Clear! This is how enterprise standards are spot-checked

Guidelines for Random Inspection of Enterprise Standards (2024)

This guideline aims to guide market regulation departments at or above the county level and relevant administrative departments to inspect whether the self-declaration disclosure of enterprise standards complies with the "Standardization Law of the People's Republic of China" (hereinafter referred to as the "Standardization Law") and the "Measures for the Promotion of Enterprise Standardization" (hereinafter referred to as the "Promotion Measures"). It applies to online inspection, document inspection, and on-site inspection of enterprise standard inspection items listed in the "List of Random Inspection Items of the State Administration for Market Regulation (First Edition)". The list of enterprises subject to supervision and inspection is obtained through the National Enterprise Credit Information Publicity System (http://www.gsxt.gov.cn/index.html). If there are existing laws or administrative regulations governing enterprise standards in related fields, those provisions shall prevail.

I. Inspection Items

(1) Whether the enterprise fulfills the obligation of self-declaration disclosure of the standards for producing products or providing services.

(2) Whether the timeliness of the standards information for producing products or providing services complies with regulations.

(3) Whether the numbering and naming of the standards for producing products or providing services are standardized.

(4) Whether the technical requirements of enterprise standards comply with laws, regulations, and mandatory standards.

(5) Whether the functional indicators and performance indicators of enterprise standards and the corresponding test methods, inspection methods, or evaluation methods comply with regulations.

II. Inspection Content and Methods

(1) Whether the enterprise's self-declaration disclosure of executed standards complies with Article 27, Paragraph 1 of the "Standardization Law", and Articles 14 Paragraph 1, 15, and 16 of the "Promotion Measures".

For production enterprises that should disclose executed standards, excluding food and drug production enterprises, check whether the enterprise has made self-declaration disclosure on the national unified enterprise standard information public service platform (https://www.qybz.org.cn/); if disclosed on other platforms, whether the national unified enterprise standard information public service platform clearly indicates the disclosure channel, and ensure that the self-declaration disclosure information is accessible, traceable, and tamper-proof. Disclosure on the enterprise's own website or other commercial websites is invalid; if there is entrusted processing of products or services, check whether the disclosing party is the entrusting party; disclosure by the entrusted party is invalid; marking the executed standard on product packaging or instructions does not constitute valid self-declaration disclosure.

(2) Whether the timeliness of the standards information for producing products or providing services complies with Article 15 of the "Promotion Measures".

For enterprise standards that have implemented self-declaration disclosure, check whether the disclosure time is before the provision of products or services, i.e., the disclosure time should be earlier than the product production date or service provision time.

(3) Whether the standard number and name comply with Article 24 of the "Standardization Law" and Article 13 of the "Promotion Measures".

For enterprises executing national standards, industry standards, or local service standards, check whether the standard number and name are consistent with the corresponding information on the National Standard Information Public Service Platform; check whether the executed standard has been abolished or replaced.

For enterprises executing group standards, check whether the group standard number and name are consistent with the corresponding information on the National Group Standard Information Platform; whether authorized by the group standard issuing organization; and whether the full text of the group standard is disclosed on the enterprise standard information public service platform.

For enterprises executing enterprise standards formulated independently or jointly, check whether the enterprise standard text disclosed on the enterprise standard information public service platform includes the functional indicators of products and services, performance indicators of products, and corresponding test methods, inspection methods, or evaluation methods; whether the standard number is composed sequentially of the enterprise standard code, enterprise code, serial number, and year number, as shown in the figure below.

The enterprise code can be composed of Chinese Pinyin letters, Arabic numerals, or a combination of both.

(4) Whether the technical requirements in enterprise standards comply with Article 21, Paragraph 1 of the "Standardization Law" and Article 8, Paragraph 1 of the "Promotion Measures".

For enterprises executing independently or jointly formulated enterprise standards, check whether the technical indicators of the enterprise standards comply with legal and regulatory requirements and the relevant technical requirements of mandatory national standards.

(5) Whether the functional indicators and performance indicators in enterprise standards and the corresponding test methods, inspection methods, or evaluation methods comply with Article 27, Paragraph 1 of the "Standardization Law" and Articles 12, 14 Paragraphs 2 and 3 of the "Promotion Measures".

For enterprises executing independently or jointly formulated enterprise standards, check whether the functional indicators of products and services and the performance indicators of products and the corresponding test methods, inspection methods, or evaluation methods are clearly defined; whether the defined test methods, inspection methods, or evaluation methods cite the corresponding methods of national standards, industry standards, or international standards; if there are no corresponding national, industry, or international standards, check whether the enterprise's self-formulated test methods, inspection methods, or evaluation methods are scientific, reasonable, accurate, and reliable; if the functional and performance indicator items in the enterprise standards are fewer or the technical requirements are lower than the recommended standards, check whether this is explicitly stated.

III. Inspection and Punishment According to Law

(1) Article 21, Paragraph 1 of the "Standardization Law of the People's Republic of China".

