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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II PRODUCTION CHAPTER III SALE AND PURCHASE CHAPTER IV TRANSPORT CHAPTER V BLASTING OPERATIONS CHAPTER VI STORAGE CHAPTER VII LEGAL LIABILITIES CHAPTER VIII SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. The present Regulation is formulated in order to intensify the safety administration of explosives for civilian use, prevent any blasting accident and safeguard the safety of the lives and properties of citizens as well as the public security. Article 2. The present Regulation shall apply to the production, sale, purchase, export and import, transport, blasting operation and storage of explosives for civilian use and apply to the sale and purchase of ammonium nitrate. The term "explosives for civilian use" mentioned in the present Regulation refers to the powders, dynamites and the relevant products thereof as well as the igniting and detonating facilities such as detonators and blasting fuses for non-military purposes that have been listed into the Table of the Names of Explosives for Civilian Use. The Table of the Names of Explosives for Civilian Use shall be formulated and publicized by the administrative department of science, technology and industry for national defense under the State Council in collaboration with the public security organ under the State Council. Article 3. The state applies a licensing system to the production, sale, purchase, transport and blasting operation of explosives for civilian use. In the absent of permission, no entity or individual may produce, sell, purchase or transport any explosive for civilian use or engage in any blasting operation. It is strictly prohibited to transfer, lend, lend to a third party, pledge, donate, privately hide or unlawfully hold any explosive for civilian use. Article 4. The administrative department of science, technology and industry for national defense shall take charge of the safety supervision and administration of the production and sale of explosives for civilian use. The public security organ shall take charge of the public safety administration of explosives for civilian use, safety supervision and administration of the purchase, transport and blasting operations of explosives for civilian use as well as the supervision and control of the flow of explosives for civilian use. The administrative department of work safety supervision, railway, transport and civil aviation shall, according to the provisions of the laws and administrative regulations, do a good job in the safety supervision and administration of explosives for civilian use. The administrative department of science, technology and industry for national defense, public security organ and administrative department for industry and commerce shall, according to their functions and duties, take charge of punishing the unlawful production, sale, purchase, storage, transport, post mail and utilization of explosives for civilian use. Article 5. The principal of an entity that engages in the production, sale, purchase, transport or blasting operation of explosives for civilian use (hereinafter referred to the practicing entity of explosives for civilian use) shall be the person-in-charge of the safety administration of explosives for civilian use in the entity, and shall assume the overall responsibilities over the safety administration of explosives for civilian use. The practicing entities of explosives for civilian use shall be regarded as the focus in the work of security and safeguard, which shall, according to law, establish a security and safeguard organ or employ security and safeguard staffs, install the relevant technical protection facilities so as to prevent the loss, larceny or robbery of any explosive for civilian use. A practicing entity of explosives for civilian use shall establish a safety administration system as well as a post safety responsibility system, formulate the relevant safety protection measures and emergency reserve plans, establish a safety administration organ or have full-time safety administration personnel. Article 6. A person who has no capacity for civil disposition or has a limited capacity for civil disposition or a person who has been given a criminal punishment for committing any crime shall not engage in the production, sale, purchase, transport or blasting operation of any explosive for civilian use. A practicing entity of explosives for civilian use shall intensify the safety-related education, legal education and on-the-job technical trainings of its practitioners. A practitioner shall pass the relevant examination before engaging in any operation. As to any post that requires a qualification, the relevant qualified personnel shall be employed. Article 7. The state establishes an information administration system for explosives for civilian use so as to apply a mark administration of explosives for civilian use and to supervise and control the flow of explosives for civilian use. An entity that engages in the production, sale or blasting operation of explosives for civilian use shall establish a registration system of explosives for civilian use and save in the computer-based system the relevant varieties, quantity and flow of the explosives for civilian use it has produced, sold, purchased, transported, stored or utilized. Article 8. Any entity or individual has the right to tip off violations of any provision