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the Standing Committee of the National People’s Congress
Order of the President of the People’s Republic of China
No. 35
The Civil Servant Law of the People’s Republic of China, which was adopted at the 15th session of the Standing Committee of the Tenth
National People’s Congress of the People’s Republic of China on April 27, 2005, is hereby promulgated and shall come into force as
of January 1, 2006.
The President of the People’s Republic of China
April 27, 2005
The Civil Servant Law of the People’s Republic of China ContentsChapter I General Provisions
Chapter II The Qualifications, Obligations and Rights of a Civil Servant
Chapter III Posts and Ranks
Chapter IV Employment
Chapter V Assessment
Chapter VI Appointment and Dismissal
Chapter VII Promotion and Demotion
Chapter VIII Rewards
Chapter IX Punishments
Chapter X Trainings
Chapter XI Intercommunication and Avoidance
Chapter XII Wage, Welfare and Insurance
Chapter XIII Resignation and Dismissal
Chapter XIV Retirement
Chapter XV Appeal and Accusation
Chapter XVI Appointment
Chapter XVII Legal Liabilities
Chapter XVIII Supplementary Provisions
Chapter I General Provisions
Article 1
The present Law is formulated according to the Constitution with a view to regulating the administration of civil servants, ensuring
the legitimate rights and interests of civil servants, strengthening the supervision on civil servants, constructing a high-quality
troop of civil servants so as to promote diligent and honest government and enhance working efficiency.
Article 2
The term “civil servant” as mentioned in the present Law refers to those personnel who perform public duties according to laws and
have been included into the state administrative staffing with wages and welfare borne by the state public finance.
Article 3
The obligations, rights and administration of civil servants shall be subject to the present Law.
Where there are other provisions on the appointment, dismissal and supervision of leading members of civil servants and on the obligations,
rights and administration of judges and inquisitors, such provisions shall prevail.
Article 4
The civil servant system shall take Marxism, Leninism, Mao Zedong Thought and Deng Xiaoping Theory and the important thought of “Three
Represents”, as its guide. Carry out the basic route of the preliminary stage of socialism and the cadre routes and guidelines of
the Chinese Communist Party (CPC), and adhere to the principle that the CPC assumes the administration of cadres.
Article 5
The administration of civil servants shall persist in the principle of openness, equality, competition and selecting the superior
ones, and be carried out pursuant to the legal power limits, qualifications, standards and procedures.
Article 6
The administration of civil servants shall adhere to the principle of paying equal attention to supervisory restriction and incentive
guarantee.
Article 7
The appointment of civil servants shall adhere to the principle of making appointment on abilities and having both political integrity
and professional competence, and attach importance to practical achievements of work.
Article 8
The state shall adopt classified administration on civil servants to enhance the administrative efficiency and level of scientific
administration.
Article 9
Any act of a civil servant to perform his duties according to law shall be protected by law.
Article 10
The central competent department of civil servants shall be responsible for the comprehensive administration on civil servants. The
local competent departments of civil servants above the county level shall be responsible for the comprehensive administration on
civil servants within their respective jurisdictional divisions. The competent department of civil servants at a higher level shall
guide the administration on civil servants as carried out by its counterpart at a lower level. The competent department of civil
servants at all levels shall guide the administration on civil servants of all organs at the same level.
Chapter II Qualifications, Obligations and Rights of a Civil Servant
Article 11
A civil servant shall satisfy the following qualifications:
(1)
having the nationality of the people’s Republic of China;
(2)
reaching the full age of 18;
(3)
upholding the Constitution of the people’s Republic of China;
(4)
having good moralities;
(5)
being in a proper health state to perform his functions and duties normally;
(6)
having the educational level and working capacity as required by the post; and
(7)
any other qualification as prescribed by laws.
Article 12
A civil servant shall perform the following obligations:
(1)
playing an exemplary role in observing the Constitution and the law;
(2)
earnestly performing his functions and duties in light of the prescribed power limit and procedure, and making efforts to advance
his working efficiency;
(3)
serving people heart and soul, and being subject to the supervision of people;
(4)
safeguarding the security, honor and interests of the state;
(5)
being loyal to his duty, being diligent and pious, obeying and implementing the decisions and orders made by the superior organ;
(6)
keeping the secrets of the state and the secrets relating to his work;
(7)
observing the disciplines, scrupulously abiding by the professional ethics, and playing an exemplary role in observing the social
morals;
(8)
being honest and clean, just and upright;
(9)
any other obligations as provided for by laws.
