(August 16, 2006, the Ministry of Commerce released 2006 15th come into force on October 1, 2006) Chapter I General provisions article in order to strengthen the safe production management of complete foreign aid projects, guaranteed care technicians and personnel safety of life and property security and foreign aid projects, according to relevant laws and administrative rules and regulations, these measures are formulated.
Article complete foreign aid project investigation, design, construction and supervision of work safety supervision and management, application of this approach.
This approach by said foreign assistance sets project (following referred to care engineering), is refers to in China Government to recipient Party Government provides of free assistance, and an interest-free loan, and cheap loan and the other financial assistance funds items Xia, by China Government selected implementation Enterprise for survey, and design, provides construction mechanical and equipment material and sent engineering technicians, in recipient party territory bear or guide construction, and installation and try production full process or which part stage of various project.
Article III safety management of foreign aid projects should adhere to the "safety first, prevention first" approach.
The fourth Ministry of Commerce is responsible for foreign aid projects and supervising the implementation of the safety system.
Article fifth foreign aid project implementation tasks of investigation and design enterprises, design, supervision and construction supervision, construction enterprises company (collectively referred to as the foreign aid projects enterprise) must comply with these measures the provisions of and the recipient of the local work safety laws and regulations to ensure foreign aid project, assume safety responsibility for care, illegal subcontracting and not subcontract foreign aid projects.
By the Ministry of Commerce agreed to subcontract foreign aid project implementation business and company safety bear joint and several liability of the subcontract works.
Chapter II security responsibility of investigation and design enterprises sixth foreign aid projects in investigation and design enterprises shall, in accordance with the relevant State Engineering laws, administrative regulations and mandatory standards for foreign aid engineering investigations, engineering investigation files should provide true, accurate, and meet the needs of work safety of the foreign aid projects.
Engineering investigation and design enterprises in prospecting for foreign aid, and shall strictly observe the investigation work procedures, take steps to ensure that all types of pipelines, facilities and safety of surrounding buildings and structures.
Seventh foreign aid in engineering investigation and design enterprises in foreign aid engineering design should be based on intergovernmental project agreements, investigation files, and foreign aid engineering design contract engineering, subject to special terms with the recipient, a strict implementation of the relevant construction projects of the State laws, administrative regulations, design standards and mandatory standards, prevention of production safety accidents due to improper design.
For concealed works of major foreign aid projects, the main structure and other key parts and structural design of special structural aid works, foreign aid model of engineering investigation and design Enterprise shall carry out safety tests.
For maintenance, renovation and expansion projects (including demolition), foreign aid engineering design enterprise must have the original building or structure the structure safety identify files.
Foreign aid engineering design and introduction of new technologies, new processes, new materials, foreign aid engineering design enterprise must ensure that technology, reliability and safety of the technology and materials, and put forward proposals to protect construction workers in the design of safety and production safety accident prevention measures.
Foreign aid will be the eighth engineering investigation and design enterprises in foreign aid engineering design or construction design must prepare safety article in the notes.
Security designed article should including following content: (a) construction site adjacent buildings, and structures, and underground pipeline and facilities of security protection measures; (ii) security construction by needed protection supplies and appliances, and construction mechanical and machines, and fire facilities and devices, and by needed reached of specific technology requirements; (three) risk larger of points part items engineering and the construction site easy occurred production security accident of parts and link of security technology measures.
Chapter design supervision enterprise security Nineth care supervision of engineering project management enterprise and its delegated engineering survey personnel should be based on relevant laws, administrative regulations and mandatory standards, care of engineering investigation and design enterprise engineering investigation files submitted for review, confirm whether it meet the needs of work safety of the foreign aid projects.
Without review or pass the review investigation files may not be used as design basis for foreign aid.
Assigned by the tenth foreign aid engineering supervision enterprises and their supervisors should be based on the relevant construction projects of the State laws, administrative regulations, design standards and mandatory standards, through a phased design review process and monitor the security of foreign aid will be strictly controlled engineering documents and design quality.
11th in the phases in the design review process, delegation to aid engineering design project management enterprises and their supervisors on safety review of the engineering documents for foreign aid. Special safety review should include the following main elements: (a) review the security design.
