RULES FOR THE IMPLEMENTATION OF THE METROLOGY LAW OF THE PEOPLE'SREPUBLIC OF CHINA
RULES FOR THE IMPLEMENTATION OF THE METROLOGY LAW OF THE PEOPLE'SREPUBLIC OF CHINA
Important Notice:
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
RULES FOR THE IMPLEMENTATION OF THE METROLOGY LAW OF THE PEOPLE'S
REPUBLIC OF CHINA
(Approved by the State Council on January 19, 1987 and promulgated
by the State Measurement Bureau on February 1, 1987)
Chapter I General Provisions
Article 1
These Rules are formulated according to the provisions of the Metrology
Law of the People's Republic of China.
Article 2
A system of legal measures is implemented in the country. The procedures
for designating the names and symbols of legal measurement units and for
abolishing the non-legal measurement units shall be implemented according
to the relevant stipulations of the State Council concerning uniform
application of legal measures in our country.
Article 3
The State develops measurement facilities in a planned way and fits out
measurement agencies at various levels with modern technology and
equipment so that they may serve to promote China's socialist
modernizations, provide measurement guarantee for our industrial and
agricultural production, the building up of our national defence,
scientific experiments, domestic and foreign trade and the people's health
and safety, and protect the interests of the State and the people.
Chapter II Datum Instruments of Measurement and Standard Instru- ments of Measurement
Article 4
The following requirements must be met in using datum instruments of
measurement (hereinafter referred to as datum instruments):
(1) they must pass the appraisement of the State;
(2) there must be such environmental conditions as required for their
normal operations;
(3) there must be competent personnel in charge of their safekeeping,
maintenance and application;
(4) there must be a perfect system of administration.
Those units which meet the above-mentioned requirements can use datum
instruments only after they pass the examination and approval by the
Measurement Administration under the State Council and receive the
relevant certificate from it.
Article 5
No unit or individual shall dismantle or refit datum instruments or
suspend the work concerning measurement examination and determination
without the approval of the Measurement Administration under the State
Council.
Article 6
The measurement values of the datum instruments should be the same as
international measurement values. The Measurement Administration under the
State Council has the right to abolish those datum instruments which are
backward in technology or those instruments whose performance cannot meet
the present requirements.
Article 7
The following requirements must be met in using standard instruments of
measurement (hereinafter referred to as standard instruments):
(1) they must pass measurement examination and determination;
(2) there must be such environmental conditions as required for their
normal operations;
(3) there must be competent personnel in charge of their safekeeping,
maintenance and application;
(4) there must be a perfect system of administration.
Article 8
Public standard instruments function as notaries in exercising measurement
supervision in the society. In designating the public standard instruments
of the highest class in the local areas, the administrative departments
for measurement in the people's governments above the county level must
apply to the measurement departments immediately above its own level for
examination. The examination of public standard instruments of other
classes may be conducted under the direction of the administrative
departments for measurement of the local people's governments.
Those public standard instruments, which have proved up to the
requirements laid down in Article 7 of these Rules and obtained
certificates of examination, shall be used only after the relevant
certificates are issued after the examination and approval by the
administrative departments for measurement of the people's governments
above the county level.
Article 9
The standard instruments of the highest class in various fields should be
designated by the relevant competent departments under the State Council
and by those in the people's governments in the provinces, autonomous
regions and the municipalities directly under the Central Government.
These standard instruments must pass the examination by the administrative
department for measurement in the people's governments at the same level
and those instruments which meet the requirements provided for in Article
7 of these Rules and obtain certificates of examination may be used only
after the approval by the relevant competent departments.
Article 10
In designating various standard instruments of the highest class for their
own units, enterprises and institutions must apply for examination to the
administrative departments for measurement which are at the same levels as
their competent departments in the people's governments. Township
enterprises should apply for examination to the administrative departments
for measurement in the local people's governments at the county level.
Those instruments which meet the requirements provided for in Article 7 of
these Rules and obtain certificates of examination may be used by the
relevant enterprises and institutions, which should report to their
competent authorities for the record.
Chapter III Measurement Examination and Determination
Article 11
The units and individuals using standard instruments which have gone
through compulsory examination and determination should apply for periodic
examination and determination to the relevant administrative department
for measurement of the people's government which has been responsible for
examining the instruments.