on the safety administration of explosives for civilian use. The administrative department or public security organ that has received a tip-off shall make an immediate investigation, keep confidential the relevant informer and award anyone who has contributed a lot to tip-off. Article 9. The state encourages the practicing entities of explosives for civilian use to adopt new technologies that may elevate the safety performances of the explosives for civilian use and encourage the development of a business model featured by the unification of production, distribution and blasting operation of explosives for civilian use. CHAPTER II PRODUCTION Article 10. The principles of overall planning and reasonable allocation shall be upheld in the establishment of any entity that engages in the production of explosives for civilian use. Article 11. An entity that applies for engaging in the production of explosives for civilian use shall meet the following requirements: (1) Meeting the state planning of industrial structure as well as industrial technical standards; (2) The design, structure, building materials, safety distance of its plants and special warehouses as well as its facilities for fire-proof, explosion-proof, lightning-proof, static-proof and other safety facilities conforming to the relevant state criteria and norms; (3) Its production equipments and work techniques meeting the relevant technical standards and procedures for work safety; (4) Having special technicians, personnel for work safety administration and operators with the relevant qualification; (5) Having a sound administration system for work safety as well as a sound post safety responsibility system; and (6) Meeting any other requirement provided for by the relevant laws or administrative regulations. Article 12. An entity that applies for engaging in the production of explosives for civilian use shall submit an application, a feasibility report as well as the relevant materials that may certify its conformity to the provisions of Article 11 of the present Regulation with the administrative department of science, technology and industry for national defense under the State Council. The administrative department of science, technology and industry for national defense under the State Council shall, within 45 days as of the day when it accepts an application, conduct an examination and shall issue a License for the Production of Explosives for Civilian Use to an entity that meets the relevant requirements, and shall not issue any License for the Production of Explosives for Civilian Use to an entity that fails to meet the relevant requirements, and in the latter case an explanation shall be given to the applicant in written form. Where an entity that engages in the production of explosives for civilian use carries out any alteration or expansion in order to adjust its production capacity and varieties, it shall apply for a License for the Production of Explosives for Civilian Use according to the provisions of the preceding paragraph. Article 13. An enterprise that has acquired a License for the Production of Explosives for Civilian Use shall, after the infrastructure construction is completed, apply for a work safety license with the administrative department of science, technology and industry for national defense under the State Council. The administrative department of science, technology and industry for national defense under the State Council shall, according to the provisions of the Regulation on Work Safety Licenses, carry out an inspection thereon and mark work safety permission onto the relevant License for the Production of Explosives for Civilian Use. An entity that engages in the production of explosives for civilian use shall, upon the strength of the License for the Production of Explosives for Civilian Use that has been marked with a work safety permission, go through the registration in the administrative department for industry and commerce before conducting any production of explosives for civilian use. An entity that engages in the production of explosives for civilian use shall, within 3 days as of completing the formalities for registration in the administrative department for industry and commerce, go to the public security organ of the local people's government at the county level for archival filing. Article 14. An entity that engages in the production of explosives for civilian use shall carry out its production in strict accordance with the varieties and production capacity verified in the License for the Production of Explosives for Civilian Use as well as conduct its operations in strict accordance with the provisions on the procedures for safety operation. Article 15. An entity that engages in the production of explosives for civilian use shall have warning marks and registration marks on the explosives for civilian use and number detonators. The warning marks, registration marks and detonator numbering rules of explosives for civilian use shall be formulated by the public security department in collaboration with the administrative department of science, technology and industry for national defense under the State Council. Article 16. An entity that engages in the production of explosives for civilian use shall establish and improve a product inspection system so as to guarantee that the quality of the explosives for civilian use meet the relevant standards. The packing of explosives for civilian use