To promote the standardized and healthy development of the certification industry, in accordance with the relevant provisions of the *Regulations of the People's Republic of China on Certification and Accreditation* and the *Administrative Measures for Certification Bodies*, the following requirements for strengthening the management of certification rules are hereby announced:

 

I. Scope of Application

 

This announcement applies to certification rules formulated by certification bodies that have obtained the corresponding certification qualifications but have not yet been formulated or jointly formulated and issued by the Certification and Accreditation Administration of the People's Republic of China with relevant departments of the State Council.

 

II. Principles and Requirements

 

Certification bodies are the primary responsible parties for certification activities and shall be responsible for the legality, compliance, authenticity, completeness, scientificity, and applicability of the certification rules they formulate. They shall bear the primary responsibility for the formulation and implementation of certification rules and make a public commitment. The formulation of certification rules shall comply with the following principles:

 

(I) It shall not conflict with national laws, administrative regulations, departmental rules, administrative normative documents, and policy provisions.

 

(II) It shall not conflict with existing national or local administrative licensing regulations.

 

(III) It shall not conflict with the basic certification standards and certification rule requirements formulated or jointly formulated and issued by the Certification and Accreditation Administration of the People's Republic of China with relevant departments of the State Council.

 

(iv) Certification rules must not conflict with existing mandatory national standards; exceeding national and industry standards is encouraged.

 

(v) Certification rules must not violate public order and good morals or the public interest.

 

(vi) Without the overall coordination of the Certification and Accreditation Administration of the People's Republic of China (CNCA), certification rules involving national security, political organizations, social customs, ethnic and religious fields must not be filed.

 

(vii) Certification rules must not violate intellectual property rights or confidentiality regulations.

 

(viii) The formulation, filing, and use of product, service, and management system certification rules must not be confused.

 

(ix) Certification rules must not violate the principles of a unified national market and fair competition.

 

(x) Certification rules must not violate the relevant requirements of the CNCA.

 

III. Management Requirements

 

Certification bodies that formulate their own certification rules shall establish management systems for certification rule project initiation and justification, specification drafting, conformity self-inspection, acceptance review, implementation effect evaluation, and dynamic maintenance, and retain relevant records. Certification rules whose certification results are only used overseas may be subject to a self-declaration commitment to compliance with management requirements.

 

(I) Project Approval

 

The proposed certification rules shall be managed as projects, and a project approval procedure shall be established to demonstrate that the proposed development projects comply with the principles and requirements of this announcement and that the certification basis used is appropriate.

 

(II) Standard Drafting

 

Certification rules shall be drafted in accordance with the requirements of standards such as GB/T 27007 *Conformity Assessment - Guidelines for the Preparation of Normative Documents for Conformity Assessment*, GB/T 27060 *Conformity Assessment - Good Manufacturing Practices*, and GB/T 27067 *Conformity Assessment - Fundamentals of Product Certification and Guidelines for Product Certification Schemes*, ensuring that they meet the requirements of stakeholders and impartiality.

 

(III) Self-Inspection of Conformity

 

After the certification rules are drafted, the certification body shall establish a self-inspection procedure for conformity, conducting a self-inspection of all contents of the certification rules to ensure they comply with the principles, content requirements, and regulatory requirements of this announcement, and generating a self-inspection report.

 

(IV) Acceptance Review

 

An acceptance review shall be conducted before the certification rules are issued and implemented. Certification bodies shall establish acceptance review procedures. Acceptance review experts must be able to represent stakeholders, and an appropriate proportion of external experts may be engaged when necessary. Acceptance reviews shall produce conclusive opinions and a report.

 

(V) Implementation Effectiveness Evaluation

 

After the certification rules are issued and implemented, certification bodies shall periodically (not exceeding two years) evaluate the implementation effectiveness of the certification rules based on the actual operation of the project. The evaluation content shall include the continued compliance with the principles and regulatory requirements of this announcement, the resources required for certification implementation (qualifications, personnel, testing resources, technical support, etc.), the status of certified organizations, the certification implementation status, and the acceptance of certification results, and an evaluation report shall be prepared.

 

(VI) Dynamic Maintenance

 

Certification bodies shall establish a dynamic maintenance procedure for certification rules. They shall promptly understand and identify adjustments and changes to the relevant laws, administrative regulations, departmental rules, administrative normative documents, standards and technical specifications, certification resources, etc., related to the certification rules, as well as feedback from relevant parties, and promptly revise, improve, cancel the filing, or suspend the implementation of the certification rules to ensure their legality, compliance, scientific validity, and applicability.

 

IV. Content Requirements

 

(I) General Requirements

 

The certification rules shall include at least the following:

 

1. Scope of application.

 

2. Certification basis: Technical specifications, mandatory requirements of technical specifications, or standards.

 

3. Certification implementation procedures, including application, application review, evaluation (including audit, inspection, testing, review, etc.), verification, certification decision, and, where applicable, surveillance and recertification.

 

4. Requirements for certification certificates and certification marks.

 

5. Regulations and requirements for certification certificate status management.

 

(II) Specific Requirements for Each Certification Category

 

1. Product Certification

 

Product certification rules shall also include certification models, unit divisions (where applicable), etc.

 

2. Management System Certification

 

Management system certification rules shall also include program planning, audit reports, nonconformity correction and corrective actions and their verification, etc.

 

3. Service Certification

 

Service certification rules shall also include certification models and field divisions, etc.

