Work Specifications for the Issuance of Production License of Industrial Products
2009-05-13

1. Project name

    Issuance of Production License of Industrial Products

 

2. Licensing bases

Article 13 of the Product Quality Law of the People’s Republic of China and Article 2 of the Regulations for the Administration of Production License of Industrial Products of the People’s Republic of China

 

3. Scope of licensing

The state practices production licensing on enterprises producing the following important industrial products:

(1)Processed food directly related to human health, such as milk products, meat products, beverages , rice, flour, edible oil, wines;

(2)Products that may endanger life, property and safety, like electric blankets, pressure cookers, gas water heaters;

(3)Products that are related to financial security and communication quality and safety, like fiscal cash registers, anti-fake currency detectors, ground receiving equipment for satellite television broadcasting and wireless broadcast television transmitting equipment;

(4)Products that safeguard labor security, like guard nets, safety helmets, constructing fasteners;

(5)Products that have effects on the safety of production and public life, like electricity iron towers, bridge support saddles, railroad industry products, hydraulic metal structures, dangerous chemical and its wrappings, containers; And

(6)Other products that shall be conducted with production license management according to this regulation in accordance with laws and administrative regulations.

 

4. Licensing requirements:

To get the production license, enterprises shall satisfy the following requirements:

(1)Having a business license;

(2)Equipped with professionals and technical personnel who are qualified for producing the products;

(3)Having Production conditions and inspection and quarantine measures suitable for the producing products;

(4)Having technology and technical documents related to the producing products;

(5)Having a sound and effective quality control system and responsibility system;

(6)The products shall be in line with the related national standards, industry standards and the requirements for guaranteeing human health and safety of life and property; And

(7)Complying with national industrial policies without the explicitly eliminated and forbidden investment involved with outdated production technology, high energy consumption, air pollution, wasting resources. Should there be other laws and regulations, enterprises shall comply with other laws and regulations.

 

5. Licensing quantity:

There is no quantitative limitation. Any qualified enterprises may get the production license.

 

6. Administrating organ(s): General Administration of Quality Supervision, Inspection and Quarantine of the People's Republic of China (hereinafter to be referred as AQSIQ), Provincial-level Bureaus of Quality and Technical Supervision (provincial-level license offices are in charge of the practical work).

 

7. Procedures:

(Ⅰ) Applying and acceptance

1. Enterprises which produce products listed in catalog shall apply for the production license to Provincial-level Bureaus of Quality and Technical Supervision and submit the following materials:

(1) Three copies of the China Industry Products Production License Application;

(2) Three copies of the business license;

(3) Three copies of the production license (for enterprises whose production license’s period of validity expires applying for a new one); and

(4) Other materials required in implementing rules.

2. After receiving an enterprise’s application, should the applying materials be in conformity with the implementing rules, the Provincial-level Bureaus of Quality and Technical Supervision shall accept the application and issue the  Letter of Decision on  Accepting the Administrative Licensing Applications to the applying enterprise in five days since the receiving day; should the applying materials be not in conformity with the implementing rules but can be made up to meet the requirements, the Provincial-level Bureaus of Quality and Technical Supervision shall issue the only one Notification on Making up the Administrative Licensing Applying Materials to the applying enterprises then and there or in five days. Should there be no notification within the time limit, it is regarded as accepting the application since the day of receiving the applying material; As to the enterprise whose applying materials are not in conformity with the Administrative Licensing Law of the People's Republic of China and the Regulations for the Administration of Production License of Industrial Products, decision on not accepting the application shall be made and the Letter of Decision on Not Accepting Administrative Licensing Applications shall be issued. In one of following cases, decision on not accepting the application shall be made and the Letter of Decision on Not Accepting Administrative Licensing Applications shall be issued as well:

(1) The applying items are not within the administration scope of production license;

(2) The applying items are beyond the areas of the administrative organs;

(3) The enterprise whose production license was once suspended applies for production license for the same kind of product within three years;

(4) The applying enterprise whose production license was suspended in accordance with law due to dishonest means such as cheating and bribe used when applying, applies for production license for the same product within three years;

(5) As to the applying enterprise which conceals some relating situations or provides false materials when applying, once it is confirmed, its application shall not be accepted; its application for the same product license in one year shall not be accepted, neither; and

(6) Other legal not-accepting situations.

3. For the application materials which shall be examined and checked by the censor department, offices of production license of Provincial-level Bureaus of Quality and Technical Supervision shall transmit all the application materials to the censor department in five days as of the accepting date.

