Beijing Municipal Market Supervision Administration's Notice on Issuing the "Beijing Local Standards Management Measures"

　　

 

To all relevant units:

　　To implement the "Capital Standardization Development Outline 2035" and the "Beijing Standardization Measures," further strengthen the management of local standards in this city, and enhance the promotion and application of standards, our bureau has revised the "Beijing Local Standards Management Measures," which are now issued. These measures shall come into effect on January 1, 2024. Please comply accordingly.

Beijing Municipal Administration for Market Regulation

December 19, 2023

Beijing Local Standards Management Measures

　　Chapter 1 General Provisions

　　Article 1 To strengthen the management of Beijing local standards (hereinafter referred to as "local standards"), these measures are formulated in accordance with the "Standardization Law of the People's Republic of China," "Local Standards Management Measures," "Beijing Standardization Measures," and other laws, regulations, and rules.

　　Article 2 The formulation (including revision, the same below), organization of implementation, and supervision and management of local standards shall be governed by these measures.

　　The coordinated management of local standards in the Beijing-Tianjin-Hebei region shall apply these measures.

　　The management of food safety local standards does not apply to these measures.

　　Article 3 Local standards may be formulated to meet the special technical requirements of the city's natural conditions, customs, and habits, or to unify technical requirements in urban governance, public services, and other fields.

　　Article 4 The formulation of local standards shall follow the principles of openness, transparency, and fairness, be conducive to the scientific and rational use of resources, promote scientific and technological achievements, be technologically advanced and economically reasonable, and coordinate with relevant national standards, industry standards, and local standards.

　　It is prohibited to use local standards to implement behaviors that hinder the free circulation of goods and services or exclude and restrict market competition.

　　Article 5 Local standards are generally recommended standards in principle.

　　If laws, administrative regulations, and decisions of the State Council have other provisions on the formulation of mandatory standards, those provisions shall prevail.

　　Article 6 The municipal standardization administrative department shall uniformly manage local standards in the city according to law, be responsible for organizing the formulation of local standards, organizing the evaluation and review of the implementation of local standards in the city, and supervise the implementation of local standards according to law.

　　Article 7 Relevant municipal administrative departments shall be responsible for standardization work in their respective industries and fields according to their duties:

　　(1) Conduct standardization research and build the industry standard system;

　　(2) Submit applications for local standard project approval, undertake the task of formulating local standards, conduct legality reviews of local standards, and if mandatory clauses involve economic activities of market entities, also conduct fair competition reviews;

　　(3) Be responsible for the centralized management of local standards in their industry and field, organize explanations of the technical content of local standards, and carry out reviews of local standards;

　　(4) Organize the implementation of local standards in their industry and field, formulate supporting policies to ensure the implementation of local standards, organize training for the promotion of local standards, supervise and inspect the implementation of local standards, and carry out feedback and evaluation of local standard implementation information.

　　Article 8 District standardization administrative departments and relevant district administrative departments shall be responsible for promoting the implementation of local standards within their jurisdiction and supervise and inspect the implementation of local standards according to their statutory duties.

　　Article 9 The municipal standardization administrative department may entrust standardization technical institutions to be responsible for organizing the review and daily management of local standards. Personnel undertaking drafting work shall not undertake review work.

　　Municipal professional standardization technical committees shall provide support to relevant municipal administrative departments in the demonstration, drafting, preliminary review, implementation feedback and evaluation, and review of local standards according to the needs of relevant municipal administrative departments.

　　Article 10 Enterprises, social organizations, and educational and scientific research institutions are encouraged to actively undertake or participate in the research and formulation of local standards. Foreign-invested enterprises shall participate equally in the research and formulation of local standards.

　　Article 11 The municipal standardization administrative department and relevant municipal administrative departments shall strengthen the translation work of foreign language versions of local standards involving international trade, international exchanges, and other fields.

　　Article 12 Group standards that are advanced, leading, publicly available on the national group standards information platform, have good implementation effects, need to be promoted and implemented citywide, and meet the conditions for local standard project approval may be converted into local standards according to the procedures stipulated in these measures.

　　Article 13 For projects where technology is still developing, needs guidance for development, or has standardization value but does not yet meet the conditions for formulating local standards and requires unified technical requirements, local standardization guidance technical documents (hereinafter referred to as "guidance technical documents") shall be formulated and implemented with reference to the formulation procedures and implementation requirements of local standards.

