Market supervision administration. The State Council's Notice on Institutional Setup is a notice on institutional setup in the State Council based on the Plan for Deepening the Reform of Party and State Institutions, which was deliberated and adopted at the Third Plenary Session of the 19th CPC Central Committee, and the Plan for Institutional Reform in the State Council, which was deliberated and adopted at the First Session of the 13th National People's Congress. And the establishment plan of the State Council's directly affiliated ad hoc institutions, directly affiliated institutions, offices and directly affiliated institutions reviewed and approved at the first executive meeting in the State Council. The State Council issued and implemented on March 22nd, 20th18th.
Legal basis:
Provisions of the State Administration of Market Supervision on the allocation of functions, internal organs and staffing.
Article 1 These Provisions are formulated in accordance with the Decision of the Central Committee on Deepening the Reform of Party and State Institutions, the Plan for Deepening the Reform of Party and State Institutions and the Plan for Institutional Reform in the State Council approved by the First Session of the 13th National People's Congress.
Article 2 The State Administration of Market Supervision is an institution directly under the State Council, with ministerial level. Maintain the brands of the National Certification and Accreditation Administration and the National Standardization Administration.
Article 3 The State Administration of Market Supervision shall, in the course of performing its duties, implement the principles, policies and decision-making arrangements of the Party Central Committee on market supervision and management, and uphold and strengthen the centralized and unified leadership of the Party on market supervision and management. The main responsibilities are:
(a) responsible for the comprehensive supervision and management of the market. Draft relevant laws and regulations on market supervision and management, formulate relevant rules, policies and standards, organize the implementation of the strategy of strengthening the country by quality, food safety and standardization, formulate and organize the implementation of relevant plans, standardize and maintain market order, and create a fair competition, honest and trustworthy market environment.
(two) responsible for the unified registration of market entities. Guide all kinds of enterprises, farmers' professional cooperatives, units engaged in business activities, individual industrial and commercial households and resident representative offices of foreign (regional) enterprises and other market entities to register. Establish information disclosure and * * * sharing mechanism for market participants, publicize and * * * share relevant information according to law, strengthen credit supervision, and promote the construction of credit system for market participants.
(three) responsible for organizing and guiding the comprehensive law enforcement of market supervision. Guide the integrated construction of comprehensive law enforcement teams for local market supervision and promote the implementation of unified market supervision. Organize to investigate and deal with major illegal cases. Standardize the administrative law enforcement behavior of market supervision.
(four) responsible for the unified anti-monopoly law enforcement. Promote the implementation of competition policy as a whole and guide the implementation of fair competition review system. Conduct anti-monopoly review on the concentration behavior of operators according to law, and be responsible for anti-monopoly law enforcement such as monopoly agreement, abuse of market dominant position, abuse of administrative power to exclude and restrict competition. Guide enterprises to deal with foreign antitrust lawsuits. Undertake the daily work of the State Council Anti-monopoly Committee.
(five) responsible for the supervision and management of market order. Supervise and manage market transactions, online commodity transactions and related services according to law. Organize and guide the investigation and punishment of illegal price charging, unfair competition, illegal direct selling, pyramid selling, infringement of trademark and patent intellectual property rights, manufacturing and selling counterfeit and shoddy acts. Guide the development of advertising industry and supervise and manage advertising activities. To guide and investigate unlicensed production and operation and related unlicensed production and operation behaviors. Guide China Consumers Association to carry out consumer rights protection work.
(six) responsible for macro quality management. Formulate and implement institutional measures for quality development. Coordinate the construction and application of national quality infrastructure, organize and implement the quality supervision system of major engineering equipment in conjunction with relevant departments, organize the investigation of major quality accidents, establish and uniformly implement the recall system of defective products, and supervise and manage the anti-counterfeiting work of products.
(seven) responsible for product quality and safety supervision and management. Manage product quality and safety risk monitoring and national supervision and spot check. Establish and organize the implementation of quality grading system and quality and safety traceability system. Guide the management of industrial product production license. Responsible for fiber quality supervision.
