
|
China
Chamber Of Commerce For Import & |
| Export Of
Machinery & Electronics Products |
PROVISIONS FOR THE ADMINISTRATION OF QUALITY LICENSE FOR
THE
EXPORT OF LIGHT INDUSTRIAL MACHINERY AND ELECTRONIC PRODUCTS
(Promulgated by the State Administration of Import and Export Commodity
Inspection and China National Council of
Light Industry on October 26, 1995)
Chapter 1 General Provisions
Article 1 These Provisions are formulated in order to
well carry out the work of application, issuance of licenses and
administration of quality licenses for the export of light industrial machinery and
electronic products in accordance with the
relevant provisions of the "Law of the People's Republic of China on Import and
Export Commodity Inspection" and the relevant
provisions prescribed by the State.
Article 2 These Provisions apply to all export of
light industrial machinery and electronic products, the catalog of the export of
light industrial machinery and electronic products under quality license shall be
published by the State Administration of Import
and Export Commodity Inspection (hereinafter referred to as the State Administration of
Commodity Inspection) and China
National Council of Light Industry.
Article 3 The State Administration of Commodity
Inspection and China National Council of Light Industry shall exercise
leadership, organization coordination, supervision and administration on the work of
quality licenses for the export of light
industrial machinery and electronic products, accredit the inspection and testing units,
examine and approve the detailed rules
for implementation and issue and revoke the export quality license.
Article 4 The import and export commodity inspection
authorities directly under the State Administration of Commodity
Inspection and the light industrial bureaus, departments, the general association (the
head corporation) of the provinces,
autonomous regions, municipalities directly under the central government and cities listed
seperately on the State plans
(hereinafter referred to as the light industrial bureaus, departments) are in charge of
the assessment on factories of the local
applying enterprises, supervision and administration over the export quality licenses upon
the entrustment of the State
Administration of Commodity Inspection and China National Council of Light Industry within
the validity period of the quality
license.
Article 5 The inspection and testing on the export
light industrial machinery and electronic products under quality license shall
be conducted by the inspection and testing units subject to the examination and
accreditation jointly made by the State
Administration of Commodity Inspection and China National Council of Light Industry in
accordance with the relevant provisions or
by the qualified laboratories.
Article 6 The inspection and testing units are in
charge of inspection and testing on products, formulate the implementing
detailed rules on quality license for the export of light industrial machinery and
electronic products, and may also join in the work
of assessment on factories.
Article 7 For those light industrial machinery and
electronic products under quality license, the enterprises, before exporting
these products, must obtain the quality license, No products shall be allowed to be
exported without such quality license. In
some special circumstances, these products subject or approval of the State Administration
of Commodity Inspection and China
National Council of Light Industry may be allowed for export. For those export of light
industrial machinery and electronic
products under license, the local commodity inspection authorities shall accept the
application for inspection against the quality
license and the Customs shall check and release the exports upon presentation of the
inspection certificates or the releasing
notices issued by the commodity inspection authorities the seals of the commodity
inspection authorities affixed on the Customs
declaration.
Chapter II
Requirements for Quality License
Article 8 The enterprises applying for the quality
license must have a complete quality assurance system in compliance with
the stipulations prescribed in the "Requirements for Assessment of Quality System of
Factories under Quality License for the
Export of Light Industrial Machinery and Electronic Products" (hereinafter referred
to as the Requirements for Assessment on
System).
Article 9 The export of light industrial machinery and
electronic products applying for quality license must meet the following
requirements:
1. The products must conform to the standards set by the State or by
the trade;
2. The products without the standards set by the State or by the trade,
may conform to the standards set by the enterprises
certificated by China National Council of Light Industry according to the contractual
stipulations;
3.If the foreign trade contracts or agreements contain the inspection
standards and requirements, the products must meet
such standards and requirements agreed in the contracts or agreements;
4. If the products are processed according to supplied designs or
samples, the quality of such products must meet the
technical requirements jointly made by the export enterprises and the local commodity
inspection authorities according to the
supplied designs and samples.
