Work safety inspection and administrative law enforcement accountability interim provisions

    (July 25, 2009, State administration of work safety announced as of October 1, 2009, 24th) Chapter I General provisions

    First to promote production safety supervision and management departments, the coal mine safety supervision organization and its administrative law enforcement personnel shall perform their duties, implementation of administrative law enforcement responsibility, safeguard the legitimate rights and interests of citizens, legal persons and other organizations, under the Civil Service Act, the Safety Act, the safety license regulations and other laws and regulations and the relevant provisions of the State Council, these provisions are formulated.

    Second production safety supervision and management departments, the people's Governments above the county level coal mine safety supervision authority (hereinafter security supervisory authority) and its organs, administrative law-enforcement officials to perform safety supervisory duties and implement the administrative law enforcement responsibility, these provisions apply; laws and regulations on administrative law enforcement accountability or under the accountability of party and Government leading cadres, in accordance with its provisions.

    Administrative law enforcement responsibility in these rules refers to the illegal, improper safety supervisory administrative enforcement action (hereinafter referred to as administrative enforcement action), or fails to perform the statutory duties of security supervisory authority and its organs, administrative law-enforcement personnel, implementation of administrative liability (hereinafter referred to as accountability).

    Article III responsibility should be just and fair and the error shall be corrected, punished, correctional services combined with the principle, the facts are clear and irrefutable evidence and qualitative analysis is accurate, appropriate, process and complete the procedures. Article fourth imposed accountability avoidance system.

    And illegal, improper administrative law enforcement responsibility for the conduct or has an interest in, or other special relationship may affect the impartial handling of personnel, implementation of accountability should be avoided.

    Safety supervisory departments avoided decided collectively by the Department head, and avoidance of others determined by the head of Department.

    Chapter II supervision and administration of production safety law enforcement responsibilities

    Fifth people's Governments above the county level production safety supervision and management departments to conduct comprehensive supervision and management of safety within their respective administrative areas, to guide and coordinate and the people's Governments at the corresponding levels of supervision and inspection departments to perform their duties of supervision and administration of production safety of this administrative area there are other administrative departments in charge of production safety supervision and administration of production safety supervision and management of production and operation entity; the lower level people's Governments supervise and inspect the work of production safety.

    Institutions to fulfil the State coal mine safety supervision of coal mine security supervision duties, implementation of the coal mine safety supervision administration, to focus on the coal mine safety supervision and special supervision and regular monitoring by the local people's Governments shall perform supervision and administration of coal mine safety supervision and inspection.

    Sixth security supervisory authority shall, in accordance with the laws, regulations and rules and the people's Government, superior security supervisory authority safety supervisory duties, according to their respective supervisory authority, administrative law-enforcement personnel, supervision of the production and business operation entity status, equipment and funding, the actual situation, establish departmental annual safety regulation or mine safety supervision and law enforcement plan. Security monitoring law enforcement work plan shall be submitted to the people's Governments at the corresponding level for approval and reported to safety regulators at a higher level for the record; on the coal mine safety supervision work plan shall be submitted to level coal mine safety supervision authority for approval before implementation.

    Safety and coal mine safety supervision and law enforcement in planning due to special circumstances require major adjustments or changes, shall be reported to the original unit of approval in time, and in accordance with the approved plans. Safety supervision and administration of coal mine safety supervision work plan should include the monitoring of law enforcement, time, number, key issues, and segregation of duties and so on.

    According to the work safety supervisory needs security supervisory authority in accordance with the security regulations and coal mine safety supervision and law enforcement in scheduling an on-site inspection scheme, on job site safety supervision and inspection.

