Market Supervision Administration. The notice of the State Council on the establishment of institutions is based on the third plenary session of the nineteenth session of the party's consideration and adoption of the "deepening of the party and state institutional reform program", the first meeting of the thirteenth national people's congress to consider and approve the institutional reform program of the State Council and the State Council's first executive meeting to consider and adopt the State Council ad hoc institutions directly under the State Council, directly under the State Council, the offices, directly under the State Council business unit set up program on the State Council institutions. Setting issued a notice. Issued by the State Council on March 22, 2018 and implemented.
Legal basis:
Provisions on the Functional Configuration, Internal Institutions and Staffing of the State Administration for Market Supervision and Administration
Article 1 In accordance with the "Decision of the Central Committee of the C*** on Deepening the Reform of the Party and State Institutions", "Program for Deepening the Reform of the Party and State Institutions", and "Program for the Reform of the State Institutions", which were considered and passed by the Third Plenary Session of the 19th CPC Central Committee, and the First Meeting of the Thirteenth National People's Congress Approved by the First Session of the Thirteenth National People's Congress, the State Council Institutional Reform Program, the formulation of this provision.
Second, the State Administration for Market Supervision and Administration is an organization directly under the State Council, at the ministerial level. The State Certification and Accreditation Administration and the State Standardization Administration to retain the brand.
Article 3 The State Administration for Market Supervision and Administration to implement the guidelines and policies of the Party Central Committee on market supervision and management and decision-making, in the performance of its duties to adhere to and strengthen the Party's centralized and unified leadership of market supervision and management work. The main responsibilities are:
(a) responsible for market supervision and management. Drafting draft laws and regulations related to market supervision and management, formulating relevant regulations, policies and standards, organizing the implementation of the quality strategy, food safety strategy and standardization strategy, formulating and organizing the implementation of the relevant planning, regulating and maintaining market order, and creating a market environment of honesty and trustworthiness, fair competition.
(2) is responsible for the unified registration of market entities. Guidance for various types of enterprises, farmers' professional cooperatives and units engaged in business activities, individual business households and foreign (regional) enterprises resident representative offices and other market players in the registration. It establishes a mechanism for publicizing and *** enjoying information on market entities, publicizes and *** enjoys relevant information in accordance with the law, strengthens credit supervision, and promotes the construction of a credit system for market entities.
(3) is responsible for organizing and guiding the comprehensive law enforcement work of market supervision. It guides the integration and construction of local integrated law enforcement teams for market supervision, and promotes the implementation of unified market supervision. Organize the investigation and handling of major illegal cases. Standardize market supervision administrative law enforcement behavior.
(4) Responsible for the unified enforcement of anti-monopoly. Coordinate and promote the implementation of competition policy, guide the implementation of fair competition review system. In accordance with the law on the concentration of operators to conduct anti-monopoly review, responsible for monopoly agreements, abuse of dominant market position and abuse of administrative power to exclude and restrict competition and other anti-monopoly law enforcement work. Guiding enterprises to respond to antitrust complaints abroad. Undertake the daily work of the Anti-Monopoly Committee of the State Council.
(5) To supervise and manage the market order. Supervising and managing the behavior of market transactions, online commodity transactions and related services in accordance with the law. It organizes and directs the investigation and handling of price and fee violations, unfair competition, illegal direct marketing, pyramid schemes, infringement of trademarks, patents and intellectual property rights, and the production and sale of counterfeit and shoddy acts. Guiding the development of advertising industry and supervising and managing advertising activities. It guides the investigation and handling of unlicensed production and operation and related unlicensed production and operation. Guiding the China Consumers' Association to carry out consumer rights defense work.
(6) Responsible for macro quality management. To formulate and implement institutional measures for quality development. Coordinating the construction and application of national quality infrastructure, organizing and implementing the quality supervision system for major projects and equipment in conjunction with relevant departments, organizing the investigation of major quality accidents, establishing and uniformly implementing the recall system for defective products, and supervising and managing the anti-counterfeiting work of products.
(VII) is responsible for product quality and safety supervision and management. Management of product quality and safety risk monitoring, national supervision and sampling. Establish and organize the implementation of quality grading system, quality and safety traceability system. Guide the management of industrial product manufacturing license. Responsible for fiber quality supervision.
