Establishment And Approval Of Management Methods For Certification Bodies

- Oct 31, 2018-

Article 7 Establishment of a certification institution shall be subject to the approval of the State Accreditation and Supervision Commission and legal personality shall be obtained before it can engage in certification activities within the scope of approval.

No unit or individual shall engage in certification activities without approval.

Eighth, the establishment of certification bodies shall meet the following requirements:

(1) having a fixed office space and necessary facilities;

(2) Having a constitution and management system that meets the requirements of certification and accreditation, and having a feasibility study report in the new field of certification;

(3) The registered capital shall not be less than RMB 3 million yuan; the investor shall comply with the relevant laws and regulations of the state and relevant provisions, and provide relevant creditworthiness certificates;

(four) full time certification personnel with 10 or more qualifications and abilities in corresponding fields;

(5) The chairman, general manager (director) and representatives of managers (hereinafter referred to as senior managers) of the certification bodies shall comply with the relevant laws and regulations of the State, as well as the relevant provisions of the State Administration of Quality Supervision and Inspection and the State Accreditation and Supervision Commission, and shall have the necessary administrative capacity to perform their duties;

(six) the conditions prescribed by other laws and regulations.

A certification institution engaged in product certification activities shall also have the technical ability to detect and inspect products in accordance with the relevant product certification activities.

Article 9 The establishment of a certification institution by a foreign investor in China shall meet the following requirements, in addition to the requirements stipulated in Article 8 of these Measures:

(1) A foreign investor is an institution with more than three years of certification experience in the relevant fields outside China, and has the lawful registration with the relevant authorities in the country or region in which he is located, without any bad records;

(2) The foreign investor has obtained the approval of the corresponding field of the authorized institution of the country or region in which he is located or the recognition of the relevant authorities;

(3) A Chinese joint venture or cooperative venture certification institution shall be a certification institution with more than three years of certification experience approved by the State Accreditation and Supervision Commission or a inspection institution or laboratory with certification qualifications obtained according to law, and shall have no bad employment record; a foreign investor shall comply with the first and second parts of this Article. Item;

The establishment of a certification institution by a foreign investor within the territory of China shall also conform to the relevant laws and administrative regulations on foreign investment and the relevant state guidance policies on foreign investment industries.

Tenth approval procedures for the establishment of certification bodies:

(1) The applicant who establishes a certification institution (hereinafter referred to as the applicant) shall apply to the State Accreditation and Regulatory Commission and submit valid certification documents and materials that meet the requirements stipulated in Articles 8 and 9 of these Measures;

(2) The State Accreditation and Supervision Commission shall conduct a preliminary examination of the application materials submitted by the applicant and make a written decision to accept or reject the application within 5 days from the date of receiving the application materials. If the application materials are incomplete or do not conform to the legal form, the applicant shall be informed of all the contents that need to be corrected at one time;

(3) The State Accreditation and Supervision Commission shall, within 90 days from the date of accepting the application for the establishment of the certification authority, make a decision on whether to approve it. If it decides to approve, it shall issue a notice of the establishment of a certification authority to the applicant, and if it decides not to approve, it shall notify the applicant in writing and explain the reasons.

(4) The State Accreditation and Supervision Commission shall organize relevant experts to assess the applicant's technical competence in accreditation and testing, and notify the applicant in writing. The time for expert review is 30 days, not counting within the time limit approved by the National Commission for Discipline Inspection.

(5) The applicant shall go through the relevant registration formalities in accordance with the Notice of Establishment of the Certification Institution issued by the State Accreditation and Supervision Commission, and obtain the Certification Institution Approval Form according to the registration formalities in accordance with the law;

(6) The State Accreditation and Supervision Commission shall make a public announcement to the public and publish on its website a list of certification institutions established according to law.

The State Accreditation and Regulatory Commission shall abide by the principles of rational allocation of resources, convenience, efficiency, openness and transparency in the examination and approval of certification bodies.

The eleventh certificate of certification authority is valid for 4 years.

If the certification authority needs to extend the validity period of the Certification Authority Approval, it shall apply to the State Accreditation and Regulatory Commission 90 days before the expiry date of the Certification Authority Approval.

The State Accreditation and Regulatory Commission shall review the establishment conditions and examination and approval procedures prescribed in these Measures for the certification institution that makes the application for continuation, and make a decision on whether to grant the continuation before the expiration of the validity period of the Certification Institution Approval Form.

Article 12 The establishment of subsidiaries and branches by a certification institution shall be conducted in accordance with the examination and approval procedures of the certification institution, and shall be approved by the State Accreditation and Supervision Commission and registered with the company registration authority according to law before engaging in certification activities within the scope of approval.

The establishment of a subsidiary by thirteenth certification bodies shall meet the following requirements:

(1) certification bodies have been employed for more than 2 years, and there are no illegal activities in 2 years.

(2) Subsidiaries meet the conditions for establishment as stipulated in Article 8 of these Measures and other laws and administrative regulations at the same time;

(three) a subsidiary is wholly owned or controlled by a certification body.

The establishment of a branch by fourteenth certification bodies shall meet the following requirements:

(1) certification bodies have been employed for more than 2 years, and there are no illegal activities in 2 years.

(two) the branch office has a fixed office space and necessary facilities.

(three) a branch company has 5 or more full-time certifications personnel in the relevant field.

(four) the organization where the branch is located is accredited by the institution.

(five) branch


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