进出口商品检验鉴定机构管理办法（The measures for the administration of import and export commodities inspection and authentication institutions）

进出口商品检验鉴定机构管理办法（The measures for the administration of import and export commodities inspection and authentication institutions） 进出口商品检验鉴定机构管理办法(The measures for the administration of import and export commodities inspection and authentication institutions) Measures for the administration of inspection and authentication institutions for import and export commodities (October 18, 2002 National Quality Supervision and inspection and Quarantine Bureau meeting by, and by the Ministry of Commerce and State Administration for Industry and Commerce approved, implemented since January 1, 2004) ???? Chapter 1? General principles ???? 1?? in order to strengthen the authentication institutions on import and export commodities management, maintenance inspection of import and export commodities fair competition in the market order, protect the legitimate rights and interests of the import and export trade, and promote the smooth development of foreign trade, according to the "HYPERLINK" http: //172.16.1.11:168/golaw? Dbnm=gjfg&flid=111701200201 "\t" _blank "People's Republic of China import and export the commodity inspection law" and its implementation rules and other relevant laws and regulations, the enactment of this approach. Second? The measures are applicable to the licensing and supervision of the institutions engaging in the inspection and appraisal of import and export commodities within the territory of the People's Republic of China. ???? Third?? said the import and export commodity inspection and authentication institutions "as mentioned in these Measures refers to the basis of the relevant national laws and regulations and the provisions of these measures, the State Administration of Quality Supervision Inspection and Quarantine (hereinafter referred to as the state quality inspection administration license), entrusted by parties involved in foreign trade or domestic and foreign inspection agencies and other relevant units. For the import and export commodity inspection and authentication business of Chinese import and export commodity inspection and authentication institutions and Sino foreign joint ventures, Chinese foreign cooperative enterprises and wholly owned import and export commodity inspection and authentication institutions and their branches (hereinafter referred to as foreign investment import and export commodity inspection and authentication institutions). Fourth? The import and export commodity inspection and authentication institution should pass the approval of the AQSIQ and perform the business registration procedure in accordance with the law, so that it can handle the import and export commodity inspection and appraisal business. Foreign investment in import and export commodities inspection and authentication institutions should pass the approval of the AQSIQ and the Ministry of Commerce, and implement the business registration procedures in accordance with the law, and can handle import and export commodity inspection and appraisal business. Inspection and appraisal agencies for import and export commodities without permission and registration shall not undertake the inspection and appraisal business of import and export commodities entrusted. ???? Fifth?? the relevant provisions of the import and export commodity inspection and authentication institutions shall abide by the laws and regulations and the State Administration of quality inspection, to third party status independently and impartially engaged in inspection and authentication business of import and export commodities, and bear the corresponding legal responsibility. Sixth? The State Administration of quality supervision, the Ministry of Commerce and the State Administration for Industry and Commerce implement the management of the import and export commodity inspection and identification institutions in accordance with their respective duties. ???? The second chapter? The establishment of the inspection and appraisal institution for Chinese import and export commodities Seventh? The applicant for the establishment of the inspection and authentication institution for Chinese import and export commodities shall meet the following conditions: An investor or an investor shall be an independent institution who has been engaged in the inspection and appraisal business in China for more than 3 years in accordance with the law according to the law of the third party; ?? (two) the registered capital is not less than 350 thousand rmb; (three) it has the testing conditions and technical resources which are suitable for the inspection and appraisal business. It has fixed residence / office place, detection place and corresponding scale; ? (four) quality management system in line with the relevant general requirements; (five) professional and technical personnel engaged in inspection and appraisal should obtain employment qualification according to relevant provisions of AQSIQ, and the number of employees who obtain qualification is not less than 2 / 3 of the total number of institutions; ?? (six) other conditions stipulated by laws and administrative regulations. Eighth. If the applicant applies for the establishment of the inspection and authentication institution for import and export of Chinese goods, it shall apply to the inspection and Quarantine Bureau directly under the local