shall meet the provisions of the relevant laws and administrative regulations as well as the relevant standards. Article 17. Any testing or trial-production of explosives for civilian use shall be carried out in a special place or special laboratory. It is highly prohibited to conduct any testing or trial-production of explosives for civilian use in a workshop or warehouse. CHAPTER III SALE AND PURCHASE Article 18. An entity that applies for engaging in the sale of explosives for civilian use shall meet the following requirements: (1) Meeting the relevant requirements for the planning of entities that engage in the sale of explosives for civilian use; (2) Its sales places and special warehouses meeting the relevant state standards and criterion; (3) Having the relevant personnel with corresponding qualification for safety administration and warehousing administration; (4) Having a sound safety administration system as well as a sound post security responsibility system; and (5) Meeting any other requirement of the relevant laws and administrative regulations. Article 19. An entity that engages in the sale of explosives for civilian use shall submit an application and feasibility report as well as the relevant materials that may certify its conformity to the provisions of Article 18 of the present Regulation with the administrative department of science, technology and industry for national defense under the State Council. The administrative department of science, technology and industry for national defense under the State Council shall, within 30 days as of the day when it accepts an application, conduct an examination on such operating facilities as the sales place and special warehouses of the applicant entity and shall issue a License for the Sale of Explosives for Civilian Use to an entity that meets the relevant requirements, and shall not issue any License for the Sale of Explosives for Civilian Use to an entity that fails to meet the relevant requirements, and in the latter case an explanation shall be given to the applicant in written form. An entity that engages in the sale of explosives for civilian use shall, upon the strength of the License for the Sale of Explosives for Civilian Use, go through the registration in the administrative department for industry and commerce before selling any explosives for civilian use. An entity that engages in the sale of explosives for civilian use shall, within 3 days as of completing the formalities for registration in the administrative department for industry and commerce, go to the public security organ of the local people's government at the county level for archival filing. Article 20. An entity that engages in the production of explosives for civilian use may, upon the strength of a License on the Production of Explosives for Civilian Use, sell the explosives for civilian use produced by itself. Where an entity that engages in the production of explosives for civilian use sells any of the explosives for civilian use it has produced, it shall not overstep the verified varieties and production capacity. Article 21. Where an entity that utilizes explosives for civilian use applies for purchasing any explosive for civilian use, it shall file an application with the public security organ of the local people's government at the county level and submit the following materials: (1) A Business License or a Legal Person License of a Public Institution; (2) A License for Blasting Operation Entities or any other legally-applied certification; (3) The name, address and bank account of the purchasing entity; and (4) The varieties, number and purpose of use regarding the purchase. The public security organ that has accepted an application shall, within 5 days as of receiving an application, conduct an examination on the relevant materials submitted and issue a License for the Purchase of Explosives for Civilian Use to an entity that meets the relevant requirements, and shall not issue any License for the Purchase of Explosives for Civilian Use to an entity that fails to meet the relevant requirements, and in the latter case the relevant explanations shall be given to the applicant in written form. A License for the Purchase of Explosives for Civilian Use shall indicate the varieties, quantity, purchasing entity as well as the valid term of the License. Article 22. Where an entity that engages in the production of explosives for civilian use purchases, upon the strength of the License for the Production of Explosives for Civilian Use, any raw material that is an explosive for civilian use, where any entity that engages in the sale of explosives for civilian use purchases, upon the strength of the License for the Sale of Explosives for Civilian Use, any explosive for civilian use from an entity that engages in the production of explosives for civilian use, or where an entity that utilizes explosives for civilian use purchases, upon the strength of the License for the Purchase of Explosives for Civilian Use, any explosives for civilian use, the identity certification of the relevant handlers shall be provided. An entity that engages in the sale of explosives for civilian use shall carry out an inspection on the license and identity certification of the handlers prescribed in the preceding paragraph. For any purchase upon the strength of a License for the Purchase of Explosives for Civilian Use, it shall be sold according to the permitted varieties and