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Measures for the Administration of National Standards released [full text attached]

 Last Update: 2023-01-05
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【Chemical Machinery and Equipment Network Policies and Regulations】According to the State Administration for Market Regulation, the Measures for the Administration of National Standards (hereinafter referred to as the "Measures") have been adopted at the 10th meeting of the State Administration for Market Regulation on August 30, 2022, and are hereby promulgated and will come into force
on March 1, 2023.

In order to implement the requirements of the Standardization Law of the People's Republic of China (hereinafter referred to as the Standardization Law), the National Standardization Development Outline and the State Council's Reform Plan for Deepening Standardization Work, and to standardize the formulation, implementation and supervision of national standards, the State Administration for Market Regulation organized the revision
of the original Measures.

The revision of the Measures mainly includes the following four aspects
.

First, in order to implement the construction of the national standard system, on the basis of the newly revised "Standardization Law" and combined with the practice of national standardization work, the specific scope
of national standards has been adjusted.

Second, in order to standardize the formulation and management of national standards, the national standard formulation procedures and work requirements
at each stage have been further clarified.

Third, in order to meet the growing demand for standards and improve the level of internationalization of standards, the new requirements
of national standards in terms of formulation and revision procedures, organizational management, and implementation supervision have been clarified.

Fourth, in order to promote the effective implementation of national standards, the feedback mechanism and standard update mechanism
from implementation to formulation have been further improved.

After the promulgation and implementation of the Measures, more effective working mechanisms and practices will be formed in the management, implementation and promotion of national standards, and better support and guarantee the development of
national standards work.

National standard management measures

Chapter I General Provisions

Article 1: These Measures
are formulated in accordance with the Standardization Law of the People's Republic of China in order to strengthen the management of national standards and regulate the formulation, implementation and supervision of national standards.

Article 2: These Measures
apply to the formulation of national standards (including project proposal, project establishment, organization drafting, solicitation of opinions, technical review, external notification, number approval and release), organization and implementation, and supervision work.

Article 3 National standards (including samples of national standards) may be formulated for technical requirements in agriculture, industry, service industries, social undertakings and other fields that need to be unified nationwide, including the following content:

(1) General technical language requirements and interchange requirements such as general technical terms, symbols, classifications, codes (including codes), file formats, and drawing methods;

(2) General technical requirements for resources, energy and the environment;

(3) Technical requirements for general basic parts, basic raw materials, important products and systems; (4) General testing and inspection methods;

(5) General technical requirements for social management, services, and production and circulation management;

(6) General technical requirements for survey, planning, design, construction and acceptance of engineering construction; (7) Technical requirements that play a leading role in all relevant industries;

(8) Other technical requirements
that the state needs to regulate.

Mandatory national standards
shall be formulated for technical requirements for ensuring the safety of human health and life and property, national security, ecological environment security, and meeting the basic needs of economic and social management.

Article 4 Where the technical indicators and relevant analytical test methods stipulated in the national standards require supporting standard samples to ensure their effective implementation, corresponding national standard samples
shall be formulated.
The management of standard samples shall be carried out
in accordance with the relevant provisions of the standardization administrative department under the State Council.

Article 5 The formulation of national standards shall be conducive to facilitating economic and trade exchanges, supporting industrial development, promoting scientific and technological progress, standardizing social governance, and implementing national strategies
.

Article 6: Actively promote the adoption of international standards
in light of national conditions.
The drafting of national standards on the basis of international standards shall conform to the copyright policies
of relevant international organizations.

Encourage the formulation and revision of national standards and corresponding international standards to accelerate the transformation and application
of applicable international standards.

Article 7 Encourage the simultaneous formulation of foreign language versions of national standards in the fields of international trade, production capacity and equipment cooperation, as well as emerging fields related to global economic governance and sustainable development
.

Encourage the simultaneous development of Chinese and foreign language versions of
national standards.

Article 8: The administrative department for standardization under the State Council uniformly manages the formulation of national standards, and is responsible for the establishment of mandatory national standards, the external notification of numbers, and the approval and release of mandatory national standards on the basis of authorization; Responsible for the establishment, organization and drafting, solicitation of opinions, technical review, numbering and approval
of the release of recommended national standards.