authority and submit it to the AQSIQ for approval. A Chinese funded inspection and appraisal institution that applies for the establishment of an inspection and appraisal institution for import and export commodities is a large enterprise managed by the relevant department of the State Council. After the approval of the competent department, it directly applies to the aqsiq. Ninth? The applicant for the establishment of the inspection and authentication institution for Chinese import and export commodities shall submit the following materials to the inspection and Quarantine Bureau directly under the local authority and the aqsiq: (1) establishment of application documents for inspection and appraisal institutions of import and export commodities; (two) notification of pre-approval of the name of the organization issued by the administrative department for Industry and commerce; (three) proof of the right of use or ownership of domicile / office location and inspection site; ?? (four) testing conditions and technical ability materials; ?? (five) quality management documents; ?? (six) certificate of inspection and appraisal business in China for more than 3 years in accordance with the law of the third party; (seven) the credit certificate of the investment parties and the identity certificate of the legal representative (copy); ?? (eight) copies of qualification certificates obtained by professional technicians engaged in inspection and appraisal; ? (nine) other documents stipulated by laws, regulations and aqsiq. ?? Tenth. AQSIQ reviewed the submitted materials, and could carry out on-site audit if necessary. ???? The State Quality Inspection Administration has completed the review within 90 working days, and make a decision of approval or disapproval; the issue of "examination and approval of the import and export commodity inspection and authentication institution qualification certificate", not to permit the reasons shall be explained. ???? Eleventh?? the Chinese import and export commodity inspection and authentication institution applicant by State Quality Inspection Administration issued the approval documents and the "import and export commodity inspection and authentication institution qualification certificate", according to the administrative department for Industry and Commerce for registration. ???? The third chapter? The establishment of the inspection and appraisal institution for foreign investment in import and export commodities Twelfth? The applicant for the establishment of a foreign investment inspection and authentication institution for import and export commodities shall meet the following conditions: (1) the foreign investors of the inspection and authentication institutions for foreign investment in import and export commodities shall be registered in their own country for legal institutions for more than 3 years in the inspection and appraisal business; ???? (two) Sino foreign joint ventures, Sino foreign cooperative import and export commodity inspection and authentication institutions of Chinese investors or one investor shall be in the identity of the third party, independent institutions in China specializing in inspection and authentication business for more than 3 years; ?? (three) the registered capital is no less than 350 thousand US dollars; (four) it has the testing conditions and technical resources which are suitable for the inspection and appraisal business. It has fixed residence / office place, detection place and transnational operation ability; ? (five) quality management system in line with the relevant general requirements; (six) professional and technical personnel engaged in inspection and appraisal should obtain employment qualification according to relevant provisions of AQSIQ, and the number of employees who obtain qualification is not less than 2 / 3 of the total number of institutions; ?? (seven) other conditions stipulated by laws and administrative regulations. Before December 11, 2003, the import and export commodity inspection and appraisal institutions shall not allow foreign capital to control. Set up before December 11, 2005 will not permit foreign owned import and export commodity inspection and authentication institutions. ???? Thirteenth?? apply for the establishment of Sino foreign joint ventures, Sino foreign cooperative import and export commodity inspection and authentication institutions of Chinese investors to the local inspection and Quarantine Bureau and the commerce department proposed the establishment of the application, passing through the trial, submitted to the national quality inspection administration and the Ministry of commerce. When the Chinese investor is a large enterprise managed by the relevant department of the State Council, the competent authorities of the State Council and the Ministry of Commerce directly apply for the establishment of the enterprise after the approval of the competent department. ???? Apply for the establishment of a foreign-funded import and export commodity inspection and authentication institutions shall be set up, submit an application to the local inspection and Quarantine Bureau and the commerce department, passing through the trial, submitted to the national quality inspection administration and the Ministry of commerce. Fourteenth. When applying for the establishment of a foreign investment inspection and authentication institution for foreign investment, the following materials