quantity. Article 23. The sale or purchase of any explosive for civilian use shall be conducted through a bank account, and cannot be paid in cash or in-kind. An entity that engages in the sale of explosives for civilian use shall keep the photocopies of the license, transfer credence of bank account as well as identity certification of handlers of the purchasing entity for 2 years for reference. Article 24. An entity that engages in the sale of explosives for civilian use shall, within 3 days as of the day when a transaction of explosives for civilian use is concluded, report the sold varieties and quantity as well as the purchasing entity to the administrative department of science, technology and industry for national defense of the local people's government of the province, autonomous region or municipality directly under the Central Government as well as the public security organ of the people's government at the county level for archival filing. An entity that purchases any explosives for civilian use shall, within 3 days of the day when a transaction of explosives for civilian use is concluded, report the purchased varieties and quantity to the public security organ of the local people's government at the county level for archival filing. Article 25. Any import or export of explosives for civilian use shall be subject to the examination and approval of the administrative department of science, technology and industry for national defense under the State Council. The measures for the examination and approval of the import and export of explosives for civilian use shall be formulated by the administrative department of science, technology and industry for national defense under the State Council in collaboration with the public security department under the State Council as well as the General Administration of Customs. An import or export entity shall report the varieties and quantity of the explosives for civilian use under import or export to the public security organ of the local people's government at the county level where the place of receipt or export port is located for archival filing. CHAPTER IV TRANSPORT Article 26. As to the transport of any explosive for civilian use, the consignee shall file an application with the public security organ of the people's government at the county level in the destination and submit the relevant materials with the following contents: (1) A License for the Production of Explosives for Civilian Use of an entity that engages in the production of explosives for civilian use, a License for the Sale of Explosives for Civilian Use of an entity that engages in the sale of explosives for civilian use, a License for the Utilization of Explosives for Civilian Use of an entity that engages in the sale of explosives for civilian use or the relevant Certification on Import/Export Permission; (2) The varieties, quantity, packing materials and packing methods of explosives for civilian use under transport; (3) The specialties and emergency reserve plans for the explosives for civilian use under transport; and (4) The term of transport, places of departure and destination, routes and stops. The public security organ that has accepted an application shall, within 3 days as of accepting an application, conduct an examination on the relevant materials submitted and issue a License for the Transport of Explosives for Civilian Use to an entity that meets the relevant requirements, and shall not issue any License for the Transport of Explosives for Civilian Use to an entity that fails to meet the relevant requirements, and in the latter case an explanation shall be given to the applicant in written form. A License for the Transport of Explosives for Civilian Use shall indicate the consignee, the seller and carrier, the valid term for one-off transport, the routes and stops as well as the varieties and quantity of the explosives for civilian use. Article 27. The transport of any explosives for civilian use shall be carried out upon the strength of the License for the Transport of Explosives for Civilian Use according to the permitted varieties and quantity. Article 28. A road transport of explosives for civilian use shall satisfy the following provisions: (1) A License for the Transport of Explosives for Civilian Use shall be carried along; (2) The loading of explosives for civilian use shall meet the relevant state standards and criteria and no person may be carried on board of a transport vehicle; (3) The safety technical status of transport vehicles shall meet the relevant safety technical standards of the state and the relevant warning marks of flammable and explosive articles that meet the state standards shall be hung out or installed according to the relevant provisions; (4) The transport vehicles of explosives for civilian use shall be driven at a safe speed; (5) The transport vehicles shall be driven according to the prescribed routine and keep away from those places where buildings, facilities and populace are intensive, special personnel shall be arranged to keep on watch where any such vehicle stops half-way, and shall not stop in any other place beyond permission; (6) The explosives for civilian use shall be loaded or unloaded according to the procedures for safety operation and a warning line shall be set on the spot of loading and unloading so as to prevent any irrelevant personnel from entrance; and (7) In the case of any danger, necessary measures for