Solicit opinions! Measures for Promoting Enterprise Standardization
On November 24th, the State Administration for Market Regulation solicited public opinions on the "Measures for Promoting Enterprise Standardization (Revised Draft for Comments)" through the official website of the Ministry of Justice and the Chinese Government Legal Information Network. The relevant content is now forwarded for reference by standardization authors in practice.
Measures for Promoting Enterprise Standardization (Draft for Comments)
Chapter 1 General Provisions
Article 1 [Purpose] In order to guide enterprises to strengthen standardization work, improve standardization level, enhance product and service quality, and promote high-quality development, this method is formulated in accordance with the Standardization Law of the People's Republic of China.
Article 2 [Scope of Application] This Measures shall apply to the formulation of enterprise standards, self declaration and public disclosure, as well as the promotion and service, supervision and management of enterprise standardization.
Article 3 [Basic Principles] Enterprise standardization work should adhere to the principles of enterprise subjectivity, government guidance, innovation driven, and quality improvement.
Article 4: The state implements a system of self declaration and supervision for enterprise standards.
The products produced and services provided by enterprises shall comply with the technical requirements of the enterprise's public standards.
Article 5 [Basic Tasks] The basic task of enterprise standardization work is to implement national standardization laws, regulations, standardization outlines, plans, and policies; Promote the application of standardized methods in production, operation, and management; Implement and participate in the formulation of national standards, industry standards, local standards, and group standards, and provide feedback on the implementation of standards; Develop and implement enterprise standards; Participate in the formulation of international standards; Establish a sound standardization management system, equip full-time and part-time standardization personnel, improve the enterprise standard system, continuously improve the implementation of standards and related standardization technical activities.
Enterprises should establish a standardization work system, carry out standardization publicity and training, enhance standardization capabilities, guide all employees to consciously participate in the implementation of standards, and conduct internal supervision of the implementation of standards.
Article 6: [Standard Innovation] Establish a standard innovation oriented enterprise system. Encourage enterprises to build a technology, patent, and standard linkage innovation system.
Article 7 [Departmental Tasks] The standardization administrative departments and relevant administrative departments of the people's governments at or above the county level shall, in accordance with their respective responsibilities, strengthen guidance and supervision of enterprise standardization work, improve policy measures, and form a working mechanism for joint promotion.
Chapter 2 Standard Formulation
Article 8: Enterprises shall produce products and provide services in accordance with standards.
Mandatory standards must be implemented. Encourage enterprises to implement recommended standards. If there are no relevant standards, enterprises should develop enterprise standards.
Article 9 [Principles for Formulating] The formulation of enterprise standards shall comply with national laws, regulations, and mandatory standard requirements.
The formulation of enterprise standards should improve economic, social, and ecological benefits, and achieve technological advancement and economic rationality.
Encourage enterprises to benchmark international standards and advanced standards at home and abroad, based on innovative technological achievements and good practical experience, develop enterprise standards higher than recommended standards, and support the improvement of product quality and service level.
Article 10: When formulating standards, enterprises shall comply with the intellectual property policies of relevant reference or cited materials.
Those who refer to or cite international and foreign standards shall comply with the copyright policies involved in the relevant standards.
Article 11: Joint formulation of enterprise standards: Encourage enterprises to integrate industrial chain, supply chain, and innovation chain resources and jointly formulate enterprise standards.
Prohibit the use of standards to implement behaviors that impede the free flow of goods and services and exclude or restrict market competition.
Article 12 [Test Methods] The product or service standards formulated by enterprises shall specify the test methods or inspection methods.
The testing or inspection methods shall refer to the corresponding national standards, industry standards, local standards or international standards. If there are no corresponding national standards, industry standards, local standards or international standards, the enterprise may formulate its own testing or inspection methods. The testing or inspection methods independently developed by enterprises should be scientific, reasonable, accurate, and reliable.
Article 13: [Numbering Rules] The enterprise standards implemented by enterprises in providing products or services shall be numbered according to unified rules. The numbering sequence consists of the enterprise standard code, enterprise code, sequence number, and year number, as follows:
The enterprise code can be composed of Chinese Pinyin letters, Arabic numerals, or a combination of both.
Enterprise standards jointly developed with other enterprises shall be numbered and published in the form of enterprise standards.
Chapter 3 Self Declaration Disclosure
Article 14 [Self declaration and Disclosure] Enterprises shall declare and disclose the numbers and names of mandatory standards, recommended standards, group standards, or enterprise standards that they implement in providing products or services. Enterprises that implement self formulated or jointly formulated enterprise standards shall publicly disclose the functional indicators and performance indicators of their products and services. Without involving trade secrets, the testing or inspection methods related to functional and performance indicators should also be made public.