    Article seventh security supervisory authority shall, in accordance with their respective competencies, in accordance with the laws, rules, regulations and national standards or industrial standard specifies safety requirements and procedures, and perform the following duties of administrative licensing:

    (A) the mine construction project and for production and storage of hazardous substances safety facilities of construction project design review, completion and acceptance;

    (B) mines, dangerous chemicals and Fireworks production enterprise of safety production license;

    (C) the operating permit for hazardous chemicals;

    (D) non-drug precursor chemicals production, business license;

    (E) the Fireworks business (wholesale, retail) licensing;

    (F) mining, dangerous chemicals and Fireworks production and business operation entity in charge, production safety management operators qualification and special operations personnel (except for special equipment operator) operation qualification;

    (VII) coal mine product safety certification mark recognition of qualifications;

    (H) the mine rescue team qualification;

    (I) the safety testing, safety evaluation agency recognized qualification;

    (J) security training body qualification recognition;

    (11) the workplaces where toxic substances are used to the occupational health and safety licensing;

    (12) the registration Assistant safety engineer, registered safety engineer qualification examination and registration;

    (13) laws, administrative regulations and other administrative permission set by the State Council. Administrative license applicant is responsible for the authenticity of the substance of the application materials. Safety regulation supervision departments comply with the statutory conditions of the application, it shall be admissible, and make a decision on whether or not the administrative licensing decision.

    In accordance with the statutory conditions and procedures, need to verify the substance of the application materials, the verification of administrative law enforcement personnel shall be assigned two or more. For failing to obtain administrative permission or acceptance of unauthorized production and business operation entities engaged in related activities, the security supervisory authority discovered or upon receipt of the report, under the sectoral responsibilities of administrative permission, it shall promptly investigate and punish; covered by other departmental administrative licensing mandate, shall be transferred to the related Department in time.

    Has legally obtained the administrative licensing in this sector of production and business operation entity and found that it no longer meets the conditions for safe production and safety supervisory departments shall suspend or revoke the certificate of administrative license.

    Safety supervisory authority shall, in accordance with article eighth annual safety and coal mine safety supervision and law enforcement, an on-site inspection scheme, whether the production and business operation entities with relevant laws, regulations, rules and national or industrial standards of safety conditions of supervision and inspection, focused supervision and inspection of the following considerations:

    (A) situation regarding safety administrative license obtained according to law;

    (B) prevention and control of occupational hazards in the work environment;

    (C) the establishment and implementation of the responsibility system for production safety, safety rules and regulations, operating rules of order;

    (D) in accordance with the provisions of the State safety production risk and production costs, mortgage payments, as well as other production inputs;

    (E) set up safety management agencies and administration of production safety;

    (Vi) safety education, training of employees, obtain the relevant security certificates;

    (G) the safety of new construction, renovation or expansion projects facilities simultaneously with the principal part of the project designed, built and put into production and use, and design review and acceptance in accordance with the provisions;

    (H) have greater risk factors of production premises and related facilities, equipment, safety warning flag is set;

    (I) the maintenance of security equipment and facilities, maintenance, periodic examination;

    (10) major dangerous source registration document, regular testing, evaluation, monitoring and contingency plans;

    (11) education in China and urged strict implementation of the safety regulations and safety procedures, and practitioners informed of workplaces and jobs risk factors, preventive measures and emergency measures;

    (12) providing employees with the State standards or industrial standard labor protection articles, and supervise, educate employees in accordance with the rules on the proper wear and use;

    (13) in the same job for production and business activities in the region, likely to endanger the safety of produce, safety management agreements with the other, defining their management and production safety shall take security measures, security checks and coordination and assign full-time safety Manager;

    (14) the safety work of the contractor or lessee unified coordination and management;

    (15) to organize safety checks, screening, control of production safety accidents in a timely manner;

    (16) to develop, implement production safety accident emergency plan and contingency plan for the record;

    (17) the manufacture, operation, storage of dangerous goods and the mining enterprise of establishing emergency rescue organizations or part-time emergency rescue rescue team, signed the agreement, as well as emergency rescue equipment, equipment, maintenance and repair of equipment;

    (18) reporting production safety accidents in accordance with the provisions;

    (19) other conditions of supervision and inspection according to law.

