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The product quality arbitration inspection and product quality management method"
Date:2014-01-08 Font Size:Small Medium Large

  On March 10, 1999, the state bureau of quality and technical supervision adopted by the conference, are hereby issued
  The first chapter is always
  Article 1 in order to strengthen the product quality of the arbitration inspection and appraisal work of product quality management, correctly determine the product quality, processing product quality dispute, protect the lawful rights and interests of the parties, according to the national laws and regulations and the state council gives the responsibility of the quality and technical supervision department, these measures are formulated.
  Article 2 the term "product quality arbitration inspection and product quality appraisal is in handling product quality dispute an important way to determine the product quality.
  Article 3 the arbitration product quality inspection (hereinafter referred to as the arbitration inspection) refers to the product quality and technical supervision department at or above the provincial level or the departments authorized by the inspection qualified product quality inspection institutions (hereinafter referred to as the inspection institutions), in the inspection department authorized within the scope of the inspection of products according to the applicants request, product inspection of the quality dispute, the arbitration inspection report issued by the process.
  Article 4 the product quality appraisal (hereinafter referred to as the quality appraisal) refers to the quality and technical supervision departments at or above the provincial level appraisal organization designated by the unit, according to the applicants request, organize experts to investigate the product quality dispute, analysis, judgement, issue the qualification report process.
  Article 5 the arbitration inspection and quality appraisal work should adhere to the principle of fair, fair, scientific and realistic.
  Article 6 processing product quality dispute to the arbitration inspection report issued in accordance with the measures and quality appraisal report shall prevail.
  Article 7 the laws and administrative regulations of the arbitration inspection and quality appraisal has other provisions, those provisions shall be followed.
  The second chapter the arbitration inspection
  Article 8 the following applicant shall have the right to apply for arbitration inspection:
  (a) the judicial organs;
  (2) the arbitration agency;
  (3) of quality and technical supervision departments or other administrative departments;
  (4) processing product quality dispute related social organizations;
  (5) product quality dispute on both parties.
  The applicant may directly apply to the quality inspection agencies, can also through the quality and technical supervision departments apply to the inspection agency.
  Article 9 the quality inspection institutions dont accept the following arbitration inspection for:
  (a) the applicant does not meet the requirements of article 8 of these measures;
  (2) there is no corresponding test basis;
  (3) of the scientific and technological level restrictions, can not be implemented inspection;
  (4) the judicial organs, the arbitration agency has effective judgment and decision of controversy over the product quality.
  Article 10 the inspection shall be the applicant to apply for arbitration and the arbitration inspection quality inspection institutions signed a power of attorney, clear the arbitration inspection matters entrusted, and provide the arbitration inspection people need relevant information.
  Arbitration inspection a power of attorney includes the following items and content:
  (a) authorize arbitration inspection products name, specifications, factory level, production enterprise name, production date, batch number;
  (2) of the applicants name, address and contact way;
  (3) commissioned the basis of the arbitration inspection and inspection items;
  (4) batch product arbitration inspection sampling way;
  (5) to complete the time of the arbitration inspection requirements;
  (6) the cost of the arbitration inspection, delivery and delivery time.
  (7) responsibility of breach of contract;
  (8) the applicant and the quality inspection organization representative signature and time;
  (9) other necessary conventions.
  Article 11 the arbitration inspection quality evaluation based on:
  (a) laws, regulations and mandatory standard regulations of the state quality requirements;
  (2) the laws, regulations, or if there are no relevant provisions in the national mandatory standards, execution dispute the parties agreed in the product standard or the related quality requirements;
  (3) the laws, regulations and mandatory national standards if there are no relevant provisions, the parties to the dispute is also in the absence of an agreement, the parties perform product party expressly provided quality requirements.
  Article 12 the batch product arbitration inspection sampling shall be carried out in accordance with the requirements of the following:
  (a) the national compulsory standards concerning sampling, in accordance with the provisions;
  (2) the national compulsory standards for sampling, not stipulated in the prescribed by the parties to the dispute the parties;
  (3) the dispute when the parties cannot agree, sampling plan put forward by the quality inspection institutions, sample after confirmed by the applicant.
  Article 13 the product sampling, sample shall be the responsibility of the quality inspection institutions, the applicant shall notify the parties to the dispute parties to be present. Parties to the dispute is not present, the parties shall provided by the applicant or by its present agreed to sampling, sample written comments.
  Article 14 arbitration inspection test methods:
  (a) the national mandatory standard and inspection method, according to the provisions;
  No inspection method (2) national mandatory standard, implement production factory inspection method;
  There is no factory inspection from (3) the production method of or couldnt provide the test methods, the execution applicant or test method for dispute the parties agree to the applicant to confirm the inspection method of quality inspection institutions.
  Article 15 the quality inspection organizations shall arbitration inspection report issued within the prescribed period of time. Quality inspection institutions shall be responsible for batch product sampling, the arbitration inspection report for this batch of products effectively.
  Article 16 the quality inspection institution shall properly keep sample, in addition to the loss of goods, samples shall be returned after the arbitration inspection end or disposed of in accordance with relevant agreement.
  Article 17 the applicant or the parties to the dispute if any party to the arbitration have objections to the inspection report, should be in 15 days from the date of receipt of the arbitration inspection report to accept the arbitration inspection quality inspection institutions, quality inspection institution shall take care of, and issue a reply. Responses to the quality inspection agencies still have objections, you can apply to the quality inspection institutions designated by the state bureau of quality and technical supervision for the re-inspection, the inspection report issued by the arbitration award shall be final conclusion.
