Article 2 The term "inspection and testing institutions" as mentioned in these Measures refers to professional technical organizations established according to law, which use technical conditions and professional skills such as instruments, equipment and environmental facilities to conduct inspection and testing on products or specific objects stipulated by laws and regulations.
The term "qualification identification" as mentioned in these Measures refers to the evaluation permission of the quality and technical supervision departments at or above the provincial level on whether the basic conditions and technical capabilities of inspection and testing institutions meet the statutory requirements according to the provisions of relevant laws, regulations, standards and technical specifications.
Qualification includes metrological certification of inspection and testing institutions.
Article 3 An inspection and testing institution shall obtain qualification recognition when engaging in the following activities:
(a) to provide evidence and results for the decision of the judicial organs;
(two) to provide evidence and results for administrative decisions made by administrative organs;
(three) to provide evidence and results for the arbitration decision of the arbitration institution;
(four) data and results for social and economic activities and public welfare activities;
(5) Qualifications required by other laws and regulations.
Article 4 These Measures shall be observed in the inspection and testing activities within the territory of People's Republic of China (PRC) that provide the society with evidential data and results, as well as in the qualification identification, supervision and management of inspection and testing institutions.
Where laws and administrative regulations provide otherwise, such provisions shall prevail.
Article 5 The General Administration of Quality Supervision, Inspection and Quarantine shall be in charge of the accreditation of national inspection and testing institutions.
The National Certification and Accreditation Administration (hereinafter referred to as CNCA) is responsible for the unified management, organization, implementation and comprehensive coordination of the accreditation of inspection and testing institutions.
The quality and technical supervision departments of the people's governments of all provinces, autonomous regions and municipalities directly under the Central Government (hereinafter referred to as the provincial qualification accreditation departments) are responsible for the qualification accreditation of inspection and testing institutions within their respective jurisdictions;
The quality and technical supervision departments of the people's governments at or above the county level shall be responsible for the supervision and management of inspection and testing institutions within their respective jurisdictions.
Article 6 CNCA shall, in accordance with the provisions of relevant national laws, regulations, standards and technical specifications, formulate the basic norms, evaluation standards, qualification certificates and logo styles of inspection and testing institutions, and make them public.
Article 7 The accreditation of inspection and testing institutions shall follow the principles of unification, standardization, objectivity, fairness and openness. Article 8 The CNCA shall be responsible for organizing the implementation of inspection and testing institutions established by relevant departments and relevant industry authorities in the State Council according to law; The qualification certification of other inspection and testing institutions shall be organized and implemented by the provincial qualification certification department in its administrative region.
Article 9 An inspection and testing institution applying for accreditation shall meet the following conditions:
(a) a legal person or other organization established according to law and able to bear corresponding legal responsibilities;
(2) Having inspection and testing technicians and management personnel suitable for their inspection and testing activities;
(3) It has a fixed workplace and the working environment meets the inspection and testing requirements;
(4) Having inspection and testing equipment and facilities necessary for carrying out inspection and testing activities;
(5) Having and effectively operating a management system to ensure the independence, impartiality, scientificity and integrity of inspection and testing activities;
(six) meet the special requirements of relevant laws and regulations or standards and technical specifications.
Tenth inspection and testing institutions qualification procedures:
(1) An inspection and testing institution applying for qualification accreditation (hereinafter referred to as the applicant) shall submit a written application and relevant materials to CNCA or the provincial qualification accreditation department (hereinafter referred to as the qualification accreditation department) and be responsible for its authenticity;
(2) The qualification accreditation department conducts a preliminary examination of the written application and related materials submitted by the applicant, makes a decision on acceptance or rejection within 5 working days from the date of receipt, and informs the applicant in writing;
(three) the qualification accreditation department shall, within 45 working days from the date of accepting the application, complete the technical evaluation of the applicant according to the requirements of the Basic Standards and Evaluation Standards for Qualification Accreditation of Inspection and Testing Institutions. Technical review includes written review and on-site review. The technical review time is not counted in the qualification review period, and the qualification review department shall inform the applicant of the technical review time in writing. Unless it cannot be completed within the specified time due to the applicant's rectification or other reasons;
(four) the qualification department shall, within 20 working days from the date of receiving the conclusion of the technical review, make a written decision on whether to approve the license. If permission is granted, a qualification certificate shall be issued to the applicant within 10 working days from the date of making the decision. If the license is not granted, it shall notify the applicant in writing and explain the reasons.
Eleventh qualification certificate is valid for 6 years.
If it is necessary to extend the validity period of the qualification certificate, it shall apply 3 months before the expiration of its validity period.
