The core issues to be addressed in the revision of the Standardization Law

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Standards determine quality; the quality is determined by the standards in place, and only high standards can lead to high quality. Who sets the standards holds the power to speak ； Whoever controls the standards holds the upper hand. On November 4, the 30th meeting of the 12th Ren Da Congress adopted the newly revised Standardization Law. The new Standardization Law came into effect on January 1, 2018. The Standardization Law is the fundamental law governing standardization work in our country. The release of the newly revised Standardization Law has drawn significant attention from all sectors, and the quality inspection sector has also seen a surge in efforts to study and promote the new version of this law. “Quality Inspection Lecture Hall – Learning and Promoting the Implementation of the Standardization Law of the People’s Republic of China: Gan Cangchun, Deputy Director of the Legislative Affairs Office of the State Council, was invited to give a specialized lecture for the quality inspection sector, addressing several issues related to the revision of the Standardization Law. Below are a brief summary of the key points from that lecture. 1. The revision of the Standardization Law is a process that combines legislative decisions with reform measures. The revision process was based on reform plans and aimed at solving practical problems. The Standardization Law of the People’s Republic of China was enacted in 1988 and has been in effect for nearly 30 years. The Standardization Law is a fundamental law governing standardization work in China. The 1988 version of this law, which has been in effect for nearly 30 years, has made significant contributions to **economic and social life. With the development of China’s national economy and social undertakings, socialism with Chinese characteristics has entered a new era. The main contradiction in Chinese society has transformed into one between the people’s ever-growing needs for a better life and the unbalanced and inadequate development. The standard system and management measures established by the Standardization Law implemented in 1989 can no longer fully meet practical needs: 1. The scope of standards is too narrow, being limited mainly to industrial products, engineering construction, and environmental protection requirements, and it is difficult to satisfy the demands for improving economic efficiency and quality ； 2. The entities responsible for formulating mandatory standards are scattered, the scope is too broad, and there are overlaps and contradictions in the content, which hinders the establishment of a unified market system ； 3. The standard system is not reasonable enough; there are too many entities that play a leading role in standard-setting, and restrictions on standard-setting by market entities such as associations and enterprises are too strict, resulting in an insufficient supply of effective standards ； 4. The standardized working mechanisms are not well-developed, which hinders the improvement of the efficiency of standardized management and makes it difficult to strengthen supervision during and after events occur. Standards are relevant to all aspects of socioeconomic life, and standardization plays a very important fundamental role in the country’s economy and people’s well-being. At the 30th meeting of the 12th Ren Da Conference, the newly revised Standardization Law was approved by a vote on November 4. The new standardization law will come into effect on January 1, 2018, and it is of great significance for improving the quality of products and services, promoting scientific and technological progress, and enhancing the level of economic and social development. II. Guiding principles for the revision of the Standardization Law 1. Meet the new requirements of economic and social development by continuously expanding the scope of standards, so as to fulfill the people’s aspirations for a better life. The newly revised Standardization Law specifies that in all fields such as agriculture, industry, services, and social welfare, where unified technical requirements are needed, standards must be established. This enables a better fulfillment of the people’s needs for a better life, allowing standards to play a role in meeting their aspirations and pursuits for such a life. 2. Promote technological progress and innovation to meet the needs of building a strong country in terms of quality and innovation, while unleashing the vitality of market entities. (1) Standards are a **quality infrastructure that plays a leading and supportive role in driving supply-side reforms and quality improvement, as well as in fostering high-quality socioeconomic development. Standardization has penetrated every aspect of life. It serves as a lever and foundation for improving the quality of products and services, building a country renowned for its quality standards, enhancing the level of economic and social development, and supporting the economic and social transformation and upgrading of China. (2) Standards also serve as a bridge and link to promote technological progress and the transformation of innovative achievements; they can accelerate the process of marketization and industrialization, and drive the development and growth of new business forms and models. (3) The revision of the new Standardization Law this time has established a new standard system that coordinates standards with market standards, enabling better utilization of the vitality of market entities and increasing the effective supply of standards. Article 18: **Social organizations such as associations, societies, chambers of commerce, federations, and industry-technology alliances are encouraged to coordinate with relevant market entities to develop group standards that meet the needs of the market and innovation. These standards may be adopted by the members of such organizations, or they may be made available for voluntary adoption by the public in accordance with the rules set by the organizations. Formulating group standards should adhere to the principles of openness, transparency, and fairness, ensuring that all participating parties have access to relevant information and that the common needs of these parties are reflected. It is also necessary to conduct investigations, analyses, experiments, and evaluations regarding matters related to the standards. The standardization administrative department of the State Council, in conjunction with the relevant administrative departments of the State Council, regulates, guides, and supervises the development of group standards. Article 19: Enterprises may formulate their own enterprise standards as needed, or jointly develop such standards with other enterprises. Article 20 **Support the development of group standards and enterprise standards using independently innovated technologies in key industries, strategically emerging industries, and critical common technologies. 