Recently, the General Administration of quality supervision, inspection and Quarantine announced the general rules for the implementation of industrial production licenses and the implementation rules for the 60 kinds of industrial products, which was implemented in October 30th.
The production license of industrial products is based on the regulations of the People's Republic of China on the administration of industrial product production licenses (No. 440th of the State Council), the regulations for the implementation of the regulations on the administration of industrial product production licenses (No. 156th of the AQSIQ), and the spirit of the AQSIQ on deepening the reform of the production license system for industrial products (No. 364 of the national quality inspection supervision No. 2015). The General Administration of quality supervision and Quarantine has formulated the general rules for the implementation of the industrial production license, and has revised the implementation rules for the 60 types of industrial products production licenses (excluding food related products). The general rules for the implementation of industrial product production licenses and the implementation rules for the revised 60 industrial products production licenses have been promulgated and implemented since October 30, 2016. In order to implement the reform requirements of the administrative examination and approval of the State Council, we should further promote the reform of industrial production license system. Since the date of implementation, the implementation details and the revised version have been invalidated. All provincial quality and technical supervision departments (market supervision and management departments) should conscientiously carry out the implementation and strengthen supervision and management of licensed products and production enterprises according to law.
The full text of the general rules for the implementation of industrial product production licenses is as follows:
general provisions
Article 1. This general rule is formulated in accordance with the regulations of the People's Republic of China on the administration of industrial product production licenses (hereinafter referred to as the "management regulations"), the regulations for the implementation of the regulations on the administration of the production licenses of industrial products in People's Republic of China (hereinafter referred to as the "implementation measures"), the regulations for the implementation of the Administrative Licensing Measures for quality supervision, inspection and quarantine, and the State Council's notice on regulating the administrative approval of the State Council's administrative approval and improving the administrative examination and approval (2015 [6] of the State Council).
The second article applies to the application, acceptance, examination and decision of industrial production license, and shall be used together with the corresponding rules for the implementation of the product production license. This general rule does not apply to food related products.
The third General Administration of quality supervision, inspection and Quarantine (hereinafter referred to as AQSIQ) is responsible for the unified management of industrial production licenses.
The national office for the production of industrial products (hereinafter referred to as the national license office) is responsible for the daily work of industrial production license management.
The departments responsible for the production of industrial products in provinces, autonomous regions and municipalities directly under the central government shall be responsible for the supervision and administration of the production licenses of industrial products in their respective administrative areas, and shall undertake the examination and approval of the production licenses of the products that are applied for acceptance and part of the products listed in the production license system (hereinafter referred to as the catalogue).
The provincial industrial product production license office is responsible for the daily work of industrial product production license management in its administrative region.
The departments in charge of the production permit of industrial products at the municipal and county levels are responsible for the supervision and administration of production licenses in their respective administrative areas.
The fourth national industrial product production license examination center (hereinafter referred to as the national license examination center) is entrusted by the national license office to undertake the technical and transactional work of the production license.
The Ministry of industry product licensing examination (hereinafter referred to as the national license examination department) is commissioned by the national license office to undertake relevant technical work related to production license.
The national certification organ for industrial product production licenses (hereinafter referred to as the certification and inspection authority) shall be entrusted by the enterprise to undertake the inspection of the sample of the enterprise. The certification authority may inquire on the website of AQSIQ.
The second chapter applies and accepts.
The fifth enterprise shall obtain the following conditions for obtaining a production license:
(1) having a business license that is compatible with the production activities to be undertaken;
(two) there are professional and technical personnel that are compatible with the products they produce.
(three) there are production conditions and testing methods that are compatible with the products produced.
(four) there are technical documents and process documents that are compatible with the products produced.
(five) a sound and effective quality management system and responsibility system;
(six) the products meet the relevant national and industrial standards, as well as the requirements for safeguarding human health and personal and property safety.
(seven) in line with the provisions of the state's industrial policies, there is no case of backward technology, high energy consumption, pollution and waste of resources that the state explicitly eliminates and prohibits investment and construction.
Other provisions of laws and administrative regulations shall also comply with the relevant provisions.
The sixth enterprise should understand and grasp the general rules before applying for the enterprise, and make good preparations before the site verification in accordance with the requirements for the implementation of the product production license.
(1) the enterprise information of the review group should be submitted.
(two) enterprises should maintain normal production status when field inspections are conducted.
(three) the sample and the sampling base should meet the requirements for the implementation of the product license for the products to be applied.
Article seventh where a product is listed in a catalogue, it shall apply for a production license to the next level production license department entrusted by the enterprise at the provincial level or the provincial level (hereinafter referred to as the provincial license authority), and apply for the issue of production license, including: issuance, extension, alteration of license scope, change of name, renewal of certificate, withdrawal of application, etc.
The eighth certification refers to the first time that an enterprise applies for a production license, does not conform to the extension of the validity period of the production license and reclaims the application of the production license after the expiration of the certificate is required. The enterprise shall submit the following application materials:
(1) application for the national production permit for industrial products (see Annex 1) (three copies);
(two) photocopy or scanning of business license (three copies);
(three) industrial policy certification materials (if required).
