Standardize Management Approaches In The Field Of Commerce (For Trial Implementation)

Original Language Title: 商务领域标准化管理办法(试行)

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201207/20120700370463.shtml

Standardize management approaches in the field of Commerce (for trial implementation)

    (May 8, 2012 the Ministry of Commerce announced on July 1, 2012, 2012 5th promulgation) Chapter I General provisions

    First to strengthen standardization work in the field of Commerce, improve management, business management, levels of service and safety, in accordance with the People's Republic of China standardization law and relevant regulations, these measures are formulated.

    Second business field standardization in these measures, including the formulation and revision of business standards, organizing and implementing business standards, monitor the implementation of standards on business.

    Article needs to standardize technical requirements in the business field, standards should be developed.

    Article fourth need harmonization of technical requirements in the field of business in the country, national standards should be developed.

    The absence of national standards and uniform technical requirements needed in the national business and industry standards can be developed.

    On national standards, industry standards are not covered or incomplete provision of technical requirements, the provincial Commerce authorities to this standardization Administrative Department in charge of developing local business standard recommendations.

    Fifth business in national standards, industry standards are divided into mandatory standards and voluntary standards.

    Mandatory standards based on national standards of law determine mandatory standards standards are voluntary standards.

    Article meets any of the following circumstances may establish standardized business guidance documents:

    (A) technology is still in development, the file needs to have the appropriate standards to guide their development or has a standardized value, it cannot be set as the standard of the project;

    (B) the International Organization for Standardization, International Electrotechnical Commission technical report items or any other international organization.

    Article seventh Ministry of commerce plans to develop standardized business career.

    Commerce above the county level authorities and standardization of business enterprises and institutions shall be in the field of business into the sector, the development planning unit, popularize the knowledge of standardization, enhance the awareness of standardization.

    Eighth to encourage business organizations and related organizations involved in relevant international standardisation activities, participation in research, development of international standards.

    Encouraging business enterprises to adopt international standards and advanced foreign standards.

    Chapter II administration of standardization work Nineth Department of Commerce is responsible for managing the national standardization work in the field of Commerce.

    Is responsible for the development of a national platform for business planning and system standardization work in the field, national standards and industry standards organizations to develop business, implement and promote the use of standard business, organization and management of business related field Standardization Technical Committee, business products and services in the field of quality inspection and certification body, unified management of international standardization activities in the field of Commerce, guide local departments in charge of Commerce standardization. Tenth of provinces, autonomous regions and municipalities directly under the commercial administrative department is responsible for managing business standardization within their respective administrative areas.

    Main duties are:

    (A) the implementation of national standardization of laws, regulations, standardization principles, policies and business requirements, and to develop concrete measures for the implementation of, and to organize its implementation;

    (Ii) standardization plan and develop business plans and implement;

    (C) to assist in supervision, inspection unit or individual areas of business standards and industry-standard drafting;

    (D) organizations develop local business standards;

    (E) promotion of implementation of the national standards in the field of Commerce, industry standards and local standards and the supervision and inspection of the implementation;

    (F) organize and guide the standards applied in business;

    (VII) hosting of Commerce commissioned other business areas of standardization. 11th business field Standardization Technical Committee by users, production and business operation entities, trade associations, scientific research institutions and academic groups and sector experts, is specialized in the professional organization for Standardization of technology, responsible for Standardization technical work carried out in the context of approved professional.

    Main duties are:

    (A) setting the standard system directories;

    (B) proposed by the proposals in the annual plan for the professional national standards and industry standards;

    (C) assist the professional standards and review work, coordinate technical issues;

    (D) bear the international standardization work;

    (E) participation in the review of the draft professional standards, review comments on the draft standard and standard the technical problems involved are responsible for;

    (F) the professional standards of work of advocacy, promotion and technical advisory services;

    (VII) undertake other business standardization work in the field.

    12th business field standardization technical focal point, determined by the Ministry of Commerce as required with reference to business-related responsibilities of the Standardization Technical Committee undertake corresponding standardization work.

    13th article of commerce based on the State's financial management regulations, organize funding standardization in the area of budget reporting and related fund management approach implementation.

    Chapter III standard plans 14th no unit or individual may apply to the Department of Commerce proposed standards projects and standards project proposal fill in the business and the business standard project plan summary tables.

    Apply for national projects, should be submitted simultaneously to the draft standard. When necessary, the Ministry can directly order standard project plan tasks.

    Submit related materials mandate pursuant to the preceding paragraph.

    15th Ministry of Commerce summary, review, coordination, standard form business program annual plan.

    Apply for national projects, submitted by the Ministry of Commerce standardization administrative department or other relevant departments under the State Council approval, and according to the relevant national standard management approach implementation. Application of industry standard project, the Ministry of Commerce approval given to the project the applicant of the standards project tasks in business plan (hereinafter referred to as the scheduled task book).

    The mission plan shall contain the standard name, focal point, Undertaker, duration and other information.

    16th under any of the following circumstances, you can make adjustments to the standard project applications that have been identified:

    (A) the standard items can be added to applications for business development;

    (B) in special cases, the content of standard project, including project name, a standard content, drafting unit and a draughtsman, and can be adjusted;

    (C) the appropriate standard-setting projects can apply for revocation.

    17th national standards project need to adjust, by project applicants fill out the business plan project application form of national standards in the field of Commerce, after reviewing the agreement, approved by the Ministry of Commerce standardization Administrative Department under the State Council; need to adjust industry standards project by project applicants to complete the application form for industry standard business plan project, reported to the Ministry of Commerce.

    When you adjust the standard program is not approved, should be implemented as planned.

