CHINA QUALITY CERTIFICATION CENTRE-Policy Information

Measures on Dealing with Appeals and Complains about Certification and Accreditation Related Matters

Public Time：2006-11-21

Measures on dealing with Appeals and Complains

about Certification and Accreditation Related Matters:

CHAPTER 1

GENERAL PROVISIONS

Article 1 These Measures are formulated for the purposes of dealing with appeals and complains about certification and accreditation related matters timely, correctly and justly, and protecting legal rights and interests of the parties, and according to relevant laws and regulations, and functions of Certification and Accreditation Administration of PRC (hereinafter referred to as CNCA) authorized by the State Council.

Article 2 If any organization or individual thought that the behavior of certification or accreditation bodies, personnel or certified organizations was illegal, they have rights to complain or appeal to CNCA according to these Measures.

Article 3 The principles of dealing with appeals and complaints are as follows:

(1) Based on facts, and according to laws and regulations

(2) Protecting the legal rights and interests of the parties

(3) Be legitimate and reasonable

(4) Be open, fair and impartial

(5) Be efficient and economical

Article 4 Department for Policy and Legal Affairs of CNCA (hereinafter referred to as Legal Affairs Department) shall be responsible for accepting appeals and complaints related to certification and accreditation, and for organizing the investigation and disposition of serious violations.

Article 5 For complaints or appeals about ordinary violations in certification and accreditation activities, the Legal Affairs Department shall hand them over to relevant supervision department within CNCA; for those about serious violations, the Legal Affairs Department shall organize working group with members from relevant supervision departments to conduct investigation and make disposition.

CHAPTER 2

DISPOSAL PROCEDURE OF APPEALS

Article 6 If the party disagree the decision made by relevant certification or accreditation body, they shall appeal to this body. If the party still disagree the disposition, they shall appeal to CNCA.

If the party considers that the certification or accreditation body has seriously infringed their legal rights and interests, they can appeal to CNCA directly.

Article 7 An appeal to CNCA shall conform to the following conditions:

(1) Having specific appellee

(2) Having specific claims, facts and reasons

(3) Related to certification or accreditation

Article 8 The appeal should be in written form, with duplication, and include the following items:

(1) Name, address, telephone number and postal code of the appellant (if the party is a natural person, his name, address, telephone number and postal code shall be included)

(2) Name, address, telephone number and postal code of the appellee

(3) Appeal claims, reasons and relevant facts

Article 9 If the party consigns an attorney to appeal, he should submit the authorized letter of attorney to CNCA.

Article 10 CNCA shall make the following disposal within seven working days after receiving the appeal:

(1) To accept the appeal that conforms to provisions of these measures

(2) To reject the appeal that does not conform to provisions of these measures, and inform the appellant of the reason in written form.

Article 11 The following appeals shall not be accepted or be discontinued:

(1) That have been accepted or disposed by courts, arbitration agencies or other administrative departments

(2) That the appellant fail to approve the infringement of their rights and interests

(3) That do not relate to certification and accreditation

Article 12 After CNCA accepts the appeal, the one responsible shall fill in the case-filing form and make relevant materials enclosed.

Article 13 After accepting the appeal CNCA shall send the copy of the appellate paper to the appellee within five working days. The appellee shall submit the statement of defense and relevant evidences within five days after receiving the copy of appellate paper.

Article 14 The party shall provide evidence to support his appeal. When it is necessary, CNCA may, according to laws, administrative regulations and rules, collect evidence or call the parties together to conduct investigation. The relevant parties shall give cooperation.

Article 15 CNCA may commission relevant certification and accreditation bodies to conduct investigation and evidence-collection. The commissioned certification and accreditation bodies shall give cooperation.

Article 16 CNCA, when deeming that a special problem needs to be appraised or tested, may hand it over to an appraisal body or testing body agreed by both of the parties, or to a body designated by CNCA and agreed by the parties. Appraisal or testing fees shall be prepaid by the appellant or appellee and be finally paid by the party responsible after disposal.

Article 17 If the appeal can be settled through agreement or conciliation, CNCA shall produce the conciliation document.

