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Implementation Measures For The Dangerous Chemical Production Enterprise Safety Production License

Original Language Title: 危险化学品生产企业安全生产许可证实施办法

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(May 17, 2004, State administration of work safety, the State administration of coal mine safety supervision Bureau released come into force on the date of promulgation, 10th) Chapter I General provisions article to strictly regulate the production of dangerous chemicals businesses safety conditions, dangerous chemical production enterprise of safety production license issued by management, in accordance with the regulations on safety production license and relevant laws, administrative regulations, formulate measures for its implementation.
Article manufacturing enterprises of dangerous chemicals must be in accordance with the implementing regulations to obtain safety licenses.
    Without safety production license, may not engage in production activities.
    Article awarded safety production license management work of enterprise applications, a two-level certification, the principle of jurisdictional supervision.
Fourth State production safety supervision and management departments to guide and supervise the national management of dangerous chemical production enterprise of safety production license issued, responsible for the central management of dangerous chemical production enterprise (Corporation, company, public company) the issuance and management of safety production license.
    Safety supervision and management departments of provinces, autonomous regions and municipalities (hereinafter referred to as the provincial safety production license issuing authority) is responsible for other than those provided for in the preceding paragraph of dangerous chemical enterprise safety in production permit issuance and management.
Fifth chapter safety conditions dangerous chemical production enterprise shall set up and perfect the main principal, in charge of Directors, safety managers, departments, job responsibility system for production safety.
Safety of dangerous chemical production enterprise in China should develop education, training and labor protection articles (), health care products, safety facilities, equipment, and workplace fire protection, antivirus, explosion protection and occupational health and safety inspection, rectification, accident investigations, safety regulations such as reward and punishment.
    Manufacturing enterprises of dangerous chemicals should be based on hazardous chemicals, production, technology, equipment and raw materials, auxiliary materials, product safety regulations for the preparation of the operation risk of (security operations) and complies with the relevant safety regulations for the operation of the standard provisions.
    Sixth of dangerous chemical production enterprise shall meet the safety requirements of safety investment.
    Seventh dangerous chemical production enterprise shall set up safety management agency staffed with full-time safety Manager.
    Eighth dangerous chemical production enterprise directors, safety knowledge and management capacity of managers shall be subject to examination.
    Nineth special operations personnel should be qualified by the relevant competent departments, special operations qualifications achieved.
    The tenth article of the measures for the implementation of article eighth to Nineth employees shall in accordance with the relevant provisions of the State other than the safety education and training and the examination.
    11th dangerous chemical production enterprise shall participate in work-related injury insurance, and pay insurance premiums for employees. 12th article dangerous chemicals production enterprise of plant, and job places and security facilities, and equipment, and process should meet following requirements: (a) national and province, and autonomous regions, and municipalities of planning and layout; (ii) in set district of city planning of specifically for dangerous chemicals production, and store of regional within; (three) dangerous chemicals of production device and store dangerous chemicals number constitute major dangerous source of store facilities, and following places, and regional of distance must meet about legal, and regulations, and regulations and standard of provides: 1. Densely populated residential areas, commercial centers, parks and other areas; 2. School, hospital, theater, Stadium (Hall) and other public facilities; 3. Water, water and water source protection area; 4. Stations, terminals (in accordance with State regulations, upon approval, unless it is specialized in the handling of dangerous chemicals by), the airport and the highway, railway and waterway transportation route, subway wind Pavilion and the entrance; 5. Basic farmland conservation area, livestock, fisheries, water and seeds, breeding livestock, aquatic seed production base 6. Rivers, lakes, scenic spots and nature reserves; 7. The military restricted zones and military administrative zones, 8.
