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In Henan Province, The Measures For The Implementation Of Safety Management Of Civil Explosives Ordinance

Original Language Title: 河南省《民用爆炸物品安全管理条例》实施办法

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Modalities for the implementation of the Regulations on the Safety of Civilian Explosive Goods in Southern Province

(Adopted by the 21st ordinary meeting of the Government of the Southern Province on 10 January 2014, No. 161 of the Order of the People's Government of the Southern Province of the River on 23 January 2014)

Article I, in order to enhance the security management of civilian explosive items, to prevent accidents, to guarantee the life, property security and public safety of citizens, to develop this approach in the light of the Regulations on the Safety of Civilian Explosive Goods (hereinafter referred to as the Regulations).

Article 2

The import and export of civilian explosive items is carried out in accordance with the relevant national provisions.

Article 3. The production, sale, purchase, transport and dismantling of civilian explosive items are governed by the law.

No unit or individual shall be permitted to produce, sell, buy and transport civilian explosive items without the licence, and shall not carry out the explosion.

The transfer, loan, transfer, mortgage, mortgage, grant, private deposit or illegal possession of civilian explosive items is prohibited.

Article IV. The Ministry's National Defence Science and Technology Industrial Authority is the provincial administration of civilian explosive items responsible for the production and safe supervision of the entire province's civilian explosive items. The management of civilian explosive items established by the provincial authorities, the municipality of the city, the municipality of the city (the city) is responsible for the production and distribution of civilian explosive items in the current administrative region.

The Public Security Department is responsible for the management of public safety in civilian explosive items and for the safe supervision of the purchase, transport, dismantling operations, and for monitoring the flow of civilian explosive items.

The sectors such as security production regulation, business administration and transport are responsible for the management of the relevant safety monitoring of civilian explosive items, in accordance with the provisions of laws, regulations and regulations.

The provincial civilian explosive items management and the provincial public security sector should prepare, in a timely manner, development planning for the adaptation of the industry of civilian explosive items in the province. The establishment of civil explosive devices for the production, sale of businesses and explosive operations should be consistent with the development planning of the civilian explosive industry.

The provincial administration of civilian explosive items and the provincial public security sector should establish a credit evaluation system for the sound industry of civilian explosive items.

The main heads of the civilian explosive production, sale, purchase, transport and explosive units are the responsibility for the safe management of civilian explosive items in this unit and are fully responsible for the management of civilian explosive items in this unit.

Article 7 applies to businesses producing civilian explosive items and shall apply for the production of licences and security of production licences for civilian explosive items to the administrative authorities of the Department of State in accordance with the Regulations.

Article 8. Business in the production of civilian explosive items shall be production in strict accordance with the production of goods and production approved in the Civil Explosive Goods Procedural Permit, and production operations shall strictly implement the provisions of the safety technical protocols.

Article 9. Business in the production of civilian explosive items should establish a sound product test system to ensure that the quality of civilian explosive items is in compliance with the relevant standards. The packaging of civilian explosive items should be in accordance with the provisions of the law, administrative regulations and relevant standards.

A civil explosive production enterprise should make a warning marking, registration mark for civilian explosive items, and a fireding number.

Article 10 applies to businesses that operate in the sale of civilian explosive items and shall apply for the sale of licences for civilian explosive items to the management of the civilian explosive items in the province, in accordance with the provisions of the Regulations.

The provincial administration of civilian explosive items should be reviewed within 30 days of the date of receipt of the application and the inspection of the operating facilities, such as the sale of the applicant's unit and the specialized warehouse, in accordance with conditions, the issuance of a licence for the sale of civilian explosive items; and the non-nuclear launch of a licence for the sale of civilian explosive items to the applicant in writing.

Article 11 permits for the sale of civilian explosive items for a period of three years. At the end of the period of effectiveness, the business continued to engage in the sale of civilian explosive items, and requests for an exchange of evidence should be made to the management of civilian explosive items in the province by 30 years.

Article 12 The licence for the sale of civilian explosive items has changed during the effective period of the enterprise name, the legal representative, the type of registration, which should be registered in accordance with the law, and the issuance of new evidence by the management of the provincial civilian explosive items.

Changes should be made to the management of civilian explosive items in the province within 30 days of change. Upon review, it is in accordance with the conditions for the processing of the change process; it is not in accordance with the conditions, that the new evidence is not reproduced, that the applicant is informed in writing and the reasons for the reasons.