The units and individuals using the working measurement instruments which
have gone through compulsory examination and determination should apply
for periodic examination and determination to the relevant measurement
examination and determination agencies designated by the administrative
departments for measurement of the local people's governments at the
county (municipality) level. If it cannot be done locally, it is necessary
to apply for periodic examination and determination to the measurement
examination and determination agencies designated by the next higher
administrative departments.
Article 12
Enterprises and institutions should equip themselves with the facilities
for checking and testing measurement instruments commensurate with their
needs in production, scientific research and management and business
operations, formulate specific procedures and regulations concerning
examination and determination, work out detailed catalogues of measurement
instruments of their units and fix the corresponding periods for
examination and determination, and ensure that their measurement
instruments which are not subject to compulsory examination and
determination are regularly checked and tested.
Article 13
The work of measurement examination and determination shall be conducted
on the principle of economy, rationality and geographical proximity, and
it should not be restricted by administrative divisions and departmental
jurisdiction.
Chapter IV Manufacture and Repair of Measurement Instruments
Article 14
Enterprises and institutions applying for Licences for Manufacturing
Measurement Instruments should pass the examination by the administrative
departments for measurement at the same levels with the competent
authorities of the people's governments in their localities. Township
enterprises should be examined by the administrative departments for
measurement of the local people's governments at the county level. Those
enterprises and institutions which have obtained Licences for
Manufacturing Measurement Instruments by passing the examination are
allowed to use the uniform marks stipulated by the State. Only then may
the relevant competent authorities approve of their production.
Article 15
Enterprises and institutions which do business in measurement instruments
repairs may apply for examination directly to the administrative
departments for measurement of the local people's governments at the
county (municipality) level in order to obtain the Licence for Repairing
Measurement Instruments. If it cannot be done locally, applications for
examination may be submitted to the administrative departments for
measurement of the people's governments at the next higher level. Only
those enterprises and institutions which have obtained Licence for
Repairing Measurement Instruments by passing the examination may be
allowed to use the uniform marks stipulated by the State and start
business operations.
Article 16
The individual industrial and commercial businesses which are engaged in
manufacturing or repairing measurement instruments must have regular
business premises. Those which want to apply for the Licence for
Manufacturing Measurement Instruments or the Licence for Repairing
Measurement Instruments may do so according to the procedures provided for
in Article 15 of these Rules. If they move to do business in other places,
they must send the original licence to the administrative department for
measurement of the local people's government where they have moved, for
verification and approval before they can apply for new business licences.
Article 17
The examination for enterprises, institutions or individual industrial and
commercial businesses which apply for the Licence for Manufacturing
Measurement Instruments and the Licence for Repairing Measurement
Instruments consists of the following items:
(1) production facilities;
(2) facilities for testing and determining products;
(3) technical levels of the workers and staff members;
(4) relevant technical documents and regulations and rules concerning
measurements.
Article 18
The product design of a new measurement instrument, which has never been
produced in the country, must be appraised before it can be manufactured.
When the product design has been finalized, it is necessary to go through
formalities of model approval and obtain the relevant certificate. New
products whose designs have been finalized in the country but have never
been produced by the producer must be tested and their prototypes be made.
A certificate of quality shall be issued after the test of prototype is
passed. Those measurement instruments which have not obtained model
approval or certificates of quality of their prototypes shall not be
allowed to be produced.
Article 19
The product design appraisement of a new measurement instrument shall be
conducted by the technical agency authorized by the measurement
administration under the State Council. Prototypes of the instrument shall
be tested by the technical agency authorized by the administrative
department for measurement of the local people's government at the
provincial level.
The models of new measurement instruments shall be approved by the
administrative departments for measurement of the local people's
governments at the provincial level. The models approved by such
departments can be used as nationally applicable models after they have
been finalized by the measurement administration under the State Council.
Article 20
The Units applying for model design appraisement for a new measurement
instrument and prototype testing should provide a prototype of the new
product, and the relevant technical documents and data.
The units responsible for the appraisement and testing must withhold
secret of the prototype, the technical documents and data provided by the
applicants.
Article 21
The various relevant competent authorities should strengthen control over
the quality of the measurement instruments manufactured and repaired by
the enterprises and institutions. The administrative departments for
measurement in the people's governments above the county level are
empowered to carry out supervision and inspection, including sampling and
supervised testing. The measurement instruments without stamps or
certificates of quality or those measurement instruments which have failed
to pass the examination and determination shall not be allowed to leave
the factories.
