Operating License For Hazardous Chemical Management

Original Language Title: 危险化学品经营许可证管理办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201211/20121100378150.shtml

Operating license for hazardous chemical management

    (Published July 17, 2012 the State administration of work safety, the 55th since September 1, 2012) Chapter I General provisions

    First in order to dangerous chemicals, safe conditions, regulating the activities of dangerous chemicals, protecting people's life and property safety, in accordance with the People's Republic of China Law on production safety, and the safety management of dangerous chemicals Ordinance, these measures are formulated.

Article People's Republic of China territory included in the catalog of hazardous chemical management of hazardous chemicals (including warehouse management) apply to the activities of this approach.

    Civil explosives, radioactive substances, nuclear materials and activities of city gas, these procedures do not apply. The third State shall practice a licensing system for managing hazardous chemicals. Operation hazardous chemicals enterprises shall, in accordance with the operating licenses for access to dangerous chemicals (hereinafter referred to as business license).

Without business permit, no entity or individual may engage in dangerous chemicals.

Engaged in the following business activities of dangerous chemicals, do not need to obtain a license:

(A) shall obtain the dangerous chemical production enterprise of safety production license of hazardous chemicals in its factory in sales of the company's hazardous chemicals;

    (Ii) lawfully obtained permit port operators in the port area of port operation in hazardous chemical storage management.

    Fourth issuance of operating licenses management work of enterprise applications, a two-level certification, the principle of jurisdictional supervision.

Fifth the State administration of work safety to guide and supervise the national operating license issuance and management.

Safety supervision and management departments of provinces, autonomous regions and municipalities to guide and supervise the license issuance and management of work within their respective administrative areas.

District people's Government municipal work safety supervision and management departments (hereinafter referred to as the municipal licensing authority) is responsible for the following business license and approval, issue:

(A) business enterprise of highly toxic chemicals;

(B) management of explosive dangerous chemical enterprises;

(C) of an enterprise operating petrol filling stations;

(D) specialized in storing of hazardous chemicals enterprises;

(E) the hazardous chemicals management activities of enterprises under the Central Government-owned provincial districts, the Municipal Corporation (company).

(Vi) business with storage facilities in addition to highly toxic chemicals, explosive hazardous chemicals-hazardous chemicals other than enterprises;

    The County work safety supervision and management departments (hereinafter referred to as the County Licensing Office) responsible for the Administration in the third paragraph of this article the business license of the enterprise other than approval, issuance; do not have County Licensing Office, its business license issued by the municipal licensing authority,.

    Chapter II requirements for application for business license

Sixth in hazardous chemicals business unit (hereinafter the applicant) should be legally registered as businesses, and possess the following basic conditions:

(A) operating and storage sites, facilities, buildings, of the code for fire protection design of buildings (GB50016), of the code for fire protection design of petrochemical enterprises (GB50160), specification for the design and construction of automobile gasoline and gas filling station (GB50156), the code for design of petroleum depots (GB50074), the provisions of the relevant national standards, industry standards;

(Ii) Enterprise main head and safety management personnel has and this enterprise dangerous chemicals business activities phase adapted of safety knowledge and management capacity, by specifically of safety training and safety supervision management sector assessment qualified, made corresponding security qualification certificate; special job personnel by specifically of security job training, made special job operation certificate; other practitioners in accordance with about provides by safety education and professional technology training qualified;

(C) have a sound safety regulations and post operating rules;

(D) comply with state emergency response plan for accidents due to dangerous chemicals, and equipped with the necessary emergency rescue equipment and equipment;

(E) the laws, regulations and other safety conditions stipulated by national or industrial standards.

    Qian paragraph provides of safety regulations, is refers to full safety responsibility system, and dangerous chemicals purchase and sale management system, and dangerous chemicals security management system (including fire, and explosion-proof, and anti-poisoning, and anti-leak management, content), and security input guarantees system, and safety rewards and punishments system, and safety education training system, and hidden troubleshooting governance system, and security risk management system, and emergency management system, and accident management system, and career health management system,.

    Article VII the applicant engaged in highly toxic chemicals, except in accordance with the conditions laid down in article sixth, but should also establish double acceptance of highly toxic chemicals, twin storage shipped, double, double, double lock the account management system.