The relevant administrative departments of the State Council are responsible for proposing, organizing drafting, soliciting opinions, technical review, and organizing the implementation
of mandatory national standards on the basis of their duties.

The National Professional Standardization Technical Committee (hereinafter referred to as the Technical Committee), established by the standardization administrative department under the State Council and composed of relevant parties, is entrusted by the standardization administrative department under the State Council to be responsible for carrying out the drafting, solicitation of opinions, technical review and review of recommended national standards, undertaking the interpretation of recommended national standards, and entrusted by the relevant administrative department of the State Council to undertake the drafting and technical review of mandatory national standards; Responsible for the organization of translation and review, implementation evaluation and research analysis of national standards in foreign languages
.

The administrative department for standardization under the State Council may, as needed, entrust the relevant administrative department under the State Council and relevant industry associations to guide
the technical committee in carrying out work such as the application for and approval of recommended national standards.

The competent administrative departments for standardization and relevant administrative departments of people's governments at the county level or above shall, on the basis of their legally-prescribed duties, supervise and inspect
the implementation of national standards.

Article 9: The competent administrative department for standardization under the State Council is to organize consultations on the formulation and implementation of national standards that cross departments and fields and where there are major disputes, and if the consultation fails, it is reported to the standardization coordination mechanism under the State Council for resolution
.

Article 10 National standards and foreign language editions are protected by copyright in accordance with law, and the entities that approve the publication of standards enjoy the copyright
of the standards.

Article 11 National standards generally do not involve patents
.
The patents involved in the national standards shall be the patents indispensable for the implementation of the standards, and their management shall be implemented
in accordance with the relevant administrative provisions of the national standards involving patents.

Article 12: The formulation of national standards shall, on the basis of scientific and technological research and social practice experience, ensure the scientificity, standardization, applicability, and timeliness of national standards through methods such as investigation, demonstration, and verification, and improve the quality of
national standards.

The formulation of national standards shall be open and transparent, and opinions from all parties shall be widely solicited
.

Article 13: The administrative department in charge of standardization under the State Council is to establish a national standards verification work system
.
Carry out verification
of the technical requirements and test inspection methods of national standards as needed.

Article 14: The formulation of national standards shall ensure coordination and coordination
among relevant standards.

Article 15: The transformation of scientific and technological achievements into national standards is encouraged, and scientific and technological research and development and standard development are simultaneously promoted around national scientific research projects and active areas of market innovation, and the timeliness
of the transformation of scientific and technological achievements into national standards is increased.

Article 16: Group standards that are advanced and leading, have good implementation results, and need to be popularized and implemented nationwide may be formulated as national standards
in accordance with procedures.

Article 17: Projects that require guidance on the development of technology or have standardization value may be formulated as national standardization guiding technical documents
.

Chapter II: Formulation of National Standards

Article 18: Government departments, social groups, enterprises and public institutions, and citizens may, on the basis of relevant national development plans and the needs of economic and social development, submit proposals for the establishment of national standards to the relevant administrative departments of the State Council, and may also directly submit proposals
for the establishment of national standards to the competent administrative department for standardization under the State Council.

Suggestions for recommending national standard projects may be submitted
to the technical committee.

Encourage the simultaneous submission of international standard project applications
when national standard project proposals are put forward.

Article 19: After receiving a proposal for the establishment of a national standard, the competent administrative department for standardization under the State Council and the relevant administrative department under the State Council shall assess and demonstrate
the necessity and feasibility of the proposal.
Proposals for the establishment of national standards may be entrusted to the technical committee for evaluation
.

Article 20: Where proposals for the establishment of mandatory national standards are to be decided to establish a project after assessment, the relevant administrative department under the State Council is to submit an application
for project establishment on the basis of their duties.