The technical requirements of recommended national standards, industry standards, local standards, group standards, and enterprise standards shall not be lower than the relevant technical requirements of mandatory national standards.

(2) Article 22, Paragraph 1 of the "Standardization Law of the People's Republic of China".

Standards formulation shall facilitate the scientific and rational use of resources, promote scientific and technological achievements, enhance product safety, universality, and interchangeability, improve economic, social, and ecological benefits, and be technologically advanced and economically reasonable.

(3) Article 24 of the "Standardization Law of the People's Republic of China".

Standards shall be numbered according to numbering rules. The numbering rules of standards are formulated and published by the administrative department for standardization under the State Council.

(4) Article 27, Paragraph 1 of the "Standardization Law of the People's Republic of China".

The state implements a system of self-declaration, public disclosure, and supervision for group standards and enterprise standards. Enterprises shall disclose the numbers and names of the mandatory standards, recommended standards, group standards, or enterprise standards they implement; enterprises that implement self-formulated enterprise standards shall also disclose the functional indicators of products and services and the performance indicators of products. The state encourages group standards and enterprise standards to be publicly disclosed to society through the standard information public service platform.

(5) Article 38 of the "Standardization Law of the People's Republic of China."

If an enterprise fails to disclose the standards it implements in accordance with this law, the administrative department for standardization shall order it to make corrections within a time limit; if it fails to make corrections within the time limit, it shall be publicly announced on the standard information public service platform.

(6) Paragraph 2 of Article 39 of the "Standardization Law of the People's Republic of China."

If the standards formulated by social organizations or enterprises do not comply with the provisions of Paragraph 1 of Article 21 and Paragraph 1 of Article 22 of this law, the administrative department for standardization shall order corrections within a time limit; if not corrected within the time limit, the standardization administrative department of the people's government at or above the provincial level shall abolish the relevant standards and publicly announce this on the standard information public service platform.

(7) Article 42 of the "Standardization Law of the People's Republic of China."

If social organizations or enterprises fail to number group standards or enterprise standards in accordance with this law, the administrative department for standardization shall order corrections within a time limit; if not corrected within the time limit, the standardization administrative department of the people's government at or above the provincial level shall revoke the relevant standard numbers and publicly announce this on the standard information public service platform.

(8) Paragraphs 1 and 2 of Article 8 of the "Measures for the Promotion of Enterprise Standardization."

The formulation of enterprise standards shall comply with the requirements of laws, regulations, and mandatory standards.

The formulation of enterprise standards shall be conducive to improving economic benefits, social benefits, quality benefits, and ecological benefits, achieving technological advancement and economic rationality.

(9) Article 12 of the "Measures for the Promotion of Enterprise Standardization."

Product or service standards formulated by enterprises shall specify test methods, inspection methods, or evaluation methods.

Test methods, inspection methods, or evaluation methods shall reference corresponding national standards, industry standards, or international standards. If no corresponding standards exist, enterprises may formulate their own test methods, inspection methods, or evaluation methods. Self-formulated test methods, inspection methods, or evaluation methods shall be scientific, reasonable, accurate, and reliable.

(10) Article 13 of the "Measures for the Promotion of Enterprise Standardization."

Enterprise standards for products or services provided shall be numbered according to unified rules. The numbering of enterprise standards consists sequentially of the enterprise standard code, enterprise code, serial number, and year number.

The enterprise standard code is "Q"; the enterprise code may be composed of Chinese Pinyin letters, Arabic numerals, or a combination of both.

Enterprise standards jointly formulated with other enterprises shall be numbered and issued separately in the form of enterprise standards.

(11) Paragraphs 1, 2, and 3 of Article 14 of the "Measures for the Promotion of Enterprise Standardization."

The state implements a system of self-declaration, public disclosure, and supervision for enterprise standards. Enterprises shall disclose the numbers and names of the mandatory standards, recommended standards, group standards, or enterprise standards they implement for the products or services they provide.

Enterprises that implement self-formulated or jointly formulated enterprise standards shall disclose the functional indicators of products and services, the performance indicators of products, and the corresponding test methods, inspection methods, or evaluation methods. If laws, regulations, or mandatory national standards have other provisions on restricting excessive packaging of goods, enterprises shall disclose the packaging standards they adopt in accordance with relevant provisions.

If the functional indicators and performance indicators disclosed by the enterprise are fewer than or lower than the recommended standards, this shall be clearly stated at the time of self-declaration and public disclosure.

(12) Article 15 of the "Measures for the Promotion of Enterprise Standardization."

Enterprises shall complete the self-declaration and public disclosure of the standards they implement before providing products or services. If products are processed or services are provided by entrusting others, the entrusting party shall complete the self-declaration and public disclosure of the standards implemented.

When the standards implemented by an enterprise change, the content of the self-declaration and public disclosure shall be updated in a timely manner. After an enterprise completes deregistration, the relevant enterprise standards shall be abolished.