(H) is responsible for the supervision and management of special equipment safety. Comprehensive management of special equipment safety supervision, supervision, supervision and inspection of energy-consuming special equipment energy conservation standards and boiler environmental protection standards.
(ix) is responsible for food safety supervision and management of integrated coordination. Organization to develop major food safety policies and organize the implementation. Responsible for the construction of food safety emergency response system, organizing and guiding the emergency response and investigation of major food safety incidents. To establish and improve the food safety important information direct reporting system. Undertake the daily work of the Food Safety Committee of the State Council.
(j) responsible for food safety supervision and management. To establish a system of supervision and inspection covering the entire process of food production, distribution and consumption, and to organize and implement a mechanism for the investigation and management of hidden dangers, and to prevent regional and systemic food safety risks. Promote the establishment of a mechanism for the implementation of the main responsibility of food production and operators, and improve the food safety traceability system. Organize and carry out food safety supervision and sampling, risk monitoring, verification and disposal and risk warning, risk communication. Organization and implementation of special food registration, filing and supervision and management.
(k) is responsible for the unified management of measurement. The implementation of legal units of measurement and the national measurement system, management of measuring instruments and value transfer and comparison work. Standardize and supervise the amount of goods and market measurement behavior.
(xii) is responsible for the unified management of standardization. Undertake mandatory national standards according to law, the project, number, external notification and authorization of the approval of the release of work. Development of recommended national standards. Coordinate, guide and supervise the development of industry standards, local standards, group standards, according to law. Organize international cooperation in standardization and participation in the development and adoption of international standards.
(M) is responsible for the unified management of inspection and testing. Promote the reform of inspection and testing organizations, standardize the inspection and testing market, improve the inspection and testing system, guidance and coordination of inspection and testing industry development.
(xiv) is responsible for the unified management, supervision and overall coordination of national certification and accreditation. Establish and organize the implementation of a unified national supervision and management system for certification and accreditation and conformity assessment.
(15) is responsible for market supervision and management of science and technology and information construction, publicity, international exchanges and cooperation. According to the provisions of the technical trade measures related to work.
(xvi) Management of the State Drug Administration, the State Intellectual Property Office.
(xvii) to complete the Party Central Committee, the State Council assigned other tasks.
(xviii) Functional transformation.
1. Vigorously promote quality improvement. Strengthening total quality management and the construction of the national quality infrastructure system, improving the quality incentive system, and promoting brand building. Accelerate the establishment of a mandatory reporting system for product quality and safety accidents of enterprises and a system of first-inquiry and first-payment of compensation for operators, innovate third-party quality evaluation, strengthen the main responsibility of producers and operators, and promote advanced quality management methods. Fully implement the self-declaration disclosure and supervision system for enterprise products and service standards, cultivate the development of technologically advanced group standards, improve the overall level of domestic standards against international standards, and promote the construction of a strong quality country through standardization.
2. Deepen the simplification and decentralization of government. Deepen the reform of the commercial system, reform the approval of enterprise names, the withdrawal of market players and other systems, deepen the reform of "separation of licenses", promote the "reduction of certificates after licensing", and compression of business start-up time. Accelerate the market-oriented social reform of inspection and testing organizations. Further reduce the evaluation of standards, recognition of awards, demonstrations and other activities, reduce administrative approval matters, significantly reduce the production licenses of industrial products, and promote the optimization of the business environment.
3. Strictly abide by the safety bottom line. Follow the "most rigorous standards, the most stringent supervision, the most severe penalties, the most serious accountability" requirements, in accordance with the law to strengthen food safety, product quality and safety of industrial products, safety supervision of special equipment, strengthen on-site inspections, punish violations of the law, and effectively guard against systemic risks, so that the people can feel safe to buy, feel safe to use, feel safe to eat.
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4. Strengthening supervision in the aftermath. Accelerate the cleanup and abolition of various regulations and practices that hinder the national unified market and fair competition, and strengthen the unified enforcement of anti-monopoly and anti-unfair competition. It will strengthen regulation based on standards, enhance risk management, fully implement "double random, one open" and "Internet+regulation", accelerate the promotion of regulatory information***sharing, and build a new market regulatory system with information disclosure as the means and credit regulation as the core.