The qualification certification department shall, according to the application matters, self-declaration and classified supervision of the inspection and testing institutions, make a decision on whether to approve the extension by means of written review or on-site review.
Article 12 In any of the following circumstances, the inspection and testing institution shall apply to the qualification accreditation department for handling the change procedures:
(1) The name, address and legal person nature of the institution have changed;
(2) The legal representative, top manager, technical director and authorized signatory of the inspection report have changed;
(3) The qualification inspection and testing items are cancelled;
(four) the inspection standards or inspection methods have changed;
(five) other matters that need to be changed according to law.
Where an inspection and testing institution applies for adding inspection and testing items for qualification recognition or changes affect its compliance with the conditions and requirements for qualification recognition, it shall implement them in accordance with the procedures specified in Article 10 of these Measures.
Article 13 The contents of the qualification certificate include: the name and address of the issuing authority and the certified institution, the scope of inspection and testing capabilities, the validity period, the certificate number and the qualification mark.
The accreditation mark of inspection and testing institutions consists of the pattern formed by the English abbreviation CMA accredited by China inspection institutions and laboratories and the accreditation certificate number. The style is as follows:
Fourteenth inspection and testing institutions established by foreign investors in China according to law shall, when applying for qualification recognition, meet the qualification recognition conditions stipulated in Article 9 of these Measures, and also comply with the relevant provisions of laws and regulations on foreign investment in China.
Fifteenth inspection and testing institutions established in accordance with the law to engage in inspection and testing activities shall meet the conditions stipulated in Article 9 of these Measures, and may engage in relevant inspection and testing activities only after obtaining qualifications.
The qualification certification department may simplify the technical review procedure and shorten the technical review time according to the specific circumstances. Sixteenth qualification departments according to the needs of technical evaluation and professional requirements, can organize the implementation of technical evaluation by themselves or entrust professional technical evaluation institutions.
When organizing the on-site technical review, the qualification accreditation department or the professional technical review institution entrusted by it shall assign more than two reviewers who are suitable for the technical review content to form a review team and determine the review team leader. When necessary, you can hire relevant technical experts to participate in the technical review.
Article 17 The evaluation team shall carry out technical evaluation activities in strict accordance with the basic norms and evaluation standards for qualification determination, and issue technical evaluation conclusions within the specified time.
Professional technical evaluation institutions and evaluation teams shall be responsible for the authenticity and conformity of their technical evaluation activities and conclusions, and bear corresponding legal responsibilities.
Eighteenth review team found in the technical review does not meet the requirements, it shall notify the applicant in writing within a time limit for rectification, the rectification period shall not exceed 30 working days. If the rectification is not completed within the time limit or still does not meet the requirements after rectification, the corresponding review items shall be judged as unqualified.
In the technical review, if the review team finds that the applicant has violated the law, it shall report to the qualification accreditation department in time.
Nineteenth qualification departments shall establish and improve the professional skills training, assessment, use and supervision system of examiners.
Twentieth qualification examination departments shall supervise the technical examination activities, and establish the accountability mechanism.
Where the qualification certification department entrusts a professional technical evaluation institution to organize technical evaluation, it shall supervise the technical evaluation activities of the professional technical evaluation institution and its organization.
Twenty-first professional and technical evaluation institutions, reviewers in the evaluation activities in any of the following circumstances, the qualification department may, according to the seriousness of the case, make a warning, suspend or cancel its decision to handle technical evaluation activities:
(1) Failing to conduct technical review in accordance with the requirements and time specified in the Basic Standards for Qualification Recognition and Review;
(two) engaged in consulting and technical evaluation in the same inspection and testing institution;
(3) Having an interest in the evaluated inspection and testing institution or its evaluation may affect impartiality and not avoiding it;
(4) divulging state secrets, commercial secrets or technical secrets known in the course of work;
(five) to seek illegitimate interests from the inspected inspection and testing institutions;
(six) issued a false or untrue technical review conclusion. Twenty-second inspection and testing institutions and their personnel engaged in inspection and testing activities shall abide by the provisions of relevant laws and regulations of the state, follow the principles of objectivity, independence, fairness, impartiality, honesty and credibility, abide by professional ethics and assume social responsibilities.
Article 23 Inspection and testing institutions and their personnel shall be independent of the relevant parties involved in the inspection and testing data and results issued by them, and shall not be affected by any factors that may interfere with their technical judgment, so as to ensure the truthfulness, objectivity and accuracy of the inspection and testing data and results.
