The full text of the new version of the "Management Measures for Certification Bodies" has been released

Recently, the State Administration for Market Regulation issued the "Decision of the State Administration for Market Regulation on Amending Some Regulations" (Order No. 31), which comprehensively revised 30 departmental regulations. This includes the Management Measures for Certification Bodies. The following is the full text of the "Management Measures for Certification Bodies" (revised in 2020):


Management Measures for Certification Bodies


 

(Announced by Order No. 193 of the General Administration of Quality Supervision, Inspection and Quarantine of China on November 14, 2017, revised according to Order No. 31 of the State Administration for Market Regulation on October 23, 2020)
Chapter 1 General Provisions
Article 1: In order to strengthen the supervision and management of certification bodies, standardize certification activities, and improve the effectiveness of certification, these Measures are formulated in accordance with the provisions of relevant laws and administrative regulations such as the Certification and Accreditation Regulations of the People's Republic of China (hereinafter referred to as the "Certification and Accreditation Regulations").
Article 2: The certification body referred to in these Measures refers to a legally qualified certification body that independently conducts qualification assessments on whether products, services, and management systems comply with standards and relevant technical specifications, and has legal personality.
Article 3: Certification institutions and their supervision and management engaged in certification activities within the territory of the People's Republic of China shall be subject to these Measures.
Article 4: The competent certification and accreditation supervision and management department of the State Council shall be responsible for the qualification approval and supervision of certification institutions.
The certification supervision and management departments at or above the county level shall be responsible for the supervision and management of certification activities conducted by certification institutions within their jurisdiction in accordance with the provisions of these Measures.
Article 5: Certification institutions engaged in certification activities shall follow the principles of fairness, openness, objectivity, independence, honesty and credibility, and maintain the social credit system.
Article 6: Certification bodies and their personnel shall have the obligation to keep confidential any state secrets or trade secrets they become aware of during their certification activities.
Chapter 2 Qualification Approval
Article 7: Obtaining the qualification of a certification body shall be approved by the certification and accreditation supervision and management department of the State Council. Without approval, no unit or individual may engage in certification activities.
Article 8: To obtain the qualification of a certification body, the following conditions shall be met:
（1） Obtain legal personality;
（2） Having a fixed office space and necessary facilities;
（3） There is a management system that meets certification and accreditation requirements;
（4） The registered capital shall not be less than RMB 3 million;
（5） There are more than 10 full-time certified personnel in the corresponding field.
Certification agencies engaged in product certification activities should also possess technical capabilities such as testing and inspection that are suitable for engaging in related product certification activities.
Article 9 Qualification approval procedures for certification bodies:
（1） The applicant for certification body qualification (hereinafter referred to as the applicant) shall apply to the certification and accreditation supervision and management department of the State Council, submit relevant supporting documents that meet the conditions stipulated in Article 8 of these Measures, and be responsible for their authenticity, validity, and legality.
（2） The certification and accreditation supervision and management department of the State Council shall conduct a preliminary review of the supporting documents submitted by the applicant and make a written decision on acceptance or rejection within 5 days from the date of receipt. If the application materials are incomplete or do not conform to the legal form, the applicant shall be informed of all the content that needs to be supplemented at once.
（3） The certification and accreditation supervision and management department of the State Council shall make a decision on whether to approve the qualification application of the certification body within 45 days from the date of acceptance. For those who have decided to approve, a "Certification Body Approval Letter" shall be issued to the applicant. If it is decided not to approve, the applicant shall be notified in writing and the reasons shall be explained.
If an expert review of the applicant's technical abilities such as certification, testing, and inspection is required, the expert review period shall not exceed 30 days. The review time is not included in the approval period.
Article 10: The certification and accreditation supervision and administration department of the State Council shall formulate, adjust, and publish a directory of certification fields. Certification institutions shall engage in certification activities in the approved certification fields in accordance with the basic certification norms and rules.
If it belongs to a new field of certification and the certification and accreditation supervision and management department of the State Council has not yet formulated certification rules, the certification body may formulate certification rules on its own and report the relevant information of the certification rules to the certification and accreditation supervision and management department of the State Council for filing within 30 days after the publication of the certification rules.
Article 11: If a certification body falls under any of the following circumstances, it shall apply to the certification and accreditation supervision and management department of the State Council within 30 days from the date of change to handle the procedures for changing the "Certification Body Approval Letter":
（1） Narrowing down the scope of approval and certification;
（2） Changing the nature of the legal entity, shareholders, and registered capital;
（3） Merger or division;
（4） Changing the name, address, and legal representative.
Expanding the certification field shall be handled by the certification and accreditation supervision and management department of the State Council in accordance with the provisions of Article 9 of these Measures.
Article 12: The validity period of the Certification Body Approval Letter is 6 years.
If the certification body needs to extend the validity period of the "Certification Body Approval Letter", it shall apply to the certification and accreditation supervision and management department of the State Council 30 days before the expiration of the validity period of the "Certification Body Approval Letter".
The certification and accreditation supervision and management department of the State Council shall conduct a written review of the certification body that has submitted an application for renewal in accordance with the qualification conditions and approval procedures stipulated in these Measures, and make a decision on whether to approve the renewal before the expiration of the "Certification Body Approval Letter".
Chapter 3 Code of Conduct
Article 13: Certification bodies shall establish risk prevention mechanisms, take reasonable and effective measures against the risks and responsibilities that may arise from their certification activities, and assume corresponding social responsibilities.
Certification bodies shall not engage in certification activities beyond the approved scope.
Article 14 Certification institutions shall establish and improve the management system for certification personnel, regularly train certification personnel, and ensure that their abilities continue to meet the relevant requirements of the state on the professional qualifications of certification personnel.
Certification agencies shall not hire personnel who are prohibited or restricted by national laws, regulations, and policies from engaging in certification activities.
Article 15: Certification bodies shall publish the following information through their websites or other forms and ensure its authenticity and validity:
（1） Self declaration of engaging in certification activities in accordance with the law;
（2） Certification field, certification rules, certification certificate style, certification logo style;
（3） The name, address, and certification activity content of the branch established to undertake its certification activities;