Coal Business Supervision

Original Language Title: 煤炭经营监管办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201503/20150300398629.shtml

Coal business supervision

    (July 30, 2014, national development and Reform Commission released 13th come into force September 1, 2014) Chapter I General provisions

    First to strengthen the coal business supervision management, regulating and maintaining the order of business to ensure stable supply of coal and promote environmental protection, in accordance with the People's Republic of China Law on coal and the People's Republic of China Law on air pollution prevention and control, these measures are formulated.

    Article in the People's Republic of China engaged in the coal business and regulatory activities in the territory, these measures shall apply.

    Third coal operators as mentioned herein, refers to companies or individuals engaged in coal, coal washing, coal processing and product distribution, and other activities.

    Article fourth of national development and Reform Commission is responsible for directing the national supervision and management in coal, coal business supervision and management departments in local people's Governments at or above the county level shall be responsible for the supervision and management in coal in the administrative area.

    Fifth national development and Reform Commission in conjunction with the departments concerned to strengthen policy guidance and support, establish and perfect the coal market system, foster enterprises of coal supply has a supporting role, encouraging qualified enterprises to participate in emergency reserves of coal.

    Article sixth guide coal undertakings subject to strengthen self-discipline of the industry association, with the coal business supervision management work and maintaining a fair and competitive market environment.

    Chapter II business

    Seventh engaged in business activities shall comply with the relevant laws, rules and regulations, policies and industry standards according to the coal industry, coal quality and promote environmental protection. Article eighth coal trading enterprises in the industrial and commercial administrative organs for registration after registration, the seat within 30 business days inform the coal business supervision and management departments at the same level of the record.

Among them, registered with the State administration for industry and commerce company, to its coal business supervision and management departments at the provincial level, where the shelter told the record. Coal trading enterprises record includes business name, legal representative, shelter, storage sites and facilities, the establishment of social credit institutions credit records.

    Record contents changed, enterprises should be within 30 working days from the date on which the change to inform local coal business supervision and Management Department.

    Nineth filing list of enterprises of coal within the administrative area, the provincial coal business supervision and management departments should be through a public offering of newspapers, websites, etc shall be announced, subject to public supervision.

Tenth article for coal business of storage coal site, layout should science reasonable, meet land using general planning; shall not set in landscape places district, and important ecological function district, environment sensitive regional; regional within different storage coal site of layout should reflected resources intensive development and save using; city large storage coal site should achieved closed store or construction wind inhibition dust, and anti-burning, and sewage processing facilities, shall not on around environment caused pollution.

    Coal business supervision and management departments at the provincial level in conjunction with the land, environmental protection and other sectors made coal storage site layout planning their respective administrative areas. 11th should cancel the unreasonable link of coal marketing.

    State promotes conditions of coal mine Enterprise direct sales, encouraging large coal mining enterprises and coal consumption of large user company signed long-term direct sales contract.

    12th coal in coal handling, storage, processing and transport, shall take the necessary measures to reduce fugitive dust emissions. 13th shaped coal processing operation shall ensure that quality and convenience for the masses, stable supply.

    Coal briquette for civilian use should be centralized grinding, targeted, unified distribution, chain operation.

    14th to encourage processing, marketing and use of clean coal, to promote coal and industrial coal blending, save energy and reduce pollution.

15th the coal business should operate in accordance with law, fair competition and prohibit the following conduct:

(A) take doping fake, shoddy, shortages and other fraudulent means;

(B) the monopoly and unfair competition;

(C) in violation of State price regulations, the implementation of drive up coal prices or low-price dumping activities;

(D) violation of relevant State regulations, tax evasion;

(V) sale or import high-ash, high sulfur inferior coal, as well as to the high polluting fuel restricted fire zones within the city or individual sales are not up to the required standard of coal;

(Vi) coal storage sites violate reasonable layout, wasting resources, polluting the environment;

    (G) violations of laws, rules and regulations, industrial policy or other acts in the industry standard.

