(Adopted at the 5th meeting of the Standing Committee of the 7th National People's Congress on 29 December 1988; revised at the 30th meeting of the Standing Committee of the 12th National People's Congress on 4 November 2017)
Table of Contents
Chapter I General Provisions
Chapter II Formulation of Standards
Chapter III Implementation of Standards
Chapter IV Supervision and Administration
Chapter V Legal Liability
Chapter VI Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is formulated to strengthen standardization work, raise the quality of products and services, promote scientific and technological progress, safeguard human health and the safety of life and property, protect national security and ecological and environmental safety, and improve the level of economic and social development.
Article 2 Standards (including standard samples) referred to in this Law are technical requirements that need to be unified in agriculture, industry, services, social undertakings, and other fields.
Standards include national standards, industry standards, local standards, group standards, and enterprise standards. National standards are divided into mandatory standards and recommended standards; industry standards and local standards are recommended standards.
Mandatory standards must be implemented. The state encourages the adoption of recommended standards.
Article 3 The tasks of standardization work are to formulate standards, organize their implementation, and supervise the formulation and implementation of standards.
People's governments at and above the county level shall incorporate standardization work into their respective national economic and social development plans and include the funding for standardization work in their respective budgets.
Article 4 The formulation of standards shall be based on scientific and technological research outcomes and social practical experience, with thorough investigation and demonstration and broad solicitation of opinions, ensuring the scientific basis, normativity, and timeliness of standards and improving their quality.
Article 5 The standardization administrative department of the State Council exercises unified administration over standardization work nationwide. The relevant administrative departments of the State Council administer standardization work in their respective fields and industries on a divided-responsibility basis.
The standardization administrative departments of local people's governments at and above the county level exercise unified administration over standardization work within their administrative regions. The relevant administrative departments of local people's governments at and above the county level administer standardization work in their respective fields and industries within their administrative regions on a divided-responsibility basis.
Article 6 The State Council establishes a standardization coordination mechanism to coordinate major reforms of standardization, study major standardization policies, and coordinate the formulation and implementation of cross-departmental, cross-disciplinary, and disputed standards.
Local people's governments above the prefectural level with subordinate districts may, as required, establish standardization coordination mechanisms to coordinate major standardization matters within their administrative regions.
Article 7 The state encourages enterprises, social organizations, education and research institutions to undertake or participate in standardization work.
Article 8 The state actively promotes participation in international standardization activities, conducts international standardization cooperation and exchange, takes part in formulating international standards, adopts international standards in light of national conditions, and promotes the conversion and application between Chinese and foreign standards.
The state encourages enterprises, social organizations, education and research institutions to participate in international standardization activities.
Article 9 Units and individuals that have made notable contributions in standardization shall be commended and rewarded in accordance with relevant state regulations.
Chapter II Formulation of Standards
Article 10 Mandatory national standards shall be formulated for technical requirements that safeguard human health and the safety of life and property, national security, ecological and environmental safety, and basic needs of economic and social management.
The relevant administrative departments of the State Council are responsible, within their respective duties, for proposing, organizing the drafting of, soliciting opinions on, and conducting technical review of mandatory national standards. The standardization administrative department of the State Council is responsible for project initiation, numbering, and external notification of mandatory national standards. The standardization administrative department of the State Council shall examine whether proposed mandatory national standards meet the requirements of the preceding paragraph, and shall approve project initiation for those that meet such requirements.
The standardization administrative departments of provincial, autonomous regional, and municipal people's governments may submit proposals for project initiation of mandatory national standards to the standardization administrative department of the State Council, which shall make decisions jointly with the relevant administrative departments of the State Council. Social organizations, enterprises, public institutions, and citizens may submit proposals for project initiation of mandatory national standards to the standardization administrative department of the State Council; if the standardization administrative department of the State Council considers project initiation necessary, it shall make a decision jointly with the relevant administrative departments of the State Council.
Mandatory national standards shall be approved and issued by the State Council, or issued upon authorized approval.
Where laws, administrative regulations, or State Council decisions provide otherwise for the formulation of mandatory standards, those provisions shall apply.
Article 11 Recommended national standards may be formulated for technical requirements that meet basic and general needs, support mandatory national standards, or play a leading role for the relevant industries.
Recommended national standards shall be formulated by the standardization administrative department of the State Council.
Article 12 Where there is no recommended national standard and a unified technical requirement is needed nationwide for an industry, an industry standard may be formulated.
Industry standards shall be formulated by the relevant administrative departments of the State Council and filed with the standardization administrative department of the State Council.
Article 13 Local standards may be formulated to meet special technical requirements arising from local natural conditions, customs, and habits.
Local standards shall be formulated by the standardization administrative departments of provincial, autonomous regional, and municipal people's governments. With the approval of the standardization administrative department of the corresponding provincial, autonomous regional, or municipal people's government, the standardization administrative department of a prefectural-level people's government with subordinate districts may, in light of the special needs of its administrative region, formulate local standards for that administrative region. Local standards shall be filed by the standardization administrative departments of provincial, autonomous regional, and municipal people's governments with the standardization administrative department of the State Council, which shall in turn notify the relevant administrative departments of the State Council.
