REGULATIONS FOR THE IMPLEMENTATION OF THE STANDARDIZATION LAW OFTHE PEOPLE'S REPUBLIC OF CHINA
REGULATIONS FOR THE IMPLEMENTATION OF THE STANDARDIZATION LAW OFTHE PEOPLE'S REPUBLIC OF CHINA
This English document is coming from the "LAWS AND REGULATIONS OF THE
PEOPLE'S REPUBLIC OF CHINA GOVERNING FOREIGN-RELATED MATTERS" (1991.7)
which is compiled by the Brueau of Legislative Affairs of the State
Council of the People's Republic of China, and is published by the China
Legal System Publishing House.
In case of discrepancy, the original version in Chinese shall prevail.
Whole Document
REGULATIONS FOR THE IMPLEMENTATION OF THE STANDARDIZATION LAW OF
THE PEOPLE'S REPUBLIC OF CHINA
(Promulgated by Decree No. 53 of the State Council of the People's
Republic of China on April 6, 1990 and effective as of the date of
promulgation)
Chapter I General Provisions
Article 1
These Regulations are formulated in accordance with the provisions of the
Standardization Law of the People's Republic of China (hereinafter
referred to as the Standardization Law).
Article 2
Standards should be formulated for the following technical requirements
that need to be unified:
(1) varieties, specifications, quality and grades of industrial products
or requirements pertinent to safety and hygiene;
(2) methods for design, production, experimentation, examination, packing,
storage, transportation and utilization of industrial products or
requirements pertinent to safety and hygiene in the course of production,
storage and transportation;
(3) various technical requirements and methods for examination concerning
environmental protection;
(4) technical requirements and methods for surveying, designing,
construction and examination and acceptance in building projects;
(5) technical terms, symbols, codes, drafting methods and requirements for
conversion and coordination concerning industrial production, project
construction and environmental protection;
(6) varieties, specifications, quality, grades, examination, packing,
storage, transportation and requirements for production technology and
management expertise concerning agricultural products (including seeds,
seedlings, breeding stock and breeding poultry and those in forestry,
animal husbandry and fishery; the same below);
(7) technical requirements concerning information, energy, resources, and
transport.
Article 3
The State develops standardization undertakings in a planned way.
Standardization work should be included in the plans for national economic
and social development at the various levels.
Article 4
The State encourages the adoption of international standards and advanced
standards abroad and takes an active part in the formulation of
international standards.
Chapter II Administration of Standardization Work
Article 5
The task for those who are in charge of standardization work is:
formulating standards, organizing the implementation of standards and
exercising supervision over the implementation of standards.
Article 6
The competent department in charge of standardization under the State
Council exercises unified leadership over the standardization work
throughout the country, and it performs the following duties:
(1) organizing the implementation of the State's laws, regulations,
policies and measures concerning standardization;
(2) organizing the formulation of programmes and plans concerning
standardization work in the whole country;
(3) organizing the formulation of national standards;
(4) providing guidance to the relevant competent departments under the
State Council and administrative departments for standardization work in
the people's governments in the provinces, autonomous regions and the
municipalities directly under the Central Government in their
standardization work, and coordinating work in this field and dealing with
problems arising therein;
(5) organizing the implementation of standards;
(6) conducting supervision over and inspection on the implementation of
standards;
(7) exercising unified leadership over attestation of product quality in
the whole country;
(8) taking overall responsibility for professional contacts with the
relevant international standardization organizations.
Article 7
The relevant competent departments under the State Council are responsible
for the standardization work in their own departments or trades. They
shall perform the following duties:
(1) implementing the State's laws, regulations, policies and measures
concerning standardization work and formulating specific procedures for
their implementation in their departments and trades;
(2) formulating programmes and plans concerning standardization work in
their departments and trades;
(3) undertaking tasks assigned by the State of drafting state standards
and organizing the formulation of the standards in their respective
trades;
(4) providing guidance to the relevant competent authorities in the
provinces, autonomous regions and municipalities directly under the
Central Government in their standardization work;
(5) organizing the implementation of the standards in their departments
and trades;
(6) conducting supervision over and inspection on the implementation of
standards;
(7) taking charge of attestation of product quality in their own trades on
the authorization from the competent department in charge of
standardization under the State Council.