Article 13 purchases of civilian explosive items by civilian explosive devices units should be preserved by public safety, reduce transport risks, buy by law from the production of businesses or the sale of enterprises from civilian explosive items, and, in accordance with the Regulations, apply for the purchase of licences to the public security sector of the county-level people.

The public security sector that receives the application shall review the submissions within 5 days of the date of receipt of the application and, in accordance with conditions, the acquisition of a licence for civilian explosive items; the non-nuclear launch of a licence for the acquisition of civilian explosive items without conditions; and provide the applicant with written justification.

The Civil Explosive Goods Acquisition Permit shall contain an effective period of time for the licence purchase of goods, quantities, purchase units and licences.

Article 14. Civil explosive items are produced by an enterprise that purchases raw materials belonging to civilian explosive items by virtue of the licence for the production of civilian explosive items, which may be sold for civilian explosive items produced by the enterprise. Civil explosive items are produced by the enterprise to sell the civilian explosive items produced by the enterprise and shall not exceed the authorized species, production.

Civil explosions sold businesses to purchase civilian explosive items by virtue of the licence to sell civilian explosive items. The acquisition of civilian explosive items by the Civil Explosive Goods Consequence Unit, which also provides proof of the identity of the licensor.

Businesses selling civilian explosive items should be identified as a pre-reviewed licence and a certificate of identity of the licensor; the purchase of a licence for civilian explosive items should be sold in accordance with the licence species, quantity.

Article 15. The sale, purchase of civilian explosive items shall not be used in cash or in-kind transactions through bank accounts.

Businesses selling civilian explosive items should keep the purchase unit's licence, the bank accounts transfer certificate, the licensee's identity certificate of the photocopy of two years' clearance.

Article 16 Businesses selling civilian explosive items should be rescheduled from the sale of civilian explosive items within three days from the date of the transfer of civilian explosive items to the province's management of civilian explosive items and to the public security sector of the territorial Government.

The unit that purchases civilian explosive items should be made available to the public security sector at the local level within three days from the date of the transfer of civilian explosive items.

Article 17

The transport sector should verify, in accordance with the law, the specialized vehicles, equipment implemented by the licensee, issue the road transport certificate for the specialized vehicles eligible for the licence, and include a description of the types, subparagraphs or names of dangerous goods within the scope of the road transport certificate.

Article 18 Transport of civilian explosive items shall apply to the public security sector of the landing district government for the transportation of civilian explosive items in accordance with the provisions of the Regulations. The public security sector that receives the application shall review the submissions within three days of the date of receipt of the application and, in accordance with conditions, make a nuclear licence for the transport of civilian explosive items; refrain from granting a licence for the transport of civilian explosive items to the applicant in writing.

The licence for the transport of civilian explosive items should contain the collection units, the sale of businesses, the carrier, an effective period of one-time transportation, the location of the start, the transport route, the number and quantity of civilian explosive items.

Article 19

(i) Containing the Civil Explosive Goods Transport Permit;

(ii) Goods and quantities authorized in accordance with the Protocol on the Transport of Civilian Explosive Goods;

(iii) The loading of civilian explosive items is in line with national standards and norms, and the vehicle is not available;

(iv) The safety of transport vehicles should be in accordance with national requirements for safety-related technical standards, as well as the warning signs of hazardous items that are capable of fuelling in compliance with national standards, in accordance with the requirements of the State;

(v) Vehicles transporting civilian explosive items should maintain a safe vehicle speed;

(vi) In accordance with the established route, the duration of the journey should be guarded by a person, and away from the construction facilities and densely populated places, without being stopped outside the licence;

(vii) Removation of civilian explosive items in accordance with the safety operation and the installation of a police guard on the ground and the prohibition of entry of persons not involved;

(viii) The risk situation immediately takes the necessary emergency disposal measures and reports on the local public security sector.

Article 20 of the Civil Explosive Goods Located to the destination, the receipt units shall be subject to a licence for the transport of civilian explosive items upon receipt and shall, within 3 days, communicate the licence for the transport of civilian explosive items to the licensee.

Article 21 prohibits the arsenal of civilian explosive items into public transport instruments or in public places.

The mail is prohibited from mailing civilian explosions, prohibiting the delivery of goods, luxury, bags, mails containing civilian explosive items.

Section II of the application for the operation of the explosion shall apply to the public security sector for the licence of the explosive units in accordance with the Regulations and the State Department's public security sector.