Where a recommendation for the establishment of a national standard project is decided after assessment, the technical committee shall submit an application
for project establishment to the competent administrative department for standardization under the State Council after it is submitted to the relevant administrative department of the State Council or an industry association for review.
Where no technical committee has been established, the relevant administrative department under the State Council

Applications for recommending national standard projects may be submitted directly according to their duties
.

The application materials for project initiation shall include the project declaration form and draft
standards.
The project application shall explain the necessity and feasibility of formulating national standards, the situation of domestic and foreign standards, the degree of consistency with international standards, the main technical requirements, the schedule, etc
.

Article 21: The administrative department for standardization under the State Council is to organize professional national standards review bodies to conduct assessments of national standards projects applying for project establishment, and put forward assessment suggestions
.

The assessment generally includes the following: (1) the status of the standard system in the field;

(2) The standard technical level, industrial development, and expected role and benefits;

(3) Whether it complies with the provisions of laws and administrative regulations, and whether it is coordinated with the technical requirements of relevant standards; (4) Comparison and analysis with relevant international and foreign standards;

(5) Whether it complies with the provisions
of Articles 3, 4, and 5 of these Measures.

Article 22: The administrative department for standardization under the State Council shall publicly solicit opinions on proposed national standard projects through the national standards information public service platform, and the period for soliciting comments is generally not less than 30 days
.
When necessary, the opinions
of the relevant administrative departments under the State Council may be solicited in writing.

Article 23: Where there are major differences between the establishment of a project, the administrative department for standardization under the State Council may, in conjunction with the relevant administrative department under the State Council and relevant industry associations, organize a technical committee to coordinate the content of the dispute and form opinions
on handling.

Article 24: Where the competent administrative department for standardization under the State Council decides to initiate a project, it shall issue a project plan
.
Where the State Council administrative department for standardization decides not to establish a project, it shall promptly give feedback and explain the reasons for not establishing the
project.

Article 25: The period for mandatory national standards to reach the submission of materials for approval shall generally not exceed 24 months
.
The period for recommending national standards to submit materials for approval generally shall not exceed 18 months from
the time the plan is handed down.

Where the national standard cannot be submitted within the time limit specified in the project plan, an extension
shall be applied for 30 days in advance.
The time limit for extension of mandatory national standards shall not exceed twelve months, and the time limit for extension of recommended national standards shall not exceed six months
.

Where implementation is not possible, the administrative department for standardization under the State Council shall terminate the national standards plan
.

In the course of implementing the national standards plan, the standardization administrative department under the State Council may adjust
the content of the national standard plan.

Article 26: The relevant administrative departments or technical committees of the State Council shall organize implementation in accordance with the project plan, and promptly carry out drafting of
national standards.

In drafting national standards, a professional and broadly representative drafting working group shall be established to carry out specific work
such as research, demonstration (verification), preparation, and solicitation of opinions on the drafting of national standards.

Article 27: The drafting working group shall draft national standards for solicitation of comments, preparation instructions, and relevant materials
in accordance with the relevant requirements for the preparation of standards.
Preparation instructions generally include the following:

(1) A brief description of the work, including the source of the task, the background of the formulation, the drafting process, and so forth;

(2) The principles, main contents and basis for the preparation of national standards, and the comparison of technical content before and after the revision when revising national standards;

(3) Analysis and review reports of test verification, technical and economic demonstration, expected economic, social and ecological benefits;

(4) Comparison with the technical content of similar international and foreign standards, or with the relevant data of foreign samples and prototypes tested;

(5) The drafting status based on international standards, and whether international and foreign standards are cited or adopted in compliance with them, and explain the reasons for not adopting international standards;

(6) Relationships with relevant laws, administrative regulations, and relevant standards;

(7) The process and basis for handling major divergent opinions;

(8) relevant explanations involving patents;

(9) Requirements for the implementation of national standards, as well as suggestions for organizational measures, technical measures, transition periods and implementation dates;

(10) Other matters
that should be explained.

Article 28: Draft national standards for soliciting comments and compilation explanations shall be disclosed to the public through channels such as relevant portals and national standards information public service platforms, and at the same time solicit comments
from other relevant administrative departments of the State Council, enterprises and public institutions, social organizations, consumer organizations, scientific research institutions, and other relevant parties involved.

