Industry Standard Management Measures

(Announced by Order No. 86 of the State Administration for Market Regulation on November 28, 2023, effective from June 1, 2024)

Article 1:& nbsp; In order to strengthen industry standard management, this method is formulated in accordance with the Standardization Law of the People's Republic of China.

Article 2:& nbsp; The formulation, implementation, supervision and management of industry standards shall be governed by these Measures.

Article 3:& nbsp; Industry standards are standards formulated by relevant administrative departments of the State Council based on their administrative management responsibilities for technical requirements that do not have recommended national standards but need to be unified within a certain industry nationwide.

Industry standards are mainly formulated around the needs of important products, engineering technology, services, and industry management in this industry field.

Industry standards should not be established under any of the following circumstances:

（1） Recommended national standards already exist;

（2） Technical requirements for general products and services;

（3） Technical requirements across departments and industries;

（4） Used to constrain the work requirements and management standards within the administrative supervisory department system.

Article 4:& nbsp; Industry standards are recommended standards. If laws, administrative regulations, and decisions of the State Council have other provisions, those provisions shall prevail.

Article 5:& nbsp; The formulation of industry standards should be based on scientific and technological research results and social practice experience, ensuring the scientificity, standardization, and timeliness of industry standards, and achieving technological advancement and economic rationality.

Article 6:& nbsp; The technical requirements of industry standards shall not be lower than the relevant requirements of mandatory national standards, and shall be coordinated and matched with relevant standards.

It is prohibited to specify qualifications, licensing certification, approval registration, evaluation and compliance, regulatory entities and responsibilities in industry standards.

It is prohibited to use industry standards to implement behaviors that hinder the free flow of goods and services and exclude or restrict market competition.

Article 7:& nbsp; The administrative department in charge of standardization under the State Council provides unified guidance, coordination, and supervision for the formulation of industry standards and related management work. The standardization administrative department of the State Council shall establish a national standard information public service platform to support industry standard filing, information disclosure, and other work.

Article 8:& nbsp; The relevant administrative departments of the State Council shall be responsible for the unified management of industry standards within their respective responsibilities, including the formulation, implementation, review, and supervision of industry standards. They shall also report the approved industry standards to the standardization administrative department of the State Council for record keeping in accordance with the law.

Article 9:& nbsp; The industry standard code and scope shall be reviewed, approved, and published by the standardization administrative department of the State Council based on the application and responsibilities of the relevant administrative departments of the State Council. Industry standard codes that have not been approved for publication shall not be used.

Article 10:& nbsp; In case of disputes during the formulation and implementation of industry standards, the administrative department in charge of standardization under the State Council shall organize consultations; If negotiation fails, report to the State Council's standardization coordination mechanism for resolution.

Article 11:& nbsp; Industry standards are formulated by the relevant administrative departments of the State Council. The process of developing industry standards generally includes project initiation, organizing drafting, soliciting opinions, technical review, numbering, approval for publication, and filing.

Article 12:& nbsp; Before the establishment of industry standards, the relevant administrative departments of the State Council shall organize verification. If there are already recommended national standards or relevant standard establishment plans, they shall not be approved.

Article 13:& nbsp; Drafting industry standards should be coordinated with existing national and industry standards to avoid overlap, repetition, and contradictions.

The draft of industry standards for soliciting opinions shall be publicly solicited for comments, and the deadline is generally not less than 30 days.

Foreign invested enterprises shall participate equally with domestic enterprises in the formulation and revision of industry standards in accordance with the law.

Article 14:& nbsp; The relevant administrative departments of the State Council shall entrust the Standardization Technical Committee or establish a review expert group to conduct technical review of the industry standard review, focusing on the scientificity, rationality, applicability, and standardization of the technical requirements.

Standardization technical committees and expert groups should have professionalism, independence, and broad representativeness. Standard drafters shall not undertake technical review work for the same standard.

If there are already national professional standardization technical committees that can meet industry needs, there will be no need to add industry standardization technical committees in specific fields.

Article 15:& nbsp; Industry standards generally do not involve patents. The patents involved in industry standards should be essential for the implementation of the standard, and their management should be carried out in accordance with the relevant management regulations of national standards related to patents.

Article 16:& nbsp; If it is necessary to adopt international standards for industry standards, they should comply with the copyright policies of relevant international organizations and obtain the consent of the Chinese member bodies of the International Organization for Standardization. Drafting industry standards based on foreign standards should comply with the copyright policies of foreign standard publishing organizations.

Article 17:& nbsp; The numbering of industry standards consists of the industry standard code plus "/T", the sequence number of industry standard release, and the year number of industry standard release. The letter '/T' represents a recommended standard, and the sequence number is a natural number.

Article 18:& nbsp; Industry standards are approved and released by the relevant administrative departments of the State Council. The publication of industry standards adopts a public announcement system.