Legal, and administrative regulations provides be protection of other regional; (four) meet about legal, and regulations, and regulations and standard of provides; (five) shall not used and using national expressly eliminated, and ban using of process, and equipment; (six) production, and store dangerous chemicals of workshop, and warehouse shall not and employees Hostel in same seat buildings within, and should and employees hostel keep meet provides of security distance; (seven) dangerous chemicals production device and store facilities of around protection distance meet about legal, and regulations, and regulations and standard of provides;
    (H) fire-fighting design of building works require the acceptance of public security fire control institutions.
    13th dangerous chemical production enterprise shall have appropriate facilities for protection against occupational hazards, and equip employees with compliance with the relevant national standard or industry standard provision of PPE.
    14th dangerous chemical production enterprise shall conduct safety evaluations.
15th of dangerous chemical production enterprise shall, in accordance with the relevant national standards, identification, identifying major hazards of the enterprise.
    For the identified major hazards, shall comply with the relevant national laws, regulations, rules and standards on detection, evaluation, and monitoring measures, periodic testing and examination, and the establishment of major hazard detection, check the archives.
16th article dangerous chemicals production enterprise on its may occurred of production security accident, should take following measures: (a) according to national about provides prepared dangerous chemicals accident and other production security accident emergency rescue plans; (ii) has emergency rescue organization or emergency rescue personnel; (three) large flammable, and easy burst chemicals production enterprise and distance local police fire team more far of large dangerous chemicals production enterprise due full-time fire brigade, other dangerous chemicals production enterprise should according to actual need has obligations fire team;
    (D) with the necessary emergency rescue equipment, equipment.
Chapter III safety production license application and issue the 17th central management of dangerous chemical production enterprise (Corporation, Corporation, public companies) application for a safety license, to apply to the State production safety supervision and administration departments.
Central management of dangerous chemical production enterprise (Corporation, company, public company) belongs to branch offices, subsidiaries and branches, subsidiary production unit under the application for a safety license by the central management of dangerous chemical production enterprise of branch offices, subsidiaries, respectively apply to the provincial safety production license issued by the management authority.
    Central management of dangerous chemical production enterprise of other dangerous chemical production enterprise and its branch offices, subsidiaries and branches, subsidiary production unit under the application for a safety license, by the dangerous chemical production enterprise or its subsidiaries to the agencies for the provincial safety production license management. 18th article dangerous chemicals production enterprise application received security production license, should submitted following file, and information, and on its authenticity is responsible for: (a) security production license applications (a type three copies); (ii) various security production file (copy pieces); (three) safety management regulations and operation listing; (four) set safety management institutions and equipped with full-time safety management personnel of file (copy pieces); (five) main head, and safety management personnel, and
Special operations personnel documentation of examinations; (vi) pay industrial injury insurance for the employees of the relevant supporting documents; (g) the safety assessment report issued by a qualified intermediary; (h) the hazardous chemical accident emergency rescue plans;
    (I) the copy of the business license or authorizations for industry and Commerce (copies).
19th article security production license issued management organ on applicants submitted of applications and the file, and information, should according to following provides respectively processing: (a) application matters not belongs to this organ terms range of, should rates issued not accepted of written voucher, and told applicants to corresponding of security production license issued management organ application; (ii) application material exists can spot corrections of errors of, should allows or requirements applicants spot corrections, and rates issued accepted of written voucher;
    (Three) application material not complete or not meet requirements of, should spot or in 5 a days within written once told applicants need correction of all content, late not told of of, since received application material of day up that for accepted; (four) application material complete, and meet requirements or according to requirements all correction of, since received application material or all correction material of day up for accepted.
    An application has been accepted by the 20th, licensing agency for issue and administration of production safety should be in consent of the dangerous chemical production enterprise local government work safety supervision and management departments or relevant departments agreed, assigning personnel to review application materials and work safety conditions; need to review, to the site should be reviewed.
21st related personnel should be responsible for reviewing articles submitted to the Security Agency for issue and administration of production license review.
Licensing Agency for issue and administration of production safety review comments by the persons concerned should be discussed, and accepting the application within 45 business days from the date of issuing or not issuing safety licenses decisions.