(Ⅱ) On-site inspection on verification

1. The Provincial-level Bureau of Quality and Technical Supervision or the censor department shall be responsible for the verification and check according to the implementing rules on products.

2. The Provincial-level Bureau of Quality and Technical Supervision or the censor department is responsible for making the on-site verification plan on enterprises and shall notify the verified enterprise five days ahead. If the on-site verification is conducted by the censor department, the censor department shall make a copy of the plan and send it to the Provincial-level Bureau of Quality and Technical Supervision.

3. The Provincial-level Bureau of Quality and Technical Supervision or the censor department shall assign 2-4 verifiers to form an examining group and verify the enterprise on-site. The enterprise shall be cooperative.

4. The censor group shall verify the enterprise on-site, which lasts 1-3 days generally according to the implementing rules of products. The censor group is responsible for the verification result and exercises team leader responsible system.

5. The Provincial-level Bureau of Quality and Technical Supervision, who takes charge of the examination, shall finish the on-site verification on the enterprise and picking out and sealing samples in 30 days as of accepting the application of the enterprise and notify the verified enterprise of the verification results in writing. The censor department, who takes charge of the examination, shall finish the on-site verification on the enterprise and picking out and sealing samples in 30 days since accepting the application of the enterprise and notify the verified enterprise of the verification result on paper and inform the Provincial-level Bureau of Quality and Technical Supervision.

6. The enterprise which fails the on-site verification shall be judged to be unqualified. The results will be reported to AQSIQ on paper by the Provincial-level Bureau of Quality and Technical Supervision. AQSIQ will issue the Letter of Decision on not Granting Administrative Licensing to the enterprise.

7. Should the enterprise fail the on-site verification, the sampling inspection is not conducted. Therefore, the inspection on the enterprise is completed.

(Ⅲ) Product sampling and inspection

1. Should the enterprise pass the on-site verification, the censor group shall pick out and seal samples in accordance with the requirements of implementing rules and inform the enterprise of names and contacting ways of all the inspection authorities that undertake the tasks of inspection, from which the enterprise can choose independently.

2. Should the enterprise pass the on-site verification and the samples need inspecting and testing, it is required to inform the enterprise of sending the sealed samples to the inspection authorities in 7 days since sealing them. Should the samples need on-site inspection, it is the responsibility of the verifier to inform the inspection authority chosen by the enterprise to inspect on-site.

3. The inspecting authority shall finish the inspecting work within the time limit formulated by the implementing rules of products and issue the inspection report.

4. The enterprise whose products fail the inspection shall be judged to be unqualified. The results will be reported to AQSIQ on paper by the Provincial-level Bureau of Quality and Technical Supervision. AQSIQ shall issue the Decision on not Granting Administrative Licensing to the enterprise.

(Ⅳ) Approval and license-issuing

1. The Provincial-level Bureau of Quality and Technical Supervision, who takes charge of the examination, shall collect and examine the materials in accordance with the related regulations, like the application of the enterprise, business license, verification report and products inspection report, and send these documents to the censor department in 30 days as of the day accepting the enterprise’s application. The censor department, who takes charge of the examination, shall collect and examine the materials in accordance with the related regulations, like the application of the enterprise, business license, verification report and products inspection report.

2. The censor department shall send the applying materials to the China License Checkup Center in 40 days as of the date of accepting enterprise’s application.

3. China License Checkup Center shall finish the examination work of the applying materials in 50 days as of the day accepting enterprise’s application and report to China License Office.

4. AQSIQ makes decisions on whether to grant the license in 60 business days as of the day accepting the enterprise’s application. AQSIQ will issue production license to the qualified enterprises in 10 business days since the day when the granting decision is made; as to the unqualified enterprises, AQSIQ shall issue the Decision on not Granting Administrative Licensing to the enterprise in 10 business days as of the day when the decision is made.

5. China License Office shall make name list of the license-obtained enterprises public by Internet, newspapers and periodicals.

(Ⅴ) Production license of group company

1. Group company as well as its subsidiary companies, branches or production base (hereinafter referred as subordinate units) which are qualified with corporate capacity can apply for production license independently; those which are not qualified with corporate capacity may not apply for production license independently as subordinate units.

2. Whether the subordinate units have the legal person status, they may raise the proposal of applying for production license independently or together with the group company.

