No. 397
The "Safe Production License Regulations" was passed at the 34th executive meeting of the State Council on January 7, 2004. It is hereby promulgated and will be implemented as of the date of promulgation.
Premier Wen Jiabao January 13, 2004
Safety Production License Regulation
Article 1 In order to strictly regulate safe production conditions, further strengthen safety production supervision and management, and prevent and reduce production safety accidents, these Regulations are formulated in accordance with the relevant provisions of the "Safe Production Law of the People's Republic of China".
Article 2 The State implements a safety production licensing system for mining enterprises, construction companies, and dangerous chemicals, fireworks, and civil explosive equipment manufacturers (hereinafter collectively referred to as enterprises).
If the enterprise does not obtain a safety production license, it shall not engage in production activities.
Article 3 The State Council's work safety supervision and administration department shall be responsible for the issuance and management of non-coal mine enterprises and safety production licenses for dangerous chemicals and fireworks and firecrackers produced by the central government.
The production safety supervision and administration department of the people's government of the autonomous region or municipality directly under the Central Government shall be responsible for the issuance and management of non-coal mining enterprises and safety production licenses for dangerous chemicals and fireworks and firecrackers outside the provisions of the preceding paragraph, and shall be subject to the guidance of the State Council's production safety supervision and administration department. Supervision.
The National Coal Mine Safety Supervision Agency is responsible for the issuance and management of the safety production licenses of coal mines managed by the central government.
The coal mine safety supervision institutions established in the autonomous regions and municipalities directly under the Central Government shall be responsible for the issuance and management of safety production licenses of other coal mining enterprises other than those stipulated in the preceding paragraph, and shall be subject to the guidance and supervision of the State Coal Mine Safety Supervision Organization.
Article 4 The competent department of construction under the State Council shall be responsible for the issuance and management of the safety production licenses of the construction enterprises under the central management.
The competent department of construction of the people's government of the autonomous region or municipality directly under the Central Government shall be responsible for the issuance and management of the safety production licenses of construction enterprises other than those stipulated in the preceding paragraph, and shall be subject to the guidance and supervision of the competent department of construction under the State Council.
Article 5 The competent department of national defense science and technology industry of the State Council shall be responsible for the issuance and management of the safety production license for civilian blasting equipment manufacturing enterprises.
Article 6 An enterprise that has obtained a safe production license shall have the following safe production conditions:
(1) Establish and improve the responsibility system for production safety, and formulate complete safety production rules and regulations and operating procedures;
(2) Safety inputs meet safety production requirements;
(3) Setting up a safety production management organization with full-time safety production management personnel;
(4) The main person in charge and the safety production management personnel have passed the examination;
(5) The special operation personnel have passed the examination of the competent competent department of the relevant business and obtained the qualification certificate for special operation;
(6) Qualified employees are qualified for safety production education and training;
(7) Participating in work-related injury insurance according to law and paying insurance premiums for employees;
(8) The plant, working place and safety facilities, equipment and processes meet the requirements of relevant safety production laws, regulations, standards and regulations;
(9) Having occupational hazard prevention measures, and providing labor protection articles for employees to meet national or industrial standards;
(10) Conducting safety evaluation according to law;
(11) There are major hazard source detection, assessment, monitoring measures and emergency plans;
(12) There are emergency rescue plans for production safety accidents, emergency rescue organizations or emergency rescue personnel, equipped with necessary emergency rescue equipment and equipment;
(13) Other conditions stipulated by laws and regulations.
Article 7 Before undertaking production, an enterprise shall apply to the production safety license issuing authority for a safety production license in accordance with the provisions of these Regulations, and provide relevant documents and materials as stipulated in Article 6 of these Regulations. The administrative authority for the issuance of safety production licenses shall complete the examination within 45 days from the date of receipt of the application. If the safety production conditions stipulated in these Regulations are examined and approved, a safety production license shall be issued; if it does not meet the safety production conditions stipulated in these Regulations, Issue a safety production license, notify the company in writing and explain the reasons.
Coal mining enterprises shall, with the mine (well) as the unit, obtain a safety production license in accordance with the provisions of these Regulations before applying for a coal production license.
Article 8 The safety production license shall be uniformly regulated by the safety production supervision and administration department of the State Council.
Article 9 The period of validity of a safe production license is 3 years. If the period of validity of the safety production license needs to be postponed, the enterprise shall go through the formalities for extension to the original safety production license issuance authority 3 months before the expiration of the period.
During the period of validity of the safety production license, the enterprise strictly abides by the laws and regulations concerning safety production. When a fatal accident occurs at the end, when the validity period of the safety production license expires, the original safety production license issuance authority agrees, no longer examines, and the safety production license The validity period of the certificate is extended by 3 years.