5. Improve service level. Accelerate the integration of consumer complaints, quality supervision and reporting, food and drug complaints, intellectual property complaints, price reporting line. Promote the facilitation of the whole process from entry to exit of market entities, proactively serve the development of new technologies, new industries, new forms and new modes of business, use big data to strengthen the services for market entities, and actively serve individual businessmen, private enterprises and the general public, and promote public entrepreneurship and innovation.
(19) the division of responsibilities.
1. Division of responsibilities with the Ministry of Public Security. The State Administration of Market Supervision and the Ministry of Public Security to establish administrative law enforcement and criminal justice work convergence mechanism. Market supervision and management departments found violations suspected of committing a crime, should be in accordance with the relevant provisions of the timely referral to the public security organs, the public security organs should be promptly examined, and according to the law to make a decision to file a case or not to file a case. Public security organs according to law to market supervision and management departments to make testing, identification, determination of assistance, market supervision and management departments should be assisted.
2. and the Ministry of Agriculture and Rural Affairs of the relevant division of responsibilities. (1) Ministry of Agriculture and Rural Affairs is responsible for the quality and safety supervision and management of food and agricultural products from planting and breeding links to enter the wholesale and retail markets or production and processing enterprises. After entering the wholesale and retail markets or production and processing enterprises, edible agricultural products are supervised and managed by the State Administration of Market Supervision and Administration. (2) The Ministry of Agriculture and Rural Development is responsible for the supervision and management of the prevention and control of animal and plant diseases, the slaughtering of livestock and poultry, and the supervision and management of the quality and safety of the purchase of raw milk. (3) the two departments to establish food safety origin access, market access and traceability mechanism, strengthen coordination and work together to form regulatory synergy.
3. The division of responsibilities with the National Health Commission. The National Health Commission is responsible for food safety risk assessment, in conjunction with the State Administration of Market Supervision and other departments to develop and implement food safety risk monitoring program. The National Health Commission of the food safety risk monitoring or received reports found through the food safety risk monitoring or food may have safety hazards, should be immediately organized to carry out testing and food safety risk assessment, and timely notification to the State Administration for Market Supervision and Administration of the results of the risk assessment of food safety, for the conclusion of unsafe food, the State Administration for Market Supervision and Administration of the food should take immediate measures. State Administration for Market Supervision and Administration in the supervision and management work found to be in need of food safety risk assessment, should be timely to the National Health Commission to make recommendations.
4. The relevant division of responsibilities with the General Administration of Customs. (1) the two departments to establish a mechanism to avoid duplication of inspection, duplication of charges, duplication of penalties for various types of import and export commodities and import and export of food, cosmetics, to reduce the burden on enterprises. (2) The General Administration of Customs is responsible for the supervision and management of imported food safety. Imported food and food-related products should be in line with China's national food safety standards. Food safety incidents occurring outside the country may have an impact on the territory of China, or in the import of food found in serious food safety problems, the General Administration of Customs shall promptly take risk warning or control measures, and inform the State Administration of Market Supervision and Administration of the State Market Supervision and Administration of the State Market Supervision and Administration of the State Market Supervision and Administration of the State Market Supervision and Administration shall promptly take corresponding measures. (3) the two departments to establish a defective imported products information notification and collaboration mechanism. General Administration of Customs in the port inspection and supervision of imported products found to be unqualified or safety hazards, in accordance with the implementation of technical processing, return, destruction, and notify the State Administration for Market Supervision and Administration. State Administration for Market Supervision and Administration of the unified management of defective products recall work, through consumer reports, accident investigation, injury monitoring, etc. known defects in imported products, the implementation of recall measures according to law; on the refusal to fulfill the recall obligation, the State Administration for Market Supervision and Administration of the General Administration of Customs notified the General Administration of Customs by the General Administration of Customs to take appropriate measures according to law.
