The Law on Metrology of the People's Republic of China
2007-08-15

LAW ON METROLOGY OF

THE PEOPLE'S REPUBLIC OF CHINA

(Adopted at the twelfth session of the Standing

Committee of the Sixth National People's

 Congress on September 6, 1985.)

 

CHAPTER I

GENERAL PROVISIONS

 

Article 1  This Law is enacted to strengthen the metrological supervision and management, to guarantee the uniformity of the national system of units of measurement and the accuracy and reliability of the values of quantities, to contribute to the developments of production, trade and science and technology, to meet the needs of socialist modernization and construction and to safeguard the interests of the state and the people.

Article 2  Within the territory of the People's Republic of China, anyone or any entity engaged in establishing national primary standards of measurement,  standards of measurement, or in metrological verification, manufacture, repair, marketing and use of measuring instruments shall abide by this law.

Article 3  The state adopts the International System of Units (SI). The International System of Units and other units of measurement adopted by the State are national legal units of measurement. The State Council shall promulgate the names and symbols of the national legal units of measurement. Non-national legal units of measurement shall be abrogated. The State Council shall work out the measures for the abrogation.

Article 4  The metrological administrative department of the State Council exercises unified supervision and management of metrological work throughout the country. The metrological administrative department of the people's government above county level exercises supervision and management of metrological work within its own administrative division.

 

CHAPTER II

PRIMARY STANDARDS OF MEASUREMENT,

STANDARDS OF MEASUREMENT AND

METROLOGICAL VERIFICATION

 

Article 5   The metrological administrative department of the State Council is responsible for establishing all kinds of national primary standards of measurement which are to serve as the highest basis for unifying the values of quantities of the country.

Article 6  In the light of the local needs, the metrological administrative department of the local people's governments above county level may establish public standards of measurement, which shall be put into service only after being checked as qualified by the metrological administrative department of the people's government at the higher level.

Article 7  The competent departments concerned of the State Council and the competent departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government may, in the light of the special needs of their own departments, establish standards of measurement used within the departments and the highest standard of measurement of each kind shall be put into service only after being checked as qualified by the metrological administrative departments at the same level.

Article 8  Enterprises and institutions may, in the light of the needs, establish standards of measurement used within their own entity and the highest standard of measurement of each kind shall be put into service only after being checked as qualified by the metrological administrative department of the people's government concerned.

Article 9  The metrological administrative departments of the people's governments above county level exercise compulsory verification of public standards of measurement, the highest standards of measurement used within departments, enterprises and institutions, and those working measuring instruments used for settling trade accounts, safety protection, medical treatment and health and environmental monitoring, which are listed in the compulsory verification catalogue. Those measuring instruments which have not been submitted for the verification provided for by the regulations and those which have been checked as unqualified shall not be used. The State Council shall work out the catalogue and the measures for the managing the working measuring instruments subject to compulsory verification. The other standards of measurement and working measuring instruments, except those stipulated in the previous paragraph, should be periodically verified by the users themselves or by other metrological verification institutions, which shall be under the supervision and control of the metrological administrative departments of the people’s governments above county level.

Article 10   The metrological verification shall be conducted pursuant to the National Metrological Verification System. The National Metrological Verification System shall be laid down by the metrological administrative department of the State Council.

The metrological verification regulations shall be applied when conducting metrological verification. The metrological administrative department of the State Council shall formulate the national metrological verification regulations. The competent departments of 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 separately work out departmental and local verification regulations for those measuring instruments for which no national metrological verification regulations are available. The departmental and local verification regulations shall be reported to the metrological administrative department of the State Council for the record.

Article 11  The metrological verification shall be conducted pursuant to the principle of economical rationality and proximity.

 

CHAPTER III

MANAGEMENT OF MEASURING

INSTRUMENTS

 

Article 12  Any enterprise or institution engaged in manufacture or repair of measuring instruments shall have appropriate facilities, personnel and verification equipment for manufacture or repair of the corresponding measuring instruments, after being proved as qualified by the metrological departments above county level, may obtain the” License for Manufacture of Measuring Instruments” or “ License for Repair of Measuring Instruments”. The administrative departments for industry and commerce will not issue business licenses to enterprises engaged in manufacture or repair measuring instruments without obtaining “License for Manufacturing Measure of Measuring Instruments” or “License for Repair of Measuring Instruments”.

Article 13  Where any enterprise or institution manufactures new types of measuring instruments which have not been manufactured by themselves before, the new types of measuring instruments may be put into production only after the metrological performance of specimens have been proved as qualified through technical evaluations organized by the metrological administrative departments of the people's governments above province level.

Article 14 Without the approval of the metrological administrative department of the State Council, those measuring instruments with non-legal units of measurement abrogated by the State Council and those measuring instruments prohibited by the State Council shall not be manufactured, marketed or imported.

Article 15 The enterprises or institutions engaged in manufacture or repair measuring instruments shall conduct verification of the measuring instruments being manufactured or repair in order to guarantee the qualification of metrological performance of the products and issue the product certificates to the qualified products.
The metrological administrative departments of the people's governments above county level shall exercise inspection and control over the quality of the products being manufactured or repaired.

Article 16 Imported measuring instruments may be marketed only after they have been verified or tested and found to be up to standard by the metrological administrative departments of the people's governments above province level.

Article 17 In respect of using measuring instruments, no impairing the accuracy of measuring instruments and or infringing upon the interests of the State and consumers is allowed.

