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Decision of the Standing Committee of the National People's Congress on Amending the Product Quality Law of the People's Republic of China [Effective]
全国人民代表大会常务委员会关于修改《中华人民共和国产品质量法》的决定 [现行有效]
【法宝引证码】
 
  
  



Decision of the Standing Committee of the National People's Congress on Amending the Product Quality Law of the People's Republic of China
(Adopted at the 16th meeting of the Standing Committee of the 9th National People's Congress on July 8, 2000)
It is decided at the 16th meeting of the Standing Committee of the 9th National People's Congress to make the following amendments to the “Product Quality Law of the People's Republic of China”:
 

中华人民共和国主席令(第三十三号)《全国人民代表大会常务委员会关于修改〈中华人民共和国产品质量法〉的决定》已由中华人民共和国第九届全国人民代表大会常务委员会第十六次会议于2000年7月8日通过,现予公布,自2000年9月1日起施行。


中华人民共和国主席 江泽民
2000年7月8日
全国人民代表大会常务委员会关于修改《中华人民共和国产品质量法》的决定
(2000年7月8日第九届全国人民代表大会
1. Article 1 is amended as: “This Law is formulated for the purpose of reinforcing the supervision and administration of product quality, improving the quality of products, clarifying the liabilities for product quality, protecting the legitimate rights and interests of consumers, and maintaining the social and economic order.”
   三十八、增加一条,作为第六十三条:“隐匿、转移、变卖、损毁被产品质量监督部门或者工商行政管理部门查封、扣押的物品的,处被隐匿、转移、变卖、损毁物品货值金额等值以上三倍以下的罚款;有违法所得的,并处没收违法所得。”
2. Paragraph 3 of Article 2 is amended as: “This Law shall not apply to construction projects. However, the building materials, the structural components, fittings and equipment for construction use that fall within the product scope as prescribed in the preceding paragraph shall be governed by this Law.”
   三十九、增加一条,作为第六十四条:“违反本法规定,应当承担民事赔偿责任和缴纳罚款、罚金,其财产不足以同时支付时,先承担民事赔偿责任。”
3. One article is added as Article 3: “Producers and sellers shall establish and improve their own proper rules for the management of product quality, rigorously implement post-related quality norms, quality liabilities and relevant measures for their assessment.”
   四十、第四十八条改为第六十五条,修改为:“各级人民政府工作人员和其他国家机关工作人员有下列情形之一的,依法给予行政处分;构成犯罪的,依法追究刑事责任:
“(一)包庇、放纵产品生产、销售中违反本法规定行为的;
“(二)向从事违反本法规定的生产、销售活动的当事人通风报信,帮助其逃避查处的;
“(三)阻挠、干预产品质量监督部门或者工商行政管理部门依法对产品生产、销售中违反本法规定的行为进行查处,造成严重后果的。”
4. One article is added as Article 7: “The people's governments at all levels shall ensure the implementation of this Law by incorporating the improvement of product quality into their plans for national economy and social development, reinforcing the integrated planning and organization regarding product quality, guiding, supervising and urging producers and sellers to reinforce the management of product quality and improve the quality of products, organizing relevant departments to lawfully take measures for stopping the acts that violate this Law in the making or sale of products.”
   四十一、增加一条,作为第六十六条:“产品质量监督部门在产品质量监督抽查中超过规定的数量索取样品或者向被检查人收取检验费用的,由上级产品质量监督部门或者监察机关责令退还;情节严重的,对直接负责的主管人员和其他直接责任人员依法给予行政处分。”
5. Article 6 is changed into Article 8, and is amended as: “The product quality supervisory department of the State Council shall take charge of the supervision of the quality of products of the whole country. Other relevant departments of the State Council shall take charge of the supervision of product quality within their respective scope of duties.
“The local product quality supervisory departments at the county level or above shall take charge of the supervision of product quality within their respective jurisdictions. Other relevant departments of the local people's governments at the county level or above shall take charge of the supervision of product quality within their respective scope of duties.
“Where there are otherwise different provisions in any law concerning the product quality supervisory departments, such legal provisions shall apply.”
   四十二、增加一条,作为第六十七条:“产品质量监督部门或者其他国家机关违反本法第二十五条的规定,向社会推荐生产者的产品或者以监制、监销等方式参与产品经营活动的,由其上级机关或者监察机关责令改正,消除影响,有违法收入的予以没收;情节严重的,对直接负责的主管人员和其他直接责任人员依法给予行政处分。
“产品质量检验机构有前款所列违法行为的,由产品质量监督部门责令改正,消除影响,有违法收入的予以没收,可以并处违法收入一倍以下的罚款;情节严重的,撤销其质量检验资格。”