Article 8
The administrative departments for standardization in the people's
governments in the provinces, autonomous regions and municipalities
directly under the Central Government exercise unified leadership over
standardization work in their respective administrative regions, and shall
perform the following duties:
(1) implementing the State's laws, regulations, policies and measures
concerning standardization work and formulating specific procedures for
their implementation in their respective administrative regions;
(2) formulating local programmes and plans concerning standardization
work;
(3) organizing the formulation of local standards;
(4) providing guidance to the relevant administrative authorities in their
own administrative regions in their standardization work, and coordinating
work in this field and dealing with problems arising therein;
(5) organizing the implementation of the standards in their respective
administrative regions;
(6) conducting supervision over and inspection on the implementation of
the standards.
Article 9
The relevant competent administrative authorities in the provinces,
autonomous regions and municipalities directly under the Central
Government are responsible for the standardization work in their own
departments and trades in the respective administrative regions, and shall
perform the following duties:
(1) implementing the laws, regulations, policies and measures concerning
standardization work formulated by the State and their respective
departments, trades and administrative regions and formulating specific
procedures for their implementation;
(2) formulating programmes and plans concerning standardization work for
their own departments and trades in the respective administrative regions;
(3) undertaking the tasks of drafting local standards assigned by the
people's governments in the provinces, autonomous regions and
municipalities directly under the Central Government;
(4) organizing the implementation of the standards in their own
departments and trades in the respective administrative regions;
(5) conducting supervision over and inspection on the implementation of
the standards.
Article 10
The division of the duties of the administrative departments in charge of
standardization and the relevant competent administrative authorities in
municipalities and counties shall be stipulated by the people's
governments in the provinces, autonomous regions and municipalities
directly under the Central Government.
Chapter III The Formulation of Standards
Article 11
National standards (including making sample standards) should be
formulated for the following technical requirements that need to be
unified throughout the country:
(1) requirements for standardizing commonly used technical terms;
(2) technical requirements for guaranteeing human health and personal and
property safety;
(3) technical requirements for essential raw materials, fuels and
processed materials;
(4) technical requirements for commonly used basic spare parts;
(5) commonly used methods of experimentation and examination;
(6) technical requirements for commonly used management expertise;
(7) important technical requirements in project construction;
(8) technical requirements for the other important products that must be
controlled by the State.
Article 12
In formulating national standards, the administrative department in charge
of standardization under the State Council shall be responsible for making
plans, organizing drafting, examination and approval, numbering and
promulgation. In formulating national standards for project construction,
pharmaceuticals, food hygiene, veterinary medicine and environmental
protection, the competent departments in charge of project construction,
public health, agriculture and environmental protection under the State
Council shall be responsible for organizing drafting and examination and
approval in their respective departments. The procedures for numbering and
promulgation shall be formulated by the administrative department in
charge of standardization under the State Council in conjunction with the
relevant competent departments under the State Council.
Where there are, in law, provisions different from those above for the
formulation of national standards, those provisions in law shall prevail.
Article 13
If there are no national standards for those technical requirements which
need to be standardized for certain trades throughout the country, trade
standards (including the making of sample standards) may be formulated.
Items of trade standards to be formulated shall be determined by the
relevant competent administrative departments under the State Council.
Article 14
In formulating trade standards, the relevant competent administrative
departments under the State Council shall be responsible for drawing up
plans, organizing drafting, examination and approval, numbering and
promulgation and they should report to the administrative department in
charge of standardization under the State Council for the record.
Trade standards shall be null and void automatically after the
corresponding national standards have taken effect.
