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Provisions on the Accreditation of Foreign Inspection Laboratories (for Trial Implementation)          【字体:
Provisions on the Accreditation of Foreign Inspection Laboratories (for Trial Implementation)
更新时间:2007-5-2
  1988.08.15
STATE ADMINISTRATION FOR THE INSPECTION OF IMPORT & EXPORT COMMODITY
  PROVISIONS  ON  THE  ACCREDITATION  OF  FOREIGN INSPECTION
LABORATORIES (FOR TRIAL IMPLEMENTATION)
 (Promulgated  by  State  Administration  of  Import and Export
Commodity Inspection on August 15, 1988)
CONTENTS
CHAPTER I GENERAL PROVISIONS
CHAPTER II ACCREDITATION AUTHORITY
CHAPTER III FUNDAMENTAL REQUIREMENTS FOR ACCREDITATION
CHAPTER IV ACCREDITATION PROCEDURES
CHAPTER V DUTIES AND RIGHT OF AN ACCREDITED LABORATORY
CHAPTER VI SUPERVISION
CHAPTER VII SUPPLEMENTARY ARTICLES
CHAPTER I GENERAL PROVISIONS
 @@  Article  1.  In  accordance  with  the  Regulations on the
Inspection of Import  and  Export  Commodities  of  the People's
Republic of China and the Administration Regulations on Quality of
Import Commodities issued by the State Administration of Import and
Export  Commodity  Inspection of the People's Republic of China,
the  State Economic Commission, Ministry of Foreign Economic Relations
and Trade and the Customs General Administration, the Provisions on
the Accreditation of Foreign Inspection Laboratories are formulated to
facilitate  the  international  trade,  strengthen the inspection,
supervision  and  administration  of  import  commodities and to
provide services  of  necessary  inspection  and  accreditation
for  foreign manufacturers and traders to introduce their products
into Chinese market.
 @@  Article  2.  The  State Administration of Import and Export
Commodity Inspection of the People's Republic of China (hereinafter
referred to as the  State Administration of Commodity Inspection)
conducts accreditation of foreign inspection laboratories (including
inspection organizations, which are generally referred to as foreign
inspection  laboratories)  applying  for  qualification  as  the
Inspection Laboratories of Chinese Import and Export Commodities. Any
foreign  inspection  laboratory  intending to carry our inspection,
quality  certification, type test of inspection marks and quality
licensing  of  Chinese  import  commodities, or intending to act as
agent  to inspect and supervise the production conditions in factories
shall go through the procedures under these Provisions.
  @@  Article  3.  Foreign inspection laboratories meeting the
requirements  of accreditation  standards  shall  be  granted the
qualification as Inspection Laboratories of Chinese Import and Export
Commodities.
CHAPTER II ACCREDITATION AUTHORITY
 @@  Article  4.  The Administration of Commodity Inspection is the
competent accreditation  authority in charge of the administration on
application and assessments of foreign inspection laboratories.
CHAPTER III FUNDAMENTAL REQUIREMENTS FOR ACCREDITATION
  @@  Article  5

.  any  foreign  inspection  laboratory  seeking
accreditation shall meet the fundamental requirements as follows:
 (1) Registered in its own country in accordance with the local
legal provisions, having the right as a legal person;
 (2)  Indepentently  undertaking  the inspection of production,
design, development and management of commodities and maintaining
a fair and impartial position;
 (3)  Provided with all proper conditions of organizational structure,
staff, rules and regulations, tests and measurements, equipment and
instruments and  environment to ensure the performance of inspection,
conforming  to  the stipulations  of  the Detailed Rules on the
Assessment of Foreign Inspection Laboratories.
CHAPTER IV ACCREDITATION PROCEDURES
 @@  Article  6.  The  foreign laboratories seeking accreditation
shall  ask State  Administration  of Commodity Inspection for an
application form which the laboratories shall fill in and send back to
the State Administration of Commodity Inspection together with the
quality  guarantee  manual (both Chinese and English copies will do,
but the Chinese copy is preferred).
 @@ Article 7. The State Administration of Commodity Inspection
shall designate  examination  teams (3 or 4 persons per team)
to  perform  examination  and  verification  of  the  submitted
application  documents  and  query  the  points  to be further
investigated. If the documents are found up to the requirements
through  examination  and  verification, a "Notice of Designating
Teams  for  Assessment"  shall be sent to the applicant and, at the
same  time, the fee of application for accreditation is charged. The
laboratories  shall  be  responsible to arrange the visit of the
examination teams  and bear all the expenses necessary for the
examination and assessment.
 @@  Article  8. The examination team shall conduct assessment of the
foreign inspection  laboratory  seeking  accreditation against the
fundamental requirements  and the Detailed Rules on the Assessment of
Foreign Inspection Laboratories  stipulated  in Chapter III of the
present Provisions, and make out  an  assessment  report  which
shall  be  submitted  to  the  State Administration of Commodity
Inspection.
 @@ Article 9. The State Administration of Commodity Inspection shall
grant the  qualified  applicants  approval.  Those unqualified are
allowed to make improvement  during  a period of no more than three
months, within which the laboratories shall submit testimony of an
overall  improvement, and if necessary,  are subject to a second
time inspection and assessment by the assessors,  which shall be
approved by the State Administration of Commodity Inspection. If the
laboratories fail to submit the testimony of an overall improvement by
the time

