compulsory industry standards and local standards are to be cancelled

On the afternoon of April 24, the 27th session of the Standing Committee of the 12th National People’s Congress held its first plenary session. Entrusted by the State Council, Tian Shihong, director of the National Standardization Administration Commission, made an explanation on the proposal for the review of the revised draft of the standardization law< According to the introduction, with the development of China's national economy and social undertakings, the standard system and management measures established by the current standardization law can not fully meet the actual needs. 1n order to solve the outstanding problems in practice and give better play to the role of standards in promoting the sustained and healthy economic development and all-round social progress, AQS1Q drafted the amendment to the standardization law of the people's Republic of China (Draft for approval) according to the reform plan for deepening standardization work of the State Council, and submitted it to the State Council in July 2015. The Legislative Affairs Office of the State Council extensively solicited opinions and, together with AQS1Q, repeatedly studied and revised the law, forming the "Standardization Law (Revised Draft)". After being deliberated and approved by the executive meeting of the State Council, the revised draft shall be submitted to the Standing Committee of the National People's Congress for deliberation< The main contents of the revised draft are as follows: 1. Expand the scope of the standard from the international and domestic standardization practice, the standardization has broken through the current law in the field of industrial products, engineering construction and environmental protection, and has been widely applied in the fields of agriculture, environmental protection and so on Service industry and social management are widely used. 1n order to better play the basic and strategic role of standards and meet the needs of practice for standardization, the draft expands the scope of standard formulation to agriculture, industry, service industry and social undertakings< The establishment of an authoritative and efficient standardization coordination mechanism is an important guarantee for the timely introduction and effective implementation of important standards. The draft clearly establishes the standardization coordination mechanism of the State Council, promotes the major reform of standardization as a whole, studies major standardization policies, and coordinates the formulation and implementation of cross sectoral and cross domain standards with major disputes< 3. Strengthen the unified management of mandatory standards mandatory standards are the basis of production and operation activities, important market rules, and the bottom line requirements of economic and social operation, so we must enhance the unity and authority. 1n order to solve the problems of many subjects and overlapping standards in the compulsory standard system determined by the current law, the draft cancels the compulsory industry standards and local standards, and only retains the compulsory national standards. At the same time, the scope of compulsory standards is strictly limited to “ensuring personal health and safety of life and property, national security, ecological environment security and meeting the basic requirements of social and economic management”. 1n order to manage compulsory national standards as a whole and enhance their authority, it is stipulated that compulsory national standards shall be approved or authorized by the State Council< 1n order to meet the actual needs of local standardization work, under the background of the current decentralization of administrative and legislative power, the draft devolves the power of local standard setting to the cities and autonomous prefectures divided into districts. The standardization administrative department of the people's Government of a city or autonomous prefecture divided into districts may, in accordance with the special needs of its own administrative region and with the approval of the standardization administrative department of the people's Government of the province, autonomous region or municipality directly under the central government where it is located, formulate local standards for its own administrative region. Local standards shall be submitted by the standardization administrative department of the people's Government of the province, autonomous region or municipality directly under the central government to the standardization administrative department of the State Council and relevant administrative departments of the State Council for the record< Giving group standards legal status cultivating and developing group standards is the highlight and focus of this standardization reform. The development of foreign group standard is very mature. Group standard is not only an important part of foreign standard system, but also the most active and close to the market demand. However, in China, group standards have no legal status, which leads to the ineffective supply of standards that are independently formulated by the market and quickly reflect the demand. To this end, the draft clearly gives the legal status of group standards, stipulating that “social organizations established according to law can formulate group standards”. At the same time, in order to avoid “disorder as soon as it is released”, the draft stipulates that “the formulation of group standards shall be regulated, guided and supervised by the standardization administrative department of the State Council. Measures for the administration of group standards shall be formulated and promulgated by the administrative department for standardization under the State Council in conjunction with relevant administrative departments. “< 6. Establish the self declaration and supervision system of enterprise product and service standards the filing system of enterprise product standards established by the current standardization law reflects the enterprise standardization management thinking in the period