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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II TYPES OF AND JURISDICTION OVER ADMINISTRATIVE PENALTIES CHAPTER III PROCEDURES FOR IMPOSING ADMINISTRATIVE PENALTIES Section 1 Summary Procedure Section 2 General Procedure Section 3 Hearing Procedure CHAPTER IV APPLICATION OF ADMINISTRATIVE PENALTIES CHAPTER V EXECUTION AND RECORD OF ADMINISTRATIVE PENALTIES CHAPTER VI SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. The present measures are formulated in accordance with the Law on Administrative Penalty, the Production safety Law and other relevant laws and administrative regulations in order to punish the illegal acts concerning production safety, regulate the administrative penalties concerning production safety, and guarantee the production and business operation entities to carry out their production safely in accordance with the law. Article 2. The administration of production safety under the people's government at the county level or above shall apply the present measures when imposing administrative penalties upon the production and business operation entities and their relevant staff due to their acts in violation of the relevant laws, administrative regulations, departmental rules, national standards, trade standards or rules concerning production safety (hereinafter referred to illegal acts concerning production safety) in production and business operation activities. The institutions for administration of coal mine safety shall, in accordance with the present measures and the Administrative Penalty Measures concerning the Administration of Coal Mine Safety, impose administrative penalties upon the coal mines and their relevant staff for their illegal acts concerning production safety. Where there are otherwise provisions in the relevant laws and administrative regulations in respect of the organ for making decisions on administrative penalties, such provisions shall be complied with. Article 3. When imposing administrative penalties on entities for their illegal acts concerning production safety, the principles of impartiality and publicity shall be followed. The administration of production safety or the institution for administration of coal mine safety must, when imposing administrative penalties, take the facts as the basis. An administrative penalty shall be corresponding to the facts, nature, seriousness and social endangering consequence of the illegal act concerning production safety. Article 4. The production and business operation entities and their relevant staff upon whom administrative penalties are imposed by the administration of production safety or the institution for administration of coal mine safety shall have the right to state their cases and the right to defend themselves; those who refuse to accept the administrative penalty shall have the right to apply for administrative reconsideration or bring an administrative lawsuit in accordance with law. The production and business operation entities and their relevant staff who have suffered damage due to an administrative penalty illegally imposed by the administration of production safety or the institution for administration of coal mine safety, shall have the right to demand compensation in accordance with law. CHAPTER II TYPES OF AND JURISDICTION OVER ADMINISTRATIVE PENALTIES Article 5. Types of administrative penalties for illegal acts concerning production safety include: (1) warning; (2) fine; (3) confiscation of illegal proceeds; (4) ordering for making a correction, ordering for making a correction within a time limit, ordering for cessation of illegal acts; (5) ordering for suspension of production or business for rectification, ordering for suspension of production or business, ordering for suspension of construction; (6) detention; (7) closure; (8) suspension of the relevant certificate or license; and (9) other administrative penalties prescribed in production safety laws and administrative regulations. Article 6. Administrative penalties such as warning, fine, confiscation of illegal proceeds, ordering for making a correction, ordering for making a correction within a time limit, ordering for cessation of illegal acts, ordering for suspension of production or business for rectification, ordering for suspension of production or business or ordering for suspension of construction shall be decided by the administration of production safety or institution for administration of coal mine safety under the people's government at the county level or above at the locality where the illegal act concerning production safety is committed. The administrative penalty of imposing closure shall be submitted by the administration of production safety or institution for administration of coal mine safety under the people's government at the county level or above to the people's government at the county level or above for decision according to the scope of power prescribed by the State Council. With respect to the administrative penalty of imposing detention, the administration of production safety or institution for administration of coal mine safety under the people's government at the county level or above shall suggest to the public security organ to make a decision in accordance with the Regulation on Administrative Penalties for Public Security. Article 7. Where two or more administrations of production safety or institutions for administration of coal mine safety are in dispute due to the jurisdictional power over an administrative penalty, the dispute shall be under the jurisdiction designated by the administration of production safety or institution for administration of coal mine safety under the people's government at their common next higher level. Article 8. The administration of production safety or the institution for administration of coal mine safety shall accept a case on any reported illegal act concerning production safety. If the administration or the institution finds that the case is not under its jurisdiction, it shall timely transfer the case to the administration of production safety or the institution for administration of coal mine safety that has the jurisdictional power or to other relevant department. Where the administration of production safety or the institution for administration of coal mine safety to which a case has been transferred has any dissent to the jurisdictional power, it shall report to the administration of production safety or institution for administration of coal mine safety at their common next higher level for designated jurisdiction. Article 9. Where an illegal act concerning production safety constitutes a crime, the administration of production safety or the institution for administration of coal mine safety shall transfer the case to the judicial organ for investigation of criminal liabilities in accordance with the law. Article 10. The superior administration of production safety or institution for administration of coal mine safety may directly investigate the cases under the jurisdiction of the administration of production safety or the institution for administration of coal mine safety under the inferior people's government, or may deliver the cases under its own jurisdiction to the inferior