Notice of Guangzhou Municipal Administration for Market Regulation on Printing and Issuing the Measures for the Administration of Local Standards in Guangzhou.
To all district-level administrations for market regulation, all divisions and offices of municipal bureaus, all directly controlled departments, and all units concerned,
The Measures for the Administration of Local Standards in Guangzhou are hereby printed and issued to you for conscientious implementation in light of your respective actual situation. Any problems found in the implementation shall be reported to the Guangzhou Municipal Administration for Market Regulation.
Guangzhou Municipal Administration for Market Regulation
May 16, 2023
Measures for the Administration of Local Standards in Guangzhou
Chapter 1 General Provisions
Article 1 The Measures are formulated in accordance with the Standardization Law of the People's Republic of China, the Measures for the Administration of Local Standards, the Regulations of Guangdong Province on Standardization, the Outline for National Standardization Development, and other regulations, for the purpose of catering to the needs of high-quality economic and social development of Guangzhou and regulating the administration of local standards Guangzhou.
Article 2 The Measures shall apply to the formulation, implementation, regulation, and administration of local standards in Guangzhou.
Article 3 The reference of local standards in Guangzhou in these Measures means the unified technical requirements required in agriculture, industry, service industry, and social undertakings to meet the natural conditions, manners and customs of Guangzhou.
Article 4 The formulation procedures of local standards in Guangzhou include project approval, drafting, consultation, submission for review, technical review, submission for approval, numbering, and release.
Article 5 The Guangzhou Municipal Administration for Standardization shall be responsible for organizing the project approval, technical review, numbering, and release of local standards in Guangzhou, and cooperating with the publicity and implementation of local standards in Guangzhou.
Appropriate municipal administrative authorities shall be responsible for the project application, organization of drafting, consultation, submission for review and approval of local standards in Guangzhou within the scope of their own duties and in their own industries, guiding and supervising the formulation of local standards in Guangzhou within the scope of their own duties and in their own industries, and organizing the publicity, implementation, regulation, and inspection after the release of local standards in Guangzhou.
Article 6 Local standards in Guangzhou shall not be inferior to the technical requirements of mandatory national standards but shall be formulated to be technologically advanced and economically reasonable in accordance with the provisions of laws, regulations and rules and coordinated with national standards, industry standards, and local standards in Guangdong.
Article 7 To formulate or revise important local standards in Guangzhou, the Guangzhou Municipal Administration for Standardization shall organize hearings, and invite representatives of standard-related parties such as relevant government authorities, technical institutions for standardization, scientific research institutions, deputies to the National People's Congress, CPPCC members, and representatives of producers, operators, users and consumers to participate.
Article 8 No local standards in Guangzhou are allowed to exclude or restrict market competition, such as impeding the free circulation of goods and services.
Article 9 No local standards in Guangzhou shall be formulated for the technical requirements of general industrial products. Market entities may formulate appropriate technical requirements for general industrial products that meet the needs of market competition and innovative development, and local standards are generally not required.
Chapter 2 Formulation of Local Standards
Article 10 The Guangzhou Municipal Administration for Standardization shall carry out public consultations for the project approval of local standards in Guangzhou on a regular basis every year.
Social organizations, enterprises, public institutions, and citizens may make comments on the project approval to appropriate municipal administrative authorities or directly to the Guangzhou Municipal Administration for Standardization.
Article 11 Appropriate municipal administrative authorities may, on the basis of the received comments on project approval and the special needs of their respective administrative regions, apply to the Guangzhou Municipal Administration for Standardization for project approval if they deem it necessary.
If it is necessary to introduce a local standard in Guangzhou in a timely manner to protect major public interests, the project shall be approved and completed in a timely manner.
Article 12 Appropriate municipal administrative authorities shall be responsible for organizing the project applicants to conduct a novelty retrieval for the proposed local standard project within the scope of national standards, industry standards, local standards in Guangdong, and local standards in Guangzhou and to complete the Application Form for Proposed Formulation (Revision) Projects of Local Standards in Guangzhou (Appendix 1), and reporting to the Guangzhou Municipal Administration for Standardization.
Article 13 The Guangzhou Municipal Administration for Standardization shall assign an expert group to evaluate projects under application, and there shall be at least seven representative experts. The Guangzhou Municipal Administration for Standardization shall determine whether to approve the proposed project according to the evaluation results and the needs of Guangzhou.
The Guangzhou Municipal Administration for Standardization shall publish each proposed project on its web portal for public consultation for at least 15 days. After the publicity period expires, the proposed formulation project of local standards in Guangzhou shall be released according to appropriate procedures. The project name, administrative authority, standard drafting authority, estimated time of completion, and other information about the proposed project shall be made clear.
