国务院关于进一步加强产品质量工作若干问题的决定 Decision of the State Council Concerning Several Issues on Further Strengthe

on.

　　11. Enforcing quality supervision system of important products. For products involving human physical health and the safety of person and property, the quality and technical supervision department shall strengthen supervision and management by strictly executing the production license system and safety authentication system for product quality and trying business commencing inspection. Any enterprise without basic production conditions and unable to guarantee the production of qualified products shall be uniformly prohibited from commencing production. All commodities on the market shall carry a standardized quality mark. Commercial enterprises shall strictly execute an inspection and acceptance system in goods procurement, and carefully execute an antecedent responsibility system of commodity quality. It is imperative to strengthen quality supervision and inspection of commodities on various special commodity markets, and for those interfering with supervision and inspection, strict investigation and punishment shall be given and liabilities of the parties concerned shall be pursued. Any product not conforming to relevant State standards in quality or produced without a license is prohibited from being listed in the catalogue of governmental procurement.

　　12. Establishing a fair competition mechanism consistent with requirements of market economy. It is imperative to firmly stop market division by using reporting for inspection, sales permits, use permits, roadblocks and other means, and firmly eliminate various kinds of false publicity and activities of cheating in quality, to guarantee fair competition and accomplish "success for the superior and washout of the poor". Except expressly provided by the State, it is strictly prohibited that any region, department, social group, news unit, enterprise, institution or non-governmental organization conducts general appraisals of enterprises' products, services and etc., as well as enterprise or commodity information disclosure activities with character of order placing, appraisal or recommendation. We shall

study and explore appraising methods for indexes of user satisfaction degrees in product quality, and provide consumers with true and reliable product quality information.

　　13. Strengthening management and supervision of quality intermediaries. In accordance with principles of objectiveness, truthfulness and justice, we shall unify the requirements for qualification assessment, clarify responsibilities and duties, standardize the activities of intermediaries, and ensure their justice. Existing various quality intermediaries, especially the quality authentication organizations shall be cleaned up carefully, and for those engaging in fraud, strict investigation and punishment shall be given according to law; if the circumstances are serious, qualification shall be cancelled; if the criminal law is violated, criminal liability shall be pursued according to law. Various quality intermediaries shall establish self-regulatory operating mechanisms, and assume corresponding liability according to law.

　　V. Strengthening supervision and selective inspection and increasing the momentum of punishment

　　14. Completing the supervision and selective inspection system of product quality. The State Bureau of Quality and Technical Supervision shall focus supervision and selective inspection on products involving human physical health and the safety of person and property, important products relating to the national economy and the people's livelihood and products causing strong sentiments from the consumers, publicize a catalogue of products under supervision and selective inspection, and organize promptly trailing supervision and selective inspection of product quality in production and circulation areas. The frequency of selective inspection shall be increased appropriately, and the findings of selective inspection shall be disclosed.

　　15. Increasing the momentum of punishment. The quality and technical supervision department shall promptly publicize the unqualified products in supervision and selective inspection and the production enterprises thereof, report the same to the local government and relevant departments, and order the production enterprises to make rectification within a given period; for those products which have obtained production licenses and safety authentication, shall suspend such certificates; if they remain unqualified in re-inspection upon the expiry of the given period for rectification, shall, jointly with relevant departments, order cessation of production for consolidation, and cancel the production licenses and safety authentication certificates. If in State supervision and selective inspection the main products of an enterprise are unqualified twice consecutively, the quality and technical supervision department shall propose to the administrative department of industry and commerce for canceling the business licenses of the enterprises, publicize the name list of the enterprises and principal responsible persons, and remove such legal representatives or responsible persons from office according to legal procedures who shall not be appointed again as a legal representative by any enterprise within three years as from his removal from office. For enterprises refusing supervision and selective inspection, their products shall be treated as unqualified, and forceful supervision and selective inspection shall be executed with all necessary expenses assumed by the enterprises refusing inspection.

　　16. Implementing an inspection exemption system. Products with stable quality for a long time, with a high market share rate or with the enterprises up to or stricter than relevant State standards, or products qualified in three consecutive selective inspections conducted by the quality and technical supervision department of the State, a province, an autonomous region or a municipality directly under the Central Government, may be determined as products exempted from inspection.

The catalogue of the products exempted from inspection shall be formulated by the quality and technical supervision department at or above the provincial level, and be publicized regularly. These products shall carry inspection-exempted marks, and be exempted from various forms of regional or departmental inspections within a certain period of time. Once quality problems occur to any such product exempted from inspection, the qualification of exemption shall be cancelled, and stricter punishment shall be imposed according to law.

　　VI. Highlighting key points and striking hard illegal or criminal acts of fake making and selling.

　　17. Clarifying the responsibilities of work in striking illegal or criminal acts of fake making and selling (hereinafter referred to as "striking fakes"). The State Bureau of Quality and Technical Supervision shall, jointly with relevant departments, aiming at key products, key markets and key regions with serious illegal or criminal acts of fake making and selling, propose the general requirements for the work of striking fakes nationwide, organize and conduct specific combats and joint actions for striking fakes, investigate and punish a number of big or serious cases according to law, and firmly curtail the rampant trend in fake making and selling. The people's government of a province, an autonomous region or a municipality directly under the Central Government shall actually assume the responsibilities for the work of striking fakes within its own administrative domain, and formulate concrete plans for the work of striking fakes in light of local actual conditions and organize the execution thereof. The superior government shall supervise and inspect the work of striking fakes of its inferior government, and for those lacking power in striking fakes and failing to reach the target of rectification within a given period, liabilities of local administrative officials in charge shall be pursued; for those resulting in significant losses or a bad effect, administrative punishments shall be imposed; and for those violating the criminal law, criminal liability shall be pursued according to law.

　　18. Striking, according to law, illegal acts of fake making and selling. In accordance with the relevant provisions of the Law of the People's Republic of China on Product Quality, every case of fake making and selling, once found, shall be investigated and punished completely; false and poor products, once found, shall be sealed up, seized without exception and confiscated, and shall not enter the market; any unit or individual that provides premises, equipment, warehousing, transportation, material, capital or other means or conditions for fake making and selling, shall be punished strictly according to law; any dealer or business user that willfully procures or uses in his business operations false or poor products, shall be punished as fake making and selling. Business licenses, production licenses and operation licenses of relevant manufacturers or dealers shall be revoked if their acts of fake making and selling are found through investigation; a manager (factory director) having committed the act of fake making and selling or a person directly responsible shall be prohibited without exception from registering in his name any new enterprise; if anyone violates the criminal law, he shall be referred to the judicial organs to pursue criminal liability according to law. Effective measures shall be taken to strictly clean up the market of false and poor products surviving from continuous suppression; used materials or equipment that endangers the human physical health or the safety of person and property shall be strictly prohibited from being in use again. Officials enforcing administrative law

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