emergency reserve shall be immediately taken and the situation shall be reported to the local public security organ. Article 29. Where any explosive for civilian use reaches its destination, the consignee shall, upon inspection and acceptance, sign the relevant License for the Transport of Explosives for Civilian Use and shall, within 3 days, return the License to the organ that has issued the certificate for write-off. Article 30. It is prohibited to carry any explosive for civilian use on board a public means of transportation or into any public place. It is prohibited to mail any explosive for civilian use or to carry any explosive for civilian use secretly with any consigned goods, luggage, parcel or mail. CHAPTER V BLASTING OPERATIONS Article 31. An entity that applies for engaging in any blasting operation shall meet the following requirements: (1) The blasting operation being a legal production activity; (2) Having the special warehouses of explosives for civilian use that meet the relevant state standards and criterion; (3) Having the relevant personnel with the corresponding qualification for security administration and warehousing administration and having the relevant blasting operators with practice qualification prescribed by the state; (4) Having a sound safety administration system as well as a sound post security responsibility system; (5) Having the special equipments for blasting operation that meet the state standards and industrial standards; and (6) Meeting any other requirement prescribed by laws and administrative regulations. Article 32. An entity that applies for engaging in any blasting operation shall, according to the provisions of the public security organ under the State Council, file an application with the relevant public security organ of the people's government and shall submit the relevant materials that meet the requirements prescribed by Article 31 of the present Regulation. The public security organ that has accepted an application shall carry out an examination within 20 days as of receiving an application and shall issue a License for Blasting Operation Entities to an entity that meet the relevant requirements and shall not issue any License for Blasting Operation Entities to an entity that fails to meet the relevant requirements, and in the latter case an explanation shall be given to the applicant in written form. A business entity of blasting operation shall, upon the strength of the License for Blasting Operation Entities, go through the formalities for registration in the department for industry and commerce before engaging in any blasting operation. An entity that engages in blasting operations shall, within 3 days after handling the registration for industry and commerce, report it to the public security organ of the people's government at the county level for archival filing. Article 33. An entity that engages in blasting operations shall conduct special technical trainings among its blasting operators, safety administration personnel and warehouse administration personnel. A blasting operator shall pass the examinations held by the public security organ of the people's government at the municipal level in a districted city and acquire a License for Blasting Operators before engaging in any blasting operation. Article 34. An entity that engages in blasting operations shall contract the projects of blasting operation according to its qualification grade. A blasting operator shall undertake blasting operation according to his qualification grade. The measures for the classified administration of blasting operation shall be formulated by the public security organ under the State Council. Article 35. Where any blasting operation is conducted adjacent to any city, scenery resort or key engineering facility, the relevant entity of blasting operation shall file an application with the public security organ of the people's government at the municipal level in a districted city, submit its License for Blasting Operation Entities as well as its appraisal reports on blasting operation and the construction plan produced by an enterprise of safety appraisal with the relevant qualification. The public security organ that accepts an application shall, within 20 days as of accepting an application, conduct an examination on the relevant materials. As to an entity that meets the relevant requirements, it shall make a decision on approval. As to an entity that fails to meet the relevant requirements, it shall make a decision on disapproval and give an explanation to the applicant in written form. In the process of carrying out any blasting operation prescribed by the preceding paragraph, it shall be subject to the supervision of a safety supervision entity with the relevant qualification. The public security organ of the people's government at the county level where a blasting operation is conducted shall set up the warning lines. Article 36. Where an entity that engages in blasting operations conducts any blasting operation that concerns two or more provinces, autonomous regions, or municipalities directly under the Central Government, it shall report the relevant project of blasting operation to the public security organ of the people's government at the county level where the blasting operation is conducted. Article 37. An entity that engages in blasting operations shall record in a faithful manner the varieties, quantity, codes of explosives for civilian use it