Notice of the State Administration for Market Regulation on Strengthening the Supervision of the Certification and Testing Market
State Market Supervision Certification [2018] No. 173
Provinces、Autonomous regions、Administration for Industry and Commerce of municipalities directly under the Central Government、Bureau of Quality and Technical Supervision、Market regulation departments，Xinjiang Production and Construction Corps Market Supervision and Administration Bureau：
Quality certification is to strengthen quality management under the conditions of market economy、A basic system to improve market efficiency，It is to deepen the reform of "delegating power, delegating power, delegating power, and improving services".、An important starting point for promoting supply-side structural reform。presently，Certification and testing activities are vigorously carried out，in the service manufacturing industry、Ecological environment、strategic emerging industries have played an important role。As of now，nationwide认证机构共计470家，1.75 million valid certificates，More than 580,000 certified organizations are involved；There are a total of 36,327 inspection and testing institutions nationwide，An average of 376 million inspection and testing reports are issued every year。
But，At present, there are still non-standard procedures in some certification and testing fields、Not very effective、The sense of enterprise gain is not strong、"Certification and testing chaos" and other issues。
In order to fully implement the reform requirements of "delegating power, delegating power, delegating power, and improving services" and the spirit of the "13th Five-Year Plan" market supervision plan，In accordance with the "Opinions of the State Council on Strengthening the Construction of Quality Certification System and Promoting Total Quality Management" (Guo Fa [2018] No. 3) on strengthening the supervision of certification, accreditation, inspection and testing activities，The relevant requirements for further strengthening the supervision of the certification and testing market are hereby notified as follows：
One、Fully understand the importance of strengthening and improving the supervision of the certification and testing market
认证检测工作是质量认证体系的主要载体，It is international、A market-oriented evaluation tool that proves that all types of market entities comply with relevant technical standards or norms。Strengthen and improve the supervision of the certification and testing market，It is to play the quality certification "to pass on trust."，Service development" is an important guarantee for the essential attributes and role of "service".，It is also an important part of the large market supervision system。
Market supervision departments at all levels should fully realize that strengthening the supervision of the certification and testing market is essential for maintaining fair competition among all kinds of market entities，Break the phenomenon of "bad money driving out good money" in the certification and testing industry，The importance of achieving the survival of the fittest in the industry，It is necessary to take the supervision of the certification and testing market as an important part of the daily supervision work，Give play to the role of comprehensive supervision，Always grasp unremittingly，Further implement the requirements of the reform of "delegating power, delegating power, delegating power, and improving services".，Create a good market access environment、Competitive environment、Consumption environment。
Two、Problem-oriented，Accurately grasp the key points of supervision
各级市场监管部门要根据认证检测工作的专业特点和主要流程环节，Sort out and analyze the actual situation of the certification and testing industry，Problem-oriented，Get the key to it，Precise positioning，Carry out in-depth supervision of the certification and testing market。
(1) For the management system、Voluntary certification fields such as service and general industrial product certification。Market supervision departments at all levels should increase the proportion of spot checks and supervision of newly approved certification bodies that have found more problems in previous supervision，Focus on the following violations of laws and regulations：First, the certification body buys and sells certificates；Second, the certification record does not match the reality，Critical process audits are not in place；The third is that auditors/inspectors reduce the on-site audit time without authorization, or even go to the site；Fourth, auditors/inspectors receive red envelopes，Asking for unreasonable travel and accommodation expenses, etc。
(2) For the field of food and agricultural product certification。Market supervision departments at all levels should strengthen the production of certified food and agricultural products、processing、Supervision of sales activities，Focus on the following violations of laws and regulations：First, the certification body lowered the organic certification standards without authorization，On-site inspections are less important than serious，Product testing cannot cover all certified product categories，Certification decisions are a mere formality；The second is enterprise forgery、Fraudulent use of organic certification marks or organic codes；The third is the use of prohibited input substances in organic certification bases。
(3) For the field of compulsory product certification。Market regulation departments at all levels should focus on inspecting the following illegal acts：First, the products listed in the catalog are not certified，Unauthorized delivery、sale、import；The second is the period of revocation or suspension of the certification certificate，Products that do not meet the certification requirements，Continue to leave the factory、sale、import；The third is forgery、Fraudulent use、Buy and sell CCC certificates, etc。
(4) For ecological and environmental monitoring institutions and motor vehicle inspection institutions。Market regulation departments at all levels should focus on inspecting the following illegal acts：First, in the implementation process of "three inspections in one".，Diesel truck exhaust gas detection is fraudulent、Shielding and modifying vehicle environmental monitoring parameters and missing items、Illegal acts such as duplicate charges；The second is the scope of qualification and monitoring capabilities of environmental monitoring institutions、Verification and calibration of instruments and equipment、Reference Material Use、Monitoring reports and original records do not meet requirements, etc。
(5) Qualification certification for inspection and testing institutions。Market regulation departments at all levels should focus on inspecting the following illegal acts：First, the qualification certification has not been obtained in accordance with the law、Unauthorized issuance of probative data to the public、outcome；The second is to carry out inspection and testing activities beyond the scope of inspection and testing capabilities specified in the qualification certificate；Third, it has not been inspected and tested or tampered with data、results, etc，Produce probative data to the public、Violations of laws and regulations。
(vi) For accredited laboratories and inspection bodies。Strengthen supervision and management，Guide accreditation institutions to carry out special governance actions，Focus on checking for the following irregularities：The first is the testing beyond the provisions of the accreditation certificate、calibration、Inspections are carried out within the scope of inspection capabilities、Calibration and inspection activities；The second is that it is not possible to maintain the equipment and personnel capabilities within the approved competence on a continuous basis，Impact detection、Validity of calibration and verification results。
