National Safe Production Supervision and Administration Order

No. 55

"Dangerous chemicals business license management approach" has been May 21, 2012 the State Administration of Production Safety Supervision and the Secretary office meeting to consider, is hereby promulgated, September 1, 2012 into effect. The former State Economic and Trade Commission on October 8, 2002 announced the "dangerous chemicals business license management approach" abolished.

Director of National Security Supervision Bureau Yang Dongliang

July 17, 2012

Measures for the Administration of Dangerous Chemicals Business Licenses

Chapter I General

Article 1 These Measures are formulated in accordance with the "Safe Production Law of the People's Republic of China" and the "Administrative Regulations on the Safety of Hazardous Chemicals" in order to strictly enforce operating conditions for dangerous chemicals, regulate the operation of dangerous chemicals, and ensure the safety of life and property of the people.

Article 2 These Measures shall apply to the operations (including warehousing operations) of hazardous chemicals listed in the "Catalogue of Hazardous Chemicals" within the territory of the People's Republic of China.

The Measures shall not apply to the business activities of civil explosives, radioactive articles, nuclear energy substances and town gas.

Article 3 The State adopts a licensing system for the operation of dangerous chemicals. Enterprises engaged in dangerous chemicals shall obtain hazardous chemicals business licenses (hereinafter referred to as business licenses) in accordance with the present Measures. Without an operating license, no unit or individual may operate dangerous chemicals.

Engaged in the following hazardous chemicals business activities, do not need to obtain an operating license:

(1) A hazardous chemicals production enterprise that has obtained a license for the safe production of dangerous chemicals in accordance with law shall, within its factory area, sell hazardous chemicals produced by the enterprise;

(2) The port operator who has obtained the port operation permit in accordance with law is engaged in storage and operation of dangerous chemicals in the port area.

Article 4 The management of the issuance of business licenses shall apply the principles of enterprise application, two-level certification and territorial supervision.

Article 5 The State Administration of Work Safety Supervision and Administration directs and supervises the issuance and administration of business licenses throughout the country.

The safety production supervision and administration departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall guide and supervise the issuance and management of business licenses within their respective administrative regions.

The municipal district-level people's government safety production supervision and management department (hereinafter referred to as the municipal issuing authority) shall be responsible for the approval and issuance of the following business licenses:

(1) Enterprises that operate highly toxic chemicals;

(2) Enterprises that operate explosive chemicals;

(3) Enterprises operating petrol filling stations;

(4) Enterprises that specialize in storage and operation of hazardous chemicals;

(5) Provincial-level and city-level companies (branches) affiliated with the central enterprises that engage in hazardous chemicals business activities.

(6) Enterprises with storage facilities operating other dangerous chemicals other than highly toxic chemicals or explosive chemicals;

The safety production supervision and administration department of the county-level people's government (hereinafter referred to as the county-level issuing authority) is responsible for the examination and issuance of business licenses of enterprises other than those provided for in the third paragraph of this Article in the administrative area; the operating licenses are not established if the county-level issuance authority is not established. The permit is approved and issued by the municipal issuing authority.

Chapter II Conditions for Applying for a Business License

Article 6 Units engaged in the operation of dangerous chemicals (hereinafter collectively referred to as applicants) shall be registered as enterprises in accordance with the law and meet the following basic conditions:

(1) The operating and storage sites, facilities, and buildings comply with the "Code for Fire Protection of Building Design" ( GB50016 ), "Code for Design of Fire Protection for Petrochemical Enterprises" ( GB50160 ), and "Specifications for Design and Construction of Vehicle Refueling and Filling Station" ( GB50156 ), The relevant national and industrial standards such as the " Guidelines for the Design of Oil Depots " ( GB50074 );

(2) The main responsible person of the company and the safety production management personnel have the safety production knowledge and management capabilities that are compatible with the hazardous chemicals business activities of the company, and have passed the special safety production training and safety production supervision and management departments to pass the examination and obtain corresponding safety qualifications. Certificates: Special operators have been trained in special safety operations to obtain special operation certificates; other employees have passed the safety production education and professional and technical training in accordance with relevant regulations;

(3) There are sound safety production rules and regulations and post operating procedures;

(4) Emergency plans for accidents involving hazardous chemicals that meet the requirements of the State and are equipped with necessary emergency rescue equipment and equipment;

(5) Other safety production conditions stipulated by laws, regulations, and national or industrial standards.

The safety production rules and regulations stipulated in the preceding paragraph refer to the safety production responsibility system for all employees, the purchase and sales management system for hazardous chemicals, and the safety management system for hazardous chemicals (including fire prevention, explosion protection, anti-poisoning and anti-leakage management, etc.) and safety investment protection. Institutions, safety production reward and punishment system, safety production education and training system, hidden trouble investigation and management system, safety risk management system, emergency management system, accident management system, occupational health management system, etc.

