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"Industrial products production license management approach"
Date:2014-01-08 Font Size:Small Medium Large

  The state administration of quality supervision, inspection and quarantine of the 19th
  "Industrial products production license management approach" has been on March 27, 2002, the state administration of quality supervision, inspection and quarantine, adopted at the meeting examined and approved, are hereby issued, and effective as of June 1, 2002. The original national economic council, the measures for the management of industrial products production permit (via mass [1984] no. 526) shall be repealed simultaneously.
  Director of the
  On 19 April 2002
  Measures for the management of industrial products production permit
  The first chapter is always
  Article 1 in order to improve the quality of products, from the sources to ensure the safety of products, specification of industrial products production license management work, according to "product quality law of the Peoples Republic of China, regulations on the production license for industrial products, the hazardous chemical materials safety management regulations and the state council gives the state administration of quality supervision, inspection and quarantine (hereinafter referred to as the general administration of quality supervision, inspection and quarantine) functions, are formulated.
  Article 2 the state to protect national security, protection of human health or safety, animal or plant life or health, protect environment and other important industrial products production permit system.
  National unity, formulate and promulgate the implementation of industrial products production permit system product catalogue (hereinafter referred to as the "directory")。
  All within the territory of the Peoples Republic of China production and sales listed in the catalogue of the products, the production license application, review, hair (in) and the use of tags, shall abide by these measures.
  Any enterprises, units and individuals (hereinafter referred to as enterprises), has not obtained the production license shall not produce the products in the catalogue. Has not obtained the production license, the production of the product without authorization, as unlicensed production.
  Article 3 the aqsiq in fully give play to the role of the various departments of the state council and industry, on the basis of the national industrial products production permit the implementation of unified management. If needed, the general administration of quality supervision, inspection and quarantine authorized the provinces, autonomous regions and municipalities directly under the bureau of quality and technical supervision (hereinafter referred to as the provincial bureau of quality and technical supervision), all kinds of certification examination department and all kinds of certification product inspection institutions, complete industrial products production license acceptance review, enterprise production conditions, product quality inspection summary report and material.
  Article 4 the industrial products production license management work shall adhere to administration according to law, justice, the principle of openness, high efficiency, no repeat inspection.
  The second chapter, the management of industrial products production license
  Article 5 the state quality inspection administration management of the national industrial products production license, the main responsibility for:
  (a) is responsible for the implementation of "method";
  (2) to develop production license related regulations and normative documents;
  (3) develop and publish the catalogue of the production permit system management products;
  (4) according to the need to set up the product examination department, and supervision and management;
  (5) to develop and launch various types of the detailed rules for the implementation of the production license for the product;
  (6) examination and inspection institutions to undertake the production license inspection tasks;
  (7) production license certificate;
  (eight) announcement list of obtained the production license of the enterprise;
  (9) organization of the training and examination of production permit the inspector and employment;
  (10) monitor the work of the production license examination and management behavior;
  (11) production license issuance after the management and supervision;
  (12) organize production license certification, enterprise annual review;
  (13) organization of unlicensed production and sale of unlicensed products to investigate and punish the illegal act;
  (14) establish production license information management system;
  (15) accept some complaints concerning the production license, handle the production license controversial issues.
  The national industrial products production license office (hereinafter referred to as the national license office) to undertake the production license management of daily work.
  Article 6 the relevant departments of the state council within the scope of their respective duties cooperate with general administration of quality supervision, inspection and quarantine work related to areas of production licenses. The main responsibility for:
  (a) according to the national economic development policy and related laws and regulations, products subject to production license administration project Suggestions;
  (2) the examination and approval of draft and is suitable for the production license management of product standards and technical specifications;
  (3) according to the requirements, the drafting of the detailed rules for the implementation of the production license for the related products;
  (4) recommendation for review of related products production permit and product quality inspection institutions;
  (5) confirm the list of enterprises eligible for evidence.