    Nineth security supervisory authority in the supervision and inspection, and found safety violations or accidents in production and business operation entities, it shall take the following measures:

    (A) be corrected on the spot;

    (B) a rectification, ordered to meet requirements;

    (C) shall be ordered to immediately stop operations (construction), is ordered to immediately cease use and shall be ordered to immediately rule out hidden dangers of accidents;

    (D) to order the withdrawal of workers from hazardous area;

    (E) shall be ordered to suspend production temporarily, stop construction, stop or discontinue use;
(F) other measures should be taken according to law.

    Tenth article was ordered deadline corrected, and deadline reached requirements, and temporarily discontinued closed, and stop construction, and stop construction or stop using of production business units proposed review application or rectification, and governance deadline expires of, security regulatory monitored sector should since received application or deadline expires of day up 10th within for review, and fill in review submissions, by was review units and security regulatory monitored sector review personnel signature Hou archive. Coal mine safety supervision in accordance with the relevant provisions will review the work transferred to the local people's Governments at or above the county level are responsible for coal mine safety supervision and management departments should be timely and appropriate enforcement instrument CC and the record in the sector.

    Local people's Governments at or above the county level are responsible for coal mine safety supervision and management departments should receive coal mining applications or within 10th of the expiry review and fill out the review submissions are archived after review and review of coal mine workers was signed, copied to the transfer and review submissions in time review of coal mine safety supervision organization.

    Overdue reform, governance or rectification, substandard production and business operation entity governance, safety supervision and management departments should be given administrative punishments according to law, and drew attention to the local people's Governments at or above the county level in accordance with the permission decided to close.

    11th Security supervisory authority in the supervision and inspection, identified a safety in production and business operation entities illegal, illegal acts, shall have the right to take the following administrative compulsory measures:

    (A) there are grounds to believe that does not meet the safety standards or industry standards in facilities, equipment, equipment used, be sealed up or seized, and should be made in sealing up, distraining decides to date make a decision according to law in the 15th;

    (B) seizure of evidentiary material and related items, the provisional seizure-related sites;

    (C) the laws, regulations and other administrative enforcement measures. Implementation of attachment, arrest, shall be issued on the spot attachment, attachment of decision and is sealed up or seized property lists.

    In inaccessible areas, or sealing up, distraining may affect cases in a timely manner, or accident may result in a production safety accident, sealing up, distraining may be implemented, and within 48 hours for a replacement seal up, distrain decision served on the parties concerned.

    12th security supervisory authority in the supervision and inspection, find security problems in production and business operation entities involving the relevant local people's Government or the relevant Department shall promptly report to the relevant local people's Government or the relevant authorities.

    13th security supervisory authority should be strictly in accordance with the laws, regulations and rules of behavior, types of administrative punishments, and procedures, in accordance with their jurisdiction, found in the supervision and inspection of the production and business operation entity and the safety of the persons concerned illegal, illegal imposition of administrative penalty.

    To expire does not pay the fine, safety supervisory departments to 3% Add a fine in amount of the daily penalty.

    Production and business operation entity has refused to implement the security administrative punishment decision of the supervisory authority, safety supervisory departments make administrative punishment decision may apply to a court for mandatory enforcement according to law; refusing to execute the decision may lead to a production safety accident shall promptly report to the relevant local people's Government or the relevant authorities. 14th safety regulation supervision sector production and business operation entities and their employees to deal with measures, compulsory administrative measures and administrative penalties administrative enforcement actions on decisions, should fully hear the statements of the parties, to plead, on its facts, reason and evidence, should be reviewed.

    Establishment of the facts, reasons and evidence submitted by the parties, should be adopted.

    Safety Inspection Department gate to the production and business operation entities and their employees to deal with measures, compulsory administrative measures and administrative penalty decision when administrative enforcement action, it shall make the relevant legal instruments, and in accordance with the requirements of the parties.