Article 7 Where an applicant manages highly toxic chemicals, in addition to meeting the conditions prescribed in Article 6 of these Measures, it shall also establish the management of highly toxic chemicals for double acceptance, double custody, double delivery, double locks, double bookkeeping, etc. system.

Article 8 Where an applicant brings storage facilities to operate hazardous chemicals, in addition to meeting the conditions prescribed in Article 6 of these Measures, it shall meet the following conditions:

(1) For newly established warehouses specializing in the storage of hazardous chemicals, their storage facilities shall be established within the special areas for the storage of dangerous chemicals as planned by the local people's government;

(2) The distances between storage facilities and related sites, facilities and areas are in compliance with the relevant laws, regulations, rules and standards;

(3) Carrying out safety evaluation in accordance with relevant regulations, and the safety evaluation report complies with the requirements of the "Rules for the Safety Evaluation of Hazardous Chemicals Operating Enterprises";

(4) The full-time safety production management personnel shall have a secondary education or above in chemical engineering or safety engineering, or a professional title in chemical chemistry or above, or a registered safety engineer in the category of dangerous goods safety;

(5) The relevant provisions of the "Regulations on the Administration of Safety of Hazardous Chemicals," "Interim Provisions on the Supervision and Administration of Major Hazards of Hazardous Chemicals," and "General Rules for Storage of Hazardous Chemicals" ( GB15603 ).

Where an applicant stores flammable, explosive, toxic, or easily diffusible dangerous chemicals, in addition to meeting the conditions prescribed in the first paragraph of this Article, the applicant shall also comply with the provisions of the “Code for the Design and Examination of Petroleum and Chemical Combustible Gases and Poisonous Gases” ( GB50493 ). .

Chapter III Application and Issuance of Business Licenses

Article 9 An applicant applying for a business license shall, in accordance with the provisions of Article 5 of the present Measures, submit an application to the local municipal or county-level issuing authority (hereinafter referred to as the issuing authority collectively), submit the following documents and materials, and be responsible for its authenticity. :

(1) documents and applications for applying for operating licenses;

(2) List of catalogues of safety production rules and regulations and post operating procedures;

(3) relevant qualification certificates (reproduced copies) of the principal responsible persons of enterprises, safety production management personnel and special operating personnel, and certification materials for qualified training of other employees;

(4) Proof documents of ownership of premises or lease documents (copy);

(5) Business license or enterprise name pre-approval document (copy) issued by the administrative department of industry and commerce;

(6) Registration Form for the Registration of Emergency Plan for Dangerous Chemical Accidents (copy).

With storage facilities operating hazardous chemicals, the applicant shall also submit the following documents and materials:

(1) Storage facility related certification documents (copy); lease storage facilities, need to submit the lease certification documents (copy); storage facilities, new construction, reconstruction, expansion, need to submit dangerous chemicals construction project safety facilities completion acceptance report;

(2) certification documents for the registration of major hazard sources, certificates of technical titles of full-time safety production managers, or qualification certificates of registered safety engineers for safety of dangerous goods (replicas);

(c) Safety assessment report.

Article 10 After receiving the documents and materials submitted by the applicant , the issuing authority shall handle the cases according to the following circumstances:

(1) If an application does not require an operating permit, the applicant shall be notified on the spot that it will not be accepted;

(2) If the application does not belong to the scope of the authority of the issuing authority, a decision shall be made on the spot to reject the application, notify the applicant to apply to the relevant issuance authority, and return the application documents and materials;

(3) If there are mistakes in the application documents or materials that can be corrected on the spot, the applicant is allowed to correct on the spot and accept the application;

(4) Where the application documents or information are incomplete or do not meet the requirements, an on-site notification shall be issued or an informing notice shall be issued within 5 working days, and the applicant shall be notified at once of all the contents that need to be corrected; if the application is not notified after the deadline, the application documents shall be received. The date of the data is accepted;

(5) Where the application documents and data are complete and meet the requirements, or the applicant submits all the correction materials according to the requirements of the issuing authority, the application shall be accepted immediately.

If the issuing authority accepts or rejects the application for a business license, it shall issue a written certificate stamped with the seal of the agency and dated.

Article 11 After accepting an application for a business license, the issuing authority shall organize the review of the documents and materials submitted by the applicant, and appoint two or more staff members to conduct on-site verification of the applicant’s business premises and storage facilities, and accept the A decision on whether or not to grant a permit is made within 30 days from the date of issue.

The on-site verification of the issuing authority and the problems found in the applicant's rectification site inspection and the time required to modify the relevant application documents and materials are not calculated within the time limit specified in the preceding paragraph.

Article 12 Where a licensing authority makes a decision on approval, it shall issue an operating license within 10 working days from the date of the decision. Where the issuing authority makes a decision not to grant permission, the issuing authority shall notify the applicant in writing within 10 working days. And explain the reason, the notice should be affixed with the seal of the agency.

Article 13 The operating licenses are divided into originals and duplicates. The original is suspended and the duplicate is hinged. Originals and copies have the same legal effect.