Chapter V Marketing and Use of Measurement Instruments
Article 22
Foreign businessmen selling measurement instruments in China must apply
for model approval to the measurement administration under the State
Council according to the provisions in Article 18 of these Rules.
Article 23
The administrative departments for measurement of the people's governments
above the county level exercise supervision and inspection over the
measurement instruments sold locally. The instruments without quality
stamps or certificates of quality or the marks of the Licence for
Manufacturing Measurement Instruments may not be marketed.
Article 24
No units or individuals may deal in rejected or defective spares and
components of measurement instruments or use them in assembling and
repairing measurement instruments.
Article 25
No units or individuals may use in their work the measurement instruments
without quality stamps or certificates of examination and determination or
those instruments which have exceeded the period of examination and
determination or those instruments which have been rejected in examination
and determination. This provision does not apply to the measurement
instruments used in teaching demonstration.
Chapter VI Measurement Supervision
Article 26
The responsibilities of the measurement administration under the State
Council and the administrative departments for measurement of the local
people's governments above the county level in the supervision over and
implementation of the laws and regulations concerning measurement are as
follows:
(1) carrying out the State policies, measures and regulations concerning
measurement and promoting the adoption of the State legal measurement
units;
(2) making and coordinating development plans for measurement
undertakings, designating datum instruments and public standard
instruments, organizing the transmission of measurement values;
(3) exercising supervision over the manufacturing, repairing, marketing
and using of measurement instruments;
(4) conducting measurement attestation, organizing arbitration over
examination and determination and mediating disputes over measurement;
(5) supervising and checking the implementation of measurement laws and
regulations, and dealing with violations of these laws and regulations in
accordance with the relevant provisions of these Rules.
Article 27
The measurement control personnel at the administrative departments for
measurement of the people's governments above the county level are
responsible for measurement supervision and administration. Measurement
inspectors are responsible for circuit checking in the prescribed areas
and places and may, within their stipulated authority, deal, on the spot,
with violations of measurement laws and regulations and mete out
administrative sanctions on the merit of each case.
Measurement inspectors must pass the examination supervised by the
administrative departments for measurement of the people's governments
above the county level, which shall appoint the inspectors and issue
relevant certificates.
Article 28
The agencies for measurement examination and determination set up
according to law by the administrative departments for measurement of the
people's governments above the county level are legal agencies of the
State. Their responsibilities are: designating datum instruments and
public standard instruments, conducting transmission of measurement
values, carrying out compulsory examination and determination as well as
other examination and determination and testing prescribed by law,
drafting regulations concerning technical specifications to provide
technical guarantee for exercising measurement supervision and handling
other matters concerning measurement supervision.
Article 29
The personnel in charge of measurement examination and determination in
the State legal agencies for measurement examination and determination
must pass the examinations supervised by the administrative departments
for measurement of the people's governments above the county level and
must obtain the necessary certificates. The personnel in charge of
measurement examination and determination in other units should pass the
examinations supervised by their higher competent authorities and obtain
the relevant certificates. People without the certificates for measurement
examination and determination may not do the work in this field. The
grading of the technical posts of the personnel in charge of measurement
examination and determination shall be stipulated by the measurement
administration under the State Council in conjunction with the relevant
competent authorities.
Article 30
The administrative departments for measurement of the people's governments
above the county level may, in the light of actual needs, authorize the
agencies of measurement examination and determination and technical
agencies in the following ways to conduct compulsory examination and
determination and other kinds of examination and determination and testing
within the prescribed scope:
(1) authorizing professional or regional agencies for measurement
examination and determination to act as legal agencies;
(2) authorizing the designation of public standard instruments;
(3) authorizing the agencies for measurement examination and determination
of certain departments or units to conduct compulsory examination and
determination of the relevant measurement instruments used therein;
(4) authorizing relevant technical agencies to undertake the other tasks
of examination and determination and testing prescribed by law.