limit, no accreditation shall be approved.
 The  State  Administration  of  Commodity  Inspection shall
issue  an accreditation certificate to the approved applicant and
publish, in the form of an "Accreditation Bulletin", the name of the
accredited laboratory which is at the same time written down in the
Catalogue of the Accredited Foreign Inspection Laboratories. From
the  date  of  accreditation,  the accredited  laboratory  shall
obtain  the  qualification for the designated inspection, and pay
annual dues to the State Administration of Commodity Inspection.
CHAPTER V DUTIES AND RIGHT OF AN ACCREDITED LABORATORY
 @@  Article  10.  After  examination  and  accreditation,  the
State Administration  of  Commodity  Inspection  shall accredit
the  foreign inspection laboratory, according to its application,
to one or several items of inspection and examination on Chinese
import commodities as follows:
they are:
 (1)  Examination  on  the  conditions and capability of a factory
engaged in producing import commodities that have gone through quality
licensing;
 (2)  Type  test on samples of products that have gone through
quality licensing;
 (3)  Routine supervision of the import commodities that have obtained
safety marks and quality certificate;
 (4)  Examination  on the conditions and capability of a factory
voluntary to seek the certification of products;
(5) Type test on samples of products voluntary to seek certification;
 (6)  Routine  supervision of the products that have obtained the
quality certification;
 (7)  Other  performances designated by the State Administration of
Commodity Inspection and the local inspection authorities;
 (8)  Inspection services designated by China National Import and
Export Commodity  Inspection  Corporation  under  the guidance of
the State Administration of Commodity Inspection.
 @@  Article  11.  In  carrying out the aforesaid inspections, the
accredited foreign  inspection  laboratories  must abide by the laws
and regulations of China,  comply  with Chinese quality and safety
standards, the terms in the contract  signed  by  both parties
involved  in  foreign  trade and the stipulations in other relevant
documents.
 @@  Article  12.  In  carrying out the aforesaid inspections, the
accredited foreign  inspection laboratories shall charge the applicant
inspection fees. The  rate  of collecting fees shall be drawn up by
the laboratory depending on  the  rules of its own country with the
principle  of  reasonable  and  fair, and  send  to  the  State
Administration of Commodity Inspection for further reference.
CHAPTER VI SUPERVISION
 @@ Article 13. The State Administration of Commodity Inspection
shall  undertake  supervision  and  random  examination  on  the
accre

dited  foreign inspection  laboratories.  When  one  of  the
following  cases  occurs, the laboratory shall be demanded to "take
corrective actions within a definite period of time", punished by
"suspension of commodity inspection and test" or even "withdrawal of
the accreditation". They are:
 (1)  When  the  fundamental conditions under which the inspection
laboratory acquired  accreditation  have  changed to such a large
extent that it can no longer meet the requirements of Chapter III;
(2) when the Accreditation Certificate has been transferred to others;
(3) When false inspection data have been supplied intentionally;
 (4)  When  big mistakes have occurred during inspection, leading to
serious consequences; or
(5) When the laboratory is on the brink of bankruptcy.
 @@  Article 14. The Accreditation Certificate will be effective for
a term of  three  years. If it is necessary to prolong the term, the
laboratory  may  apply  to the State Administration of Commodity
Inspection for re-inspection by the end of the three years. The
State  Administration  of Commodity Inspection  shall  approve  a
renewed accreditation to the laboratory when, after re-inspection, the
technical capability of the laboratory is found up to the original
requirements of inspection.
CHAPTER VII SUPPLEMENTARY ARTICLES
 @@  Article  15.  The present provisions shall come into force from
the date of  promulgation.  The  right of interpretation rests
with the State Administration of Commodity Inspection.



.  any  foreign  inspection  laboratory  seeking
accreditation shall meet the fundamental requirements as follows:
 (1) Registered in its own country in accordance with the local
legal provisions, having the right as a legal person;
 (2)  Indepentently  undertaking  the inspection of production,
design, development and management of commodities and maintaining
a fair and impartial position;
 (3)  Provided with all proper conditions of organizational structure,
staff, rules and regulations, tests and measurements, equipment and
instruments and  environment to ensure the performance of inspection,
conforming  to  the stipulations  of  the Detailed Rules on the
Assessment of Foreign Inspection Laboratories.
CHAPTER IV ACCREDITATION PROCEDURES
 @@  Article  6.  The  foreign laboratories seeking accreditation
shall  ask State  Administration  of Commodity Inspection for an
application form which the laboratories shall fill in and send back to
the State Administration of Commodity Inspection together with the
quality  guarantee  manual (both Chinese and English copies will do,
but the Chinese copy is preferred).
 @@ Article 7. The State Administration of Commodity Inspection
shall designate  examination  teams (3 or 4 persons per team)
to  perform  examination  and  verification  of  the  submitted
application  documents  and  query  the  points  to be further
investigated. If the documents are found up to the requirements
through  examination  and  verification, a "Notice of Designating
Teams  for  Assessment"  shall be sent to the applicant and, at the
same  time, the fee of application for accreditation is charged. The
laboratories  shall  be  responsible to arrange the visit of the
examination teams  and bear all the expenses necessary for the
examination and assessment.
 @@  Article  8. The examination team shall conduct assessment of the
foreign inspection  laboratory  seeking  accreditation against the
fundamental requirements  and the Detailed Rules on the Assessment of
Foreign Inspection Laboratories  stipulated  in Chapter III of the
present Provisions, and make out  an  assessment  report  which
shall  be  submitted  to  the  State Administration of Commodity
Inspection.
 @@ Article 9. The State Administration of Commodity Inspection shall
grant the  qualified  applicants  approval.  Those unqualified are
allowed to make improvement  during  a period of no more than three
months, within which the laboratories shall submit testimony of an
overall  improvement, and if necessary,  are subject to a second
time inspection and assessment by the assessors,  which shall be
approved by the State Administration of Commodity Inspection. If the
laboratories fail to submit the testimony of an overall improvement by
the time

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