Regulations of Shanghai Municipality on Inspection and Testing

(Adopted at the 33th Session of the Standing Committee of the 14th Shanghai Municipal People's Congress on November 11, 2016; amended in accordance with the Decision on Amending the Regulations of Shanghai Municipality on the Administration of Highways and Nine Other Local Rules adopted at the 18th Session of the Standing Committee of the 16th Shanghai Municipal People's Congress on December 31, 2024)

Chapter I General Provisions

Article 1

With a view to standardizing the inspection and testing activities, creating a fair competitive market environment, and promoting the healthy and orderly development of the inspection and testing industry, these Regulations are formulated in accordance with relevant laws and administrative rules, and in the light of the actual circumstances of this Municipality.

Article 2

These Regulations apply to the society-entrusted inspection and testing and related supervision and management activities in the administrative area of this Municipality.

These Regulations do not apply to the inspection and testing activities of military products.

Article 3

The inspection and testing mentioned in these Regulations means the activities of identifying the characteristics of test objects and issuing data and results by following the related standards, technical norms or methods agreed upon, and using instruments, equipment, environmental facilities and other technical conditions and professional skills.

The inspection and testing agencies mentioned in these Regulations shall include the legal persons or other organizations that have obtained the inspection qualification license according to law, and other legal persons and other organizations established according to law to engage in society-entrusted inspection and testing activities.

Article 4

To conduct inspection and testing activities, it is necessary to abide by the principle of obeying the law, having good faith, being objective and independent, and being scientific, accurate, fair and impartial.

Article 5

The municipal and district people's governments shall bring the development of the inspection and testing industry into the national economic and social development plan, establish the coordination mechanisms for inspection and testing work, and urge the relevant departments to perform their duties according to law and solve major problems in inspection and testing.

Article 6

The market regulation department shall be responsible for the comprehensive supervision and management of inspection and testing activities within their respective administrative area, guiding and coordinating other relevant departments in performing their duties of supervision and management of the inspection and testing activities, and organizing the implementation of these Regulations.

The departments with the functions of supervision and management on qualification licensing and administrative punishment over the inspection and testing agencies, such as the departments of market regulation, judicial administration, public security, housing and urban-rural development, agriculture and rural areas, ecology and environment, planning and resources, health, water affairs, transportation, national defense mobilization, emergency management, drug administration, economy and informatization, meteorology, and the customs (hereinafter collectively referred to as the inspection-and-testing supervision and management departments) shall, in accordance with their respective duties, do a good job in the supervision and management of inspection and testing activities.

Where there are no specific provisions made by the State and this Municipality on the supervision and management department of inspection and testing agencies, the market regulation department shall be responsible for the supervision and management.

Article 7

The municipal market regulation department shall, jointly with the relevant departments, on the principle of comprehensive coordination and resource sharing, make planning for the development of the inspection and testing industry, specify the goals of the industry development and promote guarantee measures, and promote the rapid and healthy development of the inspection and testing market.

Relevant departments of the municipal and district people's governments shall comprehensively use all kinds of special funds to support the development of the inspection and testing industry, and encourage the inspection and testing agencies to apply for the certification for high-tech enterprises and technologically-advanced service enterprises.

Article 8

Inspection and testing agencies shall be encouraged to carry out technical research and development, innovate the management service model, and participate in the formulation of standards. The inspection and testing agencies shall be supported in applying for domestic and international laboratory accreditation qualifications to make their inspection and testing capabilities meet the international standards and universal requirements, and achieve international mutual recognition of test data and results.

Inspection and testing agencies shall be encouraged to apply for patents for their instruments and equipment and their inspection and testing methods, to increase these inspection and testing agencies' protection of their own intellectual property rights, and crack down on violations of intellectual property rights.

Article 9

The industry associations relating to inspection and testing shall strengthen the building of self-discipline and integrity, formulate the industry service norms and relevant standards, carry out business training, coordinate and solve disputes between members, and regulate and guide orderly development of the industry.

Chapter II Inspection and Testing Agencies and Personnel

Article 10

Inspection and testing agencies shall have personnel, instruments, equipment and environmental facilities that are suitable for the inspection and testing activities, and establish the corresponding quality management and safety management systems.