Twenty-fourth inspection and testing institutions shall regularly review and improve the management system to ensure that their basic conditions and technical capabilities can continuously meet the qualification requirements and requirements, and ensure the effective operation of the management system.
Twenty-fifth inspection and testing institutions shall, within the scope of inspection and testing capabilities specified in the qualification certificate, issue inspection and testing data and results in accordance with the procedures and requirements specified in relevant standards or technical specifications.
When the inspection and testing institutions issue inspection and testing data and results, they shall indicate the inspection and testing basis, and use the language that conforms to the basic norms and evaluation standards for qualification identification.
Inspection and testing institutions shall be responsible for the inspection and testing data and results issued by them, and bear corresponding legal responsibilities.
Twenty-sixth personnel engaged in inspection and testing activities shall not work in more than two inspection and testing institutions at the same time.
The authorized signatory of the inspection and testing institution shall meet the capacity requirements specified in the qualification evaluation criteria. An unauthorized signatory shall not issue an inspection report.
Twenty-seventh inspection and testing institutions shall not transfer, lease or lend qualification certificates and signs; Shall not forge, alter, fraudulently use or rent qualification certificates and signs; Invalid, revoked or cancelled qualification certificates and marks shall not be used.
Twenty-eighth inspection and testing institutions to provide inspection and testing data and results to the public, it should be stamped with a special seal for inspection and testing on its inspection and testing report, and marked with a qualified mark.
Twenty-ninth inspection and testing institutions shall manage their inspection and testing samples in accordance with the requirements stipulated in relevant standards, technical specifications and qualification evaluation criteria.
If the inspection and testing institution accepts the entrusted inspection, its inspection and testing data and results only prove the conformity of the sample inspection and testing items.
Thirtieth inspection and testing institutions shall file the original records and reports of inspection and testing to ensure their traceability.
Original records and reports shall be kept for at least 6 years.
Article 31 When inspection and testing institutions need to subcontract inspection and testing items, they shall subcontract them to inspection and testing institutions that have obtained qualification certification according to law and have the ability to complete the subcontracted items in accordance with the provisions of qualification certification evaluation standards, and mark the subcontracting situation in the inspection and testing report.
Specific sub-contract inspection and test items shall obtain the written consent of the entrusting party in advance.
Thirty-second inspection and testing institutions and their personnel have the obligation to keep confidential the state secrets, commercial secrets and technical secrets they know in inspection and testing activities, and formulate and implement corresponding security measures. Article 33 CNCA shall organize the supervision and management of inspection and testing institutions, and supervise and guide the qualification accreditation work of provincial qualification accreditation departments.
The provincial qualification certification department shall supervise and inspect the inspection and testing institutions within its jurisdiction by itself or by organizing (city) and county-level quality and technical supervision departments, and investigate and deal with illegal acts according to law; Submit the annual qualification work, supervision and inspection results, statistical data and other relevant information to CNCA regularly.
The local (city) and county-level quality and technical supervision departments shall supervise and inspect the inspection and testing institutions within their jurisdiction, investigate and deal with illegal acts according to law, and report the investigation results to the provincial qualification certification department. Involving CNCA or other provincial qualification departments, the provincial qualification departments shall be responsible for reporting or reporting.
Thirty-fourth qualification accreditation departments shall establish integrity files of inspection and testing institutions, and implement classified supervision according to the risk degree of inspection and testing professional fields, self-declaration of inspection and testing institutions, accreditation of accreditation institutions, supervision and inspection, complaints and reports, etc.
Thirty-fifth inspection and testing institutions shall, in accordance with the requirements of the qualification accreditation department, participate in the ability verification or comparison organized by them to ensure that they continue to meet the qualification accreditation conditions and requirements.
Encourage inspection and testing institutions to participate in the ability verification or comparison of inspection and testing institutions organized by relevant government departments, international organizations and professional technical evaluation institutions.
Thirty-sixth the competent department of qualification shall publish the information of inspection and testing institutions that have obtained qualification certification on its official website, and indicate the qualification certification.
CNCA will set up a national information inquiry platform for qualification identification of inspection and testing institutions to facilitate social inquiry and supervision.
Thirty-seventh inspection and testing institutions shall regularly submit annual reports to the qualification certification department, including relevant information such as continuously meeting the qualification certification conditions and requirements, observing professional norms, carrying out inspection and testing activities, and statistical data.
The inspection and testing institution shall publish its self-declaration of observing laws and regulations, practicing independently and impartially, and fulfilling social responsibilities on its official website or by other public means, and shall be responsible for the authenticity of the statement.