Article of the applicant hazardous chemical storage facilities, except in accordance with the conditions laid down in article sixth, but should also meet the following conditions:

(A) the newly established specialized in storing of hazardous chemicals, its storage facility built in the local people's Government plan for hazardous chemical stored in a special area in;

(B) the region of storage facilities and related sites, facilities, distance in accordance with the legal provisions, regulations, rules and standards;

(C) in accordance with the relevant provisions of the safety assessment, safety assessment report in accordance with the dangerous chemicals businesses safety evaluation called for in the rules;

(D) full-time safety Manager with national education chemical class or secondary vocational education degree in safety engineering, or chemical type above intermediate professional titles, or safety of dangerous goods class registered safety engineer qualification;

(E) compliance with the regulations on the safety management of dangerous chemicals and the provisional regulations on supervision and management of major hazard of dangerous chemicals and the general principle of common hazardous chemicals stored (GB15603) regulations.

    Applicant storage of inflammable, explosive, toxic, non hazardous chemicals, except those that meet the conditions specified in the first paragraph of this article shall also be in accordance with the Petro-chemical combustible gas and toxic gas detection and alarm code (GB50493) requirements.

    Chapter III applications for operating permits and issuing

Article the applicant apply for a business license, shall, in accordance with article fifth of these measures to the local municipal or County issuing authority (hereinafter issuing authority) to apply, submit the following documents and materials, and its authenticity is responsible for:

(A) apply for a business license for documents and applications;

(B) the rules of safe production and post inventory procedures;

(C) corporate directors, safety-control managers, special operations personnel related qualification certificates (copies) and other qualified practitioners training of supporting documents;

(D) undertakings proof of ownership or lease documents (copies);

(E) the nature of the enterprise issued by the administrative departments for industry and commerce business license or Enterprise name pre-approval document (copy);

(F) hazardous chemical accident emergency plan registration form (a copy of).

With storage facilities management of dangerous chemicals, the applicant shall submit the following documents and information:

(A) storage facilities-related documents (copies), rental storage facilities, leasing documents need to be submitted (copy), building, rebuilding, expansion of storage facilities required hazardous chemical safety facilities of construction project completion acceptance document (copy);

(B) record evidence of major hazards, full-time safety Manager certificate, certificate of technical or safety of dangerous goods class registered safety engineer qualification certificate (copy);

    (C) the safety assessment report.

Article tenth certification authority upon receipt of the documents and materials submitted by the applicant, should be made according to the following circumstances:

(A) the application does not need to obtain a business license, inform the applicant inadmissible on the spot;

(B) for matters not covered by this certification authority mandate, decisions made on the spot inadmissible, advise the applicant apply to the corresponding issuing bodies, and returned to the application documents and materials;

(C) the application documents, information on errors that can be corrected on the spot, permit the applicant to be corrected on the spot, and the admissibility of the application;

(D) the application documents, materials are incomplete or do not meet the requirements, inform on the spot or within 5 working days to issue a correction notice, inform all applicants need to supplement content fails to tell, from the date of receipt of the application documents and materials shall be inadmissible;

(V) the application documents, materials complete, in line with the requirements, or the applicant all the correct materials in accordance with certification authorities, immediately accepted his application.

    Issuing authority to accept or not to accept an application for license, it shall issue a dated and stamped with the seal of the Authority written proof.

After 11th Licensing Office accepts the application for business license should be organized to review the documents and materials submitted by the applicant, 2 or more staff are assigned to the applicant's premises, storage facilities for on-site verification, and from the date of acceptance of the decision whether or not to grant permission in the 30th.

    Issuing authority verification on-site verification of rectification by the applicant finds the problems and the time required to modify the application documents and materials, not included in the provisions of the preceding paragraph within the period.

    12th decided by the issuing authority to grant permission shall, within 10 working days from the date of the decision to issue operating permits; not to permit decisions of the issuing authority and shall inform the applicant in writing and state the reasons in writing within 10 working days, notification should be stamped with the seal of the authority. Business licenses includes the original 13th article, copies, for hanging the originals, copies folded.

Copy of the original and has the same legal effect.

Business license original and copies shall be separately set forth the following:

(A) business name;

(B) corporate residence (registered office, place of business, storage sites);

(C) the name of the legal representative of the enterprise;

(D) the mode of operation;

(E) scope;

(F) the date of issue and expiry;

(G) the certificate number;

(H) issuing authority;

    (IX) validity extension.

14th have already obtained a business license for enterprise changes its business name, principal owner, registered address or hazardous chemical storage facilities, monitoring measures shall, within 20 working days from the date of the change, the provisions of this article fifth issuing authority a written application, and submit the following documents and information:

(A) the application for change of business license;
(B) change of the business license copy (copy);

(C) changes in charge of security certificate (copy);

(D) change of registered address of the relevant supporting documents;

    (E) the hazardous chemical storage facilities and control measures after the change of special safety assessment report.

