STANDARDIZATION LAW OF THE PEOPLE'S REPUBLIC OF CHINA ——附加英文版
The Standing Committee of the National People's Congress
STANDARDIZATION LAW OF THE PEOPLE'S REPUBLIC OF CHINA
(Adopted at the Fifth Meeting of the Standing Committee of the
Seventh National People's Congress on December 29, 1988, promulgated by
Order No. 11 of the President of the People's Republic of China on
December 29, 1988, and effective as of April 1, 1989)
Contents
Chapter I General Provisions
Chapter II Formulation of Standards
Chapter III Implementation of Standards
Chapter IV Legal Responsibility
Chapter V Supplementary Provisions
Chapter I General Provisions
Article 1
This Law is formulated with a view to developing the socialist commodity
economy, promoting technical progress, improving product quality,
increasing social and economic benefits, safeguarding the interests of the
State and the people and suiting standardization to the needs in socialist
modernization and in the development of economic relations with foreign
countries.
Article 2
Standards shall be formulated for the following technical requirements
that need to be unified:
(1) the varieties, specifications, quality and grades of industrial
products as well as the safety and sanitary requirements for them;
(2) the design, production, inspection, packing, storage, transportation
and methods of operation of industrial products as well as the safety and
sanitary requirements for them in the process of production, storage and
transportation;
(3) technical requirements and testing methods related to environmental
protection;
(4) the designs, construction procedure and safety requirements for
construction projects; and
(5) technical terms, symbols, code names and drawing methods related to
industrial production, project construction and environmental protection.
Major agricultural products and other items that need to be standardized
shall be designated by the State Council.
Article 3
The tasks of standardization shall include the formulation of standards
and organization of and supervision over the implementation of the
standards. Standardization shall be incorporated in the plan for national
economic and social development.
Article 4
The State shall encourage the active adoption of international standards.
Article 5
The department of standardization administration under the State Council
shall be in charge of the unified administration of standardization
throughout the country. Competent administrative authorities under the
State Council shall, in line with their respective functions, be in charge
of standardization in their respective departments and trades.
The departments of standardization administration of provinces, autonomous
regions and municipalities directly under the Central Government shall be
in charge of the unified administration of standardization within their
respective administrative areas. Competent administrative authorities
under the governments of provinces, autonomous regions and municipalities
directly under the Central Government shall, in line with their respective
functions, be in charge of standardization in their respective departments
and trades within their respective administrative areas.
The standardization administration departments and the competent
administrative authorities of cities and counties shall, in line with
their respective functions as assigned by the governments of provinces,
autonomous regions and municipalities directly under the Central
Government, be in charge of standardization within their respective
administrative areas.
Chapter II Formulation of Standards
Article 6
National standards shall be formulated for the technical requirements that
need to be unified nationwide. National standards shall be formulated by
the department of standardization administration under the State Council.
Where, in the absence of national standards, technical requirements for a
certain trade need to be unified, trade standards may be formulated. Trade
standards shall be formulated by competent administrative authorities
under the State Council and reported to the department of standardization
administration under the State Council for the record, and shall be
annulled on publication of the national standards. Where, in the absence
of both national and trade standards, safety and sanitary requirements for
industrial products need to be unified within a province, an autonomous
region or a municipality directly under the Central Government, local
standards may be formulated. Local standards shall be formulated by
departments of standardization administration of provinces, autonomous
regions and municipalities directly under the Central Government and
reported to the department of standardization administration and the
competent administrative authorities under the State Council for the
record, and shall be annulled on publication of the national or trade
standards.
Where, in the absence of both national and trade standards for products
manufactured by an enterprise, standards for the enterprise shall be
formulated to serve as the criteria for the organization of production. An
enterprise's standards for its products shall be reported to the
standardization administration department and the competent administrative
authorities under the local government for the record. Where national or
trade standards have been formulated, the State shall encourage
enterprises to formulate their enterprise standards, which are more
stringent than the national or trade standards, to be used in these
enterprises.
Where the formulation of standards is otherwise provided for by law, such
legal provisions shall be complied with.
Article 7
National standards and trade standards shall be classified into compulsory
standards and voluntary standards. Those for safeguarding human health and
ensuring the safety of the person and of property and those for compulsory
execution as prescribed by the laws and administrative rules and
regulations shall be compulsory standards, the others shall be voluntary
standards.
The local standards formulated by standardization administration
departments of provinces, autonomous regions and municipalities directly
under the Central Government for the safety and sanitary requirements of
industrial products shall be compulsory standards within their respective
administrative areas.
Article 8
The formulation of standards shall be conducive to ensuring safety and the
people's health, safeguarding consumer interests and protecting the
environment.
