Implementation Measures For Explosives Safety Production License

Original Language Title: 民用爆炸物品安全生产许可实施办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201506/20150600399678.shtml

  People's Republic of China industry and information technology Ministry 30th of the measures for the implementation of civil explosives safety production license on May 6, 2015 industrial and information technology Department of the 14th ministerial meeting, are hereby promulgated and, as of June 30, 2015.

Originally published by the science, technology and industry for national defense on August 31, 2006, the Committee of the measures for the implementation of civil explosives safety production license (formerly the Committee on Science, technology and industry for national defense to 17th) repealed simultaneously.



Minister, Miao Wei, May 19, 2015

Explosives safety production license implementation measures chapter I General provisions article in order to strengthen the safe production supervision and administration of civil explosives, production safety accident prevention, in accordance with the People's Republic of China Law on production safety, the safety license regulations and the safety regulations of civil explosives, these measures are formulated.

Article obtained a production license of civil explosives enterprises, after the construction is completed, in accordance with these measures shall be applied for civil explosives safety production license.

Companies did not receive the explosives safety production license, may not engage in production activities of civil explosives.

Article III Ministry of industry and information technology is responsible for guiding, monitoring the national civil explosives enterprises safety production license and approval of the management.

Governments of provinces, autonomous regions and municipalities directly under the explosives industry authorities (hereinafter referred to as the provincial civil explosive industry authority) is responsible for the production of civil explosives business license and approval of the supervision and management of production safety.

Districts of the city and County of civil explosives industry authorities, within the scope of their respective duties in accordance with the work of production safety supervision and administration of civil explosives.

For the convenience of applicants, the provincial civil explosive Industry Department commissioned a set of municipal or County civil explosives industry authorities (hereinafter referred to as the first instance body) to undertake the administrative area of civil explosives enterprises safety production license application accepted, the trial work. Article fourth safety in production of explosives workplaces, applying the principle of territorial management.

Civil explosives workplaces (including site mixed workplaces) workplace where explosives safety shall be subject to production management of the supervision of the competent authority. Second chapter application and approval fifth article application civilian explosion items security production license, should has following conditions: (a) made corresponding of civilian explosion items production license; (ii) has sound of enterprise, and workshop, and team three level safety accountability and complete of safety regulations and operation; (three) security input meet civilian explosion items safety requirements; (four) set safety management institutions, equipped with full-time safety management personnel, and has engaged in safety management of registered security engineers ; (Five) main head and safety management personnel after civilian explosion items safety training and assessment qualified; (six) special job personnel by about business competent sector assessment qualified, made special job operation qualification certificate; (seven) production job personnel through about civilian explosion items basic knowledge of safety education and training, and by exam qualified made induction qualification certificate; (eight) law participate in injury insurance, for practitioners pay premium; (nine) plant, and warehouse, and job places and security facilities, and Equipment, and process, and products meet about safety legal, and regulations and civilian blasting equipment design Security specification (GB50089), and civilian explosion items production, and sales enterprise security management procedures (GB28263), standard and procedures of requirements; site mixed loaded job system also should meet site mixed loaded explosives production security management procedures (WJ9072) of requirements; (10) has career against control measures,

And for practitioners equipped with meet national standards or industry standard of labour protection supplies; (11) has civilian explosion items security evaluation institutions issued of conclusion for "qualified", and "security risk can accept" or "has has security acceptance conditions" of security evaluation report; (12) has major dangerous source detection, and assessment, and monitoring measures and emergency plans; (13) has production security accident emergency rescue plans, and emergency rescue organization or emergency rescue personnel, equipped with necessary of emergency rescue equipment, and equipment;

(14) other conditions stipulated by laws and regulations.

Sixth application for explosives safety production permits enterprises to choose civil explosives manufacturing safety assessment safety assessment qualification institutions, the production conditions of the enterprise safety evaluation.

Provincial civil explosive industry administrative departments shall not in any way specify the security agencies.

