深圳经济特区产品质量管理条例 Administrative Regulations of Shenzhen Special Economic Zone on Product Quality

颁布日期：19990506 　实施日期：19990506 　颁布单位：深圳市人大常委会

　　Administrative Regulations of Shenzhen Special Economic Zone on Product Quality

　　(Originally adopted at the Twenty-ninth meeting of the Standing Committee of the First Shenzhen Municipal People's Congress on March 30, 1995. As revised in accordance with the Decision on Revision of the Administrative Regulations of Shenzhen Special Economic Zone on Product Quality of the Thirty-second Meeting of the Standing Committee of the Second Shenzhen Municipal People's Congress on May 6, 1999.)

　　Chapter Ⅰ General Provisions

　　Article 1 In order to strengthen the supervision and control of product quality in Shenzhen Special Economic Zone (hereinafter referred to as the "Special Zone"), protect the legitimate rights and interests of users and consumers, maintain the social and economic order, these regulations are formulated in accordance with the Law of the People' Republic of China on Product Quality and the Law of the People's Republic of China on Standardization, as well as the actual circumstances of the Special Zone.

　　Article 2 These regulations shall be applicable to the manufacture and sale of products in the Special Zone, as well as the supervision and control over the drawing up and implementation of product standards.

　　"Products" in these regulations refer to tangible goods, which are processed or manufactured for the purpose of sale.

　　These regulations shall not be applicable to construction project, but shall be applicable to construction materials, decorative materials and other products used for construction that can keep their original characters and use.

　　Article 3 The People's Government of Shenzhen Municipality (hereinafter referred to as the "municipal government") shall encourage enterprise to popularize scientific methods in quality control, and adopt international or foreign advanced standard, and draw up an enterprise standard stricter than the international or foreign advanced standard.

　　The municipal government shall give award to the enterprises or individuals that have made outstanding achievements in ensuring advanced product quality control and in raising product quality to the advanced international standards.

　　Article 4 The administrative department for technical supervision of the municipal government is the competent department for the supervision and control of product quality in the Special Zone (hereinafter referred to as the "municipal competent department"). The administrative department for technical supervision of each district people's government (hereinafter referred to as the "district competent department") is in charge of the supervision and control of product quality within its administration area under the direction of the municipal competent department.

　　Other relevant functional departments of the municipal government and district governments are in charge of the supervision and control of the quality of special product within the scope of their respective functions and duties.

　　Article 5 The user, consumer, news and media organization, or social groups, such as the social organization protecting consumer's rights and interests and trade association, may exercise the social supervision over product quality.

　　Article 6　Any unit or individual has the rights to expose or complain about the acts violating these regulations to the competent department of government and judicial organization.

　　Chapter Ⅱ Product Standard and Quality Authentication Administration

　　Article 7 The manufacturer of products shall draw up the enterprise standard, or adopt national standard, trade standard or local standard as the basis for production and trade exchange.

　　The quality requirement of export product shall be in accordance with the agreed terms in the contract.

　　The municipal and district c

ompetent departments shall provide information and technical service for enterprise to draw up a standard or adopt international or foreign advanced standard.

　　Article 8　In case that there is no national or trade standards for the manufacture of products which constitutes possible threats to the health or safety of human life and property, the municipal government shall draw up such standard of safety and technique under international standard, which shall be uniformly carried out in the Special Zone.

　　Article 9 The Manufacturer shall submit the enterprise standard of product to the municipal competent department and other relevant administrative departments for record within 30 days upon the issuance of the standard.

　　If the enterprise revises the product standard, it shall submit the new standard to the municipal competent department and other relevant administrative departments for record again within 30 days upon the revision.

　　Article 10 The municipal competent department shall practice rules of authentication for enterprise quality system and a product quality authentication system according to national laws and regulations under the reference of the international customs and foreign advanced standards.

　　Article 11 The authentication institution of the authentication of enterprise quality system and product quality shall submit the name of attested enterprise, authentication scope, authentication period and result to the municipal competent department for record.

　　Article 12 The quality appraisal and recommendation of product shall follow the principles of objectivity, justice and transparency. The concrete administrative rules of the quality appraisal and recommendation of product shall be otherwise enacted by the municipal government.

　　Chapter Ⅲ Supervision and Examination of Product Quality

　　Article 13 The municipal and district competent department shall supervise and examine product quality and deal with malfeasance according to the provisions of laws and regulations.

　　The supervision and examination of product quality may take forms of random inspection, regular inspection, or daily inspection.

　　Article 14 The municipal and district competent departments shall not charge for the supervision and random inspection of the product, and the needed expenses shall be listed into the municipal and district financial budget.

　　Article 15 The municipal and district competent departments may exercise the following functions and powers when supervising and examining product quality:

　　(1) to order the inspected party to provide the inspection report or qualification certification of the product;

　　(2) to take random inspection directly, in case that the inspected party fails to provide the inspection report or qualification certification, or the inspection report or qualification certification　is not in accordance with the product obviously;

　　(3) to inquire the inspected party, interested party and authenticator, and require them to provide evidential and relevant materials;

　　(4) to inquire about and duplicate the agreement, account book, bill of document, file, record, electronic letter of business and relevant materials relating to malfeasance;

　　(5) to order the inspected party to suspend manufacture and sale, provide the quantity and conditions about the manufactured, sold and stocked products upon the discovery of malfeasance committed by the inspected party.

　　Article 16 The following products manufactured in the Special Zone shall be listed into the catalogue of products to be inspected and be inspected regularly or randomly by the municipal or district competent department according to relevant provisions:

　　(1) the product relating with human health, personal or property safety;

　　(2) the product listed in the product catalogue of production license;

　　(3) other products claimed to have important quality problems by the consumer or relevant organizations.

　　The catalogue of products to be inspected shall be made and issued for implementation by the municipal competent department together with other relevant administrative competent departments.

　　Article 17 The municipal and district competent department may conduct daily supervision and inspection over the quality of the products manufactured or sold in the Special Zone, according to the quality conditions of products in the fields of production and circulation in the Special Zone, or the conditions reported or complained by the consumer or relevant organizations.

　　Article 18 When the municipal or district competent departments supervise and inspect the product, it may entrust the inspection institution of product quality to inspect. The manufacturer and seller of the inspected product shall not refuse the inspection.

　　Article 19 The bases of the inspection of product quality are the followings:

　　(1) laws, regulations or rules;

　　(2) the national or trade standard issued to safeguard human health and personal or property security. The product without national and industrial standard to measure up shall satisfy the requirements of human health and personal or property security;

　　(3) the quality index or conditions explicitly reflected by the description of product, contract, sample or other means.

　　The inspection institution of product quality shall issue an inspection report of the inspected product and be responsible for the inspection outcome.

　　Article 20 The products inspected to be qualified shall not be inspected repeatedly in the same inspection period. The inspected enterprise has the right to refuse repe

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