Gansu Province Coal Business Supervision Management

Original Language Title: 甘肃省煤炭经营监督管理办法

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(December 25, 2007 111th meeting consideration of the people's Government of Gansu province on January 8, 2008, 43rd release from the people's Government of Gansu province as of March 1, 2008) first in order to strengthen the control of coal marketing, regulating and maintaining the order of business, in accordance with the People's Republic of China coal law and other related laws and regulations, combined with the facts of the province, these measures are formulated.
    Coal operators in these measures in article, refers to coal and its washing and processing products, wholesale, retail and residential coal coal trading activities such as processing and distribution.
    Article province coal business supervision Department is responsible for the province's coal business supervision and management work.
    Specify municipal people's Government departments are responsible for the management of coal coal business supervision and management in the administrative area.
    Industry and commerce, quality supervision, environmental protection and other relevant departments within the scope of their respective duties and responsibilities the coal business supervision and management.
    Fourth article established coal business enterprise, should has following conditions: (a) wholesale business enterprise registered funds 5 million Yuan above, retail business enterprise registered funds 2 million Yuan above, civilian type coal distribution processing enterprise registered funds 100,000 yuan above; (ii) has fixed of business places, wholesale business enterprise storage coal site area 3000 square meters above, retail business enterprise storage coal site area 1500 square meters above, civilian type coal processing distribution enterprise storage coal site area 500 square meters above;
    (C) there is a need of handling equipment, fire and dust-proof facilities; (d) is consistent with standard coal measurement and quality testing equipment; (e) in line with national requirements on layout and coal trading enterprises environmental protection; (vi) other conditions stipulated by laws and regulations.
    Fifth article application established coal business enterprise, should 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 Associates site of contract proved (including site area, and storage coal capacity and site facilities);
    (VII) issued by the local environmental protection departments of the coal storage site environmental certificates; (VIII) issued by the local quality supervision departments of measurement facilities, coal quality monitoring facility certification; (IX) issued by the relevant State departments, inspection staff of measurement certificate. Sixth section to establish a coal trading enterprise, shall obtain the coal business qualification certificate.
    In national business administration sector registration of enterprise of coal business qualification, should to national coal business competent sector proposed application; in province business administration sector registration registered of coal business enterprise, should to province coal business regulatory sector proposed application; in City State, and County urban business administration sector registration registered of coal business enterprise, must to where City State, and County urban coal business regulatory sector proposed application, accepted application of sector signed views Hou turned reported province coal business regulatory sector. Article seventh province coal business regulators examine the coal operators ' qualifications should be based on the coal business enterprise distribution network within the administrative area of the province plan and relevant regulations of the State of total control.
    Distribution network planning should be determined by the provincial coal business supervision authorities and the development and reform of the common system.
    Article eighth province coal operators engaged in the coal operation business regulators granted shall be issued to the applicant, served the coal business qualification certificate, and through the public offering of newspapers, magazines and Web sites, to society announcements.
    Article the applicant shall obtain the coal business qualification certificate apply to the Administration for industry and commerce registration, receiving business scope, including business license, may engage in business activities.
    Without obtaining of the coal business certificate, business scope of Administration for industry and commerce shall not be issued include the coal trading business license. Article tenth of the coal business certificate is valid for 3 years.
    The period of extension, shall, on the expiry of 30th to provincial regulators to apply for continuation of coal marketing procedures.
    11th the coal business qualification certificate of uniformly printed by the State coal management departments, and no other entity or individual may unlawfully printing.
    12th coal business enterprise registration is changed or terminated, should be to the province's coal business supervision departments for changes or cancellation, and the Administrative Department for industry and Commerce of registration or cancellation procedures.
    13th obtained the coal production license of the coal production enterprises, sold the production without coal, processing of coal product qualification review operation of the production and processing of coal products, it shall apply for and obtain a business qualification.
    14th with coal as fuel or raw materials, electric power, metallurgy, building materials, chemicals, coking and other non-coal production for end users of coal, coal for the production of consumption shall not be used for business.
    15th prohibition of administrative organs in violation of State regulations to establish a coal supply without authorization of intermediate links and extra charge. 16th coal trading business shaped coal, should guarantee the quality.
    Encourage qualified business enterprise implements the agent distribution.
    17th to encourage the use of clean coal, to promote coal and industrial coal blending, save energy and reduce pollution.
    18th prohibits the following coal operations: (a) the coal trading enterprises are not qualified as a coal business operating without authorization, (ii) coal production enterprises has not obtained the coal production license sales of coal products without authorization; (iii) doping fraud by means of fake, shoddy, a shortage of management and (iv) other acts in violation of laws, administrative rules and regulations.
    19th transport coal stations, ports and other transport enterprises shall not use their capacity to participate in the coal business.
    20th coal production enterprises and coal trading enterprises should strictly implement the State regulations on product quality management, the supply of coal product quality shall conform to the State standards or industrial standards.
    Article 21st coal business regulators 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 trading enterprises shall cooperate and coal users.
    Regulatory staff when conducting supervision and inspection of coal marketing shall present certificate of administrative law enforcement.
    22nd coal business supervision sector qualification and ongoing regulatory work requirements, finances should be protected at the same level.
    23rd a coal trading enterprise in violation of these regulations is engaged in illegal operations, in accordance with the law of coal processing and coal business supervision and management provisions of the State.
    Article 24th coal trading regulatory personnel who abuse their powers, neglect their duties or malpractices for personal gain, given administrative sanctions according to law constitutes a crime shall be investigated for criminal liability.
                                                                    25th article of the rules take effect on March 1, 2008.