国务院同意国家经委、经贸部、国家商检局《关于加强出口商品质量管理工作的意见》,现转发给你们,请结合实际情况,认真贯彻执行。
  加强出口商品质量管理,是提高经济效益、增加出口创汇的关键。近年来,我国部分出口商品质量下降,不但造成经济损失,影响出口创汇,而且有损于国家信誉。各地区、各有关部门对此要给予高度重视,采取有力措施,尽快扭转这种状况,把出口商品质量搞上去。
  关于加强出口商品质量管理工作的意见
一、清理和整顿出口商品的生产厂点各地区、各部门要对所有生产出口商品的企业进行一次全面清理和整顿,择优定点。凡不具备质量保证的企业,不准生产出口商品。
  重点清理、整顿出口商品质量管理较差、生产加工厂点过多、质量问题较多的行业。
  二、加强出口商品生产企业的质量管理和检验工作
(一)在生产企业中,对出口商品的质量,厂长(经理)要全面负责。
  (二)出口专业厂、出口生产基地和重要出口商品生产企业,可设总质量师。总质量师协助厂长全面负责产品质量的检验和管理工作,有权代表厂长停止不合格出口商品的生产和出厂。
  (三)在重要出口商品生产企业,试行国家商检部门派驻质量监督员制度(简称驻厂员制度)。驻厂员代表国家对生产企业的出口商品质量和检验工作进行监督,有权对出口商品使用的原材料、零部件和成品进行检验、抽查或复验。驻厂员如发现出口商品不合格,有权停止出口商品出厂,并可通知外贸经营单位不予收购。
  (四)所有出口商品生产企业,都要推行全面质量管理,健全质量责任制,加强检验工作,制订严格的工艺规程和劳动纪律。尽快建立和完善出口商品生产企业的质量保证体系。
  三、加强出口商品质量的监督和检验
(一)一切出口商品都必须经过检验。不合格的商品(包括包装不合格)不准出厂,外贸经营单位不得收购,商检部门不予出证放行。
  (二)逐步充实商检部门的力量,完善出口商品检验手段。
  (三)商检部门要会同有关主管部门加快对重要出口商品发放出口商品质量许可证的工作。凡是实行出口商品质量许可证的商品,未取得出口商品质量许可证的,经贸主管部门不能签发出口许可证。
  (四)经贸主管部门要加强对外贸经营单位的监督、检查,督促外贸经营单位加强质量管理工作,健全验收制度,增强验收力量,切实做到择优安排出口生产,择优收购商品,坚持质量*9、以质取胜的经营方针。凡不具备外贸经营条件的单位,经贸主管部门有权取消其外贸经营资格,并通知工商行政管理部门吊销其营业执照。严禁违反国家规定,通过非正常渠道或采取不正当手段出口商品。
  四、要把提高出口商品质量,作为企业技术进步工作的重点各地区、各部门要根据外贸出口的战略需要,以提高产品质量、增加创汇为重点,调整技术进步的投资结构和方向,将出口商品的重点生产企业、专业厂与生产基地的技术改造、科技攻关、技术引进、测试检验、扩大生产、降低消耗等各方面的措施衔接起来。大力改善出口商品仓储条件,减少商品的污染和损坏。
  五、明确出口商品的质量责任为了保证出口商品的质量,各有关单位和部门都要有明确的责任和制度。出口商品因质量问题造成经济损失或产生不良影响时,必须分清生产加工企业、外贸经营单位、仓储运输单位、商检部门和其他有关部门的责任。凡属渎职、失职造成的质量事故,要追究责任者和有关领导者的责任,并严肃处理。
  六、进一步改善出口商品的包装中国包装进出口总公司要会同中国包装总公司,进一步研究制订改进出口商品包装的方案、计划和措施。当前要解决好出口食品、饮料、烟叶、罐头、五金、机械、陶瓷、纺织品、服装、棉花和危险品的包装,协调落实包装生产厂点和原材料供应,健全包装质量标准,加强质量管理、检验和监督工作。
  七、加强出口商品的标准化工作,改善口岸的计量条件
(一)标准、商检和经贸部门要会同各主管部门,加快制定和修订出口商品标准及出口检验标准。
  (二)运输主管部门要会同商检和计量部门共同研究提出改进口岸计量条件的方案,纳入运输主管部门和有关地区技术改造规划,三年内基本改善口岸计量条件。
  八、加强出口商品商标和出口专利产品的管理
(一)对名牌出口商品商标的使用,经贸和工商行政管理部门要共同进行一次清理整顿,加强管理,保护名牌出口商品。
  (二)未经上级主管机关批准或专利权人同意,生产企业和外贸经营单位不得生产和经营出口专利产品。
  (三)对国内外假冒我国出口商品商标、仿制我出口专利产品和伪造我商检证书的侵权、违法行为,要坚决查处、及时起诉,维护企业和我国的合法权益。
  上述意见,如无不妥,请批转各地区、各部门贯彻执行。(附英文)
  CIRCULAR OF THE GENERAL OFFICE OF THE STATE COUNCIL ON THE TRAN-SMISSION OF THE RECOMMENDATIONS SUBMITTED BY THE STATE ECONOMIC COM-MISSION, THE MINISTRY OF FOREIGN ECONOMIC RELATIONS AND TRADE, AND THESTATE BUREAU OF IMPORT AND EXPORT COMMODITIES INSPECTION CONCERNING THESTRENGTHENIN
  Important Notice: (注意事项)
  英文本源自中华人民共和国务院法制局编译,中国法制出版社出版的《中华人民共和国涉外法规汇编》(1991年7月版)。
  当发生歧意时,应以法律法规颁布单位发布的中文原文为准。
  This English document is coming from the "LAWS AND REGULATIONS OF THE PEOPLE'S REPUBLIC OF CHINA GOVERNING FOREIGN-RELATED MATTERS" (1991.7)
  which is compiled by the Brueau of Legislative Affairs of the State Council of the People's Republic of China, and is published by the China Legal System Publishing House. In case of discrepancy, the original version in Chinese shall prevail.
  Whole Document (法规全文)
  CIRCULAR OF THE GENERAL OFFICE OF THE STATE COUNCIL ON THE TRAN- SMISSION OF THE RECOMMENDATIONS SUBMITTED BY THE STATE ECONOMIC COM- MISSION, THE MINISTRY OF FOREIGN ECONOMIC RELATIONS AND TRADE, AND THE STATE BUREAU OF IMPORT AND EXPORT COMMODITIES INSPECTION CONCERNING THE STRENGTHENING OF QUALITY CONTROL OF EXPORT COMMODITIES(April 29, 1987)