Article seventh security evaluation institutions shall, in accordance with the guidelines for the safety assessment of civil explosives (WJ9048) and related security requirements of technical standards, specifications, application for explosives safety production license of the enterprise in accordance with the conditions laid down in article fifth safety evaluation item-by-item, safety evaluation report issued.

Safety evaluation agencies accountable for their safety evaluation findings.

Article eighth on the security issues raised in the evaluation report should be timely corrective action, safety evaluation agencies should confirm the rectification of enterprise, and to provide the relevant information as an annex to the safety assessment report of.

Nineth article made civilian explosion items production license of production enterprise in engaged in civilian explosion items production activities Qian, should to production job places location provincial people burst industry competent sector or trial organ proposed civilian explosion items security production license application, fill in civilian explosion items security production license application approval table (a type 3 copies, by industrial and information Department provides model), and full, and real to provides this approach fifth article provides of related file, and material. Tenth Article provincial people burst industry competent sector or trial organ since received application of day up 5th within, according to following situation respectively made processing: (a) application matters not belongs to this administrative organ terms range of, should rates made not accepted of decided, and told applicants to about administrative organ application; (ii) application material exists errors, can spot corrections of, should allows application people spot corrections; (three) application material not complete or not meet statutory form of,

Shall, on the spot or within the 5th time inform all applicants need to correct content, fails to inform the, shall be accepted as of the date of receipt of the application materials; (d) for matters belonging to the ambit of this administration, application materials are complete and comply with the statutory format, or the applicant submitted in accordance with the requirements of the administrative authority of all corrected application materials, shall be admissible. 11th provincial civil explosive industry authorities within 45 days from the date of receipt of the application review is completed.

By trial organ trial of, trial organ should since accepted application of day up 20th within completed on application material of review and the necessary of safety conditions verification, and will following material submitted provincial people burst industry competent sector: (a) civilian explosion items security production license application approval table; (ii) Enterprise submitted of all application material; (three) on application enterprise safety conditions of trial views.

To comply with the conditions specified in article fifth, issuance of the explosives safety production license does not meet the conditions, not be issued the explosives safety production license, notify the applicant in writing and state the reasons. Safety needs organizing expert on-site verification and shall inform the applicant in writing and organize on-site verification.

Time required for on-site verification during the license period is not calculated.

Provincial civil explosive industry administrative departments shall the explosives within 15th date of the issuing of the safety production license, will be issuing reports of industry and information technology Ministry and be published on Government Web sites and other channels.

 The explosives safety production license shall include the company name, registered address, legal representative, registration type, duration, production, safety and capacity issues. 12th the explosives safety production license is valid for 3 years.

Expired needs to continue to engage in production activities of civil explosives shall, before the expiry of 3 months to the competent provincial civil explosive industry sector or first instance authority continues.

 Review by the provincial civil explosive industry authorities, in line with the conditions of civil explosives safety production license, should approve the extension before the expiry of the validity period, and to the public; do not meet the conditions of civil explosives safety production license, isn't renewed, notify the applicant in writing and state the reasons.

13th article civilian explosion items security production license validity within, Enterprise name, and registered address, and statutory representative people, and registration type occurred change of, enterprise should since civilian explosion items production license change of day up 20th within to provincial people burst industry competent sector proposed civilian explosion items security production license change application, provincial people burst industry competent sector should in 10th within completed change procedures, and will results told trial organ. Safety and capacity, production and of any change of address, enterprises shall, in accordance with the way to re-apply the explosives safety production license.

Re-issuance of the explosives safety production license of the same. Chapter III supervision article 14th adopt an annual inspection of the civil explosives safety production license system.

Civilian explosion items production enterprise should Yu annual March to provincial people burst industry competent sector or trial mouthpiece sent following material: (a) civilian explosion items security production license annual table (by industrial and information Department provides model); (ii) implementation safety management responsibility and security hidden rectification situation; (three) safety costs aside and using, and main head and security management personnel training, and actual production and sales situation; (four) provincial people burst industry competent sector requirements submitted of other material.