The quality license obtained by the enterprises according to the
standards defined in items 2.3. or 4 shall be only valid for the
special contracts.
Article 10 The packagings of the export of light
industrial machinery and electronic products must conform to the requirements
set by the Ministry of Foreign Trade and Economic Cooperation, the State Administration of
Commodity Inspection and China
National Council of Light Industry.
Chapter III
Procedures for the Application and Issuance of Quality License
Article 11 The export enterprises under quality license
for the export of light industrial products must apply for quality licenses
to the local commodity inspection authorities and take back the application forms within
the prescribed period of time according
to the category, variety or types of products. The application forms shall be uniformly
printed by China National Council of Light
Industry and send to the local commodity inspection authorities. The production
enterprises shall fill in the application forms in 6
copies. Subject to the written comments made by their competent units and the light
industrial bureaus and departments, the
copies of application forms together with one copy of the practical quality manual or one
copy of the quality control documents
shall be sent to the local commodity inspection authorities. Thus samplings and sealing
samples shall be conducted by the
commodity inspection authorities and the light industrial bureaus and departments in
accordance with the Implementation
Detailed Rules on the Quality License for the Export of Light Industrial Machinery and
Electronic Products.
Article 12 The samples drawn or sealed shall be sent
to the inspection and testing units by the production enterprises. The
inspection and testing units upon receipt of the samples drawn or sealed must complete the
inspection and testing on samples
within 3 months. After making their written comments on the application forms, they must
submit the application forms in 6
copies together with a copy of inspection and testing report to the entrusting commodity
inspection authorities.
Article 13 When making application, the following
documents and materials shall be presented:
1. Copy of business license;
2. The practical quality manual or quality control documents;
3. The list of major equipment for production, technological
installation, instruments and meters;
4. The list of major equipment, instruments end meters, and tools for
inspection and testing;
5. The list of components and parts bought or supplied;
6. The product technical requirements specified in the contracts signed
between the enterprises and customers;
7. The requirements for packages of export products.
Article 14 Subject to qualified inspection and testing
on samples, the commodity inspection authorities and the light industrial
bureaus and departments, the relevant units etc. shall form an assessment group and
conduct the assessment on the factory
quality system and make their written comments of assessment. The assessment group shall
be generally composed of 3-5
assessors.
Article 15 For those qualified production enterprises
through inspection on products and assessment on factories, the
commodity inspection authorities shall send the application forms and copies, reports on
assessment of factories, reports on
inspection and testing of products together with the relevant materials to China National
Council of Light Industry.
Article 16 China National Council of Light Industry,
after examining the materials sent shall submit them to the State
Administration of Commodity Inspection for examination and approval, and give numbers.
Then, the State Administration of
Commodity Inspection for examination and approval, and give numbers. Then, the State
Administration of Commodity Inspection
and China National Council of Light Industry shall issue the quality license for the
export of light industrial products according to
the varieties of products. The validity period of a quality license is generally 5 years.
Article 17 The reduction and remission of assessment
on factories and inspection and testing on products:
1. For those production enterprises which have obtained the production
licenses apply for the quality license for the export of
light industrial products within one year(subject to the date of issuance of the
production licenses), the assessment on factories
and inspection and testing on products shall be reduced or remitted, if the contents of
assessment and standards for inspection
and testing are same.
2. For those products subject to certification and random inspection
under supervision by the departments at the ministerial
level, if the inspection and testing units are same, the qualified items covered in the
same items shall not be requived to be
inspected or tested.
3. For those enterprises which have obtained the ISO 9001 and ISO 9002
certification certificates issued by the assessment
organizations accredited by the working committee of the quality system (ISO 9000) of the
export production enterprises, the
factories may be exempted form assessment.
Article 18 The production enterprises when applying
for reduction and remission of assessment on factories conditions and
inspection and testing on products shall clearly state in the application forms reasons
for reduction and remission, and provide
the necessary materials subject to approval by the light industrial bureaus, departments
and the local commodity inspection
authorities. The factories may be exempted from assessment and products from inspection
and testing respectively.