6. One article is added as Article 9: “The staff members of the people's governments at all levels and other state organs may not abuse their powers, neglect their duties or practice misconducts in favor of themselves or their relatives, nor may them cover up or give loose to the acts in violation of this Law that occur within the locality or within the sector, hinder or meddle with the investigation on the acts in violation of this Law that occurred in the making or sale of products.
“Where a local people's government at any level or any other state organ covers up or gives loose to the violations of this Law that occur in the making or sale of products, the principal person-in-charge shall be subject to legal liabilities in accordance with the law.”
   四十三、增加一条,作为第七十一条:“对依照本法规定没收的产品,依照国家有关规定进行销毁或者采取其他方式处理。”
7. One article is added as Article 10: “Any entity or individual shall be entitled to expose any act in violation of this Law to the product quality supervisory department or other relevant departments.
“The product quality supervisory department and relevant departments shall keep all information about exposers as confidential and give awards to them in accordance with the provisions of the province, autonomous region, or municipality directly under the Central Government.”
   四十四、增加一条,作为第七十二条:“本法第四十九条至第五十四条、第六十二条、第六十三条所规定的货值金额以违法生产、销售产品的标价计算;没有标价的,按照同类产品的市场价格计算。”
8. One article is added as Article 11: “No entity or individual may prevent any of the qualified products produced outside the present region or sector from entering into this region or sector.”
   四十五、第五十条改为第七十三条,并增加一款,作为第二款:“因核设施、核产品造成损害的赔偿责任,法律、行政法规另有规定的,依照其规定。”
9. Article 8 is changed into Article 13, and one paragraph is added as Paragraph 2: “It shall be prohibited to produce or sell industrial products that do not meet the standards or requirements for safeguarding human health or the personal or property safety. The specific measures for administration shall be formulated by the State Council.”
   四十六、删去第四十二条、第四十六条。
此外,根据本决定对部分条文的文字作相应的修改并对条文顺序作相应调整。
本决定自2000年9月1日起施行。
中华人民共和国产品质量法》根据本决定作相应的修改,重新公布。
10. Article 10 is changed into Article 15, and is amended as: “The state adopts a supervision and inspection system based on random inspection to product quality, and makes random inspections on the products that may endanger human health or personal or property safety, the important industrial products that have a big impact on the national economy and the products that have been reported by consumers or relevant organizations as to be defective in quality. The samples shall be randomly taken from the market or the products stored in the warehouse of the enterprise for sale. The supervision by random inspection shall be planned and organized by the product quality supervisory department of the State Council. The local product quality supervisory departments at the county level or above may, within their respective jurisdictions, organize the supervision by random inspection. Where there are otherwise different provisions concerning the supervision and inspection of product quality, such provisions shall apply.
“The products supervised and randomly inspected by the state shall not be subject to repeated random inspections by the local administrations; the products supervised and randomly inspected by the administration at a higher level shall not be subject to repeated random inspections by an administration at a lower level.
“Products may be tested when required by supervision and random inspection. The quantity of samples drawn for test shall not be larger than that is reasonably needed, and no fees may be charged from the inspected. The expenses for supervision by random inspection shall be listed as expenditures in accordance with the provisions of the State Council.
“Where a producer or seller has any demurral to the results of a sample test, it may, within 15 days as of receipt of the result of the test, apply to the product quality supervisory department that conducted the supervision and random inspection or the product quality supervisory department at the higher level for re-test. The product quality supervisory department that accepts the application for re-test shall make a re-test conclusion.”
 