administration of production safety or institution for administration of coal mine safety for jurisdiction. The inferior administration of production safety or institution for administration of coal mine safety may submit major or difficult cases to the superior administration of production safety or institution for administration of coal mine safety for jurisdiction. Article 11. The superior administration of production safety or institution for administration of coal mine safety has the right to correct or revoke illegal or inappropriate administrative penalties imposed by the inferior administration of production safety or institution for administration of coal mine safety. CHAPTER III PROCEDURES FOR IMPOSING ADMINISTRATIVE PENALTIES Article 12. The production safety supervisors and inspectors (hereinafter referred to the production safety inspectors) must, when executing their official duties, show the certificates of production safety inspectors or certificates of inspectors of coal mine safety which are uniformly produced by the State Administration of Production safety or the State Administration of Coal Mine Safety. Article 13. The administration of production safety or the institution for administration of coal mine safety shall, when imposing an administrative penalty, inform the party of the facts, causes, basis for making the decision on the administrative penalty, and the right he may enjoy in accordance with the law. Article 14. The party shall have the right to state their cases and the right to defend themselves. The administration of production safety or the institution for administration of coal mine safety must sufficiently listen to the party's statements and defense, and review the facts, causes and evidence rendered by the party. If the facts, causes and evidence rendered by the party are tenable, the administration of production safety or the institution for administration of coal mine safety shall adopt them. The administration of production safety or the institution for administration of coal mine safety shall not impose a severer penalty due to the party's statements and defense. Article 15. The imposition of administrative penalties on illegal acts concerning production safety shall conform to the legal procedures, and documents of administrative law enforcement shall be made. Section 1 Summary Procedure Article 16. Where the facts on the violation of law are irrefutable and there is legal basis, the administrative penalty of a fine of not more than 50 Yuan is to be imposed upon an individual, or the administrative penalty of a fine of not more than 1,000 Yuan or a warning is to be imposed upon a production and business operation entity, the production safety inspectors may make the decision on administrative penalty on the spot. If the production safety inspectors make the decision on administrative penalty on the spot, they shall then timely report the decision for record within 5 days at the latest to the administration of production safety or the institution for administration of coal mine safety where they are employed. Article 17. The production safety inspectors shall, when making a decision on administrative penalty, fill in a uniformly produced written decision on the administrative penalty and deliver it to the party on the spot. Section 2 General Procedure Article 18. Unless the administrative penalty is imposed on the spot in accordance with the summary procedure, the administration of production safety or the institution for administration of coal mine safety shall, if finding a production and business operation entity and its relevant staff have committed any act subject to an administrative penalty, file the case, fill in a uniform form of filing the case for approval, and shall carry out investigations thoroughly, objectively and impartially, as well as collect the relevant evidence. Article 19. At the time of filing a case for investigation, the production safety inspectors shall be no less than two persons. The party or the relevant persons shall truthfully answer the inquiries, and assist in the investigation or inspection, but shall not refuse or prevent it, or provide false information. Written records shall be made for the inquiries or inspection. Article 20. In case of any of the following circumstances, a production safety inspector shall withdraw: (1) he himself is a party to the case or a near relative of another party; (2) he himself or his near relative has an interest relationship with the case; or (3) he has some other kind of relationship with the case, which might affect the impartiality of the settlement. The withdrawal of a production safety inspector shall be decided by the responsible person of the administration of production safety or the institution for administration of coal mine safety which sends the inspector to carry out the investigation. The withdrawal of a responsible person mentioned above shall be decided through collective discussion by the responsible persons of the administration of production safety or the institution for administration of coal mine safety. Before a decision on withdrawal is made, the production safety inspectors specifically undertaking the case shall not suspend the investigation on the case without authorization. Article 21. After the investigation on a case has been finished, the responsible person of the administration of production safety or the institution for administration of coal mine safety shall timely examine the investigation results such as the relevant materials on the case, the materials on the party's statements and defense, the records of the hearing, etc., and shall make the following decisions separately in light of the different circumstances: (1) if there is indeed an illegal act subject to an administrative penalty, he shall make a decision on administrative penalty in light of the seriousness of the case and the specific situation; (2) no administrative penalty shall be imposed if the illegal act is minor and there is no need to impose any administrative penalty in accordance with the law; (3) no administrative penalty shall be imposed if the facts on the violation of law are not tenable; (4) if the illegal act has constituted a crime, it shall be transferred to the judicial organ. For major illegal acts on which the following administrative penalties shall be imposed: ordering for suspension of production or business for rectification, ordering for suspension of production or business, suspension of the relevant certificate or license, large amount of fine or confiscation of illegal proceeds which may be converted into no less than RMB 30,000 Yuan, the decisions shall be made through collective discussion by the responsible persons of the administration of production safety or the institution for administration of coal mine safety. Article 22. The administration of production safety or the institution for administration of coal mine safety shall, if imposing an administrative penalty in accordance with Article 21 of the present measures, make a written decision on the administrative penalty. The written decision on the administrative penalty shall state the following particulars: (1) the party's name, address or domicile; (2) facts and evidence of the illegal