For model security tests have been carried out, should be reviewed to confirm safety test results; on structure design of unreliable or no safety tests of the model by Convention, model security tests should be required to add and review confirmed that the security test results for repair, renovation and expansion projects (including demolition), must carry out the structural safety of buildings or structures identify file review confirmed that program.
(B) review the professionally designed content compliance with mandatory standard of engineering construction project.
(C) review of technical measures for safety for dangerous parts project reliability and validity. Article 12th preliminary design of two-stage design and construction design of the foreign aid projects, foreign aid engineering supervision enterprise safety review at the preliminary design review stage.
Without a special safety review or fail to pass the safety review preliminary design shall not be transferred to the construction design. After the drawing is completed, aid in construction engineering supervision enterprises should review stage to review the safety review.
Without review or review the unqualified construction drawing design documents may not be used for foreign aid projects. Article 13th step construction design of foreign aid projects, aid in construction engineering supervision enterprises should conduct a safety review after the design is complete.
Without a special safety review or special safety review of substandard construction design documentation shall not be used for foreign aid projects.
Article 14th implementing design supervision system to aid projects that the agent will undertake a phased design consulting mission consulting enterprises in the light of the provisions of this chapter for special safety review of engineering investigation and design documents for foreign aid, and should be in accordance with this regulation to assume security responsibilities.
The fourth chapter of the safety responsibility of construction Enterprise 15th by the Ministry of Commerce according to the construction of complete foreign aid projects to implement measures for the qualification accreditation of enterprises identified access to aid construction enterprise of the enterprise, must be within the scope of their qualifications permit the foreign aid project construction work, with the necessary professional and technical personnel and technical equipment, establish safety regulations and procedures, organization of safety education and training, and ensure the safety of foreign aid projects.
16th engineering construction enterprise safety in production responsibility system should be established for foreign aid, the safety of the legal representative of the foreign aid projects should be fully responsible for.
Assigned by the foreign aid engineering construction Enterprise construction project manager of technology group leader must have the appropriate level of qualification, and responsible for the construction site safety in foreign aid.
17th foreign aid engineering construction enterprise should set up safety management in construction technology group institutions, set up a technology group leader as head of the construction safety leadership group, develop safety regulations, procedures and safety accident emergency rescue plan, has overall responsibility for site safety and construction. 18th construction technology in the group must have at least 1 safety officer.
Total number of construction technology of group 15 (inclusive), can be equipped with a part-time security officer; set at 15 per cent of the total number of construction technology, must be equipped with a full-time safety officer. Safety coordinators have the following responsibilities: (a) monitor the implementation of safety rules and regulations, (ii) implementation of production safety accident emergency rescue plans and (iii) organizing safety training; (iv) manage and direct use of safety equipment (v) setting up and managing the construction site safety warning signs and fire signs (vi) regular and special security checks.
If the conduct found to have breached safety rules and regulations, should be discouraged or corrected, and report immediately to the construction technology group leader, take appropriate corrective action, and make safety inspection records.
Total posts before accepting foreign aid management system and implementation of the national standard of occupational health and safety management system training.
19th engineering construction enterprise must care for foreign aid under the direction of project construction organization plan, strictly according to the relevant construction projects of the State laws, administrative regulations, and code for construction and acceptance of mandatory standards for construction.
20th article in construction organization design in the, care engineering construction enterprise and construction technology group must according to engineering features, prepared construction site temporary electricity programme; for following risk larger of points part items engineering and construction site easy occurred production security accident of parts, and link, must in construction Qian prepared special security construction programme and attached with security checking results, necessary Shi, care engineering construction enterprise should Organization experts for argument and review: (a) pit support nursing and precipitation Engineering; (ii) earthwork excavation engineering;
(C) the template works; (iv) lifting project; (e) scaffolding Engineering (vi) removal, blasting, and (VII) other dangerous special projects. This temporary power schemes and special safety programmes must be approved by the construction technology group leader upon their construction supervisor for approval. Without the approval of temporary power supply programme and special safety construction plan shall not be used for foreign aid projects.
21st article care engineering construction enterprise and construction technology group must in construction Qian organization security construction technology low-down, to job personnel detailed description security construction of technology requirements, and itself for good technology low-down records; on risk larger of points part items engineering and construction site easy occurred production security accident of parts, and link, must with design representative and construction supervision personnel for security construction technology low-down, and will about matters common remember into technology low-down summary of. 22nd-aid construction technique of engineering construction enterprises group special operations personnel qualification management system must be established.
