Measures on the Assessment Registration

and Administration of Certification Body

and Certification Training, Consultancy Body

Chapter 1

General Provisions

Article 1 In order to strengthen the supervision of certification body and certification training, consultancy body, regulate the certification market, this Measure is formulated in accordance with relevant law, relevant regulations by State Council and specific situation of certification and accreditation affairs in our country.

Article 2 The term “certification body” in this Measure means operating body for carry on conformity assessment activities on products, service, management system in accordance with technical regulations and standards.

The term “certification training body” in this Measure means operating body for training on certification auditor, certification inspector, consultant, internal auditor, etc or professional personnel related to certification.

The term “certification consultancy body” in this Measure means operating body which engaging the consultancy service related to certification.

Article 3 Certification body and certification training, consultancy body shall comply with relevant laws and regulations, accord with the regulatory of relevant international rules, guarantee the quality of certification, certification consultancy, certification training affairs.

Article 4 This Measure is applicable for approval, registration and administration of the operating body related to certification and certification training, consultancy in the People’s Republic of China.

Chapter 2

Organization Management

Article 5 Certification and Accreditation Administration of the People’s Republic of China (hereinafter referred to as CNCA) is unified manage, supervise and coordinate the national certification and accreditation affairs. CNCA fulfills the following responsibilities:

（1）To develop, declare and organize to implement the management system related to certification, accreditation and conformity assessment;

（2）To approve the establishment of certification body and certification training, consultancy body and its sub body and the representative body of foreign certification body and certification training, consultancy body;

（3）To entrust each directly entry-exit inspection and quarantine bureau, each Provinces, Autonomous region, Municipalities quality technical supervision bureau to assess certification consultancy body establishment;

（4）To implement supervision and administration on certification body and certification training, consultancy body and its sub body, administrative body of foreign-funded certification body and certification training, consultancy body and representative body of foreign certification body and certification training, consultancy body, and investigate the illegal activities according to law, and withdrawal public.

（5）To authorize national accreditation body to implement national accreditation and registration system on certification body, certification training body, and certification personnel;

（6）To declare relevant information for approval certification body and certification training, consultancy body;

（7）To accept the complaint on certification body and certification training, consultancy body and organize to the investigate and withdrawal public.

Article 6 Each directly entry-exit inspection and quarantine bureau, each Provinces, Autonomous region, Municipalities quality technical administration bureau fulfill the following responsibilities:

（1）To assess the establishment of certification consultancy body and its sub body and representative body of foreign certification consultancy body entrusted by CNCA;

（2）To implement administration and supervision on certification body and certification training, consultancy body and its sub body, administrative body of foreign-funded certification training, consultancy body and representative body of foreign certification body and certification training, consultancy body operating together under CNCA.

Article 7 A national accreditation body authorized by CNCA shall fulfill the following responsibilities:

（1）To implement the policies of certification and accreditation;

（2） Organize to develop the rules and procedures of accreditation and registration.

（3）To implement the accreditation, registration on certification body, certification training body and certification personnel;

（4）To implement administration and management on accreditation body and registration personnel;

Chapter 3

Approval and Registration of Certification Body and Certification Training Body

Article 8 A certification body to be established shall meet the following requirements:

（1）Having fixed premises and necessary facilities;

（2）Having registration capita, training equipments, human resource and working environment fit around business;

（3）Quality management system documents accord with relevant regulatory of certification body;

（4）Laws and regulations and other requirements regulated by CNCA.

Article 9 A certification training body to be established shall meet the following requirements:

（1）Having fixed premises and necessary facilities;

（2）Having registration capita, training equipments, human resource and working environment fit around business;

（3）Quality management system documents accord with relevant regulatory of certification body;

（4）Having severalty (authority) training course of intellectual property;

（5）Laws and regulations and other requirements regulated by CNCA

Article 10 Approval and registration of certification body and certification training body shall transact with the following procedures:

（1）The applicant shall male a written application and relevant proof documents to CNCA

 （2）CNCA shall within 60 working days from the date of acceptance of the application decide to approve or disapprove the application. If CNCA decides to approve the application, it shall issue the approve documents to applicant;

  （3）Applicant shall register to State Administration for Industry and Commerce or its authorized local industry and commerce administration bureau with approval documents by CNCA.