Article 14 The drafting authority shall set up a professional and representative working group to carry out the investigation, demonstration (verification), and drafting of local standards in Guangzhou. The verification test required for relevant technical requirements can be only carried out by a commissioned technical institution with corresponding qualifications.
Article 15 The drafting group shall, in accordance with the relevant requirements for the preparation of standards, draft the draft for comments, preparation instructions, and relevant materials for local standards in Guangzhou. The preparation instructions generally include the following:
(1) Brief summary, including task source, formulation background, and drafting process;
(2) Basis of preparation, main part, and basis of determination (including verification tests and statistical data) of local standards in Guangzhou. In case of revision of local standards in Guangzhou, the comparison of technical contents before and after the revision shall also be included;
(3) Basic information of technologies involved in the project in Guangzhou;
(4) Purpose and significance of the project;
(5) Relationship with relevant laws, regulations, rules, mandatory standards, and recommended standards;
(6) The process, results and basis for handling major disagreements;
(7) The requirements and measures proposed for the implementation of local standards in Guangzhou;
(8) Other matters that should be clarified.
Article 16 The drafting group shall consult appropriate municipal administrative authorities, enterprises, public institutions, social organizations, consumer organizations, and educational and scientific research institutions about the draft for comments and preparation instructions of local standards in Guangzhou, and publish the information on the web portal of the Guangzhou Municipal Administration for Standardization for public consultation for at least 30 days.
Article 17 The drafting group shall revise the draft for comments on the basis of full investigation and extensive consultation to obtain draft local standards for review, and sort out application materials for technical reviews, such as the Application Form for Technical Review of Formulation (Revision) Projects of Local Standards in Guangzhou (Appendix 2), the draft local standards for review, the preparation instructions, the Summary of Handling Opinions on Draft for Comments (Appendix 3) so as to apply to the Guangzhou Municipal Administration for Standardization for technical review.
Article 18 The Guangzhou Municipal Administration for Standardization shall complete the first review of application materials within 10 days upon receipt of the application materials. The Guangzhou Municipal Administration for Standardization shall assign experts to conduct a technical review together with appropriate municipal administrative authorities within 30 days if the application materials pass the first review, or will return the application materials together with reasons for correction.
Article 19 The technical review of local standards in Guangzhou shall be carried out by an expert group. Generally, the expert group consists of at least seven independent and professional representatives of standards stakeholders, experts in specialized fields and standardization experts, etc. Neither drafters nor staff of the authorities to which the drafters belong shall take part in the technical review. The review shall be carried out by voting at the meeting, and the review comments shall be approved by a two-thirds majority rule, with no more than a quarter of experts objecting.
Article 20 The expert group shall conduct a technical review on the legality, safety, applicability, harmony, and advanced nature of the substance of local standards in Guangzhou for review, and make review comments. The main review items are as follows:
(1) The conformance to the scope of the formulation of local standards in Guangzhou;
(2) The legality of the formulation procedure;
(3) The conformance to the provisions of laws, regulations and rules and the requirements of standard formulation rules;
(4) Whether the technical requirements are not inferior to the relevant technical requirements of mandatory national standards and coordinated with relevant standards;
(5) Whether the disagreements have been properly handled;
(6) Other matters requiring technical review.
Article 21 The drafting group shall revise projects that pass the technical review according to the technical review comments to obtain draft local standards for approval after being confirmed by the expert group and submit these drafts reviewed by the Guangzhou Municipal Administration for Standardization to appropriate municipal administrative authorities for approval. The following materials shall be submitted for approval:
(1) Signature Form for Local Standards in Guangzhou for Approval (Appendix 5);
(2) Draft for approval;
(3) Preparation instructions;
(4) Draft for comments;
(5) Summary of Handling Opinions on Draft for Comments (Appendix 3);
(6) Draft for review;
(7) Technical Review Comments and List of Reviewers (Appendix 4);
(8) Other relevant technical documents required during drafting.
Article 22 The Guangzhou Municipal Administration for Standardization shall, within 30 days from the date upon receipt of the draft local standards for approval, review the completeness of the drafts and the legality of the formulation procedure. The drafts that pass the review shall be numbered and released according to regulations, while those that fail to pass the review shall be returned together with reasons for correction.
Article 23 The drafting group shall revise projects that fail to pass the technical review according to the technical review comments and submit the revised projects to the Guangzhou Municipal Administration for Standardization for a second technical review.
In case of serious technical problems in the project, failure of the project content to meet the needs of the industry, and obvious conflict between the project and relevant national standards, the Guangzhou Municipal Administration for Standardization may decide to adjust or terminate the project according to expert comments.