    15th security supervisory authority shall perform the following production safety accident reports and investigations Description:

    (A) establish a duty system, and announced to the public duty calls, receive accident reports and reporting;

    (B) in accordance with the statutory time limit, the contents and procedures of escalation and remedy the accident;

    (C) after receipt of the incident report, who rushed to the scene of the accident in accordance with regulations, organizations or to guide and coordinate the rescue;

    (D) organize or participate in the investigation and handling of accidents according to regulations;

    (E) units for the accidents the implementation of accident prevention and corrective measures for supervision and inspection;

    (F) the responsibility for the accident and relevant persons according to law enforcing an administrative penalty;

    (VII) shall carry out other duties in accordance with law. 16th safety supervisory departments shall receive, investigate and deal with statutory duties to report matters within the scope of this Department, and the formation of written material. Whistle-blower investigation and treatment should be answered, but the name of the source, name and address all of the exception.

    Not part of the mandate of the Department to report matters, it shall be registered and inform the informants submitted to the authority.

    Article 17th safety supervisory departments shall accept an application for administrative reconsideration, administrative reconsideration cases and make a settlement or decision.

    Chapter III scope of responsibility and accountability

    18th security supervisory authority and its organs, administrative law enforcement personnel to meet the requirements specified in chapter II of the administrative law enforcement duties, of any of the following acts of illegal or improper, resulting in administrative enforcement of law is revoked, the changes, confirm illegal, or being ordered to perform their statutory duties, bear administrative liability shall be implementing accountability:

    (A) the above the law and abuse of legal authority;

    (B) main facts are not clear and the evidence is insufficient;

    (C) the applicable based on the error;

    (D) the obvious inappropriateness of administrative discretion;

    (E) violation of legal procedures;

    (Vi) not in accordance with the safety regulation or mine safety supervision and law enforcement of the year plan, to perform the statutory duties of the on-site inspection programme;

    (VII) any other illegal or inappropriate situations.

    Administrative enforcement actions referred to in the preceding paragraph is revoked, changes, confirm that illegal, or being ordered to perform their statutory duties, bear administrative liability, refers to the administrative enforcement of court judgment or ruling in force, or an administrative reconsideration organs of authority, such as a decision to revoke or alter, identify illegal or is ordered to perform their statutory duties, bear administrative liability cases.

    19th under any of the following circumstances, the security supervisory authority and its organs, administrative law enforcement personnel shall not be liable:

    (A) for production and business operation entities, agencies and other administrative relative person's behavior, causing security supervisory authority and its organs, administrative law enforcement personnel have been unable to make the right of executive action;

    (B) concerned according to the provisions of administrative law enforcement, resulting in administrative enforcement of applicable laws, regulations and rules of conduct based on improper;

    (C) due to unforeseeable, unavoidable and insurmountable force majeure acts of administrative enforcement of illegal, improper or failing to perform their statutory duties;

    (D) illegal or improper acts of administrative enforcement minor and correct, caused no adverse effects or consequences to be eliminated in a timely manner;

    (E) in accordance with the approved, record security supervision or the coal mine safety supervision and law enforcement programs, on-site inspection programmes and the provisions of laws, regulations and rules, procedures already carry out supervision of production safety;

    (Vi) found illegal, violations of work safety and accidents have been investigated in accordance with law, for production and business operation entities in China and its refusal to implement work safety monitor instruction leading to the production of security incidents;

    (G) the production and business operation entities illicit production or order to suspend clean up still do not meet the safety requirements, the security supervisory authority has been brought to the local people's Government at or above the county level banned or shut down;

    (VIII) the production and business operation entity of refusing to execute the decision on administrative penalty, safety supervisory departments have apply to a court for mandatory enforcement according to law;

    (I) safety supervisory departments has been presented to the local people's Governments at or above the county level shall strengthen and improve supervision and administration of production safety recommendations;

    (10) other circumstances shall not assume responsibility.