Article 13
A civil servant may enjoy the following rights:
(1)
acquiring the necessary working conditions to perform his functions and duties;
(2)
being subject to no dismissal, demotion, expulsion or punishment without a legally prescribed cause or without following the legal
procedures;
(3)
obtaining the remunerations of wages, and enjoying the treatment of welfare and insurance;
(4)
participating in trainings;
(5)
bringing forward criticisms or suggestions on the work or leaders of the organ he works for;
(6)
lodging an appeal or accusation;
(7)
applying for demission; and
(8)
any other right as prescribed by law.
Chapter III Posts and Ranks
Article 14
The state adopts classified system of posts of civil servants.
The posts of civil servants shall, in light of the nature, features and necessities of administration on civil servant posts, be classified
into such categories as comprehensive administrators, technological professionals and administrative law enforcers. The State Council
may, according to the present Law, add any other category of posts for those with positional peculiarities and in need of separate
administration. The scopes of application of the various posts shall be separately prescribed by the state.
Article 15
The state shall establish a sequence of civil servant posts according to the categories thereof.
Article 16
The posts of civil servants are divided into leading posts and non-leading posts.
The levels of leading posts are classified into chiefs at the state level, deputies at the state level, chiefs at the provincial and
ministerial level, deputies at the provincial and ministerial level, chiefs at the department and bureau level, deputies at the department
and bureau level, chiefs at the county and section level, deputies at the county and section level, chiefs at the township and sub-division
level and deputies at the township and sub-division level.
The levels of non-leading posts shall be set up below the department and bureau level.
Article 17
The leading posts of comprehensive administrators shall be decided and established according to the Constitution, relevant laws, post
levels and organizational specifications.
The non-leading posts in the category of comprehensive administration shall be inspectors, deputy inspectors, researchers, deputy
researchers, division directors, deputy division director, division personnel and clerks.
The sequence of civil servant posts other than the category of comprehensive administration shall be otherwise prescribed by the state
according to the present Law.
Article 18
All organs shall, according to decided functions, specifications, staffing quota and structural proportion, set up specific posts
for civil servants within their respective organ, and decide the functions and duties of each post and the qualifications for assuming
the post.
Article 19
The posts of civil servants shall be matched with the corresponding ranks. The corresponding relationship between the posts and ranks
of civil servants shall be prescribed by the State Council.
The post and rank of a civil servant are the basis to decide the salary and any other treatment thereof.
The rank of a civil servant shall be decided by the post he assumes, the moral status and abilities thereof, the practical achievements
of his work and his seniority. For the civil servants assuming a same post, the promotion of ranks thereof may be made according
to the provisions of the state.
Article 20
The state may establish the corresponding ranks, according to the particularities of the work concerned, for those posts as assumed
by such civil servants as the people’s police and those working in the customs houses or in the institutions of foreign affairs stationed
abroad.
Chapter IV Employment
Article 21
The employment of civil servants with the posts lower than the division director or in any other non-leading post at the corresponding
level shall adopt measures of open examination, strict inspection, equal competition and employment on the basis of competitive selection.
Where there is any employment of civil servants in an autonomous region according to the provisions of the foreside paragraph, the
applicants of ethic minorities shall be given appropriate preferential treatment according to laws and other relevant provisions.
Article 22
The employment of civil servants in the state organs of the Central Government and the institutions directly under them shall be organized
by administrative department of civil servants of the Central Government. The employment of civil servants in local state organs
at all levels shall be organized by the administrative departments of civil servants at the provincial level. When necessary, the
administrative department of civil servants at the provincial level may authorize the administrative department of civil servants
in the districted cities to do it.
Article 23
Anyone entering for the examination for civil servants shall, besides the requirements as prescribed by Article 11 of the present
Law, satisfy the qualifications for the would-be posts as prescribed by the administrative departments of civil servants above the
provincial level.
Article 24
Anyone under the following circumstances shall not be employed as a civil servant:
(1)
having been imposed on a criminal punishment;
(2)
having been dismissed from public office; and
(3)
any other circumstance as prescribed by laws, under which one shouldn’t be employed as a civil servant.