5. and the State Drug Administration of the relevant division of responsibilities. The State Drug Administration is responsible for the development of drugs, medical devices and cosmetics regulatory system, is responsible for the development of drugs, medical devices and cosmetics licensing, inspection and punishment. Provincial drug supervision and management departments are responsible for the licensing, inspection and punishment of drugs, medical devices and cosmetics production, as well as drug wholesale licensing, retail chain headquarters licensing, Internet sales of third-party platforms for the record and inspection and punishment. Market supervision and management departments at the city and county levels are responsible for the licensing, inspection and punishment of drug retailing and medical device operation, as well as the inspection and punishment of cosmetic operation and the quality of drug and medical device use.
6. and the State Intellectual Property Office of the relevant division of responsibilities. The State Intellectual Property Office is responsible for providing operational guidance on trademark and patent enforcement, formulating and guiding the implementation of standards for judging the confirmation and infringement of trademark and patent rights, formulating tests, appraisals and other relevant standards for trademark and patent enforcement, and setting up a mechanism to do a good job of articulating policies and standards and communicating information. The State Administration of Market Supervision is responsible for organizing and guiding the trademark and patent law enforcement work.
Article 4 The State Administration for Market Supervision and Administration of the following internal organizations:
(1) Office. Responsible for the day-to-day operation of the organs, information, security, confidentiality, letters and visits, open government affairs, information technology and other work. Organization and coordination of market supervision and management of major accidents in emergency response and investigation.
(2) Comprehensive Planning Division. Undertake to coordinate the promotion of market supervision and management of deepening reform work. Organize and carry out related policy research and comprehensive analysis. Formulate market supervision and management of medium- and long-term planning and organization and implementation. Undertake the drafting of important comprehensive documents and manuscripts. Undertake and guide market supervision and management of statistical work.
(3) Regulations Division. Undertake to organize the drafting of market supervision and management of relevant laws and regulations and regulations. Undertake the review of the legality of normative documents and draft international cooperation agreements, agreements and protocols. Undertake the design of law enforcement procedures in accordance with the law, standardize discretionary power and administrative law enforcement supervision. Undertake or participate in the work of administrative reconsideration, administrative appeal and administrative compensation. Organize and carry out work related to publicity and education on the rule of law.
(D) Law Enforcement Inspection Bureau. Formulation of market supervision and comprehensive law enforcement and inspection system and measures and organization and implementation. Guidance to investigate and deal with market players access, production, business, trading in the relevant violations and case investigation. Undertake the organization of investigation, supervision and supervision of major cases with national impact or across provinces (autonomous regions and municipalities directly under the Central Government). Guiding the comprehensive law enforcement work of local market supervision.
(E) Registration Bureau (small and micro-enterprises, individual businessmen and professional market party building work office). To formulate the unified registration of market entities and business license issuance system measures and guide the implementation. Undertake to guide the work of full electronic registration. Undertake the work of analyzing and publicizing registration information. Guiding administrative licenses in market supervision and management. Supporting the development of individual and private economy, and undertaking the work of establishing and improving the directory of small and micro enterprises. Under the guidance of the Central Organization Department, it guides local market supervision and administration departments to cooperate with the organization departments of the Party committees to carry out the party building work for small and micro enterprises, individual businessmen and professional markets.
(VI) Credit Supervision and Management Division. To formulate institutional measures for credit supervision and management. Organize and guide the supervision and inspection of the registration behavior of market entities. Organize and guide the management of credit classification and information disclosure, and undertake the construction and management of the national enterprise credit information disclosure system. Establishment of business exception list and "blacklist", undertake supervision and management information of market entities and public information collection **** enjoyment, coordination and liaison work of joint punishment.
(VII) Antimonopoly Bureau. To formulate measures and guidelines for the anti-monopoly system, organize and implement anti-monopoly law enforcement work, and undertake to guide enterprises in foreign anti-monopoly litigation work. Organize and guide the work of fair competition review. Undertake international cooperation and exchanges in antimonopoly enforcement. Undertake the daily work of the Anti-Monopoly Committee of the State Council.