  The State Council has accepted The Recommendations Concerning the Strengthening of Quality Control of Export Commodities, submitted by the State Economic Commission, the Ministry of Foreign Economic Relations and Trade, and the State Bureau of Import and Export Commodities Inspection. The Recommendations are hereby transmitted to you, and you are requested to implement them conscientiously in light of the actual conditions in your spheres of activities. The strengthening of quality control of export commodities is the key to increasing economic returns as well as foreign exchange earnings. In recent years, the quality of some of our country's export commodities has shown a decline, which has not only caused economic losses and affected foreign exchange earnings by exports, but also marred the reputation of our country. All the localities and departments concerned shall give the amplest attention to this state of affairs, take effective measures to remedy it quickly so as to upgrade the quality of our export commodities. RECOMMENDATIONS SUBMITTED BY THE STATE ECONOMIC COMMISSION, THE MINISTRY OF FOREIGN ECONOMIC RELATIONS AND TRADE, AND THE STATE BUREAU OF IMPORT AND EXPORT COMMODITIES INSPECTION CONCERNING THE STRENGTHENING OF QUALITY CONTROL OF EXPORT COMMODITIES(Extracts)
  In recent years, the quality of some of our country's export commodities has shown a decline, which has not only caused economic losses and had an unfavourable impact on the foreign exchange earnings by exports, but also marred the reputation of our country. In order to rapidly remedy this situation and to strengthen quality control of our export commodities, we hereby submit, on the basis of the investigations and studies of the aforesaid situation and the opinions solicited from all localities and departments concerned, the following recommendations:
  I. Checking up and Rectifying Factories to be Designated as Export Commodities Manufacturers All the localities and departments concerned must carry out an all-round checking-up on, and rectification of, all the enterprises that are manufacturing export commodities and then designate from among them the most outstanding ones as manufacturers of commodities for export. Those enterprises found to be lacking the conditions for guaranteeing the quality of their products shall not be permitted to manufacture commodities for export. The State Economic Commission, the Ministry of Foreign Economic Relations and Trade, and the State Bureau of Import and Export Commodities Inspection shall jointly be responsible for the checking-up and rectification in conjunction with other competent organs concerned. The checking-up and rectification shall be focused on those industries whose quality control over export commodities is comparatively poor, whose number of factories designated for producing and processing export commodities is too large, and whose quality problems are numerous.