　　The validity period of guidance technical documents generally shall not exceed 3 years.

　　Chapter 2 Project Approval

　　Article 14 The municipal standardization administrative department generally publicly solicits local standard projects for the next year from society in the third quarter of each year. Relevant municipal administrative departments shall submit local standard project approval applications before the end of October each year; revision projects may be submitted at any time.

　　Relevant municipal administrative departments shall respond promptly to local standard development requirements proposed by the municipal party committee and municipal government and submit project approval applications.

　　Any unit or individual may propose local standard project suggestions to the municipal standardization administrative department or relevant municipal administrative departments.

　　The municipal standardization administrative department shall forward directly received project development requirements and suggestions to relevant municipal administrative departments for study.

　　Article 15 Local standard projects are divided into Category I projects and Category II projects. Category I projects are formulation projects, and Category II projects are research projects.

　　Article 16 Relevant municipal administrative departments shall collect and select proposed project suggestions, submit project approval applications to the municipal standardization administrative department, and provide the following materials:

　　(1) Local standard project application form (hereinafter referred to as "project application form");

　　(2) For Category I projects, a draft standard shall be submitted, which should basically be at a stage suitable for public consultation;

　　(3) For projects with research foundations, submit scientific research reports, survey reports, experimental verification reports, statistical analysis reports, etc., formed during preliminary standard research;

　　(4) Local standards in principle should not involve patents; if essential patents are involved, copies of patent certificates and statements from patent holders shall be provided; if no patents are involved, this shall be explained in the project application form.

　　Article 17 If the proposed local standard project involves other relevant departments, the relevant municipal administrative departments shall coordinate with those departments and reach a consensus.

　　Article 18 Relevant municipal administrative departments shall specify the competent unit and the organization responsible for implementation of the local standard in the project application form. If it is necessary to adjust the competent unit and the organization responsible for implementation during the standard formulation process, the municipal standardization administrative department shall coordinate and determine based on applications from relevant municipal administrative departments.

　　The responsible units and implementing organizations are limited to the relevant municipal administrative departments.

　　Article 19 Local standard project establishment shall meet the following conditions:

　　(1) The necessity and feasibility of formulating local standards are sufficient;

　　(2) Closely related to the city's economic construction and social development, generally applicable within the city, and not covered by national standards or industry standards uniformly implemented technical requirements;

　　(3) No corresponding national standards, industry standards, or local standards (including project formulation plans), or stricter than national standards and industry standards;

　　(4) The object or target of standardization is clear and does not belong to product quality and its inspection methods;

　　(5) Mandatory local standard projects declared have clear legal, administrative regulations, or State Council decisions as basis and have undergone risk assessment. Recommended local standard projects declared have legal, regulatory, planning, or policy basis;

　　(6) The application materials meet the requirements of these measures;

　　(7) There are measures to ensure standard formulation and implementation plans.

　　Article 20 To safeguard major public interests or respond to emergencies, or for key tasks listed by the Municipal Party Committee and Municipal Government, local standards should be prioritized for project establishment.

　　Article 21 The municipal standardization administrative department organizes standardization technical institutions to conduct project review, and conducts expert demonstrations, industry coordination, and public consultation as needed.

　　Article 22 The municipal standardization administrative department compiles and publicly announces the local standard project plan based on the project review.

　　The local standard project plan shall specify the local standard name, relevant municipal administrative departments, main drafting units, completion deadlines, and other content.

　　Article 23 Category I projects shall complete the standard approval work within 18 months after project establishment. If not completed on time, the municipal standardization administrative department shall terminate the project. If an extension is necessary, the relevant municipal administrative department shall apply to the municipal standardization administrative department before the project expires, stating reasons and extension time, which shall not exceed 6 months.

　　Category II projects shall complete the application to transfer to Category I projects before the end of October in the year of project establishment. If not completed on time, the project will be automatically terminated.

　　Article 24 The local standard formulation project plan shall, in principle, be supplemented once a year. For projects that need to be supplemented, the relevant municipal administrative departments shall submit project application materials before the end of May each year. Supplemented projects shall be urgently needed local standard projects in the city.

　　Article 25 During the formulation of local standard projects, if there are changes in name, project splitting or merging, unsuitability to continue formulation, or inability to complete, the relevant municipal administrative departments shall submit written change or termination suggestions to the municipal standardization administrative department.