  Article 7 the provincial bureau of quality and technical supervision under the leadership of the general administration of quality supervision, inspection and quarantine of the production license within their respective administrative areas work in daily supervision and administration. The main responsibilities for:
  (a) accepts the enterprise production license application;
  (2) or cooperate with organizations to apply for forensic enterprise production conditions of review;
  (3) the recommended inspection institutions to undertake the production license inspection tasks;
  (4) or cooperate with organizations of detailed rules for the implementation of production licenses stable cross;
  (5) is responsible for the supervision and administration of production license enterprise;
  (6) to organize and implement for production license enterprise annual review;
  (7) is responsible for unlicensed production and sale of unlicensed products of illegal behavior is investigated.
  Provinces, autonomous regions and municipalities directly under the central government industrial products production license office (hereinafter referred to as the provincial license office), to undertake production license management daily work within their respective administrative areas.
  Article 8 products production license examination department authorized by the national license office, undertake technical review related products production license. The main responsibilities for:
  (a) the national license office to draft the detailed rules for the implementation of the production license for the related products;
  (2) the organization of detailed rules for the implementation of production licenses stable cross;
  (3) or cooperate with organizations to the application for evidence of enterprise production conditions of review;
  (4) recommended inspection institutions to undertake the production license inspection work;
  (5) review and summary for forensic enterprise relevant materials;
  (6) cooperate with the implementation of production license for the enterprises annual review.
  Article 9 in accordance with the law, set up and authorized by the product quality inspection institutions, in accordance with the law shall be approved in order to undertake the production license related products quality inspection task. The main responsibility for:
  (a) undertake related products production permit test task, scientific, fair and accurate to provide inspection report;
  (2) cooperate with provincial bureau of quality and technical supervision implementing production license certification, products supervision and inspection work;
  (3) in a timely manner to provide general administration of quality supervision, inspection and quarantine certification product quality status.
  Article 10 industrial products production license examination personnel must be tested and approved by the training of qualified obtained qualification certificate, shall be employed to undertake corresponding review. Inspectors must be based on the production license for industrial products (hair) card implementation rules "and related regulations, and procedures to carry out the work in accordance with the relevant provisions.
  Article 11 the industrial products production license fees including cutting, product inspection fee and announcement fee, specific charge and use way to perform in accordance with the provisions of the relevant departments of the state council.
  The third chapter forensics process
  Article 12 the enterprise obtained the production license must meet the following basic conditions:
  (a) business scope of business shall apply cover forensics products;
  (2) the quality of the products conform to the current national standards or industry standards and enterprise express standards;
  (3) is correct and complete technical documents and technical requirements;
  (4) have to ensure the quality of the product manufacturing equipment, process equipment, measuring and testing instruments;
  (5) is to ensure normal production and ensure the quality of products of professional and technical personnel and skilled technical workers and measuring, testing personnel;
  (6) with sound and effective quality management system;
  (7) in accordance with the laws and administrative regulations and the requirements of the relevant related policies and regulations of the state.
  The catalog of the products listed in article 13 of the production enterprises, shall apply to the provincial bureau of quality and technical supervision. Provincial bureau of quality and technical supervision, after the application materials by the enterprises shall meet the conditions for filing within 7 working days companies issuing the notice of production license acceptance.
  Except the limiting conditions of laws, administrative rules and regulations, no entity may attach conditions separately, restrict enterprises to apply for production licenses.
  New and new production enterprise, it shall timely apply to the local provincial bureau of quality and technical supervision manufacturing license.
