(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)
Contents
Chapter I General Provisions
Chapter II Supervision and Control over Product Quality
Chapter III Liability and Obligation of Producers and Sellers
Concerning Product Quality
Section 1 Liability and Obligation of Producers Concerning
Product Quality
Section 2 Liability and Obligation of Sellers Concerning Product
Quality
Chapter IV Compensation for Damage
Chapter V Penalty Provisions
Chapter VI Supplementary Provisions
Chapter I
General Provisions
Article 1This Law is enacted to strengthen the supervision
and control over product quality, to define the liability for product
quality, to protect the legitimate rights and interests of users and
consumers and to safeguard the socio-economic order.
Article 2Anyone who conducts activities of production
and sale of any product within the territory of the People's Republic
of China must abide by this Law.
Product referred to in this law means a product which is processed
or manufactured for the purpose of sale.
This Law shall not apply to construction projects.
Article 3Producers and sellers shall be liable for
product quality in accordance with this Law.
Article 4It is prohibited to forge or falsely use
authentication marks, famous-and-excellent-product marks or other
product quality marks; it is prohibited to forge the origin of a product,
to forge or falsely use the name and address of a factory of another
producers; and it is prohibited to mix impurities or imitations into
products that are produced or sold, or pass a fake product off as
a genuine one, or pass a defective product off as a high-quality one.
Article 5The State shall encourage the popularization
of scientific methods in product quality control and the adoption
of advanced science and technology. The State shall encourage enterprises
to make their product quality meet and even surpass their respective
trade standards, the national and international standards. Units and
individuals that have made outstanding achievements in ensuring advanced
product quality control and in raising product quality to the advanced
international standards shall be awarded.
Article 6The department in charge of supervision
and control over product quality under the State Council shall be
responsible for nation-wide supervision and control over product quality.
The relevant departments under the State Council shall be responsible
for supervision and control over product quality within the scope
of their respective functions and responsibilities.
The administrative departments responsible for supervision over product
quality in the local people's governments at or above the county level
shall be in charge of supervision and control over product quality
within their administrative regions. The relevant departments in the
local people's governments at or above the county level shall be in
charge of supervision and control over product quality within the
scope of their respective functions and responsibilities.
Chapter II Supervision and Control over Product
Quality
Article 7The quality of a product shall be inspected
and proved to be up to the standards. No sub-standard product shall
be passed off as a product up to the standards.
Article 8Industrial products constituting possible
threats to the health or safety of human life and property must be
in compliance with the national standards and trade standards safeguarding
the health or safety of human life and property; In the absence of
such national standards or trade standards, the product must meet
the requirements for safeguarding the health or safety of human life
and property.
Article 9The State shall, in compliance with the
international quality control standards in general use, practise a
rule of authentication for enterprise quality system. an enterprise
may on voluntary basis apply to the department in charge of supervision
and control over product quality under the State Council or an authentication
agency approved by a department authorized by the department in charge
of supervision and control over product quality under the State Council
for authentication of enterprise quality system. With respect to the
enterprise which has passed the authentication, the authentication
agency shall issue an authentication certificate of enterprise quality
system.
The State shall practise a product quality authentication system by
making reference to the internationally advanced product standards
and technical requirements. An enterprise may on voluntary basis apply
to the department in charge of supervision and control over product
quality under the State Council or to an authentication agency approved
by a department authorized by the department in charge of supervision
and control over product quality under the State Council for authentication
of product quality. With respect to the enterprise which has passed
the authentication, the authentication agency shall issue a product
quality authentication certificate and permit it to use the product
quality authentication marks on its products or the packages thereof.
Article 10The State shall, with respect to product
quality, enforce a supervision and inspection system with random checking
as its main form. Products constituting possible threats to the health
or safety of human life and property, important industrial products
which have a bearing on the national economy and the people's livelihood,
and products with quality problems as reported by users, consumers
or relevant organizations shall be subjected to random checking. such
supervision and random checking shall be planned and organized by
the department in charge of supervision and control over product quality
under the State Council. The administrative departments responsible
for supervision over product quality of the local people's governments
at or above the county level may also organize supervision and random
checking within their respective administrative regions. However,
overlapping random checking shall be avoided. The results of random
checking of product quality shall be made public. Where the laws provide
otherwise with respect to the supervision over and inspection of product
quality, the provisions of such laws shall apply.
Products may be inspected if the supervision and random checking for
such products so require, but no fees shall be charged for such purposes
from the enterprises concerned. Expenses thus incurred shall be disbursed
in accordance with the relevant regulations of the State Council.