Article 31
Units which have been authorized in accordance with the provisions of
Article 30 of these Rules should abide by the following stipulations:
(1) the personnel in charge of examination and determination and testing
in the authorized units must pass the examinations supervised by the
authorizing units;
(2) the corresponding measurement standards of the authorized units must
be examined and determined according to the datum instruments or the
public standard instruments;
(3) the authorized units must conduct the authorized work of examination
and determination and testing under the supervision of the authorizing
units;
(4) administrative departments for measurement of the people's governments
above county level shall conduct mediation and arbitration when the
authorized units become a party to a measurement dispute, which cannot be
settled by the parties themselves through consultation.
Chapter VII Measurement Attestation of Agencies for Examination of Product Quality
Article 32
The agencies for examination of product quality which provide the society
with notarization data must be attested by administrative departments for
measurement of the people's governments above provincial level.
Article 33
Measurement attestation of agencies for examination of product quality
covers the following aspects:
(1) examining and determining measurements and testing the function of
equipment;
(2) examining and determination measurements and testing the environmental
conditions for the functioning of the equipment and the personnel's
operational skills;
(3) measures ensuring the uniformity of measurement values and accuracy,
and systems ensuring the equity and reliability of the data for
examination and determination of measurements.
Article 34
After receiving applications for attestation from agencies for examination
of product quality, administrative departments for measurement of the
people's governments above provincial level shall instruct the measurement
examination agencies under their jurisdiction or the authorized technical
agencies to arrange the examinations for the applicants in accordance with
the provisions of Article 33 of these Rules. The administrative
departments for measurement of the people's governments above provincial
level shall issue certificates for measurement attestation to those
applicants who have passed the examinations. Those who have not obtained
the certificates shall not be allowed to conduct examination of product
quality.
Article 35
Administrative departments for measurement of the people's governments
above provincial level are empowered to conduct supervision and inspection
over those agencies which have obtained certificates for measurement
attestation according to the provisions of Article 33 of these Rules.
Article 36
Agencies for examination of product quality which have obtained a
certificate for measurement attestation should apply for separate
confirmation of measurement attestation for new items, if they deem these
additional examinations necessary, according to the relevant provisions of
these Rules.
Chapter VIII Measurement Mediation and Arbitrative Examination and Determination
Article 37
Administrative departments for measurement of the people's governments
above county level are responsible for mediation and arbitrative
examination and determination for measurement disputes and may appoint
relevant agencies for measurement examination and determination to conduct
arbitrative examination and determination as entrusted by judicial organs,
administrative organs for contracts, arbitration agencies dealing with
cases involving foreign parties, or other organizations.
Article 38
No litigant shall change the technical status of the measurement
instruments involved in the dispute in the course of the mediation,
arbitration and hearing of the cases.
Article 39
If a party rejects the arbitrative examination and determination, it may
appeal to the administrative departments for measurement of the people's
governments at the next higher level within 15 days of receipt of the
notice of the arbitrative examination and determination. The arbitrative
examination and determination by the administrative departments for
measurement of the next higher people's governments shall be final.
Chapter IX Fees
Article 40
Fees shall be paid for applications for examinations to designate standard
measurement instruments, applications for examination and determination of
measurement instruments to be used, applications for model approval and
prototype instrument testing for manufacturing new measurement products,
applications for the licence for manufacturing and repairing measurement
instruments and applications for measurement attestation and arbitrative
examination and determination. Actual procedures or rates of charges shall
be worked out by the measurement administration under the State Council in
conjunction with the financial and price control departments of the State.
Article 41
Fees shall not be charged for the examination and determination and
testing conducted by administrative departments for measurement of the
people's governments above county level in exercising supervision and
inspection. The inspected units have the obligation to provide prototype
instruments and facilities for examination and determination and testing.
Article 42
The funds needed by the agencies of measurement examination and
determination under the jurisdiction of administrative departments for
measurement of the people's governments above county level for providing
technical guarantee for implementating measurement laws and regulations
and exercising measurement supervision shall be entered in the budgets of
people's governments at the various levels in accordance with the
provisions in the State financial administration system.
Chapter X Legal Liability
Article 43
Those who violate Article 2 of these Rules by using non-legal measures
shall be ordered to correct their mistakes. If violations have been
contained in publications, orders shall be given to stop their
circulations and a fine of 1,000 yuan or less may be imposed
simultaneously.
