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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II WORK SAFETY CONDITIONS CHAPTER III APPLICATION AND ISSUANCE OF WORK SAFETY LICENSE CHAPTER IV SUPERVISION AND ADMINISTRATION CHAPTER V PUNISHMENT PROVISIONS CHAPTER VI SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. With a view to strictly regulating the work safety conditions of construction enterprises, strengthening supervision over and administration of work safety, and preventing and reducing work safety accidents, the present Provisions are formulated in accordance with the Regulation on Work Safety License, the Regulation on the of Work Safety Administration of Construction Projects and other relevant administrative regulations. Article 2. The state implements the system of work safety licensing to construction enterprises. Any construction enterprise that fails to obtain a work safety license shall not undertake construction activities. The construction enterprises as mentioned in the present Provisions shall refer to the enterprises that undertake such activities as civil engineering, construction projects, circuitry and pipelines, equipment installation projects and the activities of fitment projects such as making new buildings, expanding or restructuring buildings, dismantling, etc.. Article 3. The competent construction department of the State Council shall be responsible for the issuance and administration of work safety license of the construction enterprises under the Central Government. The competent department of construction of the people's government at a province, autonomous region, and municipality directly under the Central Government shall be responsible for the issuance and administration of the work safety licenses of the construction enterprises apart from those as prescribed in the preceding paragraph within their own administrative regions, and shall accept the guidance and supervision of the competent construction department of the State Council. The competent department of construction of the people's government of any city or county shall be responsible for the supervision and administration of the work safety licenses of the construction enterprises within its own administrative region, and shall report in time the illegal act of any enterprise found in the supervision and inspection to the administrative department in charge of the issuance of work safety license. CHAPTER II WORK SAFETY CONDITIONS Article 4. A construction enterprise shall have the following work safety conditions in order to obtain a work safety license: (1) Establishing and perfecting a work safety responsibility system, and formulating perfect work safety bylaws and operating rules; (2) Ensuring the input of capital needed for the work safety conditions of its own entity; (3) Setting up a work safety management institution, staffing full-time work safety management personnel according to the relevant state provisions; (4) The main responsible person, person-in-charge of the project, and the full-time work safety management personnel shall have passed the examination of the competent department of construction or other relevant departments; (5) The special operators shall have passed the examination of the relevant business departments in charge and obtained the qualification certificate for the operation of special work; (6) The management personnel and the operators shall accept work safety education training at least once a year and pass the examination; (7) Taking part in work-related injury insurance according to law, and handling according to law work-related injury insurance for the personnel who engage in dangerous work on the construction site, and paying insurance premium for the practicing personnel; (8) The office areas and living areas of the construction site and the operation place, the safety appliances, machinery equipment, construction machines and tools and the fittings comply with the requirements of relevant laws, regulations, standards and rules concerning work safety; (9) Having measures for the prevention and treatment of occupational danger, and equipping the operators with safety appliances and safety exposure suit that comply with the national standard or industrial standard; (10) Have prevention, control measures and contingency plans for the subsection or subentry projects as well as the part and link of the construction site with a major accident-prone; (11) Having emergency rescue preparedness plan for work safety accident, emergency rescue organization or emergency rescue personnel, and equipping them with necessary emergency rescue equipment or facilities; and (12) Other conditions as prescribed by laws and regulations. CHAPTER III APPLICATION AND ISSUANCE OF WORK SAFETY LICENSE Article 5. Before undertaking any construction activity, a construction enterprise shall file an application to the competent department of construction at or above the provincial level for obtaining a work safety license according to the present provisions. The construction enterprises (group corporations or parent companies) under the Central Government shall file an application to the competent construction department of the State Council for obtaining a work safety license. Other construction enterprises apart from those as prescribed in the preceding paragraph, including the construction enterprises subordinated to the construction enterprises (group corporations or parent companies) under the Central Government, shall file an application to the competent departments of construction of the people's governments at the provinces, autonomous regions or municipalities directly under the Central Government at the registration place of the enterprises for obtaining a work safety license. Article 6. A construction enterprise shall submit the following materials to the competent department of construction when applying for work safety license: (1) An application form for work safety license of construction enterprises; (2) The business license of the enterprise legal person; and (3) The relevant documents and materials as prescribed in Article 4. A construction enterprise shall, when applying for a work safety license, be responsible for the authenticity of the material contents of the application documents, and shall