Three、Take "Double Random、1. Disclosure" as the basic means，依法履行监管职责
（一）严格依法履职。Market supervision departments at all levels shall follow the "Regulations of the People's Republic of China on Certification and Accreditation"、Measures for the Administration of Certification Bodies、Administrative Measures for the Qualification Accreditation of Inspection and Testing Institutions、"Provisions on the Administration of Compulsory Product Certification" and other laws and regulations，Division of duties according to the law，Carry out daily supervision, inspection and random spot checks on certification and testing activities and certification testing results within the jurisdiction，And in accordance with the law, the certification and testing violations of laws and regulations will be seriously investigated and dealt with。
(2) Fully implement the "double random".、1. Disclosure of "regulatory work requirements."。Market supervision departments at all levels should use the "double random."、1. Disclosure" is the basic inspection method，to certification bodies within the jurisdiction、Certified enterprises、Inspection and testing institutions carry out supervision and inspection。Market supervision departments at all levels can inquire about compulsory products through the certification and accreditation comprehensive supervision platform and the qualification certificate inquiry platform、Management system、serve、Voluntary industrial products、Certification bodies in the field of certification of food and agricultural products、Certified enterprises、Certification certificate and national inspection and testing agency qualification certificate information，Establish a directory of certification and testing market entities in their jurisdictions，Randomly select the inspection objects (certified testing institutions、Certified Enterprise)，Certification and testing institutions with frequent problems、region、industry、The weight of spot checks can be increased。
(3) Strictly investigate and deal with violations of laws and regulations in certification and testing，Concentrate on the special rectification of "certification and testing chaos".。The market supervision departments at all levels shall strictly investigate and deal with the certification and testing behaviors found to be in violation of laws and regulations in accordance with the provisions of laws and regulations。Engaging in certification activities without approval，Engaging in certification activities outside the approved scope，Changes、Certification bodies that omit the procedures specified in the certification rules；Falsification of data and issuance of false detection data and results，Inspection and testing institutions that have violations of laws and regulations，It shall be strictly investigated and dealt with in accordance with the law。Manageability of discovery、Units or individuals with technical problems should be ordered to make rectifications，Clarify the requirements for rectification，And follow-up supervision and implementation。
Recent，Market supervision departments at all levels should address the problem of "certification and testing chaos" reflected in the society，Concentrate on carrying out special rectification actions。In particular, it is necessary to address "illegal certification activities carried out without authorization."；Buy and sell certificates、The key certification process goes through the motions；The certified personnel receive red envelopes、Asking for unreasonable travel and accommodation expenses；The inspection and testing agency does not have a qualification certificate for testing、beyond the scope of qualification certification" and other certification testing violations and violations，Concentrate on remediation，Resolutely go to the scabies and eliminate the evils，Focus on investigating and handling a number of major and important cases，Crack down on violations of laws and regulations in certification and testing，Maintain a fair, just and standardized certification and testing market environment。
thereinto，The originally planned "double random" special inspection of the 2018 quality management system certification results was carried out together with the special rectification work。
Four、Strengthen organizational leadership，Implement job security
（一）加强领导，Organizational safeguards。It is necessary to attach great importance to the supervision of the certification and testing market，Earnestly strengthen leadership，Well organized，Do a good job of communication and coordination，Effectively strengthen manpower、Financial and technical equipment support，Deploy well，Solid progress。
(2) Formulate a plan，Implement accountability。It is necessary to comprehensively consider the actual situation in the jurisdiction，science、Rationally formulate a regulatory work plan，Implement a responsibility system for regulatory law enforcement，Clarify the objectives and responsibilities of law enforcement investigations，Effectively break down work tasks in place、Strict implementation。
(3) Strengthen linkage，Propaganda and guidance。It is necessary to combine the responsibilities and characteristics of local market supervision departments，Research to establish complementary co-governance、Transfer of information、Coordination mechanism for certification and testing market supervision and law enforcement linked by departments，Do a good job in undertaking and coordinating the supervision responsibilities of the certification and testing market。With the help of the internet、news media and other channels，Promptly disclose information on cases of violations，Publish a number of typical cases of certification and testing violations of laws and regulations，Improve the impact and deterrence of regulation，Earnestly form a propaganda momentum。
(4) Complete mechanisms，Long-term propulsion。It is necessary to formulate a long-term mechanism for the supervision of the certification and testing market，Continue to increase the training and training of grassroots law enforcement personnel，Establish and improve a stable team、A professional team of regulatory experts，Improve and smooth channels for applying for complaints and reports，Research the establishment of credit regulation mechanisms，He is good at using "big data" and "Internet +" and other means，Improve regulatory efficiency。
(5) Do a good job of summarizing，Escalate in a timely manner。It is necessary to strengthen work summarization and exchanges，Timely summarize and analyze the supervision of the certification and testing market。Cases of violations that have a greater impact on society，or involving administrative reconsideration、Cases of administrative litigation，Report to the State Administration for Market Regulation in a timely manner。
The State Administration for Market Regulation will supervise and investigate the development of certification and testing market supervision in various places in a timely manner。Market supervision departments at all levels should earnestly implement all tasks，Truthfully reflect the progress and effectiveness of regulatory work、Problems identified and measures taken to address them，Ensure the quality of regulatory work。
State Administration for Market Regulation
2018September 25
source | 国家市场监督总局
statement：This number is reprinted、share、statement、Views remain neutral，The purpose is only to convey more information，The copyright belongs to the original author。If the copyright of the work is involved，Please contact us，We will remove the content as soon as possible!