Article 15
Local standards may be formulated for the safety and sanitation
requirements for industrial goods which need to be unified in the
provinces, autonomous regions and municipalities directly under the
Central Government, in the absence of national standards or trade
standards for them. Items of local standards to be formulated shall be
determined by the administrative departments for standardization of the
people's governments in the provinces, autonomous regions and
municipalities directly under the Central Government.
Article 16
In formulating local standards, the administrative departments for
standardization of the people's governments in the provinces, autonomous
regions and municipalities directly under the Central Government shall be
responsible for drawing up plans, organizing drafting, examination and
approval, numbering and promulgation, and they should report to the
administrative department in charge of standardization under the State
Council and the relevant competent departments under the Council for the
record. Where there are, in law, provisions different from those above
for the formulation of local standards, those provisions in law shall
prevail.
Local standards shall be null and void automatically after the
corresponding national standards or trade standards go into effect.
Article 17
In the absence of national standards, trade standards and local standards
for certain products, the enterprises producing such products shall
formulate their own standards as the basis for organizing production.
Enterprise standards shall be formulated by the relevant enterprises
themselves (procedures for formulating standards for agricultural
enterprises shall be provided for separately), and shall be filed for the
record in accordance with the provisions of the people's governments in
the provinces, autonomous regions and municipalities directly under the
Central Government.
Where there are already national standards, trade standards and local
standards, enterprises should be encouraged to formulate enterprise
standards which are stricter than the corresponding national, trade or
local standards and apply them within their enterprises.
Article 18
National standards and trade standards are divided into compulsory
standards and recommendatory standards.
The following standards belong in the compulsory category:
(1) standards for pharmaceuticals, food hygiene and veterinary medicine;
(2) safety and hygiene standards for products and the production, storage
and transportation and utilization of products; standards for the safety
of labour and hygiene standards and safety standards for transportation;
(3) quality, safety and sanitation standards for project construction and
other standards for project construction that must be controlled by the
State;
(4) standards for the discharge of pollutants concerning environmental
protection and standards for environmental quality;
(5) important technical terms, symbols, codes and drafting methods in
common use;
(6) standards for commonly used methods of experimentation and
examination;
(7) standards for conversion and coordination;
(8) quality standards for the important products which need to be
controlled by the State. The catalogue of the important products which
need to be controlled by the State shall be fixed by the administrative
department for standardization under the State Council in conjunction with
the relevant competent administrative departments under the State Council.
Those standards which are not compulsory are recommendatory standards.
The local standards for safety and hygiene requirements for industrial
products formulated by the administrative departments in charge of
standardization of the people's governments in the provinces, autonomous
regions and municipalities directly under the Central Government are
compulsory standards in their respective administrative regions.
Article 19
Trade associations, research institutions for science and technology, and
academic organizations should be given a role to play in formulating
standards. The departments responsible for formulating national, trade
and local standards should set up standardization technical committees
consisting of experts from users, production units, trade associations,
research institutions for science and technology, academic organizations
and the departments concerned, which shall be responsible for drafting
standards and examining the technical aspects of the drafts. Where
standardization technical committees have not been set up, the units
charged with specific responsibility for standardization technology may
take charge of drafting standards and examining the technical aspects of
the drafts.
It is necessary to heed fully the opinions of the users and research
institutions for science and technology in formulating enterprise
standards.
Article 20
After standards go into effect, the departments which formulated the
standards shall carry out timely reexaminations in light of the
development of science and technology and the needs of economic
construction. Normally, reexamination should be conducted every five
years, at the longest.
Article 21
The procedures of coding and numbering for national, trade and local
standards shall be provided for by the administrative department in charge
of standardization under the State Council.
The procedures of coding and numbering for enterprise standards shall be
provided for by the administrative department in charge of standardization
under the State Council in conjunction with the relevant competent
administrative departments under the State Council.
Article 22
The procedures of publication and distribution of standards shall be
stipulated by the departments which have formulated the standards.
Chapter IV Implementation and Supervision Concerning Standards
Article 23
Any units and individuals that are engaged in scientific research,
production and operation must strictly implement compulsory standards. The
products which do not measure up to compulsory standards may not be
allowed to be produced, marketed or imported.