    16th transport coal stations, ports and other transport enterprises shall not use their capacity to participate in the coal business, seeking means of improper benefits.

    17th prohibits the executive authorities to establish a coal supply intermediate and additional charges. 18th coal management bodies should strictly enforce state provisions on quality management of coal products, the supply of coal product quality shall conform to the national standard or industry standard.

    Users have special requirements for coal quality, is made by and between specified in the contract of sale of coal.

    Chapter III supervision and management

    19th coal business supervision and management departments in local people's Governments at or above the county level shall strengthen departments for industry and commerce, quality control, environmental protection, land and coordination, management shall conduct supervision on coal trading activities. Article 20th coal trading enterprises in the first quarter of each year, report to the coal business supervision and Management Department of the filing for business information for the last year, includes coal measurement, quality, environmental protection and implementation of the rules or standards.

Enterprises of the coal supply has a supporting role, with the coal business supervision management for dynamic monitoring, quarterly report main coal contract compliance, and so on.

    Besides involving commercial secrets outside, local people's Governments at or above the county level engaged in supervision and management departments should report to the public annual coal trading enterprise information. 21st coal business supervision and management of the people's Governments at and above the county level shall, jointly with relevant departments according to the relevant laws and regulations and these rules, the coal business subjects business records, annual reports carried out spot checks on a regular basis.

    Enterprises of the coal supply has a supporting role, addressing the major coal-check the performance of a contract of sale. 22nd all kinds of business entities shall be qualified social credit institutions corporate and legal representative credit score. Coal business supervision and management departments at all levels to strengthen credit system construction of coal trading and open to community credit institutions according to law, into a unified credit information platform, and illegal credit be publicized.

    Dishonest behavior of the illegal businesses or individuals, corrected in the time allotted should be illegal breach of withdrawal in the public list.

    23rd national development and Reform Commission established unified coal business supervision and management information system to enterprise records, annual reports, supervision and inspection information management and business activity monitoring.

    Article 24th coal business supervision and management departments to step up coal trading business credit information exchange with related departments share, promote coordinated supervision.

    25th coal business supervision and management departments to implement regulatory requirements, can be supported by the financial budgets of the existing channels.

    The fourth chapter penalty

    Article 26th coal trading enterprises in accordance with stipulations for the record or file contents are not true; not required to submit an annual report or the report is not true; not with the coal business supervision and management departments to accept supervision and inspection, run by the local people's Governments at or above the county level administration a rectification, overdue change, include illegal credit list as well as to the public.

    27th coal storage site for coal operators does not meet the layout requirements, or in the coal loading and unloading, storage, processing and transport without taking the necessary measures, causing pollution of the surrounding, run by the local people's Governments at or above the county level administration a rectification, overdue change, include illegal credit list as well as to the public.

    28th sold or imported high ash, high sulfur inferior coal; high polluting fuel restricted fire zones within the city or individual sales are not up to the required standard of coal, run by the local people's Governments at or above the county level administration a rectification, overdue change, include illegal credit list as well as to the public.

    Article 29th-doping of fake, shoddy and fraudulent operation, run by the local people's Governments at or above the county level supervisory and administrative departments shall be ordered to stop operations, confiscate the illegal income and illegal gains more than 1 time fined not more than five times, included in the list of illegal credit and to the public.

    30th coal business supervision and Management Department of personnel who abuse their powers, neglect their duties or malpractices for personal gain, shall be given administrative sanctions constitutes a crime, shall be investigated for criminal responsibility by judicial organs.

    The fifth chapter by-laws

    Article 31st of all provinces, autonomous regions and municipalities coal business supervision and management departments, in accordance with the measures on the administration of the coal business supervision and management of the development of implementing rules. 32nd article this way come into force September 1, 2014. Released on December 27, 2004, the national development and Reform Commission of the coal business supervision (25th, the national development and Reform Commission) abolished at the same time.