11. One article is added as Article 16: “No producer or seller may refuse any supervision or inspection of product quality that is lawfully carried out.”
 
12. One article is added as Article 17: “Where any product is found to be unqualified from any supervision or random inspection that is carried out in accordance with this Law, the product quality supervisory department that conducted the supervision and random inspection shall order the producer or seller to make a correction within a time limit. If the producer or seller fails to make a correction within the time limit, it shall be publicized by the product quality supervisory department of the people's government at the provincial level or above. If the product quality is re-inspected to be still unqualified, the producer or seller shall be ordered to suspend its business operations for rectification within a time limit. If the product quality is still found upon re-inspection to be unqualified after expiry of the time limit for rectification, the business license of the producer or seller shall be revoked.
Where any product is found through supervision and random inspection to be seriously defective in quality, the producer or seller shall be penalized in accordance with the relevant provisions in Chapter V of this Law.”
 
13. One article is added as Article 18: “The product quality supervisory department at the county level or above may exercise the following powers when investigating the acts suspected to be in violation of this Law on the basis of the evidence available or tip-offs concerning the acts suspected to be in violation of this Law:
“(1) Making on-site inspections on the places where the parties concerned are suspected to engage in production or sale activities by violating this Law;
“(2) Inquiring the legal representative, the principal person-in-charge and other relevant persons about information relevant to the suspected activities of production and sale in violation of this Law;
“(3) Reading and copying contracts, invoices, account books and other relevant documents in connection with the parties concerned;
“(4) Sealing up or detaining any product that may be considered on the basis of existing grounds as failing to meet the national standards or industry standards for safeguarding physical health and the personal and property safety, any product that has other serious defects in quality, and raw or auxiliary materials, packing and tools directly used for production or sale of this product.
The administration for industry and commerce at the county level or above may, within the scope of duties prescribed by the State Council, exercise the following powers as mentioned in the preceding paragraph when investigating the acts suspected to be in violation of this Law.
 
14. One article is added as Article 20, “The social intermediary institutions engaging in the test and certification of product quality must be established in accordance with the law and shall not be subordinate to or have any other interest relation with any administrative organ or state organ.”
 
15. One article is added as Article 21: “The product quality inspection institutions and certification institutions must comply with the law to issue inspection conclusions or certification proofs objectively and fairly according to relevant standards.
“The product quality certification institutions shall, in accordance with the provisions of the state, make post-certification track-up inspections on the products on which certification marks are allowed to be used. If any product fails to meet the standards for certification but the certification mark is used on it, the producer or seller shall be ordered to make a correction. If the circumstance is serious, the producer or seller shall be disqualified from using the certification marks.”
 
16. Article 12 is changed into Article 22, and is amended as: “Consumers shall have the right to inquire producers or sellers of the products about the product quality problems, to complain about product quality to the product quality supervisory departments, the administrations for industry and commerce or other relevant departments. The departments accepting complaints shall take charge of handling such matters.”
 
17. One article is added as Article 24: “The product quality supervisory department of the State Council and that of the people's governments of each province, autonomous region, or municipality directly under the Central Government shall, at regular intervals, publish the quality situation of the products that have been randomly inspected under their supervision.”
 
18. One article is added as Article 25: “None of the product quality supervisory departments, or other state organs, or the product quality inspection institutions may recommend the products of any producer to the public. Nor shall it participate in product management activities by means of supervising the production or sale of products, etc.”
 
