Certification process

In accordance with the requirements of the "Notice of the General Office of the State Council Forwarding the Implementation Opinions of the Central Organization Department and the State Administration for Quality Supervision, Inspection and Quarantine on Integrating Inspection, Testing and Certification Institutions," the State Administration for Quality Supervision, Inspection and Quarantine (AQSIQ) issued the "Administrative Measures for the Accreditation of Inspection and Testing Institutions" (AQSIQ Order No. 163) on April 9, 2015. Recently, relevant officials from the AQSIQ's Department of Legal Affairs and the Certification and Accreditation Administration of China (CNCA) provided interpretations of the relevant content and reform highlights of these measures.

I. Scientifically Setting Up Accreditation Items for Inspection and Testing Institutions, Ensuring Legality and Compliance.

Following the State Council's deployment to reduce and delegate administrative licensing items, the AQSIQ merged the original three licensing items—metrological certification, qualification accreditation, and laboratory and inspection body accreditation—into one: accreditation of inspection and testing institutions. The qualification accreditation of product quality inspection institutions was adjusted to adopt other administrative management methods. The accreditation of inspection and testing institutions implements a one-time acceptance, one-time review, and one-time licensing decision system, further improving the unified market access system for inspection and testing institutions that issue data and results with evidentiary value to the public.

Adhering to the rule of law principle that "no action may be taken without legal authorization," the regulations clarify the scope of accreditation for testing and inspection institutions, clearly define the definition of testing and inspection institutions, and emphasize that testing and inspection institutions that issue data and results with evidentiary value for judicial rulings, administrative decisions, arbitration decisions, or social and economic activities and public welfare activities must obtain accreditation.

II. Relaxing the entry requirements for testing and inspection institutions to promote fair competition.

Firstly, following the rule of law principle that "anything not prohibited by law is permitted," the regulations clarify that any legal person or other organization legally established and capable of assuming corresponding legal responsibility may apply for accreditation. This includes branches of corporate entities and special general partnerships that have obtained a business license issued by the industrial and commercial administration department, as well as other organizations such as private non-enterprise units registered with the civil affairs department. The aim is to eliminate departmental, industry, and regional monopolies, encourage and support social forces to carry out testing and inspection activities, create a market environment for competition among various entities, and gradually increase the degree of marketization.

Second, it emphasizes the technical capabilities and management requirements of testing and inspection institutions, scientifically formulating accreditation conditions from five aspects: personnel, equipment, materials, methods, and environment, thus defining the professional technical organization attributes of testing and inspection institutions.

Third, it eliminates the requirement that foreign investors establishing foreign-invested testing and inspection institutions in China must have at least three years of experience in the testing and inspection industry, reflecting national treatment and encouraging fair competition.

Third, it extends the validity period of licenses, optimizes the licensing review process, and reduces the burden on institutions.

First, it extends the original accreditation validity period from 3 years to 6 years, reducing the burden of frequent reviews for institutions due to short license validity periods.

Second, it simplifies the licensing review process and content. It identifies key control points for review, strengthens the verification of institutions' technical and management capabilities, and simplifies document review. It differentiates between initial and follow-up reviews, determining the review method based on the testing and inspection institution's application, self-declaration, and classification supervision status, reducing unnecessary on-site reviews.

Third, it strictly limits the license period and review timeframe. The licensing timeframe strictly adheres to the provisions of the Administrative Licensing Law; except for reasons attributable to the institution itself, the technical review timeframe shall not exceed 45 days. For branches of testing and inspection institutions established in accordance with the law, the accreditation department may shorten the technical review time based on specific circumstances.

IV. Strengthen the professional standards of testing and inspection institutions, ensuring independence, impartiality, and integrity.

First, strengthen the requirements for professional standards of testing and inspection institutions, emphasizing the industry attributes of objectivity, independence, fairness, impartiality, and honesty. Implement the main responsibility of institutions and promote strict self-discipline. Testing and inspection institutions should publish self-declarations on their official websites or through other public means regarding their compliance with laws and regulations, independent and impartial practice, and fulfillment of social responsibilities, and be responsible for the authenticity of these declarations.

Second, testing and inspection institutions should improve their internal quality control systems, gradually establish various risk prevention systems, strengthen the management and control of testing and inspection personnel and the entire testing and inspection process, and ensure the authenticity and accuracy of data and results issued.

Third, actively participate in proficiency testing and comparison organized by relevant government departments, international organizations, and professional technical evaluation institutions to continuously improve their technical capabilities.

V. Strengthen in-process and post-process supervision and strictly enforce legal responsibilities.

First, establish integrity files for testing and inspection institutions and implement a classified supervision system. The accreditation authorities establish integrity files for testing and inspection institutions based on the risk level of their professional fields, their self-declarations, accreditation by accreditation bodies, and information from supervision, inspections, and complaints. Based on the institutions' credit ratings, categorized supervision is implemented, and "red lists" and "black lists" are published to encourage excellence, spur lagging institutions, guide the healthy development of the testing and inspection market, and support outstanding institutions to grow stronger and larger.

Second, a sound information disclosure system for accreditation is established. Accreditation authorities should publish information on accredited testing and inspection institutions on their official websites, indicating the status of their accreditation certificates. The National Certification and Accreditation Administration (CNCA) will establish a national information query platform for testing and inspection institutions to facilitate public inquiry and social supervision.

Third, a warning system is established. Accreditation authorities can, as needed for supervision, inquire about relevant matters with the heads and relevant personnel of testing and inspection institutions, and issue warnings if problems are found.

Fourth, strict legal accountability and proportionality of punishment are enforced. For new problems and situations arising in testing and inspection activities where current laws and regulations do not provide for penalties, this method will supplement and improve such measures within the scope of departmental regulations. The regulations stipulate administrative penalties such as warnings, fines, and revocation of accreditation certificates for various violations, ensuring that punishments are legally justified and providing legal support for regulatory work. This will have a positive impact on standardizing and promoting the healthy development of the testing and inspection market. (Source: State Administration for Quality Supervision, Inspection and Quarantine)