中华人民共和国计量法
一九八五年九月六日第六届全国人民代表大会常务委员会第十二次会议通过
一九八五年九月六日中华人民共和国主席令第二十八号公布
一九八六年七月一日起施行
目 录
第一章 总 则
第二章 计量基准器具、计量标准器具和计量检定
第三章 计量器具管理
第四章 计量监督
第五章 法律责任
第六章 附 则
第一章 总 则
第一条
为了加强计量监督管理，保障国家计量单位制的统一和量值的准确可靠，有利于生产、贸易和科学技术的发展，适应社会主义现代化建设的需要，维护国家、人民的利益，制定本法。
第二条 在中华人民共和国境内，建立计量基准器具、计量标准器具，进行计量检定，制造、修理、销售、使用计量器具，必须遵守本法。
第三条 国家采用国际单位制。
国际单位制计量单位和国家选定的其他计量单位，为国家法定计量单位。国家法定计量单位的名称、符号由国务院公布。
非国家法定计量单位应当废除。废除的办法由国务院制定。
第四条 国务院计量行政部门对全国计量工作实施统一监督管理。
县级以上地方人民政府计量行政部门对本行政区域内的计量工作实施监督管理。
第二章 计量基准器具、计量标准器具和计量检定
第五条 国务院计量行政部门负责建立各种计量基准器具，作为统一全国量值的最高依据。
第六条
县级以上地方人民政府计量行政部门根据本地区的需要，建立社会公用计量标准器具，经上级人民政府计量行政部门主持考核合格后使用。
第七条
国务院有关主管部门和省、自治区、直辖市人民政府有关主管部门，根据本部门的特殊需要，可以建立本部门使用的计量标准器具，其各项最高计量标准器具经同级人民政府计量行政部门主持考核合格后使用。
第八条
企业、事业单位根据需要，可以建立本单位使用的计量标准器具，其各项最高计量标准器具经有关人民政府计量行政部门主持考核合格后使用。
第九条
县级以上人民政府计量行政部门对社会公用计量标准器具，部门和企业、事业单位使用的最高计量标准器具，以及用于贸易结算、安全防护、医疗卫生、环境监测方面的列入强制检定目录的工作计量器具，实行强制检定。未按照规定申请检定或者检定不合格的，不得使用。实行强制检定的工作计量器具的目录和管理办法，由国务院制定。
对前款规定以外的其他计量标准器具和工作计量器具，使用单位应当自行定期检定或者送其他计量检定机构检定，县级以上人民政府计量行政部门应当进行监督检查。
第十条 计量检定必须按照国家计量检定系统表进行。国家计量检定系统表由国务院计量行政部门制定。
计量检定必须执行计量检定规程。国家计量检定规程由国务院计量行政部门制定。没有国家计量检定规程的，由国务院有关主管部门和省、自治区、直辖市人民政府计量行政部门分别制定部门计量检定规程和地方计量检定规程，并向国务院计量行政部门备案。
第十一条 计量检定工作应当按照经济合理的原则，就地就近进行。
第三章 计量器具管理
第十二条
制造、修理计量器具的企业、事业单位，必须具备与所制造、修理的计量器具相适应的设施、人员和检定仪器设备，经县级以上人民政府计量行政部门考核合格，取得《制造计量器具许可证》或者《修理计量器具许可证》。
制造、修理计量器具的企业未取得《制造计量器具许可证》或者《修理计量器具许可证》的，工商行政管理部门不予办理营业执照。
第十三条
制造计量器具的企业、事业单位生产本单位未生产过的计量器具新产品，必须经省级以上人民政府计量行政部门对其样品的计量性能考核合格，方可投入生产。
第十四条
未经国务院计量行政部门批准，不得制造、销售和进口国务院规定废除的非法定计量单位的计量器具和国务院禁止使用的其他计量器具。
第十五条
制造、修理计量器具的企业、事业单位必须对制造、修理的计量器具进行检定，保证产品计量性能合格，并对合格产品出具产品合格证。
县级以上人民政府计量行政部门应当对制造、修理的计量器具的质量进行监督检查。
第十六条 进口的计量器具，必须经省级以上人民政府计量行政部门检定合格后，方可销售。
第十七条 使用计量器具不得破坏其准确度，损害国家和消费者的利益。
第十八条 个体工商户可以制造、修理简易的计量器具。
制造、修理计量器具的个体工商户，必须经县级人民政府计量行政部门考核合格，发给《制造计量器具许可证》或者《修理计量器具许可证》后，方可向工商行政管理部门申请营业执照。
个体工商户制造、修理计量器具的范围和管理办法，由国务院计量行政部门制定。
第四章 计量监督
第十九条 县级以上人民政府计量行政部门，根据需要设置计量监督员。计量监督员管理办法，由国务院计量行政部门制定。
第二十条
县级以上人民政府计量行政部门可以根据需要设置计量检定机构，或者授权其他单位的计量检定机构，执行强制检定和其他检定、测试任务。
执行前款规定的检定、测试任务的人员，必须经考核合格。
