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Management Method of Certificate and Certification Mark
Management Method of Certificate and Certification Mark
《Management Method of Certificate and Certification Mark》was discussed and approved by working meeting of AQSIQ on April 30,2004, which will be implemented since August 1, 2004.
Director
June 23, 2004
Management Method of Certificate and Certification Mark
Chapter 1 General rules
Clause 1 Set up this rule according to 《Certification and Accreditation Rules of People's Republic of China》（hereafter referred to rules as abbreviated） and other relevant laws and administrative regulations, for enhancing supervision management of the certification certificate/mark (hereafter referred to certificate and certification mark as abbreviated) of product, service, management system, standardizing usage of certification certificate/mark, protecting the legal right of certificated organization/public, promoting the development of certification activities orderly.
Clause 2 The certificate mentioned in this measure is the proof document which obtained by passing the certification of product, service, management system. The certificate includes product certificate, service certificate and management system certificate.
The certification mark mentioned in this measure is specific symbol, pattern or combination of symbol, pattern and literal which certify product, service, management system have passed certification. Certificate mark includes product certification mark, service certification mark and management system certification mark.
Clause 3 This measure is adapted to the setting, issue, register, use， supervision/inspection of certification certificate/mark.
Clause 4 The Certification and Accreditation Administration of the People’s Republic of China（hereafter referred to CNCA as abbreviated）take charge of the management, supervision and coordination of certification certificate/mark legally.
Local quality/technology supervision department and imported and exported Inspection and Quarantine institution（hereafter referred local certification supervision administration as abbreviated）take charge of supervision/inspection of regional certification certificate/mark legally according to each responsibility.
Clause 5 Prohibit forgery, fraudulent use/transfer and contraband of certification certificate/ mark.
Chapter 2 Certificate
Clause 6 The certification institute should engage in certification activities according with the certification basic criterion/rules, and should issue the certificate to the certification client within the prescribed time-limit if the product passed the certification.
Clause 7 Product certificate include following basic content:
1 Name and address of client;
2 Product name, type/model and specification, description of product function and characteristic if necessary;
3 Product trade mark, name and address of manufacturer;
4 Name and address of factory;
5 Standard and specification of certification reference;
6 Certification mode;
7 Certificate number;
8 Certification institute, issue date and term of validity;
9 Other items that should be explained necessarily.
Clause 8 Service certificate include following basic content:
1 Name and address of the certificated organization;
2 Business covered scope of certificated service;
3 Standard and specification of certification reference;
4 Certificate number;
5 Certification institute, issue date and term of validity;
6 Other items that should be explained necessarily.
Clause 9 Management system certification include following basic content:
1 Name and address of the certificated organization;
2 Business covered scope of certificated organization management system;
3 Standard and specification of certification reference;
4 Certificate number
5 Certification institute, issue date and term of validity;
6 Other items that should be explained necessarily.
Clause 10 Certificated organization should use certificate and related information correctly in advertisement and propaganda activity. Certificated organizations and individuals should apply for update to certificate institute when the certificated product, service or management system has important change. The certificate will be stopped to use if they are not be updated or not met certification requirement by certification institute investigation.
Clause 11 Certification institute should set up certificate management system, carry out effective tracking investigation on the conditions of the certificated organization and individual using the certificate. Certificate must be suspended to use until it will be canceled and proclaim publicly when fail to consistent with certificate requirement; Revoke cancelled certificate; and proclaim publicly when fail to revoking.
Clause 12 No using the product certification, related literal and symbol to misguide the public that the service and the management system have passed the certificate; No using the service certification, related literal and symbol to misguide the public that the product and the management system have passed the certificate; No using the management system certification, related literal and symbol to misguide the public that the product and the service have passed the certificate.
Chapter 3 Certification Mark
Clause 13 Certification marks are classified into compulsory certification mark and voluntary certification mark.
Voluntary certification marks include national regulated voluntary certification mark and certification institute-set certification mark.
Compulsory certification mark and national regulated voluntary certification mark are exclusive of national certification mark.
Certification institute-set certification mark is exclusive of certification institute certification mark.
Clause 14 The set and use of compulsory certification mark and national regulated voluntary certification mark is legally prescribed by CNCA and proclaim publicly.
Clause 15 The pattern （including used symbol）, literal and name of certification mark which set by certification institute should observe the following regulations:
No same to or similar with compulsory certificate mark, national regulated voluntary certificate mark or certificate institute-set certificate mark which has been registered by the CNCA;
No violating social administration order;
No using the social public resources which the public are familiar with or literal, symbol and pattern of certificate name which has specific meaning as a part of certificate mark （such as use literal, symbol and pattern that mean safety, healthy, environmental protection, green and pollution-free）;
No using literal, symbol and pattern as a part of certificate mark which will misguide the public easily, cause social discrimination, derogatory from social morals and prevailing custom and other harmful influence;
Other laws, administrative regulations or related national technology criterion, standard.
