Measures for the Administration of Certification Certificates and Certification Marks

Measures for the Administration of Certification Certificates and Certification Marks

(Issued by Order No. 63 of the General Administration of Quality Supervision, Inspection and Quarantine on June 23, 2004; first revised by Order No. 162 of the General Administration of Quality Supervision, Inspection and Quarantine on March 31, 2015; and second revised by Order No. 61 of the General Administration of Market Supervision and Administration on September 29, 2022)

Chapter I General Provisions

Article 1In order to strengthen the management and supervision of certification certificates and certification marks for products, services and management system certification (hereinafter referred to as certification certificates and certification marks), standardize the use of certification certificates and certification marks, safeguard the legitimate rights and interests of certified organizations and the public, and promote the healthy and orderly development of certification activities, these measures are formulated in accordance with the regulations on the People's Republic of China Certification and Accreditation (hereinafter referred to as the regulations) and other relevant laws and administrative regulations.

Article IIThe certification certificate referred to in these Measures refers to the certification documents obtained through certification of products, services and management systems. Certification certificates include product certification certificates, service certification certificates and management system certification certificates.

The certification mark referred to in this Law refers to a proprietary symbol, pattern or combination of symbols, patterns and characters that certify that products, services and management systems have passed certification. Certification marks include product certification marks, service certification marks and management system certification marks.

Article IIIThese Measures shall apply to the formulation, issuance, use, supervision and inspection of certification certificates and certification marks.

Article 4The State Administration of Market Supervision and Administration shall be responsible for the administration, supervision and comprehensive coordination of certification certificates and certification marks in accordance with the law.

Local market supervision and management departments at or above the county level shall be responsible for the supervision and inspection of certification certificates and certification marks within their jurisdiction in accordance with the law.

Article VForgery, fraudulent use, transfer and illegal trading of authentication certificates and authentication marks are prohibited.

Chapter II Certificate of Authentication

ARTICLE VIThe certification body shall engage in certification activities in accordance with the basic certification standards and certification rules, and shall issue a certification certificate to the certification client within the prescribed time limit if the certification is qualified.

Article VIIThe product certification certificate includes the following basic contents:

(I) the name and address of the principal;

(II) product name, model, specification, and description of product functions and characteristics when necessary;

(III) product trademark, manufacturer's name and address;

Name and address of (IV) product manufacturer;

Standards and technical requirements for (V) certification;

(VI) authentication mode;

(VII) certificate number;

(VIII) the issuing institution, issuing date and period of validity;

(IX) other contents that need to be explained.

Article 8The service certification certificate includes the following basic contents:

The name and address of the organization (I) to be certified;

(II) the scope of business covered by certified services;

Standards and technical requirements for (III) certification;

(IV) certificate number;

(V) the issuing institution, issuing date and period of validity;

(VI) other contents that need to be explained.

Article IXThe management system certification certificate includes the following basic contents:

The name and address of the organization (I) to be certified;

(II) the scope of business covered by the certified organization's management system;

Standards and technical requirements for (III) certification;

(IV) certificate number;

(V) the issuing institution, issuing date and period of validity;

(VI) other contents that need to be explained.

Article XThe certified organization shall correctly use the certification certificate and relevant information in advertising, publicity and other activities. When the certified products, services and management system undergo major changes, the certified organizations and individuals shall apply to the certification body for changes. If the certification body does not change or finds that it does not meet the certification requirements after investigation by the certification body, it shall not continue to use the certification certificate.

Article 11The certification body shall establish a certification certificate management system, and implement effective follow-up investigations on the use of certification certificates by certified organizations and individuals. If it fails to meet the certification requirements, it shall suspend its use until the certification certificate is revoked and publish it; the cancellation or cancellation The certification certificate shall be withdrawn; if it cannot be withdrawn, it shall be announced.

Article 12It is not allowed to use product certification certificates and related words and symbols to mislead the public that its services and management systems have passed certification; it is not allowed to use service certification certificates and related words and symbols to mislead the public that its products and management systems have passed certification; it is not allowed to use management system certification certificates and related words and symbols to mislead the public that its products and services have passed certification.

Chapter III Certification Mark

Article 13The certification mark is divided into compulsory certification mark and voluntary certification mark.

The voluntary certification mark includes the national unified voluntary certification mark and the certification mark developed by the certification body.

The compulsory certification mark and the national unified voluntary certification mark belong to the national exclusive certification mark.

The certification mark formulated by the certification body refers to the certification mark exclusive to the certification body.

Article 14The formulation and use of compulsory certification marks and national unified voluntary certification marks shall be prescribed by the State Administration of Market Supervision and Administration in accordance with the law and shall be published.

Article XVThe pattern (including symbols used), text and name of the certification mark formulated by the certification body shall comply with the following provisions:

The (I) shall not be the same or similar to the compulsory certification mark, the national unified voluntary certification mark or the certification mark developed and published by other certification bodies;

(II) shall not interfere with the social management order;

The (III) shall not use the words, symbols and patterns of social public resources well known to the public or the certification name with specific meanings as part of the certification mark;

The (IV) shall not mislead the public or cause social discrimination, detrimental to social morality and other adverse effects of words, symbols, patterns as part of the certification mark;

(V) other laws, administrative regulations, or relevant technical specifications and standards formulated by the state.