act; (3) type and basis of the administrative penalty; (4) method and time limit for implementation of the administrative penalty; (5) way and time limit for applying for administrative reconsideration or bringing administrative lawsuit in case of refusal to accept the administrative penalty; and (6) the name of the administration of production safety or the institution for administration of coal mine safety that makes the decision on the administrative penalty and the date when the decision is made. The written decision on an administrative penalty must be affixed with a seal of the administration of production safety or the institution for administration of coal mine safety that makes the decision. Article 23. A written decision on an administrative penalty shall be delivered to the party on the spot after declaration. If the party is not at present, the administration of production safety or the institution for administration of coal mine safety shall, within 7 days, serve the written decision on the administrative penalty to the party in accordance with the relevant provisions in the Civil Litigation Law. The party shall, after the receipt of the written decision, indicate the date of receipt and affix his signature or seal on the receipt of the written decision. Article 24. The administration of production safety or the institution for administration of coal mine safety shall, when serving documents on administrative penalties, abide by the following provisions: (1) If the party is a production and business operation entity, the documents shall be received and signed by its receiving and dispatching office. If the party is an individual or individual business, the documents shall be received and signed by the party himself. If the party refuses to receive and sign the documents, the person serving the documents shall invite representatives from the relevant grass-roots organization or the relevant persons to be present on the scene, indicate the situation to them, and record on the receipt of the written decision the reasons of the refusal and the date of it. After the person serving the documents and the witnesses have affixed their signatures or seals to the receipt, the documents shall be left at the party's receiving and dispatching office or domicile, and the service shall be deemed as completed; (2) If the party is not at present, the documents shall be received and signed by an adult member of his family living with him, and the relationship between him and the party shall be indicated in the remark column in the receipt of the written decision; (3) If the party has designated a person to receive the documents, they shall be handed over to the designated person for receipt and the information on the party's authorization shall be indicated; (4) If the documents are difficult to be served directly, they may be served by a registered mail, or the local administration of production safety or institution for administration of coal mine safety may be entrusted to serve them; and (5) If the documents cannot be served by the above methods, they may be served by public announcement, and shall be deemed to have been served 60 days after the public announcement is made. Article 25. A case shall generally be finished within 30 days as of the date when it is filed. If it cannot be finished due to an objective reason, the period may be extended upon the consent by the responsible person of the administration of production safety or the institution for administration of coal mine safety, provided that it shall not exceed 90 days. If it needs to be further extended due to a particular circumstance, the extension shall be approved by the administration of production safety or institution for administration of coal mine safety at the next higher level, and the period may be extended to 180 days at the most. Section 3 Hearing Procedure Article 26. The administration of production safety or the institution for administration of coal mine safety shall, before making a decision on any of such administrative penalties as ordering for suspension of production or business for rectification, ordering for suspension of production or business, suspension of the relevant certificate or license, large amount of fine, etc., notify the party that he has the right to request a hearing. If the party requests a hearing, the administration of production safety or the institution for administration of coal mine safety shall arrange for the hearing, but shall not charge fees for the hearing from the party. Large amount of fine mentioned in the preceding paragraph shall be the amount prescribed by the standing committee of the people's congress or the people's government of the province, autonomous region or municipality directly under the Central Government. If no such amount is prescribed, the amount shall, to an individual, be no less than 10,000 Yuan, and to a production and business operation entity, be no less than 30,000 Yuan. Article 27. Where the party requests a hearing, it/he shall do it in writing in accordance with Article 13 of the present measures within 3 days after being notified by the administration of production safety or the institution for administration of coal mine safety. Article 28. After the party has requested a hearing, the administration of production safety or the institution for administration of coal mine safety shall, 7 days before holding the hearing, notify the party of the time and place for the hearing. The party shall participate in the hearing on time. If the party has any justifiable cause to request an extension of the period, the period may be extended for once upon the approval by the responsible person of the administration of production safety or the institution for administration of coal mine safety arranging for the hearing. If the party fails to participate in the hearing on time, and also fails to explain the reason in advance, he shall be deemed to have waived the rights to hearing. Article 29. The participants to a hearing shall be composed of the pre-sider of the hearing, the haring examiners, the case investigator, the party and his authorized agent, and the clerk. The pre-sider of the hearing, the hearing examiner and the clerk shall be the members of a legal affairs institution designated by the responsible person of the administration of production safety or the institution for administration of coal mine safety who arranges for the hearing, or be other relevant persons, but shall not be investigators of the case. The party may authorize one or two agents to participate in the hearing, and submit a power of attorney. Article 30. Unless any state secret, commercial secret or personal privacy is involved, a hearing shall be held publicly. Article 31. A party shall have the following rights and obligations in the hearing: (1) to make statements on and defense against the facts, the applicable laws and the relevant information involved in the case; (2) to examine the evidence provided by the case investigator and to provide new evidence; (3) to truthfully answer the pre-sider's questions; and (4) to obey the discipline in the hearing court, and to obey the command of the pre-sider of the hearing. Article 32. A hearing shall be held in accordance with the following