ncies shall becovered by the state or local financial allocations according to theactual needs.The economic commission at various levels are responsible for leadership,organization and coordination of the supervision and control over productquality.Article 17Responsible departments of the trades and responsible departments for theenterprises at various levels are responsible for the control over thequality of products in the respective trades within their authorization,which covers: formulating or taking part in the formulation of the qualitystandards for the products in their respective areas of responsibility andthe pertinent rules and regulations, being responsible for supervision andcontrol over the quality of products, urging the enterprises to ensure thequality of product, perfecting the quality guaranteeing system, andorganizing the issuance of production licences.Article 18Exercise social supervision over the quality of product. The customer canmake inquiries about the quality of the product at the manufacturer, theenterprises for storing and transporting, and the marketing firms; and thesocial associations and organizations can help the customers participatein the mediation, arbitration over quality disputes, and support thecustomers to file lawsuits with the people's court.Article 19The customer can, according to the mutual agreement between the customerand manufacturer, send his representative to the manufacturer to conducton-the-spot-supervision over the process of the production and the qualityof the product.
【章名】Chapter VI Settlement of Disputes over Quality Responsibility for the Product
Article 20Any dispute arising from the quality of product shall, provided there isan economic contract, observe the relevant stipulations in the EconomicContract Law. In the absence of such contracts, either party to thedispute can refer the dispute to a relevant quality-supervising agency formediation or settlement, or take the case to the people's court.Article 21In case of any dispute over the data of technical testing of the qualityof product, the party concerned or the mediating or arbitrating agenciescan entrust legally designated quality-testing unit for arbitral testing;and the said quality testing unit shall be responsible for the data of thearbitral testing.Article 22Unless otherwise stipulated by the government, the request for arbitrationor prosecution over quality responsibility shall be raised within one yearfrom the date the party concerned is aware of or should be aware of hisinterest and rights being damaged. Where the party bearing the qualityresponsibility for the product is willing to bear the responsibility, itis not limited by the term of validity.
【章名】Chapter VII Penalties
Article 23Where the product of an enterprise fails to reach the state-stipulatedstandards, the competent authoritative department of the said enterpriseshall order the enterprise to rectify production within a fixed period.Where the said rectification within the fixed period turns out to be of noeffect, the competent authoritative department of the said enterpriseshall order it to stop production or switch over to a new line ofproducts, or even suggest that the relevant authorities revoke theproduction licence and the business licence. In the period ofrectification, the competent authoritative department responsible for thesaid enterprise may, according to different circumstances, deduct thebonus and wages of the executive members of the enterprise and of thestaff and workers.Article 24Where the manufacturer or marketing firm has committed one of thefollowing acts in violation of the stipulations of the presentRegulations, the authoritative department responsible for the enterpriseor firm shall mete out disciplinary punishment to the responsible personsof the enterprise and to the persons bearing direct responsibility; andthe industry and commerce administrative organ shall confiscate all theillegal income, and impose on it a fine equivalent to 15% to 20% of theillegal income according to the degree of seriousness of the case; or eventhe legal liabilities shall be fixed by the judicial organs through dueinvestigation.1. manufacture or market adulterated product or imitated product, or passoff "substandard" product as qualified;2. manufacture or market products without indicating the name and addressof the manufacturer;3. manufacture or market products without quality certificate;4. manufacture or market products of which the State has issued explicitorder for their elimination;5. manufacture or market the products on which the State adopts the systemof production licence, but fails to renew the said production licenceafter its expiry;6. manufacture or market products manufactured or assembled withunqualified raw materials, parts or components;7. manufacture or market products in violation of the requirementsstipulated by state laws and regulations concerning safety, hygiene,environmental protection and measuring;8. market products which have passed the expiry date.The incomes collected from fines shall be handed to the state treasury.
Article 25In the course of sample-check on quality supervision, in case it is foundthat the manufacturer or marketing firm has committed the act(s) listed inArticle 24, the quality-supervising agency shall treat the case accordingto the stipulation in Article 24. As regards the product not in conformityto the provision of Item (7) of Article 9 of the present Regulations, theproduct shall be destroyed on the spot by the quality-supervising agencyor be given the necessary technical treatment; and the manufacturer andthe marketing firm shall be ordered to recover within the given time allthe substandard products that have already been sold.In case of violation of the stipulations in Article 8 of the presentRegulations, or retaliation against quality-testing personnel, or theworking personnel in quality-supervising and quality-testing agencies actwrongly out of personal consideration, the responsible authoritativedepartment shall mete out disciplinary punishment. As regards those ofextraordinary seriousness, criminal liabilities shall be investigated andfixed according to law.Article 26Where the poor quality of the product has resulted in the injury or deathof the customer, and in his loss of property, hence violating the criminalcode, the judicial organs shall investigate and fix the legal liability ofthe party concerned.Article 27The above-mentioned penalty does not acquit the party bearing the qualityresponsibility of its responsibility for the guaranteed repair,replacement, recovering the product with the money already paid, and thecompensation for the actual economic loss to the customer(s).
【章名】Chapter VIII Supplementary Provisions
Article 28The relevant responsible authorities may, in line with the provisions ofthe present Regulations, work out the implementing details. The qualityresponsibility regulations for import & export products, for goods withmilitary application as well as goods for special requirements, therelevant authorities may, with reference to the principles of the presentRegulations, enact separate specific regulations.Article 29The present Regulations apply to all enterprises with ownership by thewhole people, enterprises with ownership by the collective, individualindustrial and commercial operators as well as the Chinese-foreign equityjoint ventures, contractual joint ventures, and foreign-capitalenterprises.Article 30The State Economic Commission is authorized to interpret the presentRegulations.Article 31The present Regulations shall go into force on July 1st, 1986.