15th issuing authority after accepting the change request should be organized to review the submitted documents and materials, and the receipt of the application documents and materials within 10 working days of the date whether to approve the change in the decision.

To approve the changes decided by the issuing authority, should reissue the license, and to recover the original license; does not change, it shall explain the reasons and notify enterprise.

    Change of business licenses, license validity period start date and due date of the same, and shall set forth the change date. 16th, has obtained a business license for enterprises with new construction, renovation or expansion of dangerous chemicals storage facility construction projects, safety facilities of construction projects should be completed within 20 working days of the date of acceptance, to the issuing authority provided for in article fifth proposed change request and submit hazardous chemical safety facilities of construction project completion acceptance (copies) and other related documents and materials.

    Certification authorities shall, in accordance with this article tenth review provisions, 15th, handle change.

17th has obtained a business license for the enterprise, any of the following circumstances shall operate in accordance with the regulations to re-apply for licenses and submit relevant documents and materials:

(A) with no storage facilities places of operation, change its business;

(B) the enterprises change their places of storage with storage facilities;

(C) the storage and offsite renewal of operating enterprises;

(D) the changing modes of operation;

    (E) the license scope changes. 18th an operating license is valid for 3 years.

After the expiration, companies need to continue to engage in business activities of dangerous chemicals shall be operating licenses before the expiration of 3 months, the provisions of this article fifth issuing authority proposed operating permit extension application and submit an extension application and the application documents and information provided for in article Nineth.

    Enterprise license extension applications, can also apply for changes, and related documents and materials to the issuing authority.

Article 19th enterprises meeting the following conditions, when applying for a license extension, agreed by the issuing authority, can not submit the documents and information provided for in article Nineth:

(A) strict compliance with the relevant laws and regulations and these rules;

(Ii) after obtaining the license, strengthen day-to-day administration of production safety, not reduce safety conditions;

(C) no fatalities occurred or make a serious impact on society's production safety accidents.

    With a storage facility hazardous chemicals enterprises, except in accordance with the conditions prescribed in the preceding paragraph, but also need to obtain and submit hazardous chemical enterprise safety production standardization level II standard certificate (copy).

Article 20th issuing authority after accepting the application for extension shall, in accordance with article tenth of this approach, provisions of 11th, 12th, and to review the extension request, and made in operating licence before the expiry of the decision whether or not to grant an extension; issuing authority fails to make a decision, seen as granting an extension.

    Decided by the issuing authority to grant an extension, license validity period extended for 3 years.

    21st no unit and individual shall forge, alter business license, or rent, lend, transfer its license, or use counterfeit or altered permit to operate.

    Supervision and administration of business licenses of the fourth chapter

22nd certification authorities should adhere to the principles of openness, fairness and justice, strictly in accordance with the laws, rules and regulations, national standards, industry standards and the conditions of these rules and procedures, approval, issuance of business licenses.

    Issuing business licenses of organs and their staff in approving, issuing, and supervision and management shall not solicit or accept property of the parties, shall not seek other interests.

    Article 23rd issuing authorities shall strengthen the supervision and administration of business licenses, establish and perfect the business licensing, issuing records management system, and announced to the public on a regular basis obtained a business license of the enterprise, subject to public supervision.

    Article 24th-issuing authority shall be submitted at the public security organs, the environmental protection departments of a business license for distribution.

    25th in supervision and inspection of production safety supervision and administration departments, found operating license has been made enterprise no longer have laws, rules and regulations, national standards, industry standards and the safety conditions as provided herein, or violations of laws, rules and regulations and these rules of behavior, should be dealt with according to law, and inform the original issuing authorities.

    Article 26th issuing body found by fraud, bribery or other improper means to obtain a business license for, has been issued a permit to operate shall be dismissed.

27th has obtained a business license for enterprises, one of the following circumstances, issuing body shall be revoked of their business licenses:

(A) extension of expiry date of the license has not been approved;

(B) terminate the operation of the hazardous chemicals;

(C) the license was revoked;

(D) license is revoked.

    Issuing authority after the cancellation of business licenses, should be in the main local news media or the announcement on the official website, and inform the local people's Governments above the county level and production safety supervision and management departments.

28th issuing authority shall within their respective administrative areas at the county level the previous year operating permit approval, issuance and regulatory reporting municipal Licensing Office.

Municipal licensing authority shall within their respective administrative areas on a yearly license approval, issuance and regulatory reporting provinces, autonomous regions and municipalities work safety supervision and management departments.