procedure: (1) the clerk of the hearing announces disciplines of the hearing court and the party's rights and obligations; the pre-sider of the hearing announces the cause of the case, checks the name list of the participants to the hearing, and announces the beginning of the hearing; (2) the case investigator brings forward the party's facts on the violation of law, shows the evidence, and states the contents and legal basis of the planned administrative penalty; (3) the party or his authorized agent makes statements on or defense against the facts, evidence, applicable laws, etc. of the case, and may submit new evidence at the hearing; (4) the pre-sider of the hearing inquires the party, the case investigator and the witnesses regarding the relevant issues on the case; (5) the case investigator and the party or his authorized agent debate with each other; (6) the party or his authorized agent makes final statements; and (7) the pre-sider of the hearing announces the ending of the hearing. The records of the hearing shall be handed over to the party on the spot to be reviewed, and if no error is found, the party shall affix his signature or seal. Article 33. After the hearing is ended, the pre-sider shall, in light of the information on the hearing, make a written report on the hearing by bringing forward his settlement opinions attached with the records of the hearing, and submit the report to the responsible person of the administration of production safety or the institution for administration of coal mine safety for examination. The administration of production safety or the institution for administration of coal mine safety shall make a decision in accordance with Article 21 of the present measures. CHAPTER IV APPLICATION OF ADMINISTRATIVE PENALTIES Article 34. With respect to the illegal acts concerning production safety committed by a production and business operation entity or its relevant staff, the administrative penalties shall be imposed by the administration of production safety under the people's government at the county level or above. Among which, for the illegal acts concerning production safety committed by a coal mine or its relevant staff, the administrative penalties shall be imposed by the institution for administration of coal mine safety. Where there are otherwise provisions in the relevant laws and administrative regulations on application of the administrative penalties, such provisions shall be complied with. Article 35. Where the decision-making institution or the principal liable person of a production and business operation entity, or an individual investor does not guarantee prescribed the funds needed in safe production, thus causing the production and business operation entity fails to meet the conditions for safe production, it/he shall be ordered to make a correction within a time limit, and to provide the necessary funds. If it/he fails to make the correction before the expiry of the time limit, the production and business operation entity shall be ordered to suspend its production or business for rectification. Where an individual investor commits any illegal act in the preceding paragraph, thus causing a production safety accident, he shall be imposed upon a fine as follows if the circumstance is not serious enough to impose a criminal punishment: (1) in case of a severe injury accident or an accident causing death to one or two persons, he shall be imposed upon a fine of not less than 20,000 Yuan but not more than 50,000 Yuan; (2) in case of an accident causing death to three to nine persons, he shall be imposed upon a fine of not less than 50,000 Yuan but not more than 100,000 Yuan; and (3) in case of an accident causing death to ten or more persons, he shall be imposed upon a fine of not less than 100,000 Yuan but not more than 200,000 Yuan fine . Article 36. Where the principal liable person of a production and business operation entity has any of the following acts, he shall be ordered to make a correction within a time limit. If he fails to make a correction before the expiry of the time limit, the production and business operation entity shall be ordered to suspend its production or business for rectification: (1) he fails to set up and improve the entity's system of liability for production safety; (2) he fails to arrange for the formulation of the entity's rules and systems for production safety; (3) he fails to guarantee the effective implementation of the entity's inputs for production safety; (4) he fails to urge and inspect the entity's affairs on production safety, and to timely eliminate hidden production safety accidents; or (5) he fails to arrange for the formulation and implementation of the entity's advance proposals on emergency rescue of production safety accidents. Where the principal liable person of a production and business operation entity has any of the illegal acts in Paragraph 1 of the present article, thus causing a production safety accident, but the circumstance is not serious enough to impose a criminal punishment, he shall be discharged from his post or be imposed upon a fine as follows: (1) in case of a severe injury accident or an accident causing death to one or two persons, he shall be imposed upon a fine of not less than 20,000 Yuan but not more than 50,000 Yuan; (2) in case of an accident causing death to three to nine persons, he shall be imposed upon a fine of not less than 50,000 Yuan but not more than 100,000 Yuan; and (3) in case of an accident causing death to ten or more persons, he shall be imposed upon a fine of not less than 100,000 Yuan but not more than 200,000 Yuan. Article 37. Where the principal liable person of or any other person in charge of a production and business operation entity has any of the following acts, he shall be imposed upon a warning, and may be imposed upon a fine of not more than 10,000 Yuan in addition: (1) he violates rules when conducting the workers or compulsorily orders them to work in violation of rules or by taking a risk; (2) he ignores the workers' work in violation of rules time after time, without stopping them; (3) he fails to take measures in time when finding the sign of a major accident or a discovered hidden accident; (4) he refuses to implement the instructions of the administration of production safety or the institution for administration of coal mine safety or their production safety inspectors on safety supervision and inspection; (5) he forges or intentionally destroys the scene of an accident; or (6) he impedes or interferes with the investigation on an accident, or refuses to accept investigation, collection of evidence, or to provide the relevant information or documents. Article 38. Where a production and business operation entity has any of the following acts, it shall be imposed upon a warning, and may be imposed upon a fine of not more than 10,000 Yuan in addition: (1) it refuses or impedes the supervision and inspections of the administration of production safety or the institution for administration of coal mine safety or their safety inspectors; (2) it provides false information; (3) it conceals existing hidden accidents or other safety problems; (4) it refuses to implement the instructions of the administration of production safety or the institution