People's Republic of China promulgated by Decree No. 466 of the civil explosives regulations on the safety management of the Executive meeting of the State Council on April 26, 2006 the 134th adopted, promulgated and take effect on September 1, 2006.
Premier Wen Jiabao on May 10, 2006 explosives safety regulations chapter I General provisions article in order to strengthen the safe management of civilian explosives, explosion prevention, protecting the lives of citizens, property, security and public safety, this Ordinance is enacted.
Second explosives for the production, sale, purchase, import, export, transport, blasting operations of sale, purchase and storage, as well as ammonium nitrate, this Regulation shall apply.
Civil explosives mentioned in these regulations refers to non-military purpose, included in the nomenclature of civil explosives of various types of gunpowder, explosives and related products and detonators, fuse, ignition, detonating equipment.
Nomenclature of civil explosives shall be formulated by the competent Department of science, technology and industry for national defense in conjunction with the public security departments, announced.
Third State civil explosives of the production, sale, purchase, transportation and blasting through a permit system.
Without permission, no unit or individual may manufacture, sale, purchase, transportation of civil explosives shall not be engaged in blasting operations.
Is strictly prohibited to transfer, lend, lend, pledge, gift, possession or illegal possession of explosives.
Fourth National Defense industrial departments in charge of civil explosives production and sales of security supervision and management.
Public security organs shall be responsible for public safety of civil explosives management and purchase, transportation of civil explosives, blasting safety supervision and management, monitor flow of explosives.
Safe production supervision, railways, transportation, civil aviation authorities in accordance with provisions of laws and administrative regulations, responsible for civil explosive materials on safety supervision and management work.
Competent Department of science, technology and industry for national defense, public security organs, administrative departments for industry and commerce in accordance with the Division of responsibilities, responsible for investigating the illicit production, sale, purchase, storage, transport, mail, the use of explosives.
Fifth civil explosive materials in the production, sale, purchase, transportation and blasting units (hereinafter referred to as civil explosives business units) are in charge of the explosives safety management responsibility, this unit has overall responsibility for safety management of civil explosive materials.
Civil explosives business unit is the focus of the security unit, shall set up the security agencies or security personnel, setting protection facilities to prevent loss, theft or robbery of civil explosives.
Civil explosives business unit shall establish safety management systems, safety responsibility system, formulating safety measures and accident emergency plan, security management institutions or with full-time security personnel.
The sixth article without or with limited capacity for civil conduct or those who have been subjected to criminal punishment for crime, explosives shall not be engaged in the production, sale, purchase, transportation and blasting operations.
Civil explosives business unit should be strengthened on the practitioners of safety education, legal education and job skills training, employing qualified through examination before they can post; the eligibility requirements of the post, should be equipped with qualified personnel.
The seventh State to establish civil explosives information management system, identifies the management of explosives, monitoring flows of civil explosives.
Explosives manufacturing and selling business units shall establish a register of civil explosives and blasting operation system accurately to the units of production, sale, purchase, transportation, storage and use of explosives type, quantity and flow of information into the computer system.
The eighth article of any units or individuals have the right to report violations of safety regulations of civil explosives Act; receipt of the report of the competent authorities, the public security organ shall immediately investigate, and confidentiality for spotters, the report gives awards to workers.
Nineth State encourages civil explosives business unit uses new technology for improving safety performance of civil explosives, encourage the development of civil explosives production, distribution, blasting operations integrated business model.
Chapter II article tenth of civil explosives enterprises should follow the principles of overall planning, rational distribution. 11th article application engaged in civilian explosion items production of enterprise, should has following conditions: (a) meet national industry structure planning and industry technology standard; (ii) plant and dedicated warehouse of design, and structure, and building materials, and security distance and fire, and explosion-proof, and anti-mine, and anti-electrostatic, security equipment, and facilities meet national about standard and specification; (three) production equipment, and process meet about safety of technology standard and procedures; (four) has has corresponding qualification of professional technicians, and
Production management and production staff; (v) have a sound safety management systems, safety responsibility system, (vi) other conditions stipulated by laws and administrative regulations. 12th applies to engage in the production of civil explosives enterprises, shall be submitted to the Defense Industry Department application, feasibility study report and be able to demonstrate that it complies with the conditions specified in section 11th related material.
National Defense Industrial authority under the State Council shall review within 45 days of the date of acceptance of the application, meet the requirements, issued by the civil explosives manufacturing license; does not meet the criteria, no production license issued by the civil explosives, written to explain to the applicant the reasons.