shall be submitted to the inspection and Quarantine Bureau directly under the local authority and the aqsiq: (1) the establishment of import and export commodity inspection and appraisal institutions application documents; (two) notification of pre-approval of the name of the organization issued by the administrative department for Industry and commerce; ?? (three) feasibility study report signed by all investors; ?? (four) testing conditions and technical ability materials; ?? (five) quality management documents; (six) certificate of domicile or office location and right of use or ownership of the testing site; ? (seven) the certificate of the local government or the relevant departments provided by the investors in the country for more than 3 years of the inspection and appraisal business; (eight) the credit certificate of the investment parties and the identity certificate of the legal representative (copy); ?? (nine) photocopies of qualification certificates obtained by professional technicians engaged in inspection and appraisal; ?? (ten) other documents stipulated by laws and administrative regulations. Fifteenth? AQSIQ examined the submitted materials and conducted on-site audits when necessary. The State Administration of quality supervision and inspection (AQSIQ) has completed the examination within 90 working days, and has made a decision on whether to grant or not to grant it; if it is not permitted, the reason shall be explained. Sixteenth. The applicant for the establishment of the inspection and authentication institution for foreign investment in import and export commodities shall submit the application to the Ministry of Commerce and submit the following materials with the permission documents of the aqsiq: (1) the approval document of the AQSIQ on the establishment of the inspection and appraisal institution for foreign invested import and export commodities; ? (two) set up application documents for import and export commodity inspection and appraisal institutions; (three) the competent authorities of the State Council or the State Council of large enterprises agree to apply for the establishment of the inspection and appraisal institutions for foreign investment in import and export commodities; ?? (four) the list of members of the board of directors and the appointment book; ? (five) project proposal for the establishment of a foreign investment inspection and appraisal institution for foreign investment; (six) the credit certificate, registration certificate (copy), legal representative identity (copy) of the investment parties; ? (seven) feasibility study reports, contracts and articles of association signed by all investors; ?? (eight) other documents stipulated by laws and regulations. ???? Seventeenth?? the commerce department to review the submitted materials, and in 90 working days to make the decision of approval or disapproval, consent, approval certificate issued by foreign-invested enterprises, do not agree with the reasons shall be explained. Eighteenth? The applicant of foreign investment import and export commodity inspection and authentication institution is registered with the administrative department for Industry and Commerce in accordance with the relevant documents and relevant documents issued by the Ministry of commerce. ???? Nineteenth?? has the administrative department for Industry and commerce registration of foreign-funded import and export commodity inspection and authentication institution shall obtain the qualification certificate "" inspection and authentication institutions on import and export commodities to the State Quality Inspection Administration, shall be entrusted to carry out import and export commodity inspection and authentication business within the approved scope. ???? The fourth chapter? Supervision and management? Twentieth. If the import and export commodity inspection and quarantine institution has such matters as merger, division or transfer of equity, it shall apply again in accordance with these measures. ???? Twenty-first?? of import and export commodities inspection and authentication institutions involved "qualification certificate" of import and export commodities inspection and authentication institution changes, shall be submitted to the state quality inspection administration to apply for renewal of qualification certificate; import and export commodity inspection and authentication institution of bankruptcy, dissolution or closure, it shall cancel the certificate to the State Administration of quality inspection. Twenty-second? The directly inspection and quarantine bureau is responsible for the routine supervision and administration of the import and export commodity inspection and appraisal institutions. If necessary, it can be supervised and checked by the local commercial department, the administrative department for Industry and commerce or other relevant departments. Twenty-third? The supervision and management of import and export commodity inspection and authentication institutions include daily inspection and annual review, etc. the main contents of inspection and examination include: (1) the establishment of institutions and the procedures for approval of change items; ?? (two) capital or capital contribution; ?? (three) business operation; ?? (four) detection conditions and technical ability; ?? (five) management and internal control; ?? (six) qualification of employees; (seven) whether to carry out