Article 24
Enterprises may go by the national, trade and local standards or
enterprise standards in production. The codes, serial numbers and names of
the standards should be marked on their products, or written in the
technical manuals or on the packages.
Article 25
The technical requirements for export products shall be agreed upon by the
two contracting parties.
When those export products which should be subject to compulsory standards
of China are sold at domestic markets, they must meet the requirements of
the relevant compulsory standards.
Article 26
Enterprises should meet standardization requirements in developing new
products, improving products or carrying out technical innovations.
Article 27
The administrative department in charge of standardization under the State
Council organizes or authorizes the relevant competent departments under
the State Council to set up trade attestation agencies for carrying out
product quality attestation.
Article 28
The administrative department in charge of standardization under the State
Council shall be responsible for the supervision over the implementation
of standards throughout the country. The relevant administrative
departments under the State Council shall be responsible for the
supervision over the implementation of the standards in their respective
departments and trades.
The administration departments for standardization in the provinces,
autonomous regions and municipalities directly under the Central
Government shall be responsible for the supervision over the
implementation of the standards in their respective administrative areas.
The relevant administrative authorities in the people's governments in the
provinces, autonomous regions and municipalities directly under the
Central Government shall be responsible for the supervision over the
implementation of the standards in their departments and trades in the
respective administrative areas.
The administrative departments for standardization and the relevant
administrative authorities in municipalities and counties shall be
responsible for the supervision over the implementation of the standards
in their respective administrative areas according to the duties assigned
to them by the people's governments of the provinces, autonomous regions
and municipalities directly under the Central Government.
Article 29
The administrative departments in charge of standardization in the
people's governments above county level may, according to their needs, set
up examination agencies or authorize the examination agencies of other
units to ensure products are up to the standards and undertake other tasks
of supervision and examination concerning the implementation of standards
in setting up examination agencies, attention should be paid to a rational
geographical allocation and making full use of the available personnel and
facilities.
The establishment of state examination agencies shall be planned and
examined by the administrative department in charge of standardization
under the State Council in conjunction with the relevant administrative
departments under the State Council. The establishment of local
examination agencies shall be planned and examined by the administrative
departments in charge of standardization in the people's governments of
the provinces, autonomous regions and municipalities directly under the
Central Government in conjunction with the relevant administrative
authorities at provincial level. The data provided by the examination
agencies stipulated in this Article shall be taken as the criterion in
solving disputes over whether certain products are up to the relevant
standards.
Article 30
The relevant administrative departments under the State Council may,
according to the needs and relevant stipulations of the State, set up
examination agencies to undertake the examination tasks in their trades
and departments.
Article 31
State organs, social organizations, enterprises, institutions and citizens
all have the right to inform against and expose acts of violating
compulsory standards.
Chapter V Legal Liability
Article 32
Those who violates the Standardization Law and the relevant provisions of
these Regulations in one of the following circumstances shall be ordered
to correct their mistakes within a set time-limit by the administrative
departments in charge of standardization or the relevant administrative
authorities within their respective competence, which may also circulate
notices of criticism or give administrative sanctions to the persons held
responsible for the violations:
(1) enterprises fail to formulate standards as the basis for organizing
production according to the relevant stipulations;
(2) enterprises fail to report standards for products to higher
authorities for the record according to the relevant stipulations;
(3) enterprises fail to put marks on their products according to the
relevant stipulations or put marks other than their own on their products;
(4) enterprises fail to meet standardization requirements in developing
new products, improving products and carrying out technical innovations;
(5) provisions concerning relevant compulsory standards are violated in
scientific. research, designing and production.
Article 33
Enterprises that produce products which fail to meet compulsory standards
shall be ordered to stop production and their products shall be
confiscated, destroyed under supervision or subjected to necessary
technical treatment. A fine ranging from 20% to 50% of the total value of
the goods shall be imposed on the enterprises and a fine of 5,000 yuan or
less on the persons held responsible.
