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Measures on Certification Consultancy Bodies
Public Time:2006-11-21

Article 1 Inorder to strengthen the supervision on the certification consultancy bodies, and regulate the certification consultancy activities, these Measures are formulated in accordance with the relevant regulations of the Regulations of the People’s Republic of China on Certification and Accreditation.

Article 2 The term “certification consultancy body) in these Measures means the bodies who engage the consultancy service in order to make the products, service, management system of legal person and other bodies reach the requirement.

Article 3 Any person who engages in certification consultancy activities within the territory of the People’s Republic ofChinashall comply with these Measures.

Article 4 Certification Accreditation Administration of the People’s Republic of China (hereinafter referred to as CNCA) shall be responsible for the management and supervision on certification consultancy bodies and its certification consultancy activities.

Local Quality Technical Supervision Department and Local Entry-Exit Inspection and Quarantine Bodies (hereinafter referred to as Local Certification Supervision Department) shall supervise and inspect the certification consultancy activities in jurisdiction in accordance with respective duties.

Article5 A certification consultancy body may engage in certification consultancy activities only after it is approved by CNCA according to relevant regulations by State Council.

 Article6 Acertification consultancy body shall establish the management system of effectively control on certification consultancy activities.

Article7 Acertification consultancy body shall establish effective implementation procedure of certification consultancy, and be determine the main stage included in certification consultancy when signing the contract with consultant.

A Certification consultancy body shall provide the consulting service to consultant according to contract content and certification consulting procedure.

A certification consultancy body shall make a complete record of the process of certification consultancy, and keep such record on file.

Article 8 the implementation procedures of certification consultancy include the following basic stage:

(1)Stage of survey and analysis: To understand the present situation of management, business process, and organization structure;

(2)Stage of system scheme: Carry on the system model scheme; confirm the system scope, arrangement, schedule and division of resource;

(3)Stage of implementation: Consultant shall correctly understand the standard;

(4)Stage of Training: Consultant shall study the standard, related law and regulations and document opinion of system files;

(5)Stage of documenting: To identify the organization management situation, business, process; to collect and coordinate all classes of laws and regulations, national standard, industry standard and process rule; to draw out and edit management handbook, procedure files, guide files, and record form;

(6)Stage of file promulgation and implementation: manuscript, joint checkup, assessment, promulgation and start to implementation of management handbook, guide files, record forms;

(7)Stage of internal audit: To inspect operational aspect of management system, to guide client to edit report of internal assessment, unqualified report and to take a correct, preventive measure;

(8)Stage of management reviews Continuing suitability and effectiveness of review system, and to guide consultant to take a improve measure;

(9)Stage of conformity assessment: To inspect operational aspect and management system, give report of conformity assessment, unqualified report, and guide them to take a correct, preventive measure;

(10)Prepare stage before certification assessment: To evaluation if management system meets certification requirements and relevant affairs whether are ready;

(11)Improve stage of audit unqualified:

Product certification consultancy also shall add the confirm stage of product conformity before internal audit.

Article9 Acertification consultancy body shall establish effective system of engage, training, audit, usage and control for full-time and part time certification consultancy personnel.

A certification consultancy personnel engage in certification consultancy business shall be worked in this body, and had relevant capabilities; a person without consultant qualification shall be not engaged in certification consultancy business.

Article10 Amanager and full-time or part-time certification consultancy personnel and other staff shall not engage in certification activities and shall nor have any interests relationship with certification body.

Article11 Acertification consultancy body shall make a supervision and evaluation on validity of its certification consultancy activities, and make one internal audit and management assessment every 12 months at least.

Article12 Acertification consultancy body shall submit catalogue of consulted body in last year, assessment report of normative and validity for full-time, part-time certification consultancy personnel in this body, and assessment report of internal audit to CNCA and local certification supervision department in every January.

Article 13 Where a certification consultancy body comes under any of the following circumstances, it shall be reported to local certification supervision department within 30 days of day of change:

(1)Legal representative, business scope, business area has changed;

(2)Rules for Certification Consultancy Body has changed;

(3)Partner, chief executive who responsible for implementation has changed;

(4)Full-time certification consultancy personnel no longer meets basic requirements of certification consultancy body approval;

(5)Sub body has changed.

Article 14 CNCA shall organize local certification supervision department to supervise and inspect the certification consultancy bodies.

Local certification supervision department shall take regular or irregular supervision on certification consultancy activities.

Article 15 Where a certification consultancy body comes under any of the following circumstances, it shall be ordered to make corrections, and punishment shall be imposed in accordance with law:

(1)Anyone that engages in certification consultancy activities without approval by CNCA or sets up sub body, or conducts certification consultancy activities beyond the approval scope;

(2)Forging, falsely use approval documents of certification consultancy body;

(3)Subcontracting certification consultancy business to other bodies or engaging in certification consultancy activities in cooperation way;

(4)Where a administrative body of certification consultancy body engages in certification consultancy business activities;

(5)Employing individual who do not have consultant qualification to conduct certification consultancy activities;

(6)Intervening consultant to choose independently a certification body;

(7)Signing a turnkey contract which including two parts of certification and certification consultancy;

(8)Collecting certification fee or accepting any financial support that might affect the objectiveness and impartiality of its certification consultancy activities;

(9)Intervening assessment activities of certification body or being a sub body of certification body engages in certification activities;

(10)Making an implementation record for consultant or helping, instigating consultant to cover its practical situation up;

(11)Making a misguiding, fraudulent promotion or promise;

(12)向未经国家认监委批准的认证机构推荐经其认证咨询的单位进行认证的;

(13)Other illegal activities.

Article 16 Any units or individual has right to inform the CNCA and Local Certification Supervision Department of any illegal activities in certification consultancy. CNCA and Local Certification Supervision Department shall conduct investigation and make disposition in a timely manner, and keep the informant confidential.

Article 17 To illegal activities, punish in accordance with laws, regulations and department rules related to certification and accreditation.

Article 18 CNCA is responsible for the explanation of these Measures.

Article 19 These Measures will be implemented on July 1, 2004.

 

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