Railway Transport Equipment Manufacturer Approval

Original Language Title: 铁路运输基础设备生产企业审批办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201503/20150300398591.shtml

Railway transport equipment manufacturer approval

    (December 23, 2013 to 2013 of 21st release since the Ministry of transport as of January 1, 2014) Chapter I General provisions

    First to standardize the administrative licensing work for railway transport equipment manufacturing enterprises, strengthening the railway transportation safety supervision and management, to protect public life and property safety, according to the People's Republic of China on administrative licensing law and the railway safety regulations, laws, administrative regulations and the relevant provisions of the State, these measures are formulated. Article rail transport infrastructure in these measures refers to the railway and switch equipment, railway signal and control equipment, equipment, railway traction power supply system of railway communication.

    List of rail transport infrastructure railways developed, adjusted and promulgated by the State.

    Article in the People's Republic of China railway transport equipment produced within the enterprise, an application shall be submitted to the State Railways, already qualified with "railway transport equipment manufacturing enterprise license" (hereinafter "production license").

    Chapter II conditions and procedures

Article fourth applicant shall comply with the following conditions:

(A) in accordance with national standards, industry standards and inspection of professional production equipment;

(B) appropriate professional and technical personnel;

(C) has a perfect quality assurance system and security management system;

    (D) other conditions stipulated by laws and administrative regulations.

Article fifth applicant shall submit the following materials:

(A) the application for leave;

(B) copy of business license;

(C) the statement of production equipment, facilities, and associated measuring instruments;

(D) the list of professional and technical personnel, and technical positions, technical grade, specialty and professional materials;

(E) the quality assurance system documentation and the effective operation of the safety management system and supporting documents;

(F) the applicant intends to produce product inventory and product standards, technical specifications, design and technology and other technical materials;

(VII) the product testing, verification, examination, certification and other related materials;

(VIII) technical review (qualification) certificate or examination;

(IX) other materials required by laws and regulations.

    Administrative licensing applications using rich text, format text formulated by the national railway company.

Sixth National Railway Administration application materials submitted by the applicant, should be dealt with separately according to the following conditions:

(A) application errors that can be corrected on the spot, shall permit the applicant to be corrected on the spot;

(B) the application materials are incomplete or not in compliance with the statutory form, shall, on the spot or within 5 working days once inform all applicants need to correct the content, fails to inform the, shall be accepted as of the date of receipt of the application materials;

(C) the application materials are complete and comply with the statutory format, or for correction all application materials submitted according to the requirements of enterprises, shall accept administrative licensing applications.

    State Railways accept or not to accept administrative licensing applications, should be stamped with the State railway administrative permit issued by special seal and date in written form.

    Article seventh State Railways accept administrative licensing applications, application materials should be reviewed, if necessary organize on-site verification, inspection, testing and expert review.

    Article eighth application is approved after examination, the State railway company shall make a written decision on approving an administrative license; failed, according to law no permission and a written decision, state the reasons and sent to the applicant. Nineth State railway companies shall, from the date of acceptance of the application shall make an administrative licensing decision within 20 working days.

Cannot make a decision within 20 working days, approved by the head of the State railway company, can be extended by 10 working days, and inform applicants of the reasons for the extension.

    Inspection, testing and expert review time does not count within the above-mentioned time limit.

    Tenth national railway company decision on approving an administrative license is made, shall make a decision within 10 working days of the date the application companies, service licenses.

    Chapter III administration certificate 11th production license shall indicate business name, location, scope of application and the effective start and end dates.

    Production license is valid for 5 years after expiration, licensee companies need to continue production license has been made, it should be working in the expiry of 60 days to apply to the State railway.

    12th the licensee changed production conditions (including address changes, line major technical transformation, processing outsourcing business changes, and so on) shall be made to the State railway to reapply for licenses.

    13th the licensee name business name, address and other changes shall be made to the national railway company applying for license change.

    Supervision and administration of the fourth chapter

14th state railways and railway regulatory body should be allowed enterprises to carry out supervision and inspection, monitoring and checking the licensee company shall cooperate with the inspections and submit related materials as required.

    Be permitted enterprises shall annually submit to the State Railways product quality assurance and safety management in the self-examination report.

15th the supervision and inspection of the main contents include:

(A) obtain production licence shall satisfy the conditions of stay;

(B) the production License usage.

    Supervision and inspection of the unqualified enterprises, should carry out rectification and review application to the national railway administration within 60 business days.

    16th applicant to conceal the relevant information or provides false information to apply for an administrative license, the State railway company not to accept or not the administrative licensing, and give a warning to applicants allowed to re-apply within 1 year of the administrative license.

17th under any of the following circumstances, the State railway company according to the request of the interested party or ex officio, and can annul of an administrative license:

(A) personnel who abuse their powers, neglect their duties of the executive decision on approving an administrative license is made;

(B) beyond the statutory authority to make decision on approving an administrative license;

(C) the violation of legal procedure decision on approving an administrative license is made;

(D) is not eligible or does not meet the statutory conditions of the applicant approving an administrative license;

(E) other circumstances can annul of an administrative license according to law. Licensee by fraud, bribery or other improper means an administrative license shall be revoked.

    Applicants are allowed to re-apply in 3 years the administrative license.

18th under any of the following circumstances, the cancellation of State Railways shall be in accordance with the law on administrative licensing procedures:

(A) the expiry date of the permit is not renewed;

(B) the licensee enterprise is terminated according to law;

(C) the administrative license law is revoked, or certificate of administrative license been revoked according to law;

(D) the administrative licensing items cannot be implemented due to force majeure;

    (E) laws and other regulations of administrative license shall be revoked.

    The fifth chapter by-laws

    19th national railway company pursuant to this approach to implementation details. Article 20th these measures shall enter into force on January 1, 2014. Announced on April 1, 2005 the Ministry of railway transport safety equipment production enterprise policy (Ministry of 15th) repealed simultaneously.