(eight) responsible for the safety supervision and management of special equipment. Comprehensive management of special equipment safety supervision, supervision and inspection of the implementation of energy-saving standards for high-energy special equipment and boiler environmental protection standards.
(nine) responsible for the comprehensive coordination of food safety supervision and management. Organize the formulation of major food safety policies and organize their implementation. Responsible for the construction of food safety emergency system, organize and guide the emergency response work, and investigate and handle major food safety incidents. Establish and improve the direct reporting system of important food safety information. To undertake the daily work of the Food Safety Committee of the State Council.
(ten) responsible for food safety supervision and management. Establish a supervision and inspection system and a hidden danger investigation and management mechanism covering the whole process of food production, circulation and consumption, and organize their implementation to prevent regional and systematic food safety risks. Promote the establishment of the main responsibility mechanism for food producers and operators, and improve the food safety traceability system. Organize food safety supervision and sampling inspection, risk monitoring, verification and disposal, risk early warning and risk exchange. Organize and implement the registration, filing, supervision and management of special foods.
(eleven) responsible for the unified management of measurement work. The implementation of legal units of measurement and national measurement system, management of measuring instruments and value transfer and comparison. Standardize and supervise commodity quantity and market measurement behavior.
(twelve) responsible for unified management and standardization. To undertake the establishment, numbering, external notification and authorized release of mandatory national standards according to law. Formulate recommended national standards. Coordinate, guide and supervise the formulation of industry standards, local standards and group standards according to law. Organize international standardization cooperation and participate in the formulation and adoption of international standards.
(thirteen) responsible for the unified management of inspection and testing work. Promote the reform of inspection and testing institutions, standardize the inspection and testing market, improve the inspection and testing system, and guide and coordinate the development of inspection and testing industry.
(fourteen) responsible for the unified management, supervision and comprehensive coordination of the national certification and accreditation work. Establish and organize the implementation of a unified national certification and accreditation and conformity assessment supervision and management system.
(fifteen) responsible for the market supervision and management of science and technology and information construction, news propaganda, international exchanges and cooperation. Undertake work related to technical trade measures as required.
(sixteen) to manage the State Administration of Pharmaceutical Products and China National Intellectual Property Administration.
(seventeen) to complete other tasks assigned by the CPC Central Committee and the State Council.
(18) functional transformation.
1. Vigorously promote quality improvement. Strengthen total quality management and the construction of national quality basic system, improve the quality incentive system and promote brand building. We will speed up the establishment of a mandatory reporting system for product quality and safety accidents of enterprises and a compensation system for operators who ask first, innovate third-party quality evaluation, strengthen the main responsibility of producers and operators, and popularize advanced quality management methods. We will fully implement the system of self-declaration and supervision of enterprise product and service standards, foster the development of technologically advanced group standards, raise the overall level of domestic standards against international standards, and promote the construction of a quality power through standardization.
2. Further promote decentralization. Deepen the reform of the commercial system, reform the system of enterprise name approval and market subject withdrawal, deepen the reform of "separation of licenses", promote the "reduction of licenses after licenses" and shorten the start-up time of enterprises. Accelerate the marketization and socialization reform of inspection and testing institutions. Further reduce activities such as standard assessment, commendation and awards, and creation of demonstrations, reduce administrative examination and approval items, greatly reduce the production license of industrial products, and promote the optimization of business environment.
3. Strictly observe the safety bottom line. In accordance with the requirements of "the strictest standards, the strictest supervision, the most severe punishment and the most serious accountability", we will strengthen the supervision of food safety, the quality and safety of industrial products and the safety of special equipment in accordance with the law, strengthen on-site inspections, severely punish violations of laws and regulations, effectively prevent systemic risks, and let the people buy, use and eat with confidence.
4. Strengthen post-event supervision. We will speed up the cleanup and abolition of various regulations and practices that hinder the unified national market and fair competition, and strengthen the unified law enforcement against monopoly and unfair competition. Strengthen standard supervision, strengthen risk management, comprehensively implement "double randomness, one openness" and "Internet plus supervision", accelerate the sharing of regulatory information, and build a new market supervision system with information publicity as the means and credit supervision as the core.
