Administrative Measures for Certification Certificates and Certification Marks (Second Amendment, Order No. 61 of the State Administration for Market Regulation, September 29, 2022)

Administrative Measures for Certification Certificates and Certification Marks

( 2004 Year 6 Moon 23 Order No. of the State Administration for Market Regulation and Inspection and Quarantine of the People’s Republic of China 63 Announced according to 2015 Year 3 Moon 31 Order No. of the State Administration for Market Regulation and Inspection and Quarantine of the People’s Republic of China 162 First revision according to 2022 Year 9 Moon 29 Order No. of the State Administration for Market Regulation of China 61 Second Amendment)

Chapter 1 General Provisions

Article 1   To strengthen the management and supervision of certification certificates and certification marks (hereinafter referred to as “certification certificates and certification marks”) for products, services, and management systems, to standardize the use of such certificates and marks, to safeguard the legitimate rights and interests of certified organizations and the public, and to promote the healthy and orderly development of certification activities, these Measures are formulated in accordance with the provisions of the "Regulations of the People's Republic of China on Certification and Accreditation" (hereinafter referred to as the "Regulations") and other relevant laws and administrative regulations.

Article 2   The certification certificates referred to in these Measures are documentary evidence obtained when products, services, or management systems have undergone certification. Certification certificates include product certification certificates, service certification certificates, and management system certification certificates.

The certification mark referred to in these Measures means a proprietary symbol, graphic, or a combination of symbols, graphics, and text used to indicate that a product, service, or management system has been certified. Certification marks include product certification marks, service certification marks, and management system certification marks.

Article 3   These Measures apply to the development, issuance, use, and supervision and inspection of certification certificates and certification marks.

Article 4   The State Administration for Market Regulation is legally responsible for the management, supervision, and overall coordination of certification certificates and certification marks.

Local market supervision and administration departments at or above the county level are legally responsible for the supervision and inspection of certification certificates and certification marks within their jurisdictions.

Article 5   The falsification, unauthorized use, transfer, and illegal trading of certification certificates and certification marks are prohibited.

Chapter 2: Certification Certificates

Article 6   The certification body shall conduct certification activities in accordance with the basic certification standards and certification rules, and shall issue a certification certificate to the client within the prescribed time limit if the certification is passed.

Article 7   The product certification certificate includes the following basic information:

(1) Name and address of the principal;

(2) Product name, model, and specifications; description of product functions and features, as needed.

(3) Product trademark, manufacturer’s name, and address;

(4) Name and address of the product manufacturer;

(5) The standards and technical requirements on which the certification is based;

(6) Certification Mode;

(7) Certificate Number;

(8) Issuing authority, date of issuance, and validity period;

(9) Other matters that need to be explained.

Article 8   The service certification certificate includes the following basic contents:

(1) Name and address of the certified organization;

(2) The scope of business covered by the certified services;

(3) The standards and technical requirements upon which the certification is based;

(4) Certification certificate number;

(5) Issuing authority, date of issuance, and validity period;

(6) Other matters that need to be explained.

Article 9   The management system certification certificate includes the following basic contents:

(1) Name and address of the certified organization;

(2) The scope of business covered by the management system of the certified organization;

(3) The standards and technical requirements upon which the certification is based;

(4) Certificate Number;

(5) Issuing authority, date of issuance, and validity period;

(6) Other matters that need to be explained.

Article 10   Organizations that have obtained certification shall use the certification certificate and related information correctly in advertising, publicity, and other activities. When significant changes occur in certified products, services, or management systems, the certified organizations and individuals shall apply to the certification body for a change. If no change is made, or if the certification body’s investigation reveals non-compliance with the certification requirements, the organization shall not continue to use the certification certificate.

Article 11   The certification body shall establish a management system for certification certificates, conduct effective follow-up investigations into how organizations and individuals that have obtained certification use their certification certificates, and, in cases where certification requirements are no longer met, shall suspend the use of such certificates until they are revoked and publicly announce the revocation. Revoked or canceled certification certificates shall be retrieved; if retrieval is impossible, the certificates shall be publicly announced.

Article 12   It is prohibited to use product certification certificates and related text or symbols to mislead the public into believing that their services or management systems have been certified. It is prohibited to use service certification certificates and related text or symbols to mislead the public into believing that their products or management systems have been certified. It is prohibited to use management system certification certificates and related text or symbols to mislead the public into believing that their products or services have been certified.

Chapter 3: Certification Mark

Article 13   Certification marks are divided into mandatory certification marks and voluntary certification marks.

Voluntary certification marks include the nationally unified voluntary certification mark and certification marks developed independently by certification bodies.

The mandatory certification mark and the nationally unified voluntary certification mark are proprietary certification marks exclusively designated by the state.

A certification mark developed independently by the certification body refers to a certification mark exclusively owned by that certification body.

Article 14   The formulation and use of mandatory certification marks and nationally unified voluntary certification marks shall be prescribed and announced by the State Administration for Market Regulation in accordance with the law.

Article 15   The design (including the symbols used), text, and name of the certification mark developed independently by the certification body shall comply with the following provisions:

(1) It shall not be identical with or similar to the mandatory certification mark, the nationally unified voluntary certification mark, or any certification mark independently developed and published by other certification bodies.

(2) Must not disrupt social management order;

(3) It is prohibited to use words, symbols, or designs of publicly known social public resources or certification names with specific meanings as components of a certification mark.