(viii) Bureau of Price Supervision, Inspection and Anti-Unfair Competition (Office of Regulating Direct Marketing and Combating Distribution). To formulate institutional measures and rules and guidelines relating to the supervision and inspection of prices and charges and the fight against unfair competition. Organize and implement the supervision and inspection of commodity prices, service prices as well as state organs and utility charges. Organize and guide the investigation and handling of price and charge violations and unfair competition. Undertake supervision and management of direct selling enterprises, direct sellers and their direct selling activities and combating pyramid schemes.
(IX) network trading supervision and management division. Formulate the implementation of network commodity trading and related services supervision and management system and measures. Organize and guide the coordination of network market administrative law enforcement work. Organize and guide the network trading platform and network business subjects to regulate and manage the work. Organization and implementation of network market monitoring. Organize and implement the supervision and management of contracts and auction practices in accordance with the law, and manage the registration of movable collateral. Guide the construction of consumer environment.
(J) Advertising Supervision and Management Division. To formulate advertising industry development planning, policy and organization and implementation. Formulate the implementation of advertising supervision and management system and measures, organize and guide the review of drugs, health food, medical devices, special medical use formula food advertising. It organizes the monitoring of advertisements released by various media. Organize the investigation and handling of false advertisements and other illegal acts. Guides the work of advertising review agencies and advertising industry organizations.
(xi) Quality Development Bureau. To formulate policies and measures to promote the strategy of strengthening the quality of the country and organize the implementation thereof; to undertake the work of coordinating the collaborative services and application of the national quality infrastructure; and to propose measures to improve the quality incentive system. To formulate and implement a system for improving the quality of products and services, a mandatory reporting system for product quality and safety accidents, and a recall system for defective products, to organize and implement the supervision of the quality of major projects and equipment and the prevention of product counterfeiting, to carry out the supervision and monitoring of the quality of services, and to organize the investigation of major quality accidents.
(xii) Product Quality and Safety Supervision and Management Division. The development of national key supervision of product catalog and organization and implementation. Undertake product quality national supervision and sampling, risk monitoring and classification of supervision and management. Guidance and coordination of product quality industry, local and professional supervision. Undertake industrial product production license management and food-related product quality and safety supervision and management work. Undertake cotton and other fiber quality supervision.
(xiii) Food Safety Coordination Division. Formulate major policy measures to promote food safety strategy and organization and implementation. Undertake the coordination of the whole process of food supervision of major issues, and promote sound food safety across the region and cross-sectoral coordination and linkage mechanism. Undertake the daily work of the State Council Food Safety Committee.
(xiv) food production safety supervision and management division. Analysis and mastery of the production of food safety situation, the development of food production supervision and management and food producers to implement the main responsibility of the system and organize the implementation. Organization of salt production quality and safety supervision and management. Organize the supervision and inspection of food production enterprises, and organize the investigation and handling of related major violations. Guide enterprises to establish and improve food safety traceability system.
(xv) Food Safety Supervision and Management Division. Analysis of food safety situation in the field of circulation and food service, the development of food circulation, food service, market sales of edible agricultural products supervision and management and food operators to implement the main responsibility of the system and measures, organization and implementation and guidance to carry out supervision and inspection work. Organize the quality and safety supervision and management of salt operation. Organize the implementation of catering quality and safety improvement action. Guiding the food safety protection work of major events. Organize the investigation and handling of related major violations.
(p) special food safety supervision and management division. Analysis and mastery of health food, special medical use formula food and infant formula milk powder and other special food safety situation, the formulation of special food registration, filing and supervision and management of the system and measures and organization and implementation. Organize the investigation and handling of related major violations.
(xvii) food safety sampling and monitoring Division. Formulate national food safety supervision and sampling plan and organize the implementation of regular publication of relevant information. Supervise and guide the verification, disposal and recall of substandard food. Organize and carry out food safety evaluation of sampling, risk warning and risk communication. Participate in the development of food safety standards, food safety risk monitoring plan, undertake risk monitoring work, and organize the investigation of hidden risks.
(XVIII) Special Equipment Safety Supervision Bureau. Formulation of special equipment catalog and safety specifications. Supervise and inspect the production, operation, use, inspection and import and export of special equipment, as well as energy-consuming special equipment energy-saving standards, boiler environmental protection standards. According to the prescribed authority to organize the investigation and handling of special equipment accidents and statistical analysis. Investigate and deal with related major violations. Supervision and management of special equipment inspection and testing organizations and inspection and testing personnel, operators. Promote special equipment safety science and technology research and promote the application.