第二十一条 处理因计量器具准确度所引起的纠纷，以国家计量基准器具或者社会公用计量标准器具检定的数据为准。
第二十二条
为社会提供公证数据的产品质量检验机构，必须经省级以上人民政府计量行政部门对其计量检定、测试的能力并可靠性考核合格。
第五章 法律责任
第二十三条
未取得《制造计量器具许可证》、《修理计量器具许可证》制造或者修理计量器具的，责令停止生产、停止营业，没收违法所得，可以并处罚款。
第二十四条 制造、销售未经考核合格的计量器具新产品的，责令停止制造、销售该种新产品，没收违法所得，可以并处罚款。
第二十五条 制造、修理、销售的计量器具不合格的，没收违法所得，可以并处罚款。
第二十六条 属于强制检定范围的计量器具，未按照规定申请检定或者检定不合格继续使用的，责令停止使用，可以并处罚款。
第二十七条
使用不合格的计量器具或者破坏计量器具准确度，给国家和消费者造成损失的，责令赔偿损失，没收计量器具和违法所得，可以并处罚款。
第二十八条
制造、销售、使用以欺骗消费者为目的的计量器具的，没收计量器具和违法所得，处以罚款；情节严重的，并对个人或者单位直接责任人员按诈骗罪或者投机倒把罪追究刑事责任。
第二十九条
违反本法规定，制造、修理、销售的计量器具不合格，造成人身伤亡或者重大财产损失的，比照《刑法》第一百八十七条的规定，对个人或者单位直接责任人员追究刑事责任。
第三十条 计量监督人员违法失职，情节严重的，依照《刑法》有关规定追究刑事责任；情节轻微的，给予行政处分。
第三十一条
本法规定的行政处罚，由县级以上地方人民政府计量行政部门决定。本法第二十七条规定的行政处罚，也可以由工商行政管理部门决定。
第三十二条
当事人对行政处罚决定不服的，可以在接到处罚通知之日起十五日内向人民法院起诉；对罚款、没收违法所得的行政处罚决定期满不起诉又不履行的，由作出行政处罚决定的机关申请人民法院强制执行。
第六章 附 则
第三十三条 中国人民解放军和国防科技工业系统计量工作的监督管理办法，由国务院、中央军事委员会依据本法另行制定。
第三十四条 国务院计量行政部门根据本法制定实施细则，报国务院批准施行。
第三十五条 本法自一九八六年七月一日起施行。
全国人民代表大会常务委员会 1985年9月6日 颁布
【英文】
Metrology Law of the Peoples Republic of China
Adopted at the 12th Meeting of the Standing Committee of
the Sixth National People's Congress
Promulgated by Order No. 28 of the President of the
People's Republic of China on September 6, 1985
And shall enter into force as of July 1, 1986
Contents
Chapter I General Provisions
Chapter II Primary Standards of Measurement, Standards of
Measurement and Metrological Verification
Chapter III Administrative Control of Measuring Instruments
Chapter IV Metrological Supervision
Chapter V Legal Liability
Chapter VI Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is formulated to strengthen the
metrological supervision and administration, to ensure the
uniformity of the national system of units of measurement and
the accuracy and reliability of the values of quantities, so
as to contribute to the development of production, trade and
science and technology, to meet the needs of socialist
modernization and to safeguard the interests of the state and
the people.
