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全国人民代表大会常务委员会关于修改《中华人民共和国产品质量法》的决定 附:修正本 Decision of the standing Committee of the National Peoples

2009-03-24 法律英语 来源:互联网 作者:

(adopted at the 16th Meeting of the Standing Committee of the Ninth National People's Congress on July 8, 2000)
颁布日期:20000708  实施日期:20000901  颁布单位:全国人大常委会

  Order of the President of the People's Republic of China No.33

  The Decision of the Standing Committee of the National People's Congress on revision of the Law of the People's Republic of China on Product Quality, adopted at the 16th Meeting of the Standing Committee of the Ninth National People's Congress of the People's Republic of China on July 8, 2000, is Hereby promulgated and shall go into effect as of September 1, 2000.

  Jiang Zemin

  President of the People's Republic of China

  July 8, 2000

  At its 16th Meeting, the Standing Committee of the Ninth National People's Congress decides to make the following revisions of the Law of the People's Republic of China on Product Quality:

  1.Article 1 is revised as follows: "This Law is enacted to strengthen the supervision and control over product quality, to protect the legitimate rights and interests of consumers and to safeguard the social and economic order."

  2.The third paragraph of Article 2 is revised as follows: "This Law shall not apply to construction projects. However, it shall be applicable to those materials, construction, fittings and equipment used for construction which fall within the scope of the definition mentioned in the preceding paragraph."

  3.One article is added as Article 3: "Producers and sellers shall establish and improve their internal system for product quality control, and strictly apply the quality standards for jobs, the quality responsibility system and the related check measures."

  4.ONe article is added as Article 7: "People's governments at various levels shall incorporate the improvement of product quality into their plans for national economic and social development, improve their overall planning, organization and leadership in respect of product quality, provide guidance to producers and sellers and urge them to tighten control over product quality and improve product quality, ensure that the government departments concerned will, in the process of manufacture and sale of products, and guarantee that this Law is implemented."

  5.Article 6 is changed as Article 8 and revised as follows: "The department for supervision over product quality under the State Council shall be responsible for supervision over product quality throughout the country.The relevant departments under the State Council shall be responsible for supervision over product quality within the scope of their respective functions and responsibilities.

  "Local departments for supervision over product quality at or above the county level shall be in charge of supervision over product quality within their respective administrative regions. The relevant departments in the local people's governments at or above the county level shall be responsible for supervision over product quality within the scope of their respective functions and responsibilities.

  "Where laws provide otherwise with respect to departments for supervision over product quality, the provisions of such laws shall apply."

  6.One article is added as Article 9: "No functionaries of the local people's governments at various levels or of other State organs may abuse their power, neglect their duty, engage in malpractices for personal gain, shield or connive at violations of this Law committed in the process of manufacture or sale within their own regions, or obstruct or interfere in the investigation and handling of such violations.

  "where a local people's government at any level or a State organ shields or connives at violations of this Law committed in the process of manufacture or sale, the person who is chiefly responsible shall be investigated for legal responsibility in accordance with law."

>  7.One article is added as Article 10: "All units and individuals shall have the right to inform the departments for supervision over product quality or other relevant departments against any violations of this Law.

  "The Departments for supervision over product quality and other relevant departments shall keep secrets for the informers, and award the them in accordance with the relevant regulations of the people's governments of provinces, autonomous regions, or municipalities directly under the Central Government."

  8.One article is added as Article 11:"No units or individuals may exclude up-to-standard products manufactured by enterprises or sectors from entering into their regions or sectors."

  9.Article 8 is changed as Article 13 and one paragraph is added as the second paragraph: "Manufacturing and selling of industrial products that do not conform to the standards and requirements for ensuring human health, personal safety and safety of property are prohibited. The specific administrative measures shall be prescribed by the State Council."

  10. Article 10 is changed as Article 15 and revised as follows: "The State, with respect to product quality, applies a system of supervision and inspection with random checking as the main form. Products constituting potential threats to human health, to personal safety and to safety and to safety of property, important industrial products which have a bearing on the national economy and the people's wellbeing, and products with quality problems as reported by consumers or relevant organizations shall be subjected to random checking. Samples for random checking shall, at any time, be selected from the market or from among the finished products ready for sale in the storehouse of an enterprise. Supervision and random checking shall be planned and arranged by the department for supervision over product quality under the State Council. The local departments for supervision over product quality in the People's governments at or above the county level may also make arrangements for supervision and random checking within their respective administrative regions. Where laws provide otherwise with respect to supervision over and inspection of product quality, the provisions of such laws shall apply.

  "Local departments may not repeat random checking already conducted by State departments; departments at lower levels may not repeat random checking already conducted by departments at higher levels.

  "Products may be inspected where random checking of such products so requires, but the amount of samples selected for inspection may not exceed the reasonable need of the inspection and no fees may be charged from the enterprises concerned, The expenses thus incurred shall be disbursed in accordance with the relevant regulations of the State Council.

  "Where producers or sellers have objections to the result of inspection they may, within 15 days from the date the result is received, apply to the department for supervision over product quality that ahs conducted the random checking or its superior for re-inspection. The department for supervision over product quality that conducts the re-inspection shall make a conclusion afterwards."

  11. One article is added as Article16: "No producers or sellers may refuse to undergo supervision over and inspection of their product quality conducted in accordance with law."

  12. One article is added as Article 17: "Where the quality of a product is proved to be not up to standard after random checking is conducted in accordance with the provisions of this Law, the department for supervision over product quality that has conducted random checking shall order the producer and/or seller to improve it within a time limit. If the producer and/or seller fails to do so at the expiration of the time limit, the matter shall be announced by the department for supervision over product quality

under the people's government at or above the provincial level; if the product quality fails to pass re-inspection conducted after the announcement, the producer shall be ordered to discontinue production and/or business operation for overhaul within a time limit; if it again fails to pass another re-inspection conducted at the expiration of the time limit, the producer's and/or seller's business license shall be revoked.

  "Where a product is found through random checking to have serious quality problems, punishment shall be meted out in accordance with the relevant provisions in Chapter V of this Law."

  13. One article is added as Article 18: "The departments for supervision over product quality at or above the county level may, on the basis of the obtained evidence for or information against suspected violations of this law, exercise the following functions and powers when investigating and handling such violations:

  "(1) to conduct on-the-spot inspection of the place where the party is suspected of engaging in production or sale activities in violation of this Law;

  "(2) to conduct investigation among the legal representative of the party, the person who is chiefly in charge, and other persons concerned for information related to the production or sale activities engaged in by the suspected party in violation of this Law;

  "(3) to look into and duplicate the contracts, invoices and account books concerning the party and other relevant material; and

  "(4) to seal up or seize the products which are regarded, on the basis of evidence, as not being in conformity with the national or sectoral standards for ensuring human health, personal safety of property or as having other kinds of serious quality problems, and the raw and supplementary materials, package materials and p

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