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**Standard management methods

2022-09-23View Original

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**Standard Management Measures (Issued by the State Administration for Market Regulation under Order No. 59 on September 9, 2022; effective as of March 1, 2023) Chapter I General Provisions Article 1 These Measures are formulated in accordance with the Standardization Law of the People’s Republic of China in order to strengthen standard management and regulate the formulation, implementation, and supervision of standards.   Article 2 **These Provisions shall apply to the formulation of standards (including proposal submission, approval for initiation, organization of drafting, solicitation of opinions, technical review, external notification, numbering, and approval for issuance), implementation, and supervision.   Article 3: For technical requirements that need to be standardized nationwide in areas such as agriculture, industry, services, and social welfare, **standards (including **standard samples)** can be established, covering the following aspects: (1) General technical terminology, symbols, classifications, codes (including numerical codes), file formats, drawing methods, and other requirements related to common technical language as well as requirements for interoperability ;   (II) General technical requirements for resources, energy, and the environment ;   (III) Technical requirements for general-purpose basic components, basic raw materials, key products, and systems ;   (IV) General test and inspection methods ;   (V) General technical requirements for social management and services, as well as management of production and distribution ;   (VI) General technical requirements for survey, planning, design, construction, and acceptance of engineering projects ;   ( VII ) Technical requirements that serve as a guide for relevant industries ;   (8) **Other technical requirements that need to be standardized.**   Mandatory standards shall be established for the technical requirements aimed at ensuring human health and the safety of life and property, **safety, ecological environment safety, as well as meeting the basic needs of economic and social management.**   Article 4 **Where the technical specifications specified in the standards and the relevant analysis and testing methods require standard samples to ensure their effective implementation, corresponding standard samples shall be developed.** The management of standard samples is carried out in accordance with the relevant regulations of the standardization administrative department under the State Council.   Article 5: Formulating **standards should facilitate economic and trade exchanges, support industrial development, promote scientific and technological progress, standardize social governance, and implement the **strategy.   Article 6: Actively promote the adoption of international standards in line with national conditions. Standards drafted on the basis of international standards shall comply with the copyright policies of the relevant international organizations.   Encourage the simultaneous development of **standards and corresponding international standards, in order to accelerate the adoption and application of international standards.   Article 7: Encourage the simultaneous development of foreign-language versions of standards in areas such as international trade, capacity and equipment cooperation, as well as emerging fields related to global economic governance and sustainable development.   Encourage the simultaneous development of **standard versions in both Chinese and foreign languages.   Article 8 The standardization administrative department under the State Council shall exercise unified supervision over **standard-setting activities, and be responsible for the initiation, numbering, public announcement of mandatory **standards, as well as their approval and issuance upon authorization ; Responsible for the initiation of recommended **standards, organizing their drafting, seeking feedback, conducting technical reviews, assigning numbers to them, and approving their publication.   The relevant administrative departments under the State Council are responsible, in accordance with their duties, for proposing projects related to mandatory **standards, organizing their drafting, seeking opinions, conducting technical reviews, and implementing them.   National professional standardization technical committees (hereinafter referred to as technical committees), which are established by the standardization administration department of the State Council and consist of relevant parties, are entrusted by this department with the task of drafting voluntary **standards, seeking opinions, conducting technical reviews, and carrying out re-evaluations. They are also responsible for providing interpretations regarding such voluntary **standards ; Commissioned by the relevant administrative departments of the State Council, it is responsible for drafting and conducting technical reviews of mandatory **standards ; Responsible for the organization of translation and review of **standard foreign-language versions, as well as the evaluation of implementation status and conduct of research and analysis.   As needed, the standardization administrative department under the State Council may delegate relevant administrative departments of the State Council and relevant industry associations to provide guidance to technical committees on matters such as applying for the establishment of recommended **standards** and submitting such standards for approval.   People’s standardization administrative departments at or above the county level and relevant administrative departments shall, in accordance with their statutory duties, supervise and inspect the implementation of standards.   Article 9: For the formulation and implementation of **standards that involve multiple departments and fields and give rise to significant disputes, the administrative department in charge of standardization under the State Council shall organize consultations; if no agreement is reached, the matter shall be referred to the standardization coordination mechanism of the State Council for resolution.   Article 10 **Standards and their foreign language versions are protected by copyright in accordance with the law; the entity responsible for approving and publishing the standards holds the copyright to them.   Article 11 **Standards generally do not involve patents. **The patents involved in the standard shall be those that are essential for implementing the standard, and their management shall be carried out in accordance with the relevant regulations regarding patents covered by the standard.   Article 12: The formulation of **standards should be based on scientific and technological research as well as practical experience in society. Through methods such as investigation, demonstration, and verification, it is necessary to ensure the scientificity, standardization, applicability, and timeliness of **standards, thereby improving their quality.   