Organs should be finished in 5th in the first instance trial work and related materials submitted to provincial civil explosive industry authorities.
15th article provincial people burst industry competent sector since received related material of day up 20th within, according to following situation respectively made processing: (a) Enterprise strictly comply with about safety of legal regulations and civilian explosion items industry safety about provides, safety conditions no occurred changes, no occurred General and the above grade of production security accident of, in civilian explosion items security production license mark "annual qualified";

(Ii) Enterprise serious violation about safety of legal regulations and civilian explosion items industry safety about provides or occurred General and the above grade of production security accident, deadline not completed rectification of, in civilian explosion items security production license mark "annual not qualified"; (three) enterprise not has this approach provides safety conditions of, in civilian explosion items security production license mark "annual not qualified". 16th annual inspection of the explosives safety production license unqualified enterprises by provincial competent authority shall order the rectification of the civil explosive industry.

After the corrective action is completed, reapply for annual inspection of enterprises. Article 17th General and above levels of production safety accidents occurred, should be dealt with according to the production safety accident reporting and investigation reporting regulations.

Safety conditions changed production safety accidents or deaths, must also be explosion to provincial departments in charge of industry and the Ministry of industry and information technology reporting.

18th production of civil explosives enterprises shall establish and improve production safety accident investigation system of governance, technical and management measures to detect and eliminate potential accidents, incident troubleshooting, governance should be recorded, and to inform the workers.

19th levels of explosives for the competent authority shall establish a sound supervisory system, strengthening the day-to-day supervision and inspection of civil explosives enterprises, urge them to legal production.

Conducting supervision and inspection, and shall not impede the production of civil explosives enterprises normal production and operation activities shall not solicit or accept a business property or seek other benefits.

Fourth chapter legal liability article 20th without organizations without authorization of the explosives safety production license production of explosives, explosive industry by provincial authorities shall order to stop production, fines of between 100,000 yuan and 500,000 yuan, and confiscated illegal production of explosives and illegal income constitutes a crime, criminal responsibility shall be investigated according to law.

21st enterprise does not have the conditions for safe production as provided herein, provincial civil explosive industry administrative departments shall be ordered to suspend production or business reorganization; has not meet the safety requirements of production or business for rectifications, revoke the explosives safety production license, and to report to the industry and information technology Ministry revoked the production license of civil explosives.

22nd security assessment issued bogus security assessment conclusions or a statement of conclusions serious misrepresentation of the safety assessment, reported by the provincial civil explosive industry authorities industry and information technology, drew attention to the relevant departments of the Ministry to cancel the safety assessment agency performance and safety evaluation of personnel qualifications.

Article 23rd by fraud, bribery or other improper means to obtain the explosives safety production license, provincial civil explosive industry authorities revoked its civil explosives safety production license, 3 years no longer handle the licence applications.

Article 24th of staff responsible for civil explosives safety production license, license acceptance, examination, approval and supervision of production safety management work, ask for or accept the company's property, or seeking other benefits, demotion, or dismissal; other acts of abuse of power, negligence, malpractice, shall be subject to punishment constitutes a crime, criminal responsibility shall be investigated according to law.

Fifth chapter supplementary articles article 25th before the implementation of these measures has been made explosives safety production license of the Enterprise shall, within 1 year from the date of implementation of this approach, shall be handled in accordance with these measures of the civil explosives safety production license.

Article 26th provincial civil explosive industry authorities should be based on this approach and local conditions, formulate rules for its implementation. 27th article this way come into force June 30, 2015.

Originally published by the science, technology and industry for national defense on August 31, 2006, the Committee of the measures for the implementation of civil explosives safety production license (formerly the Committee on Science, technology and industry for national defense to 17th) repealed simultaneously.