Clause 16 Certification institute-set certificate mark should be registered to the CNCA within 30 days since issue.
Clause 17 If apply for register, the certification institute should submit writing material of pattern(including used symbol), literal, name, applied extent, identification method, use method and other conditions, etc.
The CNCA should audit the submitted document accord to related regulations of this measure within 30 days since receiving the register document. Proclaim publicly if these documents meet 15th clause of this measure; and inform to correct if above document do not meet 15th item.
Clause 18 Certification institute should set up certificate mark management system, define users’ rights and liability, carry out effective tracking investigation for certification mark using condition of certificated organization, and make the decision of suspending or stopping certification mark using in time and proclaim publicly when certificated product/service/management system fail to consistent with certification requirements.
Clause 19 Product certificated organization should use product certification mark correctly in advertisement, product brochure and other publicity release, and product certification mark can be labeled on the certificated product and its pack, no using the product certification mark to misguide the public that the service and the management system have passed the certification.
Clause 20 Service certificated organization should use service certification mark correctly in advertisement and related propaganda, and service certification mark can be hung in service certificated location, no using the service certification mark to misguide the public that the product and the management system have passed the certificate.
Clause 21 Management system certificated organization should use management system certification mark correctly in advertisement and related propaganda, and management system certification mark can be labeled on the product pack only if noting certificated organization has passed related management system certification.
Chapter 4 Supervision and audit
Clause 22 The CNCA organizes the local certification supervision administration to carry out supervision and audit on the use of certification certificate/mark, and legally punish the illegal activities such as forgery, fraudulent use, contraband of certificate and certification mark.
Clause 23 The CNCA carries out supervision and audit on certification certificate/mark management condition of certification institute.
Certificate institute should submit annual report of certification certificate/mark management condition to the CNCA, which should include its tracking investigation conditions of the certificated organization using the certification certificate/mark.
Clause 24 Foreign certification mark-owner or his authorized consignee can apply for foreign certification mark record to the CNCA. Record include pattern（include symbol used）, literal, name, applied scope, identification method, certification mark-owner and use update, etc….
The certification mark made by foreign investment certification institute (which established in China) itself should handle record according to Clause 16 of this measure.
Clause 25 Certificate institute should proclaim publicly using information of its certification/certificate mark for the public making an inquiry and social supervision.
Clause 26 Any unit or individual could report to the CNCA or local certification supervision administration against the illegal activities such as forgery, fraudulent use, contraband of certification certificate/mark, etc….
Chapter 5 Penalty
Clause 27 Local certification supervision administration should charge organization and individual to correct within time limit who violated the regulation of clause 12 of this measure to confuse the use of certification certificate/mark, a fine below RMB20,000.00 will be imposed on who has fallen behind with the correction.
Local certification supervision administration should punish organizations and individuals as forgery, fraudulent use of certification mark and illegal activities who use false literal on their product, product pack, advertisement or other propaganda to indicate that their product has passed certificate, but their product has not passed certificate actually.
Clause 28 Local certification supervision administration should charge organization and individual to correct and impose a fine of RMB30,000.00 on whom violated the regulation of this measure, forging, fraudulent used of certification.
Clause 29 Local certification supervision administration should charge organization and individual to correct and impose a fine of RMB30,000.00 on whom violated the regulation of this method, contraband, transfer of certificate; certification institute sold or transferred certificate to certification consignee who has not passed certificate will be punished according to the rules of clause 62.
Clause 30 Certification mark set by certification institute itself will be punished according to the clause 61 of rules when violating clause 15 of this method; Certification mark set by certification institute itself will be punished according to other laws and administrative regulations when violating other laws and administrative regulations.
Clause 31 Certificate institute found that the product, service and management system fail to consistent with certificate requirement persistently, but it did not intermit the use of certification certificate/mark in time, cancel the certification in time or stop the use of certification mark, then the certificate institute will be punished according to clause 60 of rules.
Clause 32 Certificate institute failed to proclaim publicly using information of its certification certificate/mark according to regulations, charging it to correct within time limit and give warning if it has fallen behind with the correction.
Clause 33 Person who forged, fraudulent used, transferred and contraband of certification certificate/mark will be punished according to 《P.RC. Product Quality Law》and 《P.R.C. Imports and Exports Goods Inspection Law》and such related law or administrative rules.
Chapter 6 Supplementary Articles
Clause 34 The charge of the certification certificate/mark should accord with the regulations of national related price laws and administrative regulations.
Clause 35 This measure is explained by China General Administration for Quality Supervision, Inspection and Quarantine Bureau.
Clause 36 This measure will be implemented since August 1, 2004. The part of regulations about certification mark in 《Product Quality Certification Certificate/Mark Management Measure》 that issued by former China Technology Supervision Bureau on February 10, 1992 and 《Import and Export Goods mark Management Measure》 that issued by former China Commodity Inspection Bureau on September 21, 1995 will be abolished simultaneously. [1]
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