Article 9
The standards to be formulated shall be conducive to a rational use of the
country's resources, a wider utilization of scientific and technological
gains and the enhancement of economic returns, conform to operation
instructions, increase the universality and interchangeability of
products, and be technologically advanced and economically rational.
Article 10
The standards to be formulated shall be coordinated with and supported by
related standards.
Article 11
The standards to be formulated shall help promote economic and
technological cooperation with foreign countries and foreign trade.
Article 12
The roles of trade associations, scientific research institutions and
academic organizations shall be brought into play in the formulation of
standards. A department engaged in the formulation of standards shall
organize a committee on standardization technology composed of
specialists, which shall be responsible for the drafting of the standards
and shall participate in the examination of the draft standards.
Article 13
After the standards come into force, the department that formulated them
shall, in the light of scientific and technological developments and the
needs in economic construction, make timely reviews of the current
standards to determine if they are to remain effective or are to be
revised or annulled.
Chapter III Implementation of Standards
Article 14
Compulsory standards must be complied with. It shall be prohibited to
produce, sell or import products that are not up to the compulsory
standards. With regard to voluntary standards, the State shall encourage
their adoption by enterprises on an optional basis.
Article 15
With respect to products for which national or trade standards have been
formulated, enterprises may apply to the standardization administration
department under the State Council or agencies authorized by the same
department for product quality authentication. For products which are
authenticated to conform to the standards, certificates shall be issued by
the department that made the authentication and the use of the prescribed
authentication marks shall be permitted on such products and the packing
thereof.
If products for which authentication certificates have been granted do not
conform to national or trade standards, or if products have not undergone
authentication or found not up to the standards after the authentication
proceedings, no authentication marks shall be permitted for use on such
products leaving factories for sale.
Article 16
Technical requirements for export products shall comply with contractual
provisions.
Article 17
The development of new products, improvement of products or technical
renovation by an enterprise shall conform to standardization requirements.
Article 18
Departments of standardization administration under governments at or
above the county level shall be responsible for supervision over and
inspection of the implementation of the standards.
Article 19
Departments of standardization administration under governments at or
above the county level may, in accordance with needs, establish inspection
organizations or authorize inspection organizations of other units to
examine whether products conform to the standards. Where the laws and
administrative rules and regulations provide otherwise on inspection
organizations, such provisions shall apply.
Disputes over whether a product conforms to the standards shall be handled
in accordance with the inspection data provided by the inspection
organizations as specified in the preceding paragraph.
Chapter IV Legal Responsibility
Article 20
Whoever produces, sells or imports products that do not conform to the
compulsory standards shall be dealt with according to law by the competent
administrative authorities as prescribed by the laws and administrative
rules and regulations. In the absence of such prescriptions, his products
and unlawful proceeds shall be confiscated and he shall be concurrently
fined by the administrative authorities for industry and commerce; where
serious consequences are caused and crimes are constituted, the person
directly responsible shall be investigated for criminal responsibility in
accordance with the law.
Article 21
Where authentication marks are used on products leaving a factory for
sale, for which authentication certificates have been issued but which do
not conform to national or trade standards, the enterprise concerned shall
be ordered by the department of standardization administration to stop the
sale and shall be fined concurrently; where the circumstances are serious,
the authentication certificates shall be revoked by the department that
made the authentication.
Article 22
Whoever uses authentication marks, without authorization, on products
leaving a factory for sale, which have not undergone authentication or
have been found not up to the standards after the authentication
proceedings, shall be ordered by the department of standardization
administration to stop the sale and shall concurrently be fined.
Article 23
A party which refuses to accept the punishment of confiscation of its
products and of its unlawful proceeds and a fine may, within 15 days of
receiving the penalty notice, apply for reconsideration to the office
immediately above the one that made the punishment decision; a party which
refuses to obey the reconsideration decision may, within 15 days of
receiving the reconsideration decision, bring a suit before a people's
court. The party also may, within 15 days of receiving the penalty notice,
directly bring a suit before a people's court. If a party neither applies
for reconsideration nor brings a suit before a people's court within the
prescribed time nor complies with the punishment decision, the office that
made the punishment decision shall apply to a people's court for
compulsory execution.
Article 24
Personnel responsible for the supervision, inspection and administration
of standardization who violate the law or neglect their duties, or are
engaged in malpractices for personal gains, shall be given disciplinary
sanctions; where crimes are constituted, their criminal responsibility
shall be investigated in accordance with the law.
Chapter V Supplementary Provisions
Article 25
Rules for the implementation of this Law shall be formulated by the State
Council.
Article 26
This Law shall go into effect as of April 1, 1989.