Article 11Product quality inspection institutions
must have appropriate testing facilities and capabilities, and shall
undertake the work of inspection of product quality only after being
examined and verified by a department in charge of supervisions and
control over product quality under the people's government at or above
the provincial level or an organization authorized by the department.
Where the laws, administrative rules and regulations provide otherwise
with respect to the product quality inspection institutions, the provisions
of such laws, rules and regulations shall apply.
Article 12Users and consumers shall have the right
to make inquiries to the producers and sellers about the quality of
their products. Where a complaint is made to a department in charge
of supervision and control over product quality or to an administrative
department for industry and commerce or to any other department concerned,
such department shall be responsible for the handling thereof.
Article 13Social organizations responsible for the
protection of the rights and interests of consumers may, with respect
to matters concerning product quality as reported by consumers, suggest
to the departments concerned that they handle the matters, and may
support consumers in bringing a suit to a people's court for the damage
caused by quality problems of products.
Chapter III Liability and Obligation of Producers
and Sellers Concerning Product Quality
Section 1
Liability and Obligation of Producers
Concerning Product Quality
Article 14Producers shall be liable for the quality
of the products they produce.
The products shall meet the following quality requirements:
(1) being free from unreasonable dangers threatening the safety of
human life and property, and conforming to the national standards
or trade standards safeguarding the health or safety of human life
and property where there are such standards;
(2) possessing the properties and functions that they ought to possess,
except for those with directions stating their functional defects;
(3) conforming to the product standards marked on the products or
the packages thereof, and to the state of quality indicated by way
of product directions, samples, etc.
Article 15All marks on the products or the packages
thereof shall meet the following requirements:
(1) with certification showing that the product has passed quality
inspection;
(2) with name of the product, name and address of the factory that
produced the product, all being marked in Chinese;
(3) with corresponding indications regarding the specifications, grade
of the product, the main ingredients and their quantities contained
in the product, where such particulars are to be indicated according
to the special nature and instructions for use of the product;
(4) with production date, safe-use period or date of invalidity if
the product is to be used within a time limit;
(5) with warning marks or warning statements in Chinese for products
which, if improperly used, may cause damage to the products per se
or may endanger the safety of human life or property.
Food products without package and other non-packed products which
are difficult to be marked because of their special nature may dispense
with product marks.
Article 16The packages of poisonous, dangerous or
fragile products, or products that should be kept upright during storage
and transportation, or other products with special requirements must
meet the corresponding requirements and carry warning marks or warning
statements in Chinese indicating directions for storage and transportation.
Article 17No producer may produce any product that
has been officially eliminated by the State.
Article 18No producer may forge the origin of a
product, nor forge or falsely use another producer name and address.
Article 19No producer may forge or falsely use another
producer authentication marks, famous-and-excellent-product marks
or other product quality marks.
Article 20In producing products, producers may not
mix impurities or imitations into the products, nor substitute a fake
product for a genuine one, a defective product for a high-quality
one, nor pass a substandard product off as a good-quality one.
Section 2
Liability and Obligation of Sellers Concerning
Product Quality
Article 21A seller shall practise a check-for-acceptance
system while replenishing his stock, and examine the quality certificates
and other marks.
Article 22A seller shall adopt measures to keep
the products for sale in good quality.
Article 23A seller may not sell invalid or deteriorated
products.
Article 24The marks of seller products shall conform
to the provisions of Article 15 of this Law.
Article 25A seller may not forge the origin of a
product, nor forge or falsely use another producer name and address.
Article 26A seller may not forge or falsely use
another producer authentication marks, famous-and-excellent-product
marks or other product quality marks.
Article 27In selling products, sellers, may not
mix impurities or imitations into the products, nor substitute a fake
product for a genuine one, a defective product for a high-quality
one, nor pass a substandard product off as a good-quality one.
Chapter IV
Compensation for Damage
Article 28A seller shall be responsible for
repair, or change, or refund of a product if it is sold under any
of the following circumstances, and, where the product has caused
any loss on users or consumers, the seller shall compensate for such
loss:
(1) not having the functions it ought to have, and no prior explanation
thereabout having been given by the seller;
(2) not conforming to the product standards marked on the product
or its package;
(3) not conforming to the state of quality indicated by way of product
directions or sample, etc.
After repair, change, refund or compensation has been made according
to the provisions of the preceding paragraph, if the liability is
attributed to the producer or to another seller who has supplied the
product (hereinafter referred to as supplier), the seller shall have
the right to recover his losses from the producer or the supplier.