Article 44
Those who violate Article 14 of the Measurement Law of the People's
Republic of China by manufacturing, marketing and importing measurement
instruments of non-legal measures which have been declared abolished by
the State Council and other measurement instruments which have been
prohibited for use by the State Council, shall be ordered to cease these
operations. Their measurement instruments and total amount of illegal
gains shall be confiscated. And a pecuniary penalty ranging from 10% to
50% of their total illegal gains may be imposed simultaneously.
Article 45
If any departments, enterprises and institutions conduct measurement
examination and determination with various standard measurement
instruments of the highest class which have not passed the examination of
the relevant administrative departments for measurement of the people's
governments, they shall be ordered to stop using those instruments and a
fine of 1,000 yuan or less may be imposed simultaneously.
Article 46
If any units fail to apply for examination and determination for those
measurement instruments which are subject to compulsory examinations and
determination, or fail to conduct periodic examination and determination
for other measurement instruments which are not subject to compulsory
examination and determination, or send them to other agencies for periodic
examination and determination or continue to use the instruments which
have been rejected in examination and determination, they shall be ordered
to stop using those instruments and a fine of 1,000 yuan or less may be
imposed simultaneously.
Article 47
If any units or individuals are engaged in manufacturing and repairing
measurement instruments without Licence for Manufacturing Measurement
Instruments or the Licence for Repairing Measurement Instruments, they
shall be ordered to stop their production and operation and to seal up for
safekeeping the measurement instruments which have been manufactured and
those which have been sent for repairing. The total amount of illegal
gains shall be confiscated and a fine ranging from 10% to 50% of the
illegal gains may be imposed simultaneously.
Article 48
Those who manufacture and market the new measurement products which have
not passed model approval or prototype testing shall be ordered to stop
manufacturing and marketing such products and seal them up for
safekeeping. Their total amount of illegal gains shall be confiscated and
a fine of 3,000 yuan or less may be imposed simultaneously.
Article 49
If the measurement instruments which have not been examined and determined
or those instruments which have been rejected in examination and
determination are allowed to leave the factory, the units or individuals
manufacturing or repairing such instruments shall be ordered to withhold
the same. The total amount of their illegal gains shall be confiscated; in
more serious cases, a fine of 3,000 yuan or less may be imposed
simultaneously.
Article 50
Those who sell imported measurement instruments which have not passed the
examination and determination by administrative departments for
measurement of the people's governments above provincial level, shall be
ordered to stop the sales and seal up the instruments for safekeeping. The
total amount of their illegal gains shall be confiscated and a fine
ranging from 10% to 50% of the total sales earnings may be imposed
simultaneously.
Article 51
Those who have caused losses to the State or consumers by using
substandard measurement instruments or tampering with measurement
instruments and falsifying data shall be ordered to pay reparations for
the losses. Their measurement instruments and total amount of illegal
gains shall be confiscated and a fine of 2,000 yuan or less may be imposed
simultaneously.
Article 52
Those who sell damaged and substandard spare parts and components of
measurement instruments shall be ordered to stop their business. The
instruments and total amount of illegal gains shall be confiscated and a
fine of 2,000 yuan or less may be imposed simultaneously; in more serious
cases, the business licence shall be revoked by administrative departments
for industry and commerce.
Article 53
If any units or individuals manufacture, market or use certain measurement
instruments for the purpose of cheating consumers, their instruments and
total amount of illegal gains shall be confiscated and a fine of 2,000
yuan or less may be imposed simultaneously. If the deceit constitutes a
crime, the persons directly responsible shall be investigated for their
criminal liabilities according to law.
Article 54
If any individual industrial and commercial businesses manufacture and
repair measurement instruments other than those prescribed by the State or
are engaged in business at unauthorized places, they shall be ordered to
stop manufacturing and repairing. The total amount of their illegal gains
shall be confiscated and a fine of 500 yuan or less may be imposed
simultaneously.
Article 55
If any agencies for examination of product quality which have not obtained
certificates of measurement attestation provide notarization data for the
public, they shall be ordered to stop their operations and a fine of 1,000
yuan or less may be imposed simultaneously.
Article 56
If any units or individuals forge, usurp or traffic in seals or
certificates for compulsory examination and determination, the seals and
certificates and the total amount of the illegal gains shall be
confiscated and a fine of 2,000 yuan or less may be imposed
simultaneously. If crimes are committed in the course, the persons
concerned shall be investigated for criminal liabilities according to law.