Construction technique of construction enterprises group to rigorously examine the construction site vertical transportation machinery operation, installation and removal work, blasting, lifting signal assignments and ascended to set up operations and other special operations personnel for special operations qualifications established special operations personnel management.
Construction supervisor of special operations personnel shall be subject to verification of their technical qualifications before the operation. 23rd construction technique of engineering construction enterprises for foreign aid groups it is necessary to enter the construction site vertical transportation machinery, lifting appliances and jackup erection facility special equipment, such as the establishment of special management regime: (a) the purchase or rental of special equipment must be commissioned a qualified inspection agencies to carry out safety inspection or inspection and issue an inspection certificate. Test detection qualified proved should in special job equipment into construction site Shi submitted construction supervision personnel audit filed by; (ii) special job equipment installation debugging finished Hou, must drew attention to the construction supervision personnel acceptance qualified rear can delivered using, and will acceptance qualified logo placed or attached Yu the equipment of significantly location; (three) engineering construction period within, special job equipment must set hand management, regularly for check and maintenance maintenance and established maintenance management archives; (four) special job equipment acceptance qualified due Hou needed continues to using of,
Construction supervisors should be provided the equipment operation, maintenance and repair records for additional inspection, supplemented by the supervisors of construction can be used after the acceptance. 24th article care engineering construction enterprise and construction technology group should on site job personnel take following safety protection measures: (a) developed and implementation dangerous job post of operation; (ii) on site job personnel regularly for safety education and training; (three) according to national mandatory standard and project design file of special requirements procurement, and rental and using by has production qualification of manufacturers production and has products certificate of security protection appliances supplies, and construction mechanical and machines, And in into construction site Qian for necessary of check Hou delivered using; (four) hand management security protection appliances, established security protection appliances issued Taiwan account; (five) established construction mechanical and machines of check, and maintenance, and maintenance responsibility system, clear specifically management responsibility people; (six) in construction site entrance, access channel mouth, construction lifting mechanical, and temporary electricity facilities, and scaffolding, and blasting real and the harmful dangerous gas store at, dangerous parts, set obviously of security warning logo.
Subject to special terms with the recipient, a safety warning signs you must use both Chinese and recipients of official languages and comply with standards of China and recipient.
25th-aid construction technique of engineering construction Enterprise Group construction site fire prevention safety responsibility system must be established, clear fire safety responsibilities, and make use of fire, electricity and use of flammable and explosive materials in fire safety management systems and procedures. Construction technique of engineering construction enterprises for foreign aid groups must be at the construction site work area, Office area and living area set up fire exits, fire water, equipped with fire-fighting equipment and fire-fighting equipment, and set the fire safety sign at the entrance to the regional.
Subject to special agreement and recipient, fire safety signs must use both Chinese and recipients of official languages and comply with standards of China and recipient.
Construction technique of engineering construction enterprises for foreign aid groups must be regular and special fire safety inspections, fire safety inspection records. Article 26th aid construction technique of engineering construction enterprises group must be reasonable according to the security location and temporary production and living facilities.
Construction site offices, living quarters and work areas must be separated from set up and keep a safe distance from; is prohibited in buildings not yet completed as dormitory; field of food, drinking water, rest area, shall conform to the hygienic standards; the construction site using prefabricated mobile homes must have product certification.
27th construction technique of engineering construction enterprises for foreign aid groups must have aid projects and strictly abide by the State in the management of occupational health and safety management system standard, the development and implementation of occupational health and safety assurance program, continuing for occupational health and safety hazard identification, risk assessment and risk control measures, and consciously accept the Department of Commerce standards on the process of monitoring, audit and supervision.
Fifth chapter safety responsibility of construction supervision Enterprise 28th-aid construction supervision enterprises must comply with relevant construction projects of the State laws, administrative regulations and mandatory standards, perform construction supervision duties to oversee foreign aid engineering construction enterprises to strengthen safety management, the implementation of safety measures, standardize the production order. Construction supervision of enterprises in the process of implementing supervision in foreign aid, found that there are safety risks, should be required to aid engineering construction enterprise reform; in severe cases, foreign aid engineering construction enterprise should be required to suspend and report to the Ministry of Commerce.