5. Improve the service level. Accelerate the integration of consumer complaints, quality supervision and reporting, food and drug complaints, intellectual property complaints and price reporting lines. Promote the convenience of the whole process from market entry to exit, actively serve the development of new technologies, new industries, new formats and new models, use big data to strengthen services to market players, actively serve individual industrial and commercial households, private enterprises and the masses, and promote mass entrepreneurship and innovation.
(XIX) Division of responsibilities.
1. Division of responsibilities with the Ministry of Public Security. The State Administration of Market Supervision and the Ministry of Public Security have established a linkage mechanism between administrative law enforcement and criminal justice. If the market supervision and management department finds that an illegal act is suspected of committing a crime, it shall promptly transfer it to the public security organ in accordance with the relevant provisions, and the public security organ shall promptly review it and make a decision on whether to file a case according to law. If the public security organ requests the market supervision and management department to assist in inspection, appraisal and identification according to law, the market supervision and management department shall provide assistance.
2. Division of responsibilities with the Ministry of Agriculture and Rural Affairs. (1) The Ministry of Agriculture and Rural Affairs is responsible for the quality and safety supervision and management of edible agricultural products from planting and breeding to entering the wholesale and retail market or production and processing enterprises. After edible agricultural products enter the wholesale and retail market or production and processing enterprises, they shall be supervised and managed by the State Administration of Market Supervision. (2) The Ministry of Agriculture and Rural Affairs is responsible for the supervision and management of the prevention and control of animal and plant diseases, the slaughter of livestock and poultry and the quality and safety of raw milk purchase. (3) The two departments should establish a mechanism of food safety origin approval, market access and traceability, strengthen coordination and work convergence, and form a joint force of supervision.
3. Division of responsibilities with the National Health and Wellness Commission. The National Health and Wellness Commission is responsible for food safety risk assessment, and jointly with the State Administration of Market Supervision and other departments, formulate and implement a food safety risk monitoring plan. If the National Health and Wellness Committee finds that food may have potential safety hazards through food safety risk monitoring or receiving a report, it shall immediately organize inspection and food safety risk assessment, and timely notify the State Administration of Market Supervision of the results of food safety risk assessment, and the State Administration of Market Supervision shall immediately take measures for foods that have come to the conclusion that they are unsafe. If the State Administration of Market Supervision finds it necessary to carry out food safety risk assessment during the supervision and management, it shall promptly make suggestions to the National Health and Wellness Committee.
4. Division of responsibilities with the General Administration of Customs. (1) The two departments should establish a mechanism to avoid repeated inspections, repeated charges and repeated penalties for all kinds of import and export commodities and imported food and cosmetics, so as to reduce the burden on enterprises. (2) The General Administration of Customs is responsible for the safety supervision and management of imported food. Imported food and food-related products shall meet the national food safety standards of China. If food safety incidents occurring outside China may have an impact on China's territory, or serious food safety problems are found in imported food, the General Administration of Customs shall take risk early warning or control measures in time, and notify the State Administration of Market Supervision, which shall take corresponding measures in time. (3) The two departments should establish information notification and cooperation mechanism for defects of imported products. If the General Administration of Customs finds unqualified products or potential safety hazards in port inspection and supervision, it shall carry out technical treatment, return and destroy them according to law, and notify the State Administration of Market Supervision. The State Administration of Market Supervision uniformly manages the recall of defective products. If it is known that the imported products are defective through consumer reports, accident investigations and injury monitoring, the recall measures will be implemented according to law; For those who refuse to perform the recall obligation, the State Administration of Market Supervision shall notify the General Administration of Customs, which shall take corresponding measures according to law.
5. Division of responsibilities with the State Administration of Pharmaceutical Products. The State Administration of Pharmaceutical Products is responsible for formulating the regulatory system for drugs, medical devices and cosmetics, and for licensing, inspection and punishment of the development of drugs, medical devices and cosmetics. Provincial drug supervision and management departments are responsible for the licensing, inspection and punishment of drugs, medical devices and cosmetics production, as well as the registration, inspection and punishment of drug wholesale licenses, retail chain headquarters licenses and third-party platforms for Internet sales. The market supervision and management departments at the city and county levels are responsible for the licensing, inspection and punishment of drug retail and medical device business, as well as the inspection and punishment of cosmetics business and the use quality of drugs and medical devices.