If laws and administrative rules have provisions on qualification licensing for inspection and testing activities, inspection and testing agencies shall obtain the corresponding qualification license in accordance with the law; those without obtaining the qualification license shall not conduct the corresponding inspection and testing activities.

Article 11

Inspection and testing agencies shall take necessary measures to maintain their corresponding ability to carry out inspection and testing activities.

Inspection and testing agencies shall be encouraged to participate in the capability certification and comparison carried out by the government departments, international organizations, professional and technical evaluation agencies, and industry associations. The inspection and testing agencies that have obtained the qualification license shall, in accordance with the relevant provisions, participate in the capability certification and comparison carried out by the qualification licensing department.

Article 12

Inspection and testing agencies shall, at an eye-catching place of their business premises, official website, and the main operation page of their online trading platform, post their qualification certificate and accreditation certificate. The posted information shall be true and complete, and shall be updated in a timely manner when a change in the content occurs.

The network trading platform provider shall check the qualification and accreditation certificates of the inspection and testing agencies on the platform, and urge the inspection and testing agencies to post relevant information in the main business operation page of the network trading platform. Where any inspection and testing agency is found to have a false description, conduct the inspection and testing activities beyond the scope of its qualification license or commit other illegal acts, the provider shall immediately report to the inspection-and-testing supervision and management departments.

Article 13

Where an inspection and testing agency finds out, in its inspection and testing activity, any target under inspection that fails to meet the statutory requirements or mandatory standards and that may seriously harm the environment or public safety, it shall report to the inspection-and-testing supervision and management departments immediately.

The inspection-and-testing supervision and management departments shall, in the light of their respective duties and the needs of the management of the industry, formulate a catalogue of information reports on the matters that seriously harm the environment or public safety as stated in the preceding paragraph, and shall publish the catalogue.

Article 14

Inspection and testing agencies shall be encouraged to take institutional liability insurance and employee occupational liability insurance to raise their ability to make compensations and resist risks.

Article 15

If there are laws and administrative rules on the qualifications of inspection and testing personnel, these personnel shall meet the corresponding qualification requirements.

An inspection and testing agency shall, prior to the hiring of inspection and testing personnel, check their credit records through the municipal public credit information service platform and other ways, and shall not employ any person prohibited by laws and rules from inspection and testing activities.

An inspection and testing agency shall establish the necessary training and assessment system for inspection and testing personnel to ensure that these personnel have the appropriate technical expertise.

Article 16

Inspection and testing agencies and personnel shall independently carry out inspection and testing activities, not subject to any factors that interference with their technical judgment.

Inspection and testing agencies and personnel shall abide by the professional ethics, integrity and self-discipline, and ensure that the inspection and test data and results are true, accurate and complete.

Article 17

Inspection and testing agencies and personnel shall have the obligation of keeping confidential the state secrets, trade secrets, technical secrets and personal privacy that they know in the inspection and testing activities.

Article 18

Inspection and testing agencies and personnel shall not commit the following acts:

1. forging or doctoring the inspection and testing data and results, or issuing false inspection and testing data and results by other ways;

2. forging or doctoring the seal or qualification license of an inspection and testing agency or the signature of inspection and testing personnel;

3. promoting or supervising the production of any object under inspection or other products and services that have interests with the inspection and testing activities; 

4. or other acts that affect the authenticity, accuracy and completeness of the inspection and testing data and results.

Chapter III Inspection and Testing Behavior

Article 19

An inspection and testing agency that conducts inspection and testing activities on commission shall sign a service contract with the client, specifying such content as the inspection and testing items, the basis, the ways of obtaining and handling the samples, and the form of the report.

Article 20

Inspection and testing agencies that are legal entities of public institutions and accept commissions from society shall publish the inspection and testing items that can be provided within the scope of their qualifications. They shall not refuse inspection and testing services within the scope of the published items except for the following cases; they shall give explanations if they cannot provide inspection and testing services for the following cases:

1. The inspected object does not conform to the sample standard or technical specifications;

2. What has an impact on the fairness of the government-entrusted business that they undertake;

3. Temporary cessation of external service due to equipment failure; 

4. And other cases as prescribed by laws and rules.

Other inspection and testing agencies shall be encouraged to provide the general services as prescribed in the preceding paragraph within the scope of their qualifications, and an announcement shall be made to the public.

