中华人民共和国标准化法实施条例 REGULATIONS FOR THE IMPLEMENTATION OF THE STANDARDIZATION LAW OF THE PEOPLES REPUBLI

s in setting up examination agencies， attention should be paid to a rational geographical allocation and making full use of the available personnel and facilities.

　　The establishment of state examination agencies shall be planned and examined by the administrative department in charge of standardization under the Stat

e Council in conjunction with the relevant administrative departments under the State Council. The establishment of local examination agencies shall be planned and examined by the administrative departments in charge of standardization in the people's governments of the provinces， autonomous regions and municipalities directly under the Central Government in conjunction with the relevant administrative authorities at provincial level. The data provided by the examination agencies stipulated in this Article shall be taken as the criterion in solving disputes over whether certain products are up to the relevant standards.

　　Article 30 The relevant administrative departments under the State Council may， according to the needs and relevant stipulations of the State， set up examination agencies to undertake the examination tasks in their trades and departments.

　　Article 31 State organs， social organizations， enterprises， institutions and citizens all have the right to inform against and expose acts of violating compulsory standards.

　　Chapter V Legal Liability

　　Article 32 Those who violates the Standardization Law and the relevant provisions of these Regulations in one of the following circumstances shall be ordered to correct their mistakes within a set time-limit by the administrative departments in charge of standardization or the relevant administrative authorities within their respective competence， which may also circulate notices of criticism or give administrative sanctions to the persons held responsible for the violations：

　　（1） enterprises fail to formulate standards as the basis for organizing production according to the relevant stipulations；

　　（2） enterprises fail to report standards for products to higher authorities for the record according to the relevant stipulations；

　　（3） enterprises fail to put marks on their products according to the relevant stipulations or put marks other than their own on their products；

　　（4） enterprises fail to meet standardization requirements in developing new products， improving products and carrying out technical innovations；

　　（5） provisions concerning relevant compulsory standards are violated in scientific. research， designing and production.

　　Article 33 Enterprises that produce products which fail to meet compulsory standards shall be ordered to stop production and their products shall be confiscated， destroyed under supervision or subjected to necessary technical treatment. A fine ranging from 20% to 50% of the total value of the goods shall be imposed on the enterprises and a fine of 5，000 yuan or less on the persons held responsible.

　　Those who sell goods which are not up to the compulsory standards should be ordered to stop their sales and recover the goods which have already been sold within a set time-limit. All the goods should be destroyed under supervision or subjected to necessary technical treatment. The illegal gains shall be confiscated and a fine ranging from 10% to 20% of the total value of the goods shall be imposed on the units and a fine of 5，000 yuan or less on the persons held responsible.

　　If any units import goods which are not up to compulsory standards， the goods should be sealed up for safekeeping and confiscated， destroyed under supervision or subjected to necessary technical treatment. A fine ranging from 20% to 50% of the total value of the imported goods shall be imposed on the units； administrative sanctions shall be given to and a fine of 5，000 yuan or less may also be imposed on the persons held responsible. The order to stop production and the administrative sanctions provided for in this Article shall be decided by the relevant administrative authorities. Other administrative sanctions shall be decided by the administrative departments for standardization and the administrative departments in charge of industry and commerce within their competence.

　　Article 34 Where units cause serious consequences and commit crimes by producing， marketing and importing products which fall short of the compulsory standards， the persons directly responsible shall be investigated for criminal liabilities by the judicial organs according to law.

　　Article 35 Where products which have obtained attestation certificates and are sold with attestation marks are not up to the attestation standards， the administrative departments in charge of standardization shall order the relevant units to stop their sales and impose a fine twice the amount of the illegal gains or less. In more serious cases， the attestation departments shall revoke their attestation certificates.

　　Article 36 If any units sell their goods with attestation marks when the goods have not been attested or have been rejected in attestation， the administrative departments in charge of standardization shall order them to stop their sales and impose a fine three times the amount of the illegal gains or less on these units and a fine of 5，000 yuan or less on the persons in charge of these units.

　　Article 37 Litigants that disagree with penalties of confiscation of goods and illegal gains and fines， may， within 15 days of receipt of notification of such penalties， apply for reconsideration to the organs immediately superior to the authorities which have meted out the penalties. A litigant that disagrees with a reconsideration decision， may， within 15 days of receipt of the reconsideration decision， file a suit with a people's court. A litigant may also directly file a suit with a people's court within 15 days of receipt of notification of the penalties. If a litigant neither applies for a reconsideration nor files a suit with a people's court nor performs the penalty decision， the department which has made the decision shall apply to the people's court for mandatory enforcement.

　　Article 38 The penalties provided for in Articles 32 to 36 of these Regulations shall not exempt the litigant from the damages liabilities arising therefrom. Those who have suffered damages have the right to claim compensation from the persons held responsible. Damages liabilities and disputes over the amounts of compensation may be dealt with by the relevant administrative authorities and the litigants may also directly file a suite with a people's court.

　　Article 39 Persons in charge of supervision， examination and administration of standardization work that commit one of the following acts shall be given administrative sanctions by the relevant competent authorities； if crimes result from those acts， they shall be investigated for criminal liabilities by the judicial organs according to law：

　　（1） making errors that cause damage in violation of certain provisions of these Regulations；

　　（2） forging and tampering with examination data；

　　（3） engaging in self-seeking misconduct， abusing power and asking for and accepting bribes.

　　Article 40 All the revenue derived from confiscation and pecuniary penalties shall be turned over to the state treasury. The fines imposed on units must all be paid from their own funds and may not be included in the cost. The fines imposed on the persons held responsible may not be reimbursed with public money.

　　Chapter VI Supplementary Provisions

　　Article 41 Regulations concerning standardization administration applicable in the Army shall be separately formulated by the State Council and the Military Commission of the Central Committee of the Communist Party of China.

　　Article 42 Regulations concerning standardization administration for project construction shall be separately formulated by the competent department in charge of project construction under the State Council in accordance with the Standardization Law and the relevant provisions of these Regulations. They shall go into effect after the approval by the State C

ouncil.

　　Article 43 These Regulations shall be interpreted by the State Bureau of Technology Supervision.

　　Article 44 These Regulations shall go into effect as of the date of promulgation

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