6. Division of responsibilities with China National Intellectual Property Administration. China National Intellectual Property Administration is responsible for the business guidance of trademark patent law enforcement, formulating and guiding the implementation of trademark rights, patents and infringement judgment standards, formulating inspection and appraisal standards of trademark patent law enforcement, establishing mechanisms, and doing a good job in policy standards convergence and information notification. The State Administration of Market Supervision is responsible for organizing and guiding trademark patent law enforcement.
Article 4 The internal organs of the State Administration of Market Supervision are as follows:
(1) general office. Responsible for the daily operation of the organs, and undertake information, security, confidentiality, letters and visits, government affairs disclosure, informationization and other work. Organize and coordinate the emergency handling, investigation and handling of major accidents in market supervision and management.
(2) Comprehensive Planning Department. Undertake the task of coordinating and promoting the deepening reform of market supervision and management. Organize relevant policy research and comprehensive analysis. Formulate long-term plans for market supervision and management and organize their implementation. To undertake the drafting of important comprehensive documents and manuscripts. To undertake and guide the statistical work of market supervision and management.
(3) department of laws and regulations. Responsible for organizing the drafting of laws, regulations and rules related to market supervision and management. Review the legality of normative documents and draft international cooperation agreements, agreements and protocols. Undertake the design of law enforcement procedures, the standardization of discretion and the supervision of administrative law enforcement according to laws and regulations. To undertake or participate in relevant administrative reconsideration, administrative litigation and administrative compensation. Organize publicity and education on the rule of law.
(4) law enforcement inspection bureau. Formulate and organize the implementation of market supervision, comprehensive law enforcement and inspection and handling of cases. To guide the investigation and punishment of relevant illegal acts and cases in market access, production, operation and trading. To undertake the organization, investigation, supervision and supervision of major cases with national influence or across provinces (autonomous regions and municipalities directly under the Central Government). Guide the comprehensive law enforcement of local market supervision.
(5) Registration Bureau (Party Building Office for Specialized Markets of Small and Micro Enterprises and Individual Industrial and Commercial Households). Formulate the system and measures for unified registration of market entities and issuance of business licenses and guide their implementation. Undertake to guide the whole process of electronic registration. Undertake the analysis and disclosure of registration information. Administrative license guides market supervision and management. Support the development of individual and private economy and undertake the work of establishing and improving the directory of small and micro enterprises. Under the guidance of the Central Organization Department, guide the local market supervision and management departments to cooperate with the Party Committee Organization Department to carry out party building work for small and micro enterprises, individual industrial and commercial households and professional markets.
(6) Credit Supervision and Management Department. Formulate institutional measures for credit supervision and management. Organize and guide the supervision and inspection of the registration behavior of market entities. Organize and guide credit classification management and information publicity, and undertake the construction and management of the national enterprise credit information publicity system. Establish a list of business anomalies and a "blacklist", and undertake the coordination and contact work of joint punishment of market participants' supervision and management information and public information collection.
(7) Anti-monopoly Bureau. Formulate anti-monopoly system measures and guidelines, organize the implementation of anti-monopoly law enforcement, and undertake to guide enterprises to respond to overseas anti-monopoly lawsuits. Organize and guide fair competition review. To undertake international cooperation and exchanges in anti-monopoly law enforcement. Undertake the daily work of the State Council Anti-monopoly Committee.
(8) Bureau of Price Supervision and Inspection and Anti-Unfair Competition (Office for Regulating Direct Selling and Combating MLM). Formulate the system, measures and rules for price charging and anti-unfair competition supervision and inspection. Organize the supervision and inspection of commodity prices, service prices and charges of state organs and institutions. Organize and guide the investigation and punishment of price charges and unfair competition violations. Supervise and manage direct selling enterprises, direct sellers and their direct selling activities to crack down on pyramid schemes.