3. Encourage participation in international standardization competitions to meet the needs of our country’s involvement in global governance and secure a voice in these processes. Standards are the universal language of the world and a pass for international trade. International standards serve as an important technical foundation for the development of global governance systems and economic and trade cooperation. The world needs coordinated standardization, as standards facilitate connectivity across the globe. The role of standardization in facilitating international economic and trade exchanges, technological exchanges, capacity cooperation, and other areas is becoming increasingly prominent. The newly revised Standardization Law proposes for the first time **to actively promote participation in international standardization activities, as well as carry out foreign cooperation and exchanges in standardization. In particular, Chinese enterprises, social organizations, and education and research institutions should be encouraged to actively participate in international standardization activities, as well as to take part in the development of international standards, in order to promote the mutual conversion and application between Chinese standards and foreign standards. In the past, we placed more emphasis on adopting international standards. Now, with the development of China’s economy and society, on the one hand we need to adopt international standards while taking into account China’s national conditions; on the other hand, we must promote the transformation of Chinese standards into international standards and facilitate their adoption and use on the global stage, using standardization efforts to support China’s greater degree of opening up to the outside world. Article 8: **Actively promote participation in international standardization activities, carry out foreign cooperation and exchanges in standardization, participate in the development of international standards, adopt international standards in light of national conditions, and facilitate the conversion and application of Chinese standards and foreign standards.** **Encourage enterprises, social organizations, educational and research institutions, etc. to participate in international standardization activities. III. Core issues to be addressed in the revision of the Standardization Law: Resolving the balance between vitality and order. (1) Clarifying the relationship between the state and the social market, taking full account of both the need for vitality and the requirement for orderliness, in order to harness the benefits of the existing system. (2) Meet the management needs at various levels, central and local, by delegating the authority to formulate local standards. (3) It is necessary to properly leverage the enthusiasm of both the standardization agencies and industry sectors, in order to establish an effective coordination mechanism. IV. Establish a clear, appropriate, and harmonious standard system 1. Clearness – Define the types, validity, and scope of standards. Standards include **national standards, industry standards, local standards, group standards, and enterprise standards. **Standards are divided into mandatory standards and recommended standards; industry standards and local standards are recommended standards. Regarding the validity of standards, it is stipulated that for any technical requirements related to human health, safety of life and property, **safety, ecological environment safety, as well as certain basic needs in economic and social management, mandatory **standards must be established, and such mandatory standards must be complied with. Regarding the formulation of mandatory **standards, the Standardization Law stipulates that such initiatives should be given priority, completed promptly, and implemented compulsorily. **The adoption of recommended standards is encouraged. 2. Applicability – Strict procedures for formulating and revising standards and substantive requirements (1) Substantive requirements for standard formulation: Standards should facilitate the scientific and rational use of resources, promote the application of scientific and technological achievements, enhance the safety, versatility, and replaceability of products, and improve economic, social, and ecological benefits, ensuring that they are both technologically advanced and economically reasonable. It is prohibited to use standards to engage in practices that exclude or restrict market competition, such as hindering the free flow of goods and services. (2) Mandatory standards represent the bottom line and red lines: Technical requirements aimed at ensuring human health and safety, as well as the safety of property, ecological environment safety, and meeting the basic needs of economic and social management shall be addressed through mandatory standards. (3) For technical requirements that meet the needs of being generally applicable, complementary to mandatory **standards, and serving as a guide for relevant industries, recommended **standards can be established. (4) For technical requirements that lack recommended **standards and need to be unified within a certain industry nationwide, industry standards can be established. (5) Local standards can be established to meet special technical requirements such as local natural conditions and customs*. Standard formulation and revision procedures: 1. Mandatory standards: The relevant administrative departments under the State Council are responsible, in accordance with their duties, for proposing projects for mandatory **standards, organizing their drafting, seeking opinions, and conducting technical reviews. The standardization administrative department under the State Council is responsible for the initiation, numbering, and public announcement of mandatory **standards. The standardization