Article 14 For standards projects urgently needed to safeguard human health and the safety of life and property, national security, ecological and environmental safety, and economic and social development, the administrative departments responsible for formulating standards shall give priority to project initiation and complete the work in a timely manner.
Article 15 In formulating mandatory and recommended standards, the actual needs of relevant administrative departments, enterprises, social organizations, consumers, and education and research institutions shall be investigated at the project initiation stage, and the necessity and feasibility of formulating the standards shall be demonstrated and assessed. During the formulation process, opinions shall be solicited through various means in line with the principles of convenience and effectiveness; investigation, analysis, experiments, and demonstration of relevant standards-related matters shall be organized; and coordination and complementarity among relevant standards shall be ensured.
Article 16 In formulating recommended standards, a standardization technical committee composed of relevant parties shall be organized to undertake the drafting and technical review of standards. In formulating mandatory standards, the relevant standardization technical committees may be entrusted with drafting and technical review. Where no standardization technical committee has been established, an expert group shall be set up to undertake the drafting and technical review of relevant standards. The composition of the standardization technical committee and expert group shall be broadly representative.
Article 17 The texts of mandatory standards shall be made available to the public free of charge. The state promotes making the texts of recommended standards available to the public free of charge.
Article 18 The state encourages societies, associations, chambers of commerce, federations, industry technology alliances, and other social organizations to coordinate relevant market participants in jointly formulating group standards meeting market and innovation needs, to be applied as agreed by members of the organization or made available for voluntary adoption by society in accordance with the organization's rules.
The formulation of group standards shall follow the principles of openness, transparency, and fairness, ensuring access to relevant information by all participating parties, reflecting their common needs, and including organized investigation, analysis, experiments, and demonstration of relevant matters.
The standardization administrative department of the State Council, jointly with the relevant administrative departments of the State Council, shall regulate, guide, and supervise the formulation of group standards.
Article 19 Enterprises may, as needed, formulate enterprise standards on their own or jointly with other enterprises.
Article 20 The state supports the use of independently innovative technologies to formulate group standards and enterprise standards in important industries, strategic emerging industries, and key common technology fields.
Article 21 The technical requirements of recommended national standards, industry standards, local standards, group standards, and enterprise 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 with technical requirements higher than those of recommended standards.
Article 22 The formulation of standards shall be conducive to the rational and economical use of resources, the dissemination of scientific and technological achievements, and the enhancement of product safety, generality, and interchangeability, improving economic, social, and ecological benefits, and shall be technically advanced and economically reasonable.
It is prohibited to use standards to engage in conduct that excludes or restricts market competition, such as obstructing the free flow of goods or services.
Article 23 The state advances civil-military integration and resource sharing in standardization, raises the level of common civil-military standards, actively promotes the use of advanced and applicable civilian standards in national defence and military development, and converts advanced and applicable military standards into civilian standards.
Article 24 Standards shall be numbered in accordance with numbering rules. The numbering rules for standards shall be formulated and published by the standardization administrative department of the State Council.
Chapter III Implementation of Standards
Article 25 Products or 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 system of self-declaration, public disclosure, and supervision of group standards and enterprise standards. Enterprises shall publicly disclose the numbers and titles of the mandatory standards, recommended standards, group standards, or enterprise standards they implement; where an enterprise implements an enterprise standard formulated by itself, it shall also disclose the functional indicators of products and services and the performance indicators of products. The state encourages public disclosure of group and enterprise standards through the standards information public service platform.
Enterprises shall organize production and operations in accordance with standards; the products produced and the services provided shall meet the technical requirements of the standards publicly disclosed by the enterprise.
Article 28 In developing new products, improving products, and carrying out technological upgrading, enterprises shall comply with the standardization requirements provided in this Law.
Article 29 The state establishes a system for statistical analysis and reporting on 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 departments of local people's governments at and above the prefectural level with subordinate districts shall establish information feedback and assessment mechanisms for the implementation of standards, and review the standards they have formulated based on feedback and assessment. The review cycle for standards shall generally not exceed five years. After review, standards that are no longer suited to the needs of economic and social development and technological progress shall be promptly revised or repealed.
Article 30 Where the standardization administrative department of the State Council finds, on the basis of standards implementation feedback, assessment, and review, that there are duplications, overlaps, or lack of coordination among relevant standards, it shall handle the matter jointly with the relevant administrative departments of the State Council, or address it through the State Council's standardization coordination mechanism.
Article 31 People's governments at and above the county level shall support standardization pilots, demonstrations, and outreach, disseminate the concept of standardization, share standardization experience, and promote the use of standardized approaches to organize production, operations, management, and services across society, harnessing the supporting role of standards in promoting transformation and upgrading and leading innovation-driven development.