3. When the subordinate units and the group company together apply for production license, they shall apply to the Provincial-level Bureau of Quality and Technical Supervision at the place where the group company is located. Should the Provincial-level Bureau of Quality and Technical Supervision take charge of on-spot verification on the enterprise, the Provincial-level Bureau of Quality and Technical Supervision at the place where the group company is located may either dispatch the examination group directly or entrust the Provincial-level Bureau of Quality and Technical Supervision at the place where the subordinate units are located to take the charge of verification in written form. The Provincial-level Bureau of Quality and Technical Supervision at the place where the group company is located is responsible for collecting and reporting the related material in accordance with the stated regulations.

4. Other economic associations and its subordinate units applying for production license shall consult the applying procedures of the group company.

(Ⅵ) Filing system of manufacturing consignment

1. Consigning enterprises which intend to apply for filing shall satisfy the following requirements:

(1) The enterprise has obtained valid business license issued by the Administrative Department of Industry and Commerce and the scope of business shall cover the products which are applied for manufacturing consignment filing; and

(2) For those products which apply for manufacturing consignment filing, the enterprise shall run in keeping with the requirements of industrial policy;

(3) Valid and effective manufacturing consignment contract has been signed and notarized and the contract shall make it clear that the consigning enterprise is responsible for the sale of all the products.

2. The commissioned enterprise which intends to apply for filing shall satisfy the following requirements:

(1) The enterprise has obtained a valid business license issued by the Administrative Department of Industry and Commerce and the scope of business shall cover the products which are applied for manufacturing consignment filing;

(2) The enterprise has obtained production license; and

(3) Valid and effective manufacturing consignment contract has been signed and notarized and the contract shall make it clear that the consigning enterprise is responsible for the sale of all the products.

3. The consigning enterprise and the commissioned enterprise shall apply for filing respectively to the Provincial-level Bureau of Quality and Technical Supervision at the place where they are located and submit the following applying materials:

(1) Two copies of the China Industry Products Production License Manufacturing Consignment Filing Application;

(2) Copies of business license of the consigning enterprise and the commissioned enterprise;

(3) A Copy of production license of the commissioned enterprise; and

(4) A Copy of the notarized manufacturing consignment contract.

4. The Provincial-level Bureau of Quality and Technical Supervision shall conduct necessary verification and file the qualified enterprise on record in five days as of the day receiving the application for filing. As for those unqualified, the Bureau shall give reasons for not filing.

 

8. Time Limit:

1. The censor department, which takes charge of the examination, shall finish the work and issue the license in 70 days as of the day accepting the enterprise’s application (The time taken by the inspection authority to conduct products inspection shall not included in the time limit);

2. The Provincial-level Bureau of Quality and Technical Supervision, who takes charge of the examination, shall finish the work and issue the license in 70 days as of the day accepting the enterprise’s application (The time taken by the inspection authority to conduct products inspection shall not included in the time limit).

 

9. Publicizing the examination results

AQSIQ publicizes the name list of the license obtained enterprises and the related information on the website of AQSIQ.

 

10. Charge:

1. Charging basis

(1) Regulations for the Administration of Production License of Industrial Products of the People’s Republic of China (State Council Decree NO. 440);

(2) Basis of charged items: Provisional Regulations for the Charge Administration of Production License of Industrial Products (the fees words [1992]127)

(3) Examination charging bases: Notice of Ministry of Finance and State Planning Commission, on Adjusting the organs for charging the Production License’s Examination Fees (finance [2002]19), Notice of Ministry of Finance and National Development and Reform Commission, on Adjusting the Charging Policies of Production License of Industrial Products (finance [2006]69);

(4) Inspection charging bases: Notice of State Planning Commission and Ministry of Finance on Checking and Ratifying the Charging Standards of Production License of 73 types of Industrial Products (plan fees[1996]1500), Notice on Releasing the Trial Measures on the Charge Administration of Production License of Industrial Products (the fees words [1992]496), Notice of Ministry of Finance and National Development and Reform Commission and Ministry of Finance, on the Charging Standards of Production License of Newly-Added Industrial Products (development reform price[2003]1793 ).

2. Charging standards

(1) Examination and Announcement fees: The examination fee is RMB 2200 Yuan per one enterprise. Add RMB 440Yuan, when one applying item is added in the same examination;

(2) Products inspection fee: The inspection authority bearing production license inspection tasks shall charge in accordance with national regulations for products inspection charging standards.

Note: Implementing rules for Production License and China Industry Products Production License Application can be searched out and downloaded from the website of AQSIQ (www.aqsiq.gov.cn) and Provincial-level Bureau of Quality and Technical Supervision.

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