administrative department under the State Council shall conduct a review to determine whether the mandatory **standard proposed for formulation complies with the provisions of the preceding paragraph, and approve its formulation if it meets those provisions. The standardization administrative departments of provinces, autonomous regions, and municipalities directly under the Central Government may submit proposals for the establishment of mandatory standards to the standardization administrative department of the State Council, and it is up to this department, in conjunction with the relevant administrative departments of the State Council, to make a decision. Social organizations, enterprises and institutions, as well as individuals, may submit proposals to the standardization administration department under the State Council regarding the establishment of mandatory **standards. If the standardization administration department under the State Council deems it necessary to establish such standards, it will make a decision in conjunction with the relevant administrative departments under the State Council. Mandatory **standards are approved and issued by the State Council or authorized to be approved and issued by it. Where laws, administrative regulations, or decisions of the State Council provide otherwise regarding the formulation of mandatory standards, such provisions shall prevail. 2. Recommended standards: Recommended **standards are formulated by the standardization administrative department under the State Council. 3. Industry standards: Industry standards are formulated by the relevant administrative departments under the State Council and filed with the standardization administrative department of the State Council. 4. Local standards: Local standards are formulated by the standardization administrative departments of the people’s governments of provinces, autonomous regions, and municipalities directly under the Central Government ； The standardization administrative department of a city at the district level may, in light of the specific needs of its respective administrative region and with the approval of the standardization administrative department of the province, autonomous region, or municipality directly under the Central Government where it is located, formulate local standards for that region. Local standards shall be filed with the standardization administrative department of the State Council by the standardization administrative departments of provinces, autonomous regions, and municipalities directly under the Central Government, and the standardization administrative department of the State Council shall inform the relevant administrative departments of the State Council. 3. Harmony – Introduction of a standardization coordination mechanism. Original text of the law: Article 6 The State Council shall establish a standardization coordination mechanism to oversee major reforms in standardization, study key policies related to standardization, and coordinate the development and implementation of standards that involve multiple departments and fields and give rise to significant disputes. People’s governments at the city level or above that are divided into districts may establish standardized coordination mechanisms as needed to oversee and coordinate major matters related to standardization within their respective administrative regions. Article 30: The standardization administrative department under the State Council shall, based on feedback on standard implementation, evaluations, and re-evaluations, take action in cases where relevant standards overlap or are not coordinated with each other; such actions shall be taken in conjunction with the relevant administrative departments under the State Council or through the State Council’s standardization coordination mechanism. Article 33: In the event of disputes arising during the process of standard formulation and implementation by the relevant administrative departments under the State Council, the standardization administrative department of the State Council shall organize consultations ； If no agreement can be reached, the Standardization Coordination Mechanism of the State Council shall resolve it. V. Establish a standardized framework for coordinated advancement: Change mindsets and enhance services; streamline mechanisms to improve efficiency; maintain close communication and work together. 1. It has been further clarified that mandatory standards must be complied with, and products and services that do not meet these standards shall not be produced, sold, imported, or provided. Enterprises that produce, sell, import products or provide services that do not comply with mandatory standards, or whose products or services fail to meet the technical requirements of their published standards, shall bear civil liability in accordance with the law. If the production, sale, import of products or the provision of services do not comply with mandatory standards, actions will be taken in accordance with laws and administrative regulations such as the Product Quality Law of the People’s Republic of China, the Law of the People’s Republic of China on Inspection of Import and Export Goods, and the Law of the People’s Republic of China on the Protection of Consumers’ Rights and Interests. Such violations will be recorded in credit records, and disclosed in accordance with relevant laws and administrative regulations ； If a crime is constituted, criminal liability shall be pursued in accordance with the law. 2. A **standardization work coordination mechanism has been established**; the State Council and local people’s governments at the city level and above establish standardization coordination mechanisms, while people’s governments at the county level and above incorporate standardization into their respective national economic and social development plans. 3. In order to promptly phase out outdated standards and effectively address the issue of outdated standards, the new Standardization Law stipulates that the review cycle for standards shall generally not exceed five years; upon review, those standards that are no longer suitable for the needs of economic and social development due to technological progress should be revised or repealed in a timely manner. 4. Encourage the development and implementation of group standards and enterprise standards that are higher than mandatory standards and recommended standards.