  Article 14 the production condition of enterprise must, in accordance with the following procedure for on-site review:
  (a) production license implementation rules shall be the responsibility of the provincial bureau of quality and technical supervision organization review and sealed samples of enterprise production conditions, the provincial bureau of quality and technical supervision should be within 2 months after the application by the enterprises organization to the application for evidence of enterprise production conditions of review and field pumping sealing sample. Provincial license office within 3 months from the date of receipt of the application for the enterprise completed materials, and the list of qualified enterprises and relevant materials submitted to the examination department. Examination department after receiving the provincial bureau of quality and technical supervision to submit the materials within 45 days from the date of spot check complete enterprise production conditions and materials, and the list of qualified enterprises and relevant materials submitted to the national license office;
  (2) production license implementation rules by examination department to be responsible for the organization review and sealed samples of enterprise production conditions, the provincial bureau of quality and technical supervision should be within 15 days after the application by the enterprises will be transferred to review of relevant material. Examination department receiving the provincial license office to submit the materials within 2 months as of the date of organization review to the application for evidence of enterprise production conditions, and field pumping sealing sample. Examination department after receiving the provincial license office shall submit the materials within 3 months from the date of the list of qualified enterprises and relevant materials submitted to the national production license office;
  (3) to apply for evidence of enterprise production conditions review shall be borne by the review, review the group leader responsibility system, responsible for the review review.
  Article 15 application for forensic enterprise shall, within 15 days after the sample samples and submit it to the designated inspection agencies. Inspection institution shall, after receipt of the samples in accordance with the standards and requirements prescribed by the detailed rules for the implementation, and test work should be completed within the prescribed time limit. Have special requirements in the standard of product inspection, according to the prescribed standards. Product inspection cycle more than material submitted to the time limit specified in article 14, the material submitted to the time will be subject to inspection completion time.
  Article 16 the national license office receiving the provincial bureau of quality and technical supervision, review the summary of enterprises eligible for certification list and relevant materials within a month from the date of the complete the examination and approval. Qualified after the examination and approval, certification, production license issued by general administration of quality supervision, inspection and quarantine, does not comply with the license issuing conditions, will be reported to relevant material to provincial bureau of quality and technical supervision or examination department and advise.
  Article 17 provincial bureau of quality and technical supervision should does not satisfy the conditions for issuing companies issued the production license examination unqualified notice, to recover the production license acceptance notice at the same time.
  Companies receiving the production license examination unqualified notice, as of the date of serious rectification shall be conducted, rear can apply for forensic again 2 months.
  The fourth chapter certificate and the management of tag
  Article 18 industrial products production license tag and serial number with capital pinyin XK plus ten digits of coding: XK x - x x x x x x x x.
  The XK on behalf of the license, the first two digits (x) represents the industry number, in the middle of the three (XXX) represents the product number, after five (x x x x x) on behalf of the enterprise production license number.
  Article 19 the production license is generally not more than 5 years, the date of the certificate issued by the validity.
  Enterprise shall, within 6 months before the expiration of the validity of the production license, to the local provincial quality and technical supervision bureau to apply for replacement. Apply for not on time, delay the replacement time, bear the responsibility by the enterprises themselves.
  Apply for forensic enterprises hold the production license acceptance notice, its products in within 6 months from the date of acceptance notice issued still as the products.
  Article 20 during the validity period of the production license, product standard changes, the examination department put forward to test and review plans, review by the general administration of quality supervision, inspection and quarantine organizations to supplement; Enterprise production conditions change (including reconstruction, transformation, expansion and migration of certification, product manufacturing sites, etc.), should be within 3 months after the changes apply to the provincial bureau of quality and technical supervision, and the procedures of alteration according to prescribed procedures.
  Enterprise name change, it shall, within 3 months after changes its name to the local provincial bureau of quality and technical supervision put forward production license certificate changed its name to apply for.
  Article 21 an enterprise shall properly keep the production license certificate, because of the destruction or force majeure causes such as the production license certificate is lost or cant identify, at or above the provincial level shall timely in major announcement in the newspaper, reported to the local provincial bureau of quality and technical supervision at the same time. Provincial bureau of quality and technical supervision shall timely replacement production license application, by the enterprises and the replacement certificate formalities by the regulation.
  Article 22 whoever obtained the production license of the products, the enterprise must be marked on the product, packaging or manual production license tag and serial number.
  Article 23 obtained production license of enterprises, the production license tag and serial number must not be transferred to others.
  Article 24 enterprises gain the production license shall guarantee the continuous production of qualified products.
  Sales catalogue of the products in the enterprise, shall guarantee the sold products have get effective production license.
