The State Administration of Market Supervision of the People's Republic of China was established 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 of the State Council approved by the First Session of the 13th National People's Congress.
The State Administration of Market Supervision is a directly affiliated institution of the State Council, with ministerial status. Keep the brands of National Certification and Accreditation Administration Committee and National Standardization Administration Committee.
Main responsibilities:
(1) Responsible for comprehensive market supervision and management. 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 an honest and trustworthy market environment with fair competition.
(2) responsible for the unified registration of market entities. Guide the registration of various 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. Establish a mechanism for information disclosure and * * * sharing of market participants, publicize and * * * share relevant information according to law, strengthen credit supervision, and promote the construction of credit system of market participants.
(3) to be responsible for organizing and guiding the comprehensive law enforcement of market supervision. Guide the integration and construction of the comprehensive law enforcement team of 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.
(4) to be responsible for 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 and abuse of administrative power to exclude and restrict competition. Guide enterprises to respond to antitrust lawsuits abroad. Undertake the daily work of the State Council Anti-monopoly Committee.
(5) Responsible for supervising and managing the 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 intellectual property rights of trademarks and patents, and 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.
(6) 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.
(7) responsible for product quality and safety supervision and management. Manage product quality and safety risk monitoring and national supervision and spot checks. 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.
(8) responsible for the safety supervision and management of special equipment. Comprehensive management of special equipment safety supervision and supervision, supervision and inspection of the implementation of energy-saving standards for high-energy special equipment and boiler environmental protection standards.
(9) Responsible for the overall 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 handling, investigation and handling of 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.
(1) 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 a mechanism for food producers and operators to implement the main responsibility and improve the food safety traceability system. Organize food safety supervision and sampling, risk monitoring, verification and disposal, risk early warning and risk exchange. Organize the implementation of special food registration, filing, supervision and management.
(11) Be responsible for unified management and measurement. 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.
(12) Responsible for unified management and standardization. To undertake the project 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 cooperation in standardization and participate in the formulation and adoption of international standards.
(XIII) Be responsible for the unified management of inspection and testing. 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.
(14) Responsible for unified management, supervision and comprehensive coordination of national certification and accreditation. Establish and organize the implementation of a unified national certification and accreditation and conformity assessment supervision and management system.
(15) responsible for market supervision and management, science and technology and information construction, news propaganda, international exchanges and cooperation. To undertake the work related to technical trade measures as required.
(16) to administer National Medical Products Administration and China National Intellectual Property Administration.
(XVII) Complete other tasks assigned by the CPC Central Committee and the State Council.
Legal basis:
Interim Provisions on Administrative Punishment Procedures for Market Supervision and Administration Article 1 These Provisions are formulated in accordance with the Administrative Punishment Law of the People's Republic of China, the Administrative Enforcement Law of the People's Republic of China and other laws and administrative regulations in order to standardize the administrative punishment procedures for market supervision and administration, ensure that the market supervision and administration departments implement administrative punishment according to law and protect the legitimate rights and interests of natural persons, legal persons and other organizations.
article 6 administrative punishment shall be under the jurisdiction of the market supervision and administration department at or above the county level where the illegal act occurred. Except as otherwise provided by laws and administrative regulations.
article 7 the market supervision and management departments at the county level and at the municipal level divided into districts shall have jurisdiction over administrative punishment cases within their respective jurisdictions according to their functions and powers, except that the laws, regulations and rules stipulate that the market supervision and management departments at or above the provincial level shall have jurisdiction.
article 8 the dispatched offices of the county-level market supervision and administration departments shall impose administrative penalties in the name of the county-level market supervision and administration departments within the scope of authority determined by the county-level market supervision and administration departments, except those authorized by laws, regulations and rules to impose administrative penalties in the name of the dispatched offices.