  II. Strengthening the Quality Control and Inspection Work in Enterprises Producing Export Commodities(1) In production enterprises, the factory director (the manager) shall take overall responsibility for quality of export commodities.(2) In factories specially engaged in the production of export commodities, the production bases of export commodities, and the enterprises producing import and export commodities, the post of chief quality controller may be set up. The chief quality controller shall assist the factory director in taking the overall responsibility for inspecting and controlling the quality of products, for implementing the Regulations on the Responsibility for Quality Control of Industrial Products, for organizing the formulation and implementation of the rules for reward and penalty relating to the quality of products, and for making the decision, on behalf of the factory director, to stop the production and delivery out of the factory of sub-standard export commodities.(3) In enterprises producing important export commodities, the system of having a resident quality supervisor stationed in the enterprise and sent by the State commodities inspection department (referred to, for short, as "the resident supervisor system") shall be implemented on a trial basis. The resident supervisor shall, in the name of the State, exercise supervision over the quality and inspection of the production enterprise's export commodities, and have the right to inspect, to spot check, or to re-inspect the finished products, or the raw and processed materials, or spare parts and components, used in manufacturing export commodities. In case where the resident supervisor discovers that the export commodities are not up to the standard, he/she has the right to stop the delivery out of the factory of the export commodities, and may ask the foreign trade corporations not to purchase the said export commodities. The production enterprise shall provide the resident supervisor with working conditions,the data of quality, and relevant technical documents for carrying out quality inspection; and it shall also inspect, spot check, or re-inspect its products, as required by the resident supervisor. The resident supervisors shall be personnel of the State commodities inspection departments, and their salaries, bonuses and welfare benefits shall all be borne by the sending department so that no direct economic connections shall exist between the resident supervisors and the production enterprise.(4) All the production enterprises manufacturing export commodities shall implement an all-round quality control, strengthen and perfect the quality responsibility system, strengthen inspection work, and work out strict technological processes and labour discipline. The factory director shall appoint a person who has technical know-how, experience and strong sense of responsibility, as head of the inspection department, and this appointment shall be reported to the authorities in charge of the enterprise for the record. No department or individual within the enterprise shall be permitted to interfere with the work conducted by the inspection department, and its independence in performing its functions shall be guaranteed. It is imperative to establish and perfect, as soon as possible, the quality guarantee system in enterprises producing export commodities.