    Article 20th contractors directly to illegal or improper acts of administrative enforcement, contractors shall assume the responsibilities.

    Article 21st security supervisory authority shall be subject to review and approval of administrative enforcement action, in accordance with distinction and assume responsibility for the following circumstances:

    (A) the sponsor without the reviewer and approver approval arbitrarily taken administrative enforcement actions, or not according to the contents of the review, approval, implementation, administrative enforcement of illegal or improper, the undertaker shall assume the responsibilities;

    (B) contractors in fraud, deception, or the undertaker views of errors, the reviewer and approver is not found or is not corrected after it was discovered, resulting in administrative enforcement of illegal or improper, Undertaker who bear the primary responsibility, reviewer, approver bear secondary responsibility;

    (C) the reviewer to change or not to adopt correct views of the undertaker, approving ratification of the audit opinion, resulting in administrative enforcement of illegal or improper, borne by the audit principal responsibility, approved by bear secondary liability;

    (D) the reviewer was not submitted for approval approval without a decision, resulting in administrative enforcement of illegal or improper, borne by the auditing responsibilities;

    (E) the reviewer fraud, favoritism and approved by making bad decisions, reviewer shall assume the responsibilities;

    (F) approve the change or not adopt correct views of the undertaker, audit, administrative enforcement of illegal or improper, borne by the approval of responsibility;

    (VII) without the contractor's action and the reviewer approved direct administrative law enforcement of illegal or inappropriate behavior, by approved persons responsible.

    22nd due to assign security supervisory authority does not have the qualification of administrative enforcement unit or law enforcement personnel, resulting in administrative enforcement of illegal or improper, assigned by heads of departments and their responsibilities.
Article 23rd safety supervisory departments collectively decided, resulting in administrative enforcement of illegal or improper, principals should bear the primary responsibility, take part in the decision of the other heads of each Party shall bear corresponding responsibility.

    Safety supervisory departments changing collective decisions, administrative enforcement of illegal or improper, all liability of the head.

    Article 24th more administrative law enforcement personnel to make illegal or improper acts of administrative enforcement, by the organizers bear the primary responsibility, others bear secondary responsibility cannot differentiate between primary, secondary, responsible person, shared responsibility.

    Security supervisory authority organs alone, resulting in administrative enforcement of illegal or improper, all liability of the Agency; two or more internal institutions jointly determine, resulting in administrative enforcement of illegal or improper by the relevant internal institutions share the responsibility.

    25th as safety supervisory sector's administrative law enforcement organs checked, respectively, in accordance with the distinction and assume responsibility for the following circumstances:

    (A) provided by the organizers on facts and evidences are untrue, inaccurate or incomplete, sign agency through a review to the correct opinion but no, resulting in administrative enforcement of illegal or improper, the organizers bear the primary responsibility, countersigned bear secondary responsibility;

    (B) the organisers did not adopt sign cited opinions, administrative enforcement of illegal or improper, the organizer shall assume the responsibilities.

    26th due to superior security supervisory authority instructions, approvals, resulting in administrative enforcement of illegal or improper, by instructions, approved by the superior security supervisory authority responsible.

    For instructions, reporting units concealing facts or facts and other reasons is not provided complete, superior safety supervisory departments make the wrong instructions, approvals, for instructions, reporting units shall assume the responsibilities.

    27th child safety supervisory authorities think that parent's decisions or orders with errors, correction, cancellation of the decision or order to the superior; superior does not change the decision or order, or require immediate implementation, lower safety supervisory departments should implement the decision or order, its improper or illegal responsibility borne by the superior safety supervisory departments.

    28th superior safety supervisory departments changed, withdrawn child safety supervisory units of administrative enforcement actions, resulting in administrative enforcement of illegal or inappropriate, by the higher security supervisory authority and its relevant organs, administrative law enforcement in accordance with the provisions of this chapter shall bear corresponding responsibility.