has collected and distributed as well as the names of the relevant collectors and distributors. The quantity of the explosives for civilian use collected shall not exceed the amount required by the operation in question, the remnant explosives for civilian use shall be returned to the warehouse before the operation in question is finished. An entity that engages in blasting operations shall keep the original record of the explosives for civilian use collected and distributed for 2 years for reference. Article 38. A blasting operation shall be carried out according to the relevant state standards and criteria, wherein warning signs shall be set up within the safety distance so as to prevent the entrance of any irrelevant personnel and an examination shall be conducted after a blasting operation is concluded so as to exclude any explosive for civilian use that fails to be ignited. Article 39. Where an entity that engages in blasting operations does not use any explosive for civilian use any more, it shall make registration of the remnant explosives for civilian use and report it to the public security organ of the local people's government at the county level for destruction under supervision. Where any unknown explosive for civilian use is found or collected, it shall be reported to the local public security organ immediately. CHAPTER VI STORAGE Article 40. The explosives for civilian use shall be stored in a special warehouse, wherein the technical prevention facilities shall be installed according to the state provisions. Article 41. The storage of explosives for civilian use shall satisfy the following provisions: (1) The relevant entity shall establish an entry & exit examination and registration system, wherein the explosives for civilian use stored and distributed shall be subject to registration so that the account is clear and that records comply with the repository of the explosives; (2) The explosives for civilian use in stock shall not exceed the storage capacity designed, those explosives for civilian use incompatible with each other shall be stored in different warehouses and it is highly prohibited to store any other article in a warehouse; (3) A special warehouse shall be subject to the administration and safeguard of designated personnel, any irrelevant personnel shall be strictly prohibited from entering into warehousing areas, it is highly prohibited to have cigarettes or establish fires within the warehousing area, it is prohibited to bring any article that may incur any fire or explosion into the warehousing area and it is prohibited to accommodate or conduct any other activity within the warehouses; and (4) Where any explosive for civilian use is lost, stolen or robbed, it shall be immediately reported to the local public security organ. Article 42. Where any explosive for civilian use is temporarily stored in any spot of blasting operation, it shall meet the relevant requirements for temporarily storing the explosives for civilian use and special personnel shall be designated for administration and safeguard. No explosive for civilian use may be stored in any place that fails to meet the relevant requirements for safe storage. Article 43. Where any explosive for civilian use is deteriorated or overdue, it shall be cleared out of the warehouse in a timely manner and be destroyed. A registration book as well as an implementation plan of destruction shall be produced before any destruction is conducted, which shall be reported to the administrative department of science, technology and industry for national defense of the people's government of a province, autonomous region or municipality directly under the Central Government as well as the public security organ of the people's government at the county level for destruction under supervision. CHAPTER VII LEGAL LIABILITIES Article 44. Where any explosive for civilian use is unlawfully produced, sold, transported or stored and if any crime is constituted, the violator shall be subject to criminal liabilities. Where a crime is not constituted, the violator of the public security administration shall be given a punishment of public security administration according to law. Where anyone violates the present Regulation by incurring any major accident in the process of producing, storing, transporting or utilizing explosives for civilian use so that any serious consequence or any especially serious aftermath is incurred and if any crime is constituted, it shall be subject to criminal liabilities according to law. Where anyone violates the present Regulation by producing or selling the explosive for civilian use without any permission, the administrative department of science, technology and industry for national defense shall order it to stop the unlawful production and sale, impose upon it a fine of 100,000 yuan up to 500,000 yuan and confiscate the relevant explosives for civilian use which have been unlawfully produced or sold as well as the illicit proceeds generated. Where anyone violates the present Regulation by purchasing or transporting, without permission, any explosive for civilian use or engaging in any blasting operation without permission, the pubic security organ shall order it to stop the unlawful purchase, transport or blasting operation, impose upon it a fine of 50,000 yuan up to 200,000 yuan, and confiscate the relevant explosives for civilian use unlawfully purchased, transported or explosives for civilian use