Those who sell goods which are not up to the compulsory standards should
be ordered to stop their sales and recover the goods which have already
been sold within a set time-limit. All the goods should be destroyed under
supervision or subjected to necessary technical treatment. The illegal
gains shall be confiscated and a fine ranging from 10% to 20% of the total
value of the goods shall be imposed on the units and a fine of 5,000 yuan
or less on the persons held responsible.
If any units import goods which are not up to compulsory standards, the
goods should be sealed up for safekeeping and confiscated, destroyed under
supervision or subjected to necessary technical treatment. A fine ranging
from 20% to 50% of the total value of the imported goods shall be imposed
on the units; administrative sanctions shall be given to and a fine of
5,000 yuan or less may also be imposed on the persons held responsible.
The order to stop production and the administrative sanctions provided for
in this Article shall be decided by the relevant administrative
authorities. Other administrative sanctions shall be decided by the
administrative departments for standardization and the administrative
departments in charge of industry and commerce within their competence.
Article 34
Where units cause serious consequences and commit crimes by producing,
marketing and importing products which fall short of the compulsory
standards, the persons directly responsible shall be investigated for
criminal liabilities by the judicial organs according to law.
Article 35
Where products which have obtained attestation certificates and are sold
with attestation marks are not up to the attestation standards, the
administrative departments in charge of standardization shall order the
relevant units to stop their sales and impose a fine twice the amount of
the illegal gains or less. In more serious cases, the attestation
departments shall revoke their attestation certificates.
Article 36
If any units sell their goods with attestation marks when the goods have
not been attested or have been rejected in attestation, the administrative
departments in charge of standardization shall order them to stop their
sales and impose a fine three times the amount of the illegal gains or
less on these units and a fine of 5,000 yuan or less on the persons in
charge of these units.
Article 37
Litigants that disagree with penalties of confiscation of goods and
illegal gains and fines, may, within 15 days of receipt of notification of
such penalties, apply for reconsideration to the organs immediately
superior to the authorities which have meted out the penalties. A litigant
that disagrees with a reconsideration decision, may, within 15 days of
receipt of the reconsideration decision, file a suit with a people's
court. A litigant may also directly file a suit with a people's court
within 15 days of receipt of notification of the penalties. If a litigant
neither applies for a reconsideration nor files a suit with a people's
court nor performs the penalty decision, the department which has made the
decision shall apply to the people's court for mandatory enforcement.
Article 38
The penalties provided for in Articles 32 to 36 of these Regulations shall
not exempt the litigant from the damages liabilities arising therefrom.
Those who have suffered damages have the right to claim compensation from
the persons held responsible. Damages liabilities and disputes over the
amounts of compensation may be dealt with by the relevant administrative
authorities and the litigants may also directly file a suite with a
people's court.
Article 39
Persons in charge of supervision, examination and administration of
standardization work that commit one of the following acts shall be given
administrative sanctions by the relevant competent authorities; if crimes
result from those acts, they shall be investigated for criminal
liabilities by the judicial organs according to law:
(1) making errors that cause damage in violation of certain provisions of
these Regulations;
(2) forging and tampering with examination data;
(3) engaging in self-seeking misconduct, abusing power and asking for and
accepting bribes.
Article 40
All the revenue derived from confiscation and pecuniary penalties shall be
turned over to the state treasury. The fines imposed on units must all be
paid from their own funds and may not be included in the cost. The fines
imposed on the persons held responsible may not be reimbursed with public
money.
Chapter VI Supplementary Provisions
Article 41
Regulations concerning standardization administration applicable in the
Army shall be separately formulated by the State Council and the Military
Commission of the Central Committee of the Communist Party of China.
Article 42
Regulations concerning standardization administration for project
construction shall be separately formulated by the competent department in
charge of project construction under the State Council in accordance with
the Standardization Law and the relevant provisions of these Regulations.
They shall go into effect after the approval by the State Council.