Civil explosives enterprises to adjust production capacity and the variety of alteration, expansion, should be in accordance with the provisions of the preceding paragraph apply to the production of civil explosives license. 13th obtained a production license of civil explosives enterprises shall after the construction is complete, apply to departments of defense industry under the State Council work safety license. National Defense Industrial authority under the State Council shall, in accordance with the provisions of the regulations on the safety production license to check it, to meet the conditions, on the production license of civil explosives marking safety production license.
Civil explosives enterprises licensed by the marked safety explosives production license to the Administrative Department for industry and Commerce after commerce registration, may produce explosives.
Civil explosives production enterprise shall, within the 3rd after the industrial and commercial registration, to the local people's Governments at the county level public security organ for the record.
14th of explosives production enterprises should strictly follow the production license of civil explosives approved varieties and yield for production, production should strictly implement the safety provisions of the technical regulations. 15th civil explosives manufacturers warned of civil explosives should be identified, registered mark, the detonator.
Warning mark, registration mark of civil explosives and detonators encoding rules, by the public security department under the State Council in conjunction with the Department of national defense science and technology industry. 16th civil explosives enterprises shall set up and perfect the product inspection system, ensure the quality of civil explosive materials in conformity with the relevant standards.
Packaging of civil explosive materials shall comply with laws, administrative regulations and the relevant standards. 17th test or trial of civil explosives, must be carried out in a specialized field or specialized laboratories.
No tests in the workshop or warehouse or manufacture explosives.
Third chapter sales and purchase 18th article application engaged in civilian explosion items sales of enterprise, should has following conditions: (a) meet on civilian explosion items sales enterprise planning of requirements; (ii) sales places and dedicated warehouse meet national about standard and specification; (three) has has corresponding qualification of security management personnel, and warehouse management personnel; (four) has sound of security management system, and post security responsibility system; (five) legal, and administrative regulations provides of other conditions. The 19th applicant engaged in sales of civil explosives enterprises, should be to the local provinces, autonomous regions and municipalities National Defense Industrial authority submitting an application, feasibility study report and be able to demonstrate that it complies with the conditions specified in section 18th related material.
The provinces, autonomous regions and municipalities National Defense Industrial authority should review from the date of acceptance of the application in the 30th, and the sales of the applicant places and private warehouses and other facilities be inspected to meet the requirements, issued by the sales of civil explosives license; does not meet the conditions, not be issued to the sale of civil explosives license, a written justification to the applicant.
Sales of civil explosives enterprises holding explosives sales license to the Administrative Department for industry and Commerce after commerce registration, may be sold explosives for civilian use.
Civil explosives sales Enterprise shall, within the 3rd after the industrial and commercial registration, to the local people's Governments at the county level public security organ for the record.
20th civil explosives production enterprises with the explosives manufacturing license to sell the production of explosives.
Civil explosives enterprises sold the production of explosives, shall not exceed the approved varieties, yield.
21st article civilian explosion items using units application purchase civilian explosion items of, should to location County Government police organ proposed purchase application, and submitted following about material: (a) business license or institutions corporate certificate; (ii) blasting job units license or other legal using of proved; (three) purchase units of name, and address, and bank account; (four) purchase of varieties, and number and uses description.
Public security organs accepting the application shall, from the date of acceptance of the application to review the relevant material submitted within the 5th, meet the requirements, issuance of the explosives purchased license; does not meet the conditions, not be issued to an explosives purchase license, a written justification to the applicant.
The explosives purchased license shall set forth the license purchased variety, number and term of validity of the license purchase.
Production enterprises with the 22nd civil explosives explosives manufacturing license purchase raw material for civilian explosives, sales of civil explosives enterprises with sales of civil explosives licence, explosives manufacturers to buy explosives, explosives for use by explosives purchased license to buy explosives, Attn proof of identity should be provided.
Sales of civil explosives enterprises shall examine the license prescribed in the preceding paragraph and the person in charge of identity; the purchase of civil explosives license purchased, shall, in accordance with the license type, quantity sales.
23rd sales, buy explosives, should be conducted through the bank account transactions, you may not use transactions in cash or kind.
Sale of civil explosives enterprises, should purchase license, bank account transfer certificate, certified copy of agent for 2 years for reference.
24th sales of civil explosives enterprises shall within 3rd day of consideration of civil explosives, variety and quantity of sales and purchases to the local provinces, autonomous regions and municipalities competent Department of science, technology and industry for national defense and the people's Governments at the county public security organ for the record.
Purchase units of civil explosives shall, within 3rd day of consideration of civil explosives, variety, quantity purchased to the local people's Governments at the county level public security organ for the record. 25th article import and export of civil explosives, national defense industrial authority shall be approved by the State Council for approval.