Article 25
Where anyone is to be employed as a civil servant, he shall be within the prescribed staffing quota, and there is a corresponding
post vacancy.
Article 26
A notice of recruiting civil servants through examination shall be publicized for the employment of civil servants. The posts, quota,
qualifications for the said examination, application materials needed to be submitted and other points of attention for examination
application shall be indicated in the notice.
The employing organ shall take measures to facilitate the examination application of citizens.
Article 27
The employing organ shall conduct inspection on the examination application in light of the qualification requirements for the applicants.
The application materials as submitted by the applicants shall be true and accurate.
Article 28
The employment examination of civil servants shall be carried out in written form and by interviews. The examination content shall
be decided respectively according to the basic capabilities of civil servants as required and the different categories of posts.
Article 29
The employing organ shall decide candidates to be inspected pursuant to the results of examination, and shall conduct a re-examination
over the application qualifications of applicants, make an inspection and health checkup.
The items and standard of health checkup shall be decided by the requirements of corresponding posts. The specific measures shall
be provided for by the administrative department of civil servants of the Central Government in collaboration with the administrative
department of sanitation of the State Council.
Article 30
The employing organ shall, according to examination results and results of inspection and health checkup, bring forward a name list
of candidates to be employed and publicize it to the general public.
Where the duration of public announcement expires, the employing organ at the central level shall report the name list to the administrative
department of civil servants of the Central Government for archival filing. The employing organs at the local level shall report
the name list to the administrative department of civil servants at the provincial level or in the districted cities for examination
and approval.
Article 31
As for the employment of civil servants for any special post, the procedures thereof may, upon the approval of the administrative
department of civil servants at the provincial level or above, be simplified and other measures for test and appraisal may be adopted.
Article 32
The probation term of newly employed civil servants is 1 year. Anyone who is qualified at the expiration of the probation term may
take the post. For anyone who is disqualified, the employment thereof shall be canceled.
Chapter V Assessment
Article 33
The assessment of a civil servant shall be managed according to the power limit of administration, and shall examine the morality,
capability, diligence, achievement and uprightness thereof in an all-round manner and focus on the practical achievements of his
work.
Article 34
The assessment of a civil servant includes assessment in usual days and periodical assessment. The periodical assessment shall be
based on the assessment in usual days.
Article 35
The periodical assessment of a non-leader civil servant shall be conducted in the form of annual examination. First, the individual
concerned shall make a summary in light of the post and duties thereof and relevant requirements. Then the leader-in-charge shall,
after soliciting the opinions of the masses, bring forward a suggestion of assessment grade, and the person-in-charge of the organ
concerned or the authorized assessment committee shall decide the assessment grade.
As for those leading members of civil servants, the periodical assessment shall be conducted by the administrative organ thereof according
to relevant provisions.
Article 36
The results of periodical assessment shall be divided into four grades: excellent, competent, basically competent and incompetent.
The civil servant concerned shall be notified of the periodical assessment result thereof in written form.
Article 37
The result of periodical assessment shall be considered as the basis for the adjustment of post, rank, wage, reward, training and
dismissal of a civil servant.
Chapter VI Appointment and Dismissal
Article 38
The employment system through selection and the employment system through appointment shall be adopted for the posts of civil servants.
The tenure system shall be adopted for the posts of leading members according to the provisions of the state.
Article 39
The civil servant by the employment system through selection may assume the post upon the enforcement of selection result thereof.
No one may continue to assume his post when his tenure expires. The tenure of a post shall be terminated where anyone resigns his
post or is dismissed or removed during his tenure.
Article 40
For a civil servant employed by the employment system through appointment, if he is found to qualified at the expiration of his probation
term, or his post is changed, or he no longer assumes the post as a civil servant or is under any other circumstance where a dismissal
is necessary, the appointment and dismissal thereof shall be decided in light of the power limit of administration and the prescribed
procedures.
Article 41
The post assumption of a civil servant shall be carried through within the prescribed staffing quota and the amount of posts, and
meets a corresponding post vacancy.
Article 42
A civil servant, who has a part-time job out of his organ due to his work, shall be subject to the approval of the relevant organs
and shall not draw any reward from his part-time job.
Chapter VII Promotion and Demotion
Article 43
For the promotion of a civil servant, he shall satisfy the requirements in such aspects as the ideological and political qualifications,
working capability, educational level and working experience.