The Licence of the Non-Operational Deployation Unit is granted by the Public Security Department of the Government of the People's Government, which is located in the province of the explosion operation, and the licence of the Operation's Deceives Unit, which is subject to the approval of the Government's public security sector.

The public security sector that receives the application shall review the submissions within 20 days of the date of receipt of the application and, in accordance with conditions, the nuclear launch of the licence of the explosive units; the non-nuclear launch of the licence of the detonation units, and the written justification of the applicant.

Article 23, Receivability of Deceives Units for three years. During the effective period, there is a need to continue to engage in spoiling operations, and the explosive units should submit requests for an exchange of evidence to the public security sector of the licensee before 30 years of effectiveness.

Article twenty-four should be carried out by the detonation units in accordance with their level of competence, and the removal operation of the explosion should be carried out in accordance with their qualifications.

It should be consistent with the information system for civilian explosive items, if any, the type, quantity, number, and the receipt, distribution of the names of persons. The number of persons receiving civilian explosions shall not exceed the time limit. The removal operation units should keep the original records of receipt and issuance of civilian explosive items at the disposal of two years.

Article 25 does not operate in the area of the licence. The operating explosive dispersion units should not carry out explosive activities for illicit production activities, in accordance with their operational trajectory projects. It is not possible to redirect the trajectory project, nor shall it conduct a security assessment, safety management and safety evaluation of the explosions carried out by this unit or by a unit of interest.

Detraction units operate across provinces and should report to the Government's public security sector at the district level of the spoilers.

The ban on the sale and sale of civilian explosive items by the dispersion units prohibits the transfer of civilian explosive items to the user of the service.

Article 26 implements explosive activities in the vicinity of cities, landscapes and major engineering facilities, and shall apply to the public security sector of the Government of the municipality under the jurisdiction of the trajectory operation for the licence of the explosion operation project, in accordance with the Regulations and the State Department of Public Security. The public security organs that receive the application shall review the submissions within 20 days of the date of receipt of the application, make decisions that are consistent with conditions and are subject to approval; take decisions that are incompatible with the conditions, and provide the applicant with a written justification.

In carrying out the pre-implementation phase, a security assessment should be carried out by a security assessment conducted by a dispersed operating unit with corresponding qualifications prior to the submission of the application; in the course of the operation, it should be carried out by a security treasury enterprise with corresponding qualifications, with the responsibility of the public security sector at the site of the explosion operation to organize a security alert.

Article 27 should comply with the relevant national standards and norms, establish warning signs outside the security distance and arrange police personnel to prevent the entry of the unrelated personnel, and should be inspected in a timely manner and exclude unexploded civilian explosive items.

In the case of the non-exploitation of civilian explosive items, the remaining civilian explosive items should be registered and destroyed by the territorial Government's public security sector.

The local public security sector should be reported immediately, as it was discovered, the replacement of non-resident civilian explosive items.

Article 29 should be stored in the exclusive warehouse of civilian explosive items that meet national standards and norms. The number of civilian explosive items stored should not exceed the authorized capacity.

A special warehouse for small civilian explosive items that are newly constructed and modified by the explosive units was organized by the local public security sector prior to their use. After the completion of the security protection work of the specialized warehouse for civilian explosive items, the public security sector organizes the receipt according to the provisions.

In the event of a temporary storage of civilian explosive items on the ground of spoiling operations, the conditions for the temporary storage should be in accordance with the relevant national standard requirements and establish exclusive management, escort. The remaining civilian explosive items after the day of the explosion should be returned on the same day without being stored on the ground overnight.

The destruction of civilian explosive items by the management and the public security sector for civil explosive items confiscated by law should be organized in a timely manner. The management of civilian explosive items, the public security sector shall not store confiscated civilian explosive items in civilian explosive items for the production and sale of commercial warehouses.

Article 33 of the changing nature of civilian explosive items, expires or remaining unused, and the production, sale of businesses and dismantling units of civilian explosive items should be cleared in a timely manner, the registration of books and the submission of destruction programmes.

The production of civilian explosive items and the sale of property by enterprises for the destruction of civilian explosions are monitored by the provincial authorities of civil explosive items; the destruction of civilian explosive items by the destruction of civilian explosions by the territorial Government's public security sector.

Article 31

Article 32 prohibits the production, sale of enterprise and explosive units and their personnel from modifying, transferring, selling, renting, borrowing from licences for the production of civilian explosive items, licences for the sale of civilian explosive items, licences for the sale of exploitation units, licences for the dismantling of operations, and certificates such as the licence of the explosive operators.