applied in the unlawful blasting operation as well as the illicit proceeds generated. The administrative department of science, technology and industry for national defense as well as the public security organ shall destroy the unlawful explosives for civilian use confiscated. Article 45. Where any entity that produces or sells any explosive for civilian use violates the present Regulation by committing any of the following acts, the administrative department of science, technology and industry for national defense shall order it to correct within a time limit, impose upon it a fine of 100,000 yuan up to 500,000 yuan. Where anyone fails to correct within a time limit, it shall order it to stop its business for rectification. In the case of any serious circumstances, the relevant License for the Production of Explosives for Civilian Use or License for the Production of Explosives for Civilian Use shall be revoked: (1) Overstepping the permitted varieties and quantity in the production or sale of explosives for civilian use; (2) Conducting any operation in violation of the safety technical procedures; (3) The quality of the explosives for civilian use failing to meet the relevant standards; (4) The packing of explosives for civilian use failing to meet the relevant laws, administrative regulations as well as standards; (5) Selling any explosive for civilian use beyond the licensed varieties and quantity; (6) Selling any explosive for civilian use to an entity without any License for the Production of Explosives for Civilian Use, License for the Sale of Explosives for Civilian Use or License for the Purchase of Explosives for Civilian Use; (7) An entity that engages in the production of explosives for civilian use failing to report the explosives for civilian use its has produced to the administrative department of science, technology and industry for national defense for archival filing according to the relevant provisions; or (8) Importing or exporting any explosive for civilian use that has not been examined and approved. Article 46. Where any entity violates the present Regulation by being under any of the following circumstances, the public security organ shall order it to correct within a time limit and impose upon it a fine of 50,000 yuan to 200,000 yuan. Where any entity fails to correct within the time limit, it shall be ordered to stop its production and business for rectification: (1) Failing to make warning marks and registration marks on the explosives for civilian use or number detonators; (2) Overstepping the permitted varieties and quantity in purchasing explosives for civilian use; (3) Paying for the transaction of any explosives for civilian use in cash or in kind; (4) Failing to preserve the photocopies of the license, transfer credence of bank account, identification certification of handlers of the purchasing entity; (5) Failing to report its sale, purchase or import or export of explosives for civilian use for archival filing according to the relevant provisions; (6) Failing to establish a registration system of explosives for civilian use and to upload the varieties and quantity as well as flow of the explosives for civilian use in its production, sale, purchase, transport, storage or utilization into the computer-based system according to the relevant provisions; or (7) Failing to return the License for the Transport of Explosives for Civilian Use to the organ that has issued a certificate for write-off. Article 47. Where any entity violates the present Regulation and is under any of the following circumstances of road transport of explosives for civilian use, the public security organ shall order it to correct and impose upon it a fine of 50,000 yuan up to 200,000 yuan: (1) Violating the relevant transport licensing; (2) Failing to carry the License for the Transport of Explosives for Civilian Use; (3) Violating the relevant standards and criteria by mixing up explosives for civilian use; (4) The warning signs of flammable and explosive articles that meet the relevant state standards failing to be hung out or installed on the transport vehicles according to the relevant provisions; (5) Failing to drive along the prescribed route, no special personnel keeping on watch on the way or stopping in a place beyond permission; (6) Taking any person on board of a cart that carries explosives for civilian use; or (7) In the case of an emergency, failing to immediately take the necessary emergency reserve measures and reporting it to the local public security organ. Article 48. Where any entity that engages in blasting operations violates the present Regulation by being under any of the following circumstances, the public security organ shall order it to stop its violation and correct within a time limit and impose upon it a fine of 100,000 yuan up to 500,000 yuan. Where any entity fails to correct within a time limit, it shall be ordered to stop its business for rectification. In the case of serious circumstances, its License for Blasting Operation Entities shall be suspended: (1) Where any entity that engages in blasting operations fails to engage in any blasting operation according to its qualification grade; (2) Where any business entity of blasting operation that conducts any blasting operation which concerns two or more provinces, autonomous regions, or municipalities directly under the Central Government fails to report it in advance to the public security organ of the people's