Design And Manufacture Of Railway Locomotives Repair Import Licensing Approaches

Original Language Title: 铁路机车车辆设计制造维修进口许可办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201503/20150300398583.shtml

Design and manufacture of railway locomotives repair import licensing approaches

    (December 24, 2013 to 2013 of 13th release since the Ministry of transport as of January 1, 2014) Chapter I General provisions

    First to standardize the railway rolling stock administrative licensing work, 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, the railway safety regulations, laws, administrative regulations and the relevant provisions of the State, these measures are formulated. Second article this approach by said railway locomotive vehicles, is refers to directly bear railway public transport and detection test task of railway locomotive, and moving EMU, and bus, and truck, mobile equipment, and in railway Shang run and bear construction, and maintenance, and rescue, job of railway track car, and rescue crane, and laying machine and Bridge machine (Group) vehicles, and catenary job car and large maintenance mechanical, since round running special equipment.

    Must apply for permission list of railway vehicles by the national railway company be formulated, adjusted and published.

Article design, manufacture, maintenance or import new railway vehicles, each Party shall apply to the State Railways for type certification, license, and maintenance license or import licenses.

    Design new railway locomotive vehicles, design enterprise should made model certificate; has made model certificate of products, manufacturing enterprise in input bulk manufacturing zhiqian, should made manufacturing license; bear railway locomotive vehicles machine performance recovery sex repair (that "overhaul") of maintenance enterprise in maintenance sample car input operation Qian, should made maintenance license; imports new railway locomotive vehicles, in the products input operation Qian, domestic imports enterprise should made imports license.

    Article railway rolling stock design, manufacture, maintenance, and use shall comply with the relevant product quality and safety laws, administrative regulations and the relevant provisions of the State, ensure the safety of use of railway rolling stock in accordance with operational requirements.

    Conditions of evidence chapter II

    Article fifth design, manufacture, maintenance or import new railway rolling stock shall comply with the national industry development policy and the requirements of modern railway equipment and technology, in line with the relevant national standards and industry standards.

Article sixth type certificate shall meet the following conditions:

(A) the applicant has the status of enterprise legal persons;

(B) the applicant senior managers should have the appropriate design and management experience of staff; applicants should have appropriate professional and technical personnel, with research and development design, improving product design and quality assurance system, management system and advanced design tools, applications for enterprise or through cooperation with the prototype validation of manufacturing capacity;

(C) vehicle specifications, designs, enterprises or research project by application for review;

(D) critical parts and prototypes passed the type test;

(E) dissolution of the prototype application assessment and inspection;

(Vi) vehicle by the applicant or the scientific research projects unit technical evaluation of conformity;

(G) application for a type certificate for products containing pressure vessels, lifting machinery, such as special equipment, shall comply with the relevant laws and regulations of special equipment;

(VIII) non-infringement of intellectual property rights;

    (IX) other conditions stipulated by laws and regulations.

Article seventh manufacturing license shall meet the following conditions:

(A) the applicant has the status of enterprise legal persons;

(B) intends to manufacture the product has obtained type certificate;

(C) the applicant should possess in senior management personnel of manufacturing management experience, applicants should have the appropriate professional and technical personnel, has perfect quality guarantee system and management system, with complete assurance continuous batch manufacturing conditions and capacity, has a perfect after-sales service system;

(D) the applicant should have complete production drawings, specifications and other technical documentation, and have a legal right;

(V) manufacture of vehicles passed the type test and the type certificate holders qualified enterprise technology evaluation;

(F) apply for manufacturing products containing pressure vessels, lifting machinery, such as special equipment, shall comply with the relevant laws and regulations of special equipment;

(VII) non-infringement of intellectual property rights;

    (VIII) other conditions stipulated by laws and regulations.

Article eighth maintenance license shall meet the following conditions:

(A) the applicant has the status of enterprise legal persons;

(B) the applicant and property unit signed a maintenance car prototype testing contract, agreement or maintenance vehicles property unit (or the competent units) entrusted the maintenance certificate issued by the material;

(C) the applicant senior managers should have the corresponding manufacturing or maintenance personnel management experience, applicants should have the appropriate professional and technical personnel, has perfect quality guarantee system and management system, with complete assurance continuous batch maintenance conditions and capacity, has a perfect after-sales service system;

(D) the applicant should have a repair necessary drawings, specifications and other technical documentation, and have a legal right;

(E) pilot prototypes through routine maintenance and property unit or the competent units of the technical evaluation were qualified;

(F) application for a repair permit products containing pressure vessels, lifting machinery, such as special equipment, shall comply with the relevant laws and regulations of special equipment;

(VII) non-infringement of intellectual property rights;

    (VIII) other conditions stipulated by laws and regulations.

Nineth to obtain the import licence shall satisfy the following conditions:

(A) the applicant has the status of enterprise legal persons;

(B) the applicant can prove that the imported product has been the domestic user needs;

(C) the applicant can prove that the imported products were compliant with the legal qualification of the host country, with the corresponding performance and quality and good reputation, technical support and after-sales service to meet the needs of domestic users, and non-infringement of intellectual property rights;

(D) the technical conditions for imported products, design by internal user's review;

(E) critical parts and prototypes passed the type test;

(F) vehicles by domestic users, technical evaluation of conformity;

    (VII) other conditions stipulated by laws and regulations.