19. Article 15 is changed into Article 27, and Paragraph 1 is amended as:
“The marks on products or the packing of products must be genuine, and meet the following requirements:
“(1) Bearing a certificate of product quality inspection;
“(2) Bearing the name of product and the name and address of the producer in Chinese language;
“(3) If, according to the features of the product and the requirements for use, the specification, grade or the name and contents of the major ingredients are required to be specified, they shall be so specified in Chinese; while if such details are required to be informed to consumers in advance, they shall be marked on the outer packing, or the relevant materials shall be provided to consumers in advance;
“(4) For a product which has a time limit for use, the date of production, the term for safe use or the date of losing validity shall be indicated clearly on a conspicuous position of the product;
“(5) A product which may cause damage to the product itself or endanger personal or property safety due to improper use shall bear either a warning mark or warning instructions in Chinese.”
 
20. Article 16 is changed into Article 28, and is amended as: “For products which are likely to break, or hazardous articles which are inflammable, explosive, toxic, erosive or radioactive, or the products that cannot be put upside down in the process of storage or transport or for which there are other special requirements, the quality of the packing thereof must meet corresponding requirements, and meanwhile, the warning marks, warning instructions in Chinese or the points of attention for storage and transport must be indicated in accordance with the relevant provisions of the state.”
 
21. Article 23 is changed into Article 35, and is amended as: “No seller may sell any product that has been eliminated by order of the state and therefore the sale of which has been prohibited, or sell any product that has lost effect or has become deteriorated.”
 
22. Article 32 is changed into Article 44, and Paragraph 1 is amended as: “Where any personal injury is caused to an aggrieved person due to the defect of a product, the tortfeasor shall compensate the aggrieved person's medical expenses, nursing expenses during medical treatment, and loss of income due to absence from work, etc. If the personal injury has resulted in disability, the tortfeasor shall also pay the expenses for self-supporting equipment, living allowances, disability compensation, and the living expenses necessary for the disable person's dependents. If the personal injury has resulted in death of the aggrieved person, the tortfeasor shall pay the funeral expenses, death compensation, and the living expenses necessary for the dependents of the decedent.”
 
23. Article 35 is changed into Article 47, and is amended as: “In case any civil dispute arises out of product quality, the parties concerned may settle their dispute through negotiation or mediation. If they are not willing to or fail to settle their dispute through negotiation or mediation, either party may, according to their agreement, apply to the arbitration institution for arbitration. If the parties concerned fail to reach an arbitration agreement or the arbitration agreement has become invalid, either of them may bring a lawsuit directly to the people's court.”
 
24. Article 37 is changed into Article 49, and is amended as: “Where a producer or a seller produces or sells products that do not meet the national or industry standards for safeguarding human health or personal and property safety, it shall be ordered to stop the production and sale; the products illegally produced and sold shall be confiscated; and the producer or seller shall be fined up to three times the value of the products illegally produced or sold (including those to be sold, the same as below). The illegal proceeds, if any, shall be confiscated. If the circumstance is serious, its business license shall be revoked. If any crime is constituted, it shall be subject to criminal liabilities in accordance with the law.”
 
25. Article 38 is changed into Article 50, and is amended as: “Where a producer or a seller is found to adulterate their products, or pose fake ones as genuine, inferior ones as superior or unqualified ones as qualified, it shall be ordered to stop production or sale; the products illegally produced or sold shall be confiscated, and in addition, it shall be fined 50% up to three times the value of the products illegally produced or sold. The illegal proceeds, if any, shall be confiscated. If the circumstance is serious, its business license shall be revoked. If any crime is constituted, it shall be subject to criminal liabilities in accordance with the law.”
 
26. Article 39 is changed into Article 51, and is amended as: “Whoever produces any product that has been eliminated by order of the state, or sells any product that has been eliminated by order of the state and therefore the sale of which has been prohibited, it shall be ordered to stop the production or sale, and the products illegally produced or sold shall be confiscated. In addition, the producer or seller shall be fined an sum equivalent to the value of the products illegally produced or sold. The illegal proceeds, if any, shall be confiscated. If the circumstance is serious, its business license shall be revoked.”
 