　　The municipal standardization administrative department may make project change or termination decisions based on suggestions from relevant municipal administrative departments and others.

　　Chapter 3 Drafting and Soliciting Opinions

　　Article 26 The main drafting unit of the local standard shall establish a standard drafting group and formulate a standard drafting work plan.

　　Article 27 Drafting standards shall follow the following requirements:

　　(1) Conduct thorough investigation and research, widely collect data, comprehensively analyze, and conduct experimental verification;

　　(2) Fully coordinate all relevant parties to the standard to achieve consensus on common interests, without emphasizing departmental or industry interests;

　　(3) Standard writing shall comply with national standard GB/T 1.1 "Standardization Work Guidelines Part 1: Structure and Drafting Rules of Standardization Documents." Local standards for engineering construction planning design and construction acceptance shall comply with engineering construction standard writing requirements;

　　(4) Simultaneously draft the standard compilation instructions, which generally include: necessity and significance of formulating the standard, basic situation of applicable objects, main drafting process, main clause explanations, standard implementation plan (including policy measures by relevant municipal administrative departments for standard implementation, promotion and training, pilot demonstration, supervision and inspection, supporting funds), etc. Mandatory standards shall specify the legal, administrative regulations, and State Council decision basis, possible risks in implementation, risk levels, risk prevention measures, and contingency plans.

　　Article 28 The standard drafting group shall complete the standard draft and standard compilation instructions according to the standard drafting work plan, and after confirmation by the relevant municipal administrative departments, solicit opinions from enterprises, institutions, social organizations, and other relevant parties.

　　The relevant municipal administrative departments shall solicit opinions from other relevant administrative departments.

　　Article 29 The relevant municipal administrative departments shall organize relevant municipal professional standardization technical committees or expert groups to conduct preliminary review of the standard draft and standard compilation instructions, focusing on conformity with the project plan, scientificity, rationality, and normativity of technical content, and coordination with national, industry, and local standards. Category I projects shall, in principle, complete the preliminary review within 9 months after project establishment.

　　Article 30 The municipal standardization administrative department and relevant municipal administrative departments shall publicly solicit opinions on their official websites after the local standard project completes the preliminary review, generally for no less than 30 days.

　　Article 31 The relevant municipal administrative departments shall organize the standard drafting group to sort, analyze, and handle opinions. For partially adopted or rejected opinions, full communication and explanation of reasons shall be made with the proposing units or individuals, and an opinion summary and handling table shall be formed.

　　Article 32 The standard drafting group shall submit the standard draft, standard compilation instructions, and other submission materials to the relevant municipal administrative departments for confirmation.

　　The relevant municipal administrative departments shall submit the standard submission materials to the municipal standardization administrative department. Category I projects shall, in principle, complete the submission within 12 months after project establishment. Submission materials include:

　　(1) Standard submission official document;

　　(2) Standard submission draft;

　　(3) Standard compilation instructions;

　　(4) Standard draft for soliciting opinions;

　　(5) Opinion summary and handling table;

　　(6) List of recommended review experts (no less than 10 persons);

　　(7) Other materials.

　　Chapter 4 Review and Approval

　　Article 33 The municipal standardization administrative department entrusts standardization technical institutions to verify submission materials and organizes expert groups to review local standards. Review items include:

　　(1) Whether it conforms to the scope of local standard formulation matters;

　　(2) Scientificity, rationality, and normativity of technical requirements, whether they are not lower than the relevant technical requirements of mandatory standards, and coordination and compatibility with relevant standards;

　　(3) Whether divergent opinions are properly handled;

　　(4) Other matters requiring review.

　　If the review is not passed, the relevant municipal administrative department shall organize the standard drafting group to revise and improve the standard submission materials and resubmit for review.

　　Article 34 In principle, local standards shall be reviewed in the form of meetings. The competent unit and the implementing unit of the local standard shall participate in the review meeting. Other relevant municipal administrative departments and representatives of relevant municipal professional standardization technical committees shall participate in the review meeting as needed.

　　The expert group shall review the standard text item by item in accordance with the provisions of Article 33 of these Measures. Experts should have broad representation and may come from research institutes, application units, professional standardization technical committees, and other relevant parties, but must not come from the local standard drafting unit. If foreign language version translation is involved, it should include professional foreign language experts in the field. Experts generally should have senior professional titles, and the number should generally not be less than 7.

