ion over the implementationof standards throughout the country. The relevant administrativedepartments under the State Council shall be responsible for thesupervision over the implementation of the standards in their respectivedepartments and trades.The administration departments for standardization in the provinces,autonomous regions and municipalities directly under the CentralGovernment shall be responsible for the supervision over theimplementation of the standards in their respective administrative areas.The relevant administrative authorities in the people's governments in theprovinces, autonomous regions and municipalities directly under theCentral Government shall be responsible for the supervision over theimplementation of the standards in their departments and trades in therespective administrative areas.The administrative departments for standardization and the relevantadministrative authorities in municipalities and counties shall beresponsible for the supervision over the implementation of the standardsin their respective administrative areas according to the duties assignedto them by the people's governments of the provinces, autonomous regionsand municipalities directly under the Central Government.
Article 29The administrative departments in charge of standardization in thepeople's governments above county level may, according to their needs, setup examination agencies or authorize the examination agencies of otherunits to ensure products are up to the standards and undertake other tasksof supervision and examination concerning the implementation of standardsin setting up examination agencies, attention should be paid to a rationalgeographical allocation and making full use of the available personnel andfacilities.The establishment of state examination agencies shall be planned andexamined by the administrative department in charge of standardizationunder the State Council in conjunction with the relevant administrativedepartments under the State Council. The establishment of localexamination agencies shall be planned and examined by the administrativedepartments in charge of standardization in the people's governments ofthe provinces, autonomous regions and municipalities directly under theCentral Government in conjunction with the relevant administrativeauthorities at provincial level. The data provided by the examinationagencies stipulated in this Article shall be taken as the criterion insolving disputes over whether certain products are up to the relevantstandards.Article 30The relevant administrative departments under the State Council may,according to the needs and relevant stipulations of the State, set upexamination agencies to undertake the examination tasks in their tradesand departments.Article 31State organs, social organizations, enterprises, institutions and citizensall have the right to inform against and expose acts of violatingcompulsory standards.
【章名】Chapter V Legal Liability
Article 32Those who violates the Standardization Law and the relevant provisions ofthese Regulations in one of the following circumstances shall be orderedto correct their mistakes within a set time-limit by the administrativedepartments in charge of standardization or the relevant administrativeauthorities within their respective competence, which may also circulatenotices of criticism or give administrative sanctions to the persons heldresponsible for the violations:(1) enterprises fail to formulate standards as the basis for organizingproduction according to the relevant stipulations;(2) enterprises fail to report standards for products to higherauthorities for the record according to the relevant stipulations;(3) enterprises fail to put marks on their products according to therelevant stipulations or put marks other than their own on their products;(4) enterprises fail to meet standardization requirements in developingnew products, improving products and carrying out technical innovations;(5) provisions concerning relevant compulsory standards are violated inscientific. research, designing and production.Article 33Enterprises that produce products which fail to meet compulsory standardsshall be ordered to stop production and their products shall beconfiscated, destroyed under supervision or subjected to necessarytechnical treatment. A fine ranging from 20% to 50% of the total value ofthe goods shall be imposed on the enterprises and a fine of 5,000 yuan orless on the persons held responsible.Those who sell goods which are not up to the compulsory standards shouldbe ordered to stop their sales and recover the goods which have alreadybeen sold within a set time-limit. All the goods should be destroyed undersupervision or subjected to necessary technical treatment. The illegalgains shall be confiscated and a fine ranging from 10% to 20% of the totalvalue of the goods shall be imposed on the units and a fine of 5,000 yuanor less on the persons held responsible.If any units import goods which are not up to compulsory standards, thegoods should be sealed up for safekeeping and confiscated, destroyed undersupervision or subjected to necessary technical treatment. A fine rangingfrom 20% to 50% of the total value of the imported goods shall be imposedon the units; administrative sanctions shall be given to and a fine of5,000 yuan or less may also be imposed on the persons held responsible.The order to stop production and the administrative sanctions provided forin this Article shall be decided by the relevant administrativeauthorities. Other administrative sanctions shall be decided by theadministrative departments for standardization and the administrativedepartments in charge of industry and commerce within their competence.
Article 34Where units cause serious consequences and commit crimes by producing,marketing and importing products which fall short of the compulsorystandards, the persons directly responsible shall be investigated forcriminal liabilities by the judicial organs according to law.Article 35Where products which have obtained attestation certificates and are soldwith attestation marks are not up to the attestation standards, theadministrative departments in charge of standardization shall order therelevant units to stop their sales and impose a fine twice the amount ofthe illegal gains or less. In more serious cases, the attestationdepartments shall revoke their attestation certificates.Article 36If any units sell their goods with attestation marks when the goods havenot been attested or have been rejected in attestation, the administrativedepartments in charge of standardization shall order them to stop theirsales and impose a fine three times the amount of the illegal gains orless on these units and a fine of 5,000 yuan or less on the persons incharge of these units.Article 37Litigants that disagree with penalties of confiscation of goods andillegal gains and fines, may, within 15 days of receipt of notification ofsuch penalties, apply for reconsideration to the organs immediatelysuperior to the authorities which have meted out the penalties. A litigantthat disagrees with a reconsideration decision, may, within 15 days ofreceipt of the reconsideration decision, file a suit with a people'scourt. A litigant may also directly file a suit with a people's courtwithin 15 days of receipt of notification of the penalties. If a litigantneither applies for a reconsideration nor files a suit with a people'scourt nor performs the penalty decision, the department which has made thedecision shall apply to the people's court for mandatory enforcement.Article 38The penalties provided for in Articles 32 to 36 of these Regulations shallnot exempt the litigant from the damages liabilities arising therefrom.Those who have suffered damages have the right to claim compensation fromthe persons held responsible. Damages liabilities and disputes over theamounts of compensation may be dealt wit