Where a seller fails to make repair, change, refund or compensation
in accordance with the provisions in the first paragraph, the department
in charge of supervision over product quality or the administrative
department for industry and commerce shall order the seller to make
rectification.
Where contracts for purchase and sale of products or for processing
concluded between producers or sellers or between producers and sellers
provide otherwise, the parties concerned shall act in accordance with
the provisions of the contracts.
Article 29A producer shall be liable for compensation
if his defective product causes damage to human life or property other
than the defective product itself (hereinafter referred to as another
persons property).
A producer shall not be liable for compensation if he can prove the
existence of any of the following circumstances:
(1) The product has not been put in circulation;
(2) The defect causing the damage did not exist at the time when the
product was put in circulation;
(3) The science and technology at the time the product was put in
circulation was at a level incapable of detecting the defect.
Article 30Where damage to human life or another
person property is due to a products defect caused by the fault of
a seller, the seller shall be liable for compensation.
Where the seller can identify neither the producer of the defective
product nor the supplier thereof, the seller shall be liable for compensation.
Article 31Where a defective product causes damage
to human life or another persons property, the victim may claim compensation
from the producer and may also claim compensation from the seller
of such product. Where the liability falls on the producer, but the
seller has made the compensation, the seller shall have the right
to recover the loss from the producer. Where the liability falls on
the seller, but the producer has made the compensation, the producer
shall have the right to recover the loss from the seller.
Article 32Where bodily injury is caused by a product
due to its defect, the infringer shall compensate for the medical
expenses of the infringed, the decreased earning due to the loss of
his working time as well as the subsistence allowance if the infringed
is disabled; where such defect causes death to the infringed, the
infringer shall also pay the funeral expenses, the pension for the
family of the deceased and the living expenses necessary for any other
person(s) supported by the deceased before his death.
Where damage is caused to the property of the infringed due to the
defect of a product, the infringer shall restore the damaged property
to its original state, or pay compensation at the market price. Where
the infringed suffers any other serious losses, the infringer shall
also compensate for such losses.
Article 33The limitation period for bringing an
action for damages arising from the defect of a product is two years,
counting from the day when the party concerned knew or should have
known the infringement of his rights and interests.
The right to claim for damages arising from defective products shall
be forfeited upon completion of ten years from the day when the defective
product causing the damage is delivered to the first user or consumer,
except that the clearly stated safe-use period has not expired.
Article 34Defect referred to in this Law means the
unreasonable danger existing in product which endangers the safety
of human life or another person property; where there are national
or trade standards safeguarding the health or safety of human life
and property defect means inconformity to such standards.
Article 35Where a civil dispute concerning product
quality arises, the parties concerned may seek a settlement through
negotiation or mediation. If the parties are unwilling to resort to
negotiation or mediation, or negotiation or mediation proves to be
unsuccessful, they may apply to an arbitration organization for arbitration
as agreed upon between the parties; if the parties fail to reach an
arbitration agreement, they may bring a suit before a people's court.
Article 36The arbitration organization or the people's
court may entrust an organization in charge of product quality inspection
specified in Article 11 of this Law with product quality inspection.
Chapter V
Penalty Provisions
Article 37Where products produced do not comply
with the relevant national or trade standards safeguarding the health
or safety of human life and property, the producer shall be ordered
to stop the production, the products and earning illegally produced
and made shall be confiscated, and, a fine from twice to five times
the amount of the unlawful earnings shall be imposed concurrently,
and the business licence may be revoked; if the case constitutes a
crime, the offender shall be investigated for criminal responsibility
according to law.
Where products sold do not comply with the relevant national or trade
standards safeguarding the health or safety or human life and property,
the seller shall be ordered to stop the sale. If a seller intentionally
sells products not complying with the relevant national or trade standards
safeguarding the health and safety of human life and property, the
products for illegal sale and the unlawful earnings thus made shall
be confiscated. And a fine from twice to five times the unlawful earnings
shall be imposed concurrently, and the business licence may be revoked;
if the case constitutes a crime, the offender shall be investigated
for criminal responsibility according to law.
Article 38Where a producer or a seller mixes impurities
or imitations into a product, or passes a fake product off as a genuine
one, or passes a defective product off as a high-quality one, or passes
a substandard product off as a good-quality one, the producer or seller
shall be ordered to stop production or sale, the unlawful earnings
shall be confiscated. And a fine from twice to five times his unlawful
earning shall be imposed concurrently, and the business licence may
be revoked; if the case constitutes a crime, the offender shall be
investigated for criminal responsibility according to law.