　　Article 35 The review meeting should, in principle, reach a consensus. Recommended standards shall be approved with the agreement of no less than three-quarters of the expert group; mandatory standards shall be approved unanimously by the expert group.

　　The review meeting shall produce meeting minutes, signed and confirmed by the head of the expert group.

　　Article 36 The standard drafting group shall revise and form the standard approval materials based on the review meeting opinions and submit them to the relevant municipal administrative department for confirmation. The relevant municipal administrative department shall submit the standard approval materials to the municipal standardization administrative department. The approval materials include:

　　(1) Standard approval official document (if multiple competent or implementing units are involved, the standard approval official document shall provide opinions from relevant departments);

　　(2) Standard approval draft;

　　(3) Standard compilation instructions;

　　(4) Standard interpretation and publicity draft;

　　(5) For mandatory local standards for construction projects, materials for filing with the State Council construction administrative department shall be submitted.

　　Article 37 The standardization technical institution shall review the approval materials according to the review meeting opinions. If the review is not passed, the relevant municipal administrative department shall organize the standard drafting group to revise and improve the standard approval materials and resubmit for review.

　　Chapter 5 Approval, Publication, and Filing

　　Article 38 The municipal standardization administrative department approves local standards.

　　If laws and regulations stipulate that local standards are approved by the State Council or provincial people's government, after being reviewed and approved by the municipal standardization administrative department, the local standard approval procedures shall be carried out in accordance with the laws and regulations.

　　Article 39 Approved local standards shall be uniformly numbered and published by the municipal standardization administrative department.

　　Local standards are published under a public announcement system.

　　Local standards on environmental quality, pollutant discharge, etc., shall be jointly published by the municipal standardization administrative department and the municipal ecological environment administrative department. Local standards for construction planning and design shall be jointly published by the municipal standardization administrative department and the municipal planning and natural resources department. Local standards for construction acceptance shall be jointly published by the municipal standardization administrative department and the municipal housing and urban-rural development department.

　　Article 40 The numbering method of local standards shall be implemented in accordance with the provisions of the "Local Standards Management Measures."

　　The numbering of local standards (including guiding technical documents) consists of the standard code, sequence number, and year of publication: DB11/ XXXX-XXXX, DB11/T XXXX-XXXX, DB11/Z XXXX-XXXX. Among them, DB11/, DB11/T, and DB11/Z are standard codes representing mandatory local standards, recommended local standards, and guiding technical documents respectively; the first 4 digits XXXX are the sequence number (4 digits); the last 4 digits XXXX are the year of publication (4 digits).

　　Article 41 After the local standards are published, the municipal standardization administrative department shall file the local standards with the State Council standardization administrative department. Relevant municipal administrative departments shall file with the relevant State Council administrative departments in accordance with laws and regulations.

　　Chapter 6 Typesetting, Printing, and Disclosure

　　Article 42 The standardization technical institution is responsible for the management of typesetting and printing manuscripts of local standards. Relevant municipal administrative departments may organize the printing of local standards as needed.

　　The municipal planning and natural resources department and the municipal housing and urban-rural development department are responsible for the typesetting and printing of local standards for construction planning, design, and construction acceptance under their jurisdiction.

　　Article 43 The municipal standardization administrative department shall publish the current valid local standards catalog and local standard texts on the official website. Relevant municipal administrative departments shall publish the local standards catalog and local standard texts of their industry or field on the official website.

　　The local standard text published on the official website of the municipal standardization administrative department shall prevail.

　　Chapter 7 Implementation of Standards

　　Article 44 Local standards shall have a sufficient implementation transition period, generally not less than 3 months.

　　After the new local standard is implemented, the original local standard shall be abolished simultaneously.

　　Article 45 Relevant municipal administrative departments shall organize the promotion and implementation of local standards in their industry or field, formulate supporting policy documents to ensure the implementation of local standards, supervise and inspect the implementation of local standards, and regularly report the implementation status and statistical tables of local standards to the municipal standardization administrative department.

　　The municipal standardization administrative department shall establish a feedback and evaluation mechanism for the implementation of local standards and combine the feedback and evaluation with the local standard review work.

