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Regulations on Quality Responsibility for Industri
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1986.04.05
STATE COUNCIL OF CHINA
REGULATIONS ON QUALITY RESPONSIBILITY FOR INDUSTRIAL PRODUCTS
(Promulgated by the State Council on April 5,1986)
CONTENTS
CHAPTER I GENERAL PROVISIONS
CHAPTER II QUALITY RESPONSIBILITY OF THE PRODUCT MANUFACTURER
  CHAPTER  III  QUALITY  RESPONSIBILITY  OF  ENTERPRISES  FOR
STORING OR TRANSPORTING THE PRODUCT
CHAPTER IV QUALITY RESPONSIBILITY OF THE MARKETING FIRM OF THE PRODUCT
CHAPTER V SUPERVISION AND CONTROL OVER THE QUALITY OF PRODUCT
 CHAPTER  VI  SETTLEMENT OF DISPUTES OVER QUALITY RESPONSIBILITY
FOR THE PRODUCT
CHAPTER VII PENALTIES
CHAPTER VIII SUPPLEMENTARY PROVISIONS
CHAPTER I GENERAL PROVISIONS
 @@  Article  1.  The  present Regulations are enacted in order to
define  the  quality   responsibility  for  industrial  products
("products"  for short hereinafter), safeguard the legitimate rights
of the customer and consumer ("cumstomer" for short hereinafter),
ensure  the  healthy  development  of commodity economy in a planned
way, and promote socialist modernization.
 @@  Article  2. "Quality of product" refers to the requirement
for the applications, safety and other properties of the products
stipulated in related laws and regulations, quality standards and
contracts.
  "Quality  responsibility  for  products"  refers  to  the
responsibility that shall  be born due to the product's failure to
satisfy the abovementioned requirements, which leads to loss on the
part of the customer.
  @@  Article  3.  The  national standardization department is
responsible  for drawing  up the unified national standards. The
national standards shall not be  lower  than  the  international
standards.  National  standards  may be classified and graded. The
competent  authorities responsible for the enterprise shall fix a
time limit for achieving the highest grade of the national standards.
The  price department of the Central Government shall fix the prices
according  to the grades of standards and implement the principle of
"price according to quality".
 @@  Article  4.  The  enterprises engaging in the production,
storing, transporting  and  marketing  of  the  product  must, in
accordance with the stipulations  of  the  present  Regulations,
undertake  the  quality responsibility for the products.
 The  various  departments,  various  localities,  especially the
competent authorities  for  the manufacturer must exercise strict
control over the quality of the products, supervise and see that the
manufacturer concerned abides  by the principle of "quality first",
with a view to guaranteeing the quality of product and undertaking
quality responsibility. Those failing to exercise effective control
and supervision shall also undertake liability arising therefrom.
 @@  Article  5.  Quality-supervision agencies and the industry and
commerce administration  departments  must  keep  supervision over
the quality of product and protect the interest of the customer.
 @@  Article  6.  The quality certificate, manuals, "high-quality"
sign and identity  sign of a product must all be in conformity
with the actual quality level of the product.
 The  explanation in the advertisement of the product must conform
to the actual quality of the product.
 @@  Article  7. All the manufacturers and the marketing firms must
observe strictly the following rules:
 (1)  un-qualified  product  is  forbidden from being dispatched
from the factory or marketed;
 (2)  un-qualified  raw materials and parts and components are not
allowed to be put into production or be used for assembly;
 (3) It is forbidden to manufacture the products whose elimination the
state has explicitly ordered;
 (4)  Product without the product-quality standard or without being
tested by the  state quality-testing organ is not allowed to be
manufactured and marketed;
 (5)  It  is  forbidden  to  plot frauds, to pass off un-qualified
product as qualified, to forge trademarks, or to imitate the famous
brand products.
 All the manufacturers and marketing firms are not allowed to sell
their products by way of coupling-sale.
CHAPTER II QUALITY RESPONSIBILITY OF THE PRODUCT MANUFACTURER
 @@  Article  8.  The manufacturer of the product must make sure
that the quality  of  the product conforms to the requirements laid
down  by  relevant  laws  and regulations, quality standards and
stipulations of the contract.
  The  manufacturer  of  the  product must set up a strict,
wellcoordinated and effective  quality-guarantee  system,  with  a
view  to  fixing the quality responsibility for the product in an
explicit manner.
 The  manufacturer  must  see  to it that the quality-inspecting
organ can independently perform i

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