| 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. |