Decree of the State Council of People’s Republic of China
No.440
The Regulation of the People’s Republic of China for the Administration on Production License of Industrial Products adopted at the
97th executive meeting of the State Council on June 29, 2005, is hereby promulgated and shall enter into effect as of the day of
September 1, 2005.
Premier, Wen Jiabao
July 9, 2005
Regulation of the People’s Republic of China for the Administration on Production License of Industrial Products
Chapter I General Provisions
Article 1
In order to ensure the quality safety of the major industrial products that straightly concern the public safety, physical health,
and safety of life and property, carrying out the state industrial policy, and promoting the healthy and harmonious development
of socialist market economy, this Regulation is formulated.
Article 2
The system of production license for the enterprises, which produce of the important industrial products as follows, shall be implemented:
1.
dairy produce, meat produce, beverages, rice, flour, edible oil, alcohol and other foods, which directly relate to physical health;
2.
electric carpet, pressure cooker, gas-fired water heater, and other products, which may endanger the safety of personal and property;
3.
fiscal cash registers, money detectors, ground receiving facilities of satellite television broadcast, wireless radio and television
transmission equipment and other products concerning the financial safety and the safety and quality of communications;
4.
safety net, safety helmet, construction fastener and other products, which may ensure labor safety;
5.
electric power iron tower, bridge abutment, railway industrial products, water engineering metal structure, hazardous chemicals and
their wrap pages and containers, and other products, which may affect production safety and public security; and
6.
other products subject to the administration of production license required by laws and administrative regulations in the light of
the provisions of this Regulation.
Article 3
The Catalogue of Industrial Products (hereinafter refers to as the Catalogue) subjected to the system of production license by the
state shall be formulated by the competent department of production license for industrial products of the State Council together
with the relevant departments of the State Council, and be promulgated to the public on the basis of the approval of the State Council
after soliciting the opinions of consumers associations and industrial associations of the relevant products.
The system of production license shall not be applicable to the industrial products, which the quality can be effectively ensured
through self-judgment of consumers, self-discipline of enterprises and market competition.
The system of production license shall not be applicable to the industrial products, which the safety of quality can be effectively
ensured through the system of certification and authentication.
The competent department of production license for industrial products of the State Council together with the relevant departments
of the State Council shall timely make evaluation, adjustment and curtailment step by step to the Catalogue , and be announced to
the public after reporting to and being approved by the State Council.
Article 4
This Regulation shall be abided by for the production, sale or, during the business activity, use of the products listed in the Catalogue
within the territory of the People’s Republic of China.
The administration on the import and export of the products that are listed in the Catalogue shall be implemented according to the
laws, administrative regulations and the relevant state provisions.
Article 5
Any enterprise that fails to obtain the production license shall not produce the products listed in the Catalogue. Any entity or individual
may not sell or, during the business activity, use any product of failing to obtain the production license listed in the Catalogue
.
Article 6
The competent department of production license for industrial products of the State Council shall be responsible for the unified administration
on the production license of industrial products nation wide in accordance with this Regulation. The local competent department
for production license of industrial products at or above the county level shall be responsible for the administration on production
license of industrial products within their own administrative districts.
The industrial products subjected to the system of production license for industrial products, shall be administrated by the state
in the unified form of the Catalogue, the examination requirements, the certificate symbols and the supervision and administration.
Article 7
The principle of science and justness, openness and transparency, legitimacy in the procedures and convenient for the public with
high efficiency shall be followed for the administration on production license of industrial products.
Article 8
The competent departments for production license of industrial products at or above the county level and their staff members, inspection
institution and inspectors shall have the obligation to keep confidential for the national secrets and business secrets as they known.
Chapter II Application and Acceptance
Article 9
An enterprise shall meet conditions for obtaining a production license as follows:
1.
the business license have obtained;
2.
the professional technicians qualifies for the products it produces;
3.
the production conditions and means of inspection and quarantine are suitable for the products it produces;
4.
the technical documents and technique documents match the products it produces;
5.
sound and effective quality control system and responsibility system have established;
6.
the products comply with the relevant national standards, industrial standards and requirements for ensuring personal health and safety
of personal and property; and
7.
complying with the provisions of state industrial policy, and having no such circumstance as backward technique, high energy cost,
polluting of environment, or waste of resources, and etc. that are washed out by public proclamation and prohibited from being invested
and constructed by the state.
