Measures of Shanghai Municipality on the Administration of Local Standards

(Promulgated by Decree No.8 of Shanghai Municipal People's Government on September 6, 2065438)

Chapter I General Provisions

Article 1 (Purpose and Basis)

In order to standardize the formulation and implementation of local standards, strengthen the management of local standards, and promote economic and social development, these measures are formulated in accordance with the "Standardization Law of People's Republic of China (PRC)" and other laws and regulations, combined with the actual situation of this Municipality.

Article 2 (Scope of Application)

These Measures shall apply to the formulation, implementation, supervision and management of local standards within the administrative area of this Municipality. Where laws and regulations provide otherwise, such provisions shall prevail.

Article 3 (Responsibility of the Competent Authority)

The municipal administrative department of standardization shall uniformly manage the local standards of this Municipality and perform the following duties:

(a) the formulation of local standards, unified formulation, review, numbering and approval of local standards;

(two) to guide and coordinate the relevant departments to organize the drafting and implementation of local standards;

(3) Organizing the evaluation, examination, supervision and inspection of the implementation of local standards;

(four) the establishment and management of standardization technical committee.

District standardization management departments should cooperate with local standards management.

Article 4 (Responsibilities of Relevant Departments)

The relevant municipal departments shall manage the local standards of their own departments and industries and perform the following duties:

(a) to apply for the formulation of local standards;

(2) Organizing the drafting and implementation of local standards;

(three) to evaluate, review, supervise and inspect the implementation of local standards;

(four) to provide operational guidance to the standardization technical committee.

The relevant departments of the district shall cooperate with the management of local standards in their own departments and industries.

Article 5 (Technical Centralized Unit)

The municipal standardization administrative department can set up a standardization technical committee composed of relevant departments, enterprises and institutions, social organizations, educational and scientific research institutions and other relevant parties in a certain professional field, as the technical centralized unit of local standards in this field, and undertake the drafting and technical review of local standards.

If the standardization technical committee has not been established, the relevant municipal departments in this field or the professional technical institutions entrusted by them with corresponding capabilities shall be the technical centralized unit of local standards in this field, and an expert group shall be established to undertake the drafting and technical review of local standards.

Article 6 (Promotion of regional cooperation)

The municipal administrative department of standardization shall strengthen cooperation and exchanges with the relevant departments in the Yangtze River Delta region and other central cities in China, and promote regional coordinated development in the fields of tourism, transportation and environmental protection. Through joint formulation and implementation of local standards.

Article 7 (Strengthening International Exchanges)

The city actively promotes participation in the formulation of international standards, guides the transformation of local standards into international standards, and enhances the international influence of "Shanghai Standards".

Chapter II Formulation of Local Standards

Article 8 (Standard Nature)

Local standards are recommended standards, but if laws, administrative regulations and the State Council decide to authorize the formulation of mandatory local standards, those provisions shall prevail.

Article 9 (Formulation Requirements)

The formulation of local standards shall meet the following requirements:

(1) Conforming to the provisions of laws, regulations and rules and the requirements of standard-setting rules;

(two) to coordinate with the relevant national standards, industry standards or other local standards in this Municipality, and to learn from scientific and advanced international standards;

(3) It is conducive to the scientific and rational utilization of resources, the popularization of scientific and technological achievements and the improvement of economic, social and ecological benefits;

(four) in line with the economic and social reality and development needs of this Municipality, and provide technical support for improving Shanghai's energy level and core competitiveness.

Article 10 (Project Bidding)

The municipal administrative department of standardization issued guidelines for the formulation of local standards, and publicly solicited suggestions for the formulation of local standards in the first quarter of each year.

Standardization technical committees, enterprises and institutions, social organizations, educational and scientific research institutions and other units and individuals may, according to the requirements of the guidelines for the formulation of local standards, put forward suggestions for the formulation of local standards to the municipal standardization administrative department or the relevant municipal departments. If a project proposal is put forward to the municipal standardization management department, the municipal standardization management department shall, according to the contents of the proposal, timely transfer it to the relevant municipal departments for research and treatment.

Article 11 (Application for Project Establishment)

On the basis of summarizing the research project proposals, the relevant municipal departments shall, according to the actual needs of their own departments and industries, apply to the municipal standardization administration department for local standard projects. The project application shall include the following contents:

(a) the necessity and feasibility of formulating local standards;

(two) the scope and main technical indicators of local standards;

(3) Description of relevant standards at home and abroad;

(four) the opinions of the technical centralized unit;

(5) Drafting local standards.