(4) Texts, symbols, or patterns that are likely to mislead the public, give rise to social discrimination, undermine social ethics and morality, or otherwise have adverse effects may not be used as components of certification marks.

(5) Provisions of other laws, administrative regulations, or relevant technical specifications and standards formulated by the state.

Article 16   The certification body shall publicly disclose to the public information regarding the appearance of the certification mark (including the symbols used), text, name, scope of application, identification methods, and usage guidelines.

Article 17   The certification body shall establish a management system for certification marks, clearly defining the rights and obligations of users of these marks. It shall also conduct effective follow-up investigations into how organizations that have obtained certification use the certification marks. If it is discovered that the certified products, services, or management systems no longer meet the certification requirements, the certification body shall promptly decide to suspend or terminate the organization’s right to use the certification mark and publicly announce such decision.

Article 18   Organizations that have obtained product certification shall use the product certification mark correctly in promotional materials such as advertisements and product descriptions. They may affix the product certification mark on certified products and their packaging; however, they must not use the product certification mark to mislead the public into believing that their services or management systems have also been certified.

Article 19   Organizations that have obtained service certification shall use the service certification mark correctly in advertisements and other promotional materials. They may display the service certification mark within areas where the service has been certified, but they must not use the mark to mislead the public into believing that their products or management systems have also been certified.

Article 20   Organizations that have obtained management system certification shall use the management system certification mark correctly in advertisements and other related promotional materials. They must not affix the management system certification mark directly to products. The management system certification mark may be displayed on product packaging only when it is clearly indicated that the certified organization has obtained the relevant management system certification.

Chapter Four: Supervision and Inspection

Article 21   The State Administration for Market Regulation organizes local market regulation departments at or above the county level to conduct supervision and inspection on the use of certification certificates and certification marks. Any illegal activities involving the forgery, unauthorized use, transfer, or illegal trading of certification certificates and certification marks will be investigated and dealt with according to law.

Article 22   The State Administration for Market Regulation conducts supervision and inspection on the management of certification certificates and certification marks by certification bodies.

The certification body shall submit an annual report to the State Administration for Market Regulation regarding its management of certification certificates and certification marks. The annual report shall include information on its ongoing monitoring and investigation into how certified organizations are using their certification certificates and certification marks.

Article 23   The certification body shall publish information related to the use of its certification certificates and certification marks, so as to facilitate public inquiries and social oversight.

Article 24   Any organization or individual may report to the market supervision and administration authorities any illegal or non-compliant activities, such as forging, misusing, transferring, or illegally buying and selling certification certificates and certification marks.

Chapter 5: Penalties

Article 25   In violation of Article 12 of these Measures, if certification certificates and certification marks are used in a confusing manner, the local market supervision and administration departments at or above the county level shall order the violator to make corrections within a specified time limit. Failure to make corrections within the deadline shall result in a penalty of... 2 A fine of less than 10,000 yuan.

If a product has not been certified but falsely claims certification—either on the product itself, its packaging, or in other promotional materials such as advertisements—local market supervision and administration departments at or above the county level shall impose penalties for the illegal act of forging or misusing certification marks.

Article 26   In violation of the provisions of these Measures, anyone who forges or uses another’s certification certificate shall be ordered by the market supervision and administration departments at or above the county level to make corrections and shall be subject to a fine. 3 A fine of 10,000 yuan.

Article 27   Any violation of the provisions of these Measures involving the illegal buying, selling, or transfer of certification certificates shall be ordered by the market supervision and administration departments at or above the county level to make corrections and shall be subject to a fine. 3 A fine of 10,000 yuan; if a certification body sells or transfers a certification certificate to a client who has not passed the certification, it shall be penalized in accordance with Article 61 of the Regulations.

Article 28   If a certification body’s self-established certification mark violates the provisions of Article 15 of these Measures, it shall be penalized in accordance with Article 60 of the Regulations; if it violates other laws or administrative regulations, it shall be penalized according to those other laws and administrative regulations.

Article 29   If a certification body fails to promptly suspend the use of a certification certificate and certification mark when it finds that the certified products, services, or management systems can no longer continuously meet the certification requirements, or fails to promptly revoke the certification certificate or stop the use of the certification mark, it shall be penalized in accordance with Article 59 of the Regulations.

Article 30   If a certification body violates the provisions of Article 16 and Article 23 of these Measures and fails to publicly disclose the relevant information, it shall be ordered to make corrections within a specified time limit; if it fails to make corrections within the deadline, it shall receive a warning.

Article 31   Those who forge, misuse, or illegally trade certification marks shall be penalized in accordance with the relevant laws and administrative regulations, including the Product Quality Law of the People’s Republic of China and the Inspection Law of Import and Export Commodities of the People’s Republic of China.

Chapter VI Supplementary Provisions

Article 32   The fees for certification certificates and certification marks shall be charged in accordance with the provisions of relevant national laws and administrative regulations on pricing.

Article 33   This regulation is interpreted by the State Administration for Market Regulation.

Article 34   This measure shall take effect from... 2004 Year 8 Moon 1 Effective from the date of issuance. 1992 Year 2 Moon 10 The “Administrative Measures for Product Quality Certification Certificates and Certification Marks” issued by the former State Administration of Technical Supervision, and 1995 Year 9 Moon 21 The provisions concerning certification marks in the "Administrative Measures for the Labeling of Import and Export Commodities" issued by the former State Administration for Quality Inspection shall be repealed concurrently.