Compulsory Certification Management Rules

(Announcement No. 5, 2005 by P.R.C. AQSIQ)

Chapter 1 General rules
Clause 1 To perfect and standardize the work of compulsory product certification, protect national/social/public rights faithfully, we set up this regulation accord to laws and regulations of national product safety quality accreditation and product quality certification, and function of AQSIQ and CNCA which granted by the State Council.
Clause 2 Our country carries out compulsory certification regulation for the product which concern the human beings healthy and safety/animals and plants lives and healthy /environment conservation and public safety.
Clause 3 CNCA is in charge of national certification and accreditation accord to the State Council authorization.
Clause 4 China issued uniform <Product Catalog of People's Republic of China Compulsory Certification>(hereafter referred to <Catalog>(http://china-ccc-certification.com/ccc-catalogue.asp) as abbreviated) for compulsory certification, confirming uniform national standard, technique rules and implementation procedure, setting up and issuing uniform mark, regulating uniform charge standard.
Clause 5 All Products listed in <Catalog> should pass the certification of national designated certification institute, acquiring the certificate which awarded by designated certification institute and tag certification mark before leaving the factory and be sold, import and using in business activities.
Chapter 2 Organization Management of Compulsory Product Certification
Clause 6 AQSIQ set up China compulsory product certification rules and systems accord to national related laws and regulations; giving approval and issuing <Catalog>.
Clause 7 CNCA take charge of China compulsory product certification systems management and organization implementation, performing following duties:
Carrying out supervision and management for the China certification and accreditation, coordinating important event of related certification and accreditation.
Study out and adjust the <Catalog>, and co-issue the <Catalog> with AQSIQ.
Set and issue product certification implementation rules which listed in the <Catalog>.
Confirming adapted product certification mode which listed in the <Catalog>.
Setting up and issuing certification mark;
Set up pattern and format of certification certificate;
Appointing certification institute and inspection institute, audit institute which provide service to it to undertake inspection and audit in compulsory production certification and certification activities.
Announcing name list and work scope of designated certification institute and inspection institute, audit institute which provide service to it.
Announcing name list of certificated products and theirs enterprises;
Examine and approve specific purposes products for exemption from compulsory certification;
Guide local quality inspection administration to check and punish lawless practices in compulsory production certification;
Manage the complaint/appeal of compulsory product certification, organize check/punishment important lawless practices;
Guiding/managing important event in the related compulsory product certification.
Clause 8 Local quality inspection administration take charge of following duties:
Carrying out supervision of regional products listed in <Catalog> according to legal responsibility;
Check/Punish lawless practices of compulsory product certification;
Clause 9 Designated certification institute duties:
Carrying out certification work within designated work scope according to product certification implementation rules;
Awarding certificates to certificated products;
Carrying out tracking inspection on certificated product;
Managing related complaint/appeal of certification;
Stopping canceling and recalling certificates legally.
Chapter 3 Enforcement of compulsory product certification regulations
Clause 10 Following one or several certification modes adapt to products listed in <Catalog>, detail include in:
Design appraisal;
Type test;
Sampling test or inspect at manufacture site;
Market sampling test or inspection;
Audit of enterprise quality assurance system;
Follow up inspection of certificated product.
Confirmation of product certification mode is according to multi-factors such as product function, harmful what may be influence on human healthy/environment/public safety and etc, product life-cycle and etc, and should base on the principle of science and convenience.
Concrete product certification type is regulated in certification implementation rules.
Clause 11 Certification implementation rules for products listed in <Catalog> include in following basic content:
Applicable product scope;
National standard and technique specification of related applicable product;
Certification mode and corresponding product kind and standard;
Rules or regulations of applying for units division;
Requirements of sampling and sample submitting;
Confirmed requirements of key components (if necessary);
Related requirements such as test standard, inspection rules and etc.
Specific requirements of factory inspection (if necessary);
Specific requirements of tracking inspection;
Concrete requirements of tagging certification mark on applicable product;
Other rules.
Clause 12 Certification procedures of products listed in <Catalog> include all or one part of following phases:
Certification application and accepting;
Type test;
Factory inspection;
Sampling test;
Certification result assessment and approval;
Supervision after certificated.
Clause 13 Producer, seller and importer of products listed in <catalog> can be as applicant, submitting certification application of product listed in <Catalog> to designated certification institute.
Clause 14 Applicant should abide by following rules when apply for certification for product listed in <Catalog>:
Submitting certification application letter, necessary technique documents and sample to designated certification institute according to certification implementation rules of product listed in <Catalog>.
When applicant is seller or importer, who should submit related contract copy between seller and producer or importer and producer to designated certification institute.
Applicant who entrust other person to apply for certification of product listed in <Catalog> should make contract with consignee about certification, test, inspect and tracking inspection and etc, consignee should submit authorized letter, commission contract copy and other related contract copy to designated certification institute.
Pay certification charge according to national rules.
Clause 15 Designated certification institute take charge of accepting applicant's certification application, arranging type test, factory inspection and sampling test and etc according certification implementation rules, making certification decision, awarding certificates to certificated products.