(XIX) Division of measurement. Undertake the national measurement of benchmarks, measurement standards, measurement standards and measuring instruments management, the organization of traceability and measurement of value transfer comparison work. Undertake the establishment of the national measurement of technical specifications system and the organization and implementation of work. Undertake the amount of commodities, market measurement behavior, measurement of arbitration verification and measurement of technical institutions and personnel supervision and management work. Standardize the use of measurement data.
(xx) Standards Technology Management Division. Formulation of standardization strategy, planning, policy and management system and organization and implementation. Undertake mandatory national standards, recommended national standards (including standard samples) and international standardization and standardization of work. Assist in the organization of investigation and handling of violations of mandatory national standards and other major violations. Undertake the management of the National Standardization Technical Committee.
(xxi) Standards Innovation Management Division. Undertake industry standards, local standards, group standards, enterprise standards and organizations to participate in the development of international standards. Undertake the national legal persons and other organizations unified social credit code related work. Management of commodity barcode work. Organization to participate in the International Organization for Standardization, the International Electrotechnical Commission and other international or regional standardization organizations.
(xxii) Certification Supervision and Management Division. Development and implementation of certification and conformity assessment supervision and management system. Planning and guiding the development of the certification industry and assist in investigating and dealing with certification violations. Organizations involved in certification and conformity assessment of international or regional organizations.
(XXIII) Department of Supervision and Administration of Accreditation and Inspection. Formulation and implementation of accreditation and testing supervision and management system. Organization and coordination of testing resources integration and reform work, planning and guiding the development of testing industry and help investigate and deal with accreditation and testing violations. Organizations involved in accreditation and testing of international or regional organizations.
(xxiv) News and Publicity Division. Formulation of market supervision and management of information dissemination system, to undertake publicity, press release management. Organization of market supervision and management of public opinion monitoring, analysis and coordination of disposal work. Coordination and organization of major publicity activities.
(25) Science and Technology and Finance Division. Formulate and implement the relevant science and technology development planning and technical institution construction planning, put forward the national quality infrastructure and other major scientific and technological needs, undertake the relevant scientific research, technology introduction, results of the application of work. Undertake the organs and units directly under the budget, financial auditing, state-owned assets, capital construction and various types of funds, special funds and equipment management. Guide the market supervision and management system equipment and equipment work.
(26) Personnel Division. Undertake the organs and units directly under the cadres and personnel, organization, labor wages and education. Guides the construction of related personnel and the standardization of grass-roots construction work.
(27) Department of International Cooperation (Hong Kong, Macao and Taiwan Office). Undertake market supervision and management of international exchanges and cooperation work, undertake exchanges and cooperation involving Hong Kong, Macao and Taiwan affairs. Undertake the signing and implementation of relevant international cooperation agreements, agreements and protocols. Undertake work related to technical trade measures. Undertake the foreign affairs work of the organs and directly subordinate units.
Organizational Party Committee. It is responsible for the party work of the organs and directly subordinate units in Beijing.
Retired Cadres Office. It is responsible for the work of retired cadres in the organs and guides the work of retired cadres in directly subordinate units.
Article 5 The administrative establishment of the organs of the State Administration for Market Supervision and Administration is 805 (including 2 staff members of the two committees, 3 mobile staff members of the aid, and 15 staff members of retired cadres). There shall be 1 director, 4 deputy directors, and 120 directorate-level leadership positions (including 1 director of food safety, 1 chief engineer, 4 market inspectors, 1 full-time deputy secretary of the Party Committee of the organ, and 2 leadership positions in the Office of Retired Cadres).
Sixth, the State Administration of Market Supervision and Administration of the establishment of business units under the establishment, duties and preparation matters are separately provided.
Article 7 These provisions shall be interpreted by the Office of the Central Committee for Establishment of Institutions, and their adjustment shall be handled by the Office of the Central Committee for Establishment of Institutions in accordance with the prescribed procedures.
Article 8 These provisions shall come into force on July 30, 2018.