If there are otherwise provisions by any law or administrative regulation, such provisions shall also be followed with.
Article 10
In accordance with the conditions prescribed in Article 9 of this Regulation, and in light of the different characteristics of industrial
products, the competent department of production license for industrial products of the State Council shall formulate and issue specific
requirements for obtaining the production licenses of the products listed in the Catalogue; if special provisions are necessarily
made for the specific requirements for the production licenses of the products listed in the Catalogue, such provisions shall be
formulated and issued together with the relevant departments of the State Council.
The opinions of the consumers associations and the industrial associations of the relevant products shall be asked for the formulation
of the concrete requirements for the production license of the products listed in the Catalogue.
Article 11
When producing any product that is listed in the Catalogue, the enterprise shall apply for obtaining the production license to the
competent department of production license for industrial products at the local province, autonomous region, and municipality directly
under the Central Government.
If the product, which is being produced by an enterprise, is listed in the Catalogue, the enterprise shall apply for obtaining the
production license within the time as prescribed by the competent department of production license for industrial products of the
State Council.
The application of the enterprise may be brought forward through letter, telegraph, telex, fax, electronic data exchange, email, and
other ways.
Article 12
After receiving the application of an enterprise, the competent department of production license for industrial products at a province,
autonomous region, and municipality directly under the Central Government shall deal with in accordance with the relevant provisions
of the Administrative License Law of the People’s Republic of China.
Article 13
Any condition shall not be appended by the competent department of production license for industrial products at a province, autonomous
region, and municipality directly under the Central Government and any other entity to restrict any enterprise from applying for
the production license.
Chapter III Examination and Decision
Article 14
After accepting the application of an enterprise, the competent department of production license for industrial products at a province,
autonomous region, and municipality directly under the Central Government shall organize to make examination on the enterprise. In
the light of the concrete requirements of the production license for any product listed in the Catalogue, the examination on the
enterprise shall be organized by the competent department of production license for industrial products of the State Council, the
competent department of production license for industrial products at a province, autonomous region, and municipality directly under
the Central Government shall report all the application documents to the competent department of production license for industrial
products of the State Council, within 5 days from the day of accepting the application of the enterprise.
The examination on an enterprise shall be included on-site checking on the enterprise and inspection on the products.
Article 15
Two to four checkers shall be appointed by the competent department of production license for industrial products of the State Council
and the competent department of production license for industrial products at a province, autonomous region, and municipality directly
under the Central Government to make on-site checking on an enterprise, and the enterprise shall cooperate with them.
Article 16
After having passed the examinations organized by the competent department of the State Council in charge of production license for
industrial products of the State Council and obtained the certificate of checkers, the checkers may take charge of the corresponding
checking work.
Article 17
The checkers shall make on-site checking on an enterprise in the light of the conditions as prescribed in Article 9 of this Regulation
and the specific requirements for production license of the products listed in the Catalogue.
When making on-site checking on enterprise, the checkers shall not create difficulties for the enterprise, or seek for or accept property
of the enterprise or figure for other improper benefits.
Article 18
The competent department of production license for industrial products of the State Council and the competent department of production
license for industrial products at a province, autonomous region, and municipality directly under the Central Government shall notify
the result of the on-site checking to the enterprise in written form within 30 days from the day of accepting the application of
an enterprise. If the enterprise does not pass the checking, the reasons shall be explained.
Article 19
If the enterprise has passed on-site checking, the product shall be made inspection in time. If it is necessity to send samples
for inspection, the enterprise shall be notified to send the samples, which are sealed up by the checkers, to the inspection institution
that has the corresponding qualification within 7 days. If it is necessity to make the spot inspection, the checkers shall notify
the inspection institution to make the spot inspection.
Article 20
The inspection institution shall make inspection on products in the light of the relevant national standard and requirements, and
complete the inspection work within the prescribed time.
The inspection institution and inspectors shall remove inspection reports objectively, justly and timely. After being signed by the
inspectors, the inspection report shall be signed by the person who is in charge of the inspection institution. The inspection institution
and the inspectors shall be responsible for the inspection report.
Article 21
When making inspection on product, the inspection institution and the inspectors shall keep to the principle of good faith and convenience
for enterprises to provide reliable and convenient inspection service for enterprises, and shall not delay or create difficulties
for enterprises.