  Production and sales of the production license management products companies must accept the supervision and management of quality and technical supervision department.
  The fifth chapter penalty,
  Article 25 the enterprise production in the catalogue of the products, not according to this method obtained the production license production sales without authorization, quality and technical supervision department shall order it to stop production and sales, production license within a time limit; There is illegal income, confiscate the illegal income and impose illegal production and sales of products (including products have been sold and not sold, similarly hereinafter) value 15% to 20% of the fine; The losses, shall be investigated for legal responsibility according to law.
  Article 26 the detailed rules for the implementation of the relevant production sales is not in conformity with the production licenses product standards of product, according to the "product quality law of the Peoples Republic of China" provisions of the article 49. If the circumstances are serious, revocation of production licenses.
  Article 27 the forge or falsely use another producer of production license, transfer or alter obtained the production license of the enterprise production license tag or number, shall be ordered to make corrections by the quality and technical supervision departments, and in accordance with the "product quality law of the Peoples Republic of China" provisions of the article 53. If the circumstances are serious, revocation of production licenses.
  Illegal to accept and use others provide production license tag and serial number, according to an unlicensed punish, and penalties shall be imposed according to the provisions of article 25 of these measures.
  Article 28 does not meet the requirements for the evidence, but using unfair means to obtain production licenses, revoke its production license, and concurrently be sentenced to a fine of less than RMB 30000.
  Article 29 has obtained the production license of the enterprise, not in accordance with the requirements in the product, packaging or the instructions the measures on the production license tag and serial number, according to the "product quality law of the Peoples Republic of China" the provisions of article 54 punishment.
  Article 30 obtained the production license of the products by the national quality supervision and spot check or selectives examination unqualified at the provincial level shall be ordered to enterprise rectification within a time limit; Rectification expiry review is still not qualified, revocation of production licenses.
  Article 31 inspection organizations responsible for issuing product inspection forge inspection data or forged conclusion, according to the "product quality law of the Peoples Republic of China" the provisions of article 57 punishment, and cancel the qualification of responsible for inspection.
  Article 32 the relevant working personnel engaged in the work of the production license abusing authority, dereliction of duty, malpractice, constitute a crime shall be investigated for criminal responsibility according to law; Has not yet constitute a crime, be given administrative sanctions according to law.
  Engaged in the production license, product quality and technical supervision department for the management of examination department have the above violation behavior, be warned and informed criticism; If the circumstances are serious, cancel the qualification of engaged in the work of the production license.
  Article 33 enterprises for the production license issued by any objection, and revocation of can make a review to the provincial bureau of quality and technical supervision; Still have objections to the review result, which can be applied to the national license office for final review.
  Enterprise to object to the administrative punishment decision, can be receiving within 2 months from the date of the notice of administrative punishment in accordance with law, at the next higher level of quality and technical supervision department to apply for administrative reconsideration or institute an administrative lawsuit directly to the peoples court.
  The sixth chapter is attached
  Article 34 this "method" by the general administration of quality supervision, inspection and quarantine shall be responsible for the interpretation.
  Article 35 the "method" shall be implemented as of June 1, 2002. The original national economic council, the measures for the management of industrial products production permit (via mass [1984] no. 526) shall be repealed simultaneously.
  The measures for the management of industrial products production permit (SongShenGao) draft specifications
  One, the necessity of revision
  In April 1984 the state council promulgated the regulations on the production license for industrial products, marked the industrial products production permit system was established. In 18 years, the system to strengthen product quality management, to ensure that agencies, human health, environmental protection and personal property safety of important industrial products quality has played an important role. Practice has proved that it is a paying special attention to the quality of the products from the sources, strict product quality is the important means of market access.
  With completion of the reform of government institutions and the function of adjustment in place, the former state economic commission published "industrial products production license management approach" (the mass [1984] no. 526) has far cant adapt to the new situation of the production license administration, the part with the functions of current government institutions and uncoordinated and work responsibility is not clear, specific work procedures. Etc. In order to further the relationship between work and clear responsibilities and work procedures, strengthen the supervision and management after issuing, to improve the validity of the production license in production license management experience for many years, on the basis of the original management approach to revise, appear very necessary. Revised, the production license management work will be more adaptable to gradually establish the system of socialist market economy in our country the new requirements.
