(October 20, 2004 national safety supervision authority, and national coal mine security monitored Council makes 13th, announced since January 1, 2005 up purposes) first chapter General first article for strengthening security evaluation institutions of management, specification security evaluation behavior, established just, and open, and competition, and ordered of security evaluation intermediary service system, improve security evaluation level and service quality, according to safety method, and administrative license method and about provides, developed this provides.
Article security safety assessment safety assessment of rating agencies, persons engaged in legal activities, as well as production safety supervision and Management Department, quality supervision and management of coal mine safety supervision organization safety evaluation, these provisions shall apply. Safety assessment of third countries to agencies and personnel qualification system of safety evaluation. Safety assessment safety assessment institutions shall make the corresponding certificate (hereinafter certificate) and security in business scope certificate establish evaluation activities.
Should qualify as a corresponding safety evaluators in order to practice.
Without obtaining the certificate of safety evaluation agencies and their safety evaluation personnel shall not engage in security evaluation activities.
Article fourth certificate of qualification is divided into two levels, and according to the Security Agency's professional expertise, qualifications to determine their scope of business.
Obtained the qualification certificates of the safety evaluation agencies, can be determined according to the certificate of safety evaluation activities within the scope of business in the country; obtain a qualification certificate of safety evaluation agencies, can be determined according to the certificate's scope of business in the provinces, autonomous regions and municipalities within the security evaluation activities.
Qualification certificate by the State administration of work safety (State administration of coal mine safety supervision Bureau) (hereinafter referred to as National Board) approval, issued qualification certificates by the provinces, autonomous regions and municipal work safety supervision and management departments approved, issue.
Established coal mine security monitored institutions of province, and autonomous regions, and municipalities, by provincial coal mine security monitored institutions is responsible for its by's administrative within engaged in coal mine enterprise security evaluation activities of security evaluation institutions serie b qualification certificate of approval, and issued; not established coal mine security monitored institutions of, by province, and autonomous regions, and municipalities safety supervision management sector is responsible for its by's administrative within engaged in coal mine enterprise security evaluation activities of security evaluation institutions serie b qualification certificate of approval, and issued.
Safety evaluation of category a and category b institutions engaged in safety evaluation of projects or the size of the Enterprise shall be separately prescribed by the State Council.
Fifth of production safety supervision and management departments, coal mine safety supervision organization and its personnel shall perform the safety assessment qualification regulatory duties.
Any unit and individual work safety supervision and management departments, the coal mine safety supervision organization and its personnel for violation are entitled to superior production safety supervision and management departments, administration of coal mine safety supervision organization or impeach and accuse. Second chapter made qualification certificate of conditions and program sixth article security evaluation institutions application class a qualification certificate, should has following conditions: (a) has independent corporate qualification; (ii) has with application business phase adapted of fixed places and office facilities; (three) registered funds or opened fee 3 million Yuan above; (four) has sound of institutions articles, and management system, and work rules and quality management system; (five) has 12 name above made security evaluation personnel qualification of full-time security evaluation personnel, Which at least has 5 name has senior professional technology titles or registered security engineers qualification, and and engaged in security work 3 years above; has with declared engaged in security evaluation business range phase adapted of based professional of evaluation personnel; (six) security evaluation institutions of statutory representative people should through related safety training, and exam, and engaged in security work 3 years above; (seven) security evaluation institutions full-time technology head has security evaluation personnel qualification, has engineering class senior professional technology titles and security evaluation work experience, and
And engaged in security work for 5 years or more; (VIII) other conditions stipulated by laws and administrative regulations. Seventh article security evaluation institutions application serie b qualification certificate, should has following conditions: (a) has independent corporate qualification; (ii) has with application business phase adapted of fixed places and office facilities; (three) registered funds or opened fee 1 million Yuan above; (four) has sound of institutions articles, and management system, and work rules and quality management system; (five) has 8 name above made security evaluation personnel qualification of full-time security evaluation personnel, Which at least has 2 name has senior professional technology titles or registered security engineers qualification, and and engaged in security work 2 years above; has with declared engaged in security evaluation business range phase adapted of based professional of evaluation personnel; (six) security evaluation institutions of statutory representative people should through related safety training, and exam, and engaged in security work 2 years above; (seven) security evaluation institutions full-time technology head has security evaluation personnel qualification, has engineering class senior professional technology titles and security evaluation work experience, and
And engaged in security work for more than 3 years and (VIII) other conditions stipulated by laws and administrative regulations. Article eighth grade a qualification certificate, in accordance with the following procedures shall be followed: (a) safety assessment of applicants will possess qualifications qualifications application form and materials submitted to the State Council stipulated in this article sixth, (ii) National Office from the date of acceptance of the application in the 20th complete review.