The period for soliciting public comments on national standards is generally not less than 60 days
.
Mandatory national standards shall be notified
to the outside world in accordance with the requirements of the World Trade Organization when soliciting opinions.

The relevant administrative department or technical committee of the State Council shall handle the opinions solicited and form a draft
of the national standard for review.

Article 29: Technical committees shall use the form of meetings to carry out technical reviews of draft national standards for review, focusing on reviewing the scientificity, rationality, applicability, and standardization of technical requirements
.
The organization and voting of the review meeting shall be implemented
in accordance with the relevant provisions of the Administrative Measures of the National Professional Standardization Technical Committee.

Where no technical committee has been established, a review expert group shall be established to conduct the technical review
in the form of a meeting.
The members of the review expert group shall be representative, composed of producers, operators, users, consumers, public interest parties and other relevant parties, and the number of members shall not be less than fifteen
.
The review expert shall be familiar with the technology and standards in the art
.
The technical review shall be conducted by consensus, and if a vote is required, more than three-fourths of the technical review shall be adopted
.
Drafters must not undertake technical review work
.

The review meeting shall form minutes of the meeting and be signed
by all experts participating in the meeting.
Meeting minutes shall truly reflect the review situation, including the time and place of the meeting, the agenda of the meeting, the list of experts, specific review opinions, review conclusions, and so forth
.

Where the technical review is not passed, the technical review shall be submitted again after revision based on the review
opinions.
If coordination is not possible, an application
for termination of the planned project may be filed.

Article 30: Based on the review opinions, the technical committee shall form a draft of the national standard for approval, preparation of explanations, and a form for handling comments, and after review by the relevant administrative department of the State Council or industry associations, report it to the administrative department for standardization under the State Council for approval and release, or approve the release on the basis of authorization by the
State Council.

Where no technical committee has been established, the relevant administrative department under the State Council shall, on the basis of the review opinions, form a draft of the national standard for approval, preparation instructions, and opinion handling forms, and report it to the administrative department for standardization under the State Council for approval and release, or approve the release on the basis of authorization by the
State Council.

The approval materials include:

(1) Submit official documents;

(2) Draft national standards for approval;

(3) Preparation of instructions;

(4) Summary handling forms for soliciting comments;

(5) Review meeting minutes;

(6) Other materials
that need to be submitted.

Article 31: The administrative department for standardization under the State Council entrusts the national standards professional review body to review
the materials submitted for approval of national standards.
The national standards professional review body shall review the following content:

(1) Whether the standards formulation procedures, materials submitted for approval, and the quality of standards preparation meet relevant requirements;

(2) The scientific and rational nature of the technical content of standards, the coordination between standards, and the handling of major divergent opinions;

(3) Whether it complies with relevant laws, administrative regulations, industrial policies, and provisions on fair competition
.

Article 32: Mandatory national standards are to be approved or authorized by the State Council
.
Recommended national standards shall be uniformly approved and numbered by the administrative department for standardization under the State Council, and issued
in the form of announcements.

The code name of the national standard consists of
uppercase Hanyu Pinyin letters.
The code of the mandatory national standard is "GB", the code of the recommended national standard is "GB/T", and the code of the national standard sample is "GSB"
.
The code name of the guidance technical document is "GB/Z"
.

The number of the national standard consists of
the code of the national standard, the sequence number of the national standard and the year number of the national standard issued.
The number of the national standard sample consists of the code number, classification directory number, release sequence number, copy batch number and release year number of the national standard sample
.

Article 33: The time limit may
be shortened during the formulation of national standards urgently needed to respond to emergencies.

Article 34: National standards are to be published
by publishing institutions entrusted by the competent administrative department for standardization under the State Council.

The administrative department for standardization under the State Council shall, in accordance with relevant provisions, disclose the text of the national standard on the national standards information public service platform for public reference
.

Chapter III: Implementation and Supervision of National Standards

Article 35: A reasonable transition period
shall be set between the issuance and implementation of national standards.

