Licensing of Import and Export Commodity Inspection and Authentication Bodies
2009-05-13

1. Item Description

Licensing of Import and Export Commodity Inspection and Authentication Bodies (For Trial Implementation)

 

2. References

Law of the People's Republic of China on Import and Export Commodity Inspection

Article 3 The commodity inspection authorities and the inspection bodies permitted by the State administration for commodity inspection shall, in accordance with law, perform the  inspection of import and export commodities

Article 8 The inspection bodies permitted by the State administration for commodity inspection may provide inspection and survey services in respect of the import and export commodities as entrusted by parties involved in foreign trade or by foreign inspection bodies.

Article 22 The State administration for commodity inspection may, in accordance with the relevant regulations of the State and after examining their qualifications, permit the qualified inspection bodies at home and abroad to undertake the inspection and survey of import and export commodities entrusted to them

Measures for the Administration of Import and Export Commodity Inspection and Surveying Bodies (Order of the Director of the General Administration of Quality Supervision, Inspection and Quarantine, Ministry of Commerce and State Administration for Industry and Commerce No. 58, 2003)

 

3. Permission Requirements

(1) The applicant for licensing of a Chinese-funded import and export commodity inspection and surveying body shall meet the following requirements:

1) Its investors or one investor shall be in the identity of a third party, and be an independent institution who has specially engaged in inspection and surveying business in China in accordance with the laws for 3 years or longer;

2) The agency’s registered capital shall be no less than the amount of Renminbi equivalent to USD 350,000;

3) The institution shall have the conditions for test and the technical resources suitable for the inspection and surveying business; and have a fixed domicile/ office work locality, a test place and corresponding scale to the service;

4) The institution shall have a quality management system conforming to the relevant general requirements;

5) The professionals engaging in inspection and surveying shall have obtained their practicing qualifications in accordance with the relevant provisions of the AQSIQ, and the number of persons having obtained the practicing qualifications shall be no less than 2/3 of the total number of the persons of the institution.

(2) The applicant for licensing of a foreign-funded import and export commodity inspection and surveying body shall meet following requirements:

1) The foreign investor of the foreign-funded import and export commodity inspection and surveying institution shall be a legal body that was independently registered in its own country and has engaged in inspection and surveying business for 3 years or longer;

2) The Chinese investor of a Chinese-foreign joint venture or Chinese-foreign cooperative import and export commodity inspection and surveying body or one investor shall be in the identity of a third party, and be an independent institution who has specially engaged in inspection and authentication business in China in accordance with the laws for 3 years or longer;

3) The agency’s registered capital shall be no less than the amount of Renminbi equivalent to USD 350,000;

4) The institution shall have the conditions for test and the technical resources suitable for the inspection and surveying business; and shall have a fixed domicile/ office work locality, a test place and transnational management capacities;

5) The institution shall have a quality management system in conformity with the relevant general requirements;

6) The professionals engaging in inspection and surveying shall have obtained their practicing qualifications in accordance with the relevant provisions of the AQSIQ, and the number of persons having obtained the practicing qualifications shall be no less than 2/3 of the total number of the persons of the agency.

 

4. Administering organs

Acceptance Institutions: inspection and quarantine bureaus directly under the AQSIQ

Examination Institution: the General Administration of Quality Supervision, Inspection and Quarantine

In the event that the Chinese investor is a large enterprise managed by the relevant department of the State Council, both acceptance institution and examination institution for the said investor shall be the General Administration of Quality Supervision, Inspection and Quarantine.

 

5. Procedures

(1) For an application entity whose Chinese investor is a large enterprise managed by the relevant department of the State Council

1) The application entity shall apply to the AQSIQ and submit relevant documents (see the attachments for the catalogue of documents).

2) The AQSIQ shall, according to whether the application materials submitted by the application entity are complete or not and whether they are in conformity with the statutory form, determine whether to accept or reject it, and issue the written certification in accordance with relevant provisions.

3) After accepting the application, the AQSIQ shall undertake specific examination on the contents of the application materials in accordance with relevant provisions, and perform on-spot examination on the office work locality and the test place of the application entity as well as its corresponding conditions of test and the technical capabilities suitable for the inspection and surveying business.

4) The AQSIQ shall determine whether to approve the license or not according to the results of the examination on application materials and the on-spot examination. For those that are approved, the Qualification Certificate for the Import and Export Commodity Inspection and Survey Body shall be issued; while for those that are not approved, reasons of disapproval shall be provided in written form.

 

(2) For other application entities

1) The application entity shall apply to the local inspection and quarantine institution directly under the AQSIQ and submit relevant documents (see the attachments for the catalogue of documents).

2) The local inspection and quarantine institution directly under the AQSIQ shall, according to whether the application materials submitted by the application entity are complete or not and whether they are in conformity with the statutory form, determine whether to accept or reject it, and issue the written certification in accordance with relevant provisions.

3) After accepting the application, the local inspection and quarantine institution directly under the AQSIQ shall undertake specific examination on the contents of the application materials according to relevant provisions, and perform the on-spot examination on the office work locality and the test place of the application entity as well as its corresponding conditions of test and the technical capabilities suitable for the inspection and surveying business.

4) After the preliminary examination, the local inspection and quarantine institution directly under the AQSIQ shall submit the preliminary examination result and all the application materials to the AQSIQ.

5) The AQSIQ shall, in accordance with relevant provisions, undertake examination on the preliminary examination result and all the application materials, and then determine whether to approve the license or not. For those that are approved, the Qualification Certificate for the Import and Export Commodity Inspection and Survey Body shall be issued; while for those that are not approved, reasons of disapproval shall be provided in written form.

 

6. Examination Period

Whether or not to approve the licensing shall be decided within 20 working days from the date of acceptance (the period of on-spot examination shall not be included in the examination period, but notified separately by the accepting institution in written form). 

 

7. Fees

Expert examination fee shall be charged in accordance with relevant provisions

 

Attachment 1: Catalogue of Documents to Be Submitted

1.      Documents Shall Be Submitted for the Application of Licensing by a Chinese-funded Import and Export Commodity Inspection and Surveying Body:

(1)   Application documents for the establishment of the import and export commodity inspection and authentication institution;

(2)   The notification on pre-ratification of the name of the institution which is ratified and issued by the administration for industry and commerce;

(3)   The testimonials on the use right and ownership of the domicile/office work locality and the test place;

(4)   The documents on the conditions for test and its technical capacities;

(5)   The quality management documents;

(6)   The testimonial proving that it has, in the identity of a third party, legally engaged in inspection and authentication business in China for 3 years or longer;

(7)   The credit certificate of each investor, and the identification documents of the legal representatives (the duplicate); and,

(8)   The duplicates of the qualification certificates obtained by the inspection and surveying professionals.

2.      Documents Shall Be Submitted for the Application of Licensing by a Foreign-funded Import and Export Commodity Inspection and Surveying Body:

(1)   the application documents for the establishment of the import and export commodity inspection and authentication institution;

(2)   the notification on pre-ratification of the name of the institution which is ratified and issued by the administration for industry and commerce;

(3)   The feasibility study report signed by all the investors;

(4)   The documents on the conditions for test and its technical capacities;

(5)   The quality management documents;

(6)   The testimonials on the use right and ownership of the domicile/office work locality and the test place;

(7)   The testimonial of the government or relevant department at the locality of each investor which proves that the investor has legally engaged in inspection and surveying business in the relevant country for 3 years or longer;

(8)   The credit certificate of each investor, and the identification documents of the legal representatives (the duplicate); and

(9)   The duplicates of the qualification certificates obtained by the inspection and surveying professionals.

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