Article 43
These Regulations shall be interpreted by the State Bureau of Technology
Supervision.
Article 44
These Regulations shall go into effect as of the date of promulgation.
the
technical manuals or on the packages.
Article 25
The technical requirements for export products shall be agreed upon by the
two contracting parties.
When those export products which should be subject to compulsory standards
of China are sold at domestic markets, they must meet the requirements of
the relevant compulsory standards.
Article 26
Enterprises should meet standardization requirements in developing new
products, improving products or carrying out technical innovations.
Article 27
The administrative department in charge of standardization under the State
Council organizes or authorizes the relevant competent departments under
the State Council to set up trade attestation agencies for carrying out
product quality attestation.
Article 28
The administrative department in charge of standardization under the State
Council shall be responsible for the supervision over the implementation
of standards throughout the country. The relevant administrative
departments under the State Council shall be responsible for the
supervision over the implementation of the standards in their respective
departments and trades.
The administration departments for standardization in the provinces,
autonomous regions and municipalities directly under the Central
Government shall be responsible for the supervision over the
implementation of the standards in their respective administrative areas.
The relevant administrative authorities in the people's governments in the
provinces, autonomous regions and municipalities directly under the
Central Government shall be responsible for the supervision over the
implementation of the standards in their departments and trades in the
respective administrative areas.
The administrative departments for standardization and the relevant
administrative authorities in municipalities and counties shall be
responsible for the supervision over the implementation of the standards
in their respective administrative areas according to the duties assigned
to them by the people's governments of the provinces, autonomous regions
and municipalities directly under the Central Government.
Article 29
The administrative departments in charge of standardization in the
people's governments above county level may, according to their needs, set
up examination agencies or authorize the examination agencies of other
units to ensure products are up to the standards and undertake other tasks
of supervision and examination concerning the implementation of standards
in setting up examination agencies, attention should be paid to a rational
geographical allocation and making full use of the available personnel and
facilities.
The establishment of state examination agencies shall be planned and
examined by the administrative department in charge of standardization
under the State Council in conjunction with the relevant administrative
departments under the State Council. The establishment of local
examination agencies shall be planned and examined by the administrative
departments in charge of standardization in the people's governments of
the provinces, autonomous regions and municipalities directly under the
Central Government in conjunction with the relevant administrative
authorities at provincial level. The data provided by the examination
agencies stipulated in this Article shall be taken as the criterion in
solving disputes over whether certain products are up to the relevant
standards.
Article 30
The relevant administrative departments under the State Council may,
according to the needs and relevant stipulations of the State, set up
examination agencies to undertake the examination tasks in their trades
and departments.
Article 31
State organs, social organizations, enterprises, institutions and citizens
all have the right to inform against and expose acts of violating
compulsory standards.
Chapter V Legal Liability
Article 32
Those who violates the Standardization Law and the relevant provisions of
these Regulations in one of the following circumstances shall be ordered
to correct their mistakes within a set time-limit by the administrative
departments in charge of standardization or the relevant administrative
authorities within their respective competence, which may also circulate
notices of criticism or give administrative sanctions to the persons held
responsible for the violations:
(1) enterprises fail to formulate standards as the basis for organizing
production according to the relevant stipulations;
(2) enterprises fail to report standards for products to higher
authorities for the record according to the relevant stipulations;
(3) enterprises fail to put marks on their products according to the
relevant stipulations or put marks other than their own on their products;
(4) enterprises fail to meet standardization requirements in developing
new products, improving products and carrying out technical innovations;
(5) provisions concerning relevant compulsory standards are violated in
scientific. research, designing and production.
Article 33
Enterprises that produce products which fail to meet compulsory standards
shall be ordered to stop production and their products shall be
confiscated, destroyed under supervision or subjected to necessary
technical treatment. A fine ranging from 20% to 50% of the total value of
the goods shall be imposed on the enterprises and a fine of 5,000 yuan or
less on the persons held responsible.
