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National Standard Management Measures

Published on:Sep 30 , 2022

(Announced by Order No. 59 of the State Administration for Market Regulation on September 9, 2022, and effective from March 1, 2023)

 

Chapter 1 General Provisions

 

Article 1:; In order to strengthen the management of national standards, standardize the formulation, implementation, and supervision of national standards, this method is formulated in accordance with the Standardization Law of the People's Republic of China.

Article 2:; The formulation of national standards (including project proposal, establishment, organization of drafting, solicitation of opinions, technical review, external notification, numbering, approval and release), organization and implementation, and supervision work shall be governed by these Measures.

Article 3:; National standards (including national standard samples) can be formulated for the unified technical requirements in the fields of agriculture, industry, service industry, and social undertakings nationwide, including the following:

(1) General technical terms, symbols, classifications, codes (including codes), file formats, drawing methods, and other general technical language requirements and interchangeability and coordination requirements;

(2) General technical requirements for resources, energy, and environment;

(3) Technical requirements for general basic components, basic raw materials, important products, and systems;

(4) General testing and inspection methods;

(5) General technical requirements for social management, services, as well as production and circulation management;

(6) General technical requirements for survey, planning, design, construction, and acceptance of engineering construction;

(7) Technical requirements that play a leading role in various related industries;

(8) Other technical requirements that the country needs to standardize.

Mandatory national standards should be established to meet the technical requirements for safeguarding personal health and safety of life and property, national security, ecological environment security, and meeting the basic needs of economic and social management.

Article 4:; If the technical indicators and relevant analysis and testing methods specified in national standards require supporting standard samples to ensure their effective implementation, corresponding national standard samples should be formulated. The management of standard samples shall be carried out in accordance with the relevant regulations of the standardization administrative department of the State Council.

Article 5:; The formulation of national standards should be conducive to facilitating economic and trade exchanges, supporting industrial development, promoting scientific and technological progress, regulating social governance, and implementing national strategies.

Article 6:; Actively promote the adoption of international standards based on national conditions. Drafting national standards based on international standards should comply with the copyright policies of relevant international organizations.

Encourage the synchronous revision of national standards and corresponding international standards, and accelerate the transformation and application of applicable international standards.

Article 7:; Encourage the simultaneous development of foreign language versions of national standards in the fields of international trade, production capacity and equipment cooperation, as well as emerging areas related to global economic governance and sustainable development.

Encourage the simultaneous development of both Chinese and foreign versions of national standards.

Article 8:; The administrative department in charge of standardization under the State Council is responsible for the unified management of national standard formulation work, including the establishment, numbering, external notification, and authorized approval of mandatory national standards; Responsible for initiating, organizing drafting, soliciting opinions, conducting technical reviews, numbering, and approving the publication of recommended national standards.

The relevant administrative departments of the State Council are responsible for proposing, organizing the drafting, soliciting opinions, conducting technical reviews, and organizing the implementation of mandatory national standards in accordance with their responsibilities.

The National Professional Standardization Technical Committee (hereinafter referred to as the Technical Committee), established by the administrative department in charge of standardization under the State Council and composed of relevant parties, is entrusted by the administrative department in charge of standardization under the State Council to carry out the drafting, soliciting opinions, technical review, and re examination of recommended national standards, and undertake the interpretation of centralized recommended national standards; Entrusted by the relevant administrative departments of the State Council, undertake the drafting and technical review of mandatory national standards; Responsible for organizing translation and review of foreign versions of national standards, evaluating implementation status, and conducting research and analysis.

The administrative department in charge of standardization under the State Council may, as needed, entrust relevant administrative departments under the State Council and industry associations to provide guidance to the technical committee on the application and approval of recommended national standards.

The standardization administrative departments and relevant administrative departments of the people's governments at or above the county level shall supervise and inspect the implementation of national standards in accordance with their statutory duties.

Article 9:; For the formulation and implementation of national standards that are cross departmental, cross disciplinary, and have significant disputes, the administrative department in charge of standardization under the State Council shall organize consultations. If consultations fail, the matter shall be submitted to the State Council's standardization coordination mechanism for resolution.

Article 10:; National standards and foreign language versions are protected by copyright in accordance with the law, and the approving and publishing entities of the standards enjoy the copyright of the standards.

Article 11:; National standards generally do not involve patents. The patents involved in national standards shall be essential patents for the implementation of the standard, and their management shall be carried out in accordance with the relevant management regulations on patents involved in national standards.