Article 19 For those products which have been granted
the quality licenses for the export of light industrial products, when
great change have been taken place in the structure, technological processes, production
conditions and technical standards,
etc., licenses shall be renewed. When applying for quality license for new export
products, they must go through survey on
products and types-finalizing. The quality of products manufactured must be stable before
application for quality license is filed.
Article 20 When the quality of products through
inspection and testing fail to meet the required standards, the inspection and
testing units shall notify the application units and the local commodity inspection
authorities as well as the light industrial
bureaus, departments. When the enterprises fail to meet the standards for products quality
for the first time, it may reapply for
license, after improvements are made within 6 months. When it fills to meet the standards
for the second time, the application
may be remade after one year.
Article 21 The production enterprises being granted
the quality license shall remake the application to the local commodity
inspection authorities 6 months before the expiration date of the license. The formalities
for this application are the same to those
for the first application.
Chapter IV
Supervision and Administration
Article 22 The commodity inspection authorities in the
place where the production enterprises located and the light industrial
bureaus and departments are in charge of supervision and administration on the enterprises
being granted the quality license for
the export of light industrial products. During the validity period of the quality license
for export of light industrial products,
reexamination shall be conducted twice and if necessary, more examination shall be carried
out with the approval of the State
Administration of Commodity Inspection and China Nationals Council of Light Industry.
Article 23 The enterprises being granted the quality
license for the export of light industrial products must report once a year to
the local commodity inspection authorities, the light industrial bureaus and departments,
the quality of export products and the
situation of examination by the enterprises themselves, and timely report the major
changes in technical requirements of the
products, foreign claims for compensation, goods returned and major quality accidents and
the result of handling to the local
commodity inspection authorities and the light industrial bureaus and departments.
Article 24 The quality license for the export of light
industrial products in any one of the following cases within the validity
period shall be revoked and withdrawn by the local commodity inspection authorities and
the light industrial bureaus
and departments subject to approval of the State Administration of Commodity Inspection
and China National Council of Light
Industry.
1. Foreign reaction against the quality of products is strong and
claims for compensation are received twice or goods are
returned twice and the responsibility subject to investigation is affixed on the
production enterprises;
2. When the local commodity inspection authorities conduct inspection
on the export products, two out of five batches of
products found are not qualified;
3. Those products subject to reexamination are not qualified and do not
meet the requirements through improvements in 3
months.
Article 25 The enterprises which have been revoked the
quality license for the export of light industrial products may remake
the application from the date of revoking the quality license of the export of light
industrial products after 6 months.
Article 26 For cases of forging, altering,
transferring and faking quality license, responsibility shall be affixed on the person
directly responsible according to the Commodity Inspection Law and the Regulations for the
Implementation of the Commodity
Inspection Law, apart from revoking the quality license for the light industrial products.
Article 27 For those exporting products under the
quality license system for the export of light industrial products without
being granted the quality license for the light industrial products, the person directly
responsible shall be prosecuted accruing to
he Criminal Law.
Article 28 The working personnel responsible for
inspection and testing on products and assessment on factories must strictly
abide by the working discipline and "Rules on Honest and Self-Discipline".
Chapter V
Supplementary Provisions
Article 29 The collection of fee of the export quality
license must follow the principle for lightening the burden on the
enterprises and seeking no profit. The standard for fee-collecting shall be carried out
according to the provisions by the state.
Article 30 The inspection and testing units when
undertaking the business concerning the export quality license must use the
uniform stamps of the export quality license.
Article 31 These Provisions come into effect from the
date of promulgation. The State Administration of Commodity Inspection
and China National Council of Light Industry are responsible for the interpretation of
these Provisions. If any documents published
by the State Administration of Commodity Inspection and China National Council of Light
Industry of the past are in conflict with
these Provisions, these Provisions shall prevail. The Provisions for Examination on
Quality License for the Export of Light
Industry Machinery and Electronic Products shall be rescinded as of the same date.