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Provisions On Administration Of Certified Safety Engineer

Original Language Title: 注册安全工程师管理规定

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(Released on January 11, 2007, the State administration of work safety, the 11th since as of March 1, 2007) Chapter I General provisions article in order to strengthen the management of registered safety engineer to guarantee certified safety engineers practise according to law and according to the work safety Act and other relevant laws, administrative regulations, this provision is enacted.
    Section II People's Republic of China registered safety engineer qualification certificate of registration and registration practice, continuing education, supervision and management, these provisions shall apply.
    Third article this provides by said registered security engineers is refers to made People's Republic of China registered security engineers practice industry qualification certificate (following referred to qualification certificate), in production business units engaged in safety management, and security technology work or in safety intermediary institutions engaged in safety professional service work, and according to this provides registered made People's Republic of China registered security engineers practice industry card (following referred to practice industry card) and practice industry seal of personnel.
    Registered safety engineer of the fourth article be strict implementation of national laws and the rules and regulations and abide by the professional ethics and practice guidelines. Fifth, the State administration of work safety (hereinafter referred to as the Security Administration) registered safety engineer of the national registration, practising activities shall exercise unified supervision and management.
    Relevant departments of the State Council (hereinafter referred to as sector registry) registered safety engineer of the system of registration, practice activities, exercising supervision and management.
    The provinces, autonomous regions and municipalities work safety supervision and management departments of the certified safety engineers in the administrative area of registration, practice activities, exercising supervision and management.
    Provincial coal mine safety supervision authorities (provinces, autonomous regions and municipalities referred to provincial production safety supervision and management departments registration authority) on coal mine safety certified safety engineers in the area of registration, practice activities, exercising supervision and management.
    Sixth more than 300 employees of the coal mine and non-coal mines, construction units and unit of production and management of dangerous goods shall, not less than proportion of 15% production management personnel with certified safety engineers; Safety Manager in less than 7 people, at least 1.
    Production and business operation entities other than those prescribed in the preceding paragraph, shall be equipped with safety engineers or entrust the safety agency certified safety engineers provide safety services to be chosen.
    Safety Agency shall, in accordance with of 30% safety professionals with certified safety engineers.
    Production and business operation entity and the Safety Agency (hereinafter referred to as the employing organization) for professional and technical personnel of the unit should be in a registered safety engineer qualification exams and continuing education for registered safety engineer registration, convenience.
    Chapter II registration article seventh qualified personnel, certified practitioners certificate and practicing seal rear to practise on behalf of the certified safety engineers.
    Persons applied for registration of the eighth article, you must meet the following conditions: (a) the qualifications, (ii) engaged in work safety management, safety in production and business operation entities work safety agency safety Working Party on professional services.
    Nineth classification register certified safety engineers, registered category includes: (a) mine safety, (ii) non-coal mine safety, (iii) construction safety; (d) the safety of dangerous goods, (v) other security.
    Tenth article made qualification certificate of personnel application registered, according to following program handle: (a) applicants to hired units proposed application, hired units agreed Hou, will applicants by this provides 11th article, and 13th article, and 14th article provides of application material submitted sector, and provincial registered institutions; central enterprise Corporation (plant, and group) by security regulatory General recognized, can will this enterprise applicants of application material directly submitted security regulatory General; applicants and hired units should on application material of authenticity is responsible for; (B) sectoral, provincial registration agency in the applicant's application materials, shall make a decision on whether to accept, and issue to the applicant a written certificate of application materials are incomplete or do not meet the requirements, shall, on the spot or within the 5th at once inform all applicants need to supplement content. Fails to inform the, shall be accepted as of the date of receipt of the application materials. Departments, provincial registries from the date of acceptance of the application in the 20th the initial verification and all application materials are submitted to the State administration of work safety, (iii) State administration of work safety since receiving departments, provincial registrars and Central enterprises Corporation (plant, group) within 20th days complete review of the submitted materials and make a decision in writing.
    For registration, since the date of the decision in the 10th, the issue of practising certificates and certified seal, and shall be published in the public media; not registered, shall state the reasons in writing.
