article 17 An certification agency shall establish management rules for certification marks, specify the rights and obligations of the users of certification marks, and make effective follow-up investigation into the use of certification marks by organizations being granted certification. When finding out any product, service, or management system certified by it failing to meet the certification requirements, an certification agency shall timely make a decision to suspend or stop the use of the certification mark by the organization being granted certification and issue an announcement accordingly.
Article 18 An organization that has passed a product certification shall correctly use the product certification mark in advertisements, product introductions, and other promotional materials, and may label the product certification mark on the product that has passed certification and its packages, but shall not use the product certification mark to mislead the general public into believing that its service or management system has passed certification.
Article 19 An organization that has passed a service certification shall correctly use the service certification mark in advertisements and other promotional materials and may hang the service certification mark within the area of the certified service, but shall not use the service certification mark to mislead the general public into believing that its product or management system has passed certification.
Article 20 An organization that has passed a management system certification shall correctly use the management system certification mark in advertisements and other promotional materials and may not label the management system certification mark on its product. It may label the management system certification market on the packages of a product only after indicating that the organization being granted certification has passed a management system certification.
Chapter IV Supervision and Inspection
Article 21 The CNCA shall organize the local certification administrative departments to oversee and inspect the use of certificates and certification marks and investigate and punish the illegal acts of forging, fraudulently using, transferring, and illegally trading certificates and certification marks.
Article 22 The CNCA shall oversee and inspect the certification agencies’ management of certificates and certification marks.
certification agencies shall submit annual reports on their management of certificates and certification marks to the CNCA. Such an annual report shall cover the results of follow-up investigations into the use of certificates and certification marks by organizations being granted certification.
Article 23 certification agencies shall disclose information about the use of their certificates and certification marks for public inquiry and social supervision.
Article 24 All entities and individuals may report such violations of law and regulations as forging, fraudulently using, transferring, and illegally trading certificates and certification marks to the CNCA or the local certification administrative departments.
Chapter V Punishment Provisions
Article 25 Where any entity confuses the use of certificates and certification marks in violation of the provision of Article 12 of these Measures, the local certification administrative department shall order it to make correction within a certain time limit and, if the violator refuses to make correction within the time limit, impose a fine of not more than RMB 20,000.
Where an entity falsely indicates on a product that fails to pass certification or its packages, advertisements and other promotional materials that it has passed certification, the local certification administrative department shall impose punishment as if it were such an illegal act as forgery or fraudulent use of an certification mark.
Article 26 Where any entity forges or fraudulently uses a certificate in violation of these Measures, the local certification administrative department shall order it to make correction and impose a fine of not more than RMB 30,000.
Article 27 Where any entity illegally trades or transfers a certificate in violation of these Measures, the local certification administrative department shall order it to make correction and impose a fine of not more than RMB 30,000. Where an certification agency sells or transfers a certificate to a client failing to pass certification, punishment shall be imposed under Article 62 of the Regulation.
Article 28 Where an certification mark made by an certification agency itself violates Article 15 of these Measures, punishment shall be imposed under Article 61 of the Regulation; if it violates any other law or administrative regulation, punishment shall be imposed in accordance with the said law or administrative regulation.
Article 29 Where an certification agency, after finding out that a product, service or management system certified by it cannot meet the certification requirements on a continuous basis, fails to suspend the use of the relevant certificate and certification mark or fails to revoke the certificate or stop the use of the certification mark in a timely manner, punishment shall be imposed in accordance with the provisions of Article 60 of the Regulation.
Article 30 Where an certification agency fails to disclose relevant information to the public in violation of the provision of Article 16 or 23 of these Measures, it shall be ordered to make correction within a certain time limit; if it fails to make correction within the prescribed time, it shall be warned.
Article 31 For any forgery, fraudulent use, or illegal trading of an certification mark, punishment shall be imposed in accordance with 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 other relevant laws and administrative regulations.
Chapter VI Supplementary Provisions
Article 32 The charging rates for certificates and certification marks shall be governed by the relevant price laws and administrative regulations of the state.
Article 33 These Measures are subject to interpretation by the General Administration of Quality Supervision, Inspection and Quarantine.
Article 34 These Measures come into force on August 1, 2004. The Measures for the Administration of Product Quality Certificates and certification Marks issued by the former State Bureau of Technical Supervision on February 10, 1992 and the relevant provisions on certification mark in the Measures for the Administration of Marks of Import and Export Commodities as issued by the former State Administration of Import and Export Commodity Inspection on September 21, 1995 shall be repealed concurrently.