    Decisions issued by licensing agency for issue and administration of production safety shall, within 10 working days from the date of the decision served or notified the applicant the safety license; shall not be issued, shall notify the applicant in writing and state the reasons in writing within 10 working days.
    22nd, upon examination in accordance with the measures for the implementation of provisions of the Licensing Agency for issue and administration of production safety shall be respectively to the dangerous chemical production enterprise and its branch offices, subsidiaries and branches, subsidiary production units issued under the safety production license. 23rd safety production license is valid for 3 years.
    Safety production license effective date continue to produce hazardous chemicals should be in safe production licence before the expiry of 3 months, in accordance with the provisions of article 17th to the safety production license issuing authority submitted the extension application and submit the measures for the implementation of article 18th files, information and safety production license copy.
    The 24th has accepted the extension of the application, licensing agency for issue and administration of production safety shall, in accordance with the measures for the implementation of the 20th, the provisions of article 21, 22 safety production license renewal.
25th dangerous chemical production enterprise safety production license validity period that meets the following conditions, safety when the license expires, the original safe production licensing authority agrees, no longer censor, directly go through formalities for extension: (a) strict compliance with laws and regulations relating to safety and the measures for its implementation, (ii) access to safe production license, strengthen daily safety management without reducing safety conditions;
    (C) the safety production license issued by the management authorities and the local Government of the supervision and inspection of production safety supervision and management departments, and (iv) no fatalities occurred.
26th dangerous chemical production enterprise safety production licence is valid within one of the following circumstances shall apply to the Agency for issue and administration of safe production licenses to change safety licenses: (a) change the primary owner, (ii) change of affiliation, (iii) change of business name; (d) construction, reconstruction and expansion projects by acceptance.
Change the first paragraph of this section (a), (b), (c), since the business license application within 10 working days from the date of change; change the first paragraph of this section (d), should be in construction, reconstruction and expansion projects made within 10 working days after acceptance of the application.
    Application change this article first paragraph subsection (a) items of, should provides change Hou of business license copy and main head assessment qualified proved material; application change this article first paragraph subsection (ii), and (three) items of, should provides change Hou of business license copy; application change this article first paragraph subsection (four) items of, should submitted and construction project related of file, and information.
These approaches are already accepted by the 27th 26th the first paragraph of article (a), (b), (c) the requested change, safe production licensing authority in the applicant's file, data review, can receive a safety license change procedures.
    Has accepted these measures the 26th article paragraph (d) of the change request, licensing agency for issue and administration of production safety shall, in accordance with the measures for the implementation of the 20th, the provisions of article 21, 22 safety production license change procedures.
    28th decided to approve, change, safe production license, licensing agency for issue and administration of production safety shall recover the original safety production license, renew safe production license.
29th copy into the dangerous chemical enterprise safety in production permit, have the same legal effect, for hanging the originals, copies folded.
Dangerous chemical production enterprise safety production license by the State production safety supervision and administration departments unified printed and numbered.
    Dangerous chemical production enterprise safety in production licence applications, extension of review books, applications, application for amendment by the State production safety supervision and administration departments unified format.
    Fourth chapter, supervision and management of safety production license article 30th has been completed and put into production during the production license for hazardous chemical production industry in the application security, shall make to ensure safety; do not meet the safety requirements, corrective action should be carried out and to establish security measures; by rectification does not have the conditions for safe production, not for production.
    31st of dangerous chemical production enterprise shall not be transferred, used, buy, sell, lease, lend, or use falsified safety production license.
32nd safe production licensing authority should be open, fair and impartial principle, strictly in accordance with the provisions of these measures for the implementation of the review, issuing safety licenses.
    Staff of the Licensing Agency for issue and administration of production safety in safety production license issuing, management, supervision and inspection work, the property shall not solicit or accept dangerous chemical production enterprise shall not seek other benefits.
