(July 5, 2004 the Ministry of construction released come into force on the date of promulgation, 128th) Chapter I General provisions article strictly regulated construction construction enterprise safety in production conditions, further strengthening supervision and administration of production safety, prevent and reduce production accidents, according to the safety production license Ordinance, regulations on work safety of construction projects and other related administrative regulations, this provision is enacted.
    Second State of construction enterprise safety production permit system.
    Without safety production license of architectural construction enterprises shall engage in construction activities.
    Construction enterprises in these rules refers to civil engineering, construction engineering, wires, pipelines and equipment installation works and decoration of the new projects, expansion, renovation and demolition activities related to enterprise.
    Article the competent construction department is responsible for the central management of architecture construction enterprise safety in production permit issuance and management.
    The provinces, autonomous regions and municipalities of construction other than those provided for in the preceding paragraph within the competent authority responsible for the administration of construction construction enterprise safety in production permit issuance and administration, and accept the guidance and supervision of building departments of the State Council.
    City and county building departments responsible for the Administration in the supervision and management of construction enterprise safety production license, and Enterprise offences found in the supervision and inspection reports in a timely manner the Security Agency for issue and administration of production license. Second chapter safety conditions fourth article building construction Enterprise made security production license, should has following safety conditions: (a) established, and sound safety accountability, developed complete of safety regulations and operation; (ii) guarantee this units safety conditions by needed funds of input; (three) set safety management institutions, according to national about provides equipped with full-time safety management personnel; (four) main head, and project head, and Full-time safety management personnel by construction competent sector or other about sector assessment qualified; (five) special job personnel by about business competent sector assessment qualified, made special job operation qualification certificate; (six) management personnel and job personnel annual at least for once safety education training and assessment qualified; (seven) law participate in injury insurance, law for construction site engaged in dangerous job of personnel handle accident hurt insurance, for practitioners pay premium; (eight) construction site of Office, and Living quarters and the job places and security protection appliances, and mechanical equipment, and construction machines and the accessories meet about safety legal, and regulations, and standard and procedures of requirements; (nine) has career against control measures, and for job personnel equipped with meet national standards or industry standard of security protection appliances and security protection clothing; (10) has on risk larger of points part items engineering and the construction site easy occurred major accident of parts, and link of prevention, and monitoring measures and emergency plans; (11) has production security accident emergency rescue plans, and
    Emergency rescue or emergency rescue workers, equipped with the necessary emergency rescue equipment, equipment (12) other conditions stipulated by laws and regulations.
    Chapter safety production license applications issued fifth and construction enterprises engaging in construction activities, should be in accordance with these provisions apply to construction management departments at or above the provincial level for safety production license.
    Central management of the construction Enterprise (company, Corporation) shall apply to the competent construction department under the State Council for the safety production license.
    Construction enterprises other than those prescribed in the preceding paragraph, including central management of construction Enterprise (Corporation, Head Office) under the construction enterprise, shall provide the registered seat of provinces, autonomous regions and municipalities apply building departments for safety production licences.
    Article sixth construction company when applying for a safety license, shall be filed with the competent construction Department provide the following materials: (a) construction construction enterprise safety in production permit application form, (ii) the business license and (iii) article fourth of related documents and materials.
    Applications for construction enterprises safety production license, should be responsible for the authenticity of the substance of the application materials, not withholding relevant information or provide false materials. Article seventh building departments shall accept applications for construction enterprises within 45 days from the date of this review has been completed; reviewed in line with the conditions for safe production, issuing safety licenses; do not meet the conditions for safe production will not be issuing safety licenses, written notice to the company and explain the reasons.
    Enterprise shall, from the date of receiving notification of the rectification, rectification qualified before they can apply again.
    Building departments to review the construction construction enterprise safety in production permit applications, rail, traffic, water conservancy and other professional projects, seeking the views of railways, communications, water conservancy departments. Article eighth safety license is valid for 3 years.
    Safety production license expiration extension is required, the Enterprise shall, before the expiration of 3 months to the Agency for issue and administration of safe production licenses apply for renewal.
    Enterprise safety production license validity period, strict compliance with the relevant safety regulations, no fatalities occurred, safety production license expiry, the original safe production licensing authority agrees, no longer reviews, safety production license is valid for 3 years.
    Nineth, construction enterprises, such as change of name, address, legal representative, it should be after the change in the 10th, to the original safety production licence issuing authorities carry out safety production license change procedures.
    Tenth, construction enterprises ' bankruptcy and liquidation, cancellation, and safety production license should be returned to the original safe production licensing authority for cancellation.
    11th lost in construction enterprise safety production license, shall immediately report to the safety production license issued by the management authority, and after the media declared void in the public, before they can apply for a replacement.
    12th security license application form prescribed by the Ministry of construction the unified form.
    Safety production license based on the State production safety supervision and administration departments under the unified style.