Article 33 Production, sale of businesses and explosive operating units for civilian explosive items should register major dangerous sources, conduct regular testing, assessment, monitoring and establish emergency pre-referral cases, and inform practitioners and relevant personnel of emergency response measures. Civil explosive items are produced, sold businesses and explosive units should be made available in accordance with the relevant national provisions for major hazardous sources and related security measures, emergency response measures for the safe production of regulatory and civil explosive items.

Article 34 does not build buildings and other facilities within the external security distance of civilian explosive items production zones, testing sites, destruction sites and specialized warehouses; construction has been established and is governed by the relevant local people's authorities. For special reasons, construction units should be compensated in accordance with the relevant provisions of the State and the province.

Article 35 Production, sale of businesses and dismantling units for civilian explosive items should establish a registration system for civilian explosive items, such as the entry of information into the information management system for the information-management system for the information-gathering of the information-related information on civilian explosive items of this unit.

Article XVI governs the management of civilian explosive items, the public security sector and other sectors with the responsibility to monitor the safety of civilian explosive items in accordance with the division of responsibilities to conduct regular inspections or inspections of the safety of the production of civilian explosive items, sale, purchase, transport and sequestration units by law, and to report promptly to the Government and the management at the level of control of the population.

The inspection or inspection shall include the following key elements:

(i) Follow-up to the laws, regulations and regulations on the safety of civilian explosive items;

(ii) Development and implementation of a security regime for civilian explosive items;

(iii) Implementation of the responsibility for the safe management of civilian explosive items;

(iv) Safety training and evidence of practitioners of civilian explosive items;

(v) The availability of facilities and equipment for civilian explosive items;

(vi) Other provisions of laws, regulations and regulations.

Article 337 exercises the following powers in accordance with the law supervision of the management of civilian explosive items, the public security sector and other sectors with the responsibility for the safe supervision of civilian explosive items:

(i) Examination of the production, sale, purchase, transport and dismantling of civilian explosive items, access to relevant information and inform relevant units and personnel.

(ii) To remedy or require a period of time to be converted to the security production found in the examination; to impose administrative penalties in accordance with the provisions of the relevant laws, administrative regulations, regulations and this approach.

Article 338, in violation of the provisions of this approach, provides that administrative penalties are provided for by law, regulations and other regulations.

In violation of this approach, civilian explosive items are produced, sold for safety production managers, security managers, professional technicians, productive posts, and warehouse managers have one of the following cases, with the responsibility of the management of civilian explosive items in the province to reclassify their deadlines, in serious cases or inadvertently.

(i) Removal, transfer, sale, rental and borrowing of relevant qualifications certificates;

(ii) At the same time, more than two civilian explosive items were employed to produce and sell businesses.

Article 40 exploded ordnance units violate the relevant national standards and norms and carry out explosive operations in one of the following cases, which are punishable by law by the public security sector to stop the offence or by the period of time, with a fine of more than 500,000 dollars; a failure to change, a suspension of the production of the property; a serious circumstance, and the suspension of the licence of the explosive units:

(i) The hiring of persons with no operational qualifications to carry out explosive operations;

(ii) Extrample operations for illicit production activities;

(iii) To reproduce the exclusive project;

(iv) Safety assessment and security of the explosions carried out by this unit or by units of interest;

(v) The use of civilian explosive items to the service's self-exploitation operation;

(vi) The non-commercial trajectory units operate beyond the licence area.

Article 40, in violation of this approach, provides for the conversion, transfer, sale, rent, borrowing of licenses such as the licence of the explosive units, the licence of the dispersal operators, the relocation of the time limit by the public security sector and the fine of up to $300,000, which constitutes an offence and criminal responsibility.

Article 42, paragraph 1, of the Convention on the Elimination of All Forms of Racial Discrimination, provides that:

(i) The absence of a detramission operation at the level of eligibility;

(ii) In the course of the same explosions, the spoilers, the security manager or the warehouse manager perform each other;

(iii) Exposure engineering technicians, trajectory practitioners, security managers, warehouse managers are employed in two and more explosive units.

Article 43 governs the management of civilian explosive items, public safety, regulation of safe production, business administration, transport, etc., by law, and by law by holding criminal responsibility:

(i) No administrative licence is governed by law;

(ii) Non-compliance with the responsibility for the safe supervision of civilian explosive items or oversight of management, which causes serious consequences;

(iii) There are other abuses of authority, provocative fraud, and sterilization.

Article 44