not conceal the relevant conditions or provide false materials. Article 7. The competent department of construction shall complete the examination within 45 days from the day of accepting the application of a construction enterprise; if the construction enterprise complies with the work safety conditions after examination, the work safety license shall be issued; if it does not comply with the work safety conditions, the work safety license shall not be issued to it, and the enterprise shall be notified in written form and be given an explanation. The enterprise shall make rectifications from the day of receiving the notice and may file an application again if it satisfies relevant conditions after rectification. Where the competent department of construction makes an examination on the application of a construction enterprise for work safety license, which involves railways, communications, water conservancy and other relevant professional projects, it may solicit the opinions of such relevant departments as the railway, communications and water conservancy, and etc. Article 8. The period of validity of a work safety license shall be three years. If the period of validity of the work safety license expires and needs to be extended, the enterprise shall apply to the former administrative department that issued the work safety license for going through the formalities for extension three months before the expiry. An enterprise shall, within the period of validity of the work safety license, strictly abide by the relevant laws and regulations on work safety. If no death accident occurs, the work safety license shall not be subject to examination upon the approval of the former administrative department that issued the work safety license at the time when the period of validity of the work safety license expires, the period of validity of the work safety license shall be extended for three years. Article 9. In case any construction enterprise alters its name, address, or legal representative, and etc., it shall, within 10 days after the alteration, go through the alteration formalities for the work safety license at the former administrative department that issued the work safety license. Article 10. In case any construction enterprise goes bankrupt, is closed down or is dissolved, it shall return the work safety license to the former administrative department that issued the work safety license for writing off. Article 11. If any construction enterprise loses its work safety license, it shall immediately report it to the former administrative department that issued the work safety license, and shall not apply for making it up until it has announced cancellation of the work safety license on a public media. Article 12. The application form for work safety license shall take the uniform format as prescribed by the Ministry of Construction. The work safety license shall take the uniform format as prescribed by the work safety supervision and administration department of the State Council. The work safety license shall have an original copy and a duplicate, which shall be of equal legal effect. CHAPTER IV SUPERVISION AND ADMINISTRATION Article 13. The competent department of construction of the people's government at or above the county level shall strengthen its supervision and administration of the work safety licenses of construction enterprises. The competent department of construction shall, when making examination and issuing a construction license, examine whether the already determined construction enterprise has obtained a work safety license. If the enterprise fails to obtain a work safety license, it shall not issue a construction license. Article 14. In case any construction enterprise that undertakes trans-provincial construction activity has any act in violation of the present Provisions, the competent department of construction of the people's government at the level of the province where the project is located shall send a copy and report the illegal facts, handling results and the handling suggestion of the construction enterprise in this area to the former administrative department that issues the work safety license. Article 15. A construction enterprise shall, after obtaining the work safety license, not lower the work safety condition, and shall strengthen routine work safety management and accept the supervision and inspection of the competent department of construction. In case the administrative department that issues the work safety license finds any enterprise does no longer have the work safety condition, it shall suspend or revoke the work safety license. Article 16. In case the administrative department that issued the work safety license or its upper level administrative department finds any of the following circumstances, it may revoke the work safety license that has been issued: (1) Any staff member of the administrative department that issues work safety licenses issues work safety license by abusing his duty or being derelict of his duty; (2) Issuing any work safety license exceeding legal power; (3) Issuing any work safety license in violation of legal procedures; (4) Issuing any work safety license to the construction enterprise that does not meet the work safety conditions; or (5) Other circumstances under which the work safety license that has been issued may be revoked according to law. In case the lawful rights and interests of any construction enterprise are injured due to the revocation of work safety license according to the preceding provisions, the competent department of construction shall give it compensation according to law. Article 17. The administrative department that issues work safety license shall establish and perfect the system of archival management on work safety licenses, and publicize the conditions on the enterprises' obtaining work safety license to the public periodically, and circulate a report to the work safety supervision and administration department at the corresponding level the issuance and administration on the work safety licenses of construction enterprises each year. Article 18. No construction enterprise may transfer or counterfeit any work safety license or use any counterfeited work safety license. Article 19. The staff members of the competent department of construction