Upon examination, qualification certificate issued; failed, not issuing qualification certificates, and to state the reason in writing. Nineth article application serie b qualification certificate, according to following program handle: (a) has qualification conditions of applicants will security evaluation qualification application table and this provides seventh article provides of material reported where area of province, and autonomous regions, and municipalities safety supervision management sector or provincial coal mine security monitored institutions; (ii) province, and autonomous regions, and municipalities safety supervision management sector or provincial coal mine security monitored institutions since accepted application of day up 20th within completed review work.
Upon examination, certificate of qualification issued by, and reported to the State Council for the record; is not qualified, not issuing qualification certificates, and to state the reason in writing. Tenth article has following conditions one of of, can application participate in security evaluation personnel of Qualification exam: (a) made security engineering professional college degree, engaged in safety related work 5 years above; other professional college degree, engaged in safety related work 7 years above; (ii) made security engineering professional undergraduate degree, engaged in safety related work 3 years above; other professional undergraduate degree, engaged in safety related work 5 years above; (three) made security engineering professional graduate above degree,
In safety-related work more than 1 years; other graduate degree, 2 years engaged in safety-related work. 11th security assessment personnel shall be impartial, fair, decent, familiar with the safety provisions of laws and administrative rules and regulations, standards and related, with knowledge of appropriate safety assessment, examination, obtain the appropriate credentials.
Safety evaluators test management approach by the State Council separately.
12th security agencies shall not be forged, transferred or lent qualification certificates.
Certificate lost, the safety evaluation institutions should affirm and reissued to the original qualification certificate authority.
Safety evaluation institution shall not subcontract security assessment project. 13th grade a, grade b qualification certificates are valid for 3 years.
Certificate expiry delay and safety assessment body shall, before the expiration of 3 months extension formalities apply to the certificate issuing authority.
14th safety assessment bodies for the purposes of any of the following circumstances shall change formalities apply to the certificate issuing authority: (a) the institutional Division or merger, and (ii) closure, bankruptcy or other reasons for cessation of business, (iii) change of the legal representative.
15th grade a, grade b qualification certificates by the State Council to make the unified form.
16th chapter safety assessment safety assessment body shall, in accordance with laws, administrative regulations, standards and regulations, compliance with professional standards and independently carrying out safety assessment work, reflect the evaluation of the safety concerns, and liable for the results of the safety assessment.
Article 17th security evaluation body safety evaluation project, it shall be safety assessment contract with the client, specify the rights and obligations of both parties. 18th security evaluation of institutions engaged in security evaluation fees shall conform to the provisions of laws and administrative regulations.
Stipulated by laws and administrative regulations do not, shall, in accordance with standard industry self-regulatory standards or guidance.
19th security evaluation evaluation personnel engaged in security institutions and their security evaluation activities should abide by professional ethics, follow the principle of honesty and trustworthiness, and shall not divulge technological and business secrets of the units being evaluated.
20th security agencies and their safety assessment personnel shall be subject to production safety supervision and management departments or the supervision of coal mine safety supervision organization shall not refuse production safety supervision and management departments or the supervision of coal mine safety supervision organization and its personnel shall be.
21st security agencies and their personnel shall annually secure evaluation of safety evaluation institution record table and safety evaluation of personnel performance record, respectively, submitted to the State Council and the provincial, autonomous region, municipality of production safety supervision and management departments or provincial coal mine safety supervision organization record.
Safety assessment of Agency performance record and safety evaluation of personnel performance record is the safety agency examination of important content.
