Law of the People’s Republic of China on Product 1 Quality (Adopted at the 30th Meeting of the Standing Committee of the Seventh National People’s Congress on February 22, 1993, promulgated by Order No. 71 of the President of the People’s Republic of China on February 22, 1993, and effective as of September 1, 1993).
Chapter I General Provisions
Article 1 This Law is enacted to strengthen the supervision and control over product quality, to improve technology product quality, to define the liability relating thereto, to protect the legitimate rights and interests of consumers and to safeguard the social and economic order.
Article 2 Anyone who manufactures or sells any product within the territory of the People’s Republic of China shall abide by this Law. For the purposes of this Law, “product” means one which is processed or manufactured for sale. This Law shall not apply to construction projects. However, it shall be applicable to those materials, components, fittings and equipment used for construction which fall within the scope of the definition mentioned in the preceding paragraph.
Article 3 Producers and sellers shall establish and improve their internal system for product quality control, and strictly apply the quality standards for jobs, the quality responsibility system and the related check measures.
Article 4 Producers and sellers shall be liable for product quality in accordance with this Law.
Article 5 It is prohibited to forge or fraudulently use authentication marks or other product quality marks; it is prohibited to forge the origin of a product, or to forge or fraudulently use the name and address of another producer; and it is prohibited to mix impurities or imitations into a product that is manufactured or for sale, or pass a fake product off as a genuine one, or pass a defective product off as a quality one.
Article 6 The State encourages the popularization of scientific methods for quality control and the adoption of advanced science and technology, and encourages enterprises to make their product quality reach and surpass their respective sectoral standards, national standards and international standards.
Units and individuals that have made outstanding achievements in exercising advanced control over product quality and in raising their product quality to advanced international standards shall be awarded.
Article 7 People’s governments at various levels shall incorporate the improvement of product quality into their plans for national economic and social development, improve their overall planning, organization and leadership in respect of product quality, provide guidance to producers and sellers and urge them to tighten control over product quality and improve product quality, ensure that the government departments concerned will, in accordance with law, take measures to stop any violations of this Law committed in the process of manufacture and sale of products, and guarantee that this Law is implemented.
Article 8 The department for supervision over product quality under the State Council shall be responsible for supervision over product quality throughout the country. The relevant departments under the State Council shall be responsible for supervision over product quality within the scope of their respective functions and responsibilities. Local departments for supervision over product quality at or above the county level shall be in charge of supervision over product quality within their respective administrative regions. The relevant departments in the local people’s governments at or above the county level shall be responsible for supervision over product quality within the scope of their respective functions and responsibilities. Where laws provide otherwise with respect to departments for supervision over product quality, the provisions of such laws shall apply.
Article 9 No functionaries of the local people’s governments at various levels or of other State organs may abuse their power, neglect their duty, engage in malpractices for personal gain, shield or connive at violations of this Law committed in the process of manufacture or sale within their own regions, or obstruct or interfere in the investigation and handling of such violations. Where a local people’s government at any level or a State organ shields or connives at violations of this Law committed in the process of manufacture or sale, the person who is chiefly responsible shall be investigated for legal responsibility in accordance with law.
Article 10 All units and individuals shall have the right to inform the departments for supervision over product quality or other relevant departments against any violations of this Law. The Departments for supervision over product quality and other relevant departments shall keep secrets for the informers, and award the them in accordance with the relevant regulations of the people’s governments of provinces, autonomous regions, or municipalities directly under the Central Government.
Article 11 No units or individuals may exclude up-to-standard products manufactured by enterprises or sectors from entering into their regions or sectors. Chapter 2