27. Article 40 is changed into Article 52, and is amended as: “Whoever sells any product that has lost effect or has become deteriorated shall be ordered to stop the sale, and the products illegally sold shall be confiscated. In addition, the seller shall be fined up to twice the value of the products illegally sold. The illegal proceeds, if any, shall be confiscated. If the circumstance is serious, its business license shall be revoked. If any crime is constituted, it shall be subject to criminal liabilities in accordance with the law.”
 
28. Article 41 is changed into Article 53, and is amended as, “Where a producer or a seller forges the place of origin, forges or imitates the name or address of another manufactory, forges or imitates quality marks such as certification marks, it shall be ordered to make a correction, its products illegally produced or sold shall be confiscated, and in addition, it shall be fined a sum up to be equivalent to the value of the products illegally produced or sold. The illegal proceeds, if any, shall be confiscated. If the circumstance is serious, its business license shall be revoked.”
 
29. Article 43 is changed into Article 54, and is amended as: “Where any product mark does not conform to Article 27 of this Law, the producer or seller shall be ordered to make a correction. If the marks on the packing of any products do not conform to Item (4) or Item (5) of Article 27 of this Law, and the circumstance is serious, the producer or seller shall be ordered to stop the production or sale, and be fined up to 30% of the value of the products illegally produced or sold. The illegal proceeds, if any, shall be confiscated.”
 
30. One article is added as Article 55: “Where a seller that sells any of the products as prohibited by Articles 49 through 53 of this Law from being sold has sufficient evidence to prove that he does not know the products have been so prohibited and truthfully reveals the source of products, he may be given a lighter or mitigated penalty.”
 
31. One article is added as Article 56: “Whoever refuses to accept legally conducted product quality supervision or inspection shall be admonished, and be ordered to make a correction. If he refuses to make a correction, he shall be ordered to suspend its business for rectification. If the circumstance is particularly serious, its business license shall be revoked.”
 
32. Article 44 is changed into Article 57, and is amended as: “Where a product quality inspection institution or certification institution forges any inspection conclusion or issues a false certificate, it shall be ordered to make a correction, the entity shall be fined 50000 Yuan up to 100000 Yuan, while the person-in-charge held directly responsible or any other person held directly liable shall be fined 10000 Yuan up to 50000 Yuan; The illegal proceeds, if any, shall be confiscated. If the circumstance is serious, it shall be disqualified for inspection and certification. If any crime is constituted, it shall be subject to criminal liabilities in accordance with the law.
“Where a product quality inspection institution or certification institution issues an untruthful inspection conclusion or certificate, thus causing any losses, it shall bear corresponding liabilities for compensation. If it causes heavy losses, it shall be disqualified for inspection or certification.
“Where a product quality certification institution violates Paragraph 2 of Article 21 of this Law by failing to demand the producers or sellers whose products do not meet the requirements for certification but who use the certification marks on their products to make corrections, or by failing to disqualify them for using certification marks, it shall bear joint and several liabilities together with the producers or sellers of the products for the losses caused to consumers due to the fact that products do not meet the requirements for certification. If the circumstances are serious, they shall be disqualified for certification.”
 
33. One article is added as Article 58: “Where a social organization or social intermediary institution makes commitments or warranties on the quality of a product which, however, does not meet the requirements for such commitments or warranties, thus causing losses to consumers, it shall bear joint and several liabilities together with the producer or seller.”
 
34. One article is added as Article 59: “Where a producer or seller falsely publicizes the quality of a product in advertisements and thus defrauds or misleads consumers, it shall be subject to legal liabilities in accordance with the Advertising Law of the People's Republic of China.”
 
35. One article is added as Article 60, “The auxiliary materials, packing and tools used by producers specially for producing any of the products listed in Articles 49 through 51 of this Law or for producing inferior products in the name of superior ones shall be confiscated.”
 
36. One article is added as Article 61: “Where anyone knows or ought to know that a product is prohibited from production or sale by this Law but still facilitates the transport, safekeeping, storage, etc. or supplies the production technique for producing inferior products in the name of superior ones, all the proceeds incurred from the transport, safekeeping, storage or supply of the said production technique shall be confiscated, and the party concerned shall be fined 50% up to 3 times the illegal proceeds. If any crime is constituted, it shall be subject to criminal liabilities in accordance with the law.”
 