of planned economy and weakens the main responsibility of enterprises. The draft cancels the current filing system of enterprise product standards, requires that the product standards implemented by enterprises should be disclosed to the public by themselves, and encourages enterprises to disclose the service standards implemented to the public. At the same time, in order to ensure the effective implementation of the system and facilitate consumers’ query and comparison, the draft requires that the information should be disclosed on the “public service platform of enterprise product standard information”. As for the specific contents and details to be disclosed by enterprises, the draft is only a principle requirement< 1n order to meet the needs of society for timely, accurate and convenient access to standard information, and better play the role of standards in promoting national economic and social development, the draft specifies that mandatory standards should be made public for free. The state promotes free disclosure of recommended standards to the public< 1n order to ensure that the standards can effectively reflect the market demand, the draft stipulates that mandatory standards and recommended standards should be formulated, and the actual needs of relevant administrative departments, enterprises and social organizations should be investigated at the time of project establishment, and various ways should be adopted to solicit opinions according to the principle of convenience and effectiveness. Priority shall be given to the establishment of standard projects urgently needed for national economic and social development, and the deadline for completion shall be determined. At the same time, the draft establishes an information feedback mechanism for the implementation of standards, and stipulates that the standardization administrative department of the State Council, relevant administrative departments of the State Council, and standardization administrative departments of local people's governments at or above the city level divided into districts shall regularly evaluate and review the standards formulated by them. The results of the reexamination shall be taken as the basis for the revision and repeal of the standards in order to give full play to the basic and strategic role of standards, the revised draft intends to expand the scope of standards from industrial products, engineering construction and environmental protection as stipulated in the current law to agriculture, industry, service industry and social undertakings the revised draft stipulates that the current mandatory national standards, industry standards and local standards should be integrated into mandatory national standards, and the scope of mandatory national standards should be strictly limited to the technical requirements of protecting human health, life and property safety, national security, ecological environment safety and meeting the basic needs of social and economic management, and the mandatory industry standards should be cancelled Local standards in order to solve the problem of aging and lack of standards, the revised draft further defines the responsibilities of the standardization administrative department of the State Council, relevant administrative departments of the State Council and standardization administrative departments of local people’s governments in formulating recommended national standards, industrial standards and local standards according to the revised draft, in order to better play the role of standards in promoting national economic and social development, it is clear that mandatory standards should be open to the public for free. The state promotes free disclosure of recommended standards to the public the overall consideration of revising the current law is to focus on the strict implementation of the reform plan for deepening standardization work, to provide legal basis and institutional guarantee for the reform, and to take into account the mature experience in practice and the consensus of all relevant departments< 1t is reported that on April 27, the Standing Committee of the National People's Congress will also examine the bill in groups< background of revision of standardization law China’s current standardization law was promulgated in 1988 and has been implemented for nearly 30 years, which has played an important role in improving product quality and efficiency and promoting the development of national economy. However, with the rapid development of economy and society, the current standardization law can not adapt to the new situation and needs to be modified first, the scope of standards is too narrow, mainly limited to industrial products, engineering construction and environmental protection requirements, which is difficult to meet the needs of economic quality, efficiency and upgrading secondly, the main body of compulsory standards is scattered, the scope is too wide, and the content is overlapping and contradictory, which is not conducive to the establishment of a unified market system thirdly, the standard system is not reasonable enough, too many standards are set by the government, and too strict restrictions are imposed on the independent setting of standards by market entities such as groups and enterprises, which leads to the lack of effective supply of standards fourthly, the working mechanism of standardization is not perfect, which restricts the improvement of standardization management efficiency and is not conducive to strengthening the supervision during and after the event in recent years, deputies to the National People’s Congress and members of the Chinese people’s Political Consultative Conference (CPPCC) put forward motions, proposals and suggestions on Revising the standardization law every year. 1n order to solve the outstanding problems in practice and give better play to the role of standards in promoting sustainable and healthy economic development and all-round social progress, the revision of the standardization law has been listed in the first category of the legislative plan of the Standing Committee of the 12th National People’s Congress