(Announced by Order No. 26 of the State Administration for Market Regulation on January 16, 2020, effective from March 1, 2020)
Article 1:; In order to strengthen the management of local standards, this method is formulated in accordance with the Standardization Law of the People's Republic of China.
Article 2:; The formulation, implementation, supervision and management of local standards shall be governed by these Measures.
If laws, administrative regulations, and decisions of the State Council have other provisions, they shall be followed.
Article 3:; In order to meet the special technical requirements of local natural conditions, customs and habits, provincial standardization administrative departments and district level standardization administrative departments approved by them may formulate local standards in the fields of agriculture, industry, service industry, and social undertakings.
Local standards are recommended standards.
Article 4:; The formulation of local standards should follow the principles of openness, transparency, and fairness, which are conducive to the scientific and rational utilization of resources, the promotion of scientific and technological achievements, and achieving technological advancement and economic rationality.
Article 5:; The technical requirements of local standards shall not be lower than the relevant technical requirements of mandatory national standards, and shall be coordinated and matched with relevant standards.
It is prohibited to use local standards, such as the establishment of product quality and inspection methods, to eliminate or restrict market competition by hindering the free flow of goods and services.
Article 6:; The administrative department in charge of standardization under the State Council shall provide unified guidance, coordination, and supervision for the formulation and related management of local standards nationwide.
Local standardization administrative departments at or above the county level shall undertake local standard management work in accordance with their statutory responsibilities.
Article 7:; The provincial standardization administrative department shall organize a standardization technical committee to undertake the drafting and technical review of local standards. The administrative department in charge of standardization at the district level shall play the role of the Standardization Technical Committee and undertake the drafting and technical review of local standards.
For those who have not organized a standardization technical committee, an expert group should be established to undertake the drafting and technical review of local standards.
Standardization technical committees and expert groups should have professionalism, independence, and broad representativeness. The personnel responsible for drafting work shall not undertake technical review work.
Article 8:; Social organizations, enterprises and institutions, as well as citizens, may submit proposals for local standard projects to the standardization administrative departments at or above the city level or relevant administrative departments.
The administrative department in charge of standardization at or above the city level with districts shall notify the relevant administrative department at the same level of the project proposal received.
Article 9:; The relevant administrative departments at or above the city level with districts may, based on the received project proposal and the special needs of their respective administrative regions, submit a local standard project application to the standardization administrative department at the same level.
Article 10:; The administrative department in charge of standardization at or above the city level, which is divided into districts, shall investigate the actual needs of relevant administrative departments, enterprises, institutions, social groups, consumers, and educational and scientific research institutions, evaluate the necessity and feasibility of formulating local standards, and review whether the project proposal complies with the scope of matters related to the formulation of local standards.
Article 11:; The administrative department in charge of standardization at or above the city level, which is divided into districts, shall formulate a local standard project proposal plan based on the evaluation, investigation results, and review opinions.
The local standard project proposal should specify the project name, the administrative department in charge of submitting the project proposal, the drafting unit, and the completion deadline.
Article 12:; The drafting unit shall conduct investigation, analysis, experimentation, and demonstration on matters related to local standards. Technical requirements that require experimental verification should be entrusted to technical units with corresponding capabilities.
Article 13:; The drafting unit shall solicit opinions from relevant administrative departments, as well as enterprises, institutions, social groups, consumer organizations, and educational and scientific research institutions, and publicly solicit opinions from the public on the portal website of the local standardization administrative department at or above the city level. The deadline for soliciting public opinions shall not be less than thirty days.
Article 14:; The drafting unit shall revise and improve the local standards based on the opinions of all parties, and submit them to the standardization administrative department for technical review together with the compilation instructions, opinions of relevant administrative departments, and the adoption of soliciting opinions and other materials.
Article 15:; The administrative department in charge of standardization at or above the city level with districts shall organize technical reviews of the following matters of local standards:
（1） Whether it complies with the scope of local standard formulation matters;
（2） Whether the technical requirements are not lower than the relevant technical requirements of mandatory national standards and are coordinated and matched with relevant standards;
（3） Whether to properly handle divergent opinions;
（4） Other matters that require technical review.
Article 16:; The drafting unit shall submit the revised and improved local standards based on the technical review opinions, along with the handling of the technical review opinions and other materials required to be submitted as stipulated in Article 14 of these Measures, to the standardization administrative department in charge of project approval for review.
