Provisions on the Accreditation of Foreign Inspection Laboratories (for Trial Implementation)
PROVISIONS ON THE ACCREDITATION OF FOREIGN INSPECTION
LABORATORIES (FOR TRIAL IMPLEMENTATION)
(Promulgated by State Administration of Import and Export
Commodity Inspection on August 15, 1988)
CONTENTS
CHAPTER I GENERAL PROVISIONS
CHAPTER II ACCREDITATION AUTHORITY
CHAPTER III FUNDAMENTAL REQUIREMENTS FOR ACCREDITATION
CHAPTER IV ACCREDITATION PROCEDURES
CHAPTER V DUTIES AND RIGHT OF AN ACCREDITED LABORATORY
CHAPTER VI SUPERVISION
CHAPTER VII SUPPLEMENTARY ARTICLES
CHAPTER I GENERAL PROVISIONS
@@ Article 1. In accordance with the Regulations on the
Inspection of Import and Export Commodities of the People's
Republic of China and the Administration Regulations on Quality of
Import Commodities issued by the State Administration of Import and
Export Commodity Inspection of the People's Republic of China,
the State Economic Commission, Ministry of Foreign Economic Relations
and Trade and the Customs General Administration, the Provisions on
the Accreditation of Foreign Inspection Laboratories are formulated to
facilitate the international trade, strengthen the inspection,
supervision and administration of import commodities and to
provide services of necessary inspection and accreditation
for foreign manufacturers and traders to introduce their products
into Chinese market.
@@ Article 2. The State Administration of Import and Export
Commodity Inspection of the People's Republic of China (hereinafter
referred to as the State Administration of Commodity Inspection)
conducts accreditation of foreign inspection laboratories (including
inspection organizations, which are generally referred to as foreign
inspection laboratories) applying for qualification as the
Inspection Laboratories of Chinese Import and Export Commodities. Any
foreign inspection laboratory intending to carry our inspection,
quality certification, type test of inspection marks and quality
licensing of Chinese import commodities, or intending to act as
agent to inspect and supervise the production conditions in factories
shall go through the procedures under these Provisions.
@@ Article 3. Foreign inspection laboratories meeting the
requirements of accreditation standards shall be granted the
qualification as Inspection Laboratories of Chinese Import and Export
Commodities.
CHAPTER II ACCREDITATION AUTHORITY
@@ Article 4. The Administration of Commodity Inspection is the
competent accreditation authority in charge of the administration on
application and assessments of foreign inspection laboratories.
CHAPTER III FUNDAMENTAL REQUIREMENTS FOR ACCREDITATION
@@ Article 5. any foreign inspection laboratory seeking
accreditation shall meet the fundamental requirements as follows:
(1) Registered in its own country in accordance with the local
legal provisions, having the right as a legal person;
(2) Indepentently undertaking the inspection of production,
design, development and management of commodities and maintaining
a fair and impartial position;
(3) Provided with all proper conditions of organizational structure,
staff, rules and regulations, tests and measurements, equipment and
instruments and environment to ensure the performance of inspection,
conforming to the stipulations of the Detailed Rules on the
Assessment of Foreign Inspection Laboratories.
CHAPTER IV ACCREDITATION PROCEDURES
@@ Article 6. The foreign laboratories seeking accreditation
shall ask State Administration of Commodity Inspection for an
application form which the laboratories shall fill in and send back to
the State Administration of Commodity Inspection together with the
quality guarantee manual (both Chinese and English copies will do,
but the Chinese copy is preferred).
@@ Article 7. The State Administration of Commodity Inspection
shall designate examination teams (3 or 4 persons per team)
to perform examination and verification of the submitted
application documents and query the points to be further
investigated. If the documents are found up to the requirements
through examination and verification, a "Notice of Designating
Teams for Assessment" shall be sent to the applicant and, at the
same time, the fee of application for accreditation is charged. The
laboratories shall be responsible to arrange the visit of the
examination teams and bear all the expenses necessary for the
examination and assessment.