Article 57
If the personnel in charge of measurement supervision and administration
break the law, neglect their duties or engage in self-seeking misconduct,
they shall be given administrative sanctions when the circumstances are
not serious. If crimes are committed, the persons concerned shall be
investigated for criminal liabilities according to law.
Article 58
If the units responsible for design appraisement and prototype instrument
testing for new measurement products violate Paragraph 2, Article 20 of
these Rules, they should pay for the losses sustained by the applicants
and give administrative sanctions to the persons directly responsible in
accordance with the relevant stipulations of the State. If crimes are
committed, the persons concerned shall be investigated for criminal
liabilities according to law.
Article 59
Any person in charge of measurement examination and determination who
commits one of the following acts, shall be given administrative
sanctions. If crimes are committed, he shall be investigated for criminal
liabilities according to law.
(1) forging examination and determination data;
(2) causing losses to the party sending the instruments for examination as
a result of the faulty data provided;
(3) violating the rules concerning measurement examination and
determination in conducting the work;
(4) conducting examination and determination by using those standard
measurement instruments which have not passed the relevant examinations;
(5) conducting measurement examination and determination without the
required certificates.
Article 60
The administrative penalties stipulated in these Rules shall be meted out
by administrative departments for measurement of the people's governments
above county level. Penalties involving fines of more than 10,000 yuan
should be submitted to the administrative departments for measurement of
the people's governments above provincial level for decision. The
confiscated illegal gains and fines must all be turned over to the state
treasury.
The administrative penalties provided for in Article 51 of these Rules may
also be decided by administrative departments for industry and commerce.
Chapter XI Supplementary Provisions
Article 61
The connotations of the following terms as used in these Rules are:
(1) "Measurement instrument" refers to a device, an instrument, a meter or
a measuring tool which can be used to determine the measurement values of
the measured objects directly or indirectly, as well as a standard matter
used to unify measurement values, which can be a datum measurement
instrument, a standard measurement instrument and a working measurement
apparatus.
(2) "Measurement examination and determination" refers to the work
involved in evaluating the functions of the measurement instruments and
determining if they are up to the standard.
(3) "Design appraisement" denotes the overall checking and examination of
the functions of the prototype of a new measurement product.
(4) "Measurement attestation" denotes the examination and verification
conducted by the government administrative departments for measurement of
the capability and reliability of the relevant technical agencies in
measurement examination and determination and testing.
(5) "Agency for measurement examination and determination" refers to a
relevant technical agency which undertakes measurement examination and
determination.
(6) "Arbitrative examination and determination" refers to the measurement
examination and determination and testing conducted with datum measurement
instruments or public standard measurement instruments for the purpose of
adjudication.
Article 62
These Rules shall also apply to the supervision and administration
exercised by the People's Liberation Army and national defence departments
of science, technology and industry over the measurement work which deal
with matters outside the military setup.
Article 63
The procedures and scopes of administration and the symbols of the various
seals, certificates provided for in these Rules shall be formulated by the
administrative department for measurement under the State Council.
Article 64
The right to interpret these Rules resides with the administrative
department for measurement under the State Council.
Article 65
These Rules shall come into effect as of the date of promulgation.
ible for mediation and arbitrative
examination and determination for measurement disputes and may appoint
relevant agencies for measurement examination and determination to conduct
arbitrative examination and determination as entrusted by judicial organs,
administrative organs for contracts, arbitration agencies dealing with
cases involving foreign parties, or other organizations.
Article 38
No litigant shall change the technical status of the measurement
instruments involved in the dispute in the course of the mediation,
arbitration and hearing of the cases.
Article 39
If a party rejects the arbitrative examination and determination, it may
appeal to the administrative departments for measurement of the people's
governments at the next higher level within 15 days of receipt of the
notice of the arbitrative examination and determination. The arbitrative
examination and determination by the administrative departments for
measurement of the next higher people's governments shall be final.
Chapter IX Fees
Article 40
Fees shall be paid for applications for examinations to designate standard
measurement instruments, applications for examination and determination of
measurement instruments to be used, applications for model approval and
prototype instrument testing for manufacturing new measurement products,
applications for the licence for manufacturing and repairing measurement
instruments and applications for measurement attestation and arbitrative
examination and determination. Actual procedures or rates of charges shall
be worked out by the measurement administration under the State Council in
conjunction with the financial and price control departments of the State.