The promotion of a civil servant shall be conducted grade by grade. Those, who are particularly excellent or are needed in work due
to special reasons, may enjoy the exception of waiving conventional constraints or being promoted by two ranks according to relevant
provisions.
Article 44
The promotion of a civil servant to a leading post shall be subject to the following procedures:
(1)
deciding the candidate to be inspected by democratic recommendation;
(2)
organizing an inspection, bringing forward suggestion on appointment through deliberation and making preparation within a certain
range where it is necessary;
(3)
discussing the decision according to the power limit of administration; and
(4)
going through the formalities of position according to the provisions.
The promotion of a civil servant to a non-leading post shall be subject to the procedures as prescribed in the preceding paragraph.
Article 45
Where there is any vacancy of a leading post lower than the chief at the department and bureau level in an entity of an organ, the
candidate may be selected through competitive post bidding within the foresaid organ or within the staff members thereof.
Where there is any vacancy of a leading post lower than the chief or higher than the deputy researcher at the department and bureau
level or any other vacancy of non-leading post at the corresponding level, the candidate thereof may be selected through an open
selection from the society.
The candidate of a judge or public procurator for the first time shall be selected through open selection from those who have obtained
the relevant qualifications through the judicial examination as uniformly organized by the state.
Article 46
The system of public announcement before assuming the post and the system of probation for assuming the post shall be adopted in the
promotion of a civil servant to a leading post according to relevant provisions.
Article 47
Where a civil servant is assessed as incompetent during the periodical assessment, he shall be demoted to a lower-level post according
to the prescribed procedures.
Chapter VIII Rewards
Article 48
Those civil servants or a collective of civil servants, who have made outstanding working performances, noticeable achievements and
contributions or other outstanding deeds, shall be rewarded. And the awarding shall uphold the principle of combining spiritual rewards
and material rewards with the focus on spiritual rewards.
The rewards for the collective of civil servants shall apply to those institutions as established according to the staffing sequence
or those work collectives as formed to accomplish a special task.
Article 49
A civil servant or a collective of civil servants shall, under any of the following circumstances, be rewarded:
(1)
being loyal to his duties, working actively and having noticeable achievements;
(2)
observing disciplines, being clean-fingered in performing his official duties, working in an upright way, playing an outstanding exemplary
role;
(3)
having any invention or creativity or having raised any reasonable suggestion in work, or having achieved obvious economic benefits
or social benefits;
(4)
having made outstanding contributions to promoting ethic solidarity and safeguarding social stability;
(5)
having made outstanding achievements in cherishing public property and saving state assets;
(6)
having meritorious acts in preventing or eliminating accidents so that the interests of the state and the masses are prevented from
loss or the loss thereof is reduced;
(7)
defying personal danger and making contributions under such special circumstances as rushing to deal with an emergency or providing
disaster relief;
(8)
having made achievements in fighting against any illegal or rule-breaking act;
(9)
having won honors and interests for the state in foreign affairs; or
(10)
having any other outstanding achievement.
Article 50
The rewards are divided into Commendation, Third-grade Merit, Second-grade Merit, First-grade Merit and being conferred an honorary
post_title.
A civil servant who is rewarded or a collective of civil servants which is commended shall be given a one-off bonus or any other treatment.
Article 51
The rewards as conferred to a civil servant or a collective of civil servants shall be decided in light of the prescribed power limit
and procedures, or shall be subject to examination and approval.
Article 52
The reward of a civil servant or a collective of civil servants shall be canceled under any of the following circumstances:
(1)
practicing fraud or cheating to obtain rewards;
(2)
concealing any serious mistake when filing an application for rewards, or severely violating the prescribed procedures; or
(3)
any other circumstance as prescribed by laws or regulations, under which the rewards thereof shall be canceled.
