Shanghai Municipal Standardization Regulations

(Adopted at the 35th Session of the Standing Committee of the 11th Shanghai Municipal Peoples Congress on December 28, 2001; revised at the 13th Session of the Standing Committee of the 15th Shanghai Municipal Peoples Congress on July 25, 2019)

Chapter I  General Provisions

Article 1 With a view to strengthening the standardization work of this Municipality, improving the quality of products and services, promoting scientific and technological progress and technological innovation, and improving the level of economic and social development, these Regulations are hereby formulated in accordance with the Standardization Law of the Peoples Republic of China and other laws and rules, and in the light of the actual circumstances of this Municipality,

Article 2 These Regulations apply to the activities such as the formulation, implementation and supervision of the standards within the administrative area of this Municipality. Where the laws, rules and the decisions of the State Council provide otherwise, such provisions shall prevail.

Article 3 The municipal and district peoples governments shall incorporate the standardization work into the national economic and social development plan at the same level, incorporate the standardization work funds into the budget at the same level, formulate policies and measures, and promote the construction of the standardization system.

The Municipal Peoples Government shall establish a standardization and coordination mechanism to coordinate and promote the major reforms and policy formulation of this Municipality, and to coordinate major issues in standardization work.

The district peoples government may establish a standardization coordination mechanism according to the needs of the work, and uniformly coordinate major issues in the standardization work within its administrative region.

Article 4 The municipal standardization competent administrative department shall uniformly manage the standardization work of this Municipality. The related municipal administrative departments shall take special control of the standardization work of the corresponding department and industry.

The district standardization competent administrative department shall uniformly manage the standardization work within its administrative region. The relevant administrative departments of the district shall take special control of the standardization work of the corresponding department and industry.

Article 5 This Municipality shall continue to deepen the reform and innovation of standardization work, optimize the standardization working mechanism, and raise the public service level of standardization.

It shall be encouraged to increase the market supply of standardized services, accelerate the development of standardized service organizations, guide enterprises, social organizations and educational and scientific research institutions to participate in standardization services, improve the standardized service ecosystem, promote the integration of standardized service industries and related industries, and create a good market environment of standardized services.

Article 6 Units and individuals that have made outstanding achievements in the standardization work of this Municipality shall be commended and rewarded in accordance with the relevant provisions of the State and this Municipality.

Enterprises, social organizations, and educational and scientific research institutions shall be encouraged to incorporate the participation of standards formulation into the individual evaluation index of professional titles according to the actual situation of the unit, as the performance achievement of professional technical qualifications.

The standard innovations that create significant economic and social benefits shall be included in the evaluation for this Municipalitys science and technology awards.

Chapter II  Formulation of Standards

Article 7 The formulation of standards shall be conducive to the scientific and rational use of resources, the promotion of scientific and technological achievements, the guidance of industrial transformation and upgrading and model innovation, the improvement of social governance and public service, the improvement of economic, social and ecological benefits, and the achievement of technological advancement and economical rationality

Article 8 The technical requirements of local standards, group standards, enterprise standards, and local standardization guiding technical documents shall not be lower than the relevant technical requirements of the mandatory standards.

It is forbidden to use standards and local standardization guiding technical documents to implement such actions of exclusion and restriction of market competition that obstruct the circulation of goods and services,

Article 9 In order to adapt to the high-quality development of this Municipality’s economy and society, the municipal standardization competent administrative department may formulate local standards for the special technical requirements that need to meet the natural conditions and customs of this Municipality in the fields of agriculture, industry, service, and social undertakings.

Article 10 The municipal standardization competent administrative department shall publish the guidelines for the establishment of local standards every year, and publicly solicit proposals for the establishment of local standards. Units and individuals may, in accordance with the requirements of the local standard project guidelines, submit local standard project proposals to the municipal standardization competent administrative department or the relevant municipal administrative department.

On the basis of summarizing and studying the project proposal, the relevant municipal administrative department shall submit an application for local standard project to the municipal standardization competent administrative department according to the actual needs of the corresponding department and industry.

The municipal standardization competent administrative department shall organize the implementation of the project demonstration, prepare the local standard formulation project plan, and announce it to the public.

In order to protect the major public interests, or to respond to emergencies, if local standards need to be issued in a timely manner, they can be quickly established and prioritized.