Article 22
Inspection institutions or inspectors may not engage in production and sales activities, which relate to the product listed in the
Catalogue under their inspection, or recommend or supervise the manufacture or the sale of any product listed in the Catalogue under
their inspection in their name.
Article 23
If the examination on an enterprise is under the control of the competent department of production license for industrial products
at a province, autonomous region, and municipality directly under the Central Government, the said department shall submit the examination
opinions and all the application documents to the competent department of production license for industrial products of the State
Council after completing the examination,.
Article 24
The competent department of production license for industrial products of the State Council shall make a decision on whether to grant
license or not within 60 days from the day of accepting the application of an enterprise. If a decision is made on granting a license,
the Certificate of Production License for Industrial Products (hereinafter refers to as the License Certificate) shall be promulgated
to the enterprise within 10 days from the day of making the decision; if a decision is made on that no license is been granting,
the enterprise shall be notified in written forms and given an explanation for the reasons.
The time needed for conducting inspection on product by an inspection institution shall not be calculated into the time limit as prescribed
in the preceding item.
The decision made by The competent department of production license for industrial products of the State Council, which the license
to the relevant products shall be granted, shall be reported to the department of development and reform of the State Council, the
competent department of public health of the State Council, the administrative department for industry and commerce of the State
Council and other relevant departments.
Article 25
The period of validity of a production license is five years, but the period of validity of the production license for food processing
enterprises is three years. If the enterprise continues to produce at the expiry of the period of validity of a production license,
, the enterprise shall apply for changing the license to the competent department of production license for industrial products at
the local province, autonomous region, and municipality directly under the Central Government six months before the expiration of
the period of the validity of the production license. The competent department of production license for industrial products of the
State Council or the competent department of production license for industrial products at the province, autonomous region, and municipality
directly under the Central Government shall make examination on the enterprise in the light of the procedures as prescribed by this
Regulation.
Article 26
If there occurs any change in the relevant standards and requirements for the product in the period of validity of a production license,
the competent department of production license for industrial products of the State Council or the competent department of production
license for industrial products at a province, autonomous region, and municipality directly under the Central Government may organize
the checking and inspection once again in accordance with the provisions of this Regulation.
Within the period of validity of a production license, there is change in the production conditions, inspection means, production
technology or technique of the enterprise, an application shall be filed by the enterprise to the competent department of production
license for industrial products at the local province, autonomous region, and municipality directly under the Central Government,
the competent department of production license for industrial products of the State Council or the competent department of production
license for industrial products at the province, autonomous region, and municipality directly under the Central Government shall
organize the checking and inspection once again in the light of the provisions of this Regulation.
Article 27
The competent department of production license for industrial products of the State Council shall, for any major licensing matter
concerning public interests that needs a hearing, announce to the public and hold a hearing.
The competent department of production license for industrial products of the State Council shall announce to the public the decision
on granting the license.
The relevant materials on handling production license shall be filed by the competent department of production license for industrial
products of the State Council and the competent department of production license for industrial products at a province, autonomous
region, and municipality directly under the Central Government in time, and the public shall have the right to consult.
Chapter IV Certificate and Symbols
Article 28
The License Certificate shall include an original and a duplicate copy, specifying the name and domicile of the enterprise, production
address, and name of the product, serial number of the Certificate, date of issuance of the Certificate, period of validity, and
other relevant contents.
The format of the License Certificate shall be followed the provisions of the competent department of production license for industrial
products of the State Council.
Article 29
If the name of an enterprise changes , the enterprise shall apply for to the competent department of production license for industrial
products at the local province, autonomous region, and municipality directly under the Central Government in time, and transact alteration
formalities.
Article 30
The License Certificate shall be taken care of by an enterprise, if the License Certificate is lost or damaged, the enterprise shall
apply for an replacement, and the competent department of production license for industrial products at the local province, autonomous
region, and municipality directly under the Central Government shall accept the application in time and handle the formalities for
an replacement.
Article 31
If enterprise does not engage in the production of product listed in the Catalogue anymore within the period of validity of the production
license, the formalities for revoking the production license shall be transacted. If the enterprise does not transact the formalities
for revoking the production license, the competent department of production license for industrial products of the State Council
shall revoke its production license and issue an announcement to the public.
