Notice from the State Administration for Market Regulation on Strengthening Market Supervision of Certification and Testing
Release Time:2018-09-30
To the Administration for Industry and Commerce, Quality and Technical Supervision Bureau, Market Supervision and Administration Department of each province, autonomous region, and municipality directly under the central government, and the Market Supervision and Administration Bureau of Xinjiang Production and Construction Corps:
Quality certification is a fundamental system for strengthening quality management and improving market efficiency under market economy conditions. It is an important lever for deepening the "streamlining administration, delegating powers, and improving services" reform and promoting supply side structural reform. At present, certification and testing activities are flourishing, playing an important role in serving the manufacturing industry, ecological environment, strategic emerging industries, and other aspects. As of now, there are a total of 470 certification agencies nationwide, with 1.75 million valid certification certificates, involving over 580000 certified organizations; There are a total of 36327 inspection and testing institutions nationwide, issuing an average of 376 million inspection and testing reports annually. However, there are still problems in some certification and testing fields, such as non-standard procedures, low effectiveness, weak sense of enterprise acquisition, and "chaotic certification and testing".
In order to fully implement the requirements of the "streamlining administration, delegating powers, and improving services" reform and the spirit of the "13th Five Year Plan" for market supervision, and in accordance with the requirements of the "Opinions of the State Council on Strengthening the Construction of Quality Certification System and Promoting Total Quality Management" (Guofa [2018] No. 3) on strengthening the in-process and post supervision of certification, accreditation, inspection and testing activities, the relevant requirements for further strengthening the supervision of the certification and testing market are hereby notified as follows:
1、 Fully understand the significance of strengthening and improving the supervision of the certification and testing market
Certification and testing work is the main carrier of the quality certification system, and is an internationally recognized and socially applicable market-oriented evaluation tool that proves that various market entities comply with relevant technical standards or specifications. Strengthening and improving the supervision of the certification and testing market is an important guarantee for realizing the essential attribute and role of quality certification in "transmitting trust and serving development", and is also an important component of the large market supervision system. Market regulatory departments at all levels should fully recognize the importance of strengthening the supervision of the certification and testing market in maintaining fair competition among various market entities, eliminating the phenomenon of "bad money driving out good money" in the certification and testing industry, and realizing the survival of the fittest in the industry. They should regard the supervision of the certification and testing market as an important part of their daily regulatory work, play a comprehensive regulatory role, and work tirelessly to further implement the requirements of the "streamlining administration, delegating powers, and improving services" reform, and create a favorable market access environment, competitive environment, and consumption environment.
2、 Guided by problems, accurately grasp regulatory priorities
Market regulatory departments at all levels should, based on the professional characteristics and main process links of certification and testing work, sort out and analyze the actual situation of the certification and testing industry, take problems as the guide, grasp key points, accurately position, and deeply carry out certification and testing market supervision work.
(1) For voluntary certification areas such as management systems, services, and general industrial product certification. Market regulatory departments at all levels should increase the proportion of spot checks and supervision on certification bodies that have been found to have many problems in previous supervision and newly approved certification bodies, focusing on the following illegal and irregular behaviors: firstly, the illegal behavior of certification bodies buying and selling certificates; Secondly, the certification records do not match the actual situation, and the audit of key processes is not in place; Thirdly, auditors/inspectors arbitrarily reduce on-site audit time or even fail to attend the site; The fourth is that auditors/inspectors collect red envelopes and demand unreasonable travel, accommodation, and food expenses.
(2) For the field of food and agricultural product certification. Market supervision departments at all levels should strengthen the supervision of the production, processing, and sales activities of certified food and agricultural products, with a focus on inspecting the following illegal and irregular behaviors: firstly, certification agencies arbitrarily lower organic certification standards, conduct on-site inspections to avoid major issues and focus on minor ones, product testing cannot cover all types of certified products, and certification decisions become mere formalities; Secondly, enterprises forge or falsely use organic certification marks or organic codes; The third is the use of prohibited input substances in organic certification bases.
(3) Regarding the field of mandatory product certification. Market regulatory departments at all levels should focus on inspecting the following illegal activities: firstly, products listed in the catalog are not certified, and are shipped, sold, or imported without authorization; During the revocation or suspension of the certification certificate, products that do not meet the certification requirements will continue to be manufactured, sold, or imported; The third is forging, impersonating, buying and selling CCC certificates, etc.
(4) For ecological environment monitoring agencies and motor vehicle inspection agencies. Market regulatory departments at all levels should focus on inspecting the following illegal activities: firstly, during the implementation of the "three inspections in one" policy, diesel truck exhaust testing is falsified, vehicle environmental monitoring parameters are blocked and modified, and there are violations such as missing items, repeated charges, etc; The second issue is that the qualification certification and monitoring capability scope of environmental monitoring institutions, instrument and equipment calibration, use of standard substances, monitoring reports, and original records do not meet the requirements.
(5) Regarding the qualification certification of inspection and testing institutions. Market regulatory departments at all levels should focus on inspecting the following illegal activities: firstly, failing to obtain qualification recognition in accordance with the law, and issuing data and results with certification function to the society without authorization; Secondly, conducting inspection and testing activities beyond the scope of inspection and testing capabilities specified in the qualification certification; The third is the illegal and irregular behavior of providing certification data or results to the society without inspection and testing or by tampering with data or results.
