(Promulgated by the State Administration of Import and Export Commodity Inspection and China National Council of Light Industry on October 26, 1995)
Contents
Chapter I General Provisions
Chapter II Requirements for Quality License
Chapter III Procedures for the Application and Issuance of Quality License
Chapter IV Supervision and Administration
Chapter V Supplementary Provisions
Chapter I 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.
