Coal Business Supervision

Original Language Title: 煤炭经营监管办法

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(December 27, 2004 the national development and Reform Commission announced 30th after the date of its promulgation, 25th execution) Chapter I General provisions article to strengthen the coal business supervision management, regulating and maintaining the order of business, in accordance with the People's Republic of China Law of coal and the People's Republic of China Law on administrative licensing provisions, these measures are formulated.
    Article in the People's Republic of China engaged in business activities in the territory, these measures shall apply.
    Coal business in these measures in article, refers to coal and its washing and processing products, wholesale, retail and commercial activities such as the processing and distribution of coal.
    Fourth, national development and Reform Commission is responsible for the national coal business supervision and management.
    The provinces, autonomous regions and municipalities designated coal operators qualification within the Department responsible for the administration of supervision and management in coal.
    Industry and commerce, quality control, environmental protection and other relevant departments within the scope of their respective duties and responsibilities the coal business supervision and management. Chapter II coal in coal trading enterprises article fifth country qualification review system.
    To establish a coal trading enterprises shall be subject to the coal business qualification.
    Article sixth coal operators qualification grading review, management at different levels.
    The national development and Reform Commission is responsible for the registration by the State administration for industry and Commerce of coal business enterprise qualification examination. The provinces, autonomous regions or municipalities specified eligibility of coal marketing department responsible for the administration of the coal business qualification.
    Provincial coal operators qualification Department according to the specific circumstances of respective administrative areas, can provide district municipal departments responsible for coal operators qualification the first instance.
    Seventh article established coal business enterprise, should has following conditions: (a) has with business scale phase adapted of registered funds; (ii) has fixed of business places; (three) has and business scale phase adapted of facilities and storage coal site; (four) has meet standard of coal measurement and quality test equipment; (five) meet national on coal business enterprise reasonable layout and the environmental protection of requirements; (six) legal, and administrative regulations provides of other conditions.
    Eighth article made by national development and Reform Committee is responsible for review of coal business enterprise business qualification, except should meet this approach seventh article provides outside, also should has following conditions: (a) registered funds in 50 million Yuan above; (ii) independent has property of storage coal site in 20,000 square meters above; (three) independent has meet standard of coal measurement and quality test facilities; (four) independent has meet provides of coal measurement and quality test personnel. Nineth article established coal business enterprise, should to coal business qualification review sector proposed application, and submitted following material: (a) coal business project feasibility analysis report; (ii) coal business qualification application report, and application table; (three) registered funds proved and the statutory inspection funding institutions issued of funding letter proved file; (four) Enterprise statutory representative people, and head identity proved; (five) fixed business places proved; (six) enterprise owned storage coal site proved (using warrants) or rental, and
    Joint venture contract of the site certificate (including floor space, storage capacity and facilities), and (VII) coal storage site of the Administrative Department of environmental protection environmental protection certification; (VIII) issued by quality inspection Department of the certificate of measurement facilities, coal quality monitoring facilities; (IX) issued by the relevant State departments, inspection staff of measurement certificate.
    Article tenth coal mine enterprises obtained the coal production license sales of the enterprise production, processing of coal products, do not put a coal business qualification.
    Obtained the coal production license of coal mine enterprises operation of the production, processing of coal products, shall apply to the coal operators qualification Department, obtained the coal business qualification.
    11th coal operators qualification Department after receiving the application materials submitted by the applicant, the materials are incomplete or do not comply with the statutory format, shall, within five working days to inform all applicants need to supplement content, fails to inform the, shall be accepted as of the date of receipt of the application materials. 12th coal operators qualification censors to review the material submitted by the applicant in accordance with law, when necessary, to the relevant site to verify the authenticity of the substance of the application materials.
    Upon examination and verification to the coal business conditions shall approve; do not have conditions, were rejected, and notify the applicant in writing. 13th eligibility Department of coal marketing shall be completed within 20 working days from the date of acceptance of the application review process.
    Cannot be completed within 20 working days, approved by the head of the administrative organ can be extended ten working days, and shall inform the applicant of the reasons for such further period.