    Safety production license original and copy, and duplicate copies of the same legal effect. Supervision and administration of the fourth chapter 13th competent Department of construction of the people's Governments above the county level shall strengthen the supervision and management of construction enterprise safety production license.
    Building departments in examining and issuing construction permits, construction enterprises that have been identified should be whether there is a safety license review, about the lack of access to safe production license shall not be issued the construction permit.
    14th TRANS-province construction enterprise engaged in construction activities of a violation of this provision, by the provincial construction Department, where the engineering construction enterprise in the region's illegal facts, treatment results and recommends a copy of the original safety production license issuing authority. 15th construction construction enterprise safety production license, must not reduce safety conditions and routine safety management should be strengthened, and accept the supervision and inspection of building departments.
    Safety authority found that the license was issued no longer meets the conditions for safe production and safety production license temporarily or even cancelled.
    16th article security production license issued management organ or its superior administrative organ found has following case one of of, can revoked has issued of security production license: (a) security production license issued management organ staff abuse, and negligence issued security production license of; (ii) beyond statutory terms issued security production license of; (three) violation statutory program issued security production license of; (four) on not has safety conditions of building construction Enterprise issued security production license of;
    (E) the safety production license may be revoked according to law have been issued in other circumstances.
    In accordance with the provisions of the preceding paragraph to withdraw safety production license, damage the legitimate interests of construction enterprises, building departments shall give compensation.
    17th safe production licensing agency should establish and improve the safe production license management system, regularly released to public enterprises to obtain safety licenses each year to inform the production safety supervision and management departments at construction construction enterprise safety in production permit issuance and management.
    Article 18th construction enterprises shall not be transferred, used by safety licenses or using falsified safety production license.
    19th building departments staff in safety production license issuance, management, and supervision and inspection work shall not solicit or accept property of construction enterprises shall not seek other benefits.
    20th no units or individuals for violations of the provisions of the Act are entitled to safe production licensing management or a supervisory authority and other relevant departments.
    Fifth chapter penalty is 21st article violation this provides, construction competent sector staff has following behavior one of of, give downgraded or dismissed of administrative sanctions; constitute crime of, law held criminal: (a) to not meet safety conditions of building construction Enterprise issued security production license of; (ii) found building construction enterprise not law made security production license unauthorized engaged in building construction activities, not law processing of;
    (C) discovery the construction enterprise of safety production License no longer meets the conditions for safe production and not dealt with according to law; (d) after receiving reports of violations of the provisions of this Act, do not handle (v) in safe production licensing, management and supervision and inspection work, ask for or accept the construction enterprise's property, or seeking other interests.
    Due to construction Enterprise fraud, resulting in the preceding paragraph (a), no punishment for building departments staff.
    Article 22nd construction enterprise of safety production license, major security incidents, withhold safety production license and rectification. 23rd article no longer meets the conditions for safe production of construction enterprises, temporarily safe production license and rectification are serious, revoking safety production license.

    24th article violates these provisions, construction enterprises without safety production license of unauthorized construction activities, ordered its construction projects construction, illegal income shall be confiscated, and a fine of less than 100,000 yuan and 500,000 yuan; cause major accidents or other serious consequences, constitute a crime, criminal responsibility shall be investigated according to law.
    25th article in violation of these provisions, safe production licence expires without renewal, continued to engage in construction activities, ordered its construction projects construction, made the deadline extension, confiscate the illegal gains and fines of between 50,000 yuan and 100,000 yuan limit; still go through formalities for extension, continue to engage in construction activities, in accordance with the provisions of article 24th.
    26th article violates this provision of transfer of construction enterprise safety production license, confiscate the illegal income, fines of between 100,000 yuan and 500,000 yuan, and revoked a safe production license constitutes a crime, criminal responsibility shall be investigated according to law; accept assignment, penalty shall be imposed in accordance with the provisions of article 24th.
    Fraudulent use of safety production license or use forged safety production license, penalty shall be imposed in accordance with the provisions of article 24th.
    27th article violates these provisions, construction enterprises to hide relevant information or provides false information to apply for safety production license as inadmissible or not issuing safety licenses and give warning, 1 shall apply for a safety license.
    Construction enterprises by fraud, bribery or other improper means to obtain safety licenses revoked safety production license, 3 years may not apply again for a safety license constitutes a crime, criminal responsibility shall be investigated according to law.
    28th article of the provision withholding, revoking safety production license of administrative penalties, decided by Agency for issue and administration of safe production license; other administrative penalties, decided by the construction of local people's Governments at or above the county level authorities.
    Sixth chapter schedule 29th article this provides purposes Qian has law engaged in building construction activities of building construction enterprise, should since security production license Ordinance purposes of day up (January 13, 2004 up) 1 years within construction competent sector application handle building construction enterprise security production license; late not handle security production license, or by review not meet this provides of safety conditions, not made security production license, continues to for building construction activities of, in accordance with this provides 24th article of provides punishment.
                            30th article of the regulations come into force on the date of promulgation.