Article 39Where a product which has been officially
eliminated by the State is produced, the producer shall be ordered
to stop the production, the products and earnings illegally produced
and made shall be confiscated. And a fine from twice to five times
the unlawful earnings shall be imposed concurrently, and the business
licence may be revoked.
Article 40Where invalid or deteriorated products
are sold, the seller shall be ordered to stop the sale, the products
for illegal sale and the unlawful earnings shall be confiscated. And
a fine from twice to five times the unlawful earnings shall be imposed
concurrently, and the business licence may be revoled; if the case
constitutes a crime, the offender shall be investigated for criminal
responsibility according to law.
Article 41Where a producer or a seller forges the
origin of a product or falsely uses another producer name and address,
or forges or falsely uses authentication marks, famous-and-excellent-product
marks or other product quality marks, the producer or seller shall
be ordered to make public rectification, and the unlawful earnings
shall be confiscated; a fine may be imposed concurrently.
Article 42Where anyone sells or purchases products
mentioned in Article 37 to 40 of this Law by offering or accepting
bribes or other unlawful means and if the case constitutes a crime,
the offender shall be in vestigated for criminal responsibility according
to law.
Article 43Where the marks of a product do not comply
with the provisions of Article 15 of this Law, the producer or seller
concerned shall be ordered to make rectification; where the marks
of the packed products do not comply with the provisions of item (4)
or (5) of Article 15 of this Law and if the case is serious, the producer
or seller concerned may be ordered to stop production or sale. And
a fine from 15% to 20% of the unlawful earnings may be imposed concurrently.
Article 44Whoever forges inspection data or inspection
conclusion of a product shall be ordered to make rectification, and
a fine from twice to three times the inspection fee may be imposed.
If the circumstance is serious, the business licence shall be revoked;
where the case constitutes a crime, the person held directly responsible
shall be investigated for criminal responsibility by applying mutatis
mutandis the provisions of Article 167 of the Criminal Law.
Article 45An administrative sanction in the form
of revocation of business licence provided for in this Law shall be
decided by the administrative department for industry and commerce,
while other administrative sanctions shall be decided by the department
responsible for supervision over product quality or the administrative
department for industry and commerce according to the functions and
powers prescribed by the State Council. Where the laws or administrative
rules and regulations provide otherwise as to the authorities exercising
the power of administrative sanctions, the relevant provisions of
such laws and administrative rules and regulations shall apply.
Article 46If a party is not satisfied with the decision
on administrative sanction, it may, within 15 days of receipt of the
sanction notice, apply for reconsideration to the authorities at the
next higher level over the authorities that have made the decision
on sanction; the party may also bring a suit in a people's court directly
within 15 days of receipt of the sanction notice.
The authorities responsible for reconsideration shall make a reconsideration
decision within 60 days of receipt of the application for reconsideration.
If a party concerned is not satisfied with the reconsideration decision,
it may bring a suit in a people's court within 15 days of receipt
of such decision. If no decision has been made by the authorities
responsible for reconsideration upon the expiry of the time limit,
the party concerned may bring an action in a people's court within
15 days of the expiry of the time limit for reconsideration.
If the party concerned does not apply for reconsideration, nor bring
a suit in a people's court upon the expiry of the time limit, nor
carry out the decision on sanction, the authorities that have made
the decision on sanction may apply to the people's court for compulsory
enforcement.
Article 47Any State functionary engaged in the work
of supervision and control over product quality, who abuses power,
neglects duty, engages in malpractice for private benefit, shall be
investigated for criminal responsibility if his act constitutes a
crime; if his act does not constitute a crime, he shall be subjected
to administrative sanction.
Article 48Any State functionary who clearly knows
that an enterprise, institution or individual has committed criminal
actions in violation of this Law, and takes advantage of his position
to protect the offenders intentionally from prosecution, shall be
investigated for criminal responsibility according to law.
Article 49Whoever, obstructs, by means of violence
or intimidation, State functionaries engaged in the work of supervision
and control over product quality from carrying out their duties according
to law shall be investigated for criminal resposibility in accordance
with the provisions of Article 157 of the Criminal Law; whoever refuses
or impedes, without resorting to violence or intimidation, State functionaries
engaged in the work of supervision and control over product quality
to carry out their duties shall be punished by the public security
organs in accordance with the relevant provisions of the Regulations
on Administrative Penalties for Public Security.
Chapter VI
Supplementary Provisions
Article 50Measures for supervision and control
over quality of military industrial products shall be formulated separately
by the State Council and the Central Military Commission.
Article 51This Law shall come into force as of September
1, 1993.
(In case of discrepancy, the original version in Chinese shall prevail.)