Article 38 The competent department of qualification may, according to the needs of supervision and management, ask the persons in charge of inspection and testing institutions and relevant personnel about relevant matters, and shall give a warning if problems are found.
Thirty-ninth inspection and testing institutions in any of the following circumstances, the qualification department shall handle the cancellation procedures according to law:
(a) the expiration of the validity period of the qualification certificate, did not apply for renewal or not to renew the approval according to law;
(2) The inspection and testing institution is terminated according to law;
(three) the inspection and testing institutions to apply for cancellation of the qualification certificate;
(4) Other circumstances that should be cancelled according to laws and regulations.
Fortieth of the inspection and testing institutions, professional and technical evaluation institutions or qualification departments and related personnel illegal behavior, any unit or individual has the right to report. The relevant departments shall, in accordance with their respective responsibilities, deal with it in a timely manner and keep the informants confidential. Forty-first inspection and testing institutions without obtaining the qualification certificate in accordance with the law, without authorization, release the data and results with proof to the society, and the quality and technical supervision department at or above the county level shall order it to make corrections and impose a fine of not more than 30,000 yuan.
Forty-second inspection and testing institutions in any of the following circumstances, the quality and technical supervision departments at or above the county level shall order them to make corrections within 0 months; Failing to make corrections within the time limit or failing to meet the requirements after correction, a fine of 654.38+0,000 yuan shall be imposed:
(1) Issuing inspection data and results in violation of the provisions of Articles 25 and 28 of these Measures;
(2) Failing to effectively manage the inspection and testing personnel in accordance with the provisions of these Measures, thus affecting the independence, impartiality and integrity of inspection and testing;
(3) Failing to manage and keep the original records and statements in accordance with the provisions of these Measures;
(four) in violation of the provisions of these measures and the bid evaluation standards;
(5) Failing to go through the alteration formalities in accordance with the provisions of these Measures;
(six) failing to participate in the ability verification or comparison in accordance with the requirements of the qualification certification department;
(seven) failing to submit the annual report, statistical data and other relevant information in accordance with the provisions of these measures, or the contents of self-declaration are untrue;
(eight) refusing to accept or cooperate with the supervision and inspection without justifiable reasons.
Forty-third inspection and testing institutions in any of the following circumstances, the quality and technical supervision departments at or above the county level shall order rectification, and impose a fine of 30 thousand yuan:
(a) the basic conditions and technical ability can not continuously meet the qualification conditions and requirements, and issue proof data and results to the society without authorization;
(two) beyond the scope of inspection and testing ability stipulated in the qualification certificate, and issue data and results certificates to the society without authorization;
(3) The inspection data and results issued are inaccurate;
(4) Accepting financial aid or behaviors that affect the fairness of inspection and testing;
(5) The inspection report is issued by an unauthorized signatory.
The rectification period specified in the preceding paragraph shall not exceed three months. During the rectification period, inspection and testing institutions shall not issue inspection and testing data and results with certificates to the society.
Forty-fourth inspection and testing institutions in violation of the provisions of article twenty-seventh, the quality and technical supervision departments at or above the county level shall be ordered to make corrections and impose a fine of 30 thousand yuan.
Forty-fifth inspection and testing institutions in any of the following circumstances, the qualification department shall revoke its qualification certificate:
(1) Issuing false inspection data and results without inspection or tampering with the data and results;
(two) in violation of the provisions of article forty-third of these measures, the inspection data and results are released to the outside world without authorization during the rectification period, or it is not corrected within the time limit and still does not meet the requirements after correction;
(3) Obtaining qualification recognition by cheating, bribery or other improper means;
(four) other circumstances in which the qualification certificate should be revoked according to law.
An inspection and testing institution whose qualification certificate has been revoked may not apply for qualification recognition again within three years.
Article 46 If an inspection and testing institution provides false materials or conceals relevant information when applying for qualification recognition, the qualification recognition department shall not accept or permit it. Inspection and testing institutions shall not apply for qualification recognition again within one year.
Forty-seventh personnel engaged in qualification identification, supervision and management, who abuse their powers, neglect their duties and engage in malpractices for selfish ends in their work, shall be dealt with according to law; If a crime is constituted, criminal responsibility shall be investigated according to law. Forty-eighth qualification fees, according to the relevant provisions of the state.
Article 49 The State General Administration of Quality Supervision, Inspection and Quarantine shall be responsible for the interpretation of these Measures.
Article 50 These Measures shall come into force as of August 1 day, 2065. The Administrative Measures for Accreditation of Laboratories and Inspection Institutions issued by the General Administration of Quality Supervision, Inspection and Quarantine on February 2, 20061day shall be abolished at the same time.