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Notice of the CNCA on Strengthening the Law Enforcement and Investigation of Unlicensed Illegal Acts in Compulsory Product Certification (Forwarded)

2017-11-03 16:23

To the inspection and quarantine bureaus directly under the State Council, the quality and technical supervision bureaus of all provinces, autonomous regions, municipalities directly under the Central Government, Xinjiang Production and Construction Corps, and Tianjin Municipal Market and Quality Supervision and Administration Commission:
In order to thoroughly implement the national work plan to combat the infringement of intellectual property rights and the manufacture and sale of counterfeit and shoddy goods, and implement the work policy of "quality, safety, development, and quality inspection", the CNCA decided to further strengthen the law enforcement and investigation of the unauthorized delivery, sale, import, or use in other business activities (hereinafter referred to as "unlicensed acts") of products listed in the compulsory product certification catalogue, Promote the exertion of the essential attribute of "safety protection" of compulsory product certification, and ensure the healthy development of compulsory product certification system. The relevant requirements are hereby notified as follows:
1、 Strengthen leadership and organizational guarantee
Quality inspection departments at all levels should fully understand the importance of law enforcement and punishment of unlicensed acts in ensuring the effectiveness of the compulsory product certification system and safeguarding the rights and interests of consumers, effectively improve their ideological awareness, and attach great importance to the development of this work. All bureaus should strengthen the organization and leadership, improve the internal coordination mechanism, strengthen mutual cooperation while doing a good job within the scope of their duties, build a good situation of mutual support and joint management, and form a working force.
2、 Strengthen supervision and establish mechanism
The quality inspection departments at all levels shall strictly perform their duties in accordance with the requirements of the Regulations of the People's Republic of China on Certification and Accreditation, the Regulations on the Administration of Compulsory Product Certification and other laws and regulations, strengthen the supervision of the manufacturers and importers of the products in the compulsory product certification catalogue, and strictly control the market access of the compulsory product certification. The products in the catalogue without the compulsory product certification are not allowed to leave the factory, sell, import or use in other business activities, Prevent unlicensed goods from entering the market.
Each bureau shall, in combination with the actual work in its jurisdiction, formulate a long-term mechanism for the investigation of undocumented acts, and carry out the investigation and punishment of undocumented acts on an annual basis. We should pay constant attention to the unlicensed behavior, form a high-pressure situation, and focus on the following contents: first, whether the products delivered, sold and imported have obtained the compulsory product certification; The second is whether the manufacturer has established a management mechanism and use record for the use of mandatory product certification marks; The third is whether there is any behavior of the enterprise to leave the factory and sell the products in the catalog without authorization before obtaining the certificate or during the suspension of revocation.
3、 Strengthen supervision and strict law enforcement
The provincial quality supervision bureaus and the inspection and quarantine bureaus directly under them should strengthen the guidance and supervision of the municipal and county quality supervision bureaus and the inspection and quarantine branches, and conduct them at all levels, so as to form a good situation of "focusing on the implementation at all levels". On the one hand, it is required to strengthen the inspection and enforcement of unlicensed acts by the municipal and county quality supervision bureaus and inspection and quarantine branches; On the other hand, we should carry out guidance, improve the administrative law enforcement ability of compulsory product certification of grass-roots quality inspection institutions, solve problems in time, and effectively promote the work.
The quality inspection departments at all levels should continuously strengthen the administrative law enforcement, strictly enforce the law and seriously deal with the acts without certificates and the acts of forgery and fraudulent use of compulsory product certification certificates and marks in accordance with the provisions of laws and regulations, and effectively deter illegal enterprises.
4、 Summarize and give feedback in time
All bureaus should timely sort out statistics and analyze the investigation and administrative law enforcement of unlicensed acts this year, timely report to the certification administrative law enforcement information reporting system, and add the content of law enforcement investigation and punishment of unlicensed acts in the summary of mandatory product certification risk information analysis and early warning reported on November 15 each year, including the number of cases and typical cases of unlicensed acts investigated and dealt with throughout the year (see annex). All bureaus should strengthen the construction of the linkage mechanism between the upper and lower levels in the work of law enforcement and investigation, and should report to the Commission in a timely manner for administrative penalty cases with greater social impact and cases involving administrative reconsideration and administrative litigation. For cases where the basis, scope and procedure of law enforcement are unclear or controversial, we should ask for instructions when necessary.
Cai Yugang, Policy and Legal Affairs Department
Tel: 010-82262734
Certification Supervision Department: Wang Junfeng, Wang Yali
Tel: 010-82262754, 82262718
E-mail: wangyl@cnca.gov.cn