Chapter IX Punishments
Article 53
A civil servant shall observe disciplines and shall not have any of the following acts:
(1)
disseminating any expression that damages the state reputation, organizing or participating in activities such as assembling, procession
and demonstration that aims to oppose the state;
(2)
organizing or participating in any illegal organization, or organizing or participating in any strike;
(3)
neglecting his duties so that the work thereof is bungled;
(4)
refusing to carry out the decision or order as made by the superior thereof;
(5)
suppressing criticism or taking revenge;
(6)
practicing fraud in order to mislead or cheat the leader thereof or the general public;
(7)
being corrupt, giving or accepting bribes, making use of the post to seek personal gains for himself or others;
(8)
violating the financial and economic disciplines and wasting state assets;
(9)
abusing his power to infringe on the legitimate rights and interests of any citizen, legal person or any other organization;
(10)
discovering any state secret or work secret;
(11)
damaging the state reputation or interests in foreign affairs;
(12)
participating in or supporting activities such as eroticism, drug abuse, gambling and superstition, etc.;
(13)
acting against professional ethics or public morality;
(14)
undertaking or participating in any profit-making activity, or holding a concurrent post in an enterprise or any other profit-making
organization;
(15)
being absent from work or in the event of a business trip or a leave, failing to return at expiration of the leave of trip without
any justifiable reason; or
(16)
any other act in violation of disciplines.
Article 54
Where a civil servant, when performing official duties, deems that there is something wrong with the decision or order of his superior,
he may make a suggestion on correcting or canceling the said decision or order. Where the superior refuses to change the decision
or order, or requires immediate performance, the civil servant concerned shall fulfill the decision or order. The superior shall
be responsible for the consequences of the performance of duties, and the civil servant shall not be subject to any liability. However,
where a civil servant fulfills any decision or order that is obviously illegal, he shall be subject to the corresponding liabilities
according to law.
Article 55
In case a civil servant is subject to disciplinary liability due to any illegal act or disciplinary breach, he shall be given a punishment
according to the present Law. For those disciplinary acts with lenient circumstances, he may be immune from punishment after he has
make corrections upon criticism and education.
Article 56
The punishments are divided into warning, demerit, gross demerit, demotion, dismissal from post and expulsion.
Article 57
The punishment upon a civil servant shall be made with the bases of clear facts, irrefutable evidence, accurately determined nature,
proper treatment, legal procedure and complete formalities.
For the discipline breach of a civil servant, the organ that makes the decision on punishment shall carry out an investigation into
the disciplinary breach of the civil servant, and shall notify the civil servant concerned of the fact as acknowledged through investigation
and the basis for the proposed punishment. The civil servant concerned may have rights to state and defend.
Where the organ that makes the decision of punishment deems that a civil servant shall be subject to a punishment, it shall, within
the prescribed time limit, make a decision on punishment in light of the power limit of administration and the prescribed procedure.
The civil servant concerned shall be notified of the decision on punishment in written form.
Article 58
A civil servant may not enjoy any post promotion or rank promotion during the duration of punishment. In particular, the civil servant
who is given a demerit, gross demerit, demotion or dismissal may not enjoy any elevation of wage grade.
The durations of punishments are: 6 months of warning, 12 months of demerit, 18 months of gross demerit, 24 month of demotion/dismissal.
Anyone who is imposed upon punishment of dismissal shall be demoted according to relevant provisions.
Article 59
Where a civil servant who is imposed upon any punishment other than expulsion shows repentance during the duration of punishment and
has committed no more disciplinary breach, the organ that has made the punishment decision shall relieve the punishment at the expiration
of the term of punishment and inform the civil servant concerned in written form.
Where a punishment is relieved, the elevation of wage grade, promotion in rank and post shall no longer be affected by the former
punishment. However, the removal of such punishment as demotion or dismissal shall not be deemed as a renewal of the original rank
or post.
Chapter X Trainings
Article 60
An organ shall, pursuant to the functions and duties of civil servants or the requirements to improve the qualities of civil servants,
conduct categorized and rank-based trainings to civil servants.
The state shall establish special institutions for the training of civil servants. The organs may, when necessary, entrust any other
training institution to carry out trainings for civil servants.
Article 61
The organs shall carry out trainings for those newly-employed civil servants who assume their posts for the first time. Those civil
servants who have been promoted to leading posts shall be given trainings before assuming their posts or within 1 year after assuming
their posts. Those civil servants who are engaged in special work shall be given special trainings. In-service trainings shall be
carried out to all civil servants so as to upgrade their knowledge and improve their working capacities. In particular, those civil
servants taking posts of special technologies shall, in light of the requirements of further education for special technical personnel,
be given special technical trainings.
The state shall reinforce the training for reserve leading personnel in a planned manner.
Article 62
The registration administration shall be carried out in civil servant trainings.
The time for a civil servant to participate in trainings shall be decided by the administrative department of civil servants according
to the provisions of Article 61 of the present Law.