Article 32
The symbols and format of a production license shall be formulated and promulgated by the competent department of production license
for industrial products of the State Council.
Article 33
An enterprise shall label the symbol and serial number of the production license on its product or the packaging and specifications.
For the food without package and other non-packed products, which are difficult to label symbols in accordance with the characteristics
of the product, the symbol and serial number of the production license may not be labeled.
Article 34
The symbol and serial number of the production license for the product shall be checked by the enterprise, which sells or during the
business activity uses any product listed in the Catalogue.
Article 35
Any entity or individual may not forge or alter License Certificate or symbol and serial number of the production license. The enterprise
that has obtained the production license shall not lease, lend or transfer in other forms the License Certificate and the symbol
of the production license.
Chapter V Supervision and Inspection
Article 36
The competent department of production license for industrial products of the State Council and the local competent department of
production license for industrial products at or above the county level shall be taken the charge of making supervision and inspection
on the enterprises engaging in the production of the products listed in the Catalogue and the checkers, inspection institution and
the relevant activities of the inspectors in the light of the provisions of this Regulation.
The competent department of production license for industrial products of the State Council shall conduct supervision the local competent
department of production license for industrial products at or above the county level on their management work of production license
Article 37
In accordance with the proof of illegal suspicion having been obtained or the offense report, the local competent department of production
license for industrial products at or above the county level shall make investigation and punishment on acts being suspected of violating
this Regulation and perform the authority functions as follows:
1.
inquiring of the entity involving in the production, sale and during the business activity use the products listed in the Catalogue
, and the legal person, person in charge of the inspection institution and other relevant personnel about the relevant circumstances
on acts suspected of violating this Regulation;
2.
consulting or photocopying the relevant contracts, invoices, account books and other relevant materials of the entity that produce
, sale or during business activities use the products listed in the Catalogue and of the inspection institution; and
3.
Sealing up or detaining the products listed in the Catalogue which are produced , sale or during business activities used in violation
of this Regulation as indicated by proof.
The administrative department of industry and commerce at or above the county level may also use the functions as prescribed in the
preceding items when making investigation into act suspected of breaking the provisions of this Regulation according to law.
Article 38
The stability and conformity of the product quality shall be ensured and reports shall be submitted periodically to the local competent
department of production license for industrial products at a province, autonomous region, and municipality directly under the Central
Government. The enterprise shall be responsible for the authenticity of the reports.
Article 39
The competent department of production license for industrial products of the State Council and the local competent department of
production license for industrial products at or above the county level shall make supervision and inspection on enterprises periodically
or aperiodically. If there is necessity to make inspection on the products, it shall carry out the inspection in the light of the
relevant provisions of the Product Quality Law of the People’s Republic of China.
When conducting supervision and inspection or making inspection on any product, two or more staff members shall take part in and show
their effective certificates.
Article 40
When conducting supervision and inspection on any enterprise, the competent department of production license for industrial products
of the State Council and the local competent department of production license for industrial products at or above the county level
shall not obstruct the ordinary production and management activities of the enterprise, or seek for or receive any property of the
enterprise or figure for other benefits.
Article 41
The competent department of production license for industrial products of the State Council and the local competent department of
production license for industrial products at or above the county level shall, when conducting supervision and inspection on any
enterprise in accordance with law, record the conditions of supervision and inspection and the handling result, and put them on archives
after having them signed by the supervisors and inspectors. The general public shall have the right to consult the supervision and
inspection record.
Article 42
The competent department of production license for industrial products of the State Council shall, by ways of consulting the inspection
report, inspection conclusions and comparison, and etc., conduct supervision and inspection on the inspection process and report
of an inspection institution whether they are made objectively, justly and timely.
Article 43
In case any checker, inspection institution and any of its inspectors creates any difficulty for any enterprise, the enterprise shall
have the right to complain to the competent department of production license for industrial products of the State Council and the
local competent department of production license for industrial products at or above the county level. The competent department of
production license for industrial products of the State Council and the local competent department of production license for industrial
products at or above the county level shall make investigation and handling in time after receiving the complaint.