Article 19:& nbsp; The relevant administrative departments of the State Council shall submit filing materials to the standardization administrative department of the State Council within 60 days from the date of approval and publication of industry standards, and before the implementation date of the standards, through the national standard information public service platform and other means. The filing materials should include industry standard release announcements and official texts of approved standards. If the foreign language version of the standard is released simultaneously, the filing materials should also include the announcement of the release of the foreign language version of the industry standard and the official text of the foreign language version approved for release.

The relevant administrative departments of the State Council shall promote the disclosure of industry standards in accordance with the law. Encourage the disclosure of industry standard texts through the National Standard Information Public Service Platform for public access.

Encourage industry standard setting departments to establish information platforms covering project initiation, drafting, soliciting opinions, review, approval and release, and strengthen the disclosure of standard setting information and social supervision.

Article 20:& nbsp; After the release of industry standards, the relevant administrative departments of the State Council may entrust units with relevant publishing qualifications to complete the publication of standard texts.

Article 21:& nbsp; A reasonable transition period should be left between the release and implementation of industry standards.

Before the implementation of industry standards, one can choose to follow the original industry standards or the new industry standards.

After the implementation of the new industry standard, the original industry standard will be abolished simultaneously.

After the implementation of corresponding national standards, industry standards should be abolished by the relevant administrative departments of the State Council on their own.

Article 22:& nbsp; The relevant administrative departments of the State Council shall organize the promotion and implementation of industry standards, and carry out the promotion and implementation of industry standards in accordance with their statutory responsibilities.

Article 23:& nbsp; The relevant administrative departments of the State Council are responsible for interpreting industry standards. The interpretation of industry standards has the same legal effect as the standard text. After the explanation is released, the relevant administrative departments of the State Council shall publicly disclose the explanation text on the department portal website or department standardization work website within 20 days from the date of release, and make it public on the national standard information public service platform.

Article 24:& nbsp; The review period for industry standards generally does not exceed five years. In any of the following circumstances, a timely re examination shall be conducted:

（1） Significant changes have occurred in laws, administrative regulations, departmental rules, or relevant national provisions;

（2） Significant changes have occurred in relevant national and industry standards;

（3） Significant changes in key technologies and applicable conditions;

（4） Other situations that require timely review.

The relevant administrative departments of the State Council shall announce the conclusion of the re examination. The review conclusion is divided into three situations: continuing validity, revision, and revocation. If the review conclusion is revised, the industry standard formulation procedure stipulated in these Measures shall be followed. If the review conclusion is abolished, opinions should be solicited publicly before the announcement of abolition. The announcement of abolition shall be made public on the National Standard Information Public Service Platform.

Article 25:& nbsp; The relevant administrative departments of the State Council shall establish a feedback and evaluation mechanism for the implementation of industry standards, and conduct a review of industry standards based on feedback opinions and evaluation results.

Article 26:& nbsp; The relevant administrative departments of the State Council shall conduct regular supervision and inspection of the industry standards they publish, promptly correct the problems of industry standards not complying with mandatory national standards, overlapping or uncoordinated with national standards and other industry standards, and exceeding the scope of formulation and numbering that do not comply with regulations.

Article 27:& nbsp; The standardization administrative department of the State Council regularly organizes supervision and spot checks on industry standards and reports the results.

Article 28:& nbsp; If industry standards overlap or are not coordinated with national standards or other industry standards, the standardization administrative department of the State Council shall, in conjunction with the relevant administrative departments of the State Council, propose opinions on integrating, revising or abolishing industry standards, and the relevant administrative departments of the State Council shall be responsible for handling them. If the relevant administrative department of the State Council fails to handle it, the standardization administrative department of the State Council shall organize consultation. If consultation fails, it shall be reported to the standardization coordination mechanism of the State Council for resolution.

Article 29:& nbsp; If the relevant administrative departments of the State Council violate the provisions of Article 3 (3), Article 6 (1) and (2), and Article 9 of these Measures, or if the subject, number, filing, or review of industry standards do not comply with the provisions of these Measures, the standardization administrative department of the State Council shall require them to explain the situation and make corrections within a time limit. If the relevant standards are not corrected on time, the standardization administrative department of the State Council shall announce the abolition of the relevant standards.

Article 30:& nbsp; Those who violate the provisions of Article 6, Paragraph 3 of these Measures shall be dealt with in accordance with the provisions of the Anti Monopoly Law of the People's Republic of China and other laws and administrative regulations.

Article 31:& nbsp; The administrative departments in charge of standardization under the State Council and relevant administrative departments under the State Council shall establish and improve the system for handling industry standard complaints and reports, open up channels for complaints and reports, accept social supervision, and handle complaints and reports in a timely manner.

Article 32:& nbsp; These measures shall come into effect on June 1, 2024. The "Industry Standard Management Measures" promulgated by the former State Administration of Technical Supervision on August 24, 1990, were simultaneously abolished.

Original link: https://www.samr.gov.cn/zw/zfxxgk/fdzdgknr/fgs/art/2023/art_ebd7a79783c24f2cad31f29a8b0c0931.html