Import and export of explosives approval shall be formulated by the competent Department of science, technology and industry for national defense in conjunction with the public security Department and the Customs General Administration under the State Council.
Importers of the import and export of explosives should be variety and number of the receipt or exit port is located the county public security organ for the record. Fourth chapter transport 26th article transport civilian explosion items, received goods units should to shipped up to County Government police organ proposed application, and submitted including following content of material: (a) civilian explosion items production enterprise, and sales enterprise, and using units and import and export units respectively provides of civilian explosion items production license, and civilian explosion items sales license, and civilian explosion items purchase license or import and export approved proved; (ii) transport civilian explosion items of varieties, and number, and
Packaging materials and packaging; (c) the identity, presence of hazards of transporting explosives emergency disposal methods; (d) the transport time, the starting place, the transport route and stopping places.
Public security organs accepting the application shall, from the date of acceptance of the application to review the relevant material submitted within the 3rd, meet the requirements, issue explosives transportation permit does not meet the criteria, and not be issued of the civil explosives transportation permits, written to explain to the applicant the reasons.
The explosives transportation permits shall specify the receiving units and sales enterprises, carriers, disposable transport duration, starting location, transportation routes, stopping places, the variety and quantity of the explosives.
27th transport explosives shall use the explosives transportation permit, in accordance with the licensing of varieties, quantities, transport.
28th article through road transport civilian explosion items of, should comply with following provides: (a) carry civilian explosion items transport license; (ii) civilian explosion items of Mount meet national about standard and specification, car within shall not manned; (three) transport vehicles security technology status should meet national about security technology standard of requirements, and according to provides hanging or installation meet national standards of flammable easy burst dangerous items warning logo; (four) transport civilian explosion items of vehicles should keep security speed;
(Five) according to provides of route driving, way by stopped should has hand guards, and away from building facilities and population dense of place, shall not in license yiwai of locations by stopped; (six) according to security operation handling civilian explosion items, and in handling site set alert, ban has nothing to do personnel into; (seven) appeared dangerous situation immediately take necessary of emergency disposal measures, and report local police organ.
29th civil explosives arrive destination, consignee inspection should be carried out on the back of the civil explosives transportation permits endorsements and in transport of explosives within the 3rd returned to the issuing authority of the permit application.
30th is forbidden to carry explosives on public transport or access to public places.
Prohibiting the posting of explosives for civilian use, prohibition of the consigned goods, luggage, parcels, mail carrying explosives. Fifth chapter blasting job 31st article application engaged in blasting job of units, should has following conditions: (a) blasting job belongs to legal of production activities; (ii) has meet national about standard and specification of civilian explosion items dedicated warehouse; (three) has has corresponding qualification of security management personnel, and warehouse management personnel and has national provides practice industry qualification of blasting job personnel; (four) has sound of security management system, and post security responsibility system; (five) has meet national standards, and
Industry-standard equipment for blasting, (vi) other conditions stipulated by laws and administrative regulations. Articles 32nd to apply for units engaged in blasting operations shall be in accordance with the provisions of the public security department under the State Council, to apply to the relevant security authorities, and provide evidence to prove that it meets the conditions specified in the 31st article of the rules of the related materials.
Public security organs accepting the application shall within 20th as the acceptance of the application for review, meet the requirements, issue a blasting unit license; does not meet the conditions, not be issued a blasting license, a written justification to the applicant.
Commercial blasting operations unit with the blasting operation license to the Administrative Department for industry and Commerce after commerce registration, before engaging in the business of blasting activities.
Blasting units shall, after the industrial and commercial registration in the 3rd, to the local people's Governments at the county level public security organ for the record. Article 33rd blasting blasting operations of this unit should be officers, security managers, warehouse managers for professional and technical training.
Blasting operations personnel should be divided into districts, the municipal government public security organ examinations, made after the blasting operators license, before engaging in the blasting operation. 34th blasting units shall in accordance with their level of qualifications to undertake a blasting project, demolition workers shall, according to their level of qualification engaged in blasting operations.
Blasting operation grading management approach by the public security department under the State Council. 35th in the cities, scenic areas and important engineering facility near blasting, blasting should be districts where city-level public security organ for the people's Government, submitted the blasting operation license and qualified security assessment issued by the blasting design and construction programme assessment report.
Public security organs accepting the application shall, from the date of acceptance of the application to review the relevant material submitted within the 20th, meet the requirements, approval decision does not meet the criteria, approved a decision, to the applicant in writing and state the reasons.
The blasting of the implementation of the provisions of the preceding paragraph shall be conducted by a qualified security management enterprise management, by blasting people's Governments at the county public security organs shall be responsible for organizing the implementation of security.
