What are the risks of using expired or invalid ISO certification certificates?
Release Date:
2024-04-11 11:40
Source:
ISO Encyclopedia Official Account
ISO system certification is a "strict threshold" for many project bids. , however, passing ISO certification does not mean you can rest easy. For example, many customers fail to conduct timely annual reviews and only discover the certificate has expired when they need to use it.
01 How long is the validity period of the ISO certification certificate?
The validity period of the ISO certification certificate is three years. However, the premise is that the enterprise must accept the supervisory audit of the certification body, that is, the annual review. The ISO system certificate requires an annual review each year from the date of issuance, known as "three years with two reviews," with each review no more than one year apart, generally conducted every 10-12 months.
First, certificates that are processed normally, reviewed on time, and within the three-year validity period will be shown as valid status , indicating that the certificate has no issues and can be used normally.
For those who delay and do not accept the ISO annual review, the certification body has the right to suspend the certificate in the certification and accreditation administration system backend . If the customer needs to restore it within three months after suspension, in addition to the corresponding annual review fee, an additional restoration fee must be paid. Beyond three months, the certification body has the right to report to the certification and accreditation administration to declare the certificate revoked or invalid. If the customer wants to restore it, they must reapply for certification, which is not cost-effective.
02 What are the consequences for enterprises using expired ISO certificates?
Product Quality Law of the People's Republic of China
Article 14
The state implements an enterprise quality system certification system based on internationally accepted quality management standards. Enterprises may voluntarily apply to certification bodies recognized by or authorized by the State Council's product quality supervision department for enterprise quality system certification. Upon passing certification, the certification body issues an enterprise quality system certification certificate.
The state implements a product quality certification system based on internationally advanced product standards and technical requirements. Enterprises may voluntarily apply to certification bodies recognized by or authorized by the State Council's product quality supervision department for product quality certification. Upon passing certification, the certification body issues a product quality certification certificate, allowing enterprises to use the product quality certification mark on the product or its packaging.
Article 53
Those who forge product origins, forge or misuse others' factory names or addresses, or forge or misuse certification marks and other quality marks shall be ordered to make corrections, have the illegally produced or sold products confiscated, and be fined an amount equivalent to the value of the illegally produced or sold products; if there is illegal income, it shall be confiscated; in serious cases, the business license shall be revoked.
Article 59
Those who make false advertisements about product quality, deceiving and misleading consumers, shall be held legally responsible in accordance with the "Advertising Law of the People's Republic of China."
"Measures for the Administration of Certification Certificates and Certification Marks"
Article 5
It is prohibited to forge, misuse, transfer, or illegally trade certification certificates and certification marks.
Article 10
Organizations that have obtained certification shall correctly use certification certificates and related information in advertisements, publicity, and other activities. When there are significant changes in certified products, services, or management systems, the certified organization and individuals shall apply to the certification body for changes, and if changes are not made or the certification body finds non-compliance with certification requirements after investigation, the certification certificate shall not continue to be used.
Article 11
Certification bodies shall establish a certification certificate management system, effectively track and investigate the use of certification certificates by certified organizations and individuals, and suspend or revoke certification certificates that do not meet certification requirements, and make public announcements; certification certificates that are revoked or canceled shall be recovered; if recovery is not possible, they shall be announced publicly.
Article 12
It is prohibited to use product certification certificates and related words or symbols to mislead the public into believing that their services or management systems are certified; it is prohibited to use service certification certificates and related words or symbols to mislead the public into believing that their products or management systems are certified; it is prohibited to use management system certification certificates and related words or symbols to mislead the public into believing that their products or services are certified.
Article 18
Certification bodies shall establish a certification mark management system, clarify the rights and obligations of certification mark users, effectively track and investigate the use of certification marks by certified organizations, and promptly decide to suspend or stop the use of certification marks if the certified products, services, or management systems do not meet certification requirements, and make public announcements.
Article 19
Organizations that have obtained product certification shall correctly use the product certification mark in advertisements, product introductions, and other promotional materials, and may mark the product certification mark on certified products and their packaging, but shall not use the product certification mark to mislead the public into believing that their services or management systems are certified.
Article 20
Organizations that have obtained service certification shall correctly use the service certification mark in advertisements and related publicity, may hang the service certification mark in the area where the service certification is obtained, but shall not use the service certification mark to mislead the public into believing that their products or management systems are certified.
第二十一条
Organizations that have obtained management system certification shall correctly use the management system certification mark in advertisements and other related promotions. They shall not mark the management system certification mark on products. Only when it is indicated that the certified organization has passed the relevant management system certification can the management system certification mark be marked on the product packaging.
Article 22
The National Certification and Accreditation Administration Committee organizes local certification supervision and management departments to supervise and inspect the use of certification certificates and certification marks, and shall investigate and deal with illegal acts such as forging, misusing, transferring, and illegally buying and selling certification certificates and certification marks according to law.
Article 27
Violating the provisions of Article 12 of these Measures, if the certification certificate and certification mark are confusedly used, the local certification supervision and management department shall order correction within a time limit, and impose a fine of up to 20,000 yuan if not corrected within the time limit.
If certification has not been passed, but false words are used on its products or product packaging, advertisements, and other promotions to indicate that it has passed certification, the local certification supervision and management department shall punish it as an illegal act of forging or misusing certification marks.
Article 28
Violating the provisions of these Measures by forging or misusing certification certificates, the local certification supervision and management department shall order correction and impose a fine of 30,000 yuan.
Article 29
Violating the provisions of these Measures by illegally buying, selling, or transferring certification certificates, the local certification supervision and management department shall order correction, and impose a fine of 30,000 yuan ; certification bodies selling or transferring certification certificates to certification clients who have not passed certification shall be punished in accordance with Article 62 of the regulations.
Therefore, for factories or enterprises, once the certificate has expired, do not risk violating regulations by continuing to use it! According to ISO standards requirements, earnestly implement, maintain, and continuously improve the system. We believe the ISO system will definitely create added value benefits for you.
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