If the enterprise's disclosed functional indicators and performance indicators are less than or the technical requirements are lower than the recommended standards, it shall be clearly stated when the self-declaration is made public.
Article 15 [Subject and Time of Self-declaration Disclosure] Before providing products or services, an enterprise shall make self-declaration disclosure of information on the standards implemented in providing products or services. For products or services commissioned for processing and production, the entrusting party shall complete the self-declaration and disclosure of the implementation standard information.
When the implementation standards of the enterprise change, the contents of the self declaration shall be updated.
Article 16 [channels for self-declaration disclosure] enterprises are encouraged to make self-declaration public through the national unified public service platform for enterprise standard information.
If self-declaration is made public through other channels, the public channels shall be clearly indicated on the national unified enterprise standard information public service platform, and the information disclosed by the self-declaration shall be ensured to be accessible, traceable and tamper-proof.
Chapter IV Promotion and Services
Article 17 [Enhancing the ability to participate in the formulation of rules] The standardization administrative department at or above the county level shall support enterprises to undertake or participate in professional standardization technical organizations, and encourage enterprises to participate in the formulation of national standards, industry standards, local standards or group standards.
Article 18 [Implementation Information Feedback] The State encourages enterprises to carry out evaluation of the implementation effect of standards and provide effective feedback on the implementation information of national standards through the national standard basic public service information platform.
Article 19 [Pilot Demonstration] The standardization administrative department at or above the county level shall support enterprises to carry out the construction of standardization pilot demonstration projects and the creation of good standardization behaviors of enterprises, and establish a benchmark for industry development.
Article 20 ["leader" system] the state implements the "leader" system of enterprise standards, and promotes enterprise standards with independent innovation technology, advanced technology and good implementation benefits to become the leader of the industry.
Article 21 [Financing Credit System] The State implements a standard financing credit system. Encourage social capital to establish special funds to support enterprise standard innovation in a market-oriented manner, encourage and support financial institutions to provide credit support to enterprises with a high level of standardization, and support qualified enterprises to carry out standard transactions, standard pledges and other activities.
Article 22 The State encourages enterprises to continuously carry out benchmarking activities against international standards and advanced foreign standards.
Article 23 [International Standardization Services] The standardization administrative department of the State Council and relevant departments support enterprises to participate in international standardization exchanges and cooperation, and encourage enterprises to undertake or participate in international standardization technical organizations and participate in the formulation of international standards.
Article 24 [Key Project Support Policy] In the application of engineering construction, technological transformation, scientific research, financial support, etc., relevant departments are encouraged to use the level of enterprise standards formulated by enterprises based on independent innovation achievements as an important evaluation indicator.
Article 25 [Standardization Service Industry] The State encourages enterprises, institutions of higher learning, scientific research institutions and social organizations to carry out standardization professional and technical services, improve the socialization and marketization level of standardization services, and serve the standardization work of enterprises.
Article 26 [Talent Training] The State encourages institutions of higher learning, scientific research institutions and other units to set up standardized courses or specialties, and strengthens the education of standardized talents in enterprises.
The administrative departments in charge of standardization and the relevant administrative departments of the people's governments at or above the county level shall guide and help enterprises to improve the mechanism for training talents for standardization.
Promote enterprise standardization professional and skilled personnel to work with certificates, support enterprises to explore the establishment of standardization operation specialist mechanism, and continuously improve the level of enterprise standardization. Support enterprises in joint colleges and universities, scientific research institutions to carry out standardized vocational skills level training, to create standardized skills training base.
Article 27 [reward policy] the administrative departments in charge of standardization and relevant administrative departments of the people's governments at or above the county level may, in accordance with the relevant provisions, increase the reward for enterprises with independent innovation technology, play a leading and exemplary role, and produce obvious economic and social benefits. Support the inclusion of advanced enterprise standards in the scope of science and technology awards.
Enterprises and individuals that have made outstanding achievements in standardization work shall be commended and rewarded in accordance with relevant regulations.
Chapter V Supervision and Administration
Article 28 [Supervision and Inspection] The standardization administrative departments and relevant departments of the people's governments at or above the county level shall use "double random, one open" supervision as the basic means to supervise and inspect the standards implemented by enterprises in providing products or services in accordance with the law.
Special supervision and inspection can be carried out in accordance with the law for special key areas.
Article 29 [Handling of Violations] If an enterprise refuses to provide or provides false information during supervision and inspection, and the circumstances are serious, it shall be notified or announced, and its violations shall be included in the enterprise's credit record.
Article 30 [Undisclosed Treatment] If an enterprise fails to disclose the standards for the implementation of its products and services, the administrative department of standardization of the people's government at or above the county level shall order it to make corrections within a time limit. If the correction is not made within the time limit, it shall be publicized on the public service platform of enterprise standard information, and its violation shall be included in the enterprise credit record.