Article 12:; The formulation of national standards should be based on scientific and technological research and social practice experience, and through investigation, argumentation, verification, and other methods, ensure the scientific, normative, applicable, and timely nature of national standards, and improve the quality of national standards.

The formulation of national standards should be open, transparent, and widely solicit opinions from all parties.

Article 13:; The administrative department in charge of standardization under the State Council shall establish a national standard verification work system. Verify the technical requirements and testing methods of national standards as needed.

Article 14:; The formulation of national standards should achieve coordination and matching among relevant standards.

Article 15:; Encourage the transformation of scientific and technological achievements into national standards, focus on national scientific research projects and active areas of market innovation, simultaneously promote scientific and technological research and standard development, and improve the timeliness of the transformation of scientific and technological achievements into national standards.

Article 16:; Group standards that are progressiveness, leading, effective, and need to be popularized nationwide can be formulated as national standards according to procedures.

Article 17:; For projects that are still developing and require guidance or have standardization value, they can be formulated as national standardization guidance technical documents.

 

Chapter 2: Formulation of National Standards

 

Article 18:; Government departments, social organizations, enterprises and institutions, as well as citizens, may submit proposals for the establishment of national standards to the relevant administrative departments of the State Council in accordance with national development plans and economic and social development needs, or directly submit proposals for the establishment of national standards to the standardization administrative departments of the State Council.

Recommendations for the establishment of national standards can be submitted to the technical committee.

Encourage the submission of international standard project proposals simultaneously with national standard project proposals.

Article 19:; After receiving the proposal for national standards, the standardization administrative department of the State Council and the relevant administrative departments of the State Council shall evaluate and demonstrate the necessity and feasibility of the proposal. The proposal for the establishment of national standards can be entrusted to a technical committee for evaluation.

Article 20:; If the proposal for the establishment of mandatory national standards is decided after evaluation, the relevant administrative department of the State Council shall submit an application for establishment based on its responsibilities.

If the recommended national standard project proposal is approved after evaluation, the technical committee shall submit it to the relevant administrative department of the State Council or industry association for review, and then apply for project approval to the standardization administrative department of the State Council. If a technical committee has not been established, the relevant administrative department of the State Council may directly apply for the establishment of recommended national standard projects based on their responsibilities.

The application materials for project approval should include a project application form and a draft standard. The project application should explain the necessity and feasibility of formulating national standards, the situation of domestic and foreign standards, the degree of consistency with international standards, the main technical requirements, and the schedule.

Article 21:; The administrative department in charge of standardization under the State Council organizes national standard professional evaluation institutions to evaluate the national standard projects applied for and provide evaluation recommendations.

The evaluation generally includes the following contents:

(1) The status of the standard system in this field;

(2) Standard technical level, industrial development situation, expected role and benefits;

(3) Whether it complies with the provisions of laws and administrative regulations, and whether it is coordinated and connected with the technical requirements of relevant standards;

(4) Comparison and analysis with relevant international and foreign standards;

(5) Does it comply with the provisions of Article 3, Article 4, and Article 5 of these Measures.

Article 22:; The administrative department in charge of standardization under the State Council shall solicit opinions from the public through the National Standard Information Public Service Platform for proposed national standard projects, and the period for soliciting opinions is generally not less than 30 days. When necessary, opinions from relevant administrative departments of the State Council may be sought in writing.

Article 23:; If there are significant differences in the project proposal, the standardization administrative department of the State Council may, in conjunction with relevant administrative departments of the State Council and industry associations, organize a technical committee to coordinate the disputed content and form a handling opinion.

Article 24:; If the administrative department in charge of standardization under the State Council decides to approve a project, it shall issue a project plan.

If the administrative department in charge of standardization under the State Council decides not to approve the project, it shall promptly provide feedback and explain the reasons for not approving the project.

Article 25:; The deadline for submitting and approving materials for mandatory national standards under the plan shall generally not exceed 24 months. The deadline for submitting and approving materials for recommended national standards under the plan shall generally not exceed eighteen months.

If national standards cannot be submitted within the deadline specified in the project plan, an extension application should be submitted 30 days in advance. The extension period for mandatory national standards shall not exceed twelve months, and the extension period for recommended national standards shall not exceed six months.

If it cannot continue to be implemented, the administrative department in charge of standardization under the State Council shall terminate the national standard plan.

During the implementation of the national standard plan, the administrative department in charge of standardization under the State Council may adjust the content of the national standard plan.

Article 26:; The relevant administrative departments or technical committees of the State Council shall organize and implement the project plan, and timely carry out the drafting of national standards.