Those who sell goods which are not up to the compulsory standards should
be ordered to stop their sales and recover the goods which have already
been sold within a set time-limit. All the goods should be destroyed under
supervision or subjected to necessary technical treatment. The illegal
gains shall be confiscated and a fine ranging from 10% to 20% of the total
value of the goods shall be imposed on the units and a fine of 5,000 yuan
or less on the persons held responsible.
If any units import goods which are not up to compulsory standards, the
goods should be sealed up for safekeeping and confiscated, destroyed under
supervision or subjected to necessary technical treatment. A fine ranging
from 20% to 50% of the total value of the imported goods shall be imposed
on the units; administrative sanctions shall be given to and a fine of
5,000 yuan or less may also be imposed on the persons held responsible.
The order to stop production and the administrative sanctions provided for
in this Article shall be decided by the relevant administrative
authorities. Other administrative sanctions shall be decided by the
administrative departments for standardization and the administrative
departments in charge of industry and commerce within their competence.
Article 34
Where units cause serious consequences and commit crimes by producing,
marketing and importing products which fall short of the compulsory
standards, the persons directly responsible shall be investigated for
criminal liabilities by the judicial organs according to law.
Article 35
Where products which have obtained attestation certificates and are sold
with attestation marks are not up to the attestation standards, the
administrative departments in charge of standardization shall order the
relevant units to stop their sales and impose a fine twice the amount of
the illegal gains or less. In more serious cases, the attestation
departments shall revoke their attestation certificates.
Article 36
If any units sell their goods with attestation marks when the goods have
not been attested or have been rejected in attestation, the administrative
departments in charge of standardization shall order them to stop their
sales and impose a fine three times the amount of the illegal gains or
less on these units and a fine of 5,000 yuan or less on the persons in
charge of these units.
Article 37
Litigants that disagree with penalties of confiscation of goods and
illegal gains and fines, may, within 15 days of receipt of notification of
such penalties, apply for reconsideration to the organs immediately
superior to the authorities which have meted out the penalties. A litigant
that disagrees with a reconsideration decision, may, within 15 days of
receipt of the reconsideration decision, file a suit with a people's
court. A litigant may also directly file a suit with a people's court
within 15 days of receipt of notification of the penalties. If a litigant
neither applies for a reconsideration nor files a suit with a people's
court nor performs the penalty decision, the department which has made the
decision shall apply to the people's court for mandatory enforcement.
Article 38
The penalties provided for in Articles 32 to 36 of these Regulations shall
not exempt the litigant from the damages liabilities arising therefrom.
Those who have suffered damages have the right to claim compensation from
the persons held responsible. Damages liabilities and disputes over the
amounts of compensation may be dealt with by the relevant administrative
authorities and the litigants may also directly file a suite with a
people's court.
Article 39
Persons in charge of supervision, examination and administration of
standardization work that commit one of the following acts shall be given
administrative sanctions by the relevant competent authorities; if crimes
result from those acts, they shall be investigated for criminal
liabilities by the judicial organs according to law:
(1) making errors that cause damage in violation of certain provisions of
these Regulations;
(2) forging and tampering with examination data;
(3) engaging in self-seeking misconduct, abusing power and asking for and
accepting bribes.
Article 40
All the revenue derived from confiscation and pecuniary penalties shall be
turned over to the state treasury. The fines imposed on units must all be
paid from their own funds and may not be included in the cost. The fines
imposed on the persons held responsible may not be reimbursed with public
money.
Chapter VI Supplementary Provisions
Article 41
Regulations concerning standardization administration applicable in the
Army shall be separately formulated by the State Council and the Military
Commission of the Central Committee of the Communist Party of China.
Article 42
Regulations concerning standardization administration for project
construction shall be separately formulated by the competent department in
charge of project construction under the State Council in accordance with
the Standardization Law and the relevant provisions of these Regulations.
They shall go into effect after the approval by the State Council.
Article 43
These Regulations shall be interpreted by the State Bureau of Technology
Supervision.
Article 44
These Regulations shall go into effect as of the date of promulgation.
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