The trainings and academic achievements shall be a kind of content of the civil servant examination and a basis for appointment and
promotion.
Chapter XI Intercommunication and Avoidance
Article 63
The civil servant intercommunication system is adopted by the state.
Civil servants may communicate within the troop of civil servants or may communicate with those personnel undertaking public office
in state-owned enterprises, public institutions, people’s associations or private organizations.
The forms of intercommunication include transferring to another post, changing to another post and working out by assuming a temporary
leading position in an inferior entity.
Article 64
Those personnel, who are engaged in public office of state-owned enterprises, public institutions, people’s associations or private
organizations, may be transferred to the state organs to hold leading posts or non-leading posts above the deputy researcher level,
or hold any other non-leading post at the corresponding level. The person transferred shall satisfy the qualification requirements
of the suggested posts as prescribed in Article 11 of the present Law, and shall not have any circumstance as prescribed in Article
24 of the present Law. The state organ to which such person is transferred shall conduct a strict inspection over the candidates
for deployment, carry out examination and approval in light of the power limit of administration, and, when necessary, conduct an
examination over the candidates for transfer.
Article 65
As for the transfer of a civil servant between different posts , he shall satisfy the qualifications
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General Administration of Quality Supervision, Inspection and Quarantine
Order of the General Administration of Quality Supervision, Inspection and Quarantine
No.77
The Measures for the Re-inspection on Import and Export Commodities, which were deliberated and adopted at the executive meeting of
the General Administration of Quality Supervision, Inspection and Quarantine on May 16, 2005, are hereby promulgated and shall come
into force as of October 1, 2005.
Director General Li Changjiang
June 1, 2005
Measures for the Re-inspection on Import and Export Commodities
Chapter I General Provisions
Article 1
These measures are formulated according to the Law of the People’s Republic of China on Import and Export Commodity Inspection and
its implementation regulations for the purpose of strengthening the work relating to the inspection on import and export commodities,
regulating the re-inspection on import and export commodities and maintaining the lawful rights and interests of all parties involved
in the foreign trade.
Article 2
If an applicant for the inspection on import and export commodities (hereafter referred to as applicant) holds objections to the inspection
results as made by the entry and exit inspection and quarantine authority (hereafter referred to as the inspection and quarantine
authority), he shall apply for re-inspection according to the provisions of laws and regulations.
Article 3
The General Administration of Quality Supervision, Inspection and Quarantine (hereafter referred to as the GAQSIQ) shall uniformly
be responsible for the work relating to the re-inspection of import and export commodities, and the GAQSIQ and the inspection and
quarantine authority in all regions shall be responsible for organizing and implementing the work relating to the re-inspection of
import and export commodities as accepted thereby.
Article 4
The principles of equity, openness and fairness shall be followed in the re-inspection process.
Chapter II Application and Acceptance
Article 5
If an applicant for inspection holds objections to the inspection results as made by the inspection and quarantine organ, he/it may
apply for re-inspection to the inspection and quarantine authority that made the inspection results or the inspection and quarantine
authority at a higher level, even up to the GAQSIQ. The inspection and quarantine authority or the GAQSIQ that accepts the re-inspection
shall be responsible for organizing and implementing the re-inspection.
For a same inspection result, the inspection and quarantine authority or the GAQSIQ shall only conduct the re-inspection for one time.
Article 6
An applicant for re-inspection shall file an application within 15 days from the day of receipt of the inspection results as made
by the a inspection and quarantine authority.
The time limit for application may be suspended if the application for re-inspection cannot be filed due to force majeure or any other
justifiable cause, but shall continue from the day when the cause for suspension is eliminated.
Article 7
An applicant for re-inspection shall ensure (keep) the quantity, weight and quality of commodities remaining the same as they are
first inspected, and keep the packing, sealing and marks thereof intact.
Article 8
An applicant for re-inspection shall fill out an application form for re-inspection (see Annex) according to the facts, provide the
certificates, documents and materials submitted for the original inspection, and the inspection certificate as issued by the original
inspection and quarantine authority.
An applicant for re-inspection shall be responsible for the authenticity and validity of the certificates, documents and materials
submitted.