The formulation of **standards should be open and transparent, with extensive input from all parties.   Article 13 The standardization administrative department of the State Council shall establish a **standard verification system. As needed, verify the **standard technical requirements, test and inspection methods, etc.**   Article 14: When formulating **standards, it is necessary to ensure coordination and compatibility among the relevant standards.   Article 15: Encouragement is given to the conversion of scientific and technological achievements into **standards. Focusing on **research projects and areas with active market innovation, efforts to advance scientific and technological research and development as well as standard development are carried out simultaneously, in order to improve the speed at which scientific and technological achievements can be transformed into **standards.   Article 16: Group standards that are advanced and exemplary in nature, have yielded good implementation results, and need to be promoted and implemented nationwide may be formulated as ** standards in accordance with procedures.   Article 17: For projects whose technologies are still under development, which require guidance for their development, or which possess standardization value, they may be formulated into **guidance technical documents for standardization. Chapter 2 **Formulation of Standards Article 18 Departments, social organizations, enterprises and institutions, as well as citizens may, in accordance with relevant development plans and the needs of economic and social development, submit proposals for the establishment of standards to the relevant administrative departments under the State Council; they may also submit such proposals directly to the standardization administrative department of the State Council.   Suggestions for establishing recommended **standards can be submitted to the technical committee.   It is encouraged to submit applications for international standards simultaneously when proposing proposals for standard development.   Article 19: Upon receiving a proposal to establish a standard, the standardization administration department under the State Council and the relevant administrative departments of the State Council shall evaluate and assess the necessity and feasibility of such proposal. **For standard proposal submissions, the technical committee can be commissioned to conduct an evaluation.   Article 20: Where a proposal for formulating a mandatory **standard is approved after evaluation, the relevant administrative department under the State Council shall submit an application for its formulation in accordance with its responsibilities.   For recommended **standard development proposals that are approved for initiation after evaluation, the technical committee shall submit an application for approval to the standardization administrative department under the State Council, after having it reviewed by the relevant administrative department or industry association under the State Council. In the absence of a technical committee, the relevant administrative departments of the State Council may, in accordance with their responsibilities, directly submit applications to initiate recommended **standard projects.   The application materials for project approval should include a project proposal and a draft standard. The project proposal should explain the necessity and feasibility of formulating **the standard, the status of domestic and international standards, the degree of consistency with international standards, the main technical requirements, and the schedule, among other things.   Article 21: The standardization administrative department under the State Council organizes **standard-specific evaluation agencies to assess the **standard projects that have applied for approval, and submits evaluation recommendations.   The evaluation generally includes the following: (1) The status of the standard system in this field ;   (II) Standard technical level, industry development status, as well as expected roles and benefits ;   (III) Whether it complies with the provisions of laws and administrative regulations, and whether it is in line with the technical requirements of relevant standards ;   (IV) Comparison and analysis with relevant international and foreign standards ;   (5) Whether it complies with the provisions of Articles 3, 4, and 5 of these Measures.   Article 22: For standard projects intended to be approved, the standardization administrative department of the State Council shall solicit public opinions through the National Standard Information Public Service Platform, with the period for soliciting opinions generally being no less than thirty days. If necessary, written opinions from the relevant administrative departments of the State Council may be sought.   Article 23: In cases where there are significant differences regarding the approval of a project, the standardization administrative department under the State Council may, in conjunction with relevant administrative departments of the State Council and relevant industry associations, organize a technical committee to coordinate on the disputed matters and formulate handling recommendations.   Article 24: If the standardization administrative department of the State Council decides to approve a project, it shall issue a project plan.   If the standardization administrative department of the State Council decides not to approve the project, it shall provide timely feedback and explain the reasons for the refusal.   Article 25: The time period from the issuance of mandatory **standards to the deadline for submitting approval documents shall generally not exceed twenty-four months. For recommended **standards, the period from the issuance of the plan to the deadline for submitting approval documents generally shall not exceed eighteen months.   **If the standards cannot be submitted within the deadline specified in the project plan, an application for an extension must be submitted 30 days in advance. The extension period for mandatory **standards shall not exceed twelve months, while the extension period for recommended **standards shall not exceed six months.   If it is not possible to proceed, the standardization administrative department of the State Council shall terminate the **standard plan.   During the implementation of the **standard plan, the standardization administrative department under the State Council may make adjustments to the content of the **standard plan.   Article 26 The relevant administrative departments or technical committees of the State Council shall organize and implement the work in accordance with the project plan, and promptly carry out the drafting of **standards.   **For standard drafting, a drafting working group with professional expertise and broad representativeness should be established to carry out specific tasks such as research, validation, compilation of the standard, and handling of feedback.   Article 27: The drafting working group shall prepare the **draft standard for comment, the preparation notes, and relevant materials in accordance with the relevant requirements set out in the standards. The preparation notes generally include the following contents: (1) A brief overview of the work, including the source of the task, the background for its development, and the drafting process ;   (II) **Principles for standard formulation, main contents, and the basis for their determination; when revising a standard, it also includes a comparison of the technical content before and after the revision** ;   (III) Analysis and review reports on experimental verification, technical and economic evaluations, as well as the anticipated economic, social, and ecological benefits ;   (IV) Comparison with the technical content of similar international and foreign standards, or comparison with relevant data from foreign samples and prototypes tested ;   (5) The drafting process based on international standards, as well as whether international or foreign standards have been cited or adopted in compliance; explain the reasons for not adopting international standards ;   (VI) Relationship with relevant laws, administrative regulations, and related standards ;   (VII) Process and basis for handling significant divergent opinions ;   (8) Relevant explanations regarding patents ;   (IX) Requirements for implementing **standards, as well as recommendations regarding organizational measures, technical measures, transition periods, and implementation dates ;   (10) Other matters that should be explained.   Article 28 **The draft standard and the preparation notes shall be made available to the public through relevant websites, the National Standard Information Public Service Platform, and other channels to solicit opinions, while opinions shall also be sought from other relevant parties such as the relevant administrative departments of the State Council, enterprises and institutions, social organizations, consumer organizations, and scientific research institutions.   **The period for soliciting public comments on standards is generally no less than 60 days. Mandatory **standards should be made public in accordance with the requirements of the World Trade Organization when seeking feedback.   The relevant administrative departments or technical committees of the State Council shall process the collected opinions to formulate a **draft standard for review.   Article 29: The Technical Committee shall conduct a technical review of the **draft standard in the form of meetings, focusing on the scientific validity, rationality, applicability, and standardization of the technical requirements. The organization and voting of the review meeting shall be carried out in accordance with the relevant provisions of the \"Administrative Measures for National Professional Standardization Technical Committees\".   If a technical committee has not been established, an expert review panel shall be formed to conduct a technical review in the form of a meeting. The members of the review expert group shall be representative, consisting of relevant parties such as producers, operators, users, consumers, and those representing the public interest, with a minimum number of fifteen members. Review experts should be familiar with the technologies and standards in this field. The technical review shall be approved by consensus; if a vote is required, approval requires the consent of more than three-quarters of the members. Drafters shall not undertake technical review tasks.   The review conference shall prepare a minutes of the meeting, which shall be signed by all experts present. The meeting minutes should accurately reflect the review process, including the time and place of the meeting, the agenda, the list of experts, specific review opinions, and the conclusions of the review.   If the technical review is not passed, it shall be revised according to the review comments and submitted for another technical review. If coordination is not possible, an application to terminate the project can be submitted.   Article 30: The Technical Committee shall, based on the review comments, prepare a draft standard for approval, an explanatory document, and a form for handling comments. After being reviewed by the relevant administrative departments of the State Council or industry associations, these documents shall be submitted to the standardization administrative department of the State Council for approval and issuance, or issued upon authorization by the State Council.   Where a technical committee has not been established, the relevant administrative department under the State Council shall, based on the review opinions, prepare a draft standard for approval, an explanatory document, and a form for handling opinions, and submit them to the standardization administrative department under the State Council for approval and issuance, or issue them upon authorization from the State Council.   The materials for approval include: (1) The official document to be submitted ;   (II) **Standard draft for approval ;   (III) Compilation notes ;   (IV) Summary Table for Collecting and Processing Feedback ;   (5) Review meeting minutes ;   (VI) Other materials to be submitted.   Article 31: The standardization administrative department of the State Council entrusts **standard professional evaluation agencies to review the submission materials for **standards. **Standard professional review bodies shall examine the following: (1) Whether the standard-setting procedures, submission materials, and quality of the standard drafting meet the relevant requirements ;   (II) The scientificity and rationality of the standard technical content, the coordination among standards, and the handling of significant differences in opinions ;   (III) Whether it complies with relevant laws, administrative regulations, industrial policies, and provisions on fair competition.   Article 32 Compulsory **standards shall be approved and issued by the State Council or authorized to be approved and issued by it. Recommended **standards are uniformly approved and numbered by the standardization administrative department under the State Council, and issued in the form of announcements.   **The standard code is composed of uppercase Chinese Pinyin letters. Mandatory **standards are denoted by “GB”, recommended **standards are denoted by “GB/T”, and **standard samples are denoted by “GSB”. Guidance technical documents are coded as “GB/Z”.   **The standard number consists of the **standard code**, the **sequence number of the standard’s publication**, and the **year of publication of the standard**. **The serial number of a standard sample is composed of the **standard sample code, classification catalog number, issuance sequence number, replication batch number, and issuance year number.   