Aid refused to reform or not to stop the construction of construction enterprises, construction supervision Enterprise shall promptly report to the Commerce Department.
Article 29th-aid construction project management enterprises should be based on the design documents and construction supervision on construction and acceptance specification for the preparation and implementation of the commitments.
The outline of the construction supervision of special preparation of the foreign aid project safety plan, dangerous part of project construction site production safety accident-prone sites and key proposals, formulating safety prevention and controlling measures in advance.
30th foreign aid project construction supervision and construction supervision of assigned staff required procedures to monitor foreign aid engineering construction Enterprise establishment, modification, approval and implementation of the provisions of the construction organization design, submit to the rigorous review of the foreign aid project of the electricity programme and special safety construction plan.
31st foreign aid project construction supervision and construction supervision for construction supervision of assigned staff to strictly abide by the norms for the dangerous parts of engineering and construction production safety accident-prone sites and link the implementation of site supervision, find security accidents and timely guidance to correct.
32nd foreign aid project construction supervision and construction supervision of assigned staff strict examination to enter the construction site vertical transportation machinery, hoisting, installation and removal operations, blasting operation signal operating and ascended to set up operations and other special operations personnel of special operations qualifications, supervision and implementation of special operations personnel qualification management system in construction enterprises.
33rd foreign aid project construction supervision and construction supervision of delegated officers must be approved to enter the construction site vertical transportation machinery, lifting appliances and jackup erected facilities of special equipment inspection certificates, prior to its formal use check and supervision and carry out special operations equipment management system in construction enterprises.
Article 34th-aid engineering construction supervision and construction supervision of delegated staff should regularly on the construction site safety measures and conduct special inspections on fire safety measures, to check the records. Sixth chapter of personal accident insurance aid project implementation must be in accordance with the relevant provisions of article 35th for assignments to take care of the enterprise engineering task of Chinese personnel for personal accident insurance.
Insurance costs borne by the foreign aid project enterprise. 36th foreign aid project Enterprise shall provide to the companies and to enter the construction site recipients engineers and technicians engaged in hazardous jobs for personal accident insurance.
Accident insurance and insurance conditions shall be determined in accordance with recipient-related laws and regulations, the cost borne by the foreign aid project enterprise.
Seventh safety supervision entrusted by Ministry of Commerce of the 37th article of chapter review unit with appropriate qualifications to aid project interim quality check and when it is completed, special assessment should be carried out on the situation of work safety of the foreign aid projects. (A) in care engineering implementation process in the occurred had this approach provides of general production security accident of, production security accident by involved single engineering shall not evaluation for "excellent" grade; (ii) in care engineering implementation process in the occurred general production security accident cumulative reached 2 up (containing) above of, the care engineering completed acceptance shall not evaluation for "excellent" grade; (three) in care engineering implementation process in the occurred had this approach provides of major (containing) above grade production security accident of,
Production safety accidents involved single project shall not be classified as "excellent" rating, the foreign aid works final acceptance shall not be classified as "excellent" rating.
Article 38th major foreign aid projects, the Ministry of Commerce should be represented, including expert supervision and inspection of construction enterprises, survey and design enterprise and construction supervision of enterprises and agencies carry out management of production safety supervision and inspection on site.
If necessary, key projects and other sensitive items, the Commerce Department can be combined with other work safety supervision and inspection the inspection unit of the project.
Supervision Inspection Unit right to take following measures: (a) access was check units about safety of all file information; (ii) into construction site check all of production, and life places and facilities; (three) corrected site violation safety requirements of the behavior; (four) ordered excluded site security accident hidden; in security accident hidden excluded Qian or excluded process in the cannot guarantee security of, ordered suspended construction and temporary evacuation job personnel. Eighth chapter production safety accident investigation and handling of the 39th according to aid construction site deaths and property losses, foreign aid projects a production safety accident divided into the following 4 categories: (a) General production safety accident death 2 (inclusive), or property damage of 100,000 RMB (or more), 300,000 yuan (inclusive);
(Ii) major production security accident refers to death 3 to 9 people, or property loss in 300,000 Yuan Yuan above, and 1 million Yuan Yuan (containing) following; (three) King production security accident refers to death 10 to 29 people, or property loss in 1 million Yuan Yuan above, and 3 million Yuan Yuan (containing) following; (four) special major production security accident refers to death 30 people (containing) above, or property loss in 3 million Yuan Yuan above.