    Article 29th security supervisory authority and its organs, administrative law enforcement personnel not to perform the statutory duties shall be in accordance with their respective responsibilities, in accordance with the provisions of this chapter identify and take responsibility.

    Fourth chapter of accountability and the applicable

    Article 30th safety responsibility of supervisory authority and its organs, including the following:

    (A) a rectification;

    (B) notice of criticism;

    (C) Cancel when selecting the best evaluation of qualifications;

    (D) the provisions of laws, regulations and rules in other ways.

    Responsibility for administrative law enforcement personnel include the following:

    (A) education;

    (B) post training;

    (C) Cancel when selecting the best evaluation of qualifications;

    (D) to suspend administrative documents;

    (V) away from law enforcement jobs;

    (F) the provisions of laws, regulations and rules in other ways.

    Responsibilities under the first and second paragraphs of this article way, either alone or jointly.

    31st security supervisory authority and its organs, administrative law-enforcement officials when implementing accountability should be based on the illegal or improper acts of administrative enforcement facts, nature, circumstances and the degree of harm to the society, in accordance with relevant provisions of this decision.

    Article 32nd illegal or improper acts of administrative enforcement of minor, and less harmful to security supervisory authority a rectification, given criticism or leave to administrative law enforcement training and Cancel when selecting the best assessment qualification.

    Illegal or improper acts of administrative enforcement, less weight, more harm to security supervisory authority a rectification, criticized, and Cancel when selecting the best assessment qualifications; on administrative law enforcement officers be removed from posts or suspended certificate of administrative law enforcement and Cancel when selecting the best assessment qualification.

    Article 33rd security supervisory authority and its annual administrative enforcement evaluation organs which has been determined to be qualified, a rectification, and criticized, Cancel when selecting the best assessment of qualifications.

    Administrative law enforcement personnel in the annual administrative enforcement evaluation was determined to be incompetent, post training, temporary suspension of administrative law enforcement documents and Cancel when selecting the best assessment qualification.

    Article 34th was within one year may apply for administrative reconsideration or administrative proceedings in administrative enforcement of law, revocation, modification, confirm illegal accounted for more than 20% (including the number, the same below), shall order the relevant safety supervisory departments rectify, and Cancel when selecting the best assessment qualification.

    Administrative liability 35th security supervisory authority shall, in accordance with the law on State compensation provisions of 14th, ordered to have the willful misconduct or gross negligence of administrative law enforcement personnel to take all or part of the administrative cost of compensation.

    Article 36th on the implementation of administrative law enforcement of illegal or improper acts, or fails to perform the statutory duties of administrative law enforcement personnel, in accordance with the Civil Service Act, regulations on the punishment of civil servants of administrative organs and other provisions should be given administrative sanctions or dismissed, in accordance with its provisions.

    37th administrative acts of administrative enforcement of law enforcement personnel suspected of a crime, and handed over to judicial organs for handling.

    38th under any of the following circumstances may be given a lighter or mitigated liability:

    (A) in violation of the provisions of responsibilities under the 11th to 14th, has not caused serious consequences;

    (B) take measures, effectively avoiding loss or irreversible effects;

    (C) cooperate with the responsibility and take responsibility;

    (D) other circumstances as may be given by law.

    39th under any of the following circumstances, it shall be given a heavier responsibility:

    (A) due to illegal or improper acts or fails to perform the statutory duties of administrative law enforcement, severely compromise the reputation of the State, or a bad social impact, or cause heavy losses of public property and the interests of countries and peoples;

    (B) abuse of power, negligence, malpractice, resulting in administrative enforcement of illegal or improper;

    (C) fraud, cover-up, interfere with, hinder accountability;

    (Iv) prosecutors, complainants, petitioners and implementation of accountability for personnel strike, retaliation, framed;

    (V) appear more than twice within a year should be held responsible;

    (Vi) other circumstances shall be given a heavier responsibility according to law.