  III. Strengthening the Supervision and Inspection of the Quality of Export Commodities All export commodities must undergo the process of inspection. Commodities that are not up to the standard (including those whose packaging is not up to the standard) shall not be permitted to leave the factory; the foreign trade corporations shall not be permitted to purchase such commodities;and the commodities inspection department shall not issue export licence and grant clearance. The working contingent of the commodities inspection department shall be reinforced gradually, and the means of inspection of export commodities be perfected. The commodities inspection department shall, in conjunction with the competent authorities concerned, speed up the work for issuing quality licenses for important export commodities. With respect to those commodities to which the system of quality licence for export commodities applies, the competent authorities for foreign economic relations and trade shall not issue for them export licences before they have obtained quality licenses for export commodities. The competent authorities for foreign economic relations and trade shall strengthen their supervision over and inspection of foreign trade corporations, and urge them to strengthen the work of quality control, to improve examination-and-acceptance system, and reinforce the working personnel for the system, to strive to do a good job in selecting outstanding factories to manufacture commodities for export, to purchase commodities from the factories that produce quality products, and to adhere to the principle of "placing quality first, and winning over the customers by offering them quality products". The competent authorities for foreign economic relations and trade shall have the right to disqualify those units which do not have the qualifications for doing foreign trade business, and ask the administrative department for industry and commerce to revoke their business licences. The exportation of commodities through irregular channels or by using crooked means by violation of the State provisions shall be strictly prohibited. IV. Taking the Improvement of the Quality of Export Commodities as the Focus of the Work of Technical Advancement All the localities and departments shall, in accordance with the requirements of the strategy of export and foreign trade, make adjustment in the structure and the orientation of investment for technical advancement, and link up the various measures adopted for technical transformation, the tackling of difficult problems (in science and technology), the importation of technology, testing and inspection, the expansion of production, and the reduction in consumption of raw materials and energy, at the key production enterprises, specialized factories, and production bases for the manufacture of export commodities by taking the improvement of the quality of products and the increases in foreign exchange earnings as the focal point. Strenuous efforts shall be devoted to the improvement of the warehousing and storage conditions for export commodities, so as to reduce or eliminate the contamination of or damages to export commodities.
  V. Clearly Defining the Responsibility for the Quality of Export Commodities In order to guarantee the quality of export commodities, all units and departments concerned must have both a clear-out definition of the job responsibility and rules. If the poor quality of some export commodities has resulted in economic losses or made a negative reflection on China's reputation, it is imperative to check up on the responsibilities to be borne by the production and processing enterprises, the foreign trade corporations, the warehousing and storage units, the department for commodities inspection, or other departments concerned. Cases of quality problem caused by dereliction or neglect of one's duty shall be looked into, and the person in charge as well as the leading personnel involved shall be held responsible and be dealt with in all seriousness. VI. Further Improving the Packing of Export Commodities The China National Packing Import and Export Company shall, in cooperation with the China National Packing Corporation, conduct further studies on,and work out programs and measures for the improvement of the packing of export commodities. Each year, efforts must be made to improve the packing of certain categories of export commodities. At present, it is imperative to improve the packing of foodstuffs, beverages, tobacco leaves, canned foods, hardware, machinery, ceramics, textiles, garments, cotton, and dangerous articles. The two companies shall coordinate the supply-and- demand relationship between packing factories and packing material suppliers, perfect the packing standards, and strengthen the work of quality control, inspection and supervision. VII. Strengthening the Standardization of Export Commodities, and Improving the Conditions for Conducting Measurement at Ports(1) The authorities of standardization of commodities inspection, and of foreign economic relations and trade shall, in cooperation with various competent organs, speed up the formulation and revision of the standards for export commodities and inspection criteria.(2) The competent authorities of transportation shall, in cooperation with the authorities of commodities inspection and metrological authorities,submit a plan to improve metrological conditions at ports and incorporate it into the program for technological transformation of the competent authorities of transportation and the interested localities so as to improve basically the metrological conditions at ports within 3 years.
  VIII. Strengthening the Administration of Trademarks of Export Commodities and Patented Products With respect to the use of trademarks for export commodities of famous brands, the authorities of foreign economic relations and trade and the administrative departments for industry and commerce shall jointly conduct a checking-up and rectification campaign to strengthen the administration and protect export commodities of famous brands. Without the approval of the competent authorities at a higher level or without the consent of the patentee, no production enterprises and foreign trade corporations may produce patented products for export and engage in export of such products. Cases occurring either at home or abroad of infringements or illegal acts such as counterfeiting the trademarks of our export commodities, imitating the patented commodities we export or forging our export commodities inspection certificates shall be resolutely investigated and dealt with, and the offenders shall even be prosecuted in time so as to safeguard the lawful rights and interests of the enterprises as well as of the State. If no inappropriateness is found in the recommendations submitted above,we request that they be approved and transmitted to all the localities and departments for implementation.
   1987年4月29日