Article 11 Certification body and certification training body shall establish the unincorporated sub body, its approval and registration procedure will be transacted according to Article 10

Chapter 4

Approval and Registration of Certification Consultancy Body

Article 12 certification consultancy body to be established shall meet the following requirements:

（1）Having fixed premises and necessary facilities;

 （2）Having registration capita, working environment, human resource and technical resource fit around business;

（3）Quality management system documents accord with relevant regulatory of certification body;

（4）Laws and regulations and other requirements regulated by CNCA.

Article 13 Approval and registration of certification consultancy body shall be transacted with the following procedures:

    （1）The applicant shall make a written application to provinces, autonomous, and municipalities directly under Central Government quality technical supervision bureau;

    （2）Provinces, autonomous, and municipalities directly under Central Government quality technical supervision bureau shall within 60 working days from the date of acceptance of the application to assessment, and refer to CNCA for approval.

    （3）Applicant shall register to State Administration for Industry and Commerce or its authorized local industry and commerce administration bureau with approval documents by CNCA.

Article 14 A certification consultancy body shall establish unincorporated sub body, its approval and registration procedures shall be transacted according to Article 13.

Chapter 5

Approve and Registration of Foreign-funded Certification Body and Certification Training, Consultancy Body

Article 15 Foreign-funded certification body and certification training, consultancy body (include Sino-foreign joint ventures, Sino-foreign cooperation and Foreign-funded body) shall be the limited liability company, its establishment shall have the requirements by Article 8, Article 9, and Article 12, the registered capita can not be lower than 350 thousand dollars, the foreign investor shall accredited by an accreditation in his home country, and has engaged in relevant services for not less than three years.

The registration for setting up a foreign invested certification and certification training, consultancy body is disapproval for the present before Dec 11, 2003, the registration for setting up a foreign-owned certification body and certification training, consultancy body is disapproval for the present before Dec 11, 2005.

Article 16 Approval and registration of a foreign-funded certification body and certification training body shall be transacted with the following procedures:

（1）The applicant shall make a written application and relevant proof documents to CNCA;

（2）CNCA shall within 60 working days from the date of acceptance of the application decide to approve or disapprove the application. If CNCA decides to approve the application, it shall issue the approve documents to applicant;

（3）The applicant shall submit the registration documents for setting up certification body or certification training body to province administration department of foreign trade with approval report by CNCA. The province administration department of foreign trade transfer to Ministry of Foreign Trade and Economic Cooperation after first trial. Ministry of Foreign Trade and Economic Cooperation shall approve the documents according to relevant laws and regulations for foreign-funded;

（4）Applicant shall register to State Administration for Industry and Commerce or its authorized local industry and commerce administration bureau with approval documents by CNCA and approval certificate by Ministry of Foreign Trade and Economic Cooperation.

Article 17 Approval and registration of foreign-funded certification consultancy body shall be transacted with the following procedure:

（1）The applicant shall make a written applicant and relevant proof documents to local entry-exit inspection and quarantine bureau;

（2）Local entry-exit inspection and quarantine bureau shall within 60 working days from the date of acceptance of the application to assessment, and refer to CNCA for approval.

（3）The applicant shall submit the registration documents for setting up certification consultancy body to province administration department of foreign trade with approval report by CNCA. The province administration department of foreign trade transfer to Ministry of Foreign Trade and Economic Cooperation after first trial. Ministry of Foreign Trade and Economic Cooperation shall approve the documents according to relevant laws and regulations for foreign-funded;

（4）Applicant shall register to State Administration for Industry and Commerce or its authorized local industry and commerce administration bureau with approval documents by CNCA and approval certificate by Ministry of Foreign Trade and Economic Cooperation.