(nine) the supervision and administration department of online transactions. Formulate and implement institutional measures for the supervision and management of online commodity trading and related services. Organize, guide and coordinate the administrative law enforcement work in the online market. Organize and guide the standardized management of online trading platforms and network business entities. Organize the implementation of online market monitoring. Organize and implement the supervision and management of contracts and auctions according to law, and manage the registration of chattel collateral. Guide the construction of consumption environment.
(10) advertising supervision and management department. To formulate development plans and policies for the advertising industry and organize their implementation. Formulate and implement advertising supervision and management systems and measures, and organize and guide the advertising review of drugs, health foods, medical devices and formula foods for special medical purposes. Organize and monitor advertising in various media. Organize to investigate and deal with illegal acts such as false advertisements. Guide the work of advertising censorship agencies and advertising industry organizations.
(1 1) Quality Development Bureau. Formulate policies and measures to promote the strategy of strengthening the country by quality and organize their implementation, undertake the coordinated service and application of the national quality infrastructure, and put forward measures to improve the quality incentive system. Formulate and implement a system for improving the quality of products and services, a mandatory reporting system for product quality and safety accidents, and a recall system for defective products, organize and implement anti-counterfeiting quality supervision for major engineering equipment and products, carry out service quality supervision and monitoring, and organize major quality accident investigations.
(twelve) product quality and safety supervision and management departments. Formulate the catalogue of national key regulatory products and organize their implementation. Undertake national supervision and spot check, risk monitoring and classified supervision and management of product quality. To guide and coordinate the product quality supervision of industries, localities and specialties. To undertake the production license management of industrial products and the quality and safety supervision and management of food-related products. Undertake the quality supervision of cotton and other fibers.
(thirteen) food safety coordination department. Formulate major policies and measures to promote food safety strategy and organize their implementation. Undertake the overall coordination of major issues in the whole process of food supervision, and promote and improve the inter-regional and inter-departmental coordination and linkage mechanism of food safety. To undertake the daily work of the Food Safety Committee of the State Council.
(fourteen) food production safety supervision and management departments. Analyze and master the food safety situation in the production field, formulate the system measures for food production supervision and management and food producers to implement the main responsibility, and organize their implementation. Organize the supervision and management of the quality and safety of salt production. Organize the supervision and inspection of food production enterprises, and investigate and deal with relevant major illegal acts. Guide enterprises to establish and improve the food safety traceability system.
(fifteen) food business safety supervision and management departments. Analyze and master the food safety situation in the field of circulation and catering services, formulate institutional measures for the supervision and management of food circulation, catering services, market sales of edible agricultural products and the implementation of the main responsibilities of food operators, organize the implementation and guide the supervision and inspection work. Organize the supervision and management of the quality and safety of salt management. Organize and implement actions to improve the quality and safety of catering. To guide the food safety guarantee work of major events. Organize to investigate and deal with relevant major illegal acts.
(sixteen) specialized food safety supervision and management departments. Analyze and master the safety status of special foods such as health food, formula food for special medical purposes, infant formula milk powder, etc., formulate institutional measures for registration, filing, supervision and management of special foods and organize their implementation. Organize to investigate and deal with relevant major illegal acts.
(seventeen) food safety sampling monitoring department. Draw up the national food safety supervision and sampling plan and organize its implementation, and publish relevant information regularly. Supervise and guide the inspection, disposal and recall of unqualified food. Organize food safety evaluation sampling, risk early warning and risk exchange. Participate in the formulation of food safety standards and food safety risk monitoring plans, undertake risk monitoring work, and organize the investigation of potential risks.
(eighteen) special equipment safety supervision bureau. Compile the catalogue of special equipment and safety technical specifications. Supervise and inspect the production, operation, use, inspection, import and export of special equipment, as well as the implementation of energy-saving standards for high-energy-consuming special equipment and boiler environmental protection standards. Organize the investigation and handling of special equipment accidents and make statistical analysis according to the prescribed authority. Investigate and deal with relevant major illegal acts. Supervision and management of special equipment inspection and testing institutions, inspection and testing personnel and operators. Promote the research and application of special equipment safety science and technology.