　　Article 46 Consumers' organizations, inspection and testing institutions, certification bodies, standardization technical committees, and enterprises, institutions, or social organizations such as education and research institutions are encouraged to carry out or participate in the promotion, testing, certification, evaluation, and provide standardization consulting, training, and other technical services for local standards.

　　Article 47 After the implementation of local standards, the municipal standardization administrative department shall regularly organize relevant municipal administrative departments to conduct reviews based on scientific and technological development and economic construction needs. The review cycle generally shall not exceed 5 years. Local standards shall be reviewed promptly under any of the following circumstances:

　　(1) Changes in relevant laws and regulations;

　　(2) Major adjustments in relevant national policies;

　　(3) Scientific and technological development;

　　(4) Changes in social demand;

　　(5) Changes in relevant national standards, industry standards, or local standards;

　　(6) Problems found during the implementation of the standard.

　　Article 48 Relevant municipal administrative departments shall submit written review suggestions to the municipal standardization administrative department. Review suggestions include continuing validity, revision, or abolition, along with the main reasons.

　　The municipal standardization administrative department may directly determine the local standards that need to be reviewed based on actual circumstances.

　　Article 49 The municipal standardization administrative department shall determine the review results of local standards based on review suggestions and handle them according to the following situations:

　　(1) Local standards that do not require revision shall be confirmed to remain valid;

　　(2) Local standards that require revision shall be treated as revision projects. The relevant municipal administrative departments shall submit project establishment applications in accordance with these measures, and the municipal standardization administrative department shall include them in the local standard revision project plan;

　　(3) Local standards that have not been reviewed in a timely manner and submitted for review recommendations shall be abolished by the municipal standardization administrative department as appropriate. Local standards that need to be abolished shall be announced by the standard issuing department. If there are special provisions in laws and regulations, the abolition procedures for local standards shall be carried out in accordance with those provisions.

　　Chapter 8 Coordinated Local Standards in the Beijing-Tianjin-Hebei Region

　　Article 50 Coordinated local standards in the Beijing-Tianjin-Hebei region shall be jointly formulated by the provincial-level standardization administrative departments and relevant administrative departments of the three places.

　　Article 51 Coordinated local standards in the Beijing-Tianjin-Hebei region shall, in principle, be numbered according to DBXX (province/city code)/(T)3XXX (standard sequence number)-XXXX (year), with the standard sequence number generally starting from 3001, consistent across the three places.

　　Article 52 Coordinated local standards in the Beijing-Tianjin-Hebei region shall be jointly implemented by the relevant provincial-level administrative departments of the three places in accordance with regulations, and regular evaluations of the standard implementation shall be conducted.

　　Article 53 The review of coordinated local standards in the Beijing-Tianjin-Hebei region shall be carried out separately by the three places according to regulations. When the review opinion is to revise or abolish, the opinions of the other two places shall be coordinated. When opinions are consistent, subsequent work shall be carried out according to the joint opinion. When opinions are inconsistent, the standard shall no longer be considered a coordinated local standard of the Beijing-Tianjin-Hebei region, and subsequent work shall be carried out separately according to each opinion.

　　Chapter 9 Archives and Informatization Management

　　Article 54 Local standards shall implement electronic archive management, which shall be the responsibility of the standardization technical organization. The following materials shall be archived:

　　(1) Local standard project application forms and project establishment plans;

　　(2) Official documents for local standard submission and approval;

　　(3) Local standard announcements and standard texts;

　　(4) Local standard drafts, solicitation drafts, submission drafts, and approval drafts;

　　(5) Local standard compilation instructions and opinion summary processing forms;

　　(6) Review meeting minutes and expert signature voting forms;

　　(7) Copies of patent certificates and patent holder declaration documents (if the standard involves patents);

　　(8) Review result recommendations;

　　(9) Local standard implementation reports;

　　(10) Other materials.

　　Article 55 Local standards shall implement full-process informatization management through the standardization management information platform.

　　Chapter 10 Supplementary Provisions

　　Article 56 These measures shall be interpreted by the municipal standardization administrative department.

　　Article 57 The supporting fixed-format documents required during the implementation of these measures shall be published on the official website of the municipal standardization administrative department and revised in a timely manner as needed.

　　Article 58 These measures shall come into effect on January 1, 2024.

　　The "Notice on Issuing the Beijing Municipal Local Standard Management Measures" (Jing Zhi Jian Fa [2018] No. 87) shall be repealed from the date these measures come into effect.