for administration of coal mine safety and their production safety inspectors on safety supervision and inspection; (5) it unseals or uses the sealed or distrained facilities, equipment or apparatuses without authorization; (6) it forges or intentionally destroys the scene of an accident; or (7) it impedes or interferes the investigation on an accident, or refuses to accept investigation, collection of evidence, or to provide the relevant information or documents. Article 39. Where a production and business operation entity has any of the following acts, it shall be ordered to make a correction within a time limit. If it fails to make a correction before the expiry of the time limit, it shall be ordered to suspend its production or business for rectification, and may be imposed upon a fine of not more than 20,000 Yuan in addition: (1) it fails to set up a management office of production safety or be equipped with managers of production safety prescribed; (2) the principal liable person or the managers of production safety of the entities engaging in the production, sale or storage of hazardous substances or of the mines and construction entities fail to be assessed to be qualified as prescribed; (3) it fails to hold production safety education and trainings for the employees prescribed; (4) it fails to truthfully inform the employees of the dangerous factors existing at the work sites and on the work post, the preventing measures and emergency measures for accident prescribed; or (5) the persons of special work fails to receive special trainings on safe work and to obtain the qualification certificates for the special work prescribed, and work at their posts without authorization. Article 40. Where a production and business operation entity has any of the following acts, it shall be ordered to make a correction within a time limit. If it fails to make a correction before the expiry of the time limit, it shall be ordered to suspend the construction or to suspend its production or business for rectification, and may be imposed upon a fine of not more than 50,000 Yuan in addition: (1) there is no design of safe facilities for the mining construction project or the construction project for production and storage of hazardous substances, or the design of safe facilities has not been submitted to the relevant department prescribed for examination and consent; (2) the construction entity of a mining construction project or of a construction project for production and storage of hazardous substances fails to carry out construction according to the approved design of safe facilities; (3) after a mining construction project or a construction project for production and storage of hazardous substances is completed and before it is put into production or use, the safe facilities are not checked as qualified; (4) it fails to place eye-catching safety warning marks on the sites of production and business operation or the relevant facilities and equipments which are considerably dangerous; (5) the installation, use, test, transformation of safety equipment or the discarding of safety facilities which does not conform to the national standards or trade standards; (6) it fails to frequently protect and maintain and regularly test the safety equipment; (7) it fails to provide the employees with labor protection articles conforming to national standards or trade standards; (8) the special equipment or a container or means of transport for hazardous substances is put into use before tested or inspected by the eligible institution as qualified, and before a certificate for safety use or a safety mark is obtained; or (9) it uses any of the techniques or equipment that endangers production safety and that has been explicitly ordered by the state to be eliminated or to be prohibited from use. Article 41. Where a production and business operation entity produces, sells or stores hazardous substances without being lawfully approved, it shall be ordered to cease its illegal acts, or be closed, confiscated of the illegal proceeds, and be imposed upon a fine as follows: (1) if the illegal proceeds are no less than 100,000 Yuan, it shall be imposed upon a fine of two times or more but five times or less of the illegal proceeds in addition; and (2) if there are no illegal proceeds or the illegal proceeds are less than 100,000 Yuan, it shall be imposed upon a sole or additional fine of not less than 20,000 Yuan but not more than 100,000 Yuan. Article 42. Where a production and business operation entity has any of the following acts, it shall be ordered to make a correction within a time limit. If it fails to make the correction before the expiry of the time limit, it shall be ordered to suspend its production or business for rectification, and may be imposed upon a fine of not less than 20,000 Yuan but not more than 100,000 Yuan in addition: (1) it produces, sells, stores or uses hazardous substances without setting up a special safety management system or taking reliable safety measures, or refuses to accept the supervision lawfully enforced by the relevant competent department; (2) it fails to register and set up files for the major sources of danger, or fails to evaluate or control such sources, or fails to make advance proposals for emergencies; or (3) it fails to arrange special persons to take charge of the on-spot safety when carrying out the operations of explosions and hoisting. Article 43. Where a production and business operation entity lets the contract for or lease a project, site or equipment of production and business operation to an entity or individual unqualified for the production safety conditions, it shall be ordered to make a correction within a time limit, confiscated of the illegal proceeds, and be imposed upon a fine as follows: (1) if illegal proceeds are no less than 50,000 Yuan, it shall be imposed upon a fine of two times or more but five times or less of the illegal proceeds in addition; and (2) if there are no illegal proceeds or the illegal proceeds are less than 50,000 Yuan, it shall be imposed upon a sole or additional fine of not less than 10,000 Yuan but not more than 50,000 Yuan. Article 44. Where a production and business operation entity commits any of the following acts with a contract-undertaking entity or a lessee entity, it shall be ordered to make a correction within a time limit. If it fails to make the correction before the expiry of the time limit, it shall be ordered to suspend its production or business for rectification: (1) it fails to conclude a special agreement on management of production safety with the contract-undertaking entity or lessee entity; (2) it fails to clarify in the contract for undertaking contract or in the lease contract the parties' respective duties on the management of production safety; or (3) it fails to conduct unified coordination or management on the production safety of the contract-undertaking entity or the lessee entity. Article 45. Where any of the two or more production and business operation entities carries out activities of production and business operation within the same work area, which might endanger the production safety of the other party (parties), but does not conclude the agreement on management of production safety or