Article 41
Fees shall not be charged for the examination and determination and
testing conducted by administrative departments for measurement of the
people's governments above county level in exercising supervision and
inspection. The inspected units have the obligation to provide prototype
instruments and facilities for examination and determination and testing.
Article 42
The funds needed by the agencies of measurement examination and
determination under the jurisdiction of administrative departments for
measurement of the people's governments above county level for providing
technical guarantee for implementating measurement laws and regulations
and exercising measurement supervision shall be entered in the budgets of
people's governments at the various levels in accordance with the
provisions in the State financial administration system.
Chapter X Legal Liability
Article 43
Those who violate Article 2 of these Rules by using non-legal measures
shall be ordered to correct their mistakes. If violations have been
contained in publications, orders shall be given to stop their
circulations and a fine of 1,000 yuan or less may be imposed
simultaneously.
Article 44
Those who violate Article 14 of the Measurement Law of the People's
Republic of China by manufacturing, marketing and importing measurement
instruments of non-legal measures which have been declared abolished by
the State Council and other measurement instruments which have been
prohibited for use by the State Council, shall be ordered to cease these
operations. Their measurement instruments and total amount of illegal
gains shall be confiscated. And a pecuniary penalty ranging from 10% to
50% of their total illegal gains may be imposed simultaneously.
Article 45
If any departments, enterprises and institutions conduct measurement
examination and determination with various standard measurement
instruments of the highest class which have not passed the examination of
the relevant administrative departments for measurement of the people's
governments, they shall be ordered to stop using those instruments and a
fine of 1,000 yuan or less may be imposed simultaneously.
Article 46
If any units fail to apply for examination and determination for those
measurement instruments which are subject to compulsory examinations and
determination, or fail to conduct periodic examination and determination
for other measurement instruments which are not subject to compulsory
examination and determination, or send them to other agencies for periodic
examination and determination or continue to use the instruments which
have been rejected in examination and determination, they shall be ordered
to stop using those instruments and a fine of 1,000 yuan or less may be
imposed simultaneously.
Article 47
If any units or individuals are engaged in manufacturing and repairing
measurement instruments without Licence for Manufacturing Measurement
Instruments or the Licence for Repairing Measurement Instruments, they
shall be ordered to stop their production and operation and to seal up for
safekeeping the measurement instruments which have been manufactured and
those which have been sent for repairing. The total amount of illegal
gains shall be confiscated and a fine ranging from 10% to 50% of the
illegal gains may be imposed simultaneously.
Article 48
Those who manufacture and market the new measurement products which have
not passed model approval or prototype testing shall be ordered to stop
manufacturing and marketing such products and seal them up for
safekeeping. Their total amount of illegal gains shall be confiscated and
a fine of 3,000 yuan or less may be imposed simultaneously.
Article 49
If the measurement instruments which have not been examined and determined
or those instruments which have been rejected in examination and
determination are allowed to leave the factory, the units or individuals
manufacturing or repairing such instruments shall be ordered to withhold
the same. The total amount of their illegal gains shall be confiscated; in
more serious cases, a fine of 3,000 yuan or less may be imposed
simultaneously.
Article 50
Those who sell imported measurement instruments which have not passed the
examination and determination by administrative departments for
measurement of the people's governments above provincial level, shall be
ordered to stop the sales and seal up the instruments for safekeeping. The
total amount of their illegal gains shall be confiscated and a fine
ranging from 10% to 50% of the total sales earnings may be imposed
simultaneously.
Article 51
Those who have caused losses to the State or consumers by using
substandard measurement instruments or tampering with measurement
instruments and falsifying data shall be ordered to pay reparations for
the losses. Their measurement instruments and total amount of illegal
gains shall be confiscated and a fine of 2,000 yuan or less may be imposed
simultaneously.
Article 52
Those who sell damaged and substandard spare parts and components of
measurement instruments shall be ordered to stop their business. The
instruments and total amount of illegal gains shall be confiscated and a
fine of 2,000 yuan or less may be imposed simultaneously; in more serious
cases, the business licence shall be revoked by administrative departments
for industry and commerce.