Article 18 A foreign-funded certification body and certification training, consultancy body shall set up a unincorporated sub body, its approval and registration procedure shall be transacted according to Article 16, and Article 17.

Article 19 A foreign-funded certification body and certification training, consultancy body setting up a administrative body shall register according to Registration Procedure for Sub Body of Foreign-funded Enterprise.

An administrative body of foreign-funded certification body and certification training, consultancy body may engage in contact business within its business scope, but shall not engage in business activities.

Chapter 6

Approval and Registration of Representative Body of Foreign Certification Body and Certification Training, Consultancy Body

Article 3 Prepare to set up a representative body of foreign certification body and certification training, consultancy body in the People’s Republic of China shall accredited by an accreditation body, and has engage in relevant services for not less than three years.

Article 21 Approval and registration for foreign certification body and certification training body setting up a representative body in the People’s Republic of China shall be transacted with the following procedures:

（1）The applicant shall male a written application to CNCA and relevant proof documents;

（2）CNCA shall within 60 working days from the date of acceptance of the application decide to approve or disapprove the application. If CNCA decides to approve the application, it shall issue the approve documents to applicant;

（3）Applicant shall register to State Administration for Industry and Commerce or its authorized local industry and commerce administration bureau with approval documents by CNCA.

Article 22 Approval and registration for foreign certification consultancy body setting up a representative body in the People’s Republic of China shall be transacted with the following procedures:

（1）The applicant shall make a written application and relevant proof document to local entry-exit inspection and quarantine bureau;

（2）Local entry-exit inspection and quarantine bureau shall within 60 working days from the date of acceptance of the application to assessment, and refer to CNCA for approval.

（3）Applicant shall register to State Administration for Industry and Commerce or its authorized local industry and commerce administration bureau with approval documents by CNCA.

Article 23 A representative body of foreign certification body and certification training, consultancy body setting up in the People’s Republic of China is not the operating body of certification and certification training, and consultancy, it have to obey the relevant regulations of Interim Provisions of Representative Body of Foreign Enterprise Management by State Council （国发1980[272]）.

A representative body of foreign certification body and certification training, consultancy body may engage in indirectly business activities in the People’s Republic of China, it may engage in the business contact, market research, and technical communication, etc in its business scope.

Chapter 7

Supervision and Administration

。Article 24 CNCA shall implement the business administration on certification body and certification training body (include foreign-funded certification body and certification training body) and its sub body, administrative body of foreign-funded certification body and certification training body and representative body of foreign certification body and certification training body.

   Administration on certification and certification training body and its sub body include: annual report assessment, carry on administration and spot check on body operation; carry on spot check to relevant certification enterprises, products.

   Administration on administrative body of foreign-funded certification body and certification training body and representative body of foreign certification body and certification training body: annual report assessment, carry on administration and spot check to body operation.

   CNCA is responsible for organize to investigate and make public on complaint to certification body and certification training, consultancy body.

Article 25 Each local entry-exit inspection and quarantine bureau, each provinces. Autonomous, municipalities directly under Central government quality technical supervision bureau shall implement administration on certification consultancy body (include foreign-funded certification consultancy body) and its sub body, administrative body of foreign-funded certification consultancy body and representative body of foreign certification consultancy body according to duties, which include: annual report assessment, carry on administration and spot check to body operation.

Article 26 A national accreditation body authorized by CNCA shall implement accreditation administration on accredited certification, certification training body.

Article 27 After a certification body registered, it shall be pass the assessment, qualification accreditation by national accreditation body authorized by CNCA according to the requirements and term of approval documents.

Article 28 A certification body shall not have any interest relationship with certification consultancy body. A certification body shall not engage any business related to certification consultancy, and a certification consultancy body shall not engage any certification business, any personnel of certification consultancy body shall not join the certification audit activities on consult from the body with two years.