(6) For accredited laboratories and inspection agencies. Strengthen supervision and management, guide accreditation institutions to carry out special governance actions, and focus on inspecting the following non-standard behaviors: firstly, conducting testing, calibration, and inspection activities beyond the scope of the accreditation certificate's testing, calibration, and inspection capabilities; The second issue is the inability to consistently maintain equipment and personnel capabilities within the recognized range, which affects the effectiveness of testing, calibration, and inspection results.
3、 Using "double random, one public" as the basic means, fulfill regulatory responsibilities in accordance with the law
(1) Strictly perform duties in accordance with the law. Market regulatory departments at all levels shall, in accordance with the requirements of laws and regulations such as the Certification and Accreditation Regulations of the People's Republic of China, the Management Measures for Certification Bodies, the Management Measures for Qualification Recognition of Inspection and Testing Institutions, and the Regulations on the Management of Compulsory Product Certification, carry out daily supervision and random inspections of certification and testing activities and results within their jurisdiction according to their statutory responsibilities, and seriously investigate and punish illegal and irregular certification and testing behaviors in accordance with the law.
(2) Fully implement the requirements of "double random, one open" regulatory work. Market regulatory departments at all levels should conduct supervision and inspection of certification agencies, certified enterprises, and inspection and testing institutions within their jurisdiction using the basic inspection method of "double random, one public". Market supervision departments at all levels can use the certification and accreditation comprehensive supervision platform and qualification certification certificate query platform to query information on certification institutions, certified enterprises, certification certificates, and national inspection and testing institution qualification certification certificates in the certification fields of mandatory products, management systems, services, voluntary industrial products, food and agricultural products. They can establish a directory of certification and testing market entities in their jurisdiction, randomly select inspection objects (certification and testing institutions, certified enterprises), and increase the weight of spot checks on certification and testing institutions, regions, industries, and products with frequent problems.
(3) Strictly investigate and punish illegal and irregular issues in certification and testing, and carry out a special campaign to rectify the chaos in certification and testing. Market regulatory departments at all levels must strictly investigate and punish certification and testing behaviors that violate laws and regulations in accordance with the provisions of laws and regulations. For certification bodies that engage in certification activities without approval, beyond the approved scope, add or omit certification rules and procedures; Inspection and testing institutions that tamper with data and issue false testing data and results, and violate laws and regulations, will be severely investigated and dealt with in accordance with the law. Units or individuals who discover management or technical issues should be ordered to rectify, with clear rectification requirements and follow-up monitoring and implementation.
Recently, market regulatory departments at all levels should carry out special rectification actions in response to the problem of "chaotic certification and testing" reflected in society. In particular, we must focus on cracking down on illegal and irregular certification activities such as "unauthorized certification activities; buying and selling certificates, going through key certification processes; certification personnel receiving red envelopes and demanding unreasonable travel and accommodation expenses; inspection and testing institutions conducting testing without qualification certification, and testing beyond the scope of qualification certification". We must firmly eliminate problems and focus on investigating a number of major cases, severely crack down on illegal and irregular certification and testing behaviors, and maintain a fair, just and standardized certification and testing market environment.
Among them, the planned "double random" special inspection of the 2018 quality management system certification results will be carried out together with this special rectification work.
4、 Strengthen organizational leadership and implement work guarantees
(1) Strengthen leadership and organizational support. We must attach great importance to the supervision of the certification and testing market, strengthen leadership, organize carefully, communicate and coordinate effectively, strengthen manpower, funding, and technical equipment support, deploy carefully, and promote solidly.
(2) Develop plans and implement responsibilities. We should comprehensively consider the actual situation within our jurisdiction, scientifically and reasonably formulate regulatory work plans, implement the regulatory and law enforcement responsibility system, clarify the targets and responsibilities of law enforcement investigations, and effectively decompose work tasks and strictly implement them.
(3) Strengthen linkage, promote and guide. We should combine the responsibilities and characteristics of market regulatory departments in various regions, study and establish a complementary and collaborative mechanism for certification and testing market supervision and law enforcement, information transmission, and departmental linkage, and do a good job in undertaking and coordinating the regulatory responsibilities of the certification and testing market. With the help of the Internet, news media and other channels, timely disclose the information of illegal cases, centrally publish a batch of typical cases of authentication and detection violations, improve the influence and deterrence of supervision, and effectively form a publicity momentum.
(4) Establish sound mechanisms and promote long-term progress. It is necessary to develop a long-term mechanism for the supervision of the certification and testing market, continue to increase the training and training of grassroots law enforcement personnel, establish a stable and professional team of supervision experts, improve the smooth application, complaint and reporting channels, study and establish a credit supervision mechanism, and be good at using "big data" and "Internet plus" and other means to improve the efficiency of supervision.
(5) Summarize and report in a timely manner. We need to strengthen work summary and communication, and timely summarize and analyze the supervision of the certification and testing market. Report to the State Administration for Market Regulation in a timely manner any illegal cases that have a significant impact on society, or cases involving administrative reconsideration or litigation.
The State Administration for Market Regulation will conduct timely supervision and research on the supervision of certification and testing markets in various regions. Market regulatory departments at all levels should effectively implement various tasks, truthfully reflect the progress and effectiveness of regulatory work, identified problems and disposal measures, and ensure the quality of regulatory work.
the State Administration for Market Regulation
September 25, 2018