The ninth extension refers to the situation where an enterprise needs to continue production when the production license expires. The enterprise shall submit a renewal application within 6 months before the expiration of the production license. The following application materials shall be submitted:
(1) application for the national production permit for industrial products (three copies);
(two) photocopy or scanning of business license (three copies);
(three) copies of production licenses or scanned parts (three copies).
(four) industrial policy certification materials (if necessary);
(five) other materials related to the continuation of production permit matters (three copies);
1. for the application for exemption from field inspection, the enterprise shall submit to the enterprise legal person / person in charge the signature and seal with the official seal of the enterprise's production license renewal application, which is exempt from the spot check undertaking (see Annex 2) and the certificate issued by the county level or above quality and technical supervision department is not subject to administrative penalty during the validity period.
2. for the application for exemption from product inspection, the enterprise shall submit a qualified inspection report on the product quality supervision at the provincial level and above with the unit product within 6 months (from the date of issuance of the inspection report).
The tenth license range change refers to the fact that during the validity period of the production license, the important production processes and technologies, the key production equipment and inspection equipment are changed, the production address is migrated, the production site is increased, the new production line, and the products are increased.
(1) application for the national production permit for industrial products (three copies);
(two) photocopy or scanning of business license (three copies);
(three) copies of production licenses or scanned parts (three copies).
(four) industrial policy certification materials (if required).
The eleventh name change means that when the name of the enterprise, the place of residence or the name of the production address changes during the period of validity of the production license, and the production conditions have not changed, the enterprise shall submit the following materials:
(1) application for the national production permit for industrial products (two copies);
(two) a photocopy of the business license or a scanning part (two copies) before and after the change.
(three) copies of production licenses or scanned parts (two copies).
(four) if the name of the enterprise is changed, it shall be submitted to the administrative department for Industry and Commerce for duplication or scanning of the certified material or two pieces.
(five) if the name of an enterprise's domicile or production address is changed, it shall submit a copy or scanning of the certified material of the change issued by the relevant administrative department. (in two copies).
The twelfth supplementary refers to the application of a production license certificate for a production licence certificate due to loss or damage during the validity period of the production license. The following materials shall be submitted:
(1) application for the national production permit for industrial products (two copies);
(two) photocopy or scanning of business license (two copies);
(three) the original and photocopy of the declaration of the loss of the license issued by the enterprise in the public newspapers and periodicals.
The thirteenth company shall submit relevant materials in accordance with the requirements of ninth to twelfth according to the renewal or licensing scope of the production license and the change of name or the renewal of the certificate.
Article fourteenth before accepting an administrative license application, if an enterprise applies for withdrawal of an application for administrative license before making an administrative license, the following materials shall be submitted:
(1) application for withdrawal of administrative license (see Annex 3) (two copies);
(two) the original and photocopy of the administrative license application decision.
The fifteenth provincial licensing authorities shall, after receiving the application materials of enterprises, deal with them in accordance with the following circumstances:
(1) if the application items do not need to obtain industrial product license in accordance with the law, they shall immediately notify the enterprise not to accept the application.
(two) the application matters are not subject to the terms of reference of the competent departments of the production license, and shall not be accepted.
(three) there are errors in the application materials that can be corrected on the spot, and enterprises should be allowed to make corrections on the spot.
(four) if the application materials are not complete or are not in conformity with the statutory form, they shall inform the enterprise once and for all the contents that need to be corrected within 5 days from the date of receiving the application.
(five) if the application materials are complete, conform to the statutory form, or submit all the supplementary materials as required, the decision shall be made immediately and a decision on acceptance of the application for administrative license shall be issued.
(six) enterprises are not eligible to apply for one of the following situations:
1, the enterprise conceals the situation or provides false materials for the production license, the administrative organ refuses to accept or disallows the administrative license, and gives a warning to apply for the production license again within one year.
2, the enterprise obtains the production license by improper means such as deception and bribery, and the administrative organ gives administrative punishment according to law, and applies for production license again within three years.
3, the enterprise is revoked the production license, and within three years, it will apply again to the production license of the same catalogue.
4, an enterprise applying for withdrawal of a production license shall apply for a production license again within 6 months from the date when the administrative organ terminates the written certificate of administrative license.
Where the sixteenth AQSIQ has issued the certificate, the competent department of the provincial license shall send the application materials (two copies) to the national license examination department of the relevant products within 5 days from the date of receiving the application. Where the application is only for name change, replacement of a certificate or withdrawal of the application, the enterprise application materials (one copy) should be sent to the national license examination center directly.
The third chapter is review and decision.
After the application of the seventeenth production license is accepted, the examination shall be organized according to the following requirements: the examination of the enterprise, including the on-site verification of the enterprise and the certification and examination of the product.
(1) where the certificate is issued, the enterprise shall conduct on-site verification and product certification and inspection.
(two) to continue the field inspection and product certification inspection. The enterprise shall submit the "continuation of application for enterprise production license exemption from on-site verification undertaking" without on-site verification. If the enterprise submitted the same unit product to the provincial or above product quality supervision and spot check report within 6 months, it will be exempt from the certification and inspection of the same unit product.
