CNCA entrusts the quality and technical supervision departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government (hereinafter referred to as the provincial quality and technical supervision departments) to undertake the examination and approval of certification consulting institutions within their respective jurisdictions. Article 5 The provincial quality and technical supervision department shall carry out the examination and approval of certification consulting institutions in the name of CNCA within the scope of authorization, and shall not entrust other organizations or individuals to carry out the examination and approval. Chapter II Conditions for Establishment and Procedures for Examination and Approval Article 6 The establishment of a certification consulting institution shall be approved by CNCA and registered with the industry and commerce according to law before it can engage in certification consulting activities within the approved scope. Article 7 The establishment of a certification consulting institution shall meet the following conditions:
(1) Having a fixed place and necessary facilities;
(2) The registered capital is not less than RMB 654.38+10,000;
(3) Having management documents that meet the requirements of certification consultation;
(4) Having more than four full-time registered consultants, including at least 1 senior consultant;
(5) Other conditions that should be met according to law.
To establish a foreign investment certification and consulting institution, in addition to the above conditions, it shall also obtain the certification and consulting qualification stipulated by the laws of the country or region where it is located. Article 8 The examination and approval procedures for the establishment of certification consulting institutions:
(a) the applicant for the establishment of certification consulting institutions (hereinafter referred to as the applicant) shall submit a written application to the local provincial quality and technical supervision department and submit relevant certification materials;
(two) the provincial quality and technical supervision department shall conduct a preliminary examination of the application materials submitted by the applicant, and make a written decision on whether to accept or not to accept the application materials within 5 days from the date of receipt;
(three) the provincial quality and technical supervision department shall, from the date of accepting the application, examine the substantive contents of the application materials, and make a decision on whether to approve or not within 20 days. If it decides to approve, it shall issue a Notice of Approval for the Establishment of Certification Consulting Organization to the applicant; If it is not approved, it shall notify the applicant in writing and explain the reasons;
(four) the applicant shall go through the relevant industrial and commercial registration procedures according to law with the Notice of Approval for the Establishment of Certification Consulting Institutions, and receive the Approval Letter of Certification Consulting Institutions with the industrial and commercial registration procedures.
The provincial quality and technical supervision department shall publish the list of certification consulting institutions established according to law, and submit the approved list of certification consulting institutions within its jurisdiction to CNCA. Article 9 The validity period of the approval letter of the certification consulting institution is 4 years.
If the certification consulting institution needs to postpone the use of the approval letter of the certification consulting institution, it shall reapply to the local provincial quality and technical supervision department within 90 days before the expiration of the approval letter of the certification consulting institution. Tenth provincial quality and technical supervision departments shall handle the examination and approval matters in accordance with the format of the examination and approval documents of certification consulting institutions uniformly formulated by the National Certification and Accreditation Administration. Eleventh certification consulting institutions to set up branches, should be set up to the provincial quality and technical supervision departments for the record. Article 12 The resident representative offices established in People's Republic of China (PRC) by overseas certification consulting institutions shall be filed with CNCA before they can engage in business liaison, market research, technical exchange and other publicity and promotion activities, but shall not engage in certification consulting business activities. Chapter III Code of Conduct Article 13 A certification consulting institution shall establish a quality system and procedures for effectively controlling certification consulting, and conduct 1 internal quality system audit and management review at least once every two months. Article 14 A certification consulting institution shall establish certification consulting implementation procedures suitable for certification consulting activities, provide certification consulting services for certification consulting clients according to the certification consulting implementation procedures, and ensure the authenticity and effectiveness of certification consulting activities.
The implementation procedures of certification consultation include: investigation and diagnosis, system planning, personnel training, document preparation, document release, system operation (the operation period must be at least 3 months), internal audit, management review and compliance audit.
Certification consultation in special fields such as environmental management system and occupational health and safety management system also needs to include procedures such as identification and evaluation of environmental and risk factors; Product certification consultation also needs to include procedures such as product conformity confirmation and design.
The certification consulting institution shall make a complete record of the implementation process of certification consulting and file it. Fifteenth certification consulting institutions shall establish a system of employment, training, assessment and ability evaluation of full-time and part-time certification consultants.
When a certification consulting institution hires a certification consultant, it shall employ personnel with good professional ethics, certain professional knowledge and practical experience in related industries, and obtain the registration qualification of certification consultant.