36th blasting unit across provinces, autonomous regions and municipalities directly under the administrative area of blasting operations, should the blasting project in advance the circumstances to report blasting the local people's Governments at the county level public security organs. 37th blasting unit shall faithfully recorded receiving and issuing of civil explosives of the variety, quantity, number, and receive, the issuer's name.
Recipients of civil explosive materials shall not exceed the amount of duty, work remaining explosives must return back on duty.
Blasting units shall receive, the granting of the original records of civil explosives stored for 2 years for reference.
Article 38th blasting operation shall comply with the relevant standards and norms of the State, from a safe distance outside arrangements set up warning signs and alert personnel, preventing staff from entering; blasting operation shall, without delay after the end checking, remove undetonated explosives.
39th blasting explosives when no longer in use, should these remarks in mind with respect to the remaining civilian explosives, reported to people's Governments at the county public security organization supervise the destruction.
Discovery, picking up free primary explosives, should be immediately reported to the local public security organ.
Sixth chapter storage 40th civil explosive materials shall be stored in a special warehouse and set protection facilities according to state regulations. 41st article store civilian explosion items should comply with following provides: (a) established out storage check, and registration system, deposited and issued civilian explosion items must for registration, do accounts clear, account real match; (ii) store of civilian explosion items number shall not over store design capacity, on nature phase conflict of civilian explosion items must points library store, is strictly prohibited in warehouse within store other items; (three) dedicated warehouse should specified hand management, and care, is strictly prohibited has nothing to do personnel into warehouse district within,
Smoking is strictly prohibited in the warehouse district and the use of fire, caused no other easy flammable, explosive goods into the warehouse district, is strictly prohibited in the storehouse accommodation and other activities; (iv) explosives is lost, stolen, robbed, it should be immediately reported to the local public security organ.
42nd on-site temporary storage of explosives in blasting operation shall meet the conditions of temporary storage of explosives, as well as by professionals, care shall not be in safe storage conditions do not have places to store explosives. Article 43rd deterioration of civil explosives and expired, shall be cleared in a timely manner, and be destroyed.
Should register before the destruction, destruction scheme proposed, Governments of provinces, autonomous regions and municipalities directly under the Defense Industry Department, the people's Governments at the county public security organization supervise the destruction.
Seventh, 44th chapter legal liability for illegal manufacture, trading, transporting and storing explosives, constitute a crime, criminal responsibility shall be investigated according to law; does not constitute a crime, there are acts violating the Administration, they shall be given administrative penalties for public security.
Violation of the provisions of this Ordinance, in the production, storage, transportation and use of explosives in a major accident, resulting in serious consequences or especially serious as to constitute a crime, criminal responsibility shall be investigated according to law.
Violation of the provisions of this Ordinance, of unauthorized production and sale of explosives, by the Department of science and technology industry for national defense shall be ordered to stop the illicit production, sale, less than 100,000 yuan and 500,000 yuan in fines and confiscation of illegal production and sale of explosives and illegal income.
Violation of the provisions of this Ordinance, without the license purchase and transport of explosives or blasting operations, the public security organ shall order to stop illegal purchase, transport, blasting activities, fines of between 50,000 yuan and 200,000 yuan, and confiscated illegal purchase, transport and blasting operations using explosives and illegal income.
Defense Industry Department, the public security organ to the confiscation of illegal explosives, destruction should be organized.
45th article violation this Ordinance provides, production, and sales civilian explosion items of enterprise has following behavior one of of, by defense technology industrial competent sector ordered deadline corrected, at 100,000 yuan above 500,000 yuan following of fine; late not corrected of, ordered discontinued closed reorganization; plot serious of, revoked civilian explosion items production license or civilian explosion items sales license: (a) beyond production license of varieties, and production for production, and sales of; (ii) violation security technology procedures production job of;
(Three) civilian explosion items of quality not meet related standard of; (four) civilian explosion items of packaging not meet legal, and administrative regulations of provides and related standard of; (five) beyond purchase license of varieties, and number sales civilian explosion items of; (six) to no civilian explosion items production license, and civilian explosion items sales license, and civilian explosion items purchase license of units sales civilian explosion items of;
(G) production of civil explosives enterprises sold the production of explosives are not in accordance with the provisions to the departments of national defense science and technology industry; (VIII) without the approval of the import and export of explosives.
