|ICT Product Regulatory and Standards Information - China |
The information contained in this profile is intended for basic market planning. While these profiles are updated periodically, many regulatory systems are subject to change. Companies are strongly encouraged to contact in-country representatives who are familiar with the most current regulatory environment.
Translations of laws and regulations are unofficial.
Submitted by the U.S. Commecial Service, Beijing, China
A. Does the China impose any technical regulatory requirements on ICT products ?
China does impose some mandatory standards on ICT products, the function of which is the same as technical regulatory requirements.
If so, what are the requirements?
The requirements are as follows:
1. The First Catalogue of Products subject to Compulsory Certification
http://www.cnca.gov.cn/rzjg_2_2.htm (Chinese Version)
2. Implementation Rules for Compulsory Certification of Telecommunication Equipment------ Telecommunication Terminal Equipments
http://www.cnca.gov.cn/download/edg20.doc (English Version)
3. Implementation Rules for Compulsory Certification of Electrical and Electronic Products------Information Technology Equipments
Finance and Trade Settlement Equipments (EMC)http://www.cnca.gov.cn/download/edg21.doc (English Version)
4. Implementation Rules for Compulsory Certification of Electrical and Electronic Products------ Information Technology Equipments
http://www.cnca.gov.cn/download/edg22.doc (English Version)
Are they based on standards?
Yes, these requirements are based on standards.
And what government agency or agencies monitor and enforce the regulations?
Certification and Accreditation Administration of China (CNCA) monitors and enforces the regulations. The China Quality Certification Center and China Certification Center for Electromagnetic Compatibility are responsible for the certification and accreditation of the ICT products.
B. Does China develop its own standards for ICT or does ICT adopt other countries’ standards?
The Chinese government alone sets the standards agenda. Most are drafted
without foreign, or even public, input.
Can foreign companies participate in the standards development or selection process? Do they have voting status?
Only in some sectors are foreign companies allowed to have a representation on Chinese technical committees, and even then they are most often limited to observer status. In the high-tech (ICT) sector, the Chinese have been reluctant to allow foreign companies a voice in the drafting and approval of technical standards. As a result, foreigners have been relegated to the role of observers. Even if foreign companies are allowed to sit in on the drafting process, they do not have a vote when the technical committees actually vote on a draft standard.
The technical committees have the right to decide whether to appoint experts
from foreign companies. Foreign companies interested in joining a technical
committee must apply directly to the secretariat of the committee.
What are the government agencies or NGOs are involved in developing standards for ICT equipment?
The Administration for Quality Supervision, Inspection & Quarantine (AQSIQ) manages China’s standards and conformity assessment regulatory structure, enforces compliance with certification requirements, and conducts quality and entry-exit inspections for commodities.
The Standardization Administration of China (SAC) is responsible for drafting China’s annual national standards agenda and approving, recording and publishing final standards.
China National Certification and Accreditation Commission (CNCA) establishes, guides, implements and supervises the compulsory product certification system.
How transparent is this process?
Although the World Trade Organization (WTO) Technical Barriers to
Trade (TBT) agreement requires members to provide the opportunity for public
consultation and comment on proposed standards and technical regulations and
China’s Protocol of Accession reiterates its pledge to abide by these obligations,
little, if any advance notice for consultation has been given to the public. From the U.S. enterprises’ point of view, China’s drafting process remains opaque and its legal provisions vague and unclear. According to the statement of SAC, however, the procedure of the development of standards in China is the same as that of ISO.
C. What are the government agency or non-government organizations involved in developing or selecting standards for ICT Equipment?
See the response to question B.
D. Dose the government regulate information technology products for electromagnetic compatibility (EMC), electromagnetic immunity (EMI), or for safety?
If so, what types of ICT products are subject to EMC regulation?
Twelve categories of ICT products and nine categories of telecommunications equipment are subject to compulsory EMC and safety regulation. EMC and safety tests, however, may not be required at the same time for all the products listed below. Whether EMC only, safety only or both tests are required depend on the certification guidelines for a particular product.
Information technology products:
Telecommunication terminal equipment:
- Personal computers, portable personal computers;
- Display units connected with computer;
- Printers connected with computer;
- Multi-functional printers and copying machines;
- Switching power supply units for computer and adapters;
- Computer game players;
- Learning machines;
- Finance and trade electronic settlement equipment.
Please see the Implementation Rules reference in question A.
- Fixed telephone terminal, including common telephone sets, CID telephone sets, card management telephone sets, answering machine telephone sets, coin pay-phone sets, intelligent card telephone sets, IC card and public phone sets, hand-free phone sets, digital telephone sets.
- Cordless telephone terminal, including analogue and digital telephone sets.
- Key-phone system teleconference exchange.
- Fax machine (fax machine, voice/fax card, multi-function fax machines).
- Mobile terminal (analog mobile station, GSM digital cell phone station, CDMA digital cell mobile station (including handset and other terminals)
- ISDN terminal (NT1, NT1+, TA with Card)
- Data terminal (storing/transmitting fax/voice card, POS terminal, interface transformer, network hub, other data terminal).
- Multimedia terminal (video phone, conference system, VOD terminal, other)
And which government agency regulates products for EMC?
China National Certification and Accreditation Commission (CNCA).
What types of ICT products are subject to safety regulation?
Please see the Implementation Rules referenced in question A.
Which government agency regulates products for safety?
China National Certification and Accreditation Commission (CNCA).
Are the EMC, EMI and/or safety regulations mandatory or voluntary?