Article 12 (Demonstration of Project Establishment)

The municipal standardization administrative department shall publicize the project application on the official website to solicit public opinions, and the publicity time shall not be less than 20 working days. After publicity, if there is no major objection, conduct project demonstration; When necessary, you can entrust a standardized professional and technical institution to demonstrate.

After the project demonstration, in any of the following circumstances, the municipal standardization management department shall not approve the project:

(a) does not belong to the scope of local standards;

(two) the feasibility and necessity of the project is not sufficient;

(three) the project is not yet mature;

(four) other circumstances that are not suitable for the formulation of local standards.

Article 13 (Preparation of Project Plan)

On the basis of project demonstration, the municipal standardization management department shall, after overall consideration, formulate local standards and project plans and announce them to the public.

When formulating the local standard project plan, the project proposal department, technical centralized unit and completion time limit shall be clearly defined. The project completion period shall not exceed 2 years.

Article 14 (Quick Project Establishment)

In order to protect the vital interests of the public or respond to emergencies, it is necessary to release relevant local standards in a timely manner, and the relevant municipal departments may apply for quick project establishment. The municipal administrative department of standardization shall simplify the project establishment procedures and establish projects in a timely manner.

Article 15 (Drafting and Soliciting Opinions)

Technical centralized units shall, under the guidance of relevant municipal departments, formulate project plans according to local standards, carry out investigation, comprehensive analysis and test verification, and form draft local standards, compilation instructions and other materials on the basis of extensively soliciting opinions from stakeholders and the public.

Article 16 (Compilation Notes)

The description of local standards shall include the following contents:

(1) background and drafting process;

(2) Description of main clauses;

(three) the results and reasons for the handling of major differences;

(four) measures and suggestions for the implementation of local standards;

(five) other circumstances that need to be explained.

Article 17 (Technical Review)

The technical centralized unit shall establish a technical review mechanism, conduct a technical review of the technical content in the draft local standards after the drafting work is completed, issue technical review opinions, and modify the draft local standards according to the opinions to form the draft local standards.

Article 18 (Examination by the Competent Authority)

The technical centralized unit shall submit the local standard manuscript, compilation instructions, technical review opinions, opinions of relevant municipal departments and other materials to the municipal standardization management department for review.

If the materials are complete and conform to the statutory form, the municipal standardization administrative department shall organize experts to conduct expert review on whether the draft local standards meet the formulation requirements stipulated in Article 9 of these Measures. The members of the expert group should be broadly representative, independent and professional.

The members of the expert group shall conduct full consultation, and shall be deemed to have passed with the consent of more than 2/3 members of the expert group. Expert review opinions shall be truthfully and objectively recorded and signed by all members of the expert group.

Article 19 (Review Period)

The municipal administrative department of standardization shall complete the examination within 20 working days from the date of receiving the application for examination.

In the review, the technical centralized unit is required to supplement the materials, modify the draft local standards, or need professional appraisal and review due to major and complex issues, which shall not be included in the review time limit specified in the preceding paragraph.

Article 20 (Approval of Release)

Through the expert review, the technical centralized unit shall form a draft of local standards for approval and other materials, and submit them to the municipal standardization management department; If it fails to pass the expert review, the draft local standards shall be revised and improved according to the review opinions, and submitted for review again.

The municipal administrative department of standardization shall make a decision on approval or disapproval within 10 working days from the date of receiving the manuscript of local standards. Approval, unified numbering and public release; If it is not approved, it shall explain the reasons.

Article 21 (Openness of Standards)

The municipal administrative department of standardization shall establish a local standard service platform, and disclose the local standard text, compilation instructions and other information for the public to consult for free.

Article 22 (Standard Filing)

After the release of local standards, the municipal standardization administrative department shall, in accordance with the relevant provisions of the state, report to the the State Council standardization administrative department for the record.

Chapter III Implementation of Local Standards

Article 23 (Standard Transition Period)

The municipal administrative department of standardization shall, according to the needs, set the transition period for the implementation of local standards. The transition period is generally not less than 3 months.

Article 24 (Subject of Implementation)

Encourage enterprises and institutions, social organizations, educational and scientific research institutions and other units and individuals to take local standards as the basis for production, operation and service provision.

Enterprises, institutions, social organizations, educational and scientific research institutions and other units and individuals that adopt local standards as the basis for production, operation and provision of services shall publish the numbers and names of local standards in accordance with the relevant provisions of the state and this Municipality. Where local standards are publicized, the existing effective local standards shall be fully implemented, and the implementation requirements shall not be lowered, and the abolished local standards shall not be implemented.

Article 25 (Government Application)

Encourage relevant municipal departments and district governments to actively refer to local standards for macro-control, social governance, industrial promotion and industry management when formulating policies and measures.