shall not seek for or accept the property of any construction enterprise or figure for other profits in the work for the issuance, administration and supervision and inspection of work safety licenses. Article 20. Any entity or individual shall have the right to report any act in violation of the present Provisions to the administrative department that issues work safety license or the supervision department and other relevant departments. CHAPTER V PUNISHMENT PROVISIONS Article 21. In case any staff member of the competent department of construction has any of the following acts in violation of the present Provisions, he shall be given an administrative punishment of degradation or removal from his/her post; if a crime is constituted, he shall be subject to criminal liabilities according to law: (1) Issuing work safety licenses to any construction enterprise that does not comply with the work safety conditions; (2) Failing to mete out punishment according to law to any construction enterprise who undertakes construction activities without obtaining a work safety license or without approval; (3) Failing to mete out punishment according to law to any construction enterprise that is found not to meet the work safety conditions but nonetheless have obtained a work safety license; (4) Failing to handle in time any act in violation of the present Measures after receiving a report thereon; or (5) Seeking for or accepting the property of any construction enterprise or seeking for other interests in the work for the issuance, administration, supervision and inspection of work safety licenses. In case any construction enterprise employs trickery which leads to any act as prescribed in item (1) of the preceding paragraph, the staff members of the competent department of construction shall not be subject to any punishment. Article 22. In case any construction enterprise that has obtained the work safety license suffers any major safety accident, its work safety license shall be suspended temporarily and it shall make rectification within a prescribed time. Article 23. In case any construction enterprise does not meet the work safety conditions any more, its work safety license shall be suspended and it shall make rectification within a prescribed time. If the circumstance is serious, its work safety license shall be revoked. Article 24. In case any construction enterprise, which violates the present Provisions and undertakes construction activities without obtaining a work safety license or without approval, it shall be ordered to stop constructing the project in process, confiscated the illegal gains, and given a fine of RMB 100,000 Yuan up to RMB 500,000 Yuan. If it has resulted in a great safety accident or other serious consequences, and thus a crime is constituted, it shall be subject to criminal liabilities according to law. Article 25. In case any construction enterprise, which, in violation of the present Provisions, fails to go through extension formalities at the expiry of the period of validity of its work safety license, and continues to undertake construction activities, it shall be ordered to stop constructing its project in process, made up extension formalities within a prescribed time limit, illegal gains confiscated, and imposed a fine of RMB 50,000 Yuan up to RMB 100,000 Yuan. If it still fails to go through extension formalities beyond the time limit, and continues to undertake construction activities, it shall be subject to the punishment as prescribed in Article 24 of the present Provisions. Article 26. In case any construction enterprise, which, in violation of the present Provisions, transfers its work safety license, its illegal gains shall be confiscated, and it shall fined RMB 100,000 Yuan up to RMB 500,000 Yuan, with its work safety license being revoked. If any crime is constituted, it shall be subject to criminal liabilities according to law. Any construction enterprise that accepts the transfer shall be subject to the punishment according to Article 24 of the present Provisions. In case any construction enterprise counterfeits the work safety license or uses forged work safety license, it shall be subject to the punishment according to the provisions of Article 24 of the present Provisions. Article 27. In case any construction enterprise, who, in violation of the present Provisions, applies for a work safety license by disguising the relevant conditions or providing false materials, the application shall not be accepted or the work safety license shall not be issued, and the construction enterprise shall be given warnings, and shall not apply for the work safety license within one year. In case any construction enterprise obtains its work safety license by cheating, bribery and other improper means, the work safety license shall be revoked, and the enterprise shall not apply for a work safety license again within three years. If any crime is constituted, it shall be subject to criminal liabilities according to law. Article 28. The administrative punishments of suspending or revoking the work safety license in the present Provisions shall be determined by the administrative department that issues work safety licenses, while other administrative punishment shall be determined by the competent department of construction of the local people's government at or above the county level. CHAPTER VI SUPPLEMENTARY PROVISIONS Article 29. Any construction enterprise that undertakes construction activities according to law before the implementation of the present Provisions shall, within one year from the day when the Regulation on Work Safety License (from January 13, 2004) is implemented, apply to the competent department of construction for handling its work safety license of the construction enterprise. If it fails to handle the work safety license when the time limit expires, or it does not comply with the work safety conditions as prescribed by the present Provisions after examination, and fails to obtain the work safety license, but continues to carry out construction activities, it shall be subject to the punishment according to the provisions of Article 24 of the present Measures. Article 30. The present Provisions shall be implemented as of the date of promulgation. |
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