Article 33: For the standards required in response to sudden emergencies, the time limits for their formulation can be shortened.   Article 34 **Standards shall be published by publishing institutions entrusted by the standardization administrative department of the State Council.   The standardization administrative department of the State Council makes the **standard texts public on the National Standard Information Public Service Platform in accordance with relevant regulations, for the public to consult. Chapter 3 **Implementation and Supervision of Standards Article 35 **A reasonable transition period should be provided between the issuance and implementation of standards.   **Before the implementation of the new standard after its release, enterprises can choose to apply either the old standard or the new one.   Upon the implementation of the new **standard, the original **standard shall be repealed simultaneously.   Article 36 Compulsory **standards must be implemented. Products and services that do not meet mandatory **standards shall not be produced, sold, imported, or provided.   Recommended **standards encourage adoption. In activities such as infrastructure construction, basic public services, social governance, and **procurement, it is encouraged to adopt recommended** standards.   Article 37 **After the standard is issued, standardization administrative departments at all levels, relevant administrative departments, industry associations, and technical committees shall organize** activities to promote and disseminate the standard.   Article 38 **The standards shall be interpreted by the standardization administrative department under the State Council;** the interpretations of the standards have the same legal force as the standard texts themselves. After the explanation is issued, the standardization administrative department of the State Council shall make the text of the explanation public on the National Standard Information Public Service Platform within 20 days as of the date of issuance.   Regarding inquiries on specific technical issues arising during the implementation of **standards, the standardization administration department under the State Council may delegate relevant administrative departments of the State Council, industry associations, or technical committees to provide responses. Relevant responses shall be made public in accordance with the relevant regulations on information disclosure.   Article 39: When developing new products, improving products and services, or carrying out technological upgrades, enterprises and relevant social organizations shall comply with the standardization requirements stipulated in these measures.   Article 40 The standardization administrative department of the State Council shall establish an information feedback mechanism for the implementation of standards and ensure smooth channels for such feedback.   Individuals and organizations are encouraged to submit feedback on issues arising from the implementation of standards as well as suggestions for revisions, through the National Standard Information Public Service Platform.   Standardization administrative departments at all levels, relevant administrative departments, industry associations, and technical committees should collect information on the implementation of relevant **standards in their daily work.   Article 41 The standardization administrative department under the State Council, the relevant administrative departments under the State Council, industry associations, and technical committees shall promptly analyze and process the feedback on **standard implementation information.   Article 42 The standardization administrative department of the State Council shall establish an evaluation mechanism for the effectiveness of standard implementation. The standardization administrative department under the State Council regularly conducts evaluations of the implementation effectiveness of **standards in key areas**, based on the **implementation status of those standards**. **The evaluation of the effectiveness of standard implementation should include the following: (1) The scope of standard implementation ;   (II) Economic, social, and ecological benefits resulting from the implementation of the standards ;   (III) Issues identified during the implementation of the standards and suggestions for revisions.   Article 43 The relevant administrative departments under the State Council, relevant industry associations, or technical committees shall, based on information feedback from implementation, evaluations of the implementation results, as well as the needs of economic, social, and scientific and technological development, conduct **standard reviews, and submit review conclusions regarding whether to maintain the standards in force, revise them, or abolish them, to the administrative department for standardization under the State Council. The review period generally does not exceed five years.   If the review conclusion is to involve revisions, the relevant administrative departments of the State Council, relevant industry associations, or technical committees shall propose the items for revision when submitting the review conclusion.   If the review concludes with a decision to repeal the standard, the standardization administrative department under the State Council shall solicit public opinions through the National Standard Information Public Service Platform, with the consultation period generally being no less than sixty days. If there are no significant differences of opinion or if an agreement is reached through coordination, the standardization administrative department of the State Council shall repeal it by means of a public announcement.   Article 44 **After the standards are issued, if it is necessary to adjust, supplement, or delete certain technical requirements, such changes can be made through amendment sheets. Amendments are proposed by the relevant administrative departments of the State Council, relevant industry associations, or technical committees; after being approved in accordance with the procedures by the standardization administrative department of the State Council, they are issued in the form of announcements. **A revised standard has the same validity as the original standard text. Chapter IV Supplementary Provisions Article 45 Where the \"Administrative Measures for Mandatory ** Standards\" provide separate provisions regarding the formulation, implementation, and supervision of mandatory ** standards, such provisions shall prevail.   Article 46 These measures shall come into force as of March 1, 2023. The \"** Standards Management Measures\" issued by the former ** Bureau of Technical Supervision in Order No. 10 on August 24, 1990, were simultaneously repealed.

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