Article 31 [Administrative Measures 1] If the enterprise standards formulated by the enterprise do not conform to the provisions of Article 9, paragraph 1, Article 9, paragraph 2, Article 12 and Article 13 of the Measures, the standardization administrative department shall order it to make corrections within a time limit; if it fails to make corrections within the time limit, the standardization administrative department of the people's government at or above the provincial level shall abolish the enterprise standards and publicize them on the public service platform of enterprise standard information, and its violations into the enterprise credit record.
Article 32 [Administrative Measures 2] If an enterprise's self-declaration does not comply with the provisions of Articles 14, 15, and 16 of these Measures, the administrative department in charge of standardization shall order it to make corrections within a time limit; if it fails to make corrections within the time limit, It shall be publicized on the public service platform of enterprise standard information, and its violations shall be included in the enterprise credit record.
Article 33 [Warning and Interviews] If it is found during the inspection that the enterprise has other problems in the development of standards, self-declaration disclosure, etc., it can be urged to rectify by sending warning letters, interviews, etc.; the enterprise refuses to cooperate If it is, the standardization administrative department of the people's government at or above the county level shall order it to make corrections within a time limit. If the rectification is not made within the time limit, it shall be notified by the standardization administrative department of the people's government at or above the provincial level and publicized on the enterprise information public service platform.
Chapter VI Supplementary Provisions
Article 34 [Exceptions] Where laws and administrative regulations provide otherwise for enterprise standardization, they shall be implemented in accordance with their provisions.
Article 35 [Effective Time] These Measures shall come into force as of XX, XX, XXXX. The Measures for the Administration of Enterprise Standardization promulgated by Order No. 13 of the former State Bureau of Technical Supervision on August 24, 1990 shall be repealed at the same time.
Drafting Notes on the Measures for the Promotion of Enterprise Standardization (Draft for Comment)
1. background
On January 1, 2018, the newly revised the People's Republic of China Standardization Law (hereinafter referred to as the Standardization Law) was formally implemented. In terms of enterprise standardization, the filing management of enterprise standards was canceled, and the establishment of a self-declaration and supervision system for enterprise standards was proposed. And other new regulations. The current "Enterprise Standardization Management Measures" was issued in 1990 and has been implemented for more than 30 years. It can no longer meet the new requirements of the "Standardization Law" and the new needs of the current enterprise standardization work. It is urgent to revise it.
In January 2019, the Standard Innovation Management Department of the General Administration of Market Supervision took the lead and officially launched the revision of the "Enterprise Standardization Management Measures. In the process of formulation, we conscientiously implemented the spirit of deepening the reform of standardization work of the CPC Central Committee and the State Council, implemented the requirements of "release, management and service", and in line with the principle of liberalizing and invigorating enterprise standards and serving the development of enterprises, the "measures for the Management of Enterprise Standardization" was renamed the "measures for the Promotion of Enterprise Standardization (draft for soliciting opinions)" (hereinafter referred to as the "draft for soliciting opinions").
2. revision ideas
This revision adheres to the main body of the enterprise and market driven, protects and stimulates the vitality of the main body of the market, enhances the endogenous driving force of enterprise standardization work, gives full play to the basic and leading role of standardization in promoting scientific and technological innovation and competitiveness of enterprises, clarifies the basic tasks of enterprise standardization work, puts forward the basic requirements for enterprises to carry out standardization work, and guides enterprises to strengthen standardization work, Improve the quality of products and services, and promote the high-quality of enterprises. Clarify the requirements of government departments for supervision, management and service to promote enterprise standardization work, and create a good environment for marketization, legalization and internationalization of enterprise standardization work.
3、 Main content
The draft for soliciting opinions includes general principles, standard formulation, self-declaration disclosure, promotion and service, supervision and management, and supplementary provisions, with a total of 6 chapters and 35 articles. The main contents are as follows:
General (I). This chapter puts forward the legislative purpose, the scope of application, the basic principles, the basic tasks of enterprise standardization, and the tasks of the government departments in charge of promoting the development of enterprise standardization.
(II) standard setting. This chapter regulates and requires the development of enterprise standards. It specifies the principle, number and test method requirements of enterprise standard formulation.
(III) self-declaration public. This chapter puts forward the requirements of enterprise standard self-declaration disclosure content, disclosure subject and time, and disclosure channels.
(IV) promotion and service. This chapter puts forward the requirements of promoting enterprise standardization work and providing service guarantee for enterprise standardization work.
(V) supervision and management. This chapter stipulates the scope, method, content and disposal measures of enterprise standard supervision and inspection.
(VI) by-laws. Requirements for exceptions, effective time.
Information source: Shandong Provincial Administration for Market Regulation
