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Administrative Measures On Equipment Supervision In Shanghai

Original Language Title: 上海市设备监理管理办法

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Management of equipment at sea

(Adopted at the 131st ordinary meeting of the Government of the Shanghai City on 26 December 2011, No. 76 of the Decree No. 76 of 28 December 2011 on the People's Government of the Shanghai City, on 1 March 2012)

Chapter I General

Article 1 (Deputy and basis)

In order to ensure the quality of the equipment, improve the effectiveness of the investment in equipment, regulate the activities of the equipment and develop this approach in line with the relevant national provisions.

Article 2 (Definition)

The equipment described in this approach refers to oversight and management activities carried out by the design, procurement, installation, probation and probationary operation of various engineering equipment and other industrial sets of equipment in line with State-mandated specialized agencies.

Article 3 (As applicable)

This approach is applicable in the area of the administration of the city where equipment is performed and related management activities.

Article IV (Management)

The municipal quality-technical monitoring sector oversees the operation of the current municipal equipment. The district, district quality technical supervision department is responsible for the management of the oversight of equipment management activities within the administrative area.

The executive branch of the city's development reform, economic informationization, commerce, construction of transport, business and business, in line with their respective responsibilities, implements this approach.

Article 5

The Shanghai City Agency for Engineering Equipment Industry (hereinafter referred to as the Association of Custodial Equipment) should strengthen industrial self-regulation and, in accordance with legal, regulatory provisions, play a role in the training of equipment, information exchange, policy recommendations, rights and benefits, and the publication of industry information, and be able to accept the commission of the relevant national departments to manage the qualifications of the equipment units and the qualifications of the registrar of the equipment.

The municipal quality technical supervision sector should strengthen guidance and oversight of the activities of the Association of Facilities.

Article 6.

The professional body involved in the equipment management operation should obtain a certificate of qualifications for the equipment. Professionals who represent the equipment management unit independently in the implementation of the institution should be granted a certificate of qualifications in the performance of the registered equipment.

Approval and administrative supervision of the equipment management unit and the registrar of the equipment is carried out to implement the relevant national provisions.

Professionals who assist in the implementation of this unit's operation should have relevant expertise and receive the training appraisal of the Association of Municipal Equipment.

Article 7 (Reviews)

In addition, the MOE is required to carry out the operation in the city by holding documents such as the qualification of equipment units and the licence of business, and by providing the MAS with the procedures. The IAMU should send the requested information to the municipal quality technical supervision sector in a timely manner.

Article 8.

The principle of “independence, objectivity, impartiality and integrity” should be followed by the operation of the equipment administration.

Article 9.

The city promotes the participation of the equipment manager in the responsibilities insurance.

Article 10

The equipment management unit and its practitioners should respect professional ethics, preserve the legitimate rights and interests of the author, and have a confidential obligation under the law for commercial secrets and State provisions known in the conduct of the institution.

Chapter II

Article 11 (The scope of the institution should be entrusted)

The following works have resulted in a certain size of the equipment, and the project legal persons should be entrusted with the institution's probationary exercise for the manufacture and installation of the probationary:

(i) Engineering projects for financial investment;

(ii) All projects financed by State assets or by the National Asset Investment Control Unit;

(iii) Major engineering and priority projects in the city;

(iv) The State provides for other construction projects that should be carried out with equipment.

The relevant sectors of the city should inform the municipal quality technical oversight sector, after the processing of the approval, documentation, or construction of the construction process, through the management services platform for fixed-term asset investment projects and the construction of the information platform for engineering management.

The scope of specific equipment to be carried out should be implemented, with the establishment and publication of the municipal quality technical supervision department in accordance with paragraph 1 of this article.

Article 12 (Definition of the institution)

Project legal persons may choose to choose the equipment treasury unit and, through the equipment management contract, expressly entrust the equipment's treasury units with the exercise of the institution. Any other units, departments and individuals may not designate equipment units.

The solicitation activities and their parties should accept the administrative supervision of the authorities in question, in accordance with the law.

Project legal persons may, as required, be entrusted with the management of all equipment by a unit of equipment, or to have an independent equipment management operation by more than two units. The equipment inspected shall not be transferred or subcontracted.