Article 18 The conciliation document shall include appeal claims and agreements of the parties, and be signed by the undertaker and stamped by CNCA. Then it shall be sent to the parties.

Article 19 CNCA shall make the decision within three months after accepting an appeal. Under special circumstances, this time limit can be prolonged after the approval of relevant director of CNCA.

Article 20 As for violations of the appellee, CNCA can make a decision to circulate a notice of criticism, to suspend relevant qualification, etc.

As for ordinary violations, the disposal decision shall be suggested by the supervision departments undertaking the appeal, then be signed by the Legal Affairs Department, and be reported to relevant directors of CNCA for proclamation.

As for serious violations, the disposal decision shall be suggested by the working group and reported to relevant directors of CNCA for proclamation.

Article 21 If the violations are considered illegal, CNCA shall transfer the case to local quality inspection administrative departments. The local quality inspection administrative departments shall report the disposal result to CNCA timely.

CHAPTER 3

DISPOSAL PROCEDURE OF COMPLAINTS

Article 22 A Complaints to CNCA shall include the following items:

(1) Specific respondent

(2) Specific facts

(3) Contact means of the claimant

Article 23 After receiving the complaint, the legal affairs department of CNCA shall carry on initial verification. The following complaints shall not be accepted or be discontinued:

(1) that have been accepted or disposed by courts, arbitration agencies or other administrative departments

(2) that the facts of complaint are incorrect, insufficiency or do not square with the facts

(3) that do not relate to certification and accreditation

Article 24 Complaints shall fill the case-filing form if it applies for the case-filing conditions, it should accept according to the Article 5 of this measure.

Article 25 CNCA may commission accreditation bodies or local quality inspection administrative departments to accept the complaints. Commissioned bodies or departments should immediately report the results to Dep. for Policies and Legal Affairs.

Article 26 Dealing with the complaint, when it is necessary, CNCA may, according to laws, administrative regulations and rules, collect evidence or call the parties together to conduct investigation. The relevant parties shall give cooperation, and provide the relevant proof.

Article 27 CNCA shall make a decision in three months since the case-filing.

Article 28 As for violations of the appellee, CNCA can make a decision to circulate a notice of criticism, to suspend relevant qualification, etc.

As for serious violations, the disposal decision shall be suggested by the working group and reported to relevant directors of CNCA for proclamation.

Article 29 If the violations are considered illegal, CNCA shall transfer the case to local quality inspection administrative departments. The local quality inspection administrative departments shall report the disposal to CNCA timely.

Article 30 After dealing with the complaint case, undertaker shall inform the complainer of results if have clear complainer.

CHAPTER 4

SUPERVISION ON COMPLAINTS AND APPEALS

Article 31 Dept. for Legal Affairs shall check the treatment situation of complaint and appeal timely, the problem can be corrected if found in time.

Article 32 CNCA shall establish and complete documents management system on complaint and appeal documents. Undertaker shall hand over the complaint and appeal documents to Dept. for Legal Affairs in seven days. Maintaining period will be determined according to importance and conversation value of complaint and appeal.

Article 33 CNCA shall establish information stat system on complaint and appeal.

Article 34 If the personnel who responsible for deal with the complaint and appeal have an interest in the case or to be otherwise related to it, he shall apply for withdrawal.

Article 35 The personnel who responsible for deal with the complaint and appeal have the duty to keep the non-public situation related to complaint and appeal secret.

CHAPTER 5

SUPPLEMENTAL PROVISIONS

Article 36 The term 揳ppeal? in these measures means the objections when the party being directly affected by the decision of the relevant certification and accreditation bodies.

The term 揳ppeal? in these measures means anybody and individual report when they discover that any body, staff or accredited bodies who has illegal activities on certification and accreditation.

The term 揷ertification and accreditation body? means the accreditation/registration body, certification body, certification consultancy body, certification training body, and relevant testing, inspection body which engage the certification and accreditation affairs.

Article 37 CNCA shall be responsible for the explanation of this measure.

Article 38 This measure shall come into effect from the date of promulgation.