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

国家质量监督检验检疫总局认证机构管理办法

November 08, 2011 | BY

clpstaff &clp articles &

Regulation of certification institutions strengthened.

Clp Reference: 5000/11.07.20 Promulgated: 2011-07-20 Effective: 2011-09-01

Promulgated: July 20 2011
Effective: September 1 2011
Interpreting authority: General Administration of Quality Supervision, Inspection and Quarantine (AQSIQ)

Applicability: The term “certification institution” means an attesting institution with legal personality established after approval, in accordance with the law, that independently engages in the qualification assessment of whether products, services and management systems comply with standards and the requirements of related technical specifications (Article 2).

If a certification institution from Hong Kong, Macao or Taiwan wishes to establish a certification institution or representative office on the mainland, it shall carry out the relevant examination and approval procedures according to the provisions on overseas certification institutions of Part Two, and comply with the Measures (Article 60).

Main contents: AQSIQ has overall responsibility for the oversight of certification institutions, while the Certification and Accreditation Administration (the CNCA) is responsible for the work associated with the establishment of certification institutions, related examination and approval, and oversight of their practice activities (Article 4).

To establish a certification institution, an entity shall have a registered capital of not less than Rmb3 million and at least 10 full-time certification personnel with the practice qualifications and capabilities in the relevant field (Article 8). A foreign investor that establishes a certification institution in China shall also satisfy, among others, the following requirements: being an institution with at least three years of certification practice experience in the pertinent field outside China; and having secured the accreditation in the pertinent field of the accreditation institution or the recognition of the relevant authority in its home country or region (Article 9). An overseas certification institution may establish a representative office in China that engages in publicity and promotional activities falling within the institution's scope of business (Article 16).

A certification institution and its subsidiaries, branches and offices may not have a material interest in a certification consulting firm or a client in terms of assets, management or personnel (Article 19). An office established by a certification institution or a representative office established in China by an overseas certification institution and its personnel may not engage in activities such as executing certification contracts, organising onsite reviews (inspections), issuing review (inspection) reports, implementing certification decisions or collecting certification fees, and may not directly or in a disguised manner engage in the provision of certification training or certification consulting (Article 33).

Related legislation: PRC Certification and Accreditation Regulations, Sept 3 2003

clp reference:5000/11.07.20prc reference:质检总局令第141号promulgated:2011-07-20effective:2011-09-01

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