Article 24 In principle, the local standard formulation projects in Guangzhou shall be completed within 18 months from the release of the proposed formulation project to the submission of materials for approval. If the extension is really required, the drafting group shall apply to the Guangzhou Municipal Administration for Standardization 60 days before the period expires. The extension shall not exceed six months. If the project is still not completed within the additional period, the drafting group shall report to appropriate municipal administrative authorities 30 days before the period expires. Appropriate municipal administrative authorities shall submit their proposals for further extension or termination to the Guangzhou Municipal Administration for Standardization. The Guangzhou Municipal Administration for Standardization shall make a decision through deliberation based on the proposals of appropriate municipal administrative authorities.
Before the release of local standards in Guangzhou, the appropriate municipal administrative authority that makes the application for project approval may submit its proposals for project change or termination to the Guangzhou Municipal Administration for Standardization when it considers that there are major problems or major policy changes in the relevant technical requirements. The Guangzhou Municipal Administration for Standardization shall make a decision through deliberation based on the proposals of appropriate municipal administrative authorities.
The Guangzhou Municipal Administration for Standardization shall announce the termination of projects that cannot be continued.
In the process of formulating local standards in Guangzhou, the Guangzhou Municipal Administration for Standardization may adjust the substance of the proposed formulation project of local standards in Guangzhou.
Chapter 3 Implementation of Local Standards
Article 25 Enterprises, public institutions, social organizations, educational and scientific research institutions, and other entities and individuals are encouraged to adopt local standards in Guangzhou as the basis for production, business operation, and provision of services.
Article 26 The relevant municipal authorities and district-level governments are encouraged to actively quote local standards in Guangzhou for macro-regulation, industrial promotion, public services, industry management and social governance when formulating policies and measures.
Article 27 Enterprises, public institutions, social organizations, technical committees for standardization, technical institutions for standardization, education and scientific research institutions, and other entities and individuals are encouraged to provide technical services such as publicity, consultation, training and evaluation of local standards in Guangzhou and evaluate the compliance of local standards, so as to promote the implementation of local standards in Guangzhou.
Article 28 The Guangzhou Municipal Administration for Standardization shall establish a feedback and evaluation mechanism for the implementation of local standards in Guangzhou. Appropriate municipal administrative authorities shall timely collect and report the implementation of standards, thrash out relevant problems in the implementation, and regularly report the implementation effect and evaluation of local standards in the system and industry to the Guangzhou Municipal Administration for Standardization.
Article 29 All local standards in Guangzhou shall be reviewed regularly, at least once every five years generally.
Appropriate municipal administrative authorities shall submit their proposals for the continued validity, revision, or repeal of local standards to the Guangzhou Municipal Administration for Standardization six months before the next review. The Guangzhou Municipal Administration for Standardization shall organize a technical review together with appropriate municipal administrative authorities and announce the review result to the public. The technical review shall be subject to the formulation procedures of local standards in Guangzhou stipulated herein.
If the standards will be revised based on the review result, appropriate municipal administrative authorities shall, within 30 days after the announcement of the review result, set to revise the standards in accordance with the formulation procedures of local standards in Guangzhou stipulated herein.
Article 30 After the release of local standards in Guangzhou, appropriate municipal administrative authorities shall evaluate the standards without delay and apply for review based on the evaluation results to the Guangzhou Municipal Administration for Standardization in any of the following circumstances:
(1) Revision or repeal of relevant laws and regulations affects the effective implementation of the standards;
(2) Major changes in relevant national policies affect the effective implementation of the standards;
(3) Revision or repeal of relevant national standards, industry standards or local standards affects the effective implementation of the standards;
(4) There are major changes in key technologies and application conditions of the standards;
(5) The industry reports that the technical requirements of the standards are too high or too low;
(6) Other circumstances requiring timely review.
Chapter 4 Miscellaneous
Article 31 The Guangzhou Municipal Administration for Standardization shall, within 40 days from the date of the release of local standards in Guangzhou, submit the announcement, text, and preparation instructions of the standards to the Guangdong Provincial Administration for Standardization.
Article 32 The Guangzhou Municipal Administration for Standardization shall, within 20 days from the date of the release of local standards in Guangzhou, publish the text of local standards in Guangzhou free of charge on its web portal.
If the local standard contains any copyright of international and advanced oversea standards, the name and number of the local standard not using the copyright can be disclosed only.
If the local standard contains any patents, the information disclosure shall be subject to the Patent Law of the People's Republic of China and other laws and regulations as well as relevant national rules.
Chapter 5 Supplementary Provisions
Article 33 The Measures shall come into force as of the date of release and remain valid for five years. The Notice of Guangzhou Municipal Administration for Market Regulation on Printing and Issuing the Measures for the Administration of Local Standards in Guangzhou (SSJGZ [2020] No. 5) shall be repealed simultaneously.
Appendix 3 Summary of Handling Opinions on Draft for Comments.docx
Appendix 4 Technical Review Comments and List of Reviewers.docx
Appendix 5 Signature Form for Local Standards in Guangzhou for Approval.docx
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