@@ Article 8. The examination team shall conduct assessment of the
foreign inspection laboratory seeking accreditation against the
fundamental requirements and the Detailed Rules on the Assessment of
Foreign Inspection Laboratories stipulated in Chapter III of the
present Provisions, and make out an assessment report which
shall be submitted to the State Administration of Commodity
Inspection.
@@ Article 9. The State Administration of Commodity Inspection shall
grant the qualified applicants approval. Those unqualified are
allowed to make improvement during a period of no more than three
months, within which the laboratories shall submit testimony of an
overall improvement, and if necessary, are subject to a second
time inspection and assessment by the assessors, which shall be
approved by the State Administration of Commodity Inspection. If the
laboratories fail to submit the testimony of an overall improvement by
the time limit, no accreditation shall be approved.
The State Administration of Commodity Inspection shall
issue an accreditation certificate to the approved applicant and
publish, in the form of an "Accreditation Bulletin", the name of the
accredited laboratory which is at the same time written down in the
Catalogue of the Accredited Foreign Inspection Laboratories. From
the date of accreditation, the accredited laboratory shall
obtain the qualification for the designated inspection, and pay
annual dues to the State Administration of Commodity Inspection.
CHAPTER V DUTIES AND RIGHT OF AN ACCREDITED LABORATORY
@@ Article 10. After examination and accreditation, the
State Administration of Commodity Inspection shall accredit
the foreign inspection laboratory, according to its application,
to one or several items of inspection and examination on Chinese
import commodities as follows:
they are:
(1) Examination on the conditions and capability of a factory
engaged in producing import commodities that have gone through quality
licensing;
(2) Type test on samples of products that have gone through
quality licensing;
(3) Routine supervision of the import commodities that have obtained
safety marks and quality certificate;
(4) Examination on the conditions and capability of a factory
voluntary to seek the certification of products;
(5) Type test on samples of products voluntary to seek certification;
(6) Routine supervision of the products that have obtained the
quality certification;
(7) Other performances designated by the State Administration of
Commodity Inspection and the local inspection authorities;
(8) Inspection services designated by China National Import and
Export Commodity Inspection Corporation under the guidance of
the State Administration of Commodity Inspection.
@@ Article 11. In carrying out the aforesaid inspections, the
accredited foreign inspection laboratories must abide by the laws
and regulations of China, comply with Chinese quality and safety
standards, the terms in the contract signed by both parties
involved in foreign trade and the stipulations in other relevant
documents.
@@ Article 12. In carrying out the aforesaid inspections, the
accredited foreign inspection laboratories shall charge the applicant
inspection fees. The rate of collecting fees shall be drawn up by
the laboratory depending on the rules of its own country with the
principle of reasonable and fair, and send to the State
Administration of Commodity Inspection for further reference.
CHAPTER VI SUPERVISION
@@ Article 13. The State Administration of Commodity Inspection
shall undertake supervision and random examination on the
accredited foreign inspection laboratories. When one of the
following cases occurs, the laboratory shall be demanded to "take
corrective actions within a definite period of time", punished by
"suspension of commodity inspection and test" or even "withdrawal of
the accreditation". They are:
(1) When the fundamental conditions under which the inspection
laboratory acquired accreditation have changed to such a large
extent that it can no longer meet the requirements of Chapter III;
(2) when the Accreditation Certificate has been transferred to others;
(3) When false inspection data have been supplied intentionally;
(4) When big mistakes have occurred during inspection, leading to
serious consequences; or
(5) When the laboratory is on the brink of bankruptcy.
@@ Article 14. The Accreditation Certificate will be effective for
a term of three years. If it is necessary to prolong the term, the
laboratory may apply to the State Administration of Commodity
Inspection for re-inspection by the end of the three years. The
State Administration of Commodity Inspection shall approve a
renewed accreditation to the laboratory when, after re-inspection, the
technical capability of the laboratory is found up to the original
requirements of inspection.
CHAPTER VII SUPPLEMENTARY ARTICLES
@@ Article 15. The present provisions shall come into force from
the date of promulgation. The right of interpretation rests
with the State Administration of Commodity Inspection.