The latest reply about the enterprise and fairness of the certification and accreditation inspection and testing institutions is coming

Date：2023-01-31 18:15:04Views：551

According to the official website of the State Administration of Market Supervision, the State Administration of Market Supervision issued a reply to the Recommendation No. 8893 of the Fifth Session of the 13th National People's Congress on Promoting the Transformation of Certification and Accreditation Inspection and Testing Institutions into Non-profit Legal Persons. The full text is as follows:

Reply to Recommendation No. 8893 of the Fifth Session of the 13th National People's Congress

Representative of Lv Shiming:

We have received your Proposal on Promoting the Transformation of Certification and Accreditation Inspection and Testing Institutions into Non-profit Legal Persons, and now reply as follows:

You put forward in the proposal that "the impartiality of the certification and accreditation inspection and testing institution directly determines whether the certification and accreditation inspection and testing results are credible and reliable. Fairness is the first attribute of the certification and accreditation inspection and testing institution. The impartiality of the certification and accreditation inspection and testing institution directly affects the credibility of the certification and accreditation inspection and testing results. If the certification and accreditation inspection and testing institution is fair, the credibility of the certification and accreditation inspection and testing results is high", We highly agree. Impartiality is determined by the essential attribute of "delivering trust and service development" of certification and accreditation inspection and testing, and is also the inevitable requirement of its "physical examination certificate" of quality management, "letter of credit" of market economy, and "pass" of international trade.

1、 The industrialization of certification, accreditation, inspection and testing institutions is the direction of reform and development

There are many factors that affect fairness, and non-profit legal person institutions only limit the impulse of investors and operators to distribute interests to a certain extent, which is not a necessary condition to ensure fairness. From the perspective of national industrial development orientation and the trend of international trade globalization, the industrialization of certification, accreditation, inspection and testing institutions is the direction of reform and development.

（1） Internationally. Although certification, accreditation, inspection and testing institutions were defined as non-profit organizations in the international early stage, with the continuous development of the industry, they gradually turned to enterprise operation. It is understood that most of the international certification, inspection and testing head agencies are corporate legal persons, such as SGS, Continental, BV, Intertek, etc. American UL has been in the corporate transformation since ten years ago. It only retains the non-profit attribute of the standard formulation department in the headquarters, and the other departments engaged in certification and testing have become enterprises.

（2） From the domestic perspective. First, the country has positioned certification, inspection and testing as an important category of productive services, high-tech services, and scientific and technological services, giving full play to the decisive role of the market in the allocation of resources, encouraging and supporting social forces to carry out inspection, inspection and certification business, increasing the purchase of services by the government, and creating a market environment for fair competition among various entities. Second, the Opinions of the State Council on Strengthening the Construction of Quality Certification System and Promoting Total Quality Management (GF [2018] No. 3) emphasized that "accelerate the integration of inspection and testing certification institutions, promote the transformation of inspection and testing certification institutions into enterprises and completely decouple from government departments", The Notice of the General Office of the State Council on Forwarding the Implementation Opinions of the General Administration of Quality Supervision, Inspection and Quarantine of the Central Editorial Office on the Integration of Inspection, Testing and Certification Institutions (GBF [2014] No.) requires "to promote the decoupling of qualified inspection, testing and certification institutions from the administrative departments, the transformation of enterprises, the promotion of cross-department, cross-industry and cross-level integration, support and encourage mergers and acquisitions, and become stronger and larger". The third is that other evaluation fields, such as environmental impact assessment, asset assessment and supervision, which issue certificate certificates as the certification, inspection and testing industry, are also operated as companies.

（3） Development status.

1. Certification body. By the end of May 2022, there were 1007 national certification institutions, including 48 public institutions, 2 social organizations and 957 enterprises according to the type of legal person. By the end of 2021, there were more than 3.02 million national valid certificates; There are 867200 certified organizations.

2. Inspection and testing institutions. By the end of 2021, China has more than 50000 qualified inspection and testing institutions, and the market structure of inspection and testing has been further optimized. In the past eight years, the proportion of inspection and testing institutions of public institutions in China has dropped from 40.60% to 20.89%.

3. Approved institutions. By the end of 2021, China National Accreditation Service for Conformity Assessment (CNAS) has recognized 216 certification bodies of all kinds, 13581 accredited laboratories and related institutions, and about 1.4 million currently valid certification certificates. The scope of accreditation and the number of accreditation are leading in the world.

With the reform and development in recent years, the vitality of the certification and accreditation inspection and testing industry has been greatly released, and the ability to serve the economic and social development has been greatly improved. The certification and accreditation inspection and testing institutions have generally operated well, and the fairness and standardization have been greatly improved.

2、 Measures to ensure the impartiality of certification and accreditation inspection and testing institutions

In accordance with the overall requirements of the reform of "release, control and service", our bureau adheres to the working policy of "both release and control", and starts from two aspects of strict access requirements and strengthening institutional supervision to ensure the fairness of certification and accreditation inspection and testing institutions. The specific measures are as follows:

（1） Strictly control the access of institutions.

Refine the approval requirements, implement the principles and requirements of fairness in the Certification and Accreditation Regulations, prevent fairness from becoming a mere "form" and "slogan", and control the entry. In addition to the hardware conditions, the following conditions of the applicant should be checked during the approval process of certification, inspection and testing institutions and the subsequent qualification compliance verification: first, the applicant should be an independent legal person to ensure that it independently assumes corresponding legal responsibilities; Second, it is required that the practicing institutions shall not have interest relations with the administrative organs and service objects, and shall not accept any financial assistance that may affect the objectivity and impartiality; Third, it is required that the practitioners shall not engage in any product development, marketing and other activities that may have an impact on objectivity and fairness; The fourth is to require the practitioners and their personnel to keep confidential the state secrets and trade secrets they know.