The drafting of national standards should establish a professional and widely representative drafting working group to carry out specific work such as research, demonstration (verification), preparation, and soliciting opinions on the drafting of national standards.

Article 27:; The drafting working group shall draft the national standard solicitation draft, preparation instructions, and relevant materials in accordance with the relevant requirements of the standard. The preparation instructions generally include the following contents:

(1) Job brief, including task source, development background, drafting process, etc;

(2) The principles, main contents, and determination basis of national standard compilation, as well as the comparison of technical content before and after revision when revising national standards;

(3) Analysis and review report of experimental verification, technical and economic demonstration, expected economic, social, and ecological benefits;

(4) Comparison with international and foreign standards and technical content, or comparison with relevant data of tested foreign samples and prototypes;

(5) Drafting based on international standards, and whether they are compliant with referencing or adopting international foreign standards, and explaining the reasons for not adopting international standards;

(6) The relationship with relevant laws, administrative regulations, and standards;

(7) The process and basis for handling major disagreements;

(8) Relevant explanations related to patents;

(9) Suggestions for implementing national standards, as well as organizational measures, technical measures, transition periods, and implementation dates;

(10) Other matters that should be explained.

Article 28:; The draft and compilation instructions for national standards shall be publicly solicited for opinions through relevant portal websites, national standard information public service platforms, and other channels. At the same time, opinions shall be sought from other relevant administrative departments of the State Council, enterprises and institutions, social organizations, consumer organizations, and scientific research institutions.

The deadline for soliciting public opinions on national standards is generally not less than 60 days. Mandatory national standards should be communicated to the public in accordance with the requirements of the World Trade Organization when soliciting opinions.

The relevant administrative departments or technical committees of the State Council shall handle the collected opinions and form a national standard for review.

Article 29:; The technical committee shall conduct technical review of the national standard review in the form of a meeting, focusing on the scientific, rational, applicable, and normative nature of the technical requirements. The organization and voting of the review meeting shall be carried out in accordance with the relevant provisions of the "Management Measures of the National Professional Standardization Technical Committee".

If a technical committee has not been established, a review expert group should be established to conduct technical review in the form of a meeting. The members of the review expert group shall be representative and composed of relevant parties such as producers, operators, users, consumers, and public interest parties, with a minimum of fifteen members. Review experts should be familiar with the technology and standards in their field. The technical review shall be agreed upon through consultation. If a vote is required, it shall be deemed passed if more than three-quarters agree. Drafters shall not undertake technical review work.

The review meeting shall form meeting minutes, which shall be signed by all attending experts. The meeting minutes should truthfully reflect the review situation, including the meeting time and location, meeting agenda, list of experts, specific review opinions, review conclusions, etc.

If the technical review fails, it shall be revised according to the review opinions and resubmitted for technical review. If consensus cannot be reached, a plan project termination application can be submitted.

Article 30:; The technical committee shall form a national standard approval draft, preparation instructions, and opinion processing form based on the review opinions. After being reviewed by the relevant administrative department of the State Council or industry associations, it shall be submitted to the standardization administrative department of the State Council for approval and publication or authorized by the State Council for publication.

If a technical committee has not been established, the relevant administrative department of the State Council shall form a national standard approval draft, preparation instructions, and opinion processing form based on the review opinions, and submit it to the standardization administrative department of the State Council for approval or authorized by the State Council for publication.

The approval materials include:

(1) Submit official documents;

(2) Draft for approval of national standards;

(3) Preparation instructions;

(4) Soliciting opinions, summarizing and processing table;

(5) Review meeting minutes;

(6) Other materials that need to be submitted.

Article 31:; The administrative department in charge of standardization under the State Council entrusts national standard professional review institutions to review the approval materials of national standards. The national standard professional review institution shall review the following contents:

(1) Whether the standard setting procedures, approval materials, and quality of standard writing meet relevant requirements;

(2) The scientificity and rationality of standard technical content, the coordination between standards, and the handling of major disagreements;

(3) Whether it complies with relevant laws, administrative regulations, industrial policies, and fair competition regulations.

Article 32:; Mandatory national standards are approved or authorized for publication by the State Council. Recommended national standards are uniformly approved and numbered by the standardization administrative department of the State Council, and published in the form of announcements.

The code of national standards is composed of uppercase Chinese Pinyin letters. The code for mandatory national standards is "; GB", The code for recommended national standards is "; GB/T", The code for national standard samples is "; GSB"。 The code for guiding technical documents is "; GB/Z"。

The numbering of national standards consists of the code of the national standard, the sequence number of the release of the national standard, and the year number of the release of the national standard. The numbering of national standard samples consists of the code, classification catalog number, release sequence number, replication batch number, and release year number of the national standard samples.