Article 11 The relevant technical unit shall, under the guidance of the relevant municipal administrative department, organize the early study of local standards, and complete the drafting of local standards, technical review, etc. on the basis of extensive consultation with interested parties and the public opinions.

The municipal standardization competent administrative department shall organize the examination of the draft local standards. If the examination and approval is passed, the municipal standardization competent administrative department shall be responsible for the unified numbering and issuance, and shall report to the standardization competent administrative department of the State Council for the record; if the examination fails, the reasons shall be stated in writing.

Article 12 For those who do not have the conditions for the formulation of local standards and need uniform technical requirements, the relevant municipal administrative departments and the district peoples governments may, according to the needs of economic and social development, formulate procedures in accordance with local standards and formulate the guidelines for local standardization. The local standardization guidance technical documents shall be reported to the municipal standardization competent administrative department for the record.

The content of local standardization guiding technical documents shall not involve the rights and obligations of citizens, legal persons or other organizations.

Local standardization guidance technical documents are valid for a maximum of three years. Where there are conditions for the formulation of local standards, local standards shall be formulated in a timely manner.

Article 13 Establishing group standards should aim at meeting market and innovation needs, focusing on new technologies, new industries, new formats and new models, and filling the standard gap. Social groups shall be encouraged to prepare group standards that are higher than the specific technical requirements of the recommended standards and that have international advanced levels.

The group standard setting process includes the establishment of projects, solicitation of opinions, and technical review. In the process of opinions soliciting, the opinions of interested parties should be fully heard; if social public interests such as personal safety, ecological environment safety, and consumer rights protection are involved, public opinions should be solicited.

The municipal standardization competent administrative department shall, in conjunction with the relevant municipal administrative departments, regulate, guide and supervise the formulation of group standards.

Article 14 An enterprise may formulate its own enterprise standards according to its needs, or jointly establish enterprise standards with other enterprises as the basis for organizing production, sales and service. Enterprises shall be encouraged to formulate enterprise standards that are higher than the relevant technical standards of recommended standards and that have international advanced levels, and guided to translate scientific and technological innovation achievements into enterprise standards.

In the standardization work, foreign-funded enterprises shall enjoy the same treatment as domestic-funded enterprises and shall abide by laws, rules, regulations and relevant provisions.

Organizations other than enterprises, social organizations, and other educational and scientific research institutions that formulate their own products, services, and management standards may refer to the relevant provisions of the enterprise standards.

Article 15 If the core elements and key technical indicators of group standards and enterprise standards have reached the international and domestic advanced level, and the implementation effects are significant, encouragement may be given in the standardization work awards or government quality awards.

Article 16 The municipal standardization competent administrative department and relevant administrative departments shall take measures to promote the upgrading of local standards to the national standards and international standards; promote the docking transformation of military and civilian standards, and improve the compatibility of military and civilian standards.

If the implementation of group standards and enterprise standards achieves good economic and social benefits, such standards may be referred to or adopted when  local standards are formulated.

Chapter III  Implementation of Standards

Article 17 The municipal standardization competent administrative department shall disclose the local standard text to the public free of charge.

Where the local standards need to be explained in the implementation, the municipal standardization competent administrative department together with the relevant administrative departments shall be responsible for the interpretation thereof

Article 18 Social organizations and enterprises shall ensure to the public that their published standards comply with the requirements of laws, rules, regulations and compulsory standards, comply with the relevant industrial policies of the State and this Municipality, and that they are responsible for the legality and authenticity of public information. .

The enterprise shall disclose the number and name of its implementation standards; if the enterprise implements its own established enterprise standards, it shall also disclose the functional indicators of the products and services and the performance indicators of the products.

The group standards and enterprise standards are encouraged to be disclosed to the public through the national standard information public service platform and this Municipality’s full-process integrated online government service platform.

Article 19 The mandatory standards must be implemented. Products and services that do not meet the compulsory standards may not be produced, sold, imported or supplied.

Article 20 The relevant municipal administrative departments shall adopt supporting measures for the local standards for which they made the setting application and organized the drafting, promote the implementation of such local standards, strengthen the publicity thereof and give full play to the promoting role thereof in the fields of macro-control, market supervision, ecological environment protection, social governance, and public services.

Article 21 The group standards shall be adopted by the group members in agreement or voluntarily adopted by society in accordance with the provisions of this group. Social groups can promote the application and promotion of group standards through self-discipline conventions.