  Second, the revision process
  In early 2001, the state bureau of quality and technical supervision quality department according to the "quality standard" and the production license for industrial products regulations drafted revision "industrial products production license management approach" (the mass [1984] no. 526) of the draft. In July and November 2001, held the two provinces, autonomous regions and municipalities directly under the central government and part of the production license office examination department is responsible for the comrades symposium, has carried on the discussion to draft. On January 31, 2002, issued a "about seeking" industrial products production license management approach "(draft) on letter", consult the relevant ministries and commissions, provinces, autonomous regions and municipalities directly under the central government of quality and technical supervision, part of the audit department, administration and related departments commission, etc. A total of 58 the opinions of the departments and units. After repeated research and modified, adopted most of the feedback, on the basis of this formed the "industrial products production license management approach" (SongShenGao) (hereinafter referred to as the "method")。
  Third, the main content of the revision
  (a) to further clarify the responsibilities of the job agencies
  1. According to the state council gives the functions of the general administration of quality supervision, inspection and quarantine, "method" has been clear about the further:
  (1) the general administration of quality supervision, inspection and quarantine in fully respect the opinions of the other departments of the state council and industry on the basis of the unified administration of the national industrial products production permit;
  (2) the other departments of the state council within the scope of their respective responsibilities with general administration of quality supervision, inspection and quarantine, do a good job related to areas of production licenses;
  (3) the provincial bureau of quality and technical supervision, under the leadership of the general administration of quality supervision, inspection and quarantine of the production license within their respective administrative areas work in daily supervision and management;
  (4) examination department authorized by the national license office, technology review to undertake the production license;
  (5) in accordance with the law, set up and authorized and approved in accordance with the inspection institution, pay the relevant product quality inspection tasks.
  2. "method" reflects the general administration of quality supervision, inspection and quarantine in the unified management of industrial products permits work, fully respect the other departments of the state council and the opinions of the industry, fully mobilize the enthusiasm of each respect, give full play to the role of the social from all walks of life, to form the joint effort of the guiding ideology, for the production license management work to create a favorable external environment.
  (2) further clear the work procedures, smooth working relationship
  1. According to the division of duties, "method" has been clear about the:
  (1) enterprise forensic application by provincial bureau of quality and technical supervision unification.
  (2) the enterprise production conditions by the provincial bureau of quality and technical supervision or review department responsible for the review, the specific operating mode in the products specified in the detailed rules for the implementation.
  (3) product quality inspection by the set up and authorized and approved in accordance with the law in accordance with the inspection agency to complete, and according to the scientific, fair and accurate inspection report.
  (4) approval certification work to be done by the national license office.
  2. In order to embody the principle of government more efficient, service for the enterprise, the methods of every working link to determine the time limit, request the work organization improve the work efficiency, work together to strive for in the shortest possible time to make enterprise to get the production license.
  (3) to further intensify the investigation work, improve the efficiency of the production license
  1. The unlicensed production enterprises according to the "product quality law of the Peoples Republic of China" and "industrial product quality responsibility regulation" carry on punishment.
  2. For enterprises with the unqualified products according to the "product quality law of the Peoples Republic of China" carry on punishment, until revocation of production licenses.
  3. Used to pressing a regulation the production license of enterprise with a certain amount of fine, until revocation of production licenses; Production license of enterprises to accept and use others, according to an unlicensed.
  4. To the enterprise in the process of application of evidence have violation behavior, revoke its production license, and a fine of a certain amount.
  5. The product quality supervision and spot check unqualified enterprises of punishment, and the measures for the administration of the national supervision and spot check product quality.
  6. The inspection agency responsible for certification product inspection violation behavior, according to the "product quality law of the Peoples Republic of China" punishment, and cancel the qualification of inspection.

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