designate special managers of production safety to conduct safety inspection or coordination, it shall be ordered to make a correction within a time limit. If it fails to make the correction before the expiry of the time limit, it shall be ordered to suspend its production or business. Article 46. Where a production and business operation entity has any of the following acts, it shall be ordered to make a correction within a time limit. If it fails to make the correction before the expiry of the time limit, it shall be ordered to suspend its production or business for rectification : (1) the workshops, stores, warehouses for production, management, storage or use of hazardous substances are located in the same building with the dormitories of employees, or the distance between them and the dormitories is not qualified for safety; or (2) as for the sites of production and business operation and the dormitories of the employees, there are no exits which meet the requirements for emergent dispersal of people and which have eye-catching marks and be clear of obstructions, or the exits of the sites of production and business operation or of the dormitories of employees are closed or obstructed. Article 47. Where an entity engaging in the production, sale or storage of hazardous substances or a mining enterprise or construction entity has any of the following acts, it shall be ordered to make a correction, and may be imposed upon a fine of not more than 10,000 Yuan in addition: (1) it fails to establish emergency rescue organizations; or (2) it fails to be equipped with necessary rescue apparatuses and equipment which shall be serviced and maintained regularly so as to ensure their normal operation. Article 48. Where a production and business operation entity concludes an agreement with the employees to exempt itself from or mitigate the liabilities which result from any production safety accident casualties occurred to the employees and which it has to undertake in accordance with the law, the agreement shall be invalid; the principal liable person of the production and business operation entity or the individual investor shall be imposed upon a fine of not less than 20,000 Yuan but not more than 100,000 Yuan. Article 49. Where a production and business operation entity does not meet the production safety conditions prescribed in laws, administrative regulations, national standards or trade standards, and still fails to meet the production safety conditions after suspension of production or business for rectification, it shall be closed; the relevant department shall suspend the entity's relevant certificate or license in accordance with the law. Article 50. Where a mining enterprise does not operate, check, maintain or set up files for its mechanical and electronic equipment or safety apparatuses in accordance with the following provisions, it shall be ordered to make a correction, and may be imposed upon a fine of not more than 20,000 Yuan in addition: (1) it shall regularly check, maintain and set up technical files for the mechanical and electronic equipment and the protection devices, as well as the safety test apparatuses; (2) equipment shall be operated by professionals responsible for operating equipment; (3) electric work shall be done by electric professionals on duty; (4) professionals for operating electrical equipment shall be reliably protected with isolation and shall not check electrical equipment on hot-line. Article 51. Where a mining enterprise fails to test the density of the toxic and harmful substances in the air at its work sites in accordance with the following provisions, it shall be ordered to make a correction, and may be imposed upon a fine of not more than 20,000 Yuan in addition: (1) it shall test a dust work site no less than twice each month; (2) it shall test a TNT work site no less than once each month; (3) it shall test a radioactive substance work site no less than three times each month; (4) it shall test other toxic and harmful substance work site underground no less than once each month. Article 52. Where a mining enterprise fails to manage the top sides prescribed by the working rules when carrying out underground excavation; or fails to consolidate the supports when passing through a geologic broken zone or other broken positions on top sides; or fails to control the mining level height and width, side slope angle or final side slope angle of the stripping face according to the design when stripping outdoors; or causes harm to the deep or nearby pit lane when stripping or casting, it shall be ordered to make a correction, and may be imposed upon a fine of not more than 20,000 Yuan in addition. Article 53. Where a mining enterprise is under any of the following circumstances when carrying out underground excavation, and fails to advance by detecting water, it shall be ordered to make a correction, and may be imposed upon a fine of not more than 20,000 Yuan in addition: (1) it is near to a confined aquifer or aquiferous fault, quicksand layer, gravel layer, karst cave or depressed pillar; (2) it is near to a geologic broken zone which is connected with surface water or is near to an unsealed hole which is connected with a pressure-bearing layer; (3) it is near to an old hydro kiln or lane or a goaf filled with slurry; (4) it finds a sign of water discharging; or (5) it digs out a separation mine pillar or rock pillar to discharge water. Article 54. Where a mining enterprise exploiting radioactive substances has any of the following acts, it shall be ordered to make a correction, and may be imposed upon a fine of not more than 20,000 Yuan in addition: (1) it fails to timely close up the goaf or a pit lane discarded as useless or is temporarily not used; (2) it fails to adopt down ventilation when using a mining site in a shrinkage method; or (3) it fails to strictly control underground sewage. Article 55. Where, without being examined or approved, an entity engaging in the production or storage of hazardous substances rebuilds or expands itself, or a hazardous chemicals entity produces, sells or uses hazardous chemicals clearly prohibited by the state or uses virulent chemicals to produce rat-bane or other chemical products or daily chemicals which might enter people's daily life, it shall be closed or ordered to suspend its production or business for rectification, and be ordered to harmlessly destroy the hazardous chemicals clearly prohibited by the state from being produced, sold or used, and the rat-bane or the chemical products or daily chemicals produced with virulent chemicals which might enter people's daily life; its illegal proceeds, if any, shall be confiscated. If its illegal proceeds are no less than 100,000 Yuan, it shall be imposed upon a fine of two times or more but five times or less of the illegal proceeds in addition. If there are no illegal proceeds or the illegal proceeds are less than 100,000 Yuan, it shall be imposed upon a fine of not less than 50,000 Yuan but not more than 500,000 Yuan in addition. Article 56. Where a hazardous chemicals entity fails to, in light of the kind and nature of the hazardous chemicals, be equipped with the corresponding safety facilities and equipment in respect of