Article 21

Where the state organs, public institutions and social organizations at all levels use fiscal funds to commission others to carry out inspection and testing due to the need to perform their duties or provide public services, the inspection and testing shall be carried out by the way of government-purchased service.

Where an inspection and testing agency was punished for issuing false inspection and testing data and results, the state organs, public institutions and social organizations set out in the preceding paragraph shall not purchase inspection and testing services from that agency within three years from the date when the decision of punishment is made.

Article 22

An inspection and testing agency that obtains a sample by sampling or random sampling shall first reach an agreement with the client on the specific requirements for the sampling or random sampling. If the inspection and testing agency obtains a sample sent by the client, the client shall truthfully tell the source, identification information and basic state of the sample; if the client did not give the true information, the inspection and testing agency may refuse to provide inspection and testing services.

The inspection and testing agency and the client shall confirm the source, identification information and basic status of the sample, make a record and ensure the traceability of the sample.

The inspection and testing agency shall, based on the relevant standards, technical specifications or agreed requirements, take care of and handle the sample.

Article 23

The inspection and testing agency shall, based on the relevant standards, technical specifications or agreed methods, conduct inspection and testing, and issue an inspection and testing report. The inspection and testing report shall indicate such information as the sample acquisition method, and the inspection and testing basis, data and results.

No unit or individual shall instigate, induce or threaten the inspection and testing agency and personnel to issue a false inspection and testing report.

Article 24

Any unit and individual that publish their inspection and testing data and results shall ensure that the inspection and testing data and results are true and complete, and shall not forge or doctor inspection data and results nor give misleading explanations.

Article 25

An inspection and testing agency shall establish the archives of the original records of inspection and testing activities, and the inspection and testing reports, and shall keep them for at least six years. Where there are special provisions in laws and rules, such provisions shall prevail.

If a client lodges an objection against the inspection data and results, the inspection and testing agency shall make explanations to the client, and provide the relevant original records and other documents if the client needs them. Where there are special provisions in laws and rules, such provisions shall prevail.

Chapter IV Supervision and Management

Article 26

The municipal market regulation department shall, jointly with other departments, establish a joint on-site evaluation system and set up a group of joint evaluation experts to execute the joint on-site evaluation to review an inspection and testing agency's applications for multiple qualification licenses at the same time or for relevant qualification licenses.

The specific measures for the implementation of joint on-site evaluation shall be formulated and published by the municipal market regulation department jointly with other departments of qualification licenses.

Article 27

If an inspection and testing agency files an application for a qualification license with metrological certification as the precondition, the department of qualification licenses shall adopt the results of the metrological certification and make no repeated check of the same content, except that the inspection and testing agency is found no longer in compliance with the provisions of the metrological certification.

The metrological certification mentioned in the preceding paragraph means the qualification license on the basic conditions and technical ability of an inspection and testing agency in compliance with the statutory requirements — a license that conforms to the Metrological Law of the People's Republic of China and its implementation rules.

Article 28

Except qualification licensing matters that are directly related to national security, public safety, environmental protection and human health, and life and property safety, if an inspection and testing agency with good credit record and without illegal behavior files an application for the alteration or renewal of its qualification license, the department of qualification licenses may simplify the on-site evaluation or adopt the evaluation in writing in accordance with the law.

Article 29

The municipal market regulation department shall, jointly with other departments of qualification licenses, publish a list of inspection and testing agencies that have obtained the qualification license and the scope of its service items for public inquiry; as for the inspection and testing items mentioned in Paragraph 1 of Article 20 of these Regulations, marks shall be made.

Article 30

The municipal market regulation department shall, jointly with other inspection-and-testing supervision and management departments, establish a joint supervision and information sharing mechanism, set up a database of industry supervision experts, and prepare special supervision and inspection plans for inspection and testing agencies.

The inspection-and-testing supervision and management departments shall, in accordance with their respective duties and supervision and inspection plans, carry out supervision and inspection over inspection and testing agencies, organize the capability certification and comparison, and investigate and deal with illegal acts in accordance with the law.