(XIX) Metrology Department. To undertake the management of national measurement standards, standards, reference materials and measuring instruments, and organize the traceability and measurement comparison of values. To undertake the establishment and implementation of the national metrological technical specification system. To undertake the supervision and management of commodity quantity, market measurement behavior, measurement arbitration verification and measurement technical institutions and personnel. Use of standardized measurement data.
(20) Division of Standards and Technology Management. Formulate standardization strategies, plans, policies and management systems and organize their implementation. Undertake mandatory national standards, recommended national standards (including standard samples) and international benchmarking. Assist in organizing the investigation and punishment of major illegal acts such as violating mandatory national standards. To undertake the management of the National Professional Standardization Technical Committee.
(21) Standard Innovation Management Department. Undertake the work related to industry standards, local standards, group standards and enterprise standards, and organize and participate in the formulation of international standards. To undertake the related work of unifying social credit codes for legal persons and other organizations throughout the country. Manage the work of commodity bar code. Organize and participate in the activities of international or regional standardization organizations such as the International Organization for Standardization and the International Electrotechnical Commission.
(twenty-two) certification supervision and management departments. Formulate and implement the supervision and management system for certification and conformity assessment. Plan and guide the development of certification industry, and assist in investigating and dealing with illegal acts of certification. Organize and participate in the activities of international or regional certification and conformity assessment organizations.
(twenty-three) to recognize and inspect the supervision and management departments. Formulate and implement the supervision and management system of accreditation and inspection. Organize and coordinate the reform of the integration of inspection and testing resources, plan and guide the development of inspection and testing industry, and assist in investigating and dealing with illegal acts of accreditation and inspection and testing. Organize and participate in international or regional accreditation and inspection activities.
(24) Information Propaganda Department. To formulate market supervision and management information release system, and undertake news propaganda and news release management. Organize market supervision and management of public opinion monitoring, analyze and coordinate the disposal work. Coordinate and organize major publicity activities.
(twenty-five) science and technology and finance departments. Formulate and implement relevant scientific and technological development plans and technical institution construction plans, put forward major scientific and technological needs such as national quality infrastructure, and undertake relevant scientific research, technology introduction and application of achievements. To undertake budget and final accounts, financial audit, state-owned assets, capital construction, various funds, special funds and equipment management of organs and directly affiliated units. Guide the equipment configuration of market supervision and management system.
(26) personnel department. To undertake the work of cadres and personnel, organization establishment, labor wages, education, etc. of the organs and directly affiliated units. Guide the relevant talent team and grassroots standardization construction.
(twenty-seven) International Cooperation Department (Hong Kong, Macao and Taiwan Office). To undertake international exchanges and cooperation in market supervision and management, and to undertake exchanges and cooperation involving Hong Kong, Macao and Taiwan. To undertake the signing and implementation of relevant international cooperation agreements, agreements and protocols. Undertake work related to technical trade measures. To undertake the foreign affairs work of organs and directly affiliated units.
Party committees of organs. Responsible for the party-mass work of Beijing municipal organs and directly affiliated units.
Office of retired cadres. To be responsible for the work of retired cadres in organs and guide the work of retired cadres in directly affiliated units.
Article 5 The State Administration of Markets has an administrative establishment of 805 (including 2 staff members of the two committees, 3 mobile workers of relief agencies, and retired cadres 15). Director 1 person, 4 deputy directors, bureau-level director 1 person (including food safety director 1 person, chief engineer 1 person, 4 market inspectors, full-time deputy secretary of party committee1person, and 2 directors of retired cadres' offices).
Article 6 The establishment, responsibilities and staffing of the institutions affiliated to the State Administration of Market Supervision shall be stipulated separately.
Article 7 The Office of the Central Organization Establishment Committee shall be responsible for the interpretation of these Provisions, and its adjustment shall be handled by the Office of the Central Organization Establishment Committee according to the prescribed procedures.
Article 8 These Provisions shall come into force as of July 30th, 20 18.