Chapter IV Supervision and Administration
Article 32 The standardization administrative departments and relevant administrative departments of people's governments at and above the county level shall, in accordance with their statutory duties, guide and supervise the formulation of standards and supervise and inspect the implementation of standards.
Article 33 In the event of disputes among the relevant administrative departments of the State Council in the formulation or implementation of standards, the standardization administrative department of the State Council shall organize consultations; if no agreement is reached, the matter shall be resolved through the State Council's standardization coordination mechanism.
Article 34 Where the relevant administrative departments of the State Council or the standardization administrative departments of local people's governments at and above the prefectural level with subordinate districts have failed to number, review, or file standards in accordance with this Law, the standardization administrative department of the State Council shall require them to provide explanations and to make corrections within a specified period.
Article 35 Any unit or individual has the right to report or complain to the standardization administrative departments and relevant administrative departments about acts in violation of this Law.
The standardization administrative departments and relevant administrative departments shall publicize the telephone numbers, mailboxes, or email addresses for receiving reports and complaints, and shall arrange personnel to handle them. For real-name reporters or complainants, the receiving administrative department shall inform them of the outcome, keep their identities confidential, and reward them in accordance with relevant state regulations.
Chapter V Legal Liability
Article 36 Where products or services produced, sold, imported, or provided fail to meet mandatory standards, or where products produced or services provided by an enterprise fail to meet the technical requirements of its publicly disclosed standards, civil liability shall be borne in accordance with law.
Article 37 Where the production, sale, import, or provision of products or services does not meet mandatory standards, the matter shall be investigated and handled in accordance with the Product Quality Law of the People's Republic of China, the Law of the People's Republic of China on the Inspection of Import and Export Commodities, the Law of the People's Republic of China on the Protection of Consumer Rights and Interests, and other laws and administrative regulations, recorded in credit records, and disclosed in accordance with relevant laws and administrative regulations; if a crime is constituted, criminal liability shall be pursued in accordance with law.
Article 38 Where an enterprise fails to publicly disclose the standards it implements as required by this Law, the standardization administrative department shall order it to make corrections within a specified period; if it fails to do so, the matter shall be publicized on the standards information public service platform.
Article 39 Where standards formulated by the relevant administrative departments of the State Council or by the standardization administrative departments of local people's governments at and above the prefectural level with subordinate districts do not comply with paragraph 1 of Article 21 or paragraph 1 of Article 22 of this Law, corrections shall be made promptly; if corrections are refused, the standardization administrative department of the State Council shall publicly repeal the relevant standards, and the responsible leaders and persons directly responsible shall be sanctioned in accordance with law.
Where standards formulated by social organizations or enterprises do not comply with paragraph 1 of Article 21 or paragraph 1 of Article 22 of this Law, the standardization administrative department shall order corrections within a specified period; if not corrected within the period, the standardization administrative department of a provincial-level or higher people's government shall repeal the relevant standards and publicize the action on the standards information public service platform.
Where the use of standards to engage in acts excluding or restricting market competition violates paragraph 2 of Article 22 of this Law, the matter shall be handled in accordance with the Anti-Monopoly Law of the People's Republic of China and other relevant laws and administrative regulations.
Article 40 Where the relevant administrative departments of the State Council or the standardization administrative departments of local people's governments at and above the prefectural level with subordinate districts fail to number or file standards in accordance with this Law and fail to make corrections in accordance with Article 34 of this Law, the standardization administrative department of the State Council shall revoke the relevant standard numbers or publicly repeal the unfiled standards, and the responsible leaders and persons directly responsible shall be sanctioned in accordance with law.
Where the relevant administrative departments of the State Council or the standardization administrative departments of local people's governments at and above the prefectural level with subordinate districts fail to review the standards they have formulated in accordance with this Law and fail to make corrections in accordance with Article 34 of this Law, the responsible leaders and persons directly responsible shall be sanctioned in accordance with law.
Article 41 Where the standardization administrative department of the State Council fails to initiate projects in accordance with paragraph 2 of Article 10 of this Law, where standards it has formulated do not comply with paragraph 1 of Article 21 or paragraph 1 of Article 22 of this Law, or where it fails to number, review, or file standards as required by this Law, corrections shall be made promptly; the responsible leaders and persons directly responsible may be sanctioned in accordance with law.
Article 42 Where social organizations or enterprises fail to number group or enterprise standards in accordance with this Law, the standardization administrative department shall order corrections within a specified period; if not corrected within the period, the standardization administrative department of a provincial-level or higher people's government shall revoke the relevant standard numbers and publicize the action on the standards information public service platform.
Article 43 Where supervisory and administrative personnel for standardization work abuse their power, neglect their duties, or engage in malpractice for personal gain, they shall be sanctioned in accordance with law; if a crime is constituted, criminal liability shall be pursued in accordance with law.
Chapter VI Supplementary Provisions
Article 44 Measures for the formulation, implementation, and supervision of military standards shall be separately formulated by the State Council and the Central Military Commission.
Article 45 This Law shall come into force on 1 January 2018.