Article 2 Within the territory of the People's Republic of
China, this Law must be abided by in establishing national
primary standards of measurement and standards of measurement,
in conducting metrological verification, and in the
manufacture, repair, sale or use of measuring instruments.
Article 3 The State shall adopt the International System of
Units (SI).
The International System of Units and other units of
measurement adopted by the State shall be the national legal
units of measurement. The names and symbols of the national
legal units of measurement shall be promulgated by the State
Council.
Non-national legal units of measurement shall be abrogated.
Measures for the abrogation shall be stipulated by the State
Council.
Article 4 The metrological administrative department of the
State Council shall exercise unified supervision over and
administration of metrological work throughout the country.
The metrological administrative departments of the local
people's governments at and above the county level shall
exercise supervision over and administration of metrological
work within their respective administrative areas.
Chapter II Primary Standards of Measurement, Standards of
Measurement and Metrological Verification
Article 5 The metrological administrative department of the
State Council shall be responsible for establishing all kinds
of primary standards of measurement, which shall serve as the
ultimate basis for unifying the values of quantities of the
country.
Article 6 The metrological administrative departments of the
local people's governments at or above the county level may,
according to the needs of their respective areas, establish
public standards of measurement, which shall be put into use
after being checked and found to be qualified by the
metrological administrative department of the people's
government at the next higher level.
Article 7 The competent department concerned of the State
Council and the competent department concerned of the people's
governments of the provinces, autonomous regions, and
municipalities directly under the Central Government may, in
light of their own specific needs, establish standards of
measurement for their own use. The ultimate standard of
measurement of each kind shall be put into use after being
checked and found to be qualified by the metrological
administrative authorities of the people's government at the
corresponding level.
Article 8 Enterprises or institutions may, according to their
needs, establish standards of measurement for their own use.
The ultimate standard of measurement of each kind shall be put
into use after being checked and found to be qualified by the
metrological administrative department of the people's
government concerned.
Article 9 The metrological administrative departments of the
people's governments at or above the county level shall make
compulsory verification of the public standards of
measurement, the ultimate standards of measurement used in the
departments, enterprises and institutions as well as the
working measuring instruments used in settling trade accounts,
safety protection, medical and health work, or environmental
monitoring that are listed in the compulsory verification
catalogue. Those measuring instruments which have not been
submitted for verification as required and those which have
been checked and found to be unqualified shall not be used.
The catalogue of the working measuring instruments subject to
compulsory verification and the measures for the
administration of such instruments shall be stipulated by the
State Council.
Standards of measurement and working measuring instruments
other than those referred to in the preceding paragraph shall
be verified at regular intervals by the users themselves or by
the metrological verification institutions. The metrological
administrative departments of the people's governments at or
above the county level shall supervise and inspect such
verification.
Article 10 Metrological verification shall be conducted
according to the National Metrological Verification System.
The National Metrological Verification System shall be worked
out by the metrological administrative department of the State
Council.
Metrological verification must be carried out in accordance
with the regulations governing metrological verification. The
national metrological verification regulations shall be
formulated by the metrological administrative department of
the State Council. In the case of certain instruments that are
not covered in the national metrological verification
regulations, the competent departments of the State Council
and the metrological administrative departments of the
people's governments of provinces, autonomous regions, and
municipalities directly under the Central Government shall
respectively formulate departmental and local verification
regulations. Such verification regulations shall be submitted
to the metrological administrative department of the State
Council for the record.
Article 11 Metrological verification shall, according to the
principle of economy and rationality, be carried out on the
spot or in the vicinity.
Chapter III Administrative Control of Measuring Instruments
Article 12 An enterprise or institution which is to engage in
manufacturing or repairing measuring instruments must have
facilities, personnel and verification appliances appropriate
to the measuring instruments it is to manufacture or repair
and, after being checked and considered as qualified by the
metrological administrative department of the people's
government at or above the county level, obtain a Licence for
Manufacturing Measuring Instruments or a License for Repairing
Measuring Instruments.
The administrative departments for industry and commerce shall
not issue a business licence to an enterprise engaged in
manufacturing or repairing measuring instruments which has not
obtained a Licence for Manufacturing Measuring Instruments or
a Licence for Repairing Measuring Instruments.