    14th article in accordance with the regulations established by municipal departments in charge of the district coal operators qualification examination and then the provincial coal operators qualification Department, municipal departments divided into districts shall, within 20 working days from the date of acceptance of the application review is completed.
    15th coal operators qualification the censors allowed enterprises engaged in the coal business, approval shall be made within ten working days from the date of decision applicants will be issued, service business license.
    16th coal trading qualification granted to the sector engaged in the coal business of reviewing decisions through public offerings of newspapers, magazines and Web sites, to society announcements.
    Article 17th legally obtained coal operators qualification permit holders to apply to the Administration for industry and commerce registration, receiving business scope, including business license, may engage in business activities.
    Has not obtained the coal business certificate, business scope of Administration for industry and commerce shall not be issued include the coal trading business license. 18th coal operating certificate valid for three years.
    Needs to extend the expiration of, shall, on the expiry of 30th to the original coal operators qualification Department to apply extended procedures.
    Article 19th coal trading enterprises change of registered particulars should be to the original coal operators qualification review of Department procedures.
    20th coal trading enterprises stop should be to the original coal operators qualification Department for business entitled to cancellation.
    Article 21st coal trading qualifications uniformly printed by the State development and Reform Commission, and no other entity or individual may unlawfully printing.
    22nd coal operation certificate shall not be forged, shall not be sold, leased, lent or in any other form.
    Coal operators qualification sector review 23rd coal business qualifications, apart from the statutory fee, shall not charge any other fees.
    Coal operators qualification examination fees charged by departments should be turned over to the State Treasury shall be subject to any form of interception, misappropriation and privately.
    Chapter III article 24th of coal marketing business enterprises engaged in the coal business, shall comply with the provisions of the relevant laws, rules and regulations, ensure coal quality, and improve service levels.
    25th engages in business shall, in accordance with the People's Republic of China contract law provisions, signed by the seller and the coal sales contracts. Coal sale contract General including following content: (a) sold people and buy by people of name and residence; (ii) number; (three) varieties, and specifications, and quality; (four) price; (five) delivery way; (six) issued locations (station, and Hong Kong) and arrived locations (station, and Hong Kong); (seven) perform term; (eight) payment and the shipped miscellaneous of settlement way, buyers and sellers of account Bank, and account, and tax registration,; (nine) default responsibility; (10) solution dispute of method; (11) sale
    Other provisions agreed upon by both parties. Article 26th coal after the contract is signed, both parties must fully comply with the contract, neither party shall unilaterally modify or rescind the contract.
    There is a specific reason to change or terminate the contract, should be in accordance with the People's Republic of China contract law provisions, or should be liable.
    Carriers for 27th required by transport enterprises of coal, coal mining enterprises and coal trading enterprises or customers in accordance with the People's Republic of China contract law signed coal contract of carriage and transport enterprises. 28th transportation contract comes into effect, the parties must fully comply with the contract. Coal mining enterprises and coal trading enterprises shall, in accordance with the contract delivery quality, accurate measurement of coal transport enterprises shall in accordance with the contract of carriage and carriage of coal of different quality packaging, Marshall; customers shall contract for unloading coal.
    Failure to perform a contract, shall be liable for breach of contract.
    29th coal shipped handover and arrival of both carriers, shipping (Hong Kong) the consignee after the acceptance of the quality and quantity of coal, in accordance with the relevant provisions of the State. 30th trading should cancel the unreasonable link.
    State promotes conditions of coal mine Enterprise direct sales, encouraging large coal mining enterprises and coal consumption of large enterprises signed long-term direct sales contract.
    31st State promotes conditions of coal business enterprise implements the agent distribution.
    Article 32nd coal trading business shaped coal, should ensure the quality and convenience for the masses, stable supply.
    Shaped coal should be the centralized grinding, targeted, unified distribution, chain operation.
