General Administration of Quality Supervision, Inspection and Quarantine, Measures for the Administration of Certification Consultancies

Promulgated: September 29 2005
Effective: November 1 2005
Interpreting authority: General Administration of Quality Supervision, Inspection and Quarantine
Applicability: The term 'certification consultancies' refers to organizations that provide technical guidance and services so that products, services and management systems will comply with the relevant certification and technical standards (Article 2). Those engaging in certification consultancy activities in the PRC shall comply with these Measures (Article 3). Applicants from the Hong Kong and Macao Special Administrative Regions and Taiwan for the establishment of certification consultancies or resident representative offices in other provinces, autonomous regions and municipalities directly under the central government in the PRC shall, mutatis mutandis, handle the examination and approval procedures and other matters in accordance with these Measures (Article 36). Any examination, approval or other administrative provisions relating to certification consultancies that fail to comply with these Measures shall no longer be implemented as of the effective date of these Measures (Article 39).

Main contents: The registered capital for the establishment of certification consultancies shall be no less than Rmb100,000. To establish a foreign-invested certification consultancy, a foreign investor shall have obtained certification consultancy qualifications as required by laws of its residing country or region (Article 7). Certification consultancies establishing a branch shall file with the provincial level quality and technical supervisory department at the place where the branch is to be established for the record (Article 11). A resident representative office in the PRC established by a foreign certification consultancy shall have filed a record with the Certification and Accreditation Administration before it may engage in promotional activities related to business contact, market survey and research, and technology exchange, etc., but may not engage in business activities related to certification consultancy (Article 12).
Related legislation: Administrative Licensing Law, Aug 27 2003, CLP 2003 No.7 p.7 and PRC Certification and Accreditation Regulations