Article 13 (Accreditation)

Prior to the authorization of the equipment management unit, a certificate of eligibility for the equipment issued by the relevant national departments should be presented and, if so, the author should present the business operation.

Article 14.

The author shall enter into a contract of equipment with the unit of equipment with the corresponding qualifications, specify the scope, content and criteria, the rights of the parties to the contract, the payment of the costs, the breach of the responsibility and the manner in which they are disputed.

The parties are encouraged to use the model text of the equipment contract developed by the relevant national departments.

Article 15 (A written notification to the institution of justice)

After the signing of the equipment administration contract, the author shall notify in writing the equipment design, manufacture, installation of the probationary business, etc. of the scope and content of the equipment's activities, the name of the institution, the head of the institution, and the main strength of the institution.

The institution shall be subject to the institution's jurisdiction in accordance with the contract agreement with the author and in writing.

Article 16 (Country plan)

In accordance with contractual agreements and relevant technical standards, norms and so forth, the equipment management plan should be prepared and the delivery of the institution's approval could be carried out.

The author and the institution of the institution shall provide the necessary assistance and collaboration for the activities of the equipment administration and provide the necessary information on the management of the equipment.

Article 17

The equipment management unit should establish the project manager on the ground, in accordance with the agreement of the equipment administration contract.

The project manager was set up, with the full responsibility of the project manager for the implementation of the penitentiary contract on behalf of the equipment.

Article 18 (Partners of projects)

The equipment management unit should clarify the head of the project and agree on the equipment management contract. The head of the project shall have a certificate of eligibility for the performance of the registrar of the registered equipment and be registered.

The heads of the project are authorized by the equipment manager in writing to preside over the work of the project manager.

Without the consent of the author, the head of the project shall not assume the work of other treasury projects within the duration of the contract of the equipment.

Article 19, Quality Monitoring

The equipment management unit should implement the institution, including through day-to-day inspection, documentation, on-site witness and end-point testimony, in accordance with the scope, content and criteria of the agreement of the equipment administration contract.

Article 20 (Security oversight)

In accordance with the scope of the institution, the equipment management units shall verify the qualifications, qualifications and qualifications of the licensee, the safety manager, the personnel of the specialized operations, and keep the relevant records.

The equipment management unit should conduct on-site safety inspections of activities such as the manufacture, installation of probation and probation operations, in accordance with the scope of the prison system, and conduct related daily inspections and make relevant records.

Article 21

The equipment management unit should submit a report to the commissioner in accordance with the agreement of the equipment administration contract, which should be reported in a timely manner.

The equipment management unit found problems in terms of quality, progress and should communicate and coordinate in a timely manner with the commissionor, the institution.

The equipment management units should be properly kept after the registration of relevant information, such as the institution contracts, the custodial plan, the custodial records and the receipt reports, and provide the author with information in accordance with the agreement of the equipment contract.

Article 2 (Reports of the incident attentive)

The equipment management unit found that the quality and security accidents were hidden and should be informed in writing immediately of the measures taken by the penitentiary units to reorganize them and to report the commissioner.

In the case of delays, refusal to reorganize or the occurrence of a qualitative safety accident, the equipment management unit should promptly inform the medical unit of the renovation, while reporting the author. The author confirmed that the situation was true and should be instructed immediately to reclassify the work.

Authors, custodial units are not in a position to manage quality and safety accidents, and the equipment institutions should report on the location of the project and the district quality technical oversight sector. After reports received from the regional, district-based technical monitoring services, the situation should be verified and processed; and matters not covered by this sector should be transferred in a timely manner to the relevant administration.

Article 23 (Court costs)

In accordance with the law, the cost of the treasury shall be administered by the State in accordance with the relevant provisions of the State, and in accordance with the relevant provisions of the State.

Chapter III

Article 24 (Strengthening inspection)

The municipal and district quality technical monitoring services should enhance oversight of the equipment management activities.

Where the municipal and district, district quality technical monitoring services perform oversight duties, the relevant units and individuals should provide the relevant material with objectivity, such as in the field.