Article 31

The inspection-and-testing supervision and management departments shall establish a classified supervision system to classify the inspection and testing agencies in accordance with the risk degree of the inspection and testing industry, capability certification results, routine supervision records, complaints, etc., and to make supervision and inspection of different frequencies and modes over the inspection and testing agencies according to the classification results, and publish the results of the supervision and inspection in accordance with the law.

Article 32

The inspection-and-testing supervision and management departments may, in the process of supervision and inspection, exercise the following powers:

1. to enter the place of inspection and testing activities to do on-site inspection;

2. to inquire and investigate the inspection and testing agency, the client and other relevant units and personnel about the relevant matters;

3. to consult and copy relevant files, contracts, invoices, account books and other relevant materials about inspection and testing activities; 

4. and to seal up or seize, on the basis of the available suspected illegal evidence or the clues provided by the complaints, the relevant office place, instruments and equipment of the inspection and testing agency that is suspected of issuing false inspection and testing data and results.

Article 33

The inspection-and-testing supervision and management departments shall, according to law, publish the information of the administrative penalty against the inspection and testing agency and personnel, and bring the information of the administrative penalty onto the municipal public credit information service platform. The inspection-and-testing supervision and management departments shall take inspection and testing agencies and personnel with a poor credit as the key supervision targets in its routine supervision, increase the frequencies of inspection and strengthen on-site reviews.

The relevant departments of the municipal and district people's governments, when making government-purchased services, awarding honors or providing policy support, shall check the municipal public credit information service platform and restrict the inspection and testing agencies and personnel with a bad credit according to law.

Article 34

The municipal market regulation department shall, jointly with other relevant departments, carry out statistical analysis of the inspection and testing industry, and release every year to the public a report on the development of this Municipality's inspection and testing industry, and the contents of the report shall include:

1. the number, distribution and types of the inspection and testing agencies;

2. the annual business of the inspection and testing industry;

3. the problems of the inspection and testing industry, the causes and the countermeasures; 

4. and other matters that need to be released.

An inspection and testing agency shall submit the relevant statistical information to the municipal market regulation department according to law.

Article 35

The capability accreditation agency shall make follow-up supervision on the inspection and testing agencies that have been accredited to see whether they still comply with the accreditation conditions. If an inspection and testing agency no longer meets the accreditation conditions, the capability accreditation agency shall revoke its capability certificate and publicize the information.

Article 36

The inspection and testing industry association may formulate the industry norms and self-regulatory rules, and give the rule-breaking members a warning, notice of criticism, cancellation of membership and other disciplinary measures. If the association finds an inspection and testing agency with illegal activities, it shall report to the inspection-and-testing supervision and management departments in time.

Article 37

Every unit and individual that finds any inspection and testing agency in violation of the provisions of these Regulations has the right to report to the inspection-and-testing supervision and management departments.

An inspection-and-testing supervision and management department, when receiving complaints and reports that belong in its duties, shall make timely handling according to law; as for those not belonging in its duties, it shall inform the complainants or reporters, and shall refer the matter within five working days to the department with the handling powers.

Chapter V Legal Liability

Article 38

Where the laws and administrative rules have provisions on punishment for violations of the provisions of these Regulations, such provisions shall apply.

Article 39

If a civil servant of the inspection-and-testing supervision and management departments, and of other relevant departments who commits dereliction of duty, abuses powers, plays favoritism and commits irregularities in the work of supervision and management of inspection and testing, he/she shall be given punishment by the discipline organ according to the Civil Servant Law of the People Republic of China and the Regulations on Punishment of Civil Servants of Administrative Organs and other laws and rules; if a crime is constituted, the wrongdoer shall be investigated for criminal responsibility according to law.

Article 40

If an inspection and testing agency and personnel, in violation of the provisions of Paragraph 1 of Article 11 and Paragraph 1 of Article 15 of these Regulations, no longer meet the license qualifications or the practice qualifications but continue to conduct the corresponding inspection and testing activities, the inspection-and-testing supervision and management departments shall order it to make rectifications within a prescribed time limit; for failure to make the rectifications as required within the time limit, its qualification license shall be withheld; if the circumstances are serious, the qualification license shall be revoked in accordance with law.