The relevant departments of this Municipality and district may use the group standards as a technical reference in the work of government procurement and social governance according to the actual needs of the work.

Article 22 An enterprise shall strictly implement the standards by its self-declaration and disclosure, and the functional and performance indicators of its products and services shall meet the technical requirements of its standards publicly exercised.

Enterprises are encouraged to take the initiative to accept social supervision,and  disclose to the public the implementation of their enterprise standards and related test reports, certification and other verification information.

Article 23 The municipal relevant administrative departments shall conduct a summary analysis of the implementation of local standards in a timely manner. The municipal standardization competent administrative department shall establish a standard implementation information feedback and evaluation mechanism, and organize regular local standard review according to feedback and assessment. The review period shall generally not exceed three years.

Six months before the expiration of the review cycle, the municipal relevant administrative department shall conduct an assessment of the implementation of local standards, and form a review proposal for the local standards to continue to be valid, to be revised or abolished, and report to the municipal standardization competent administrative department.

The unit that set the group standards and enterprise standards shall organize and conduct regular review, and the review period shall generally not exceed five years.

Article 24 This Municipality supports the pilot demonstrations of standardization and the standardization public welfare publicity activities, which disseminate standardization concepts, promote standardization experience, and promote the use of standardized methods to organize production, operation, management and services.

The municipal standardization competent administrative department and relevant administrative departments shall strengthen the training and education of standardization professional talents and management personnel, and incorporate the theory and practice of standardization into the training courses for leading cadres.

The education, scientific research institutions and other units shall be encouraged to open standardized courses or carry out relevant training to promote the popularization of standardization education.

Article 25 This Municipality promotes the Shanghai Standard marking system. The city-set local standards, group standards, and enterprise standards that are evaluated by third-party agencies through voluntary applications and that meet the domestic leading and international advanced requirements may use the "Shanghai Standard" logo in the standard text.

The technical specifications of the "Shanghai Standard" evaluation shall be formulated by the third-party agencies guided by the municipal standardization competent administrative department.

Chapter IV  Standard Internationalization and Regional Cooperation

Article 26In the process of formulating local standards, group standards, enterprise standards and promoting the Shanghai brand certification, this Municipality encourages the comparison to international standards and foreign advanced standards systems, to build an advanced standards system in line with international standards and gives full play to the market role, promotes the implementation of standards and improves the quality of products and services.

Article 27 This Municipality actively promotes participation in the formulation of international standards, fosters and promotes the transformation of local standards, group standards and enterprise standards into international standards.

The municipal standardization competent administrative department shall, in conjunction with relevant administrative departments, improve the international standardization working mechanism of this Municipality, strengthen cooperation and exchanges with international standardization organizations and the standardization organizations of other countries under the guidance of relevant state departments, and promote the establishment of international standardization technical institutions in Shanghai and take the initiative to take part in international standardization work.

This Municipality supports enterprises, social groups, and educational and scientific research institutions to carry out standardization exchanges and cooperation in international standardization double (multiple)-party activities and improve the standardization of this Municipality.

Article 28 The municipal standardization competent administrative department shall establish and improve the docking mechanism with the National Professional Standardization Technical Committee and the relevant International Standardization Technical Committee, and shall, in conjunction with the relevant administrative departments, push forward the proposals for new work items and new technology work field of the international standards, according to the advantages and characteristics of this Municipality

Article 29 The Municipal Peoples Government shall, in accordance with relevant provisions of the State, establish a standardized coordination and cooperation mechanism with relevant provinces in the Yangtze River Delta region, regularly negotiate major issues in the region, promote the integration of market systems, and achieve coordinated economic, social and environmental development. .

Article 30 The municipal standardization competent administrative department shall, in conjunction with the relevant administrative departments in the unified deployment of the Municipal Peoples Government, promote the establishment of a regional coordination standardization system, and promote the high-quality integrated development of the Yangtze River Delta region by adopting standards that meet the requirements of advanced nature through evaluation.

The municipal standardization competent administrative department shall, in conjunction with relevant administrative departments, strengthen cooperation and exchanges in inter-provincial planning, major infrastructure construction, environmental protection joint prevention and control, industrial structure layout adjustment, etc., promoting standards participation and mutual recognition with priority in credit, tourism, transportation, environmental protection, etc.

Article 31 The municipal standardization competent administrative department and relevant administrative departments shall guide the social organizations and enterprises of this Municipality to cooperate with social organizations and enterprises in other regions to carry out standardization cooperation and improve the efficiency of industrial synergy.