government at the county level; (3) An entity that engages in blasting operations failing to establish a collection and registration system of explosives for civilian use, and to keep the collection and registration records according to the relevant provisions; or (4) Violating the relevant state standards and regulations in the blasting operation. Where any blasting operator carries out any blasting operation by violating the relevant state standards and regulations, the public security organ shall order him to correct within a time limit. In the case of serious circumstances, his License for Blasting Operators shall be revoked. Article 49. Where any entity that engages in blasting operations violates the present Regulation and is under any of the following circumstances, the administrative department of science, technology and industry for national defense and the public security organ shall, according to their functions and duties, order it to correct within a time limit and may concurrently impose upon it a fine of 50,000 yuan up to 200,000 yuan. Where any entity fails to correct within a time limit, it shall be ordered to stop its business for rectification. In the case of serious circumstances, its License for Blasting Operation Entities shall be suspended: (1) Failing to install the relevant technical facilities in the special warehouses according to the relevant provisions; (2) Failing to establish an entry & exit examination and registration system or failing to receive and distribute the explosives for civilian use according to the relevant provisions, which leads to an inconsistency between accounts and the repository of explosives in stock; (3) Over-storing, storing in non-special warehouses or storing any explosive for civilian use in violation of the relevant storage standards and criteria; or (4) Having any other act in violation of the provisions on the administration of storage of explosives for civilian use prescribed in the present Regulation. Article 50. Where any practicing entity of explosives for civilian use violates the present Regulation and is under any of the following circumstances, the public security organ shall impose upon it a fine of 20,000 yuan up to 100,000 yuan. In the case of serious circumstances, the License shall be revoked. The relevant violator of the public security administration shall be subject to the punishment of the public security administration according to law: (1) Violating the safety administration system so that the relevant explosives for civilian use are lost, stolen or robbed; (2) Failing to report any explosive for civilian use lost, stolen or robbed to the local public security organ or concealing the relevant situation on purpose; or (3) Transferring, lending, lending to a third party, consigning, pledging or donating any explosive for civilian use. Article 51. Where anyone violates the present Regulation by carrying any explosive for civilian use on board any means of public transportation or entering into any public place, mailing or carrying secretly any explosive for civilian use with goods, luggage or mail and if any crime is constituted, he shall subject to criminal liabilities according to law. Where no crime is constituted, the public security organ shall give a punishment of the public security administration according to law. Where any explosive for civilian use is unlawfully confiscated, a fine of 1,000 yuan up to 100,000 yuan shall be imposed. Article 52. Where the principal of a practicing entity of explosives for civilian use fails to perform the liabilities of safety administration prescribed by the present Regulation and if any major injury accident or any other serious consequence is incurred and any crime is constituted, he shall be subject to criminal liabilities according to law. Where no crime is constituted, the principal shall be given a sanction of dismissal from post. An individual investor shall be imposed upon a fine of 20,000 yuan up to 200,000 yuan. Article 53. Where any functionary of the administrative department of science, technology and technology for national defense, public security organ or administrative department for industry and commerce abuses his functions and powers, neglects his duties or practices favoritism in the safety administration of explosives for civilian use and if a crime is constituted, he shall be subject to criminal liabilities according to law. Where a crime is not constituted, he shall be given an administrative sanction according to law. CHAPTER VIII SUPPLEMENTARY PROVISIONS Article 54. The format for License for the Production of Explosives for Civilian Use or License for the Sale of Explosives for Civilian Use shall be formulated by the administrative department of science, technology and technology for national defense under the State Council. The format for License for the Purchase of Explosives for Civilian Use, License for the Transport of Explosives for Civilian Use, License for Blasting Operation Entities or License for Blasting Operators shall be formulated by the public security organ under the State Council. Article 55. The present Regulation shall come into force as of September 1, 2006. The Regulation of the People's Republic of China on the Administration of Explosives for Civilian Use of the People's Public of China promulgated by the State Council on January 6, 1984 shall be simultaneously abolished. |
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