Rules of Shenzhen Special Economic Zone on the Supervision and Control of Electrical Product Quality (2004 revised)

From: Shenzhen Municipal Legislative Affairs Office | Updated: 2018-11-27

Archived(May 28, 2018)

(Adopted at the 102nd executive meeting of the Second Shenzhen Municipal People's Government, promulgated by Decree No. 81 of Shenzhen Municipal People’s Government on Nov. 30, 1998. As revised by Decree No. 135 of Shenzhen Municipal People’s Government on August. 26, 2004)

Article 1 In order to strengthen the supervision and administration on electrical product quality, move the hidden danger of accident, make clear the responsibility for electrical product quality, and protect the lawful rights and interests of user and consumer, these rules are formulated according to the law of the People’s Republic of China on Product Quality (hereinafter referred to as the Law of Product Quality) and provisions of relevant laws and regulations as well as the actual circumstances of Special Zone.

Article 2 The “electrical product” mentioned in these rules refers to the electric distributing box and the product listed in the national catalog of manufacture license administration, such as low-voltage electrical apparatus, electric wire or cable.

Article 3 These rules shall be applicable to the manufacture, sale, installation and use of electrical product in the Special Zone.

Article 4 The administrative department of technical supervision of the Municipal People’s Government of Shenzhen (hereinafter referred to as the municipal competent department) is the competent department of electrical product quality in the Special Zone.

Each administrative department of technical supervision of the district people’s government, shall be in charge of the supervision and administration on electrical product quality within its administrative area under the direction of the municipal competent department, and undertake other tasks entrusted by the municipal competent department.

The government’s administrative departments of construction, labor, fire control of public security and others shall assist the municipal and district competent departments to carry out the supervision and administrative on electrical product quality within their respective functions and duties.

Article 5 The major functions and duties of municipal competent department are the followings:

(1) to implement national laws, regulations, rules and technical standards concerning electrical products;

(2) to be in charge of drawing up the system and technical standards of controlling electrical product quality;

(3) to carry out quality supervision to the manufacture, sale and use of electrical products;

(4) other functions and duties stipulated in laws and regulations.

Article 6 The manufacturer shall be responsible for his product quality. The quality and identification of electrical products shall accord with the provisions of the Law of the People’s Republic of China on Product Quality and relevant laws and regulations.

Article 7 The manufacturer shall guarantee that his product has no unreasonable dangers imperiling the safety of person’s body or property, and that his product’s safety performance under stated using condition will not cause any one of the following dangers:

(1) danger of getting an electric shock because of surface contact;

(2) danger of fire or explosion because of overheating;

(3) danger because of inferior raw materials used in his product;

(4) other unreasonable dangers that shall not occur according to relevant provisions of laws and regulations.

Article 8 The manufacturer shall strictly conduct the mode inspection of electrical products. The product, which hasn’t been proved to accord with corresponding standards by mode inspection, shall not be put onto market.

Article 9 The manufacturer shall strictly carry out the system of delivery inspection. The unqualified product shall not be delivered out of the factory.

Article 10 The seller shall carry out the system of check and acceptance to the purchased electrical products, and check the following certificates when purchasing electrical products:

(1) the certification showing that the product has passed the quality inspection.;

(2) the product’s external packing or operating instruction manual in Chinese, which indicates the name and address of the factory in Chinese;

(3) the original Manufacture License, or the copy of Manufacture License recognized with a seal by its owning unit;

(4) the safety authentication mark of the electrical product, which is under the system of safety authentication mark by the state.

Article 11 The seller shall not sell any counterfeit, inferior electrical product or electrical product that shall be eliminated according to the explicit order of the State.

Article 12 The construction control unit of a project shall carry out inspection and control strictly according to the national or industrial standards of construction and installation of electrical products. When installing socket, earth leakage circuit-breaker, circuit breaker, electric wire, electric cable, switch or other products, the construction control unit shall examine whether there is an inspection report for the product showing that it has passed the inspection, which is issued by the quality inspection institution recognized by the municipal competent department or the competent department or above the provincial level.

Article 13 The construction unit shall install electrical products according to the project’s design plan strictly in the process of construction. The construction unit is prohibited to use unqualified electrical products.

Article 14 The municipal or district competent department shall strengthen the quality supervision and administration of electrical products, carry out regular supervision and random inspection of the quality of electrical products and publicize the result of random inspection. The electrical product, which doesn’t pass the random inspection, shall be dealt with according to the Law of Product Quality and regulations of the Special Zone.

Article 15 The administrative competent department of construction shall be in charge of the quality supervision on installing the electrical products of construction project, prevent unqualified electrical products from coming into the construction site, and administrate the renewal of aging electrical apparatuses in buildings.

Article 16 The administrative competent department of labor shall supervise the safety of using electrical products according to the Administrative Regulations of Shenzhen Special Economic Zone on Safety.

Article 17 The administrative competent department of fire control of public security shall supervise and inspect whether the installation or use of electrical product accords with the safety requirements of fire control, when carrying out the supervision and inspection of fire control, and order the inspected unit to rectify, which doesn’t comply with the requirements of fire control.

Article 18 The municipal competent department shall popularize the use of electrical products of high quality together with relevant departments in a planned way.

Article 19 Anyone, who violates the provisions of Article 7 or 8 of these rules, shall be punished according to the Law of Product Quality.

Article 20 Anyone, who violates the provisions of Article 9 or 10 of these rules, shall be ordered to make correction by the municipal or district competent department.

Anyone, who violates the provisions of Article 11 of these rules, shall be ordered to stop sale by the municipal or district competent department.

Article 21 Anyone, who violates the provisions of Article 13 of these rules, shall be ordered to make correction and be imposed fine of not more than 10,000 yuan by the administrative competent department of construction.

Article 22 Anyone, who violates the provisions of Article 14 of these rules, shall be ordered to make correction, imposed a fine of 5,000 to 20,000 yuan, and reduced to a lower qualification rank according to relevant provisions of the Regulations of Shenzhen Special Economic Zone on Quality of Construction Project by the administrative competent department of construction.

Article 23 Anyone, who manufactures or sells counterfeit or inferior electrical products, shall be punished according to the provisions of Regulations of Shenzhen Special Economic Zone on Severely Cracking down the Malfeasances of Manufacturing or Selling Counterfeit and Inferior Products by the municipal or district competent department or the administrative department for industry and commerce.

Article 24 If an electrical product has defect and causes losses to people’s body or property, the manufacturer or seller shall take the responsibility of compensation. If his act constitutes a crime, he shall be investigated for criminal responsibility according to law.

Article 25 Anyone, who forges the inspection data or inspection conclusion, shall be ordered to make correction and be imposed a fine of one to three times of the collected inspection fee. If the circumstance is serious, it shall be revoked the Business License according to the Law of Product Quality.

Any inspector, who issues wrong inspection data or conclusion with intention or gross negligence, shall be imposed a fine of one to three times of the collected inspection fee, and imposed administrative sanction simultaneously. If his act constitutes a crime, he shall be investigated for criminal responsibility according to law.

Article 26 If the punished party is not satisfied with the decision of administrative punishment, he may apply for review to the organization for administrative review of the municipal government, or file a lawsuit to the people’s court within 15 days upon the receipt of the punishment notice. If the party fails to apply for review, or file a lawsuit to the people’s court within the time limit, and refuses to perform the punishment decision, the municipal or district competent department shall apply to the people’s court for coercive enforcement.

Article 27 The rules shall go into effect as of the date of promulgation.

(Note: The text above is a translation of the Chinese version for reference only. In case of any discrepancy between the two versions, the original published Chinese version shall prevail.)