Article 53
If any units or individuals manufacture, market or use certain measurement
instruments for the purpose of cheating consumers, their instruments and
total amount of illegal gains shall be confiscated and a fine of 2,000
yuan or less may be imposed simultaneously. If the deceit constitutes a
crime, the persons directly responsible shall be investigated for their
criminal liabilities according to law.
Article 54
If any individual industrial and commercial businesses manufacture and
repair measurement instruments other than those prescribed by the State or
are engaged in business at unauthorized places, they shall be ordered to
stop manufacturing and repairing. The total amount of their illegal gains
shall be confiscated and a fine of 500 yuan or less may be imposed
simultaneously.
Article 55
If any agencies for examination of product quality which have not obtained
certificates of measurement attestation provide notarization data for the
public, they shall be ordered to stop their operations and a fine of 1,000
yuan or less may be imposed simultaneously.
Article 56
If any units or individuals forge, usurp or traffic in seals or
certificates for compulsory examination and determination, the seals and
certificates and the total amount of the illegal gains shall be
confiscated and a fine of 2,000 yuan or less may be imposed
simultaneously. If crimes are committed in the course, the persons
concerned shall be investigated for criminal liabilities according to law.
Article 57
If the personnel in charge of measurement supervision and administration
break the law, neglect their duties or engage in self-seeking misconduct,
they shall be given administrative sanctions when the circumstances are
not serious. If crimes are committed, the persons concerned shall be
investigated for criminal liabilities according to law.
Article 58
If the units responsible for design appraisement and prototype instrument
testing for new measurement products violate Paragraph 2, Article 20 of
these Rules, they should pay for the losses sustained by the applicants
and give administrative sanctions to the persons directly responsible in
accordance with the relevant stipulations of the State. If crimes are
committed, the persons concerned shall be investigated for criminal
liabilities according to law.
Article 59
Any person in charge of measurement examination and determination who
commits one of the following acts, shall be given administrative
sanctions. If crimes are committed, he shall be investigated for criminal
liabilities according to law.
(1) forging examination and determination data;
(2) causing losses to the party sending the instruments for examination as
a result of the faulty data provided;
(3) violating the rules concerning measurement examination and
determination in conducting the work;
(4) conducting examination and determination by using those standard
measurement instruments which have not passed the relevant examinations;
(5) conducting measurement examination and determination without the
required certificates.
Article 60
The administrative penalties stipulated in these Rules shall be meted out
by administrative departments for measurement of the people's governments
above county level. Penalties involving fines of more than 10,000 yuan
should be submitted to the administrative departments for measurement of
the people's governments above provincial level for decision. The
confiscated illegal gains and fines must all be turned over to the state
treasury.
The administrative penalties provided for in Article 51 of these Rules may
also be decided by administrative departments for industry and commerce.
Chapter XI Supplementary Provisions
Article 61
The connotations of the following terms as used in these Rules are:
(1) "Measurement instrument" refers to a device, an instrument, a meter or
a measuring tool which can be used to determine the measurement values of
the measured objects directly or indirectly, as well as a standard matter
used to unify measurement values, which can be a datum measurement
instrument, a standard measurement instrument and a working measurement
apparatus.
(2) "Measurement examination and determination" refers to the work
involved in evaluating the functions of the measurement instruments and
determining if they are up to the standard.
(3) "Design appraisement" denotes the overall checking and examination of
the functions of the prototype of a new measurement product.
(4) "Measurement attestation" denotes the examination and verification
conducted by the government administrative departments for measurement of
the capability and reliability of the relevant technical agencies in
measurement examination and determination and testing.
(5) "Agency for measurement examination and determination" refers to a
relevant technical agency which undertakes measurement examination and
determination.
(6) "Arbitrative examination and determination" refers to the measurement
examination and determination and testing conducted with datum measurement
instruments or public standard measurement instruments for the purpose of
adjudication.
Article 62
These Rules shall also apply to the supervision and administration
exercised by the People's Liberation Army and national defence departments
of science, technology and industry over the measurement work which deal
with matters outside the military setup.
Article 63
The procedures and scopes of administration and the symbols of the various
seals, certificates provided for in these Rules shall be formulated by the
administrative department for measurement under the State Council.
Article 64
The right to interpret these Rules resides with the administrative
department for measurement under the State Council.
Article 65
These Rules shall come into effect as of the date of promulgation.
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