Article 10 The administrative organ for the issuance of safe production licenses shall establish and improve the management system for the records of production safety licenses, and regularly announce to the public the situation in which enterprises obtain safety production licenses.
Article 11 The coal mine enterprise safety production license issuance management authority, the construction enterprise safety production license issuance management authority, and the civil blasting equipment production enterprise safety production license issuance authority shall notify the safety production supervision and administration department at the same level every year. The issuance and management of safety production licenses.
Article 12 The safety production supervision and administration department of the State Council and the safety production supervision and administration department of the people's government of the autonomous region or municipality directly under the Central Government shall supervise the construction construction enterprises, civilian blasting equipment production enterprises and coal mining enterprises to obtain safety production licenses.
Article 13 An enterprise may not transfer or fraudulently use a safe production license or use a forged safety production license.
Article 14 After obtaining a safe production license, an enterprise shall not reduce the conditions for safe production, and shall strengthen daily safety production management and accept supervision and inspection by the authority for issuing production safety licenses.
The administrative authority for the issuance of safety production licenses shall strengthen the supervision and inspection of enterprises that have obtained safety production licenses and find that they no longer have the safe production conditions stipulated in these Regulations, and shall temporarily suspend or revoke the safety production licenses.
Article 15 The staff of the administrative organization for the issuance of safety production licenses shall not request or accept the property of the enterprise in the issuance, management, supervision and inspection of the safety production license, and shall not seek other interests.
Article 16 The supervisory organ shall, in accordance with the provisions of the Administrative Supervision Law of the People's Republic of China, supervise the performance of the administrative organs for the issuance of safety production licenses and their staff in fulfilling the duties stipulated in these Regulations.
Article 17 Any unit or individual shall have the right to report to the administrative department for the issuance of safety production licenses or the relevant departments of the supervisory organs and other departments for violations of the provisions of these Regulations.
Article 18 If a staff member of a safety production license issuance authority has one of the following acts, he shall be given administrative sanctions for downgrading or dismissal; if a crime is constituted, criminal responsibility shall be investigated according to law:
(1) issuing safety production licenses to enterprises that do not meet the safety production conditions stipulated in these Regulations;
(2) discovering that the enterprise has not obtained the safety production license according to law and engaged in production activities without authorization;
(3) It is found that the enterprises that have obtained the safety production license no longer have the safe production conditions stipulated in these Regulations and are not handled according to law;
(4) failing to deal with the report in violation of the provisions of these Regulations;
(5) In the work of issuing, managing, supervising and inspecting the safety production license, requesting or accepting the property of the enterprise or seeking other interests.
Article 19 Whoever violates the provisions of these Regulations and fails to obtain a safe production license to carry out production without authorization shall be ordered to stop production, confiscate the illegal income, and impose a fine of not less than 100,000 yuan but not more than 500,000 yuan; causing major accidents or other serious consequences. Whoever commits a crime shall be investigated for criminal responsibility according to law.
Article 20 In case of violation of the provisions of these Regulations, if the safety production license expires without expiration, if the production continues, the production shall be ordered to stop production, the extension procedures shall be renewed within a time limit, the illegal income shall be confiscated, and a fine of not less than 50,000 yuan but not more than 100,000 yuan shall be imposed. If the application is not processed within the time limit and the production is continued, the punishment shall be imposed in accordance with the provisions of Article 19 of these Regulations.
Article 21 Whoever violates the provisions of these Regulations and transfers a safe production license shall confiscate the illegal income, impose a fine of not less than 100,000 yuan and less than 500,000 yuan, and revoke its safe production license; if it constitutes a crime, it shall be investigated for criminal responsibility according to law; If the transfer is accepted, it shall be punished in accordance with the provisions of Article 19 of these Regulations.
Whoever fraudulently uses a safe production license or uses a forged safety production license shall be punished in accordance with the provisions of Article 19 of these Regulations.
Article 22 An enterprise that has already carried out production before the implementation of these Regulations shall, within one year from the date of implementation of these Regulations, apply to the production safety license issuing authority for safe production license in accordance with the provisions of these Regulations; If the production license or the safety production conditions that are not in compliance with the provisions of these Regulations are examined and the safety production license is not obtained and the production continues, the penalty shall be imposed in accordance with the provisions of Article 19 of these Regulations.
Article 23 The administrative penalties prescribed in these Regulations shall be determined by the administrative authority for the issuance of safety production licenses.
Article 24 These Regulations shall come into force as of the date of promulgation.
The authenticity of this information has not been confirmed by the international electrical network, for your reference only.