Article 44
Any entity or individual shall, for any act in violation of this Regulation, have the right to report to the competent department
of production license for industrial products of the State Council and the local competent department of production license for industrial
products at or above the county level. The said departments shall make investigation and handling in time after receiving the report
and keep secrets for the person making the report.
Chapter VI Legal Liabilities
Article 45
In case any enterprise produces any product listed in the Catalogue without applying for obtaining the production license in the light
of this Regulation, the competent department of production license for industrial products shall order it to stop production, confiscate
the illegally produced products, and impose a fine equal to the amount of and less than three times the value of the illegally produced
products; and the illegal gains shall be confiscated, if any; if a crime is constituted, it shall be subject to criminal liabilities
in accordance with law.
Article 46
In case there is any change in the production conditions, inspection means, production technology or technique of any enterprise that
has obtained production license, if the enterprise fails to go through formalities for reexamination in the light of the provisions
of this Regulation, it shall be ordered to stop production and sale, be confiscated of the products illegally produced or sold, and
go through the relevant formalities within a prescribed time limit; if the enterprise still fails to go through the formalities within
the time limit, a fine of less than three times the amount of the goods value of the products illegally produced or sold (including
the products having been sold and the unsold products, the same hereinafter) shall be imposed; and the illegal gains shall be confiscated,
if any; if a crime is constituted, the enterprise shall be subject to criminal liabilities in accordance with law.
In case there is any change in the name of an enterprise that has obtained production license, and the enterprise fails to go through
the alteration formalities in accordance with the provisions of this Regulation, it shall be ordered to go through the relevant formalities
within a prescribed time limit; if it still fails to go through the formalities within the time limit, it shall be ordered to stop
production and sale, be confiscated of the products illegally produced or sold, and imposed upon a fine less than or equal to the
amount of value of the goods illegally produced and sold; and the illegal gains shall be confiscated, if any.
Article 47
In case any enterprise that has obtained the production license fails to label the symbol and serial number of production license
on the product, its packaging or specifications in the light of the provisions of this Regulation, it shall be ordered to correct
within a prescribed time limit; if it still fails to correct within the time limit, it shall be imposed upon a fine of less than
30% of the amount of the value of the products illegally produced or sold; and the illegal gains shall be confiscated, if any; if
the circumstance is serious, the production license shall be revoked.
Article 48
In case any enterprise sells or during the business activity uses any products of not obtaining production license listed in the Catalogue,
it shall be ordered to correct, and be imposed upon a fine ranging from RMB 50, 000 to 200, 000 Yuan; and the illegal gains shall
be confiscated, if any; if a crime is constituted, it shall be subject to criminal liabilities in accordance with law.
Article 49
In case any enterprise that has obtained the production license leases, lends or transfers its License Certificate, symbol and serial
number of production license, it shall be ordered to correct within a prescribed time limit, and imposed upon a fine of less than
RMB 200, 000 Yuan; if the circumstance is serious, its production license shall be revoked. In case any enterprise illegally accepts
and uses the License Certificate and the symbol and serial number of the production license provided by others, it shall be ordered
to stop production and sale, confiscated of the illegally produced or sold products, and imposed upon a fine equal to but less than
three times the value of products illegally produced or sold; and the illegal gains shall be confiscated, if any; if a crime is constituted,
it shall be subject to criminal liabilities in accordance with law.
Article 50
In case any one puts to use, exchanges, transfers or damages any property being sealed up and detained, it shall be ordered to correct
and imposed upon a fine of more than 5%, less than 20% of the value of the property being put to use, exchanged, transferred or damaged;
if it refuses to correct, it shall be imposed upon a fine of one time up to three times of the value of the property being put to
use, exchanged, transferred or damaged.
Article 51
In case any enterprise forges or alters the License Certificate or the symbol or serial number of the production license, it shall
be ordered to correct, confiscated of the illegally produced or sold products, and imposed upon a fine equal to but less than 3 times
the value of the products illegally produced or sold; and the illegal gains shall be confiscated, if any; if a crime is constituted,
it shall be subject to criminal liabilities in accordance with law.
Article 52
In case any enterprise obtains any production license by cheating or bribery or other illicit means, the competent department of production
license for industrial products shall impose upon it a fine less than RMB 200,000 Yuan, and make handling in accordance with the
relevant provisions of the Administrative License Law of the People’s Republic of China.
Article 53
In case any enterprise that has obtained production license fails to