business activities in accordance with relevant laws and regulations and the provisions of these measures?. Twenty-fourth?? the validity of the qualification certificate of import and export commodity inspection and identification institution is 3 years. The inspection and authentication institution for import and export commodities shall renew the certificate to the AQSIQ within 3 months prior to the expiration of the certificate. ???? Twenty-fifth?? of import and export commodities inspection and authentication institution shall, in May 30th each year before truthfully to the local inspection and Quarantine Bureau directly under the State Administration of quality inspection and provide an annual business report, financial report, industrial and commercial administrative management department annual report, the annual report and the qualification certificate etc.. The submitted data should be true, complete and accurate. If the audit is qualified, the AQSIQ shall affix its annual stamp to the copy of its institutional qualification certificate. Twenty-sixth? The State Administration of quality supervision and inspection and the inspection and Quarantine Bureau directly under the State Administration of quality supervision and inspection of the import and export commodity are engaged in the examination and qualification examination of the personnel engaged in the inspection and appraisal business in the import and export commodity inspection and authentication institutions (the specific measures are formulated separately). If the personnel engaged in the inspection and appraisal business change, the import and export commodity inspection and authentication institution shall file the record with the inspection and Quarantine Bureau directly under the locality within 15 days after the change. The person who has obtained employment qualification shall not work part-time in other inspection and appraisal institutions. ???? Twenty-seventh?? the State Quality Inspection Administration and the inspection and Quarantine Bureau in the implementation of the supervision and inspection of import and export commodities inspection and authentication institutions, can be built on file management inspection and authentication institutions on import and export commodities inspection and identification of quality inspection and implementation; can conduct random inspection of the commodity inspection and appraisal; can consult and copy the relevant documents of the parties concerned, by examining the import and export commodity inspection and authentication institutions must cooperate. Twenty-eighth? The inspection and identification certificate issued by the inspection and authentication institution for import and export commodities shall be signed by the person who has obtained the qualification, and the result shall be true, objective and impartial. The inspection and quarantine institutions may conduct investigations and report the results of inspection and identification after finding suspected illegal acts through reports, complaints or other means. Twenty-ninth. The personnel of the AQSIQ and the inspection and quarantine institutions have the obligation to keep confidential the business and technical secrets they are aware of when they are responsible for the licensing and supervision of the import and export commodity inspection and appraisal institutions. Thirtieth? AQSIQ and inspection and quarantine personnel shall not abuse their power and seek private benefits. Thirty-first? The AQSIQ and the inspection and Quarantine Bureau directly under the State Council should establish the supervision and administration information notification system for the import and export commodity inspection and authentication institutions. ???? Thirty-second?? in violation of the provisions of engaging in the import and export commodity inspection and authentication business, the local inspection and Quarantine Bureau shall be ordered to stop the illegal operations, confiscate the illegal income, impose illegal income more than three times the fine. Thirty-third. One of the following acts of the import and export commodity inspection and authentication institution shall be ordered by the AQSIQ to correct, suspend or cancel its employment qualification according to the seriousness of the case. Did not carry out the relevant business within 1 years after obtaining the qualification certificate of the import and export commodity inspection and appraisal institution?; ?? (two) providing false relevant annual documents and materials; (three) false reports, certificates and reports provided with significant errors; (four) when the relevant matters of the institution have changed, the relevant alteration procedures have not been carried out in accordance with the provisions of these measures; (five) violating the management regulations of other inspection and identification, disturbing the order of inspection and appraisal; ?? (six) operating without permission beyond the scope of license; ? (seven) the establishment of branches without permission; ???? (eight) on cooperation, entrustment, transfer etc. the blank inspection certificate or report by other inspection institutions or personnel and the inspection and authentication institutions related business set up by the state quality inspection administration without permission or any of its personnel; ?? (nine) other acts which violate the provisions of the present measures.