Article 18 Individual industrialists and tradesmen may manufacture or repair simple measuring instruments.
The individual industrialists and tradesmen engaged in manufacture or repair of measuring instruments may apply for business license with the administrative departments for industry and commerce only after they have been examined and proved qualified by the metrological administrative departments of the people's governments above county level, and get their” License for Manufacture of Measuring Instruments” or “License for Repair of Measuring Instruments” issued. The scope and measures of control over the measuring instruments manufactured and repaired by individual industrialists and tradesmen shall be laid down by the metrological administrative department of the State Council.

 

 

CHAPTHR IV

METROLOGICAL SUPERVISION

 

Article 19 The metrological administrative department of the people's governments above county level may, in the light of the needs, appoint metrological supervisors. The measures for managing the metrological supervisors shall be laid down by the metrological administrative department of the State Council.

Article 20 The metrological administrative departments of the people's governments above county level may, in the light of the needs, set up metrological verification organizations or authorize metrological verification organizations of other entities to exercise compulsory verification and testing activities.
Personnel engaged in verification and testing activities mentioned in the previous paragraph should be proved qualified.

Article 21 The handing of disputes caused by the accuracy of measuring instruments should be based on the data provided after verification with national primary standards of measurement or public standards of measurement.

Article 22 Those inspection departments which provide notarial data on the quality of products for the society should be proved qualified by the metrological administrative departments of the people's governments above province level on the ability of metrological verification, testing and reliability.

 

 

CHAPTER  V

LEGAL OBLIGATIONS

 

Article 23  Whoever is engaged in the Manufacture or repair of measuring instruments without the “License for Manufacture of Measuring Instruments ”or the “License for Repairs of Measuring Instruments” shall be ordered to stop the manufacture or to stop the business, the illegal gains are to be confiscated and may in addition, be liable to a fine.

Article 24  Whoever manufactures or sells new measuring instrument which have not been checked as qualified shall be ordered to stop the manufacture or selling of those new measuring instruments, the illegal gains are to be confiscated, and may in addition, be liable to a fine.

Article 25 Whoever manufactures, repairs and/or sells unqualified measuring instruments shall have the illegal gains confiscated and in addition, be liable to a fine.

Article 26 Whoever uses measuring instruments subject to compulsory verification without applying for verification according to the regulations or being checked as unqualified may be ordered to stop the use and in addition, be liable to a fine.

Article 27 Whoever uses unqualified measuring instruments or impairs the accuracy of measuring instruments with the result of causing losses to the state and consumers may be ordered to make compensation for the losses, have the measuring instruments and the illegal gains there-from confiscated and in addition, be liable to a fine.

Article 28 Whoever manufactures sells and/or uses measuring instruments for the purpose of deceiving consumers shall have the measuring instruments and the illegal gains there-from confiscated and be liable to a fine. If the circumstances are serious, the offender or the person or person of the entity directly responsible, shall be held for criminal responsibility pursuant to the crimes of swindling or speculation.

Article 29 Where anyone in violation of this law manufactures, repairs and/or sells unqualified measuring instruments, and leading people's injury or deaths or enormous losses, the offender or the person or the persons of the entity directly responsible shall be held for criminal responsibility pursuant to the provisions of Article 187 of the Criminal Law.

Article 30 Any metrological supervisor who acts illegally oris derelict in his duty, and where the circumstances are serious, shall be held for criminal responsibilities pursuant to the relevant provisions of the Criminal Law. Where the circumstances are minor, he shall be subject to administrative sanction.

Article 31 The administrative sanction referred in this Law shall be determined by the metrological administrative departments of the local people's government above county level. The administrative sanction referred in Article 27 of this Law may be determined by administrative departments for industry and commerce.

Article 32 Where the person refuses to accept the administrative sanction, the person may, within 15 days from the date of the notification of the administrative sanction, institute legal proceedings in the people's court. If such legal proceedings against the decision of the administrative sanction such as a fine or confiscation of illegal gains are not instituted within the time limit and if the order is not complied with, the administrative authority which made the administrative sanction may apply to the people's court for compulsory enforcement.

 

Chapter VI

Supplementary Provisions

 

 

Article 33 The State Council and the Military Commission of the Central Committee of the Communist Party of China shall draw up measures for supervising and managing metrological work within the People's Liberation Army and the enterprises and institutions attached to the Scientific and Industrial Commission of National Defense in accordance with this Law.

Article 34 Based on this Law, the metrological administrative department of the State Council shall formulate the rules for its implementation of this Law and which shall be implemented after approval by the State Council.

Article 35 This Law is to be implemented from July 1, 1986.

 

APPENDIXTHE RELEVANT ARTICLES OF THE CRIMINAL LAW

1      ARTICLES OF THE CRIMINAL LAW RELATED TO ARTICLE 28 OF THIS LAW

Article 151 Whoever steals, swindles or forcibly seizes articles of public or private property of a relatively large value is to be sentenced to not more than five years of fixed-term imprisonment, criminal detention or control.

Article 117 Whoever violates the laws and regulations on the control of monetary affairs, foreign exchange, gold and silver, or industrial and commercial affairs, engaging in speculation, if the circumstances are serious, is to be sentenced to not more than three years of fixed-term imprisonment or criminal detention, and may in addition or instead be sentenced to a fine or confiscation of property.

2      ARTICLE OF THE CRIMINAL LAW RELATED TO ARTICLE 29 AND 30 OF THIS LAW

Article 187 State personnel who, because of neglect of duty cause public property or the interest of the state and the people to suffer major losses are to be sentenced to not more than five years of fixed-term imprisonment or criminal detention.