Before the implementation of national standards after release, enterprises can choose to implement the original national standards or new national standards
.
After the implementation of the new national standard, the original national standard is abolished
at the same time.

Article 36: Mandatory national standards must be implemented
.
Products and services that do not meet mandatory national standards shall not be produced, sold, imported or provided
.

Recommended national standards encourage adoption
.
Encourage the implementation of recommended national standards
in infrastructure construction, basic public services, social governance, government procurement and other activities.

Article 37: After the promulgation of national standards, all levels of administrative departments for standardization, relevant administrative departments, industry associations, and technical committees shall organize publicity and promotion of
national standards.

Article 38: National standards are to be interpreted by the competent administrative department for standardization under the State Council, and the interpretation of national standards has the same effect
as the standard texts.
After the interpretation is released, the administrative department for standardization under the State Council shall publish the interpretation text
on the national standard information public service platform within 20 days of the release.

The administrative department for standardization under the State Council may entrust the relevant administrative department, industry association or technical committee under the State Council to respond to
inquiries on specific technical issues during the implementation of national standards.
Relevant responses shall be disclosed
in accordance with the relevant provisions on open state information.

Article 39: Enterprises and relevant social organizations developing new products, improving products and services, carrying out technological transformation, and so forth shall comply with the standardization requirements
provided for in these Measures.

Article 40: The administrative department for standardization under the State Council is to establish information feedback mechanisms for the implementation of national standards, and unblock channels
for information feedback.
Encourage individuals and through the National Standards Information Public Service Platform to give feedback on problems arising from the implementation of national standards and suggestions for revision.

All levels of standardization administrative departments, relevant administrative departments, industry associations, and technical committees shall collect information
on the implementation of relevant national standards in their daily work.

Article 41: The State Council administrative department for standardization, the relevant administrative department under the State Council, industry associations, and technical committees shall promptly analyze and handle
feedback on the implementation of national standards.

Article 42: The competent administrative department for standardization under the State Council is to establish mechanisms for evaluating the effects of the implementation of
national standards.
The administrative department for standardization under the State Council shall, on the basis of the implementation of national standards, periodically organize and carry out evaluations
of the effectiveness of the implementation of national standards in key areas.
The assessment of the effectiveness of the implementation of national standards shall include the following content:

(1) the scope of implementation of the standards;

(2) the economic, social and ecological benefits arising from the implementation of standards;

(3) Problems found in the process of standard implementation and suggestions
for revision.

Article 43: The relevant administrative departments of the State Council, relevant industry associations, or technical committees shall, on the basis of feedback on implementation information, assessment of implementation effects, and the needs of economic, social, and scientific and technological development, carry out a review of national standards, and submit review conclusions that continue to be valid, revised, or abolished, and report them to the competent administrative department
for standardization under the State Council.
The review period generally does not exceed five years
.

Where the review conclusion is revised, the relevant administrative department under the State Council, the relevant industry association or technical committee shall propose the revision item
when submitting the review conclusion.

Where the review conclusion is abolished, the administrative department for standardization under the State Council is to publicly solicit opinions through the national standard information public service platform, and the solicitation of opinions is generally not less than 60 days
.
Where there are no major differences of opinion or after coordination, the administrative department for standardization under the State Council shall abolish it in the form of an announcement
.

Article 44 After the promulgation of national standards, individual technical requirements need to be adjusted, supplemented or deleted, and may be modified
through a modification list.
The amendment form shall be proposed by the relevant administrative department of the State Council, relevant industry association or technical committee, and shall be issued
in the form of an announcement after approval by the administrative department for standardization under the State Council in accordance with the procedures.
The amendment list of national standards has the same effect
as the standard text.

Chapter IV Supplementary Provisions

Article 45: Where the "Measures for the Administration of Mandatory National Standards" have other provisions on the formulation, organization, implementation, and supervision of mandatory national standards, follow those provisions
.

Article 46: These Measures shall take effect
on March 1, 2023.
The Measures for the Administration of National Standards promulgated by Order No.
10 of the former State Bureau of Technical Supervision on August 24, 1990 were abolished
at the same time.

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