monitoring, ventilation, sun-proof, thermoregulation, fire-proof, fire-extinguishing, explosion-proof, decompression, poison-proof, disinfection, neutralization, damp-proof, lightening protection, static electricity-proof, anticorrosive, seepage control, protective batardeau or facilities and equipment for separated work or other safety facilities and equipment in its work sites such as workshops and warehouses, it shall be ordered to make a correction immediately or within a time limit, and be imposed upon a fine of not less than 20,000 Yuan but not more than 100,000 Yuan in addition. Article 57. Where any entity, without authorization, produces packs or containers for hazardous chemicals without designating a certain place, or uses the packs or containers produced by non-designated enterprises to pack, contain or transport hazardous chemicals, it shall be ordered to make a correction immediately or within a time limit, and be imposed upon a fine of not less than 20,000 Yuan but not more than 200,000 Yuan. If it fails to make the correction before the expiry of the time limit, it shall be ordered to suspend its production or business for rectification. Article 58. Where a hazardous chemicals entity has any of the following acts, it shall be ordered to make a correction immediately or within a time limit, and be imposed upon a fine of not less than 10,000 Yuan but not more than 50,000 Yuan. If it fails to make the correction before the expiry of the time limit, it shall be ordered to suspend its production or business for rectification: (1) a hazardous chemicals production enterprise fails to attach the technical directions on the safety of chemicals in the packing of the hazardous chemicals, which are completely consistent with the hazardous chemicals, or fails to put up or tie a safety label for the chemicals on the packing (including externally packed pieces), which is completely consistent with the hazardous chemicals inside the packing; (2) a hazardous chemicals production enterprise does not, when finding any new dangerous nature with the hazardous chemicals, immediately announce it and timely revise the technical directions on the safety and the safety label; or (3) a hazardous chemicals selling enterprise sells hazardous chemicals without technical directions on the safety of chemicals and the safety label. Article 59. Where a hazardous chemicals entity has any of the following acts, it shall be ordered to make a correction immediately or within a time limit, and be imposed upon a fine of not less than 10,000 Yuan but not more than 50,000 Yuan. If it fails to make the correction before the expiry of the time limit, the original certificate-issuing organ shall suspend its permit for production of and that for sale of hazardous chemicals, as well as its business license: (1) it fails to make regular safety appraisals on its production and storage devices, and fails to report to the local administrative department of safety under the people's government at the level of city divided into districts for record, or does not immediately cease using the production and storage devices found out in safety appraisals to have actual dangers, does not replace or repair them and take the corresponding safety measures; (2) it fails to be equipped with communication and warning devices at its places for producing, storing and using hazardous chemicals, and to keep such devices to be in a normal state for use; (3) it does not store hazardous chemicals in special warehouses or fails to arrange special persons to take care of the chemicals; (4) it fails to check or register the hazardous chemicals entering or exiting from warehouses or fails to regularly check the chemicals after they enter the warehouses; (5) it fails to, when a special warehouse for hazardous chemicals does not meet the national standards on safety, set an obvious mark, or fails to regularly test the storage equipment and safety facilities in the special warehouse; (6) a shop that sells hazardous chemicals stores non-civil small packs of hazardous chemicals or the amount of deposited civil small packs of hazardous chemicals exceeds the limit prescribed by the state; (7) it fails to store virulent chemicals and other hazardous chemicals constituting major sources of danger in the special warehouses separately, or fails to have them received, distributed or kept by two persons, or fails to report the quantity and place of the stored virulent chemicals and other hazardous chemicals constituting major sources of danger as well as the information on the keepers to the local administrative department of safety for record; (8) a hazardous chemicals production entity does not truthfully record the output, flow direction, quantity in storage and uses of the virulent chemicals, or fails to take necessary security measures to prevent the virulent chemicals from being stolen, lost, mis-sold or misused; or (9) a hazardous chemicals selling enterprise does not record the name and address of the purchasing entity of the virulent chemicals, the name and ID card number of the purchaser, the name, quantity and uses of the purchased virulent chemicals, or does not check the information on the sale of the virulent chemicals every day. Article 60. Where a hazardous chemicals entity fails to take effective measures to dispose of the equipment for production and storage of hazardous chemicals, the stored products and raw materials when it transforms or suspends its production, suspends its business or is dissolved, it shall be ordered to make a correction, and be imposed upon a fine of not less than 20,000 Yuan but not more than 100,000 Yuan. Article 61. Where an institution undertaking safety appraisal, certification, test or inspection issues a false proof, if it is not enough to be imposed upon a criminal punishment, it shall be confiscated of the illegal proceeds. If the illegal proceeds are no less than 5,000 Yuan, it shall be imposed upon a fine of two times or more but five times or less of the illegal proceeds in addition. If there are no illegal proceeds or the illegal proceeds are less than 5,000 Yuan, it shall be imposed upon a sole or additional fine of not less than 5,000 Yuan but not more than 20,000 Yuan, and its directly responsible person in charge and other directly liable persons shall be imposed upon a fine of not less than 5,000 Yuan but not more than 50,000 Yuan. For an institution having any illegal act in the preceding paragraph, its corresponding qualifications shall be lawfully suspended by the original certificate-issuing organ. Article 62. Where a production and business operation entity and any of its relevant staff violate different legal provisions with two or more illegal acts concerning production safety, so that administrative penalties shall be imposed, the administration of production safety or the institution for administration of coal mine safety shall apply different legal provisions to impose a combined punishment through separate adjudications. Article 63. For the same illegal act concerning production safety committed by a production and business operation entity and one of its relevant staff, an administrative penalty of fine shall not be imposed for more than once. Article 64. Where a production and business operation entity or any of its relevant