(13) Article 16 of the "Measures for the Promotion of Enterprise Standardization."

Enterprises are encouraged to conduct self-declaration and public disclosure through the national unified enterprise standard information public service platform.

If self-declaration and public disclosure are conducted through other channels, the public disclosure channels shall be clearly indicated on the national unified enterprise standard information public service platform, and the information disclosed shall be accessible, traceable, and tamper-proof.

(14) Article 28 of the "Measures for the Promotion of Enterprise Standardization."

The standardization administrative departments of people's governments at or above the county level and relevant administrative departments shall supervise and inspect the standards implemented by enterprises in providing products or services through the "double random, one public" regulatory approach. Special supervision and inspection may be carried out in key special areas.

(15) Article 29 of the "Measures for the Promotion of Enterprise Standardization."

If an enterprise refuses to provide information or provides false information during supervision and inspection, it shall be ordered to make corrections; if it refuses to correct, the standardization administrative department of the people's government at or above the county level shall issue a notification or announcement.

(16) Article 30 of the "Measures for the Promotion of Enterprise Standardization."

If an enterprise fails to disclose the standards it implements for the products and services it provides, the standardization administrative department of the people's government at or above the county level shall order corrections within a time limit; if not corrected within the time limit, it shall be publicly announced on the enterprise standard information public service platform.

(17) Article 31 of the "Measures for the Promotion of Enterprise Standardization."

If the enterprise standards formulated by an enterprise do not comply with Paragraphs 1 and 2 of Article 8 and Article 12 of these measures, the standardization administrative department of the people's government at or above the county level shall order corrections within a time limit; if not corrected within the time limit, the standardization administrative department of the people's government at or above the provincial level shall abolish the enterprise standard and publicly announce this on the enterprise standard information public service platform.

(18) Article 32 of the "Measures for the Promotion of Enterprise Standardization."

If the enterprise standards formulated by an enterprise do not comply with the provisions of Article 13 of these measures, the standardization administrative department of the people's government at or above the county level shall order corrections within a time limit; if not corrected within the time limit, the standardization administrative department of the people's government at or above the provincial level shall revoke the relevant standard numbers and publicly announce this on the enterprise standard information public service platform.

(19) Article 33 of the "Measures for the Promotion of Enterprise Standardization."

If an enterprise's self-declaration and public disclosure do not comply with the provisions of Articles 14, 15, and 16 of these measures, the standardization administrative department of the people's government at or above the county level shall order corrections within a time limit; if not corrected within the time limit, it shall be publicly announced on the enterprise standard information public service platform.

(20) Article 34 of the "Measures for the Promotion of Enterprise Standardization."

If an enterprise commits other illegal acts stipulated in these measures during the formulation of standards, self-declaration disclosure, and other work, it shall be dealt with in accordance with relevant laws and administrative regulations. If there are no provisions in laws or administrative regulations, the standardization administrative department of the people's government at or above the county level may urge correction by sending warning letters, interviews, and other means; if not corrected within the time limit, it shall be publicly announced on the enterprise standard information public service platform.

4. Work Requirements

Market supervision departments of provinces, autonomous regions, municipalities directly under the Central Government, and the Xinjiang Production and Construction Corps may formulate and improve detailed rules for spot checks based on actual conditions, making clear regulations on sampling methods, inspection procedures, approval authority, public announcement procedures, filing methods, etc.

To ensure the timeliness of the enterprise directory database for spot checks, market supervision departments should obtain the latest relevant enterprise information classified through the National Enterprise Credit Information Publicity System before conducting random spot checks.

Considering the technical and professional nature of enterprise standards and the wide coverage of fields, market supervision departments at or above the county level may carry out inspection work by entrusting third-party agencies or hiring experts.

For inspections entrusted to third-party agencies, market supervision departments at or above the county level should select third-party agencies that match the inspection work requirements, establish formal entrustment relationships through contracts or agreements, clarify corresponding responsibilities and authorities, and strengthen business guidance and supervision of the entrusted third-party agencies.

For inspections conducted by hiring experts, market supervision departments at or above the county level may establish an expert directory by selecting standardization experts from national standardization institutions, provincial standardization institutions, inspection and testing institutions, research institutes, universities, industry associations, and other units, while categorizing experts' professional expertise. Experts included in the directory should be familiar with standardization work, possess good professional ethics and confidentiality awareness, be able to perform duties diligently, fairly, honestly, and with integrity, and consciously accept supervision and management. When hiring experts to conduct inspections, random selection among experts in relevant fields can be made to improve work efficiency.

Inspection conclusions formed by entrusting third-party agencies or hiring experts can be used as references for supervision and handling by market supervision departments, and the inspection results shall be determined by the market supervision departments.

When handling related illegal and irregular acts, market supervision departments shall strictly follow the procedures prescribed by laws and regulations, mainly guiding enterprises to make corrections within a time limit. If enterprises do not cooperate or fail to correct, relevant standards shall be revoked according to law or related illegal information shall be publicly disclosed on the platform.