Article 25 (Option of public reports)

Any unit or person has the right to report on the offences committed by the equipment. The quality technical supervision sector and the relevant sectors should be confidential.

The quality technical supervision sector should publish the manner in which the reporting is received; timely, complete and well-documented information should be made. Reporting matters fall under the responsibility of this sector and should be verified, processed and answered in an objective, impartial and timely manner; they are not the responsibility of this sector and should be transferred in a timely manner to the sectors entitled to be addressed and informed of the person.

An incentive is given in accordance with the relevant provisions to the reporting unit and individuals who assist in the investigation of violations.

Article 26 (Establishment of a good faith file)

The municipal quality technical supervision sector should establish the integrity of the equipment treasury units and their practitioners, implement credit classification management, and increase oversight inspections of equipment-based units with poor credit records.

Chapter IV Legal responsibility

Article 27 (Criminal penalties for equipment units I)

The equipment is one of the following acts, which is warned by the municipal or district, district-based technical monitoring services, to put an end to the offence and to bring the relevant national authorities to justice:

(i) Concluding the facts, misleading a licence or unauthorized business;

(ii) Excluding the authorized scope of the operation to carry out the activities of the institution;

(iii) A certificate of eligibility for falsification, alteration, rental, transfer, and sale of equipment;

(iv) To favour private fraud, toys negligence, leading to major quality accidents or physical casualty accidents;

(v) A breach of a contract agreement to disclose the commercial or technical secrets of the commissionor or the institution of the institution, resulting in the economic loss or other grave consequences of the commissionor or the institution of the institution.

Article 28 (Criminal penalties for equipment units)

The equipment is one of the following acts, which is committed by the municipal or district-based, district-based technical supervision department to stop the offence and imposes a fine of more than 50,000 dollars; in the event of a severe fine of up to 50,000 dollars.

(i) In violation of article 12, paragraph 3, of this approach, the transfer or subcontracting of equipment is carried out;

(ii) In violation of article 18, paragraph 1, of the present methodology, persons who do not have the qualifications of the registrar of the equipment are appointed as heads of the institution.

Article 29 (Criminal penalties for the registrar)

One of the following acts by the registrar of the equipment was brought to the law by the municipal quality technical supervision department:

(i) Is false data, proof and reporting;

(ii) Significant, extraordinary or significant economic losses due to misconduct;

(iii) In the course of the operation, bribes, bribery or other unjustifiable benefits;

(iv) Allow others to carry out equipment management activities in their own name or work with more than two facilities.

Article 33 (Criminal penalties for project legal persons)

One of the following acts by legal persons of the project is to be warned by the municipal or district, district quality technical supervision departments to reorganize their deadlines and impose a fine of up to 3,000 dollars.

(i) In violation of article 11 of this approach, there should be no implementation of the equipment of the institution;

(ii) In violation of article 14, paragraph 1, of the present approach, the equipment management operation is entrusted to the unqualified equipment management unit.

Article 31 (Option of national staff)

The staff in the quality technical supervision sector are one of the following acts, which are governed by the law by their units or by superior authorities:

(i) Not perform the oversight duties of equipment management activities in accordance with the law;

(ii) After receiving reports from the equipment treasury units, there is no timely verification of the circumstances surrounding the quality and safety accidents and the treatment of them;

(iii) The detection of the offence, the failure to investigate it in a timely manner or to accompany it and condon the offence;

(iv) Execution of administrative penalties in violation;

(v) Other acts of negligence, abuse of authority, favouring private fraud.

Article 32 (Civility responsibility)

The equipment management unit does not carry out the administration of justice in accordance with the contract's requirements, causing the loss to the author and should assume the corresponding civil responsibility in accordance with the law.

Chapter V

Article 33 (Actual application of the construction of the engineering institution)

The management of construction activities in the Shanghai City is governed by the precautionary approach to construction.

Article 34 (Actual date and rescindation)

This approach has been implemented effective 1 March 2012. Order No. 83 of 16 May 2000 of the Shanghai People's Government, amended and re-issued the “Guidelines for the Management of Engineering Equipment in the Shanghai City” in accordance with Order No. 119 of 1 April 2002.