People's Republic of China (PRC) and National Metrology Law
(1adopted at the 12th meeting of the Standing Committee of the 6th NPC on September 6th, 985)
Chapter I General Principles
Article 1 This Law is formulated in order to strengthen the supervision and administration of measurement, ensure the unity of national measurement units and the accuracy and reliability of measurement values, promote the development of production, trade, science and technology, meet the needs of socialist modernization, and safeguard the interests of the people of the country.
Article 2. The establishment of standard instruments of measurement and standard instruments of measurement, metrological verification, manufacture, repair, sale and use of measuring instruments within the territory of People's Republic of China (PRC) must abide by this Law.
Article 3 The State adopts the international system of units.
The international system of units of measurement and other units of measurement selected by the state are the national legal units of measurement. The names and symbols of national legal units of measurement are published by the State Council. Non-national legal units of measurement should be abolished. The measures for abolition shall be formulated by the State Council.
Article 4 The metrological administrative department of the State Council shall exercise unified supervision and management over the national metrological work. The metrological administrative departments of the local people's governments at or above the county level shall supervise and administer the metrological work within their respective administrative areas.
Chapter II Metrological Standards, Metrological Standards and Metrological Verification
Article 5 The metrological administrative department of the State Council shall be responsible for establishing various metrological standards as the highest basis for unifying national values.
Article 6 The metrological administrative department of the local people's government at or above the county level shall, according to the needs of the local area, establish public standard instruments of measurement, which shall be used after passing the examination presided over by the metrological administrative department of the people's government at a higher level.
Article 7 The relevant competent departments in the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government may, according to the special needs of their own departments, establish standards of measurement used by their own departments, and the highest standards of measurement have passed the examination presided over by the metrological administrative department of the people's government at the same level.
After use.
Article 8 Enterprises and institutions may, according to their needs, establish standard instruments of measurement for their own use, and the highest standard instruments of measurement shall be used after passing the examination presided over by the metrological administrative department of the relevant people's government.
Article 9 The metrological administrative department of the people's government at or above the county level shall carry out compulsory verification of the public standard instruments of measurement, the highest standard instruments of measurement used by departments, enterprises and institutions, and the working measuring instruments listed in the compulsory verification catalogue of trade settlement, safety protection, medical and health care and environmental monitoring. Those who fail to apply for verification according to regulations or fail to pass the verification shall not be used. The catalogue and management measures of working measuring instruments subject to compulsory verification shall be formulated by the State Council.
Other standard measuring instruments and working measuring instruments other than those specified in the preceding paragraph shall be regularly verified by the users themselves or sent to other metrological verification institutions for verification, and the metrological administrative department of the people's government at or above the county level shall conduct supervision and inspection.
Tenth metrological verification must be carried out in accordance with the national metrological verification system table. The national metrological verification system table shall be formulated by the metrological administrative department of the State Council.
Metrological verification must implement metrological verification regulations. The national metrological verification regulations shall be formulated by the metrological administrative department of the State Council. If there are no national metrological verification regulations, the relevant competent departments in the State Council and the metrological administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall respectively formulate departmental metrological verification regulations and local metrological verification regulations, and report them to the metrological administrative department of the State Council for the record.
Eleventh metrological verification work should be carried out in accordance with the principle of economy and rationality.
Chapter III Management of Measuring Instruments
Article 12 Enterprises and institutions that manufacture or repair measuring instruments must have facilities, personnel and verification instruments and equipment suitable for the measuring instruments they manufacture or repair, and have passed the examination by the metrological administrative department of the people's government at or above the county level and obtained the License for Manufacturing Measuring Instruments or the License for Repairing Measuring Instruments. If an enterprise that manufactures or repairs measuring instruments has not obtained the License for Manufacturing Measuring Instruments or the License for Repairing Measuring Instruments, the administrative department for industry and commerce shall not apply for a business license.
Thirteenth enterprises and institutions that manufacture measuring instruments to produce new measuring instruments that have not been produced by their own units must pass the measurement performance assessment of their samples by the metrological administrative department of the people's government at or above the provincial level before they can be put into production.
Article 14 Without the approval of the metrological administrative department of the State Council, it is forbidden to manufacture, sell or import measuring instruments of non-legal measuring units abolished by the State Council and other measuring instruments prohibited by the State Council.
Fifteenth enterprises and institutions that manufacture or repair measuring instruments must verify the measuring instruments manufactured or repaired to ensure that the measuring performance of products is qualified, and issue product certificates for qualified products.