 

(III) Other Requirements

 

1. The name of the certification rule shall be clear and unambiguous. Certification bodies shall not, without authorization, use words such as "China," "Chinese," "National," or "State" in the names of certification rules, certification marks, or certification certificate designs; they shall not use judgmental adjectives such as "super," "advanced," "leading," "leading," or "first-class" in violation of relevant national policies; and they shall not use names of certification rules, certification certificates, or certification marks that are identical or similar to those of certification rules under a nationally unified certification system.

 

2. The name, number, version information, issuing organization, and publication/implementation date of the certification rule shall be consistent with the information displayed in the full text of the certification rule.

 

3. The name, number, issuing organization, and publication/implementation date of the certification basis shall be consistent with the information displayed in the full text of the certification basis.

 

4. The selection of certification basis shall be reasonable and appropriate, and its content shall cover the main technical requirements, management requirements, and control processes consistent with the certification characteristics of the filed certification rule.

 

V. Filing Requirements

 

(I) Filing Content

 

1. Information related to the certification rule. The certification rules should include the certification category and field to which they belong, the name, number, version information, status indicator, issuing organization information, publication/implementation date, and method of publication or accessibility; the name, number, issuing organization, and publication/implementation date of the technical specifications, mandatory requirements of technical specifications, or standards on which the certification rules are based; the name, style, style, and issuing organization of the certification certificate, certification certificate, certification mark, etc. See the "Certification Rules Filing Information Form" (see attachment) for details.

 

2. The full text of the certification rules. If it is a foreign language version, a translated Chinese version should be attached.

 

3. The full text or accessibility of the technical specifications, mandatory requirements of technical specifications, or standards on which the certification rules are based.

 

(II) Filing Process

 

1. Submitting for Filing

 

Certification rules formulated by the certification body itself should be submitted for filing within 30 days of publication through the "Unified Reporting Platform for Certification and Accreditation Business Information (http://report.cnca.cn)" using the "Certification Rules Filing" function module.

 

2. Revision and Filing

 

If a filed certification rule is revised, the certification body shall resubmit the filing within 30 days of the revision's publication. The filing content and requirements remain the same as above. The original filed certification rule shall be retained.

 

3. Cancellation of Filing

 

If a filed certification rule is repealed, the certification body shall cancel the filing within 30 days of the repeal through the "Unified Reporting Platform for Certification and Accreditation Business Information" using the "Certification Rule Filing" function module. Cancelled certification rules shall be retained.

 

VI. Regulatory Requirements

 

(I) Certification bodies shall, in accordance with the relevant provisions of the "Regulations of the People's Republic of China on Certification and Accreditation" and the "Administrative Measures for Certification Bodies," publish their certification rules and related information to the public through their websites or other means, and ensure their authenticity and validity.

 

(II) Certification bodies shall conduct certification activities in accordance with the formulated or revised filed certification rules, and submit certification information to the Certification and Accreditation Administration of China (CNCA) in accordance with the relevant provisions of the "Administrative Measures for Certification Bodies."

 

(III) After the Certification and Accreditation Administration of the People's Republic of China (CNCA) formulates or jointly formulates and issues with relevant departments of the State Council a certification rule belonging to a new certification field, certification bodies shall no longer conduct certification activities based on previously filed certification rules.

 

(IV) Certification bodies shall accurately identify the certification field to which their self-formulated certification rules belong and file the certification rules in the approved certification field. If a certification body conducts certification based on certification rules filed beyond the approved certification field, it will be punished in accordance with the relevant provisions of the "Regulations of the People's Republic of China on Certification and Accreditation," and the issued certification certificate will have no evidentiary value.

 

(V) The CNCA will establish a risk assessment mechanism and organize inspections of certification rules. If an inspection finds that a violation of the relevant requirements of this announcement has been found, the corresponding certification body will be ordered to rectify the situation up to and including the return of its filing. If the filing is returned, the certification body shall properly dispose of the issued certification certificates.

 

(VI) When the CNCA and local market supervision departments conduct supervision and inspection of the relevant certification activities carried out by certification bodies, the filed certification rules will be used as the basis for inspection.

 

(VII) Certification bodies that fail to file certification rules within the scope of filing as required by this announcement, or that fail to conduct relevant certification activities in accordance with the filed certification rules, will be dealt with by the Certification and Accreditation Administration of the People's Republic of China in accordance with the "Regulations on Certification and Accreditation of the People's Republic of China" and the "Administrative Measures for Certification Bodies."

 

VII. Other Matters

 

(I) This announcement shall take effect from the date of its issuance, and the "Announcement of the Certification and Accreditation Administration of the People's Republic of China on the Filing of Certification Rules" (Announcement No. 18 of 2015) shall be repealed simultaneously.

 

(II) Within 90 days, certification bodies shall conduct a self-inspection of the certification rules that have been submitted for filing in accordance with the "Announcement of the Certification and Accreditation Administration of the People's Republic of China on the Filing of Certification Rules" (Announcement No. 18 of 2015), complete the identification, sorting, supplementation, and improvement of the filing content, and submit the full text of the filed certification rules and the full text or available information of the corresponding certification basis, etc. If the number of filed certification rules exceeds 200 as of the date of this announcement, the period may be extended by another 90 days.

 

(III) The relevant information in the "Certification Rules Filing Information Form" published on the "National Certification and Accreditation Information Public Service Platform" of the Certification and Accreditation Administration of the People's Republic of China website will not be published in full.

 

(IV) Certification bodies implementing certification rules from other sources (including authorized sources) shall follow the provisions of this announcement.

 

Attachment: Certification Rules Filing Information Form

 

 

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