（2） We will strictly supervise and control the working institutions during and after the event.

1. Clarify regulatory responsibilities. The General Administration of Market Supervision has established an administrative supervision mechanism for certification, accreditation, inspection and testing with a clear division of labor. The General Administration is responsible for the unified management, supervision and comprehensive coordination of national supervision, and the local market supervision departments are specifically responsible for the management, supervision and coordination of supervision within their jurisdiction. Do a good job of overall coordination and linkage between the General Administration and local market supervision departments to form a regulatory pattern of "one game of chess for the whole country".

2. Combine daily, key and special supervision. First, the daily supervision takes the "double random and one open" supervision of institutions and personnel as the main way, mainly through on-site inspection, file inspection and other work to carry out daily supervision and inspection of institutions. Since the establishment of the General Administration, the annual sampling probability of "double random and one open" supervision of certification agencies has been around 30%, and a total of 770 certification agencies have been selected for inspection. A total of 9 illegal institutions were exposed to the public, 536 secondary certification institutions were investigated and dealt with, and 19 false certification institutions were revoked. In terms of "double random and one open" supervision of inspection and testing institutions, a total of 64000 inspections were conducted, 11000 cases of violations were investigated, 1043 inspection and testing institutions were revoked and cancelled, and 33 cases of violations were transferred to the public security and judicial organs. The second is to list the institutions engaged in the field of personal health and national security as the key supervision and inspection objects. For example, mandatory certification designated institutions and accreditation institutions implement 100% full coverage supervision and inspection every year. The third is to study and judge complaints, risk monitoring, accidents and other situations, and timely determine to carry out targeted special supervision and inspection. Since the establishment of the General Administration of China, the certification risk warning notice has involved 78 certification agencies and sent more than 50 risk warning letters to relevant certification agencies.

3. Strengthen credit supervision, establish a joint punishment mechanism and a credit repair mechanism for the subject of serious breach of law and credit, and promote the construction of a credit evaluation mechanism. Eight certification institutions and three certification personnel who have seriously violated the law and lost their credibility have been included in the "blacklist" of dishonesty in the certification field, and all of them have been collected into the national enterprise credit information publicity system.

4. Explore smart supervision, continue to promote the application of "certification administrative supervision system" and "certification audit sign-in system", realize off-site supervision of key links and risk points of certification, and effectively curb false certification problems such as the absence of certification auditors from the site from the institutional mechanism.

Through years of regulatory practice, it has been shown that the commercialization of certification, accreditation, inspection and testing institutions has not affected the impartiality of the institutions.

3、 Strengthen system supervision to ensure the fairness of certification and accreditation inspection and testing institutions

After years of efforts, the atmosphere of the certification and testing industry has continued to improve, but the scale of the industry institutions is small and the capacity is weak. Some institutions still have the problems of buying and selling certificates and issuing false reports. In order to maintain the order of the certification and testing market and ensure that the certification and testing institutions work independently and impartially. Our next step will be to strengthen our work in the following areas.

（1） Improve the construction of laws and regulations.

Our bureau will continue to promote the revision of the Regulations of the People's Republic of China on Certification and Accreditation, the Measures for the Administration of Certification Institutions, the Measures for the Administration of Accreditation Institutions, the Measures for the Administration of Inspection and Testing Institutions and other laws and regulations, and study and draft the Regulations on Inspection and Testing to make the provisions of fairness more specific and operational, based on the current situation of the certification and accreditation inspection and testing industry and based on solving the practical problems encountered in the development, Provide sufficient legal basis for policy formulation and system implementation.

（2） We will improve the construction of policies and systems.

Focusing on accelerating the construction of a modern certification, inspection and testing industry system, in accordance with the requirements of the transformation of government functions and the reform of public institutions, actively promote the market-oriented reform of certification, inspection and testing institutions of public institutions, support the integrated development of certification, inspection and testing institutions, and promote the excellence and strength of the certification, inspection and testing service industry.

（3） We will improve the regulatory mechanism of "double randomness and one openness".

Comprehensively implement the "double random and one open" supervision and the "Internet plus+supervision", organize the "double random and one open" inspection of the practitioners of the national market supervision system, carry out the problem targeted supervision and inspection, and improve the pertinence and effectiveness of the inspection.

（4） Improve the certification risk monitoring, early warning and tracing mechanism.

Continuously improve the risk information collection channel, timely discover, identify, study and judge the inspection and detection risks, and put forward corresponding early warning measures according to different risks. Organize and carry out risk information collection, analysis, research and judgment, risk monitoring and early warning, risk disposal, risk tracing, etc.

（5） Improve the information supervision mechanism.

Constantly enrich and improve the public commitment, information publicity and integrity file construction of the practitioners, improve the dishonesty punishment mechanism such as permanent withdrawal and lifelong prohibition, and increase the cost of breaking the law and dishonesty. Do a good job in the collection and information submission of credit supervision measures such as enterprise credit information publicity, abnormal business directory, and list of serious violations and breaches of trust, and effectively standardize the market order of certification, inspection and testing.

（6） Innovation and smart supervision.

Actively promote smart supervision, make good use of the smart supervision platform of the General Administration, strengthen the interconnection and interaction with departments, cross-regional and local market supervision departments, and improve the efficiency, accuracy and intelligence of supervision.

（7） Strengthen team building

We will further promote the provincial, municipal and county-level market supervision departments to clarify their regulatory functions, strengthen the allocation of certification and testing supervisors in grass-roots market supervision institutions, and vigorously strengthen the training and coverage of certification and testing supervision teams of market supervision departments at all levels.

Thank you for your concern and support for market supervision!