Article 13 When an enterprise or institution manufacturing
measuring instruments undertakes to manufacture new types of
measuring instruments which it has not previously
manufactured, such measuring instruments may be put into
production only after the metrological performance of the
sample products has been checked and found to be qualified by
the metrological administrative department of a people's
government at or above the provincial level.
Article 14 Without the approval of the metrological
administrative department of the State Council, measuring
instruments with non-legal units of measurement which have
been abrogated by the State Council, and other measuring
instruments which are banned by the State Council, shall not
be manufactured, sold or imported.
Article 15 An enterprise or institution engaged in
manufacturing or repairing measuring instruments must verify
the measuring instruments it has manufactured or repaired,
guarantee the metrological performance of the products and
issue certificates of inspection for the qualified products.
The metrological administrative department of the people's
governments at or above the county level shall supervise and
inspect the quality of the measuring instruments manufactured
or repaired.
Article 16 Measuring instruments imported from abroad may be
sold only after having been verified and found to be up to
standard by the metrological administrative department of the
people's government at or above the provincial level.
Article 17 When using measuring instruments, no person shall
be allowed to impair their accuracy, thereby prejudicing the
interests of the State and consumers.
Article 18 Self-employed workers or merchants may manufacture
or repair simple measuring instruments.
Any sell-employed worker or merchant who is to engage in
manufacturing or repairing measuring instruments may apply for
a business licence from the administrative department for
industry and commerce provided he has been tested and found to
be qualified by the metrological administrative department of
a people's government at the county level, and issued a
Licence for Manufacturing Measuring Instruments or a Licence
for Repairing Measuring Instruments.
The types of measuring instruments which can be manufactured
or repaired by self-employed workers or merchants shall be
determined by the metrological administrative department of
the State Council, which shall also adopt measures for their
control.
Chapter IV Metrological Supervision
Article 19 The metrological administrative department of the
people's governments at or above the county level may,
according to their needs, appoint metrological supervisors.
The measures for the administration of the metrological
supervisors shall be formulated by the metrological
administrative department of the State Council.
Article 20 The metrological administrative department of the
people's governments at or above the county level may,
according to their needs, set up metrological verification
organ or authorize the metrological verification institutions
of other establishments to carry out compulsory verification
and other verification and testing tasks.
The personnel carrying out the tasks of verification and
testing mentioned in the preceding paragraph must be tested
for their qualifications.
Article 21 Any dispute over the accuracy of measuring
instruments shall be handled in accordance with the data
provided after verification with the national primary
standards of measurement or public standards of measurement.
Article 22 A product quality inspection agency which is to
provide notarial data on the quality of products for society
must be checked for its capability and reliability of
metrological verification and testing by the metrological
administrative department of a people's government at or above
the provincial level.
Chapter V Legal Liability
Article 23 Whoever without a Licence for Manufactured
Measuring Instruments or a Licence for Repairing Measuring
Instruments manufactures or repairs measuring instruments
shall be ordered to stop his production or business
operations. His unlawful income shall be confiscated and a
fine may concurrently be imposed.
Article 24 Whoever manufactures or sells a new type of
measuring instrument which has not been checked and found to
be qualified shall be ordered to stop the manufacture or sale
of that new product. His unlawful income shall be confiscated
and he may concurrently be punished by a fine.
Article 25 Whoever manufactures, repairs or sells unqualified
measuring instruments shall have his unlawful income
confiscated and a fine may concurrently be imposed.
Article 26 Whoever uses measuring instruments subject to
compulsory verification without having filed an application
for verification as required or continues to use measuring
instruments which have been checked but found to be
unqualified shall be ordered to stop the use and may
concurrectly be punished by a fine.
Article 27 Whoever uses unqualified measuring instruments or
impairs the accuracy of measuring instrument, s, thus causing
losses to the State and consumers, shall be ordered to make
compensation for the losses and shall have his measuring
instruments and unlawful income confiscated and may
concurrently be punished by a fine.
Article 28 Whoever manufactures, sells or uses measuring
instruments for the purpose of deceiving consumers shall have
his measuring instruments and unlawful income confiscated and
may concurrently be punished by a fine. If the circumstances
are serious, the individual or the person in the unit who is
directly responsible shall be investigated for his criminal
responsibility according to the crimes of swindling or
speculation.