    11th the initial registration the applicant shall submit the following materials: (a) the application for registration, (ii) eligibility certificate (copy); (c) the applicant's labor contract with the employer or hiring documents (copies); (d) the applicant's valid identity documents or identity (copy).
    The 12th of an applicant under any of the following circumstances shall not be registered: (a) does not have full capacity for civil conduct, (ii) falsifications during the registration process, and (c) simultaneously in two or more employers to apply for registration, and (iv) other circumstances as stipulated by the State administration of work safety shall be rejected for registration.
    13th registration is valid for 3 years from the date of registration. Registration expiration needs to extend registration, the applicant shall, before expiration, 30th, an applicant in accordance with the procedures laid down in article tenth.
    Registration and approval authority shall, before the expiry of decision on whether to approve the extension register; fails to make a decision, considered to approve the extension.
    Renewal of registration shall submit the following materials: (a) the application for registration, (ii) the applicant a practising certificate, (iii) the labor contract with the employer or the employment of the applicant (Xerox); (d) the employer duties during practice of the applicant issued by the evidence (v) documentation of registration within the period of validity to meet continuing education requirements. 14th during the term of registration, certified safety engineers change the practice unit, shall, in accordance with the procedures laid down in article tenth application, alteration registration procedures.
    Continued validity of the original registration after registration changes.
    Application to change registered, shall submit the following materials: (a) the application for registration, (ii) the applicant a practising certificate, (iii) the applicant and the original employment contract or dismissal certificate (photocopy), and (d) applicants with new employers sign labor contracts or documents (copies).
    Certified safety engineer in the formalities of the change of registration period shall not be practising.
    15th article has following case one of of, registered security engineers should timely told practice industry card and practice industry Seal issued organ; again has conditions of, according to this provides 11th article, and 14th article application again registered or change registered: (a) registered effective expires not continued registered of; (ii) hired units was revoked license of; (three) hired units was revoked corresponding qualification certificate of; (four) and hired units lifted labor relationship of.
    The 16th license issuing Office discovers any of the following circumstances, licensed and practicing seal should be recovered, and the cancellation of registration: (a) certified safety engineer is subject to criminal punishment; (ii) any of the provisions of this article 15th circumstances did not apply for re-registration or change of registration, and (iii) other circumstances as stipulated by laws and regulations.
    Certified registered safety engineer of the 17th chapter III scope of practice includes: (a) the production safety; (b) the safety checks and (iii) the safety assessment or security assessment; (d) security testing (v) safety technology consulting, services, (vi) education and training in production safety; (VII) other safety technical services stipulated by laws and regulations.
    18th certified safety engineer should be appointed by the employer and in accordance with the registration categories within the scope of practice under practice, and issued by various papers, reports, signed and sealed by the seal of practice.
    19th article production business units of following safety work, due registered security engineers participation and signed views: (a) developed safety regulations, and security technology operation and job procedures; (ii) troubleshooting accident hidden, developed rectification programme and security; (three) developed practitioners security training plans; (four) selection and issued labor protection supplies; (five) production security accident survey; (six) developed major dangerous source detection, and assessment, and monitoring measures and emergency rescue plans;
    (VII) other safety matters.
    20th registered safety engineer of an employing unit shall establish the practice file, ensure archive content authenticity. Fourth chapter right and obligations 21st article registered security engineers enjoys following right: (a) using registered security engineers title; (ii) engaged in provides range within of practice industry activities; (three) on practice industry in the found of not meet safety requirements of matters proposed views and recommends; (four) participate in continues to education; (five) using I of practice industry card and practice industry seal; (six) get corresponding of labor paid; (seven) on violations I right of behavior for complaints; (eight) legal, and regulations provides of other right
    Lee.