Aid referred to in the preceding paragraph the construction site personnel including management and engineers, recipients of engineering technicians as well as third-party personnel. 40th aid production safety accident in construction site, construction technology design group, representatives and persons shall immediately to the local construction supervision (Consulate) report of economic and commercial institutions.
Embassy (Consulate) and commercial institutions should immediately went to the scene to verify the situation and organized site construction technology design group, representative and supervisors of construction written accident reports to the Ministry of Commerce.
Accident report should include the following: (a) the time and place of the accident, units and personnel involved, (ii) summary of the accident, casualties and direct economic losses preliminary estimates of (iii) accident preliminary judgment; (d) the measures taken after the accident and accident control; (e) accident emergency rescue measures. 41st article care engineering occurred general production security accident, standing local makes (led) Museum business institutions should in accident occurred Hou 3 a natural days will accident report submitted Commerce; occurred major or major above grade of production security accident, standing local makes (led) Museum business institutions should in accident occurred Hou 24 hours within will accident report submitted Commerce; occurred special major production security accident, commerce should in received standing local makes (led) Museum business institutions submitted of accident report Hou 12 hours within informed domestic related sector,
And accident reports to the State Department and aid proposals. 42nd care during construction production safety accidents, on-site technical group and the related personnel in safety leading group and construction supervisor under the unified command, emergency assistance to injured persons to take all necessary measures to prevent accidents expanded protection of the scene of the accident, draw accident diagram and make a written record. Embassy (Consulate) and commercial institutions to deal with the rescue work rapid and effective assistance and seek the support of recipient Governments through diplomatic channels.
When necessary, the Ministry of Commerce jointly with the national relevant departments under the State Council decided to take other necessary measures to rescue.
Article 43rd-aid construction production safety accident investigation should be organized according to the following principles: (a) General safety accidents investigated by the Ministry of Commerce is responsible for the accident, and after receiving the accident report 30 calendar days to make a decision. (B) serious or extremely serious production safety accidents organized by the Ministry of Commerce and technical identification and damage assessment expert accident investigation unit is responsible for accident investigations. Accident investigation group should be 60 calendar days after receiving the accident report completed accident investigations, and accident investigation reports to the Ministry of Commerce and put forward opinions. In exceptional circumstances, by the investigation group and approved by the Department of Commerce, may be appropriately extended the investigation time.
Accident investigation report by the Ministry of Commerce approval before implementation. (C) the extremely serious production safety accidents by the Ministry of Commerce Department of State, and according to the decision of the State Council in conjunction with the competent departments responsible for accident investigation by accident investigation team, accident investigation group technical identification and damage assessment experts. Under normal circumstances, accident investigation group should be 90 calendar days after receiving the accident report completed accident investigations, accident investigation report and the comments submitted to the State Council.
Accident investigation report approved by the State Council before implementation.
44th foreign aid projects in the production safety accident investigation and treatment should adhere to the following procedures: (a) hear the accident relevant reporting, (ii) to visit the scene of the accident to collect material evidence, (c) asking the parties to collect witness testimonies and (iv) to organize technical appraisal and loss assessment; (v) investigation concluded and submitted to the accident investigation report.
45th foreign aid projects in the production safety accident investigation report should include the following: (1) the cause of the accident, property and liability, (2) casualties and property losses, (3) accident survey, after the accident and the rescue (4) handling of accident and accident responsibility; (5) specific measures to prevent accidents from happening again. Nineth chapter legal responsibility 46th article care engineering survey design enterprise in for care engineering survey design Shi violation this approach second chapter, and sixth chapter provides of, Commerce ordered deadline corrected, and can at 30000 Yuan Yuan following fine; caused loss of, bear compensation responsibility; late not corrected or on caused personnel death of general production security accident, and major (containing) above grade production security accident has directly responsibility of, Commerce on the enterprise give warning,
3-5 years from the date of entry into force of administrative penalty not entrusted to its care of engineering investigation and design, and penalties will be informed related departments under the State Council. 47th article care design supervision Enterprise violation this approach third chapter, and sixth chapter provides of, Commerce ordered deadline corrected, can and at 30000 Yuan Yuan following fine; caused loss of, bear compensation responsibility; late not corrected or on caused personnel death of general production security accident, and major level production security accident has responsibility of, Commerce on the enterprise give warning, since administrative punishment entered into force of day up 2-4 years within not delegate its for care Engineering Advisory, plot serious of,
2-4 years from the date of entry into force of administrative penalty not entrusted to its care engineering consulting and care of engineering investigation and design, and penalties will be informed related departments under the State Council.