The "Safe Production License Regulations" was passed at the 34th executive meeting of the State Council on January 7, 2004. It is hereby promulgated and will be implemented as of the date of promulgation.
Premier Wen Jiabao January 13, 2004
Safety Production License Regulation
Article 1 In order to strictly regulate safe production conditions, further strengthen safety production supervision and management, and prevent and reduce production safety accidents, these Regulations are formulated in accordance with the relevant provisions of the "Safe Production Law of the People's Republic of China".
Article 2 The State implements a safety production licensing system for mining enterprises, construction companies, and dangerous chemicals, fireworks, and civil explosive equipment manufacturers (hereinafter collectively referred to as enterprises).
If the enterprise does not obtain a safety production license, it shall not engage in production activities.
Article 3 The State Council's work safety supervision and administration department shall be responsible for the issuance and management of non-coal mine enterprises and safety production licenses for dangerous chemicals and fireworks and firecrackers produced by the central government.
The production safety supervision and administration department of the people's government of the autonomous region or municipality directly under the Central Government shall be responsible for the issuance and management of non-coal mining enterprises and safety production licenses for dangerous chemicals and fireworks and firecrackers outside the provisions of the preceding paragraph, and shall be subject to the guidance of the State Council's production safety supervision and administration department. Supervision.
The National Coal Mine Safety Supervision Agency is responsible for the issuance and management of the safety production licenses of coal mines managed by the central government.
The coal mine safety supervision institutions established in the autonomous regions and municipalities directly under the Central Government shall be responsible for the issuance and management of safety production licenses of other coal mining enterprises other than those stipulated in the preceding paragraph, and shall be subject to the guidance and supervision of the State Coal Mine Safety Supervision Organization.
Article 4 The competent department of construction under the State Council shall be responsible for the issuance and management of the safety production licenses of the construction enterprises under the central management.
The competent department of construction of the people's government of the autonomous region or municipality directly under the Central Government shall be responsible for the issuance and management of the safety production licenses of construction enterprises other than those stipulated in the preceding paragraph, and shall be subject to the guidance and supervision of the competent department of construction under the State Council.
Article 5 The competent department of national defense science and technology industry of the State Council shall be responsible for the issuance and management of the safety production license for civilian blasting equipment manufacturing enterprises.
Article 6 An enterprise that has obtained a safe production license shall have the following safe production conditions:
(1) Establish and improve the responsibility system for production safety, and formulate complete safety production rules and regulations and operating procedures;
(2) Safety inputs meet safety production requirements;
(3) Setting up a safety production management organization with full-time safety production management personnel;
(4) The main person in charge and the safety production management personnel have passed the examination;
(5) The special operation personnel have passed the examination of the competent competent department of the relevant business and obtained the qualification certificate for special operation;
(6) Qualified employees are qualified for safety production education and training;
(7) Participating in work-related injury insurance according to law and paying insurance premiums for employees;
(8) The plant, working place and safety facilities, equipment and processes meet the requirements of relevant safety production laws, regulations, standards and regulations;
(9) Having occupational hazard prevention measures, and providing labor protection articles for employees to meet national or industrial standards;
(10) Conducting safety evaluation according to law;
(11) There are major hazard source detection, assessment, monitoring measures and emergency plans;
(12) There are emergency rescue plans for production safety accidents, emergency rescue organizations or emergency rescue personnel, equipped with necessary emergency rescue equipment and equipment;
(13) Other conditions stipulated by laws and regulations.
Article 7 Before undertaking production, an enterprise shall apply to the production safety license issuing authority for a safety production license in accordance with the provisions of these Regulations, and provide relevant documents and materials as stipulated in Article 6 of these Regulations. The administrative authority for the issuance of safety production licenses shall complete the examination within 45 days from the date of receipt of the application. If the safety production conditions stipulated in these Regulations are examined and approved, a safety production license shall be issued; if it does not meet the safety production conditions stipulated in these Regulations, Issue a safety production license, notify the company in writing and explain the reasons.
Coal mining enterprises shall, with the mine (well) as the unit, obtain a safety production license in accordance with the provisions of these Regulations before applying for a coal production license.
Article 8 The safety production license shall be uniformly regulated by the safety production supervision and administration department of the State Council.
Article 9 The period of validity of a safe production license is 3 years. If the period of validity of the safety production license needs to be postponed, the enterprise shall go through the formalities for extension to the original safety production license issuance authority 3 months before the expiration of the period.
During the period of validity of the safety production license, the enterprise strictly abides by the laws and regulations concerning safety production. When a fatal accident occurs at the end, when the validity period of the safety production license expires, the original safety production license issuance authority agrees, no longer examines, and the safety production license The validity period of the certificate is extended by 3 years.