    22nd article registered security engineers should perform following obligations: (a) guarantee practice industry activities of quality, bear corresponding of responsibility; (ii) accept continues to education, constantly improve practice industry standard; (three) in I practice industry activities by formed of about report Shang signature; (four) maintenance national, and public of interests and employed units of lawful rights and interests of; (five) conservative practice industry activities in the of secret; (six) shall not rental, and lending, and altered, and variable made practice industry card and practice industry seal;
    (VII) shall simultaneously practising in two or more units are employed, and (VIII) other obligations under laws and regulations.
    Fifth chapter continuing education continuing education article 23rd according to class classification.
    Certified safety engineer in each registration period should take part in continuing education, time shall be not less than 48 hours. 24th continued education by sector, outline of provincial registries in accordance with the uniform implementation.
    Continuing education for registered safety engineer of the Central enterprises by central enterprises Corporation (plant, group) Organization.
    Continued education should be borne by qualified safety training agencies.
    25th article, non-coal mine safety of coal mine safety, safety of dangerous goods (except for the security of commercial blasting materials) and other continuing education for registered safety engineer safety class outline, formulated by the State administration of work safety organizations; construction construction safety, the safety of commercial blasting materials outline continuing education for registered safety engineer, organized by the State administration of work safety, in conjunction with relevant departments under the State Council developed.
    Sixth 26th supervision and management of production safety supervision and management departments, the coal mine safety supervision agency and the staff of the competent authorities should adhere to the principle of openness, justice and fairness, strictly in accordance with laws, administrative regulations, and the regulations, eligibility for registration personnel, the issue of practising certificates and certified seal.
    27th State administration of work safety to registration and cancellation of registration, revocation of registration, revocation list licensed people to society announcements, subject to public supervision.
    28th article on registered safety engineer practicing, work safety supervision and management departments, the coal mine safety supervision agency and the relevant competent authorities shall carry out supervision and inspection.
    Seventh chapter penalty 29th production safety supervision and administration departments, the coal mine safety supervision organization or relevant authorities found the applicant and employer to hide relevant information or provides false information to apply for registration, shall be inadmissible or not registered applicants shall not be registered apply again within a year.
    Article 30th without authorization on behalf of the certified safety engineers to practise without being registered, production safety supervision and management departments at or above the county level, relevant authorities or the coal mine safety supervision organizations ordered to stop illegal activities, illegal income shall be confiscated, and a fine of up to 30,000 yuan; losses caused shall bear liability.
    31st registered safety engineer by fraud, bribery or other improper means to obtain a practising certificate, production safety supervision and management departments at or above the county level, relevant authorities or at the coal mine safety supervision organization of less than 30,000 yuan fines; issued by a licensed authority to revoke its registration, the parties not registered again in three years. 32nd article registered security engineers has following behavior one of of, by County above safety supervision management sector, and about competent sector or coal mine security monitored institutions at 30,000 yuan following of fine; by practice industry card issued organ revoked its practice industry card, party five years within shall not again application registered; caused loss of, law bear compensation responsibility; constitute crime of, law held criminal: (a) allowed others to I name practice industry of; (ii) to personal name undertake business, and charged costs of; (three) rental, and lending
    , And altered, and variable made practice industry card and practice industry seal of; (four) leak practice industry process in the should conservative of secret and caused serious consequences of; (five) using practice industry of will, corruption, and bribes, and bribery or seek not due interests of; (six) provides false practice industry activities results of; (seven) beyond practice industry range or hired units business range engaged in practice industry activities of; (eight) legal, and regulations, and regulations provides of other violations.
    33rd in registered work, the staff of any of the following acts, in accordance with the relevant provisions of administrative sanctions: (a) the use of their positions, solicit or accept other person's property or to seek illegitimate benefits, (ii) to find an applicant who does not meet the requirements for registration, (iii) the eligible applicant shall be rejected for registration.
    Eighth chapter supplementary articles article 34th allowed in the People's Republic of China territory of employment of foreign personnel and Hong Kong S.A.R., and Macau S.A.R., and Taiwan area professionals, meet the requirements of these provisions, in accordance with this regulation. 35th article of the regulations come into force on March 1, 2007.
                                                Former State administration of work safety announced in 2004 the registered safety engineer regulation repealed simultaneously.