电信设备进网管理办法 Administration of the Network Connection of Telecommunications Equipment Procedures

t submit such equipment for testing or carry out anew the procedures for a network connection permit.

　　If the modifications to the external form of Telecommunications Equipment for which a network connection permit had been obtained are relatively minor and the Producer requests a reduction in test items or exemption from testing, it may submit photographs taken before and after the modifications, the before and after circuit diagrams, an explanation of the modifications, and post-modification samples, etc. to a testing institution for examination. Upon examination, the testing institution shall issue an opinion to the Telecommunications Regulatory Authority of the Ministry of Information Industry. If the testing institution is of the opinion that test items may be reduced or testing may be dispensed with and the Telecommunications Regulatory Authority of the Ministry of Information Industry agrees, the test items may be reduced or dispensed with.

　　Article 13　For new Telecommunications Equipment that is subject to the system of network connection permits but for which there are not yet any State or industry standards, the Producer shall itself submit samples to the testing institution and the testing unit shall carry out tests in accordance with international standards or the enterprise's standards, whereupon it shall issue a test report.

　　The Telecommunications Regulatory Bureau of the Ministry of Information Industry shall examine the test report and the relevant materials and, provided that State industrial policies are complied with and that the equipment does not effect the security of, and unimpeded communication on, the network, approve network connection for testing purposes. Once State and/or industry standards are issued, a network connection permit shall be obtained in accordance with procedures.

　　Article 14　Where China has entered into agreements with the governments of other countries or regions for the mutual recognition of Telecommunications Equipment testing laboratories and test reports, matters shall be handled in accordance with such agreements.

　

　PART THREE　NETWORK CONNECTION PERMITS AND THE NETWORK CONNECTION PERMISSION MARK

　　Article 15　A Producer shall affix the network connection permission mark to its Telecommunications Equipment for which a network connection permit has been obtained. Network connection permission marks shall be centrally printed and issued by the Ministry of Information Industry. The network connection permission mark is a quality mark.

　　The network connection permission mark may not be affixed to Telecommunications Equipment for which no network connection permit has been obtained or the network connection permit for which has become void.

　　Article 16　Network connection permits and network connection permission marks may not be assigned, altered, forged or passed off.

　　Article 17　A network connection permit shall be valid for three years.

　　If a Producer needs to continue producing and selling Telecommunications Equipment for which it has obtained a network connection permit, it shall, three months before the term of its network connection permit expires, submit an application for a new permit accompanied by a test report on samples provided or a product quality supervision spot check report issued within the last year and return the original permit.

　　Article 18　If a change occurs to the particulars specified on the Telecommunications Equipment network connection permit, the Producer shall carry out anew the procedures for a network connection permit.

　　Article 19　A Producer that has obtained a network connection permit shall provide photocopies of the same to its distributors and users that require a photocopy of the network connection permit. The person in charge of the Producer shall sign and affix the official seal of the Producer to the photocopies. The Producer shall keep a record of the serial numbers assigned to the photocopies.

　　Article 20　Producers shall indicate the numbers of their network connection permits on the packaging of the Telecommunications Equipment for which they have obtained network connection permits and the advertisements for such equipment that they publish.

　　PART FOUR　SUPERVISION AND ADMINISTRATION

　　Article 21　The Ministry of Information Industry shall periodically publish a list of the Telecommunications Equipment for which network connection permits have been obtained and the Producers that have obtained such permits.

　　Producers that obtain a network connection permit shall report the same to the communications regulatory bureaux of the provinces, autonomous regions or municipalities directly under the central government where they are located and submit themselves to the supervision and administration of such bureaux.

　　No unit may submit Telecommunications Equipment for which a network connection permit has been obtained to new tests or issue a new permit therefor.

　　Article 22　The communications regulatory bureaux of provinces, autonomous regions and municipalities directly under the central government shall carry out an annual inspection of the Telecommunications Equipment for which network connection permits have been obtained and Producers that have obtained such permits within their administrative territories before 31 December each year and shall collate the information on the annual inspection and submit it to the Telecommunications Regulatory Bureau of the Ministry of Information Industry before 31 January of the subsequent year.

　　Article 23　A Producer that has obtained a Telecommunications Equipment network connection permit shall ensure that its Telecommunications Equipment after obtaining the network connection permit is consistent with the Telecommunications Equipment before obtaining such permit and ensure that product quality is stable and reliable, and it may not lower the quality or performance of the product.

　　The Ministry of Information Industry, in cooperation wit

h the State Council's product quality supervision department, shall carry out follow-up quality and supervisory spot checks of Telecommunications Equipment for which a network connection permit has been obtained and publish the results of such spot checks.

　　Article 24　Telecommunications Equipment for which a network connection permit has been obtained and its outer packaging must bear the Chinese labelling specified by the State. A manual and repair warranty card in Chinese must be included with the product. For products that the State requires to be covered by a repair, replacement and return warranty, the relevant certificate shall be included as well.

　　Article 25　Telecommunications carriers may not use Telecommunications Equipment that is subject to the system of network connection permits but for which no network connection permit has been obtained.

　　Article 26　Subscribers are entitled to select Telecommunications Terminal Equipment at their own discretion and telecommunications carriers may not prevent a subscriber from using his own Telecommunications Terminal Equipment for which a network connection permit has been obtained.

　　Article 27　Telecommunications Equipment testing institutions and product quality certification institutions must implement State standards, industry standards and the regulations of the Ministry of Information Industry. Testing institutions and product quality certification institutions and their personnel may not engage in falsification and fabrication or use their positions to steal or disclose the technical secrets of Producers.

　　PART FIVE　PENAL PROVISIONS

　　Article 28　Violations of these Procedures by selling Telecommunications Terminal Equipment for which no network connection permit has been obtained shall be punished by the communications regulatory bureaux of the provinces, autonomous regions and municipalities directly under the central government with an order to rectify the matter and a fine of not less than Rmb 10,000 and not more than Rmb 100,000.

　　Article 29　Violations of these Procedures by forging, passing off or assigning network connection permits, by fabricating network connection permit numbers or by affixing forged network connection permission marks shall be punished by the Ministry of Information Industry or the communications regulatory bureaux of the provinces, autonomous regions and municipalities directly under the central government by the confiscation of the illegal income and the imposition of a fine of not less than three times and not more than five times the illegal income. If there is no illegal income or the illegal income is less than Rmb 10,000, a fine of not less than Rmb 10,000 and not more than Rmb 100,000 shall be imposed.

　　Article 30　If a Producer violates these Procedures by lowering the quality and performance of its products after obtaining a network connection permit, the product quality supervision authority shall punish it in accordance with the relevant laws and regulations.

　　Article 31　If a Producer violates these Procedures by failing to indicate its network connection permit number on the outer packaging of Telecommunications Equipment for which it has obtained a network connection permit and in advertisements for such equipment that it publishes, the Ministry of Information Industry or the communications regulatory bureau of the province, autonomous region or municipality directly under the central government shall order it to rectify the matter and give it a warning.

　　Article 32　If a Producer violates these Procedures by committing any of the acts set forth below, the Ministry of Information Indus

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