The metrological administrative department of the people's government at or above the county level shall supervise and inspect the quality of measuring instruments manufactured or repaired.
Sixteenth imported measuring instruments must be verified by the metrological administrative department of the people's government at or above the provincial level before they can be sold.
Seventeenth the use of measuring instruments shall not damage the accuracy of measuring instruments, and shall not harm the interests of the state and consumers.
Eighteenth individual industrial and commercial households can manufacture and repair simple measuring instruments.
Individual industrial and commercial households that manufacture or repair measuring instruments must pass the examination by the metrological administrative department of the people's government at the county level, and can only apply to the administrative department for industry and commerce for a business license after issuing a License for Manufacturing Measuring Instruments or a License for Repairing Measuring Instruments.
The scope and management measures for manufacturing and repairing measuring instruments by individual industrial and commercial households shall be formulated by the metrological administrative department of the State Council.
Chapter IV Metrological Supervision
Article 19 The metrological administrative department of the people's government at or above the county level shall set up metrological supervisors as required. Measures for the administration of metrological supervisors shall be formulated by the metrological administrative department of the State Council.
Article 20 The metrological administrative department of the people's government at or above the county level may set up metrological verification institutions according to needs, or authorize metrological verification institutions of other units to perform compulsory verification and other verification and testing tasks.
Personnel who perform the verification and testing tasks specified in the preceding paragraph must pass the examination.
Article 21 Disputes arising from the accuracy of measuring instruments shall be handled according to the data verified by the national standard instruments of measurement or the public standard instruments of measurement.
Twenty-second product quality inspection institutions that provide notarized data to the society must be qualified by the metrological administrative department of the people's government at or above the provincial level for their metrological verification and testing ability and reliability evaluation.
Chapter V Legal Liability
Article 23 Whoever manufactures or repairs measuring instruments without obtaining the License for Manufacturing Measuring Instruments or the License for Repairing Measuring Instruments shall be ordered to stop production and business, his illegal income shall be confiscated and he may also be fined.
Article 24 Whoever manufactures or sells new measuring instruments that have not passed the examination shall be ordered to stop manufacturing or selling, his illegal income shall be confiscated and he may also be fined.
Article 25 If the measuring instruments manufactured, repaired or sold are unqualified, the illegal income shall be confiscated and a fine may be imposed.
Twenty-sixth measuring instruments that fall within the scope of compulsory verification, if they fail to apply for verification or continue to use after verification, shall be ordered to stop using and may also be fined.
Article 27 Whoever uses unqualified measuring instruments or damages the accuracy of measuring instruments, thus causing losses to the state and consumers, shall be ordered to compensate for the losses, confiscate the measuring instruments and illegal income, and may also be fined.
Article 28 Whoever manufactures, sells or uses measuring instruments for the purpose of deceiving consumers shall have his measuring instruments and illegal income confiscated and be fined; If the circumstances are serious, the person who is directly responsible for the individual or unit shall be investigated for criminal responsibility according to the crime of fraud or speculation.
Article 29 Whoever, in violation of the provisions of this Law, manufactures, repairs or sells unqualified measuring instruments, causing personal injury or heavy property losses, shall be investigated for criminal responsibility by applying mutatis mutandis the provisions of Article 187 of the Criminal Law.
Thirtieth measurement supervisors who violate the law and dereliction of duty, if the circumstances are serious, shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law; If the circumstances are minor, administrative sanctions shall be imposed.
Article 31 The administrative punishment prescribed in this Law shall be decided by the metrological administrative department of the local people's government at or above the county level.
The administrative punishment prescribed in Article 27 of this Law may also be decided by the administrative department for industry and commerce.
Article 32 If a party refuses to accept the decision on administrative punishment, he may bring a suit in a people's court within 15 days from the date of receiving the notice of punishment; If the decision on administrative punishment of fines and confiscation of illegal income fails to bring a lawsuit or perform it at the expiration of the time limit, the organ that made the decision on administrative punishment shall apply to the people's court for compulsory execution.
Chapter VI Supplementary Provisions
Article 33 Measures for the supervision and administration of the metrological work of the China People's Liberation Army and the national defense science, technology and industry system shall be separately formulated by the State Council and the Central Military Commission (CMC) in accordance with this Law.
Article 34 The metrological administrative department of the State Council shall formulate detailed rules for implementation in accordance with this Law and submit them to the State Council for approval and implementation.
Article 35 This Law shall come into force as of 1 July 19861day.