Chapter 8

Penalties

 Article 29 anyone that engages in certification and certification training, consultancy activities without approval shall be banned by CNCA, industry commerce management department.

Article 30 A certification body and certification training, consultancy body and its sub body, administrative body of foreign-funded certification body and certification training, consultancy body and representative body of foreign certification body and certification training, consultancy body disapproved by approval department shall register to transact the change or cancellation to administration department for industry and commerce.

Article 31 Certification body and certification training, consultancy body issues a false conclusion or forges relevant approval documents in the process of setting up, criminal liability shall be investigated according to law.

Article 32 If a certification body and certification training body who obtain national accreditation qualification disobey the accreditation rule, it will be investigated by national accreditation body according to accreditation rule and procedure, CNCA shall exercise supervision and administration.

Article 33 Where certification body and certification training, consultancy body and its sub body and representative body of foreign certification body and certification training, consultancy body come under any of the following circumstances, it shall be given a written warning, suspend or cancel its approval qualification, if such act constitutes a crime, criminal liability shall be investigated according to law.

（1）False advertisement;

（2）Disobeying the requirements of certification and accreditation rule;

（3）Falsification, and dishonest activities;

（4）Engaging on activities harmful to certification, or using unfair competition way;

（5）The body no longer meets relevant requirement of this Measure;

（6）Other illegal activities.

Article 34 The personnel of certification body and certification training, consultancy body and representative body of foreign certification body and certification training, consultancy body who disobeying relevant regulations shall be investigated according to registration rules and procedures by national accreditation body, if the circumstances are serious, it shall be disqualified and made public by CNCA. If such act constitute a crime, criminal liability shall be liable for the compensation.

Chapter 9

Supplement

Article 35 A applicant of Hong Kong Special Administrative Region, Macao Special Administration Region and Tai Wan set up a joint venture, cooperation body and inclusive investment body who engaging the certification and certification training, and consultancy in other Provinces, Autonomous regions, Municipalities or set up a representative body engaging the contact business within certification shall be transacted according to Chapter 5, and Chapter 6.

Article 36 certification body and certification training, consultancy body who changing the relevant business scope of certification and certification training, and consultancy shall transact the change approval to former approval department according to this Measure, if approval, the approval documents that are established according to this Measure with administration department for industry and commerce. Foreign-funded certification body and certification training, consultancy body who changing joint venture or business scope of certification and certification, and consultancy shall transact to former approval department according to this Measure, if approval, the approval documents and approval certificate that are established according to this Measure with administration department for industry and commerce.

Article 37 Approval documents by CNCA are effective in the People’s Republic of China.

Article 38 All referring registration documents shall be in Chinese.

Article 39 Approval charge is implemented according to national relevant regulations

.

Article 41 Certification and Accreditation Administration of the People’s Republic of China, State General Administration of the People’s Republic of China for Quality Supervision and Inspection and Quarantine, State Administration for Industry and Commerce, Ministry of Foreign Trade and Economic Cooperation will be responsible for explanation according to responsibilities.

Article 41 This Measure will be implemented on May 1, 2002.

Chapter 7

Supervision and Administration

。Article 24 CNCA shall implement the business administration on certification body and certification training body (include foreign-funded certification body and certification training body) and its sub body, administrative body of foreign-funded certification body and certification training body and representative body of foreign certification body and certification training body.

   Administration on certification and certification training body and its sub body include: annual report assessment, carry on administration and spot check on body operation; carry on spot check to relevant certification enterprises, products.

   Administration on administrative body of foreign-funded certification body and certification training body and representative body of foreign certification body and certification training body: annual report assessment, carry on administration and spot check to body operation.

   CNCA is responsible for organize to investigate and make public on complaint to certification body and certification training, consultancy body.