Article 26 (Social Participation)

Encourage enterprises and institutions, social organizations, educational and scientific research institutions and other units and individuals to carry out local standards publicity, consulting, training, evaluation and other technical services and local standards compliance evaluation, and promote the implementation of local standards.

Certification institutions can formulate certification rules according to local standards and carry out certification activities according to law.

Article 27 (Information Feedback)

The municipal standardization management department shall establish a convenient and quick information feedback mechanism and actively collect the problems encountered in the implementation of local standards. Encourage enterprises, institutions, social organizations, educational and scientific research institutions and other units and individuals to timely feedback questions and suggestions in the process of using local standards.

Article 28 (Periodic review)

After the implementation of local standards, the municipal standardization administrative department shall organize regular review. The review period is generally 3 years.

Six months before the expiration of the review period, the relevant municipal departments shall evaluate the implementation of local standards, form a review proposal for the continued validity, revision or abolition of local standards, and submit it to the municipal standardization management department.

Article 29 (Immediate review)

In the implementation of local standards, in any of the following circumstances, the relevant departments of the city shall immediately review and put forward review suggestions to the municipal standardization management department:

(a) the laws, regulations and rules on which local standards are based have been amended or abolished;

(two) the formulation or revision of the relevant national standards, industry standards and other local standards in this Municipality has an impact on local standards;

(three) the key technologies involved in local standards have undergone major changes;

(four) other new situations that need to be reviewed in the implementation of local standards.

Article 30 (Review Conclusion)

The municipal administrative department of standardization shall conduct research and demonstration on the review suggestions and draw a review conclusion; When necessary, you can entrust a standardized professional and technical institution to demonstrate. The conclusions of the review include:

(1) It does not need to be revised, but it remains valid after confirmation;

(two) need to be revised, in accordance with the second chapter of these measures to develop procedures, into the local standards to develop project plans;

(3) If it needs to be abolished, it shall be abolished in time.

The municipal administrative department of standardization shall announce the evaluation conclusion to the public.

Chapter IV Supervision and Administration

Article 31 (Supervision and Inspection)

The municipal standardization administrative department and the relevant municipal departments shall, in accordance with their respective responsibilities, supervise and inspect the completion of the project plan and the evaluation and review of local standards.

District standardization management departments and relevant district departments shall supervise and inspect the implementation of local standards in accordance with the requirements of higher authorities.

Article 32 (Supervision and Administration of Technical Centralized Units)

The municipal standardization administrative department shall urge the technical centralized unit to complete the drafting and technical review of local standards in accordance with the prescribed time limit and procedures. If it is found that the technical centralized unit fails to carry out relevant work according to the regulations, it shall urge it to perform its duties in a timely manner through interviews and sending warning letters.

If the supervision fails to perform its duties in time, the municipal standardization management department may cancel the local standard-setting project. The Standardization Technical Committee is the technical centralized unit, and the municipal standardization administrative department may adjust or cancel the Standardization Technical Committee.

Article 33 (Supervision and Administration of Review)

City standardization management department found that the relevant departments of the city did not submit the evaluation suggestions in accordance with the requirements, it should urge them to make timely evaluation and put forward the evaluation suggestions. If it has not been submitted after being urged, the municipal standardization management department may regard the review proposal as abolished.

Article 34 (Settlement of Disputes)

The relevant departments of the city have great disputes over the formulation and implementation of local standards, and the municipal standardization management department shall organize consultations; If negotiation fails, it shall be submitted to the coordination body of standardization work in this Municipality for settlement.

Article 35 (Report)

Any unit or individual who finds any act suspected of violating the provisions of these measures has the right to report to the municipal and district standardization management departments.

City and district standardization management departments shall publish the telephone number, email address or email address of the report, accept the report according to law, and deal with it in time.

Chapter V Supplementary Provisions

Article 36 (Guiding Technical Documents for Local Standardization)

Encourage relevant municipal departments and district governments to formulate local standardization guidance technical documents with reference to these measures in the fields of new technologies, new industries, new formats and new models, and file them with the municipal standardization management department; City standardization management department found that does not belong to the local standardization guidance technical documents, it should be returned, and inform the reasons in writing.

Where it is necessary to upgrade to local standards after the implementation of local standardization guidance technical documents, it shall be formulated in accordance with the procedures stipulated in these Measures.

The term "guiding technical documents for local standardization" as mentioned in these Measures refers to documents that provide guidance for the standardization work that is still in the process of technological development, for the reference of scientific research, design, production, use and management personnel, and do not involve the rights and obligations of citizens, legal persons or other organizations.