    The fourth chapter standard of

    18th field of business standard should be guided by the following principles:

    (A) to establish a unified, open, competitive and orderly modern market system;

    (B) to facilitate people's life;

    (C) to ensure the quality of goods and services;

    (Iv) conducive to the promotion of business development;

    (E) to adopt international standards and advanced foreign standards;

    (Vi) strict mandatory industry standard ranges.

    19th received the task of planning the project applicant or industry standards mandate persons (hereinafter referred to as standard) should be in accordance with the guidelines for the Standardization (GB/T1.1-2009) of the draft standards draft, written presentation and related accessories.

    20th standard drafting party shall take effective measures to ensure the planned to complete a task, and to report periodically to the Ministry of Commerce on progress made in the drafting. Article 21st drafting party fails to complete the task of drafting, and submitted to the Ministry of Commerce shall be given 3 months extension request.

    May apply for an extension of the same item 1, after approval of a maximum 1-year extension.

    Time items are not completed or submitted the extension application, or apply for an extension is not completed, project automatically revoked. 22nd standards draft standards draft should be sought production, management, research, and testing (certification), quality control, distribution, use, and other units. Feedback is generally not mandatory standards is less than 40, recommended standards feedback normally no less than 30.

    Same unit of experts should not be more than 2.

    Standard draft should be open for comment, except otherwise provided by laws and regulations.

    Drafted 23rd criterion should be according to the collection the standard draft modified standard draft, standard presentation and related accessories. 24th Ministry of Commerce is responsible for the review of industry-standard draft.

    Review organization-specific works commissioned a business related field Standardization Technical Committee, associations (associations or societies) or other organizations.

    25th to review not less than 9 people, should include relevant professional fields of production, distribution, use, research, and testing (authentication) and other representatives, which represent not less than in the Inspector in the use of 1/4. Industry standard review 26th letter of review or audit mode can be used.

    For technical, economic, affecting the quality of life of the masses, and covers a wide range of standards should be reviewed. Review, in 1 month prior to the session organizer should the standard draft and related materials submitted to the personnel attending the Review Conference.

    Using letters, organizers should be 2 months before the letter before the vote will you notice, draft standards and related documents submitted to the personnel participating in the letter.

    Review and letter to vote in accordance with the relevant industry standard management regulations.

    Review should form the Conference meeting minutes, meeting minutes should include expert advice and approved by experts.

    27th industry standards after review, the draft, drafted by standards improve and form a draft standard for approval submitted to the Ministry of Commerce.

    28th amendment to industry standards in accordance with the relevant provisions in this chapter.
Fifth chapter approval standards, publishing and review

    29th national standards by the competent administrative Department for Standardization under the State Council for approval, number, release.

    Industry standard, published by the Ministry of Commerce for approval, number, and standardization authorities under the State Council for the record.

    Article 30th mandatory industry standard known as SB or WM, recommended industry standard known as SB/T or WM/T.

    Published 31st Ministry of Commerce commissioned units responsible for the industry-standard publishing, other units are not allowed to print without approval.

    32nd publishing Ministry of Commerce after the implementation of industry standards should be reviewed in due course.

    Professional or business related field Standardization Technical Committee standardization technical focal point, commissioned by the Ministry of Commerce, the Organization to review the industry standard for more than three years old, respectively, confirmed the existing standards remain in force, be amended or repealed, Commerce audit.

    Article 33rd review found problems in technical content, standard continued to use, or you want to increase or decrease the original standards a small number of technical content, by the business field Standardization Technical Committee or professional technical focal point for Standardization, proposed amendment of the standards, and filling out standard form.

    Article 34th amendment approved by the Ministry of commerce industry standard, uniform numbers in the form of announcement. 35th criteria when reprints should be standard and the corresponding standard amendment jointly edited and published, and indicated on the cover page. Review of industry standards, industry standard single have been released and should be reviewed.

    Industry standard, single published the industry standard should be modified and revised.

    Sixth chapter standards implementation and supervision Article 36th mandatory standards must be complied with.

    Product or service that does not meet the mandatory criteria, prohibiting the production, sale and import.

    Legal, administrative regulations, enforcement of voluntary standards, in the context of the effect of laws and administrative regulations enforced.

    37th enterprises to apply for product quality certification, shall be in accordance with the People's Republic of China standardization law section 15th of the regulations.

    38th company provides products and services are not national standards, industry standards and local standards, should develop appropriate business standards.

    National standards, industry standards and local standards in the field of Commerce, encourage enterprises to develop more stringent than the national standards, industry standards or local standard enterprise standard, in use within the enterprise.

    Encourage industry organizations, enterprises, voluntary use of voluntary industry standards.

    39th commercial administrative departments at all levels, professional and technical commissions, relevant industry associations business standards implementation work in the field should be strengthened.

    40th article of any units or individuals found in the standards implementation process in business problems, time to consult the standard focal point, major problems should be promptly reported to the Ministry of Commerce.

    41st standard draft party no justification was not completed or not required completion of the project, the Ministry ordered to rectify; fails, within 5 years may not undertake any business field standardization tasks. 42nd no unit or individual may apply to the competent Commerce departments to report violations of the mandatory standards in the field of Commerce.

    Departments of commercial administration pursuant to the relevant laws, rules and regulations shall be punished, or transferred to the relevant departments will be punished.

    The seventh chapter by-laws

    43rd article of the way in the form of style, submission requirements enacted separately by the Ministry of Commerce. 44th article of the rules take effect on July 1, 2012. Of the implementation measures for the management of the Department of internal trade (domestic trade Division [1997] 135th) and the management of standardization in foreign trade industry (foreign trade and economic cooperation [1999] 103th) repealed simultaneously.