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Full Text | Measures for the Supervision and Administration of Inspection and Testing Institutions
Release Date:
2021/07/17
Administrative Measures for the Supervision and Administration of Inspection and Testing Institutions
Article 1 In order to strengthen the supervision and administration of inspection and testing institutions, standardize their professional conduct, and foster a fair and orderly inspection and testing market environment, these Measures are formulated in accordance with the Measurement Law of the People’s Republic of China and its Implementing Rules, the Regulations on Certification and Accreditation of the People’s Republic of China, and other relevant laws and administrative regulations.
Article 2 This Measures shall apply to the activities of inspection and testing institutions within the territory of the People’s Republic of China that issue inspection and testing data, results, and reports (hereinafter collectively referred to as “inspection and testing reports”) with evidentiary value to the public, as well as to the supervision and administration thereof.
Where laws and administrative regulations provide otherwise for the supervision and administration of inspection and testing institutions, such provisions shall prevail.
Article 3: For the purposes of these Measures, “inspection and testing institutions” refer to professional technical organizations that are established in accordance with the law and, in accordance with relevant standards and other provisions, utilize instruments, equipment, environmental facilities, and other technical conditions and specialized expertise to conduct inspection and testing on products or other specific objects.
Article 4 The State Administration for Market Regulation shall be solely responsible for and comprehensively coordinate the supervision and administration of inspection and testing institutions.
Provincial market supervision and administration authorities are responsible for the supervision and management of inspection and testing institutions within their administrative jurisdictions.
Market supervision and administration departments at the prefecture (city) and county levels are responsible for the supervision and inspection of inspection and testing institutions within their respective administrative jurisdictions.
Article 5 Inspection and testing institutions and their personnel shall be responsible for the inspection and testing reports they issue and shall, in accordance with law, bear civil, administrative, and criminal legal liabilities.
Article 6 Inspection and testing institutions and their personnel, in conducting inspection and testing activities, shall comply with the provisions of laws, administrative regulations, and departmental rules; adhere to the principles of objectivity, independence, fairness, impartiality, honesty, and good faith; uphold professional ethics; and assume social responsibility.
Inspection and testing institutions and their personnel shall be independent of any interested parties involved in the inspection and testing reports they issue, free from any factors that could compromise their technical judgment, and ensure that the reports they issue are truthful, objective, accurate, and complete.
Article 7 Personnel engaged in inspection and testing activities shall not concurrently work for more than two inspection and testing institutions. Authorized signatories for inspection and testing shall meet the relevant technical competency requirements.
Where laws or administrative regulations provide otherwise with respect to the professional qualifications of inspection and testing personnel or authorized signatories, or impose prohibitions on their practice, such provisions shall prevail.
Article 8 Inspection and testing institutions shall conduct inspection and testing in accordance with the State’s relevant mandatory requirements concerning sample management, management and use of instruments and equipment, inspection and testing procedures or methods, and data transmission and storage.
Testing and inspection bodies and clients may agree on testing and inspection procedures or methods that are not subject to relevant mandatory national regulations.
Article 9. Where a testing and inspection body conducts tests on samples submitted by the client, the testing and inspection report shall be responsible for the compliance of the tested items with the relevant requirements; the representativeness and authenticity of the submitted samples shall be the responsibility of the client.
Article 10 Where it is necessary to subcontract inspection and testing items, the inspection and testing institution shall subcontract such items to another inspection and testing institution that possesses the requisite qualifications and capabilities, and shall obtain prior consent from the client regarding both the subcontracted inspection and testing items and the inspection and testing institution proposed to undertake such subcontracting.
Testing and inspection bodies shall specify in the testing and inspection report the items that have been subcontracted and the testing and inspection body undertaking such subcontracted work.
Article 11. Inspection and testing institutions shall affix their official seal or a dedicated inspection and testing seal to their inspection and testing reports, which shall be issued by an authorized signatory within the scope of their technical competence.
The language used in inspection and testing reports shall comply with relevant requirements and clearly cite the applicable standards and other technical bases. If a text error is found in an inspection and testing report that genuinely requires correction, the inspection and testing institution shall make the correction in accordance with the relevant standards and other provisions and shall mark or explain such correction.
Article 12 Inspection and testing institutions shall archive and retain the original inspection and testing records and reports. The retention period shall be no less than six years.
Article 13. Inspection and testing institutions shall not issue false inspection and testing reports.
An inspection and testing report issued by an inspection and testing institution shall be deemed a false inspection and testing report if any of the following circumstances exist and the data or results are erroneous or cannot be verified:
(1) Where the collection, labeling, distribution, circulation, preparation, storage, and disposal of samples do not comply with relevant standards, resulting in sample contamination, mix-up, damage, or abnormal changes in sample characteristics;
(2) The use of instruments, equipment, or facilities that have not been verified or calibrated;
(3) Violating the state’s mandatory regulations governing inspection and testing procedures or methods;
(4) Failure to transmit and store raw data and reports in accordance with applicable standards and other relevant regulations.
Article 14. Inspection and testing institutions shall not issue false inspection and testing reports.
A inspection and testing report issued by an inspection and testing institution shall be deemed a false inspection and testing report if any of the following circumstances exists:
(1) Those that have not undergone inspection and testing;
(2) Falsifying or altering original data and records, or failing to use original data and records in accordance with relevant standards and other provisions;
(3) Reducing, omitting, or altering items that, according to the standards and other relevant provisions, shall be subject to inspection and testing, or changing critical inspection and testing conditions;
(4) Replacing the inspection and testing sample or altering its original condition for the purpose of inspection and testing;
(5) Forging the official seal or the dedicated seal for inspection and testing of an inspection and testing institution, or forging the signature of an authorized signatory or the date of issuance.
