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Interim Provisions On The Certification Of Punishments

Original Language Title: 认证违法行为处罚暂行规定

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(November 6, 2002 the State General Administration of quality supervision, inspection and quarantine announced 29th) first to strengthen the supervision and administration of certification activities, standardize certification markets, combating certification violations, maintaining the certification order, according to the national certification and accreditation provisions of laws and administrative regulations, this provision is enacted. Second circular of the State administration of quality supervision, inspection and quarantine (hereinafter referred to as AQSIQ) is responsible for the unified management of administrative punishment of an offence.
    National Commission on certification and accreditation Administration (hereinafter referred to as CNCA) is responsible for organizing the investigation certification violations.
    Quality and technology supervision agencies and entry-exit inspection and quarantine authorities in accordance with the Division of responsibilities responsible certification in the area of administrative punishments.
    Third article certification institutions, and certification training institutions, and certification advisory institutions (containing foreign investment certification institutions, and certification training institutions, and certification advisory institutions, with) without national recognize JISC approved or certification institutions, and certification training institutions not by national recognize JISC requirements get recognized institutions recognized, unauthorized engaged in certification, and certification training, and certification advisory activities of, ordered its stop related activities, at 30,000 yuan fine; by national recognize JISC be announcement.
    Article fourth certification institutions, certification training, certification, advisory bodies in the process of setting up false certificates issued by obtaining eligibility, ordered to stop the certification, certification training, certification, consulting activities, of 30,000 yuan fines; by the CNCA to withdraw its approval of eligibility, and make an announcement.
    Fifth article certification institutions, and certification training institutions, and certification advisory institutions and branch institutions has following behavior one of of, at 30,000 yuan fine; by national recognize JISC suspended or revoked its approved qualification, and be announcement: (a) engaged in false certification, and certification training, and certification advisory activities of; (ii) sold certification certificate, and certification logo, certification proved file of; (three) beyond national recognize JISC approved of business range for certification, and certification training, and certification advisory activities of.
    Sixth article certification institutions, and certification training institutions, and certification advisory institutions and branch institutions has following behavior one of of, at 10,000 yuan above 30,000 yuan following of fine; by national recognize JISC suspended its approved qualification, can be announcement: (a) for false or misleading sex publicity of; (ii) using not due competition means malicious competition or engaged in damage certification just sex and effectiveness activities of; (three) other violation certification work basic guidelines of.
    Seventh product of false certificates issued by the certification body, in accordance with the People's Republic of China product quality law article 57th penalty, by the CNCA suspended or revoked its eligibility, can make an announcement.
    Eighth product certification issued by a certification body to prove false, resulting in heavy losses, by the CNCA suspended or revoked its eligibility, can make an announcement.
    Nineth certification institution in violation of the People's Republic of China product quality law provisions of 21st, of failing to perform their certification track inspection duties, approved by the CNCA to suspension or cancellation of qualification, can make an announcement.
    Article tenth certification institutions, certification training, certification, advisory body to the Office (including foreign certification body, certification of training institutions, the advisory body's resident representative office in China) are directly involved in certification, certification training, certification, consulting activities, ordered to stop the certification, certification training, certification, consulting activities, fine of 30,000 yuan, and make an announcement. 11th certification institutions, certification training, certification, advisory body is suspended or revoked by CNCA eligibility since being suspended or revoked during the eligibility date of eligibility shall not be engaged in certification, certification training, certification, consulting activities.
    Violation of the above-mentioned provisions, in accordance with this article be punished.
    12th certification institutions, certification training, certification, qualifications of advisory bodies by the national accreditation revoked the permission, the CNCA in 3 years no longer accepts the application for the institutions established under the Agency name.
    13th certification institutions, certification training, certification, advisory body of who, in violation of basic norms of certification, suspended its qualifications for certification by authorized institutions in serious cases, by authorized institutions to cancel its qualifications for certification. Certification institutions, certification training, advisory body staff qualifications for accreditation has been suspended during the qualification date of accreditation has been revoked, and any certification institutions, certification training, certification, advisory bodies is not allowed to engage in certification, certification training, certification, consulting work.
    Violation of the above-mentioned provisions, in accordance with the provisions of article sixth penalty.
    14th transferring, trading, forgery or fraudulent use of approval documents, certification mark, approval certificates, certificates and other documents shall be ordered to correct, and a fine of 30,000 yuan.
    15th certification violations serious enough to constitute a crime shall be transferred to judicial organs for criminal responsibility according to law.
    16th national certification and accreditation laws, administrative laws and regulations have specified that the certification of administrative punishment of an offence from its provisions.
    17th local quality and technical supervision institutions, entry-exit inspection and quarantine authorities impose administrative penalties, shall comply with the procedure of administrative penalty prescribed by siqsaq.
    18th private party not satisfied with the administrative penalties may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.
    19th national accreditation organization to supervise and inspect the implementation of the national certification and accreditation system, and to supervise the major certification violations and operational guidance.
    20th article of the regulation by the AQSIQ to interpret.
                                                                                                              21st article of the regulations come into force on December 15, 2002.