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Administrative Measures For The Certification Training Institutions

Original Language Title: 认证培训机构管理办法

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(September 29, 2005 the State General Administration of quality supervision, inspection and quarantine, the 81st release as of November 1, 2005) Chapter I General provisions article to strengthen the supervision and administration of certification training institutions, regulating the activities of certification training, according to the People's Republic of China administrative licensing law and the People's Republic of China certification and Accreditation regulations, as well as the relevant provisions of the State Council, these measures are formulated.
    Article certification training institutions in these measures refers to accreditation, audits, inspections, and other certification staff to carry out basic training activities related to the activities of the organization.
    Article People's Republic of China engaged in certification training activities shall abide by these measures.
    Fourth national certification and accreditation Administration Committee (hereinafter referred to as CNCA) is responsible for the accreditation of training institutions and their certification the unified management and supervision of training activities.
    Local quality and technical supervision departments at all levels and local entry-exit inspection and quarantine institutions (hereinafter referred to as local certification supervision and management departments) in accordance with their respective responsibilities, the jurisdiction of the law supervise and inspect the certification of training activities in the region.
    Fifth State encourages certification training institutions identified by the CNCA authorized institutions (hereinafter AIS) approval, to ensure its continued and stable with certification training capabilities.
    Chapter II approval of the establishment of the conditions and procedure established by article sixth of certification training institutions shall be approved by the CNCA, and after obtaining a legal personality under the law, may engage in certification training activities within the approved range.
    Seventh article established certification training institutions, should meet following conditions: (a) has fixed of business places and necessary of training teaching facilities and the Office conditions; (ii) registered funds shall not less than Yuan 200,000 yuan; (three) has 4 name above has registered training teachers qualification of full-time teachers, each items courses of full-time teachers shall not less than 2 name; (four) has meet about certification training institutions requirements of quality management system file; (five) has owned or related organization authorized of intellectual property training courses;
    (F) subject to the other conditions according to law.
    The certification of establishment of foreign-invested training institutions should adhere to the above requirements, the foreign investor should also make their national or regional law authorized certification training qualification and certification training, and have authorized certification training to the teachers. Eighth article established certification training institutions of approval program: (a) established certification training institutions of applicants (following referred to applicants), should to national recognize JISC proposed written application, and submitted related proved material; (ii) national recognize JISC should on applicants submitted of application material for preliminary review, and since received application material of day up 5th within made accepted or not accepted application of written decided; (three) national recognize JISC should since accepted application of day up, on application material of real content for review and verified, And in the 20th, and make a decision on whether to approve it.
    Decision, to the applicant the notification of approval of the establishment of certification training institutions, is not granted, and shall notify the applicant in writing and state the reasons and (iv) the applicant countries CAA issued the notification of approval of the establishment of certification training institutions, in accordance with the law relating to registration, in accordance with the law of registration to receive the letter of approval of certification training institutions.
    CNCA shall publish directory of accredited training institutions established by law.
    The Nineth book of the approval of the certification authority is valid for 4 years.
    Certification training providers need an extension of the approval of the certification authority shall, before the expiry of the approval certificate of certification training institutions apply to CNCA within 90 days.
    Tenth outside of certification training institutions in the People's Republic of China should set up a representative office in the territory by the CNCA in writing for the record, may engage in related business, market research, technology transfer and other promotional activities, but shall not engage in certification training of operational activities.
    11th subcontracting outside of certification training institutions of certification training institutions or organization of the relevant training courses shall be approved by the CNCA.
    12th certification institutions, certification training, certification, advisory bodies can engage in internal auditor training activities within the scope of its approval, but the certification body may not delegate its certification clients internal auditor training activities.
    Internal auditor training for teachers should have a senior auditor or senior consultant qualifications.
    Chapter III conduct the 13th article of certification training institutions should be according to the CNCA certification training basic norms, guidelines, rules, and other relevant requirements for certification training course certification training activities.
    Belongs to the new field of certification training, uniform certification training courses have not been established guidelines, rules and certification certification training courses training institutions can develop their own norms and rules.
    14th certification training institutions should be public certification training basic requirements, fees and other information, and information is true, accurate and comprehensive.
    15th article of certification training institutions must complete the certification training and certification training course standards and rules required course design, course management, student management, certificate management, and management review, and other basic programs, ensure the integrity of certification training, real, effective, may not be reduced, missing certification training programs and content.
    Certification training institutions will be expected to make a complete record of the certification training, and file retention.
    16th certification training institutions should be established with the certification training course guidelines, rules, adapt training courses in management and teacher training evaluation system and, if necessary, can obtain a confirmation of the authorized institutions.
    17th Certification Training Institute certification training and certification training for teachers should be timely made conclusions and guaranteed certification training objective, true conclusion.
    Accredited training meets the requirements, certification training bodies should timely issuance of certification certificate; do not meet the requirements, should inform the training people, and explain the reasons.
    The 18th after being signed by certification training through the training of teachers, by head of certification training institutions or authorized by him to sign.
    Certification training institutions responsible for teacher certification training and certification training conclusion.
    19th certification training institution certified the effectiveness of training activities should be monitored and evaluated at least once every 12 months 1 internal audit and management review of quality system.
    Certification training institutions should be before the end of January each year to the CNCA and 1 on the local certification supervision and management departments to submit annual reports.