Article 33:; The national standards urgently needed to respond to sudden emergencies can be formulated with shortened time requirements.

Article 34:; National standards are published by publishing institutions commissioned by the standardization administrative department of the State Council.

The administrative department in charge of standardization under the State Council shall, in accordance with relevant regulations, publicly disclose the national standard text on the National Standard Information Public Service Platform for public access.

 

Chapter 3 Implementation and Supervision of National Standards

 

Article 35:; A reasonable transition period should be left between the publication and implementation of national standards.

Before the implementation of national standards, enterprises can choose to implement the original national standards or the new national standards.

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

Article 36:; Mandatory national standards must be implemented. Products and services that do not comply with mandatory national standards shall not be produced, sold, imported, or provided.

Recommended national standards are encouraged to be adopted. Encourage the implementation of recommended national standards in infrastructure construction, basic public services, social governance, government procurement and other activities.

Article 37:; After the release of national standards, standardization administrative departments at all levels, relevant administrative departments, industry associations, and technical committees should organize the promotion and dissemination of national standards.

Article 38:; National standards are interpreted by the administrative department in charge of standardization under the State Council, and the interpretation of national standards has the same legal effect as the standard text. After the explanation is released, the administrative department in charge of standardization under the State Council shall publicly disclose the explanation text on the national standard information public service platform within 20 days from the date of release.

For consultations on specific technical issues related to the implementation of national standards, the standardization administrative department of the State Council may entrust relevant administrative departments, industry associations or technical committees of the State Council to respond. The relevant responses should be made public in accordance with the relevant regulations on national information disclosure.

Article 39:; Enterprises and relevant social organizations shall comply with the standardization requirements stipulated in these Measures when developing new products, improving products and services, and conducting technological transformations.

Article 40:; The administrative department in charge of standardization under the State Council shall establish a feedback mechanism for the implementation of national standards and ensure smooth channels for information feedback.

Encourage individuals and organizations to provide feedback on issues and modification suggestions arising from the implementation of national standards through the National Standard Information Public Service Platform.

Standardization administrative departments at all levels, relevant administrative departments, industry associations, and technical committees should collect relevant national standard implementation information in their daily work.

Article 41:; The administrative department in charge of standardization under the State Council, relevant administrative departments under the State Council, industry associations, and technical committees shall promptly analyze and process the feedback on the implementation of national standards.

Article 42:; The administrative department in charge of standardization under the State Council shall establish an evaluation mechanism for the implementation effect of national standards. The administrative department in charge of standardization under the State Council shall regularly organize the evaluation of the implementation effect of national standards in key areas based on the implementation of national standards. The evaluation of the implementation effect of national standards should include the following contents:

(1) The scope of implementation of the standard;

(2) The economic, social, and ecological benefits generated by the implementation of standards;

(3) Problems and modification suggestions discovered during the implementation of standards.

Article 43:; The relevant administrative departments, industry associations, or technical committees of the State Council shall conduct a review of national standards based on feedback on implementation information, evaluation of implementation effects, and the needs of economic, social, and scientific and technological development. They shall propose review conclusions that are still valid, revised, or abolished, and report them to the standardization administrative department of the State Council. The review period generally does not exceed five years.

If the review conclusion is revised, the relevant administrative departments of the State Council, industry associations or technical committees shall propose revision items when submitting the review conclusion.

If the review conclusion is abolished, the standardization administrative department of the State Council shall solicit opinions from the public through the National Standard Information Public Service Platform, and the solicitation of opinions shall generally not be less than 60 days. If there are no significant differences of opinion or if there is consensus through coordination, the standardization administrative department of the State Council shall abolish it in the form of a public announcement.

Article 44:; After the release of national standards, some technical requirements need to be adjusted, supplemented or deleted, which can be modified through a modification form. The amendment form shall be proposed by the relevant administrative department, industry association or technical committee of the State Council, and shall be approved by the standardization administrative department of the State Council in accordance with the procedures and published in the form of a public announcement. The amendment form of the national standard has the same legal effect as the standard text.

 

Chapter 4 Supplementary Provisions

 

Article 45:; If the Measures for the Administration of Compulsory National Standards have other provisions on the formulation, organization, implementation, and supervision of compulsory national standards, those provisions shall prevail.

Article 46:; This method will be implemented from March 1, 2023. The "National 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_49eccc4e3ee4480a970d239500fae513.html