Important Notice:
This English document is coming from the "LAWS AND REGULATIONS OF THE
PEOPLE'S REPUBLIC OF CHINA GOVERNING FOREIGN-RELATED MATTERS" (1991.7)
which is compiled by the Brueau of Legislative Affairs of the State
Council of the People's Republic of China, and is published by the China
Legal System Publishing House.
In case of discrepancy, the original version in Chinese shall prevail.
海口市绿化费收缴管理暂行办法
海南省海口市人民政府
海口市绿化费收缴管理暂行办法
各区人民政府、市政府直属各单位：
《海口市义务植树绿化费收缴管理暂行办法》已经2005年3月17日市政府十三届第38次常务会议审议通过，现予以发布。
2005年4月20日
第一条 为规范本市义务植树绿化费（以下简称绿化费）的收缴、使用和管理，根据全国五届人大四次会议《关于开展全民义务植树运动的决议》以及《国务院关于开展全民义务植树运动的实施办法》等有关法规规章的规定，结合本市实际，制定本办法。
第二条 凡在本市行政区域内居住的，男性11周岁至60周岁，女性11周岁至55周岁的公民（丧失劳动能力者除外），每人每年均应承担义务植树5棵或完成相应劳动量的育苗、管护及其他绿化任务。
未完成前款规定义务植树任务，年满18周岁且具有劳动能力的适龄公民，应当缴纳绿化费。
第三条 绿化费的具体收费标准按省价格、财政主管部门的规定执行。
第四条 市绿化委员会办公室（以下简称市绿委办）是收缴使用、管理绿化费的主管部门。
各区人民政府和各有关部门应当互相配合，协助做好绿化费的收缴工作。
第五条 下列未按本办法规定完成义务植树任务的人员应当缴纳绿化费：
（一）本市国家机关、事业单位中的适龄公民；
（二）在本市登记、注册的各类企业、社会团体、个体工商户从业人员中（不包括从事个体工商户的下岗失业人员）的适龄公民；
（三）在本市行政区域内居住，无固定单位的适龄公民。
第六条 丧失劳动能力者、在校学生以及从事农业生产的农民免缴绿化费。
对在校学生，应当根据实际情况，就近安排力所能及的劳动。
本市驻军（含武警）绿化费的收缴按照中央军委的有关规定执行。
第七条 具有下列情形之一的单位和个人，经市绿委办批准后可减（免）缴绿化费：
（一）经市人民政府相关部门批准设立的社会福利院、儿童福利院全部免缴；
（二）残疾人比例占40%以上的社会福利企业，按在职职工总人数的1/2缴纳。
（三）特种学校（如聋哑学校、盲童学校）全部免缴；
（四）享受本市最低生活保障的居民全部免缴。
减（免）缴绿化费的批准程序由市绿委办另行规定并公布。
第八条 收缴绿化费按下列规定办理：
（一）凡属市、区财政拨款的国家机关、事业单位以及群众团体，由市绿委办分别委托市、区财政主管部门代收；
（二）凡在我市行政区域内从事经营活动的各类企业、个体工商户以及自收自支的事业单位、社会团体，无固定单位的适龄公民，由市绿委办委托相关部门代收；
（三）除第（一）、（二）项规定外的其他单位和个人，由市绿委办负责收缴。
具体缴费方式、缴费时间、缴费单位以及人数由市绿委办确定并公布。
第九条 有关单位在收缴绿化费时，应当出具统一的《海南省政府非税收入一般缴款书》。
第十条 绿化费应当专户储存，专款专用，实行收支两条线管理，任何单位和个人不得截留、挪用。
第十一条 市绿委办应当编制绿化费年度使用计划，报市政府批准后，由市财政主管部门拨付使用。
绿化费应当用于本市全民义务植树、重点绿化工程建设和补救未完成义务植树任务的单位和个人工作所需，不得用于与绿化无关方面的支出。
第十二条 绿化费的使用和管理应当接受上级绿化委员会以及同级人大常务委员会、财政、审计部门的监督检查。
市绿委办应当向社会公布年度绿化费的收缴情况和使用情况，接受社会监督。
第十三条 不参加义务植树，又未按规定缴纳绿化费的单位和个人，由市绿委办责令其限期补缴。逾期不补缴的，由市绿委办给予通报批评。
第十四条 依照本办法作出的具体行政行为，缴费单位和个人不服的，可依法申请行政复议或提起行政诉讼。
第十五条 有关单位的工作人员在绿化费收缴、使用和管理的工作中，滥用职权、徇私舞弊或截留、挪用绿化费，尚不构成犯罪的，依法给予行政处分；构成犯罪的，依法追究刑事责任。
第十六条 本办法的具体应用问题由海口市绿化委员会办公室负责解释。
第十七条 本办法自2005年6月1日起执行。
