On September 29, 2024, China’s State Administration for Market Regulation (SAMR) made public a draft of the Regulations on the Management of National Standardization Guiding Technical Documents (hereinafter referred to as the “Draft”) for consultation. The window for feedback remains open until October 31, 2024. This comprehensive Draft, structured into six chapters and 28 articles, has enhanced the provisions originally established in the 1998 edition.
The Draft sets forth the overarching principles and prerequisites for the formulation, management, and implementation of these documents. Among its notable points are:
I. Clarification of Definition and Purpose: The Draft explicitly defines national standardization guiding technical documents as reference resources for stakeholders, emphasizing that they do not carry the same legal weight as national standards. This distinction clarifies that the two categories of documents serve distinct purposes and hold different legal positions.
II. Types of Documents: The Draft divides the national standardization guiding technical documents into two types:
- Specifications: These documents provide rules, guidelines, or characteristics for standardization objects still in the developmental stage.
- Reports: These documents are designed to provide informational content.
III. Management Framework: The drafting of these documents necessitates a rigorous consultation process. Furthermore, they must adhere to the pertinent criteria for the adoption of international standards and the inclusion of patents.
IV. Non-mandatory Status: Given that the technical elements addressed in these documents are either evolving or purely informational, the Draft clarifies that they carry no mandatory legal or administrative authority.
V. Integration of International Standards: Besides incorporating documents from prominent international bodies such as ISO, IEC, and ITU, the draft permits the adoption of standardization documents from other international and foreign organizations, as deemed necessary.
The Draft Regulation highlights SAMR’s commitment to enhancing standardization management in China, aligning it more closely with global practices while streamlining the document development process. For foreign parties involved, this brings clarity to the difference between national standardization guiding technical documents and national standards. The adaoption of international standards coupled with the non-mandatory status of these documents provides valuable reference points without imposing immediate regulatory burdens. Such refinement could potentially ease market access and adaptability to advancing technologies.
If you have any question or need further assistance, please reach us at: info@bestao-consulting.com.