Article 29 When any individual or unit, in violation of the
provisions of this Law, manufactures, repairs or sells
unqualified measuring instruments leading to people's injury
or death or causing major property losses, the individual or
the person in the unit who is directly responsible shall be
investigated for his criminal responsibility by reference to
the provisions of Article 187 of the Criminal Law.
Article 30 A metrological supervisor who transgresses the law
and neglects his duty, where the circumstances are serious,
shall be investigated for criminal responsibility pursuant to
the relevant provisions of the Criminal Law. If the
circumstances are minor, he shall be given an administrative
sanction.
Article 31 The administrative sanction provided for in this
Law shall be determined by the metrological administrative
department of a people's government at or above the county
level. The administrative sanction provided for in Article 27
of this Law may also be determined by the administrative
departments for industry and commerce.
Article 32 A party who refuses to accept the decision of the
administrative sanction may, within 15 days after receipt of
the notification of the decision, file suit in a people's
court. If within that time limit the party does not file suit
or comply with the penalty of paying a fine and having his
unlawful income confiscated, the administrative authorities
which have made the decision of the administrative sanction
may request the people's court for compulsory execution.
Chapter VI Supplementary Provisions
Article 33 Measures for the administration of and supervision
over metrological work in the Chinese People's Liberation Army
and in units under the jurisdiction of the Commission on
Science, Technology and Industry for National Defence shall be
formulated separately by the State Council and the Central
Military Commission in accordance with this Law.
Article 34 The metrological administrative department of the
State Council shall, in accordance with this Law, formulate
rules for its implementation, which shall go into effect after
being submitted to and approved by the State Council.
Article 35 This Law shall enter into force on July 1,1986.
Promulgated by The Standing Committee of the National People's
Congress on 1985-9-6 , s, thus causing
losses to the State and consumers, shall be ordered to make
compensation for the losses and shall have his measuring
instruments and unlawful income confiscated and may
concurrently be punished by a fine.
Article 28 Whoever manufactures, sells or uses measuring
instruments for the purpose of deceiving consumers shall have
his measuring instruments and unlawful income confiscated and
may concurrently be punished by a fine. If the circumstances
are serious, the individual or the person in the unit who is
directly responsible shall be investigated for his criminal
responsibility according to the crimes of swindling or
speculation.
Article 29 When any individual or unit, in violation of the
provisions of this Law, manufactures, repairs or sells
unqualified measuring instruments leading to people's injury
or death or causing major property losses, the individual or
the person in the unit who is directly responsible shall be
investigated for his criminal responsibility by reference to
the provisions of Article 187 of the Criminal Law.
Article 30 A metrological supervisor who transgresses the law
and neglects his duty, where the circumstances are serious,
shall be investigated for criminal responsibility pursuant to
the relevant provisions of the Criminal Law. If the
circumstances are minor, he shall be given an administrative
sanction.
Article 31 The administrative sanction provided for in this
Law shall be determined by the metrological administrative
department of a people's government at or above the county
level. The administrative sanction provided for in Article 27
of this Law may also be determined by the administrative
departments for industry and commerce.
Article 32 A party who refuses to accept the decision of the
administrative sanction may, within 15 days after receipt of
the notification of the decision, file suit in a people's
court. If within that time limit the party does not file suit
or comply with the penalty of paying a fine and having his
unlawful income confiscated, the administrative authorities
which have made the decision of the administrative sanction
may request the people's court for compulsory execution.
Chapter VI Supplementary Provisions
Article 33 Measures for the administration of and supervision
over metrological work in the Chinese People's Liberation Army
and in units under the jurisdiction of the Commission on
Science, Technology and Industry for National Defence shall be
formulated separately by the State Council and the Central
Military Commission in accordance with this Law.
Article 34 The metrological administrative department of the
State Council shall, in accordance with this Law, formulate
rules for its implementation, which shall go into effect after
being submitted to and approved by the State Council.
Article 35 This Law shall enter into force on July 1,1986.
Promulgated by The Standing Committee of the National People's
Congress on 1985-9-6 |
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