    33rd article security production license issued management organ found has following case one of of, should revoked has issued of security production license: (a) beyond terms issued security production license of; (ii) violation this implementation approach provides of program issued security production license of; (three) not has this implementation approach provides of safety conditions issued security production license of; (four) to cheat, and bribery, not due means made security production license of.
    Article 34th dangerous chemical production enterprise of safety production license of any of the following circumstances, licensing agency for issue and administration of production safety shall cancel its safety production license: (a) terminate the production of hazardous chemicals and (ii) safety production license was revoked, and (iii) the safety production license was revoked.
    35th dangerous chemical production enterprise to hide relevant information or provides false information to apply for safety production license, licensing agency for issue and administration of production safety was inadmissible, the enterprise may not apply again for a safety license in one year.
    36th district of the city and County work safety supervision and management departments to obtain safety licenses within their respective administrative areas of daily supervision and inspection of hazardous chemical production industry, and will monitor safety problems discovered in the inspection reports licensing authority.
    37th Security Agency for issue and administration of production license to the public once every 6 months access to dangerous chemical production enterprise of safety production license.
    38th safe production licensing agency should be dangerous chemical production enterprise safety production license issued by dangerous chemical production enterprise management briefing local people's Governments at and above the County work safety supervision and management departments.
    39th Agency for issue and administration of safe production licenses shall strengthen the supervision and management of dangerous chemical enterprise safety in production permit, establish and improve the management of dangerous chemical enterprise safety in production permit files system.
    40th of provinces, autonomous regions and municipalities work safety supervision and management departments should be before January 15 of each year, within their administrative regions year on dangerous chemical production enterprise of safety production license issuance and management of production safety supervision and management departments of the State Council.
    41st supervisory authorities in accordance with the provisions of the administrative supervision law of the people's Republic, on safety production license issued by administrative organs and their staff carry out the safety production license regulations and the measures for its implementation responsibilities under the monitor.
    42nd article of any units or individuals for violations of the regulations on the safety production license and the measures for the implementation of the provisions of, and right to safe production licensing management or a supervisory authority and other relevant departments.
Fifth chapter penalty is 43rd article security production license issued management organ staff has following behavior one of of, give downgraded or dismissed of administrative sanctions; constitute crime of, law held criminal: (a) to not meet this implementation approach provides of safety conditions of dangerous chemicals production enterprise issued security production license of; (ii) found dangerous chemicals production enterprise not law made security production license unauthorized engaged in production activities, not law processing of;
    (Three) found made security production license of dangerous chemicals production enterprise no longer has this implementation approach provides of safety conditions, not law processing of; (four) received on violation this implementation approach provides behavior of reported Hou, not timely processing of; (five) in security production license issued, and management and supervision check work in the, obtained or accept dangerous chemicals production enterprise of property, or seek other interests of. 44th article bear security evaluation, and detection, and test work of institutions, issued false security evaluation, and detection, and test report or proved, constitute crime of, in accordance with criminal about provides held criminal; is enough criminal punishment of, confiscated illegal proceeds, illegal proceeds in 5000 Yuan above of, and at illegal proceeds twice times above 5 times times following of fine, no illegal proceeds or illegal proceeds insufficient 5000 Yuan of, single at or and at 5000 Yuan above 20,000 yuan following of fine
; Directly responsible to the head of personnel and other persons directly responsible for more than 5000 Yuan to 50,000 yuan fine, harm is done to others, with joint and several liability for dangerous chemical production enterprise.
    For organizations where there are violations of the preceding paragraph, revoke the corresponding qualifications.
    Article 45th dangerous chemical production enterprise of safety production license does not have the measures for the implementation of the fifth paragraph first to second and sixth to 11th stipulates that one of the conditions for safe production, with a warning and ordered corrective action and fines of between 10,000 yuan and 30,000 yuan.
