Announcement of the General Administration of Quality Supervision, Inspection and Quarantine of People’s Republic of China
No. 81 The Measures for the Administration on Authentication Training Institutions, which has been deliberated and adopted at the executive September 29, 2005 Measures for the Administration on Authentication Training Institutions Article 1 With a view to intensifying the supervision and administration on authentication training institutions and regulating the authentication Article 2 The term “authentication training institution” as mentioned in the present Measures refers to the organizations that undertake the Article 3 The conducting of authentication training activities within the territory of the People’s Republic of China shall be subject to the Article 4 The State Authentication and Accreditation Regulatory Commission (hereinafter referred to as the SCARC) shall be responsible for The local quality and technology supervisory departments at all levels and the entry-exit inspection and quarantine institutions of Article 5 The State encourages the accreditation training institutions to obtain the accreditation of accreditation institutions as authorized Chapter II Conditions for Establishment and Procedures for Approval Article 6 The establishment of any authentication training institution shall be subject to the approval of the SCARC and obtain the legal-person Article 7 To establish a authentication training institution, the following conditions shall be met: (1) having fixed business place, necessary training and teaching facilities and working conditions; (2) having the registered capital not lower than RMB 200 thousand Yuan; (3) having four or more full-time teachers of the qualifications of registered training teachers, and having two or more full-time teachers (4) having the quality management system documents as required by the relevant authentication training institutions; (5) having self-owned or authorized, by relevant organizations, training courses on intellectual property rights; and (6) other conditions as required. As for the establishment of a foreign-funded authentication training institution, the foreign investor shall, in addition to the above-mentioned Article 8 The examination and approval procedures for the establishment of a authentication training institution shall be: (1) The applicant applying for the establishment of a authentication training institution (hereinafter referred to as the applicant) (2) The SCARC shall conduct a preliminary examination on those application materials as submitted by the applicant, and shall, within (3) The SCARC shall, as of the day when an application is accepted, examine and verify the virtual content of the application materials, (4) The applicant shall, upon the strength of the Notice on Approval of the Establishment of a Authentication Training Institution as The SCARC shall make public the list of those authentication training institutions established according to law. Article 9 The valid period of a Letter on Approval of the Establishment of a Authentication Training Institution shall be four years. Where a authentication training institution needs to extend the valid period of a Letter on Approval of the Establishment of a Authentication Article 10 Any permanent representative office of an overseas authentication training institution as established within the territory of the Article 11 Where a authentication training institution intends to conduct the relevant training courses as subcontracted from overseas authentication Article 12 The authentication institution, authentication training institution or authentication consulting institution may engage in the training The teachers of training internal auditors shall be of the qualifications of senior auditors or senior consultants. Chapter III Behavior Criterions Article 13 A authentication training institution shall, in light of the basic authentication training rules as well as the norms and rules for As for a new authentication training field, where no uniform norm or rule for authentication training courses has been formulated Article 14 The authentication training institution shall publicize the information on the basic requirements for authentication training and Article 15 The authentication training institution shall accomplish such basic procedures as the design of courses, management of courses, management The authentication training institution shall make complete records of the authentication training process and keep them in archives. Article 16 The authentication training institution shall establish the system for the management on training courses and the appraisal on training Article 17 The authentication training institution and its training teachers shall timely make a authentication training conclusion, and ensure Where a trainee meets the relevant requirements after authentication training, the authentication training institution shall issue Article 18 The authentication training conclusion shall, after the training teacher affixes his name thereon, be signed by the person in-charge The authentication training institution and its authentication training teachers shall be responsible for the authentication training Article 19 The authentication training institution shall supervise, monitor and appraise the effectiveness of its own authentication training The authentication training institution shall, before the end of January each year, submit a work report of the previous year respectively Article 20 Under any of the following circumstances, a authentication training institution shall, prior to the occurrence of alteration, report (1) The business scope of authentication training alters; (2) The legal representative or shareholders alters; (3) The full-time teachers alter; or (4) The name of the authentication training institution alters. Chapter IV Supervision and Inspection Article 21 The SCARC shall supervise and inspect the authentication training institutions by means of examination of annual reports, on-the-spot Article 22 The accreditation institution shall conduct authentication supervision over those authentication training institutions that have Article 23 The local authentication supervisory and administrative department shall, in accordance with the present Measures, supervise and Article 24 Any entity or individual has the right to report any illegal or irregular authentication training act to the SCARC or the local authentication Article 25 Under any of the following circumstances, the SCARC shall go through the formalities for canceling the decision on approval of a (1) The valid period of a Letter on Approval of a Authentication Training Institution has expired and has not been extended; (2) The authentication training institution has been terminated according to law; (3) The authentication training institution has lost the capacity for authentication training; or (4) Any other circumstance as prescribed by laws or regulations, under which the decision on approval of authentication training institutions Article 26 Under any of the following circumstances, the SCARC may, pursuant to the request of any interested party or its function, revoke (1) The functionary makes an approval decision by abusing his authorities or neglecting his duties; (2) An approval decision is made by exceeding the statutory authorities; (3) An approval decision is made by violating the statutory procedures; (4) An approval is granted to an applicant that is not of the application qualifications or does not meet the statutory conditions; or (5) Other circumstances, under which an approval decision may be revoked. Chapter V Penalty Provisions Article 27 Where any authentication training activity is illegally carried out without approval, the violator shall be charged to stop its authentication Article 28 Where a authentication training institution illegally undertakes the relevant training courses subcontracted from an overseas authentication Article 29 Where an applicant applies for establishing a authentication training institution by disguising the relevant conditions or providing Article 30 Where a authentication training institution obtains the approval document by frauds, bribes or any other unjustifiable means, it Article 31 Where a authentication training institution undertakes the authentication training activities by exceeding its business scope as Article 32 Where a authentication training institution alters, leases or lends its approval certificate or illegally transfers its authentication Article 33 Where a authentication training institution undertakes false or misleading dissemination by means of the public information, websites Article 34 Where any provision in Articles 13 up to 20 of the present Measures is violated, the violator shall be charged to make corrections Article 35 When the SCARC or the local authentication supervisory and administrative department conducts supervision and inspection on a authentication Article 36 Where a permanent representative office of an overseas authentication training institution established within the territory of the Article 37 Where a authentication training institution employs any training teacher that has not been registered or affirmed by an accreditation Article 38 Where a authentication training institution continues to undertake the authentication training activities during the period that Article 39 In the case of buying, selling, forging or illegal use of approval documents, authentication training certificates or other authentication Where a authentication training institution commits any illegal act as prescribed in the preceding paragraph, the SCARC shall charge Article 40 Where any functionary of the SCARC or the local authentication supervisory and administrative department violates the provisions Chapter VI Supplementary Provisions Article 41 The examination and approval on or any other matter related to the establishment of a authentication training institution or a permanent Article 42 The charges for authentication training shall be subject to the price laws and administrative regulations of the state. Article 43 The power to interpret the present Measures shall remain with the General Administration of Quality Supervision, Inspection and Quarantine. Article 44 The present Measures shall go into effect as of November 1, 2005. Those provisions for the examination and approval on authentication training institutions or other relevant administrative provisions |
General Administration of Quality Supervision, Inspection and Quarantine
2005-09-29