  The third chapter quality appraisal
  Article 18 where an applicant has the right to the following to the quality and technical supervision departments at or above the provincial level qualification to apply for:
  (a) the judicial organs;
  (2) the arbitration agency;
  (3) of quality and technical supervision departments or other administrative departments;
  (4) processing product quality dispute related social organizations;
  (5) product quality dispute on both parties.
  Article 19 the quality and technical supervision department does not accept the following qualification to apply for:
  (a) the applicant does not comply with the provisions in article 18 of this regulation;
  (2) to provide product quality requirements;
  (3) the product does not have identification conditions;
  (4) scientific and technological level restrictions, can not be implemented appraisal;
  (5) the judicial organs, the arbitration agency has effective judgment and decision of controversy over the product quality.
  Article 20 the quality technical supervision departments at or above the provincial level shall be responsible for the unit to specify quality appraisal organization shall bear the quality appraisal. Quality appraisal organization unit can be a quality inspection agencies, can also be a scientific research institution, colleges and universities, or social group.
  Article 21 the applicant shall sign a power of attorney and quality appraisal organization unit, clear quality appraisement of the matters entrusted, and provide quality appraisal of the relevant information you need.
  Quality identification of a power of attorney includes the following items and content:
  (a) entrust quality appraisal products name, specifications, factory level, production enterprise name, production date, batch number;
  (2) of the applicants name, address and contact way;
  (3) commissioned quality appraisal and project and requirements;
  (4) time to finish the qualification requirements;
  (5) quality appraisement of cost, delivery and delivery time.
  (6) liability for breach of contract;
  (7) on behalf of the applicant and the appraisal organization unit signature and time.
  (8) other necessary conventions.
  Article 22 the quality appraisal organization unit three or more singular experts quality appraisal expert group, the specific implementation of the quality appraisal work.
  Article 23 members of the panel should be from a senior technical titles and corresponding specialized knowledge and practical experience of professional and technical personnel in the employment.
  Article 24 members of the panel and the product quality dispute the interests of the parties shall withdraw.
  Article 25 the panel may exercise the rights on the following:
  (a) require the applicant to provide quality appraisal related data;
  (2) by the applicant to the dispute parties to understand the situation;
  (3) the field;
  (4) published quality evaluation.
  Article 26 the panel shall perform the following obligations:
  (a) accurately and timely to make quality appraisal report;
  (2) to solve the questions related to the quality appraisal report;
  (3) comply with the provisions of article 24 of these measures related to avoid.
  Article 27 of the expert group is responsible for formulating the quality appraisal plan, quality identification of independence.
  Article 28 qualification need to look at the scene, to physical conduct inquest, the applicant and dispute the parties shall be present, actively cooperate with and provide the corresponding condition. To not cooperate, refused to provide the necessary conditions to make quality appraisal to, terminate qualification.
  Article 29 of the qualification to do the inspection or test, the panel shall be selected to conform to the conditions of technical institutions, and issued by the inspection or test report.
  Article 30 the panel is responsible for issue the qualification report.
  Quality appraisal report including the following related matters and content:
  (a) the applicants name, address, and accepts the quality appraisal date;
  (2) the purpose of quality appraisal, requirements;
  (3) the identification of the product is necessary to describe;
  (4) the scene the circumstances;
  (5) quality appraisal, inspection, test report;
  (6) analysis;
  (7) quality appraisal conclusion;
  (eight) appraisal expert group signature table;
  (9) appraisal report date.
  Article 31 the quality appraisal organization unit shall be examined for quality appraisal report, and shall be responsible for quality appraisal report.
  Article 32 the quality appraisal organization unit shall timely delivering quality appraisal report applicants, and to accept the application of quality and technical supervision departments at or above the provincial level for the record. Article 33 the applicant or the quality dispute the parties of any party to object to the quality appraisal report, should be in within 15 days from the date of receipt of the quality appraisal report is put forward. Quality appraisal organization unit shall be processed in a timely manner.
  Chapter iv supervision and administration
  Article 34 the quality and technical supervision departments should strengthen the management of the arbitration inspection and quality appraisal and supervision. To the arbitration inspection and quality appraisal have the right to rectify the illegal or improper behavior.
  Article 35 the quality inspection agencies within the scope of its have the right to inspect the products, shall actively undertake the arbitration inspection and quality appraisal organization work. Without justifiable reasons shall not refuse to do.
  Article 36 the quality inspection institutions and quality appraisal organization unit caused by intentional misconduct or gross negligence of arbitration inspection report, quality appraisal report inconsistent with the facts, and cause damage to the lawful rights and interests of the parties, shall undertake corresponding civil liability.
  Relevant personnel in the arbitration inspection and quality appraisal of dereliction of duty, abuse power for personal gains, take bribes, by its place unit or the competent department for disciplinary action. If the case constitutes a crime, shall be investigated for criminal responsibility according to law.
  The fifth chapter is attached
  Article 37 the arbitration inspection and qualification shall be in accordance with the laws, regulations and the relevant regulations of the state, pay the fee.
  Article 38 the arbitration inspection and quality appraisal work after the end, relevant materials shall be filed.
  Article 39 the state bureau of quality and technical supervision shall be responsible for the interpretation of these procedures.
  Article 40 the measures come into force from the date of release. "Interim measures for the national product quality arbitration inspection" shall be repealed simultaneously.

 

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