    20th under any of the following circumstances, certification training institutions should report to CNCA before changes occur, and handle the related matters: (a) certification training scope of business change, (ii) the legal representative, the shareholder change, (iii) professional teachers change; (d) name of certification training institutions to change. Fourth chapter, supervision and inspection of the 21st CNCA shall exercise supervision over and inspection of certification training institutions.
    Supervision includes: annual report review of site supervision; the certification of training activities and results are random; peer review organizations; to certification training for comments.
    22nd sector to have obtained accreditation of certification training institutions should be implemented and accreditation.
    The 23rd local certification supervision and management departments shall, in accordance with the regulations on supervision and inspection certification training activities, for violations to be investigated. 24th article of any unit and individual training for certification violations are entitled to the CNCA and local certification supervision and management departments to report.
    CNCA and local certification supervision and management departments should be promptly investigated and the informer confidential.
    25th article has following case one of of, national recognize JISC should law handle certification training institutions approved decided cancellation procedures: (a) certification training institutions approved book validity expires not continued of; (ii) certification training institutions law terminated of; (three) certification training institutions has not has certification training capacity of; (four) legal regulations provides of should cancellation certification training institutions approved decided of other case.
    26th article has following case one of of, national recognize JISC according to interest relationship people of requests or according to terms, can revoked on certification training institutions made of approved decided: (a) staff abuse, and negligence made approved decided of; (ii) beyond statutory terms made approved decided of; (three) violation statutory program made approved decided of; (four) on not has application qualification or not meet statutory conditions of applicants granted approved of; (five) law can revoked approved decided of other case.
    Chapter fifth penalty 27th of unauthorized certification training activities, ordered to stop the certification of training activities, the fine of 30,000 yuan, and to the public.
    28th unauthorized subcontracting outside of certification training institutions or organization of the relevant training courses, ordered to stop subcontracting the training business, fined 20,000 yuan in serious, CNCA shall order rectification, or even revoke the approval document, and to the public.
    29th the applicant when applying for the establishment of certification training institutions, conceal the relevant information or provide false materials, CNCA shall not be accepted or rejected, and given a warning.
    30th certification training institutions through deception, bribery or other improper means to obtain approval documents, ordered to stop the certification of training activities of 30,000 yuan fines; CNCA shall withdraw approval documents, and to the public.
    Article 31st of certification training institutions beyond the CNCA certification training approved scope of business activities shall be ordered to correct, RMB 30,000 yuan fines; the circumstances are serious, the CNCA shall order the rectification, or even revoke the approval document, and to the public.
    32nd of certification training institutions alter, lease or loan approval certificate or to subcontract the agency certification training business, delegate recruitment and other forms of illegal transfer of certification training, correction, RMB 30,000 yuan fines; the circumstances are serious, the CNCA shall order the rectification, undo the approval documents, and to the public.
    33rd certification training institutions in public information, Web site and advertising campaigns for any false or misleading advertising, correction of 5000 Yuan fines; the circumstances are serious, CNCA shall order the rectification, and to the public.
    34th article violates this approach set forth in 13th to 20th, correction and give a warning in serious cases, more than 5000 Yuan and fined a maximum of 20,000 yuan.
    Article 35th of certification training institutions at the CNCA or local certification supervision and Management Department in the supervision and inspection of the implementation, hiding the situation, providing false information or refuse to provide authentic materials reflecting its activities, correction, fines of between 10,000 yuan and 30,000 yuan in serious, CNCA shall order the rectification, and to the public.
    Certification training institutions outside the 36th in the People's Republic of China without setting up a representative office in the territory of CNCA the record or the business activities of certification training, correction of 20,000 yuan fine, and to the public.
    37th certification training appointment without the authorized institution registered or recognized certification training of trainers activities, correction of 5000 Yuan fines; the circumstances are serious, CNCA shall order the rectification, and to the public.
    Article 38th of certification training institutions were closed during the reorganization by CNCA, continue to engage in certification of training activities, correction of 30,000 yuan fines; the circumstances are serious, CNCA shall withdraw approval documents, and to the public.
    39th trade, forgery, or fraudulent use of approved documents, certification proof of training certificate certification and other training, correction and fined 30,000 yuan.
    Violations of the provisions of the preceding paragraph of certification training institutions, CNCA shall order rectification, or even revoke the approval document, and to the public.
    40th CNCA and staff of local certification supervision and management departments in approval of certification training institutions work, comply with article 26th of this approach for the first to the fourth requirement of, by its competent authorities, impose administrative sanctions constitutes a crime, criminal liability shall be investigated for their.
    Sixth chapter supplementary articles article 41st Hong Kong S.A.R., and Macau S.A.R. and Taiwan applicants in the area of People's Republic of China provinces, autonomous regions and municipalities to set up permanent representative of certification training institutions or agencies shall, mutatis mutandis, these rules shall apply for approval as well as other matters.
    42nd certification training fees, shall comply with the relevant price provisions of laws and administrative regulations of the State.
    43rd article of the approach by the State administration of quality supervision, inspection and quarantine is responsible for the interpretation.
    44th these measures shall come into force on November 1, 2005.
                                                                                                    Relevant certification bodies approval and other regulatory provisions does not comply with the regulations, from the date of implementation of this method to stop execution.