Fourth 22nd supervision and management of production safety supervision and administration departments, the coal mine safety supervision organization and its personnel shall adhere to open, fair and just principles, strictly in accordance with laws, administrative regulations and these regulations, reviewing, issuing qualification certificates.
Have achieved qualification (qualification) certificate of security assessment and security evaluation and its security evaluation activities, work safety supervision and management departments, the coal mine safety supervision organization shall conduct supervision and inspection. State Council announced to the public on a regular basis to obtain the qualification (qualification) certificate list of security assessment and security evaluation, subject to public supervision.
23rd article safety supervision management sector, and coal mine security monitored institutions and staff shall not specified production business units accept specific of security evaluation institutions carried out security evaluation work, shall not to any form implemented area protection, shall not intervention security evaluation institutions of normal activities, shall not to any reason or way to security evaluation institutions charged costs or disguised charged costs, shall not to security evaluation institutions assessed, shall not in security evaluation institutions claims any costs.
24th supervisory organs in accordance with the provisions of the law on administrative supervision, work safety supervision and management departments, the coal mine safety supervision organization and its staff carrying out safety supervision and Administration monitor evaluation quality.
Chapter fifth penalty 25th production safety supervision and management departments, coal mine safety supervision organization personnel who abuse their powers, neglect their duties, engage, in accordance with the relevant provisions of administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
26th security agencies did not obtain the appropriate certificate of qualification without safety evaluations, given a warning and fined not more than 30000 Yuan.
27th security rating agencies qualification certificate expiry without renewal formalities have not been fulfilled or should have handled changes, continue to engage in security evaluation activities shall be ordered to stop working, replacement extension or change of the deadline, and a fine of 10000 Yuan the following limit; still go through the extension or alteration procedures, continues to engage in security evaluation activities, in accordance with the provisions of the present article 26th.
28th article security evaluation institutions has following case one of of, give warning, and at 10000 Yuan following of fine; plot serious of, at 30000 Yuan following of fine: (a) transfer or lending qualification certificate of; (ii) subcontracting security evaluation project of; (three) beyond business range engaged in security evaluation activities of; (four) evaluation content and reality not meet of; (five) fraud cheat qualification certificate of; (six) leaked was evaluation units of technology and commercial secret of. 29th article security evaluation institutions issued false proved, constitute crime of, law held criminal; is enough criminal punishment of, confiscated illegal proceeds, illegal proceeds in 5000 Yuan above of, and at illegal proceeds twice times above 5 times times following of fine, no illegal proceeds or illegal proceeds insufficient 5000 Yuan of, single at or and at 5000 Yuan above 20000 Yuan following of fine, on its directly is responsible for of competent personnel and other directly responsibility personnel at 5000 Yuan above 50000 Yuan following of fine
And cause damage to others, and the production and business operation entities shall bear joint liability.
For organizations where there are violations of the preceding paragraph, revoke the corresponding certificate.
30th article security evaluation personnel has following case one of of, give warning; plot serious of, revoked its qualification, and at 5000 Yuan following of fine: (a) qualification conditions changes, no longer has practitioners qualification of; (ii) fraud cheat qualification certificate of; (three) leaked was evaluation units of technology and commercial secret of; (four) against career guidelines, has lost just of.
31st administrative punishments provided for in these provisions, above the provincial production safety supervision and management departments, the coal mine safety supervision organization decides.
Sixth chapter supplementary articles article 32nd the rules the following terms shall have the meanings: safety evaluation agencies, intermediary organizations engaged in safety evaluation activities in accordance with law.
Safety evaluators, professionals engaged in safety evaluation activities in accordance with law.
Article 33rd relevant departments under the State Council, the central management of large enterprises, State-owned assets supervision and Administration Commission of the State Council is responsible for the management of various industry associations, such as the application of safety assessment safety assessment qualification certificates and qualification certificate application for safety assessment of offshore oil and gas drilling, handled directly by the State.
Article 34th qualification certificate for foreign institutions to apply for safety evaluation, in accordance with the relevant provisions of the State.
35th article of the regulations come into force on January 1, 2005.