Article 15 Inspection and testing institutions and their personnel shall maintain the confidentiality of any state secrets and trade secrets they become aware of in the course of their inspection and testing activities.
Article 16 Inspection and testing institutions shall make a self-declaration on their official website or through other publicly available means regarding their compliance with statutory requirements, independent and impartial operation, fulfillment of social responsibility, and strict adherence to honesty and good faith, and shall be responsible for the truthfulness, comprehensiveness, and accuracy of such declaration.
Inspection and testing institutions shall report to the provincial market supervision and administration authority in their jurisdiction information on their ongoing compliance with applicable conditions and requirements, adherence to professional standards, conduct of inspection and testing activities, and statistical data.
Inspection and testing institutions shall promptly report to the market supervision and administration authorities any widespread product quality issues identified during their inspection and testing activities.
Article 17: Market supervision and administration departments at or above the county level shall, in accordance with the annual supervision and inspection plan for inspection and testing institutions, randomly select inspection subjects and randomly assign law enforcement inspectors to carry out supervision and inspection activities.
For the purpose of responding to emergencies and other needs, market supervision and administration departments at or above the county level may, on an emergency basis, carry out relevant supervisory and inspection activities.
The State Administration for Market Regulation may, as required by its work, entrust provincial-level market regulation authorities to conduct supervisory inspections.
Article 18: Market supervision and administration departments at or above the provincial level may, as required by their work, periodically organize proficiency testing for inspection and testing institutions and publicly disclose the results of such testing.
Testing and inspection bodies shall participate in the proficiency testing activities specified in the preceding paragraph as required.
Article 19: Provincial market supervision and administration authorities may, based on risk levels, proficiency testing and supervisory inspection results, as well as complaint and report information, implement categorized supervision over inspection and testing institutions within their administrative jurisdictions.
Article 20. The market supervision and administration authorities may, in accordance with the law, exercise the following powers:
(1) Conduct on-site inspections of inspection and testing institutions;
(2) To inquire of and investigate relevant circumstances with, or to verify relevant inspection and testing activities conducted by, inspection and testing institutions, clients, and other relevant entities and personnel;
(3) Inspect and duplicate relevant original inspection and testing records, reports, invoices, ledgers, and other related materials;
(4) Other powers and functions prescribed by laws and administrative regulations.
Inspection and testing institutions shall conduct self-inspections and self-corrections, carry out inspection and testing activities in accordance with the law, and actively cooperate with the supervisory and inspection efforts undertaken by the market supervision and administration authorities.
Article 21: Market supervision and administration departments at or above the county level shall, on a regular basis, report upward through the hierarchical system information such as the annual inspection and supervision results of inspection and testing institutions, and shall notify the market supervision and administration departments that granted accreditation to these institutions as well as the relevant industry authorities at the same level of any cases in which illegal acts by such institutions have been investigated and dealt with.
Article 22: Market supervision and administration departments at or above the county level shall, in accordance with the law, make public the results of supervisory inspections and include information on administrative penalties imposed on inspection and testing institutions in platforms such as the National Enterprise Credit Information Publicity System.
Article 23 Any organization or individual shall have the right to report to the market supervision and administration authorities at or above the county level any conduct by inspection and testing institutions that violates the provisions of these Measures.
Article 24: Where market supervision and administration departments at or above the county level find that an inspection and testing institution has engaged in conduct that does not comply with the provisions of these Measures but does not warrant administrative or criminal liability, they may adopt non-coercive measures such as persuasion and education, or reminders and corrective actions to address the situation.
Article 25 Where a inspection and testing institution falls under any of the following circumstances, the market supervision and administration department at or above the county level shall order it to make corrections within a specified time limit; if it fails to make such corrections within the prescribed time limit or, after making corrections, still fails to meet the requirements, it shall be imposed a fine of no more than RMB 30,000:
(1) Conducting inspection and testing in violation of Paragraph 1 of Article 8 of these Measures;
(2) Subcontracting inspection and testing items in violation of Article 10 of these Measures, or failing to make the required notation where such notation is mandated;
(3) In violation of Paragraph 1 of Article 11 of these Measures, the inspection and testing report is not affixed with the official seal or the dedicated seal for inspection and testing of the inspection and testing institution, or is issued by an unauthorized signatory, or is issued by an authorized signatory who exceeds the scope of their technical competence.
Article 26 Where a inspection and testing institution falls under any of the following circumstances, if laws and regulations provide for administrative penalties such as revocation, suspension, or cancellation of its inspection and testing qualifications or certificates, such penalties shall be imposed in accordance with the provisions of the relevant laws and regulations; where no such provisions exist, the market supervision and administration department at or above the county level shall order the institution to make corrections within a specified time limit and impose a fine of RMB 30,000:
(1) Issuing false inspection and testing reports in violation of Article 13 of these Measures;
(2) Issuing false inspection and testing reports in violation of Article 14 of these Measures.
Article 27: Staff members of the market supervision and administration authorities who neglect their duties, abuse their powers, or engage in corruption and malpractice shall be dealt with in accordance with the law; where their conduct is suspected of constituting a crime and criminal liability should be pursued in accordance with the law, the case shall be referred to the public security organs in accordance with relevant provisions.
Article 28 This Measures shall come into force on June 1, 2021.
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