Article 17:; The administrative department in charge of standardization at or above the city level with districts shall organize the review of local standard approval drafts and related materials, and approve and number local standards with complete submitted materials and standardized procedures.
Article 18:; The numbering of local standards consists of three parts: local standard code, sequence number, and year number.
Provincial local standard code, composed of Chinese Pinyin letters; DB" Combined with the first two digits of its administrative division code. City level local standard code, composed of Chinese Pinyin letters; DB" Combined with the first four digits of its administrative division code.
Article 19:; Before the release of local standards, if the administrative department in charge of the project application believes that there are significant issues or policy changes in the relevant technical requirements, it may propose project changes or termination suggestions to the standardization administrative department.
The standardization administrative department may make project changes or termination decisions based on the suggestions of relevant administrative departments.
Article 20:; Local standards are issued by the administrative department in charge of standardization at or above the city level with districts.
Article 21:; The administrative department in charge of standardization at or above the city level, which is divided into districts, shall publish the directory and text of the local standards it has formulated on its portal website and standard information public service platform within 20 days from the date of publication of the local standards.
Article 22:; Local standards shall be filed with the standardization administrative department of the State Council by the provincial standardization administrative department within 60 days from the date of publication. The filing materials should include announcements and local standard texts.
The administrative department in charge of standardization under the State Council shall notify the relevant administrative departments under the State Council of the local standards it has filed.
Article 23:; The administrative departments in charge of standardization at or above the county level and relevant administrative departments shall, in accordance with their statutory duties, supervise and inspect the implementation of local standards.
Article 24:; The administrative department in charge of standardization at or above the city level shall establish a feedback and evaluation mechanism for the implementation of local standards, and conduct a review of the local standards formulated based on the feedback and evaluation.
The review period for local standards generally does not exceed five years, but in any of the following circumstances, timely review should be conducted:
（1） Significant changes have occurred in laws, regulations, rules or relevant national provisions;
（2） Significant changes have occurred in the national standards, industry standards, and local standards involved;
（3） Significant changes in key technologies and applicable conditions;
（4） Other circumstances that require timely review.
Article 25:; For the re examination of local standards, the administrative department in charge of standardization at or above the city level with districts shall solicit opinions from relevant administrative departments at the same level, as well as from enterprises, institutions, social organizations, consumer organizations, education and scientific research institutions, and make a re examination conclusion on the continued validity, revision or abolition of local standards based on relevant opinions.
If the review conclusion is to revise local standards, the procedures for formulating local standards as stipulated in these Measures shall be followed. If the review conclusion is to abolish the local standard, it shall be announced as abolished.
Article 26:; If the technical requirements of local standards are lower than the relevant technical requirements of mandatory national standards, they should be corrected in a timely manner; For those who refuse to make corrections, the standardization administrative department of the State Council shall announce the abolition of relevant standards; The competent authorities shall impose sanctions on the responsible leaders and directly responsible personnel in accordance with the law.
If local standards are not numbered or filed in accordance 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; For those who refuse to make corrections, the standardization administrative department of the State Council shall revoke the relevant standard numbers or announce the abolition of unregistered standards; The competent authorities shall impose sanctions on the responsible leaders and directly responsible personnel in accordance with the law.
If local standards are not reviewed in accordance 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 specified time limit; Those who refuse to make corrections shall be punished by the competent authorities in accordance with the law for the responsible leaders and directly responsible personnel.
Those who use local standards to exclude or restrict market competition shall be dealt with in accordance with the provisions of laws and administrative regulations such as the Anti Monopoly Law of the People's Republic of China.
If the scope or subject of the formulation of local standards does not comply with the provisions of these Measures, the higher-level standardization administrative department shall order it to make corrections within a specified time limit; For those who refuse to make corrections, the relevant standards will be announced and abolished.
Article 27:; Local standards that play a significant role in promoting economic and social development can apply for scientific and technological awards in accordance with relevant local regulations.
Article 28:; The day referred to in these regulations is the Gregorian calendar day.
Article 29:; These measures shall come into effect on March 1, 2020. The "Measures for the Administration of Local Standards" promulgated by the former State Administration of Technical Supervision on September 6, 1990, were simultaneously abolished.
Original link: https://www.samr.gov.cn/zw/zfxxgk/fdzdgknr/fgs/art/2023/art_efb977fc6a6141659fe9404956d90394.html
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