48th in accordance with these measures article 14th consulting firms for a safety review in violation of these regulations Nineth to 13th or sixth chapter, 47th, and 51st liability provided for in article.
49th article care engineering construction Enterprise violation this approach fourth chapter, and sixth chapter provides of, Commerce ordered deadline corrected, and at 30000 Yuan Yuan following fine; caused loss of, bear compensation responsibility; late not corrected or on caused personnel death of general production security accident, and major (containing) above grade production security accident has directly responsibility of, Commerce on the enterprise give warning, and will punishment situation informed State related competent sector.
Foreign aid will be subject to administrative punishment of construction enterprise on the basis of complete foreign aid projects construction Enterprise qualification regulations, automatically lose their qualification of construction enterprises of complete foreign aid projects. 50th article care engineering construction supervision Enterprise violation this approach fifth chapter, and sixth chapter provides of, Commerce ordered deadline corrected, and can at 30000 Yuan Yuan following fine; caused loss of, bear compensation responsibility; late not corrected or on caused personnel death of general production security accident, and major production security accident has responsibility of, Commerce on the enterprise give warning, since administrative punishment entered into force of day up 2-4 years within not delegate its for care engineering construction supervision
; The extra (or more) responsible for production safety accidents, the Ministry of Commerce warned for the enterprise, 5-6 years from the date of entry into force of administrative penalty not entrusted to its care in construction supervision and penalties information circulars relevant departments under the State Council.
51st engineering enterprises in violation of the regulations for foreign aid, causing not to cause death, injury, disability, accident, under Ministry of Commerce may be given a warning, 30000 Yuan fines, administrative penalties within 1-4 years from the date of entry into force does not delegate its foreign aid projects, and penalties will be informed related departments under the State Council.
52nd article violates these rules, foreign aid projects to production safety accidents, the Ministry directly responsible can be fined a maximum of 30000 Yuan; directly responsible for the unit's primary heads and project leaders failed to carry out the management of production safety as provided herein, Department of Commerce fined 30000 Yuan fine, and recommended their units or higher authorities of the jurisdiction granted to the administrative sanctions.
53rd supervision personnel, special operations personnel are not enforcing the law, administrative regulations and mandatory standards, the Ministry of Commerce fined a maximum of 30000 Yuan, and penalties to inform the relevant authorities.
54th Commerce Department staff in monitoring the aid project safety, survey production safety accidents in foreign aid during the abuse, malpractice, neglect their duties or using his position and claim his property or illegally accept the other person's property for the benefit of others, constitute a crime, criminal responsibility shall be investigated according to law, does not constitute a crime, administrative sanctions according to law.
Foreign aid in tenth chapter VIII supplementary provisions 55th article of the rules construction company including the company.
56th article of the referred to major foreign aid projects and key aid projects based on investment scale and engineering features, by the Ministry of Commerce by the aid table of categories specified in the annex.
57th implementation and management of the foreign aid, Commerce Department relevant existing provisions shall be applicable.
58th article this way by the Ministry of Commerce is responsible for the interpretation.
59th these measures shall come into force on October 1, 2006.
Annex: the aid table of categories. 附件：
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援外工程类别表
┌───────────────┬──────────────────────┬──────────────────────────┐
│ │ │ 工程规模 │
│ │ ├─────────┬────────┬───────┤
│ │ │ │投资额3000－8000│ │
│ │ │投资额3000 │ Million Yuan RMB, while │ │ │ engineering investment of 80 million people the main feature │ │ the following for example the project area, or area ¦ 2 currency more or build ││││ 2 │筑面积≥3000m 且│筑面积≥ │
│ │ │＜3000m ，或道路长│ 2 │ 2 │
│ │ │