Article 25 Each local entry-exit inspection and quarantine bureau, each provinces. Autonomous, municipalities directly under Central government quality technical supervision bureau shall implement administration on certification consultancy body (include foreign-funded certification consultancy body) and its sub body, administrative body of foreign-funded certification consultancy body and representative body of foreign certification consultancy body according to duties, which include: annual report assessment, carry on administration and spot check to body operation.

Article 26 A national accreditation body authorized by CNCA shall implement accreditation administration on accredited certification, certification training body.

Article 27 After a certification body registered, it shall be pass the assessment, qualification accreditation by national accreditation body authorized by CNCA according to the requirements and term of approval documents.

Article 28 A certification body shall not have any interest relationship with certification consultancy body. A certification body shall not engage any business related to certification consultancy, and a certification consultancy body shall not engage any certification business, any personnel of certification consultancy body shall not join the certification audit activities on consult from the body with two years.

Chapter 8

Penalties

 Article 29 anyone that engages in certification and certification training, consultancy activities without approval shall be banned by CNCA, industry commerce management department.

Article 30 A certification body and certification training, consultancy body and its sub body, administrative body of foreign-funded certification body and certification training, consultancy body and representative body of foreign certification body and certification training, consultancy body disapproved by approval department shall register to transact the change or cancellation to administration department for industry and commerce.

Article 31 Certification body and certification training, consultancy body issues a false conclusion or forges relevant approval documents in the process of setting up, criminal liability shall be investigated according to law.

Article 32 If a certification body and certification training body who obtain national accreditation qualification disobey the accreditation rule, it will be investigated by national accreditation body according to accreditation rule and procedure, CNCA shall exercise supervision and administration.

Article 33 Where certification body and certification training, consultancy body and its sub body and representative body of foreign certification body and certification training, consultancy body come under any of the following circumstances, it shall be given a written warning, suspend or cancel its approval qualification, if such act constitutes a crime, criminal liability shall be investigated according to law.

（1）False advertisement;

（2）Disobeying the requirements of certification and accreditation rule;

（3）Falsification, and dishonest activities;

（4）Engaging on activities harmful to certification, or using unfair competition way;

（5）The body no longer meets relevant requirement of this Measure;

（6）Other illegal activities.

Article 34 The personnel of certification body and certification training, consultancy body and representative body of foreign certification body and certification training, consultancy body who disobeying relevant regulations shall be investigated according to registration rules and procedures by national accreditation body, if the circumstances are serious, it shall be disqualified and made public by CNCA. If such act constitute a crime, criminal liability shall be liable for the compensation.

Chapter 9

Supplement

Article 35 A applicant of Hong Kong Special Administrative Region, Macao Special Administration Region and Tai Wan set up a joint venture, cooperation body and inclusive investment body who engaging the certification and certification training, and consultancy in other Provinces, Autonomous regions, Municipalities or set up a representative body engaging the contact business within certification shall be transacted according to Chapter 5, and Chapter 6.

Article 36 certification body and certification training, consultancy body who changing the relevant business scope of certification and certification training, and consultancy shall transact the change approval to former approval department according to this Measure, if approval, the approval documents that are established according to this Measure with administration department for industry and commerce. Foreign-funded certification body and certification training, consultancy body who changing joint venture or business scope of certification and certification, and consultancy shall transact to former approval department according to this Measure, if approval, the approval documents and approval certificate that are established according to this Measure with administration department for industry and commerce.

Article 37 Approval documents by CNCA are effective in the People’s Republic of China.

Article 38 All referring registration documents shall be in Chinese.

Article 39 Approval charge is implemented according to national relevant regulations

.

Article 41 Certification and Accreditation Administration of the People’s Republic of China, State General Administration of the People’s Republic of China for Quality Supervision and Inspection and Quarantine, State Administration for Industry and Commerce, Ministry of Foreign Trade and Economic Cooperation will be responsible for explanation according to responsibilities.

Article 41 This Measure will be implemented on May 1, 2002.