staff is under any of the following circumstances, it/he shall be imposed upon a lighter or mitigated administrative penalty: (1) it/he initiatively eliminates or mitigates the harmful consequences caused from the illegal act concerning production safety; (2) it/he commits the illegal act concerning production safety under duress of others; (3) it/he cooperates with the administration of production safety or the institution for administration of coal mine safety in investigating illegal acts concerning production safety and performs meritorious services; or (4) other circumstances under which a lighter or mitigated administrative penalty shall be imposed in accordance with the law. If an illegal act concerning production safety is minor and is corrected in time, with no harmful consequences caused, no administrative penalty shall be imposed. CHAPTER V EXECUTION AND RECORD OF ADMINISTRATIVE PENALTIES Article 65. After a decision on administrative penalty is lawfully made, the party shall perform it within the time limit required in the decision. Article 66. Where a party refuses to accept a decision on administrative penalty and applies for administrative reconsideration or brings an administrative lawsuit, the administrative penalty shall not be suspended from enforcement, unless otherwise prescribed by law. Article 67. Where the production safety inspectors collect a fine on the spot, they shall issue a receipt of fine uniformly produced and distributed by the financial department of the province, autonomous region or municipality directly under the Central Government. The production safety inspectors shall, within two days as of the collection of the fine, turn in the fine collected on the spot to the administration of production safety or the institution for administration of coal mine safety where they belong; the administration of production safety or the institution for administration of coal mine safety shall turn in the fine to a designated bank within two days. Article 68. Where the party does not perform the decision on administrative penalty before the expiry of the time limit, the administration of production safety or the institution for administration of coal mine safety that makes the decision may take the following measures: (1) if he does not pay the fine before the expiry, he shall be imposed upon an additional fine at the rate of 3% of the amount of the fine per day; (2) in accordance with the legal provisions, the price from auction of the sealed or distrained facilities, equipment and apparatuses shall be used to offset the fine; (3) to apply to the people's court for compulsory execution. Article 69. Where the party indeed has financial difficulties and needs to postpone the payment of the fine or to pay them by installments, the payment may be temporarily extended or made by installments upon application by the party and approval by the administration of production safety or the institution for administration of coal mine safety. Article 70. With the exception of the articles or goods that should be destroyed in accordance with law, if the sealed or distrained facilities, equipment or apparatuses need to be auctioned to offset the fine, they shall be handled in accordance with the law or the relevant provisions of the state. Articles or goods shall be destroyed, if necessary, in accordance with the relevant provisions of the state. If there are no relevant provisions, they shall be destroyed upon the approval of the responsible person of the administration of production safety or the institution for administration of coal mine safety at the county level or above, and under the supervision of two or more production safety inspectors, with the destruction records being made. A list shall be made for the destroyed articles or goods. Article 71. The money obtained from fines and confiscated illegal proceeds must be turned in to the superior authority in accordance with the relevant provisions, and no entity or individual may withhold it, or share it privately, or do so in disguised form. Article 72. Where the administration of production safety under the people's government at the county level imposes such administrative penalties as a fine of not less than 5,000 Yuan, an order for suspension of production or business, or suspension of production or business for rectification, it shall, within 7 days as of the imposition of the administrative penalty, report to the administration of production safety under the people's government at the city (prefecture) level for record. Article 73. Where the administration of production safety under the people's government at the city (prefecture) level or the office for administration of coal mine safety imposes such administrative penalties as a fine of not less than 10,000 Yuan, an order for suspension of production or business, or suspension of production or business for rectification, it shall, within seven days as of the imposition of the administrative penalty, report to the administration of production safety under the people's government at the provincial level or the administrative bureau of coal mine safety at the provincial level for record. Article 74. Where the administration of production safety under the people's government at the provincial level or the administrative bureau of coal mine safety at the provincial level imposes such administrative penalties as a fine of not less than 100,000 Yuan, an order for suspension of production or business, or suspension of production or business for rectification, it shall, within 7 days as of the imposition of the administrative penalty, report to the State Administration of Production safety or the State Administration of Coal Mine Safety for record. With respect to an administrative penalty on a case delivered by the superior administration of production safety or institution for administration of coal mine safety, the administration of production safety or the institution for administration of coal mine safety which makes the decision on the administrative penalty shall, within 7 days as of the imposition of the administrative penalty, report to the superior administration of production safety or institution for administration of coal mine safety for record. Article 75. After the administrative penalties have been executed, the materials on cases shall be independently kept in files with each file for one case. Article 76. After the files have been kept, no entity or individual shall add, draw, alter or destroy the materials on cases without authorization. Without the approval of the responsible person of the administration of production safety or the institution for administration of coal mine safety, no entity or individual shall borrow the files to read. CHAPTER VI SUPPLEMENTARY PROVISIONS Article 77. The patterns of the relevant administrative law enforcement documents used for imposing administrative penalties shall be uniformly formulated by the State Administration of Production safety (the State Administration of Coal Mine Safety). Article 78. The present measures shall come into force on July 1, 2003. The Interim Provisions on Procedures for the Administration of Coal Mine Safety shall be abrogated simultaneously. |
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