    33rd State to encourage the use of clean coal, to promote coal and industrial coal blending, save energy and reduce pollution. 34th article coal mine enterprise, and coal business enterprise, should law business, fair competition, ban following business behavior: (a) not made coal business qualification unauthorized business; (ii) not made coal production license unauthorized sales coal products; (three) take doping fake, and shoddy, and number shortage, fraud means; (four) monopoly business; (five) violation national about price of provides, bid up coal price or low price dumping; (six) violation national about tax of provides, evasion tax; (seven) violation legal, and
    Administrative regulations of other acts. 35th transport coal stations, ports and other transport enterprises shall not use their capacity to participate in the coal business.

    36th Executive authorities to establish a coal supply is prohibited under article link and extra charge.
    Prohibition of administrative organs open coal trading business or engage in, participate in business activities.
    37th prohibiting operation of coal mining enterprises of the coal production license production, processing of coal products.
    Prohibiting operation of coal coal trading enterprises of qualification products.
    Suppression of the coal business license-free coal business enterprise marketing of coal products. 38th coal mining enterprises and coal trading enterprises should strictly enforce State regulations on product quality management, the supply of coal product quality shall conform to the State standards or industrial standards.
    Users have special requirements for coal quality, is made by and between specified in the contract of sale of coal.
    Fourth 39th coal supervision and management qualifications review Department shall conduct supervision on coal trading and management, should establish a coal trading enterprise in the course of business management qualifications change and comprehensive screening system management according to law, and the specific measures formulated by the national development and Reform Commission.
    Coal operators qualification and business, quality inspection, environmental protection and other relevant departments shall investigate and deal with illegal business activities, and impose administrative penalty within the scope of their respective duties.
    40th business eligibility review staff should be familiar with the relevant laws and regulations, have the necessary expertise, integrity, and impartiality.
    41st coal operators qualification Department when conducting supervision and inspection, right to the coal business enterprise or coal users to learn more about the implementation of laws and regulations, access to the relevant information, access to the site to check; coal and coal trading enterprises shall provide users with convenient.
    42nd coal operators qualification staff when conducting supervision and inspection, shall produce certificates.
    Article 43rd coal operators qualification sector qualification and ongoing regulatory requirements, should be included in the financial budgets, be guaranteed by the governmental finance.
    44th fifth chapter penalties without the eligibility of coal marketing departments for examination and approval, or forged business certificates, or in the sale, rental, lending and other forms of acquisition of coal management qualification, and engaged in the coal business activities without authorization, the eligibility of coal marketing authority shall order to stop operating, confiscate the illegal income, and may also be illegal gains more than 1 time fined not more than five times.
    Article 45th has not obtained the coal production license of unauthorized sales of own production of coal products, the eligibility of coal marketing authority shall order to stop operating, confiscate the illegal income, and may also be illegal gains more than 1 time fined not more than five times.
    Article 46th doping of fake, shoddy and fraudulent operation, ordered to stop operating by the coal operators qualification sector, confiscate the illegal income and illegal gains more than 1 time fined not more than five times in serious cases, cancel coal operators qualification constitutes a crime, shall be investigated for criminal responsibility by judicial organs.
    47th operating free of coal production licenses or non-coal business certificate of enterprise products, or any coal operating certificates business sales of coal products, illegal gains by the coal operators qualification Department fined not more than more than 1 time times three times, but should not exceed 30,000 yuan.
    48th coal trading enterprises in violation of the relevant provisions of the measures, and engaged in other illegal operations, in accordance with the provisions of the relevant laws, rules and regulations.
    49th coal operators qualification staff abuse their powers, neglect their duties or malpractices for personal gain, shall be given administrative sanctions constitutes a crime, shall be investigated for criminal responsibility by judicial organs.
    Before the sixth chapter supplementary articles article 50th this way was released, according to the State economic and Trade Commission issued the measures for the management of coal, coal operators qualification you have made, continue to be valid.
    51st in all provinces, autonomous regions and municipalities designated coal operators qualification Department, according to this way of coal business supervision make the rules for the implementation of their respective administrative areas. 52nd these measures implemented since the release date of 30th.
                                                On June 22, 1999 the coal undertakings issued by the State economic and Trade Commission regulations repealed simultaneously.

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