Article 16The certification body shall publish to the public the pattern (including the symbols used), text, name, scope of application, identification method, use method and other information of the certification mark.

Article 17The certification body shall establish a certification mark management system, clarify the rights and obligations of the users of the certification mark, implement effective follow-up investigation on the use of the certification mark by the certified organization, and find that the certified products, services, and management systems cannot meet the certification requirements. A decision to suspend or stop its use of the certification mark shall be made in a timely manner and announced.

Article 18Organizations that have obtained product certification shall correctly use product certification marks in advertisements, product introductions and other promotional materials, and may mark product certification marks on certified products and their packaging, but shall not use product certification marks to mislead the public into thinking that their services and management systems have passed certification.

Article 19Organizations that have obtained service certification shall correctly use the service certification mark in advertising and other relevant publicity, and may hang the service certification mark in the area where the service certification is obtained, but shall not use the service certification mark to mislead the public that their products and management systems have passed the certification.

Article 20The organization that has obtained the management system certification shall correctly use the management system certification mark in advertising and other relevant publicity, and shall not mark the management system certification mark on the product. Only when the certified organization has passed the relevant management system certification can the management system certification mark be marked on the product packaging.

Chapter IV Supervision and Inspection

Article 21The State Administration of Market Supervision and Administration organizes local market supervision and management departments at or above the county level to supervise and inspect the use of certification certificates and certification marks, and investigate and deal with illegal acts of forgery, fraudulent use, transfer and illegal trading of certification certificates and certification marks in accordance with the law.

Article 22The State Administration of Market Supervision and Administration shall supervise and inspect the management of certification certificates and certification marks of certification bodies.
The certification body shall provide an annual report to the State Administration of Market Supervision and Administration on the management of its certification certificate and certification mark. The annual report shall include its follow-up investigation of the use of certification certificates and certification marks by certified organizations.

Article 23The certification body shall publish relevant information such as the use of its certification certificate and certification mark, so as to facilitate public inquiry and social supervision.

Article 24Any unit or individual may report to the market supervision and administration department for illegal and illegal acts such as forgery, fraudulent use, transfer and illegal trading of certification certificates and certification marks.

Chapter V Penalties

Article 25In violation of the provisions of Article 12 of these Measures, the local market supervision and management department at or above the county level shall order it to make corrections within a time limit, and impose a fine of less than 20000 yuan if it fails to make corrections within the time limit.

If it fails to pass the certification, but uses false words on its products or product packaging, advertisements and other publicity to indicate that it has passed the certification, the local market supervision and administration department at or above the county level shall punish it according to the illegal act of forging or fraudulently using the certification mark.

Article 26Whoever, in violation of the provisions of these Measures, forges or falsely uses the certification certificate, the local market supervision and administration department at or above the county level shall order it to make corrections and impose a fine of 30000 yuan.

Article 27In violation of the provisions of these Measures, illegal trading or transfer of certification certificates, local market supervision and management departments at or above the county level shall order them to make corrections and impose a fine of 30000 yuan; certification bodies that sell or transfer certification certificates to certification clients who have not passed the certification shall be punished in accordance with the provisions of Article 61 of the Regulations.

Article 28If the certification mark formulated by the certification body violates the provisions of Article 15 of these Measures, it shall be punished in accordance with the provisions of Article 60 of the Regulations; if it violates the provisions of other laws and administrative regulations, it shall be punished in accordance with other laws and administrative regulations.

Article 29If the certification body finds that its certified products, services and management systems cannot continuously meet the certification requirements, and fails to suspend its use of the certification certificate and certification mark in time, or fails to revoke the certification certificate or stop its use of the certification mark in time, it shall be punished in accordance with Article 59 of the regulations.

Article 30If the certification body violates the provisions of Article 16 and Article 23 of these Measures and fails to publish relevant information to the public, it shall be ordered to make corrections within a time limit; if it does not make changes within the time limit, it shall be warned.

Article 31Whoever forges, fraudulently uses or illegally trades in authentication marks shall be punished in accordance with the provisions of relevant laws and administrative regulations such as the the People's Republic of China Product Quality Law and the the People's Republic of China Law on Import and Export Commodity Inspection.

Chapter VI Supplementary Provisions

Article 32The fees for certification certificates and certification marks shall be implemented in accordance with the relevant national price laws and administrative regulations.

Article 33The State Administration of Market Supervision and Administration shall be responsible for the interpretation of these Measures.

Article 34These Measures shall enter into force as of August 1, 2004. The Measures for the Administration of Product Quality Certification Certificates and Certification Marks issued by the former State Administration of Technical Supervision on February 10, 1992 and the Measures for the Administration of Import and Export Commodity Marks issued by the former State Administration of Commodity Inspection on September 21, 1995 Some provisions on certification marks shall be repealed at the same time.