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Media: It is understood that the revision of the "Standardization Law" was proposed more than 10 years ago. Why has it not been completed so far?
Yu Xinli: The revision of the "Standardization Law" started in 2002. Due to the inconsistency of opinions on the standards system and the management system, progress has been slow.
In March 2015, the State Council issued the "Reform Program for Deepening Standardization Work" (hereinafter referred to as the "Reform Program"), which clarifies the principles, main contents, and timetable of revision. From 2015 to 2017, the State Council has included the revision of the "Standardization Law" as a "project that is urgently needed for comprehensively deepening reforms" for the third consecutive year.
The General Administration of Quality Supervision, Inspection and Quarantine and the National Standards Commission actively cooperated with the State Council Legislative Affairs Office and the National People's Congress, and fully promoted and organized the drafting of the "Amendment to the Standardization Law (Draft)", convened nine consultation meetings, forums, and expert seminars, etc. Various forms of consultation are widely sought and opinions from the relevant administrative departments of the State Council, local quality inspection departments, industry associations, scientific research institutions, enterprises, and experts are heard.
The Legal Affairs Office of the State Council attaches great importance to the work of amendments to the law, went to many places to carry out investigations, organized several coordination meetings, symposia, and demonstration meetings, and twice sought opinions from relevant departments, local governments, industry associations, and the public. In February 2017, the 165th executive meeting of the State Council passed the draft. On April 24, August 28 and October 30, the Standing Committee of the Twelfth National People's Congress reviewed the "Standardization Law (Revised Draft)" three times. On November 4, the new "Standardization Law" was officially released.
Media: The "Standardization Law" is the basic law for standardization work. Standardization concerns the country's economic construction, social development, and people's lives. What is the principle of revision?
Yu Xinli: Simply saying that we insist on three guides. The first is problem-orientation, and there are prominent issues concerning the misplacement of government and market roles in standardization work, lack of vitality of market players, incomplete standards system, and unsatisfactory management system, and put forward practical and feasible institutional solutions. The second is reform orientation. The "Reform Plan" proposes the overall goal of establishing a new standard system for coordinating development and coordinating supporting standards set by the government and the market's self-developed standards. The focus of amendments is to link up with the "reform plan" and to reform the content of the law. The form is solidified to ensure that the reforms are based on law. The third is the practice-oriented approach, which will refine the effective practices proven in practice as legal provisions to better guide and support the standardization work.
Media: The "Standardization Law" has been revised for the first time in 30 years. It has changed a lot and is called "overhaul". What major breakthroughs have been made in this revision?
Yu Xinli: Compared with the current "Standardization Law," this revision has made major breakthroughs in many aspects.
The first is to expand the scope of the standard. The scope of standards stipulated in the current law is mainly limited to the industrial sector. The new law expands the scope of standards to the technical requirements that require uniform in fields such as agriculture, industry, service industries, and social undertakings.
The second is to establish a standardized coordination mechanism. For the first time, the new law institutionalizes and standardizes the standardization and coordination mechanism, and the State Council establishes a standardized coordination mechanism. The local people's government at or above the municipal level in a district can establish a standardized coordination mechanism to coordinate the major issues of standardization work.
The third is to encourage active participation in international standardization activities. In addition to adopting international standards, the new law extends the scope of our country's participation in international standardization activities. It is clear that the country actively promotes participation in international standardization activities, carries out standardized external cooperation and exchanges, promotes the conversion between Chinese standards and foreign standards, and encourages companies, social groups, and educational and scientific research institutions to participate in international standardization activities.
The fourth is to establish a standardized reward system. The new law clearly establishes a standardized reward system for the first time, and commends and awards units and individuals who have made outstanding achievements in standardization work in accordance with relevant state regulations.
The fifth is to strengthen the unified management of mandatory standards. The new law explicitly removes mandatory industry standards and local standards, and only retains mandatory national standards to achieve "a market, a bottom line, and a standard." At the same time, the scope of mandatory national standards is strictly limited to the technical requirements for safeguarding human health and life and property safety, national security, ecological and environmental safety, and meeting the basic needs of socio-economic management.
Sixth, the right to formulate municipal standards for districts is granted. The new law stipulates that the municipal competent administrative departments for standardization of the people's governments at the municipal level can, with the approval of the competent administrative departments for standardization of the people's governments of the provinces, autonomous regions and municipalities directly under the central government, formulate local standards for the administrative regions and devolve the formulation of local standards to the municipalities .
The seventh is to play the role of a technical committee. The new law imposes different requirements on mandatory standards and recommended standards. It stipulates that, in formulating recommended standards, a standardized technical committee composed of related parties shall be organized to undertake the drafting of standards and technical review; and mandatory standards shall be formulated, and relevant standardization technologies may be entrusted. The committee undertakes the drafting of standards and technical review work.