Chapter V  Supervision and Service

Article 32 The municipal and district standardization competent administrative departments and relevant administrative departments shall, in accordance with their statutory duties, guide and supervise the formulation of standards, and supervise and inspect the implementation of standards.

Article 33 The municipal standardization competent administrative department shall follow up and check the implementation of the local standards setting project plan, and provide guidance and supervision to the relevant administrative departments for evaluation and review.

Article 34 The municipal standardization competent administrative department shall carry out unified planning, organization and management of the local standardization technical committee of this Municipality. The members of the local standardization technical committee should reflect the broadness, representativeness and professionalism.

The municipal standardization competent administrative department and relevant administrative departments shall supervise and urge the local standardization technical committee to complete the drafting and technical review of local standards in accordance with the prescribed time limits and procedures. The municipal standardization competent administrative department may entrust relevant standardization professional agencies to conduct assessment and evaluation of the local standardization technical committee.

Article 35 The municipal and district standardization competent administrative department and relevant administrative departments shall, in accordance with their statutory duties, conduct the mid- and post-event supervision on the formulation and implementation of group standards and enterprise standards, and, if finding that relevant social organizations and enterprises fail to set standards in accordance with regulations or make self-declaration and disclosure, may urge them to make rectification by sending a warning letter, interview and other modes.

Article 36 Any unit or individual has the right to supervise the formulation and implementation of standards, and to report or lodge complains against violations of these Regulations to the municipal or district standardization competent administrative department or the relevant administrative department.

The municipal and district standardization competent administrative departments and relevant administrative departments shall disclose the channels for handling reports and complaints to the public, and conduct verification, processing and reply in accordance with the law and in a timely manner.

Article 37 The municipal standardization competent administrative department shall, in conjunction with the relevant administrative departments, release a white paper on the standardization work of this Municipality every year, and publish the following contents:

1. the overall situation of standardization work;

2. the formulation and implementation of local standards;

3. the self-declaration of the group standards and enterprise standards;

4. construction of the Standardization Technical Committee;

5. regional cooperation in standardization ;

6. participation in international and national standardization activities; and

7. other circumstances that need to be released.

Article 38 The municipal standardization competent administrative department shall use the information technology such as the Internet and artificial intelligence to continuously optimize the standardized government service procedures and provide public services such as convenient standard document information inquiry.

This Municipality encourages enterprises, social groups, and educational and scientific research institutions to participate in the standardization work such as the formulation and revision of national standards, industry standards, and international standards, and to provide technical services by using their own professional advantages.

Chapter VI  Legal Liability

Article 39 Where laws or rules set out penalties for violations of the provisions of these Regulations, such provisions shall apply.

Article 40 If the relevant administrative department of this Municipality publishes local standards without authorization, in violation of the relevant provisions of these Regulations, the municipal standardization competent administrative department shall order it to withdraw in time and eliminate the impact thereof.

Article 41 If the local standardization technical committee fails to complete the standards drafting and technical review in accordance with the prescribed time limit and procedures, the municipal standardization competent administrative department shall order it to make correction within a prescribed time limit, and not to undertake tasks of new local standards formulation and revision during the correction period. If the circumstances are serious, the municipal standardization competent administrative department may adjust or revoke the local standardization technical committee.

Article 42 If the municipal and district standardization competent administrative departments and the relevant administrative departments are negligent in their duties, abuse their powers, or engage in malpractices in the standardization work, they shall be punished according to law; if a crime is constituted, the wrongdoer shall be investigated for criminal responsibility according to law.

Chapter VII  Supplementary Provisions

Article 43 The term relevant technical unit in these Regulations means the standardization technical committee established by the municipal standardization competent administrative department in a certain professional field; if the standardization technical committee is not formed, it means the relevant administrative department of this Municipality in the corresponding field, or its entrusted professional and technical agency with the corresponding capabilities.

The local standardization technical committee in these Regulations means an unincorporated technical organization that is uniformly established by the municipal standardization competent administrative department and engaged in standardization work such as standards drafting and technical review in a certain professional field.

The local standardization guidance technical documents in these Regulations mean the guide for the standardization work that is still in the process of technological development, and the documents for reference by personnel of scientific research, design, production, use and management.

Article 44 These Regulations shall be effective as of October 1, 2019.