Article 41

If an inspection and testing agency, in violation of the provisions of Paragraph 1 of Article 12 of these Regulations, fails to post relevant information at a conspicuous place of its business premises, its official website and the main business page on its network trading platform, the inspection-and-testing supervision and management departments shall order it to make rectifications within a prescribed time limit; for failure to make the rectifications within the time limit, a fine of not less than 10,000 yuan but not more than 50,000 yuan shall be imposed.

If a network trading platform provider, in violation of the provisions of Paragraph 2 of Article 12 of these Regulations, fails to fulfill the obligation of information verification or to report to the inspection-and-testing supervision and management departments as required, the inspection-and-testing supervision and management departments shall order it to make corrections and may impose a fine of not less than 10,000 yuan and not more than 50,000 yuan.

Article 42

If an inspection and testing agency, in violation of the provisions of Paragraph 1 of Article 13 of these Regulations, fails to immediately report to the inspection-and-testing supervision and management departments when it finds in its inspection and testing activities that the object under inspection does not meet the statutory requirements or mandatory standards and that there may be a situation seriously harmful to the environment or public security, the inspection-and-testing supervision and management departments shall confiscate the inspection fees it charged, and impose a fine of not less than 10,000 yuan but not more than 100,000 yuan.

Article 43

If an inspection and testing agency, in violation of the provisions of Item 1 of Article 18 of these Regulations, forges or doctors inspection and testing data and results, or issues false inspection and testing data and results by other means, the inspection-and-testing supervision and management departments shall order it to make corrections, confiscate the inspection and testing fees it charged, and impose a fine of not less than five times but not more than ten times the inspection and testing fees; if the inspection and testing fees are less than 10,000 yuan, a fine of not less than 50,000 yuan but not more than 100,000 yuan shall be imposed in addition; If the case is serious, the qualification license shall be revoked in accordance with the law.

The chief leader, inspector and tester who are directly responsible for issuing the false inspection and testing data and results shall be liable to a fine of not less than 10,000 yuan but not more than 50,000 yuan, and shall be prohibited from engaging in inspection and testing activities according to law.

Article 44

If an inspection and testing agency, in violation of the provisions of Item 2 of Article 18 of these Regulations, forges the seal or qualification licensing sign of the inspection and testing agency or the signature of an inspector and tester, the inspection-and-testing supervision and management departments shall order it to make corrections, confiscate the inspection and testing fees it charged, and impose a fine of not less than 10,000 yuan but not more than 100,000 yuan.

The inspector and tester who make forgery or alteration shall be liable to a fine of not less than 2,000 but not more than 20,000 yuan.

Article 45

If the legal entity of a public institution which accepts commissions from the general public refuses to provide inspection and testing services without a justifiable reason in violation of the provisions of Paragraph 1 of Article 20 of these Regulations, the inspection-and-testing supervision and management departments shall order rectifications within a prescribed time limit; for failure to do so, a fine of not less than 10,000 yuan but not more than 50,000 yuan shall be imposed.

Article 46

If an inspection and testing agency has one of the following cases, the inspection-and-testing supervision and management departments shall order it to make corrections and impose a fine of not less than10,000 yuan but not more than 50,000 yuan:

1. in violation of the provisions of Paragraph 2 of Article 15 of these Regulations, employing persons who are prohibited by laws and rules from conducting inspection and testing activities;

2. in violation of the provisions of Paragraph 2 of Article 16 of these Regulations, issuing inaccurate inspection and testing data and results;

3. in violation of the provisions of Paragraph 1 of Article 23 of these Regulations, failing to carry out inspection and testing in accordance with the relevant standards and technical specifications, or issuing an inspection and testing report not as required; 

4. or in violation of the provisions of Paragraph 1 of Article 25 of these Regulations, failing to keep the original records and inspection and testing reports as required.

Chapter VI Supplementary Provisions

Article 47

The laboratories, research and development centers, and other internal agencies set up by enterprises, universities, scientific research institutes and other units shall conduct society-commissioned inspection and testing activities with reference to these Regulations.

Article 48

These Regulations shall be effective as of January 1, 2017.