Recently, the State Council issued the Opinions on Further Optimizing the Foreign Investment Environment and Increasing Efforts to Attract Foreign Investment (hereinafter referred to as the Opinions), with the aim to further attract and utilize foreign investment (Click here to find out SESEC’s news on the Opinions). One of the measures outlined is dedicated to standardization, specifically aimed at supporting foreign-invested enterprises (FIEs) to participate in the formulation of standards, in an equal and law-abiding manner. To support the Opinions and FIE’s participation in China’s standardization activities, the State Administration for Market Regulation provided answers to 10 most frequently asked questions – which were translated by SESEC team to increase the understanding of foreign stakeholders. The translation of the Q&A is divided into three parts – this article is the first part.
- Whichlaws, regulations and policy documents of the state guarantee the participation of FIEs in China’s standardization activities?
- In November 2017, the Standardization Administrationof China, the National Development and Reform Commission, and the Ministry of Commerce issued the Guiding Opinions on Foreign-invested Enterprises Participating in the Standardization Work of China, which provided clear guidance on the subject, involving the scope of participation, patent protection, rights and obligations of FIEs participating in China’s standardization work. The Guiding Opinions are of great significance for guiding and regulating FIEs’ participation in China’s standardization activities.
- In March 2019,the 13th National People’s Congress of China issued the Foreign Investment Law, which stipulates that the state ensures that FIEs have equal participation in the formulation of standards according to law, while strengthening the information disclosure and social supervision of the formulation of standards. Compulsory standards formulated by the State are equally applicable to all FIEs.
- In December 2019, the State Council issued the Regulation for Implementing the Foreign Investment Law, clarifying that FIEsare allowed to put forward standard project proposal to the relevant standardization administrative departments. In addition, FIEs are allowed to submit opinions and suggestions during the initiation, drafting, technical review, implementation feedback and evaluation of standards; they are also allowed to participate actively in standard drafting, technical review and foreign language translation of standards in accordance with the provisions.
- In December 2019, the State Administration of Market Regulation issued the Measures for the Administration of Mandatory National Standards, emphasizing that mandatory national standards apply equally to all domestic entities and FIEs, and that they enjoy equal treatment when participating in the formulation and revision of mandatory national standards, in accordance with the law.
- In October 2021, the Central Committee of the Communist Party of China(CPC) and the State Council issued the National Standardization Development Outline, clearly proposing to promote the institutional opening-up in the field of standardization and ensure the participation of FIEs in the formulation of standards, in accordance with the law.
- In July 2023, the State Council released the Opinions on Further Optimizing the Foreign Investment Environment and Increasing Efforts to Attract Foreign Investment, which further emphasize the support for FIEsto participate in the formulation of standards, on an equal basis according to law. The Opinions outline a series of specific tasks to be completed, including:
- Promoting the disclosure of information about the whole process of standard formulation and revision, and ensuring the participation of FIEs in standardization technical committees and standard formulation activities on an equal basis , in accordance with the law;
- Encouraging FIEsto formulate enterprise standards, independently or in collaboration with other enterprises, and provide standardization services;
- Carrying out national trials for the standardization of the service sector in national comprehensive demonstration zones dedicated to the opening up of the service sector.
- How can FIEs participate in China’s standardization activities?
- Participate in the drafting of national standards and the translation of national standardsinto foreign languages.
- Put forward opinions and suggestions at all stages of the standard development project, e.g. duringestablishment, calling for comments, standard implementation, etc.
- Participate in anational standardization technical committee as a member or observer.
- Providestandardization services.
- Participate in the relevant activities of the international organizationsfor standardization, in accordance with relevant regulations.
- How canFIEs put forward proposals for establishing mandatory national standards?
- According to paragraph 2 of Article 10 ofMeasures for the Administration of Mandatory National Standards, social organizations, enterprises, institutions and citizens may put forward proposals for establishing mandatory national standards. Proposals shall be submitted to the standardization administrative department under the State Council, which in turn decides, jointly with other relevant departments, if the proposal can be turned into a standardization project.
- FIEscan submit mandatory national standard project proposals online, through the National Public Service Platform for Standards Information.