For the products mentioned in the First Catalogue of Products subject to Compulsory Certification, the EMC, EMI and safety regulation are mandatory.
Are these regulations based on international or national standards?
According to the China Quality Certification Center (CQC), these regulations are based on national standards, which fall into three categories: those identical to international standards (IDT), those equivalent to international standards (EQV) and those not equivalent (NEQ) to international standards. The third category deviates from international standards to varying degrees.
E. Are there websites where these regulations can be found? If so, please provide website address and contact information?
Yes, but standards are not available on-line, and must be purchased. One of the major publishers is China Standard Publishing House ( www.bzcb.com.cn , telephone: 68521863, email: firstname.lastname@example.org). The agency in charge of the regulation is the Certification Supervision Department of the China National Certification and Accreditation Administration. Inquiries can be directed to
Address: 10A, Chaowai Street, CQC Tower, Chaoyang District, Beijing 100020
- The China Quality Certification Center (CQC)
Telephone: (8610) 65994032; 65994020
Fax: (8610) 6599 3821
Address: 18 Bei San Huan Dong Lu, Beijing 100013
- Or The China Certification Center for Electromagnetic Compatibility Center (CEMC)
Tel: (8610) 64274308
Fax: (8610) 64204738
F. Does China require an in-country agent to demonstrate conformity of products with regulatory requirements in order to sell the product in the market?
No. An in-country agent is not necessary for certification.
Will China accept supplier’s declaration of conformity, certification by a third party, and/or certification by a government agency only?
For products subject to compulsory certification requirement, suppliers’ declaration of conformity is not sufficient. Certification by a third party and/or certification by a government agency is not accepted unless there is mutual recognition of certification agreement between the two governments. No such agreement exists between the U.S. and China.
The Chinese government will accept certification by a third party, provided that the third party meets the requirements prescribed in Articles 10 and 11 of the Regulations of the People’s Republic of China on Certification and Accreditation. The application and approval procedures for the establishment of a certification body are described in Article 12 of the Regulations. For example, as part of the CB (Certification Body) scheme, however, China accepts CB reports and/or NCB certificates from another CB scheme member countries, but retains the right to reconfirm sample machines, or conduct tests on inconsistent items.
G. Whose accreditation will the government accept (E.G importing country’s only or is the exporting country’s allowed)?
On the basis of a bilateral or multilateral agreement, Chinese government will accept other country’s accreditation within the catalogue of products accepted by the Chinese government in the agreement.
Is accreditation of test laboratories required?
H. Dose the government accept test data performed in another country? What are the testing criteria?
I. What are the conformity assessment procedures and requirements?
The China Compulsory Certification (CCC) mark, required by manufacturers of over 132 product categories is administered by the CNCA ( see above ). The application process for the CCC mark can take 60 to 90 days or longer.
Step One : Examine, CNCA’s product catalogue to determine whether the product-in-question requires CCC marking.
Step Two : Since there are many different ways of applying for the CCC mark, a company must determine which option is most suitable to their needs. Some companies use agents and consultants to manage their CCC mark applications. Other companies apply on their own, or rely on their importers or distributors.
Step Three : The five major substeps of the application process are as follows.
Apply : Submit application forms and all supporting materials, including
user guides, CB reports, EMC reports, regulatory labels and other
Type Testing: A CNCA-designated test laboratory in China will test product samples.
Factory Inspection : The China Quality Certification Center (CQC), designated by the CNCA to process CCC mark applications will send a representative to inspect the manufacturing facilities for the product-in-question. They will inspect each factory producing your product, including those located outside of China and in the United States.
Evaluation: of certification results and a decision of approval (or disapproval).
Follow-up Factory Inspection : Manufacturing facilities for the product will be reinspected by Chinese officials every 12-18 months.
Will the government accept a suppliers’ declaration of conformity, certification by a third party and/or certification by the government only?
The government will accept certification by a third party, provided that the third party meets the requirements prescribed in Articles 10 and 11 of the Regulations of the People’s Republic of China on Certification and Accreditation. The application and approval procedures for the establishment of a certification body are described in Article 12 of the Regulations.
J. Where can U.S. companies obtain English translations of certification regulations? And is there a dispute settlement process for equipment certification?
China’s Certification and Accreditation Administration (CNCA) maintains a regularly updated website in English that provides additional information on certification requirements & procedures. (Website address: www.cnca.gov.cn ) In addition, the Chinese government publishes an annual catalogue of covered products, also known as the unitary product catalogue, made available through inquiry.
K. Is equipment for VOIP subject to the same approval requirements as conventional, circuit-switched equipment?
Yes, eventually VOIP equipment will be subject to the same approval requirements as other conventional circuit-switched and packet-switched equipment. It may not need the CCC mark, as it is currently not considered a terminal product.
At present, the Ministry of Information Industry (MII) does not accept applications from companies for network access license (NAL) for VOIP equipment because no standard has been set for VOIP systems. According to MII, the China Academy of Telecommunications Research is still in the process of finalizing the VOIP standard. According to an official from MII’s Telecom Administration Bureau, the VOIP standard is expected to be completed by June 2004. At that time, MII will begin accepting NAL applications for VOIP equipment. Once issued, the NAL for VOIP equipment will be valid for only six months and the equipment must be installed for trial purposes, not for commercial use.
L. What are the time constraints and approximate costs for equipment certification ?
Certification requires approximately 90 days from the acceptance of the application. The certification costs differ for different types of equipment, however, the cost for most ICT products is around $2,000, with a range from $100 to $10,000. In addition, factory visit costs are $424 (RMB3,500) per person per day.