(three) where the scope of licensing changes, the enterprise shall conduct on-site verification and product certification and inspection. Where there are other provisions in the corresponding product implementation rules, they shall be implemented in accordance with their provisions.
(four) the name change, the replacement of the certificate and the withdrawal of the application shall not be conducted on-site inspection and product certification.
The eighteenth is approved by the General Administration of quality supervision, inspection and quarantine. After receiving the enterprise application materials, the national license examination department has formulated the "enterprise on-site verification plan" (see Annex 4, hereinafter referred to as the plan), and promptly submitted the plan to the national license examination center. The Ministry of national licensing examination will inform the enterprise 3 days ahead of time and report to the competent department of the provincial license department where the enterprise is located, and the competent department of the provincial license department can send observers to participate as required.
The nineteenth organizations should pay attention to the professional ability of the inspectors when they confirm the verification of their production licenses. The number of censors who participate in field inspections is no less than 2, and the checking time is generally 1-3 days. Members of the review group shall not all come from the same unit.
The twentieth review group shall, in accordance with the provisions of the general rules and the relevant product implementation rules, carry out on-the-spot verification in an objective and impartial manner, make a good record, compile a field verification report of the production license enterprise, and inform the enterprise of the result of the verification, and the examination team shall be responsible for the result of the on-the-spot check of the enterprise and implement the leader's responsibility system.
The twenty-first enterprises shall be required to seal the samples according to the rules for the implementation of the relevant products, and the enterprises shall independently choose the certification and inspection institutions. The sample shall be sent to the certification authority within 7 days from the date of the sealed sample. Where on-site inspection is required, the enterprise shall contact the certification and inspection institution for on-site inspection. The company is responsible for the authenticity and accuracy of the samples.
The twenty-second enterprise fails to carry out product certification inspection on site verification, and the enterprise examination will be terminated.
Twenty-third enterprises that extend the on-site inspection shall, within 7 days from the date of acceptance, seal the samples according to the detailed rules for the implementation of the products. The sampling documents and seals shall be affixed with the seal of the enterprise, and the samples and samples shall be sealed and sealed together. The sample issuing body must be chosen to send the sample to the examining organization. The company is responsible for the authenticity and accuracy of the samples.No product sampling is allowed when field inspection is conducted without product certification.
The twenty-fourth certification authority shall complete the certification and inspection work within the time specified in the detailed rules for the implementation of the products, and issue the inspection report. Within 3 days from the date of the issuance of the report, 1 copies of the report will be sent to the enterprise and 2 to the organization for examination.
Twenty-fifth approved by the AQSIQ, the national license examination department shall, in accordance with the relevant provisions, collect and examine the application materials, on-site inspection materials, product certification and inspection reports, and sign the audit opinions, and submit the relevant materials to the national license examination center within 20 days from the date of accepting the application. The national license examination center shall complete the examination of the materials submitted to the AQSIQ within 25 days from the date of accepting the application of the enterprise.
The twenty-sixth AQSIQ or the competent department of the provincial license shall make a decision whether to grant the license within 30 days from the date of accepting the application of the enterprise. A decision to grant a production permit shall be issued within 10 days from the date of decision. The decision to grant a license and the certificate of production license shall be issued. If a decision is not made on the production license, the decision to grant an administrative license shall be issued to the enterprise within 10 days from the date of decision, and the reasons shall be explained. Meanwhile, the applicant shall be informed of the right to apply for administrative reconsideration or to institute administrative proceedings according to law.
The twenty-seventh AQSIQ will send the relevant decision documents and certificates to the competent department of the provincial license within 5 days from the date of making the decision on administrative licensing, and the competent department of the provincial license shall serve the enterprise within 5 days from the date of receipt of the decision document and certificate.
The twenty-eighth AQSIQ or the provincial licensing authority shall, within 10 days from the date of making the decision of approval, publish the list of registered enterprises to the public through the Internet.
In the twenty-ninth case, the AQSIQ or the competent department of the provincial license shall make a decision to terminate the production license.
(1) the enterprise delays, refuses or does not cooperate with the examination without proper reasons;
(two) the enterprise withdraws the application for production license;
(three) enterprises terminate in accordance with the law;
(four) enterprises that apply for production are included in the list of products eliminated or banned from the state.
(five) other circumstances where the production license shall be terminated according to law.
The fourth chapter is certificate and logo.
The thirtieth production license is valid for 5 years. The date of validity is the date of making the decision. The deadline is five days after the date of the decision. There is a change in the validity period (except for relocation of enterprises) or a replacement. The deadline remains unchanged.
The validity period of the certificate extension is one day after the expiration date of the original certificate, and the deadline is the same date after the expiration date of the original certificate five years later.
The thirty-first production license certificate is divided into original copy and duplicate copy, which has the same legal effect. The production license is positive and duplicate, indicating the name, domicile, production address, product details, certificate number, date of issuance, validity period, issuing authority, etc.