    Chapter III application materials

Article tenth application for a type certificate shall submit the following materials:

(A) the State railway administrative license application;

(B) apply for a copy of the business license;

(C) the quality management system documentation;

(D) applications for enterprise's basic situation report (including company profiles, personnel, quality guarantee system and management system of product design, product development and design capabilities, supplier and subcontractor list of documented cases of special equipment, and non-infringement of intellectual property rights statement);

(Five) design technology summary report (including products basic characteristics description, sample car technology conditions, and design programme of review views, design total figure and the pattern directory, whole car technology conditions, by according to of main technology standard and technology specification directory, trial process report, products trial and the test basic capacity equipped with, type type test project and the test report, sample car using assessment and disintegration check project and the report,);

    (Vi) other materials required by laws and regulations.

11th application for a manufacturing licence shall submit the following materials:

(A) the State railway administrative license application;

(B) apply for a copy of the business license;

(C) the type certificate;

(Iv) the drawings, specifications and other relevant sources of technical papers and legal documents;

(E) the quality management system documentation;

(F) the applicant to basic reports (including company profiles, personnel, product quality guarantee system and management system, product manufacturing and service capabilities, supplier and subcontractor list of documented cases of special equipment, and non-infringement of intellectual property rights statement);

(VII) manufacturing technology summary report (including the products appearance photos, list of main technical standards on the basis of technical specifications, product manufacturing and testing basic ability is equipped with, type test items and test reports, analysis of manufacturing capacity, funding guarantees to manufacturing capacity, applicant to manufacture prototype technology evaluation findings);

    (VIII) other materials required by laws and regulations.

Apply article 12th for maintenance licences shall submit the following materials:

(A) the State railway administrative license application;

(B) apply for a copy of the business license;

(C) the applicant and maintenance of prototype testing of the prototype property unit signed contracts, agreements or repair property unit (or the competent units) issued by Entrust maintenance supporting documents;

(Iv) the drawings, specifications and other relevant sources of technical papers and legal documents;

(E) the quality management system documentation;

(F) the applicant to basic reports (including company profiles, personnel, product quality guarantee system and management system, product maintenance and service, supplier and subcontractor list of documented cases of special equipment, and non-infringement of intellectual property rights statement);

(VII) technical summary report (including the products appearance photos, list of main technical standards and technical specifications, product maintenance and inspection of the basic capacities equipped with routine test items and test report, capability analysis, scale of funding for maintenance of assurance, maintenance vehicle ownership units or the competent departments to repair vehicles and technical evaluation findings);

    (VIII) other materials required by laws and regulations.

13th applications for import licences shall submit the following materials:

(A) the State railway administrative license application;

(B) apply for a copy of the business license;

(C) the imported products have internal documentation of user requirements;

(D) application profile (including enterprise business, results of operations, fixed assets, personnel, quality management, relations with domestic users, and so on);

(E) import product manufacturing enterprise legal proof of registration materials and access to the same or a similar product design and manufacture qualification supporting documents;

(F) evidence of sufficient quality management system for manufacturing enterprises of imported products;

(G) imported products manufacturing enterprise's basic situation report (including company profiles, personnel, and management system of the quality management system and after-sales service, product development and manufacturing capability overview, list of supplier and subcontractor, documented cases of special equipment, and non-infringement of intellectual property rights statement);
(H) summary report of imported technologies (including product specifications, technical requirements, design review, design drawing and drawing list, vehicle specifications, based on the list of main technical standards and technical specifications, product trial manufacturing and testing basic ability is equipped with, type test items and test reports, and so on);

(IX) other materials required by laws and regulations.

    14th administrative license shall be made in the application format text, format text formulated by the national railway company.

    The fourth chapter licensing procedures

15th state railway 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.

16th State Railways accept administrative licensing applications, application materials should be reviewed and, if necessary, organize the on-site verification, inspection, testing and expert review.

    Examination, shall make a written decision on approving an administrative license; failed to pass the examination, no written decision of administrative license according to law, state the reasons and sent to the applicant. 17th 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.

    18th 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 of the corresponding administrative permits.

    The fifth chapter certificate management

    19th licensee companies should be in the product manual and the product indicated on the certificate validity period of certificate of administrative license and serial number. Article 20th type certificate is valid for a long time. Manufacture, maintenance, import licences are valid for 5 years.

    After the expiration, licensee companies needs to extend administrative license certificate validity period has been made, it should be working in the expiry of 60 days to apply to the State railway.

    Article 21st during the validity of certificate of administrative license, licensee name or name of manufacture, repair and address changes, enterprises should change after the change request to the national railway administration within 30 working days, after change of administrative license certificate validity period does not change.

22nd change manufacturing, maintenance addresses manufacturing, maintenance license conditions change, licensee companies should re-apply for obtain a licence to manufacture, maintenance.

    Type certificate when significant changes in the product has been made shall be again applied for type-approval.

    Supervision and administration of the sixth chapter

23rd State Railways and railway regulatory body should be allowed to implement supervision and inspection, monitoring and checking the licensee company shall cooperate with the inspections and submit related materials as required.

    Obtained manufacture, maintenance license enterprises shall annually submit to the State Railways enterprise product quality management and after-sales service of self-examination report.

    24th 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.

25th 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.

26th 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) administrative license revocation or certificate of administrative license law was revoked by 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 seventh chapter by-laws

    27th national railway company pursuant to this approach to implementation details. 28th article of the rules implemented on January 1, 2014. Railway rolling stock design published on April 1, 2005 the Ministry of production and maintenance of administrative measures on import licenses (Ministry of the 14th) repealed simultaneously.