    The provinces, autonomous regions and municipalities work safety supervision and management departments should be in accordance with the provisions of relevant statistics, will be an annual business license on the administrative approval, issue and the State administration of work safety supervision and management of the report.

    The fifth chapter legal liability

29th without business licenses to engage in dangerous chemicals business, in accordance with the People's Republic of China Law of safety production without legal authorization, liability management, storage of hazardous goods and fine constitutes a crime, criminal responsibility shall be investigated according to law.

    Enterprise after the expiry date of the license, still engaged in dangerous chemicals, in accordance with the provisions of the preceding paragraph shall be punished.

Article 30th company with storage facilities in violation of the provisions of the regulations on the safety management of dangerous chemicals, any of the following circumstances, correction, fines of between 50,000 yuan and 100,000 yuan; it refuses, order to suspend production reorganization; production or business for rectifications are not law, rules and regulations, national standards and industry standards for the safe production conditions, revoke its business license:

(A) for reusable packaging and containers of hazardous chemicals, repeat does not check before use;

(B) not according to the type of their stockpiles of dangerous chemicals and hazardous characteristics that set up related safety facilities in the workplace, equipment, or not in accordance with national standards, industry standards or relevant provisions of the State security facilities, regular maintenance and repair of the equipment;

(C) hazardous chemicals are not stored within a dedicated warehouse, or is not highly toxic chemicals and other hazardous chemicals stockpiles pose a major hazard in a private warehouse stored separately;

(D) periodic security assessment was not safe production conditions;

(E) storage of dangerous chemicals, or store number does not conform to national or State regulations;

(Vi) special warehouse for dangerous chemicals do not meet the requirements of national standards and industry standards;

    (VII) no special warehouse for hazardous chemical safety facilities, equipment testing and inspection on a regular basis.

    31st forged, altered, or rent, lend, transfer, license or use of forged or altered license, fines of between 100,000 yuan and 200,000 yuan, has illegally obtained, confiscation of illegal income activities contravening public security management, shall be subject to administrative penalties for public security constitutes a crime, criminal responsibility shall be investigated according to law.

    Article 32nd has obtained a business license for enterprises no longer have laws and regulations and the conditions for safe production as provided herein, shall order rectification fails to make corrections, shall be ordered to stop production or business for rectifications; production or business for rectifications are not law, rules and regulations, national standards and industry standards for the safe production conditions, revoke its business license.

    33rd business licenses of enterprises has been made to the article 14th, 16th, under specified circumstances, these measures are not in accordance with the provisions of the application changes, rectification, fines of between 10,000 yuan; still does not apply overdue change, fines of between 10,000 yuan and 30,000 yuan.

    34th production safety supervision and management departments of the functionary, abuse of power, fraud, negligence, failing to perform hazardous chemicals business license approval, supervision and management of issues and, given punishment in accordance with the regulations.

    35th security evaluation agencies and issues false security evaluators the evaluation report, in accordance with the provisions of the relevant laws, rules and regulations administrative penalties constitutes a crime, criminal responsibility shall be investigated according to law. 36th article of the rules of administrative punishment by production safety supervision and management departments.

    Where administrative penalties stipulated in the article 31st and 30th, 32nd, revoked business licenses of administrative penalties provided for in article, decided by the issuing authority.

    The sixth chapter supplementary articles

37th buying hazardous chemicals for packaging, filling or join a non-hazardous chemical solvents for dilution, and then sold, in accordance with these rules.

Use of long-distance pipeline transportation and management of dangerous chemicals shall be the place of business is located business permits from the issuing authority.
Storage facilities in these measures refers to major hazard identification in accordance with the dangerous chemicals (GB18218), storage number of dangerous chemicals pose a major hazard facilities.

    38th before the implementation of these measures has obtained a business license for enterprises in its operating license to continue to practise in handling dangerous chemicals business; after the expiry date of the license needed to continue with dangerous chemicals, in accordance with the provisions of the measures shall be applied for business licenses.

    Before the implementation of these measures obtained a business license for a non-enterprise units or individuals, during the period of its business license may continue to engage in dangerous chemicals business; after the expiry date of the license needed to continue with dangerous chemicals, should be legally registered as an enterprise, in accordance with the provisions of the measures applied for business licenses.

    39th license to operate uniformly printed by the State administration of work safety. 40th these measures shall come into force on September 1, 2012. Of the former State economic and Trade Commission announced on October 8, 2002 the dangerous chemicals business license regulations repealed simultaneously.