    The fifth chapter accountability of authorities and procedures

    40th head of the work safety supervision and management departments and their responsibilities, in accordance with the management of permissions, by its superior production safety supervision and management departments or administrative supervision organs for the people's Governments at the corresponding level; responsibility for their own internal institutions and other law enforcement personnel, work safety supervision and management departments to hold.

    Owner of the coal mine safety supervision organization and its responsibilities, in accordance with the management of permissions, by its superior mine safety supervision agency held accountable; responsibility for their own internal institutions and the administrative law enforcement personnel, the coal mine safety supervision organization investigate.

    Accountability for the 41st security supervisory authority, in accordance with the following procedures shall be followed:

    (A) the bodies responsible for legal work from administrative enforcement Act has been determined illegal, improper date 15th, will inform the interested party in writing of this Department is responsible for the administrative supervision of the institutions;

    (B) is responsible for the administrative supervision of the institutions receiving the Office of Legislative Affairs informed or directly to the relevant administrative law enforcement is illegal and inappropriate to report within 60 days from the date of investigation to verify the situation, make recommendations for accountability, the Department leadership decided collectively;

    (C) bodies responsible for personnel accountability decisions within 15th days of the implementation of decisions.

    Laws and regulations on accountability procedures otherwise provided, in accordance with its provisions. 42nd security supervisory authority to implement accountability shall make a written decision of the administrative law enforcement responsibility.

    The written decision of administrative law enforcement responsibility, drawn up by the bodies responsible for the administrative supervision, security supervisory authority to make a decision. The written decision of administrative law enforcement accountability should specify the fact that responsibility, according to, ratification, entry into force and the way time, such as complaints of the parties and the Agency.

    Post training and withhold documents of administrative enforcement and shall clearly state the duration of training and temporarily. Article 43rd security supervisory authority before liability decision is made, is responsible for the administrative supervision of the institution shall be held responsible for the facts, reasons and according to inform the parties and hear their statements and representations.

    On the reasonable views, should be adopted. The written decision of administrative law enforcement accountability should be sent to the parties, and the party organization and internal bodies.

    Liability decision, decision of safety supervisory departments shall send representatives to talk with his client, do ideological work, and urge them to do work such as follow-up. Party accountability does not accept the decision, may apply in accordance with the provisions of the Civil Service Act for review and appeal.

    While his complaint, did not stop accountability for implementation of decisions. 44th on the liability of the parties should be considered as its appraisal, reward and punishment, appointment and dismissal of important evidence.

    Safety supervision watchdog body in charge of personnel accountability related material should be credited to the client profile.

    The sixth chapter supplementary articles
Article 45th alleged unlawful acts against the safety of these provisions, refers to citizens, legal persons or other organizations have not made safety supervisory departments of administrative license according to law, engaged in production and business activities without authorization, or the administrative license had lapsed, continued to engage in production and business activities.

    Safety violations in these rules refers to citizens, legal persons or other organizations in breach of the relevant safety laws and regulations, the provisions of regulations, national standards, industry standards, and engage in production and business activities.

    Illegal administrative enforcement action in these rules refers to violations of laws, rules and regulations of responsibilities, procedures by specific administrative actions.

    Improper administrative enforcement action in these rules refers to violation of objective, proportionate and fair, just and reasonable application of general principles of law, such as specific administrative acts.

    46th lawfully authorized or entrusted administration of production safety unit and the administrative law enforcement accountability reference to these provisions. 47th article of the regulations come into force on October 1, 2009. Provincial, autonomous regional and municipal people's congresses and their standing committees or the provinces, autonomous regions and municipalities to the local production safety supervision and management departments and organs, administrative liability as otherwise provided by law enforcement officials, in accordance with its provisions.