Eighth, it is a requirement for the standard setting process. The procedurally defined standards should be based on scientific and technological research results and social practice experience, in-depth investigation and verification, extensive consultation, to ensure that standards are scientific, standardized, timeliness, and improve the quality of standards. In terms of content, the requirement to formulate standards should be conducive to the rational use of resources, the promotion of scientific and technological achievements, the enhancement of product safety, versatility, and replaceability, and the improvement of economic, social, and ecological benefits, and be technologically advanced and economically feasible. Reasonable, standards should be coordinated between supporting. It is forbidden to use standards to prevent or restrict market competition by preventing the free circulation of goods and services. The technical requirements of the recommended national standards and industry standards, local standards, group standards, and enterprise standards must not be lower than the relevant technical requirements of the mandatory national standards.
Nine is to make it clear that mandatory standards should be made freely available to the public. The new law makes it clear that mandatory standards should be made public for free inspection by the public. At the same time, the state promotes publicly recommended standards to the public for free.
The tenth is to give the group a standard legal status. The new law stipulates that the state encourage associations, associations, chambers of commerce, federations, industrial technology alliances, and other social groups to coordinate relevant market entities to jointly formulate group standards that meet market and innovation needs, and increase the effective supply of standards.
The eleventh is to establish a self-declaration disclosure and supervision system for corporate products and service standards. The new law cancels the corporate standard filing system, establishes a self-declaration disclosure and supervision system for enterprise product and service standards, requires that product standards or service standards implemented by enterprises should be open to the public, and encourages enterprises to publicize enterprises to the public through a unified national standard public information service platform. standard.
Twelve is to promote the standardization of military and civilian integration. In order to implement the national strategy for the integration of military and civilian development, the new law stipulates that the state promote the standardization of military-civilian integration and resource sharing, raise the general level of military and civilian standards, actively promote the use of advanced and applicable civil standards in the national defense and army building, and convert advanced and applicable military standards into Civil standards.
The thirteenth is to add a post-implementation evaluation system. The new law requires the State Council's standardization administrative department, the relevant administrative department of the State Council, and the local people's government standardization administrative department at or above the municipal level to establish a standard implementation information feedback and assessment mechanism, and review the standards formulated based on feedback and assessment. The review cycle is generally not more than 5 years.
Fourteen is to establish a standardized pilot demonstration system. The new law stipulates that the people's governments at or above the county level shall support the implementation of standardized pilot demonstrations and propaganda work, spread the concept of standardization, promote standardized experience, and promote the use of standardized methods by the entire society to organize production, operation, management, and service.
The fifth is to strengthen the supervision and management system of standardization work. The new law has increased the supervision of the standard setting process, and prescribed different supervision measures for the formulation of standards that does not meet the requirements of the legal standards, the technical requirements for violating the mandatory standards, the violation of the standard numbering rules, and the failure to conduct standards review and filing in accordance with the law.
Sixteenth is to increase penalties for illegal acts. Compared with the current law, the new law sets up more legal responsibilities, covering all standard-setting subjects, and involves all aspects of standard formulation and implementation.
Media: A major breakthrough involves all aspects of standardization work. It is less than two months before the implementation of the new law on January 1, 2018. Is preparation time a hasty time?
Yu Xinli: The National Standards Commission has initiated the study, promotion and implementation of the new law. Some of the relevant systems established by the new law have been practiced for many years. Taking the construction of standardized demonstration areas as an example, there are 11 types of standardized pilot demonstration projects in 11 categories in China, which have played a role in the technical support of standards for economic and social development. In addition, since the "Reform Program" was issued, the General Administration of Quality Supervision, Inspection and Quarantine and the National Standards Commission have vigorously promoted and have achieved remarkable results. Taking the self-declaration disclosure and supervision system of corporate products and service standards as an example, more than 120,000 companies in China have disclosed nearly 500,000 standards and covered nearly 900,000 products. Taking group standards as an example, the National Standards Committee has deployed 39 pilot social groups. A total of 984 social organizations have published 1,817 group standards on the platform, and group standards have gradually become a trend.
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Every major breakthrough has been aimed at the problem, deepening the reform, and has been based on extensive practice. As the State Council’s standardization authority, the General Administration of Quality Supervision, Inspection and Quarantine and the National Standards Committee have made unremitting efforts to explore.
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The new "Standardization Law" will be formally implemented on January 1, 2018
Recently, at the 30th meeting of the Standing Committee of the 12th National People's Congress, the newly revised "Standardization Law of the People's Republic of China" (hereinafter referred to as the "Standardization Law") was voted on and will be implemented on January 1, 2018. Yu Xinli, deputy director of the National Standards Committee, was interviewed by the media and discussed major changes in the "Standardization Law" before and after the revision of the society.