    46th article made security production license of dangerous chemicals production enterprise has following behavior one of of, temporarily buckle its security production license and deadline rectification: (a) occurred major accident of; (ii) not has this implementation approach fifth article third paragraph and 12th article to 16th article provides of safety conditions one of of; (three) this implementation approach 45th article provides ordered rectification and not for rectification of.
47th article made security production license of dangerous chemicals production enterprise has following behavior one of of, revoked its security production license: (a) reselling, and rental, and lending or to other form illegal transfer security production license of; (ii) provides false proved file or take other cheat means, made security production license of; (three) temporarily buckle security production license Hou not regular rectification or late still not has this implementation approach provides of safety conditions of.
    The preceding paragraph (a), (b) acts, illegal income shall be confiscated, and a fine of less than 100,000 yuan and 500,000 yuan constitutes a crime, criminal responsibility shall be investigated according to law.
    48th article dangerous chemicals production enterprise has following behavior one of of, ordered stop production, confiscated illegal proceeds, and at 100,000 yuan above 500,000 yuan following of fine; caused major accident or other serious consequences, constitute crime of, law held criminal: (a) not made security production license, unauthorized for dangerous chemicals production of; (ii) accept transfer of security production license of; (three) take with security production license of; (four) using forged security production license of.
    49th dangerous chemical production enterprise safety production licence expires without renewal, continued production, shall be ordered to stop production, 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, to continue production, punished in accordance with the provisions of article 48th.
50th of dangerous chemical production enterprise safety production license validity period, directors, affiliations and corporate name changes, not complying with the provisions of these measures for the implementation of applications, handling procedures, and ordered to go through the procedures of alteration, and fines of between 10,000 yuan and 30,000 yuan.
    Hazardous chemical production industry, renovation and expansion projects have been accepted, not according to the provisions of these measures for the implementation of applications, handling the change into production without authorization shall be ordered to stop production deadlines for handling change and fines of between 10,000 yuan and 30,000 yuan; late still does not change the handling, to continue production, punished in accordance with the provisions of article 48th.
    51st article security production license Ordinance purposes Qian has for production of dangerous chemicals production enterprise, should in on January 13, 2005 Qian, according to this implementation approach of provides to security production license issued management organ application handle security production license; late not handle security production license or by review not meet this implementation approach of provides, not made security production license continues to for production of, in accordance with this approach 48th article provides punishment.
Implementation measures for the sixth chapter supplementary articles article 52nd the following terms mean: chemicals, refers to the various chemical elements, compounds and mixtures made up of elements, including natural or man-made.
Hazardous chemicals, is a flammable, explosive, toxic, harmful or corrosive properties will cause harm or damage to personnel, facilities, environmental chemicals, including explosives, compressed gases, liquefied gases, flammable liquids, flammable solids, Spontaneously Combustible and flammable when wet, oxidizers and organic peroxides, toxic and corrosive substances.
Dangerous chemical production enterprise, means established by law and obtained business license of hazardous chemicals in production of enterprises, including final products or intermediate products in the production of hazardous chemicals of the hazardous chemicals list enterprises.
Intermediate product, is a dangerous chemical production enterprise in order to meet the needs of production, the production of one or more products as a raw material for the next production process involved in chemical reactions.
List of hazardous chemicals, and refers to the State production safety supervision and management departments in accordance with the regulations on the safety management of dangerous chemicals published lists of hazardous chemicals.
Dangerous chemicals production unit, refers to the dangerous chemical production enterprise or its affiliates, subsidiaries belong to units of production cost accounting.
    Workplaces where hazardous chemical production industry, refers to any job in China may cause exposure to dangerous chemicals activities, including the production, operation, disposal of hazardous chemicals, storage, handling, transport, waste disposal and treatment of hazardous chemicals, and other places. 
    53rd of the safety production license Ordinance provisions of and the measures for the implementation of administrative punishments, and safety production license issued by administrative bodies. 54th these measures come into force on the date of promulgation.