Article 10 The administrative organ for the issuance of safe production licenses shall establish and improve the management system for the records of production safety licenses, and regularly announce to the public the situation in which enterprises obtain safety production licenses.
Article 11 The coal mine enterprise safety production license issuance management authority, the construction enterprise safety production license issuance management authority, and the civil blasting equipment production enterprise safety production license issuance authority shall notify the safety production supervision and administration department at the same level every year. The issuance and management of safety production licenses.
Article 12 The safety production supervision and administration department of the State Council and the safety production supervision and administration department of the people's government of the autonomous region or municipality directly under the Central Government shall supervise the construction construction enterprises, civilian blasting equipment production enterprises and coal mining enterprises to obtain safety production licenses.
Article 13 An enterprise may not transfer or fraudulently use a safe production license or use a forged safety production license.
Article 14 After obtaining a safe production license, an enterprise shall not reduce the conditions for safe production, and shall strengthen daily safety production management and accept supervision and inspection by the authority for issuing production safety licenses.
The administrative authority for the issuance of safety production licenses shall strengthen the supervision and inspection of enterprises that have obtained safety production licenses and find that they no longer have the safe production conditions stipulated in these Regulations, and shall temporarily suspend or revoke the safety production licenses.
Article 15 The staff of the administrative organization for the issuance of safety production licenses shall not request or accept the property of the enterprise in the issuance, management, supervision and inspection of the safety production license, and shall not seek other interests.
Article 16 The supervisory organ shall, in accordance with the provisions of the Administrative Supervision Law of the People's Republic of China, supervise the performance of the administrative organs for the issuance of safety production licenses and their staff in fulfilling the duties stipulated in these Regulations.
Article 17 Any unit or individual shall have the right to report to the administrative department for the issuance of safety production licenses or the relevant departments of the supervisory organs and other departments for violations of the provisions of these Regulations.
Article 18 If a staff member of a safety production license issuance authority has one of the following acts, he shall be given administrative sanctions for downgrading or dismissal; if a crime is constituted, criminal responsibility shall be investigated according to law:
(1) issuing safety production licenses to enterprises that do not meet the safety production conditions stipulated in these Regulations;
(2) discovering that the enterprise has not obtained the safety production license according to law and engaged in production activities without authorization;
(3) It is found that the enterprises that have obtained the safety production license no longer have the safe production conditions stipulated in these Regulations and are not handled according to law;
(4) failing to deal with the report in violation of the provisions of these Regulations;
(5) In the work of issuing, managing, supervising and inspecting the safety production license, requesting or accepting the property of the enterprise or seeking other interests.
Article 19 Whoever violates the provisions of these Regulations and fails to obtain a safe production license to carry out production without authorization shall be ordered to stop production, confiscate the illegal income, and impose a fine of not less than 100,000 yuan but not more than 500,000 yuan; causing major accidents or other serious consequences. Whoever commits a crime shall be investigated for criminal responsibility according to law.
Article 20 In case of violation of the provisions of these Regulations, if the safety production license expires without expiration, if the production continues, the production shall be ordered to stop production, the extension procedures shall be renewed within a time limit, the illegal income shall be confiscated, and a fine of not less than 50,000 yuan but not more than 100,000 yuan shall be imposed. If the application is not processed within the time limit and the production is continued, the punishment shall be imposed in accordance with the provisions of Article 19 of these Regulations.
Article 21 Whoever violates the provisions of these Regulations and transfers a safe production license shall confiscate the illegal income, impose a fine of not less than 100,000 yuan and less than 500,000 yuan, and revoke its safe production license; if it constitutes a crime, it shall be investigated for criminal responsibility according to law; If the transfer is accepted, it shall be punished in accordance with the provisions of Article 19 of these Regulations.
Whoever fraudulently uses a safe production license or uses a forged safety production license shall be punished in accordance with the provisions of Article 19 of these Regulations.
Article 22 An enterprise that has already carried out production before the implementation of these Regulations shall, within one year from the date of implementation of these Regulations, apply to the production safety license issuing authority for safe production license in accordance with the provisions of these Regulations; If the production license or the safety production conditions that are not in compliance with the provisions of these Regulations are examined and the safety production license is not obtained and the production continues, the penalty shall be imposed in accordance with the provisions of Article 19 of these Regulations.
Article 23 The administrative penalties prescribed in these Regulations shall be determined by the administrative authority for the issuance of safety production licenses.
Article 24 These Regulations shall come into force as of the date of promulgation.
The authenticity of this information has not been confirmed by the international electrical network, for your reference only.
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