Designated certification institute should make certification decision and inform applicant within 90 days since accepting application under general conditions.
Clause 16 Certificate is the proof document which certify the product listed in <Catalog> conforming to certification requirements and permitting it to use certification mark.
Certificate include following basic content:
Applicant;
Product name, type/model or series name;
Producer, production or fabrication site of product;
Certification mode;
Standard and technical specification of certification reference;
Certificate issue date and term of validity;
Certificate issue institute.
Clause 17 Certification mark name is China Compulsory Certification (abbreviation is 'CCC', and can be also named 'CCC' mark as abbreviated), certification mark(http://china-ccc-certification.com/china-CCC-mark-Application/index.htm) is proof mark means permit it to leave the factory and be sold, import and use.
Certificate holder should use certification mark according to certification mark management regulations.
Clause 18 Designated certification institute should carry out tracking inspection on certificated product and its production factory (site) according to concrete product certification implementation rules.
Clause 19 Designated certification institute should cancel certificate when one of following conditions occurs:
Applied national standard, technique specification or certification implementation regulations of product listed in <Catalogue> has been revised, but the certificate holder could not meet the above-mentioned update requirements;
Certificate exceeded term of validity, the certificate holder failed to apply for extension of using;
Certificated product is non-produce.
Certificate holder applies for cancel the certificate.
Clause 20 Designated certification institute should charge to stop using certificate when one of following conditions occurs:
Certificate holder failed to use certificate and certification mark according to regulations;
Certificate holder infringed certification implementation rules of product listed in <Catalog> and designated certification institute requirements;
Supervision result certifies that the product is not conform to certification implementation rules listed in <Catalog>, but it need not to cancel the certificate immediately.
Clause 21 Designated certification institute should cancel certificate when one of following conditions occurs:
Certificate holder had not adopted correction measures in the duration of stopping using certificate;
Supervision result certifies that the product has serious defect;
Certificated product is caused high quality accident because of its serious defect.
Clause 22 If applicant and certificate holder have exception with certification decision of designated certification institute, they can raise a complaint/appeal to the certification institute, and can raise an appeal to CNCA if still have exception with the re-work result.
Chapter 4 Compulsory product certification supervision and management
Clause 23 Designated certification institute and designated test institute, inspect institute which provide service to it should abide by following rules:
Accepting supervision and management under CNCA;
Carrying out certification, test and inspection of product listed in <Catalog> within designated scope according to the rules of national product quality certification laws and regulations.
Ensuring the certification result truthfully and undertaking corresponding legal liability.
Reporting certification information of product listed in <Catalog> to CNCA periodically.
Keeping business/technique secret of certification product, no occupying others scientific and technical outcome illegally;
If unauthorized, can not transferring authority of certification transaction /certification decision/ inspection;
No engaging in consultation and product developing within certification responsibility scope;
No signing the bilateral or multilateral contract about admitting certification, test and inspection results of product listed in <Catalog> mutually with other institutes or organizations.
No awarding certificate of product listed in <Catalog> according to foregoing contract;
Cooperating with local quality inspection administration to punish the behavior of violating certification laws/regulations/rules.
Setting up certification complaint/appeal system of product listed in <Catalog>, tackling dispute in certification of product listed in <Catalog> fairly within designated scope.
Clause 24 Producer, seller and importer of who obtained certification of products listed in <catalog> should abide by following rules:
Ensure to provide necessary condition for carry out certification;
Ensuring certificated product will meet related national standard and technique specification incessantly;
Ensuring the product listed in <Catalog> for sold and imported are certificated product;
Labeling certification mark on certificated product according to rules;
No misguiding consumers by means of certification/certificate mark;
No transferring and contraband of certification certificate/ mark or partial show/partial certificate copy.
Accepting supervision/inspection or tracking inspection of local quality inspection administration and designated certification institute.
Chapter 5 Penalty
Clause 25 If the certification of product listed in <Catalog> is not according to this rule, a fine below RMB30,000.00 will be imposed and charge it to carry out certification with time-limit.
Clause 26 Certificated product listed in <Catalog> is failed to use certification mark, charge to correct with time-limit; a fine below RMB10, 000.00 will be imposed on who has fallen behind with the correction.
Clause 27 Forgery, fraudulent use of certification certificate/mark and other behaviors of violating national related product safety/quality permit, product quality certification laws and regulations will be punished according to related laws and regulations.
Clause 28 Designated certification institute and designated test institute, inspection institute should undertake corresponding legal liability of issuing false proof or forgery related documents corresponding.
Clause 29 Administrative penalty that set in this chapter is carried out by local quality inspection administration department according to related rules of AQSIQ administrative case handle procedure.
Chapter 6 Supplementary Articles
Clause 30 Such as certification implementation rules(http://china-ccc-certification.com/Implementation-Rules/index.htm), certification mark concrete management system in this rule will be set up by CNCA additionally.
Clause 31 CNCA is responsible for the explain of this rule by the authorization of AQSIQ.
Clause 32 This rule will be implemented since May 1, 2002.