46th article violation this Ordinance provides, has following case one of of, by police organ ordered deadline corrected, at 50,000 yuan above 200,000 yuan following of fine; late not corrected of, ordered discontinued closed reorganization: (a) not according to provides on civilian explosion items made warning identifies, and registration identifies or not on detonators coding playing, of; (ii) beyond purchase license of varieties, and number purchase civilian explosion items of; (three) using cash or real for civilian explosion items trading of; (Four) not according to provides save purchase units of license, and bank account transfers voucher, and handling people of identity proved copies of; (five) sales, and purchase, and import and export civilian explosion items, not according to provides to police organ record of; (six) not according to provides established civilian explosion items registration system, truthfully will this units production, and sales, and purchase, and transport, and store, and using civilian explosion items of varieties, and number and flows information entered computer system of; (seven) not according to provides will civilian explosion items transport license
Returned to the issuing authority in charge of.
47th article violation this Ordinance provides, through road transport civilian explosion items, has following case one of of, by police organ ordered corrected, at 50,000 yuan above 200,000 yuan following of fine: (a) violation transport license matters of; (ii) not carry civilian explosion items transport license of; (three) violation about standard and specification mixed loaded civilian explosion items of; (four) transport vehicles not according to provides hanging or installation meet national standards of flammable easy burst dangerous items warning logo of;
(E) is not in accordance with the route, stopping on the way no one guards stop locations outside or in the license, and (vi) loading the manned compartment of civil explosives; (VII) hazardous condition does not immediately take the necessary emergency measures, the local public security organs. 48th article violation this Ordinance provides, engaged in blasting job of units has following case one of of, by police organ ordered stop violations or deadline corrected, at 100,000 yuan above 500,000 yuan following of fine; late not corrected of, ordered discontinued closed reorganization; plot serious of, revoked blasting job units license: (a) blasting job units not according to its qualification grade engaged in blasting job of; (ii) business sex blasting job units across province, and autonomous regions, and municipalities administrative implementation blasting job,
Failing to advance to the county police report, where the blasting operation; (c) blasting unit fails to provide for the establishment of civil explosives to obtain registration, save, collect their registration records; (d) the blasting operation in violation of the relevant standards and norms.
Blasting operations personnel in violation of the relevant standards and norms of blasting operations, ordered by public security organs to correct, if the circumstances are serious, the blasting operators license revoked.
49th article violation this Ordinance provides, has following case one of of, by defense technology industrial competent sector, and police organ according to duties ordered deadline corrected, can and at 50,000 yuan above 200,000 yuan following of fine; late not corrected of, ordered discontinued closed reorganization; plot serious of, revoked license: (a) not according to provides in dedicated warehouse set technology prevention facilities of; (ii) not according to provides established out storage check, and registration system or deposited and issued civilian explosion items, led account real inconsistent of;
(C) the excess stocks, non-specific storage or stockpiling explosives for violation of storage standards and norms, and (d) of the regulations of other acts in violation of civil explosives stockpile management provisions. 50th article violation this Ordinance provides, civilian explosion items practitioners units has following case one of of, by police organ at 20,000 yuan above 100,000 yuan following of fine; plot serious of, revoked its license; has violation security management behavior of, law give security management punishment: (a) violation security management system, led civilian explosion items lost, and was stolen, and was Rob of; (ii) civilian explosion items lost, and was stolen, and was Rob, not according to provides to local police organ report or deliberately hide not reported of; (three) transfer, and
Lend, lend, pledge, gift of explosives.
51st article violation this Ordinance provides, carry civilian explosion items took public transport or into public, mailing or in checked of goods, and luggage, and package, and mail in the entrainment civilian explosion items, constitute crime of, law held criminal; is not constitute crime of, by police organ law give security management punishment, confiscated illegal of civilian explosion items, at 1000 Yuan above 10,000 yuan following of fine.
52nd explosives business unit mainly responsible for the failure to fulfil the regulations of safety management of responsibility, resulted in a major accident or other serious consequences, constitute a crime, criminal responsibility shall be investigated according to law; do not constitute a crime, mainly responsible for the dismissal, on management of individual investors a fine of less than 20,000 yuan and 200,000 yuan.
53rd National Defense Industry Department, public security, industrial and commercial administration sector staff in safety supervision and administration of civil explosives abuse their powers, neglect their duties or who constitutes a crime, criminal responsibility shall be investigated according to law; do not constitute a crime, administrative sanctions according to law.
Eighth chapter supplementary articles article 54th production license for the explosives, and the sale of civil explosives license shall be formulated by the competent Department of defense industry under the model; the purchase of civil explosives license, the civil explosives transportation permits, the blasting certificate, the blasting operators license, by the public security department under the State Council style. 55th article of the regulations come into force on September 1, 2006. January 6, 1984, the State Council issued the People's Republic of China civil explosives regulations repealed simultaneously.