37. One article is added as Article 62: “Where any business operator of the service industry uses any of the products, which are prohibited by Articles 49 through 52 of this Law from being sold, for business operative services, it shall be ordered to stop using the product. If it knows or ought to know that the product it uses belongs to those prohibited by this Law from sale, it shall be penalized in accordance with this Law in the same way as applicable to a seller on the basis of the amount of the value of the products illegally used (including those already used and those not yet used).”
 
38. One article is added as Article 63: “Whoever conceals, transfers, sells off or damages any of the articles sealed up or detained by the product quality supervisory department or the administration for industry and commerce shall be fined up to three times the value of the articles concealed, transferred, sold off or damaged. The illegal proceeds, if any, shall be confiscated, in addition.”
 
39. One article is added as Article 64: “Whoever violates this Law shall bear civil liabilities for compensation and shall pay a fine or forfeiture. If he is unable to make such payment simultaneously with his properties, he shall bear civil liabilities for compensation first.”
 
40. Article 48 is changed into Article 65, and is amended as: “Where any staff member of the people's government at any level or of any other state organ is under any of the following circumstances, he shall be subject to administrative sanctions. If any crime is constituted, he shall be subject to criminal liabilities:
“(1) He covers up or gives loose to any of the acts in violation of this Law in production or sale;
“(2) He divulges secret information to any party involved in the production or sale activities in violation of this Law so as to help this party escaping from investigation;
“(3) He hinders or meddles with the investigation conducted by the product quality supervisory department or the administration for industry and commerce on the acts in violation of this Law in the process of production or sale and thus causes serious consequences.”
 
41. One article is added as Article 66: “Where, in the process of product quality supervision by random inspection, any product quality supervisory department demands samples in a larger number than that lawfully prescribed or charges inspection fees from the inspected, it shall be ordered by the product quality supervisory department or the supervision organ at a higher level to return the excessively demanded samples or the illegally charged fees. If the circumstance is serious, the person-in-charge held directly responsible and other persons held directly liable shall be given administrative sanctions in accordance with the law.”
 
42. One article is added as Article 67: “Where a product quality supervisory department or any other state organ violates Article 25 of this Law by recommending to the public any producer's products or by engaging in the product business activities by means of supervising the production or sale, etc., it shall be ordered by the superior organ or the supervision organ to make a correction and clear up the ill effects. The illegal proceeds, if any, shall be confiscated. If the circumstance is serious, the person-in-charge held directly responsible and other persons held directly liable shall be given administrative sanctions in accordance with the law.
“Where a product quality inspection institution commits any of the illegal acts listed in the preceding paragraph, it shall be ordered by the product quality supervisory department to make a correction and clear up the ill effects. The illegal proceeds, if any, shall be confiscated. In addition, it may be fined up to the sum of the illegal proceeds. If the circumstance is serious, it shall be disqualified for quality inspection.”
 
43. One article is added as Article 71: “The products that have been confiscated in accordance with this Law shall be destroyed in accordance with the relevant provisions of the state or be disposed of by other means.”
 
44. One article is added as Article 72: “The value of products as mentioned in Articles 49 through 54, Articles 62 and 63 of this Law shall be calculated on the basis of the marked price of the products illegally produced or sold. If there are no marked prices, it shall be calculated according to the market prices of similar products.”
 
45. Article 50 is changed into Article 73, and one paragraph is added as Paragraph 2: “Where there are otherwise different provisions in any law or administrative regulation concerning the compensation liabilities for the losses caused from nuclear facilities or nuclear products, such provisions shall apply.”
 
46. Articles 42 and 46 are deleted.
Further, the words in some clauses are amended according to this Decision and the sequential order of the clauses is also adjusted accordingly.
This Decision shall come into force on September 1, 2000.
The “Product Quality Law of the People's Republic of China” shall be amended according to this Decision and shall be re-promulgated.
 
     
     
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