Article 9
The a inspection and quarantine authority or the GAQSIQ shall carry out the examination of the application for re-inspection within
15 days from the day when receipt an application for re-inspection, and handle it as follows:
(1)
An application for re-inspection which is accordance with these Measures shall be accepted, and a Notice on Acceptance of Re-inspection
Applications shall be issued to the applicant;
(2)
If the content of an application for re-inspection or the certificates, documents and materials as attached is not complete, a Notice
on Supplementing and Correcting Application Materials for Re-inspection shall be issued to the applicant, who shall supplement and
correct it within the time limit. If it fails to do so, it shall be regarded as having withdrawn the application; or
(3)
An application for re-inspection that is not accordance with these Measures may not be accepted, and a Notice on Rejecting Re-inspection
Applications shall be issued and the reasons therefor shall be notified to the applicant in written form.
Article 10
An applicant for re-inspection shall pay re-inspection fees according to legal provisions.
In case the re-inspection results as made by the inspection and quarantine authority or the GAQSIQ that accepts the re-inspection
show that the original inspection and quarantine authority shall be responsible for the re-inspection, the re-inspection fees shall
be borne by the original inspection and quarantine authority.
Chapter III Organization and Implementation
Article 11
After the inspection and quarantine authority or the GAQSIQ accepts the re-inspection, it shall form a re-inspection team within
five days, and notify the name of the members of the re-inspection team to the applicant.
A re-inspection team shall be composed of three or five persons.
Article 12
In case an applicant for re-inspection considers that any member of the re-inspection team has interests with the re-inspection or
there is any other factor that may affect the fairness of the re-inspection, it shall apply to the inspection and quarantine authority
or the GAQSIQ that accepts the re-inspection for the withdrawal of the said member within three days from the day of receipt of
the name list of the re-inspection team, and provide corresponding proof and materials.
The a inspection and quarantine authority or the GAQSIQ that accepts the re-inspection shall make a decision on approving or disapproving
the withdrawal within three days from the day of receipt of the application for withdrawal.
Article 13
The inspection and quarantine authority that makes the original inspection results shall provide the original inspection records
and other relevant materials to the re-inspection team.
An applicant for re-inspection shall be obligated to cooperate with the re-inspection team in the re-inspection process.
Article 14
The re-inspection team shall formulate a re-inspection scheme, and organize and implement it:
(1)
The application form for re-inspection and the relevant certificates, documents and materials as submitted by the applicant shall
be examined. If the conditions for conducting the re-inspection are not met upon examination, the suspension of re-inspection and
the reasons thereof may be notified to the applicant in written form. After the conditions for conducting the re-inspection are improved
and satisfied by the applicant, the re-inspection work shall continue from the day when the conditions are met;
(2)
Examine whether the standards and methods on which the original inspection is based are correct or accordance with the relevant provisions;
(3)
Verify the batches, marks, serial numbers, quality, weight, quantity, package and external conditions of commodities, and the select
samples according to the re-inspection scheme;
(4)
To inspect according to the operational rules; and
(5)
Examine and put forward the re-inspection results, and evaluate the original inspection results.
Article 15
The inspection and quarantine authority or the GAQSIQ which accepts the re-inspection shall make a re-inspection conclusion within
60 days as of the day when the application for re-inspection is accepted. If no re-inspection conclusion can be made within the prescribed
time limit due to complicated technologies therein, the said time limit may be properly extended upon approval of the person-in-charge
of the organ. However, the extension period may not exceed 30 days.
Article 16
An applicant for re-inspection that holds objections to the re-inspection conclusion may apply for the administrative reconsideration
according to law or file an administrative lawsuit according to law.
Article 17
Samples selected during the course of re-inspection shall be properly dealt with according to the relevant provisions on the inspection
samples by the GAQSIQ.
Article 18
Any staff in the GAQSIQ or the inspection and quarantine authority shall strictly abide by the state laws and regulations, and do
a good job in the re-inspection work according to the provisions of present Measures.
Chapter IV Supplementary Provisions
Article 19
In case the consignor of import commodities or the consignee of export commodities holds objections to the inspection conclusion as
made by the inspection and quarantine authority, the present Measures may apply.
Article 20
The power to interpret these Measures shall remain with the GAQSIQ.
Article 21
The present Measures shall come into force as of October 1, 2005, and the Measures for the Re-inspection of Import and Export Commodities
as promulgated by the former General Administration of Quality Supervision, Inspection and Quarantine on June 1, 1993 shall be abolished
simultaneously.
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