The original and copy of the business license shall specify the following items:

(a) the name of the company;

(b) Business residence (registered address, place of business, storage location);

(3) The name of the legal representative of the company;

(d) the mode of operation;

(5) Permissible scope;

(6) The date of issuance and the period of validity;

(g) Certificate number;

(8) Issuing authority;

(9) The extension of the validity period.

Article 14 Where an enterprise that has obtained a business license changes its name, principal responsible person, registered address, or dangerous chemical storage facilities and its control measures, it shall, within 20 working days from the date of change, The issuing authority specified in the article submits a request for a change in writing and submits the following documents and materials:

(1) Application for change of business license;

(2) A copy of the changed industrial and commercial business license (copy);

(3) The main responsible person's safety qualification certificate (copy) after the change;

(4) relevant proof materials for changing the registered address;

(5) The special safety assessment report on the hazardous chemicals storage facilities and their monitoring measures after the change.

Article 15 After accepting a change application , the issuing authority shall organize the review of the documents and materials submitted by the company, and shall make a decision on whether or not to approve the change within 10 working days from the date of receipt of the application documents and materials .

Where the issuing authority makes a decision to grant a change, it shall reissue the business license and recover the original business license; if no change is made, it shall explain the reasons and notify the enterprise in writing.

If the business license is changed, the start date and the deadline of the validity period of the business license shall remain unchanged, but the date of change shall be stated.

Article 16 An enterprise that has obtained a business license shall construct, rebuild, or expand a hazardous chemical storage facility construction project, and shall, within 20 working days from the date of completion of the acceptance of the construction project's safety facilities , go to Article 5 of the present Measures. The designated issuing authority shall file an application for change, and submit the relevant documents and materials for the completion acceptance report of safety facilities for construction of dangerous chemicals. The issuing authority shall conduct inspections in accordance with the provisions of Articles 10 and 15 of these Measures and handle the changes.

Article 17 An enterprise that has obtained a business license shall, in one of the following circumstances, apply for a new business license in accordance with the provisions of these Measures, and submit the relevant documents and materials:

(1) Operating enterprises without storage facilities change their business premises;

(2) Operating companies with storage facilities change their storage locations;

(3) The warehousing enterprises have been reconstructed in different places;

(4) changes in the way of operation;

(5) Changes in the scope of the permit.

Article 18 The operating license is valid for 3 years. After the expiration of the period of validity, if an enterprise needs to continue to engage in hazardous chemicals business activities, it shall apply for the extension of the business license to the issuing authority specified in Article 5 of the Measures and submit the application for extension of the period 3 months prior to the expiry of the business license. The documents and the application documents and materials stipulated in Article 9 of these Measures.

When an enterprise applies for an extension of business license, it may file a change application at the same time and submit relevant documents and materials to the issuing authority.

Article 19 An enterprise that meets the following conditions may apply for the extension of its business license, and may not submit the documents and materials specified in Article 9 of the present Measures, with the consent of the issuing authority:

(1) Strictly abide by relevant laws, regulations and the present Measures;

(2) After obtaining the operating license, strengthen daily production safety management without reducing safety production conditions;

(3) Production safety accidents where no fatal accident or serious social impact has occurred.

Enterprises with storage facilities operating dangerous chemicals, in addition to meeting the conditions specified in the preceding paragraph, also need to obtain and submit a safety production standardization secondary standard compliance certificate (copy) for hazardous chemicals companies.

Article 20 After accepting the application for extension, the license-issuing authority shall review the application for extension in accordance with the provisions of Articles 10, 11 and 12 of these Measures, and make a decision on whether or not to extend the application before the validity period of the business license expires. The decision of the Issuing Authority that failed to make a decision within the time limit is deemed as an extension.

Where the issuing authority makes the decision to grant the extension, the validity of the business license shall be extended for three years.

Article 21 No unit or individual may forge or alter trading licenses, lease, lend or transfer the business licenses it obtained or use forged or altered business licenses.

Chapter IV Supervision and Management of Operating Licenses

Article 22    The issuing authority shall adhere to the principle of openness, fairness, and impartiality, and strictly examine and approve and issue operating licenses in accordance with the conditions and procedures stipulated by laws, regulations, rules, national standards, industry standards, and these Measures.

The issuing authority and its staff may not solicit or accept the property of the parties in the examination and approval, issuance, supervision and management of the business license, nor may they seek other interests.

Article 23 The issuing authority shall strengthen the supervision and administration of business licenses, establish and improve the examination and approval of business licenses, and issue a file management system, and regularly publish to the public the information on the enterprises' obtaining business licenses and accept social supervision.

Article 24 The issuing authority shall promptly notify the public security organs at the same level and the environmental protection department of the issuance of business licenses.

Article 25 : In the course of supervision and inspection, the production safety supervision and administration department finds that the enterprises that have obtained operating licenses no longer have the laws, regulations, rules, national standards, industry standards, and the safe production conditions stipulated in the present Measures, or they have violated the law. Any act prescribed by regulations, rules, regulations or these Measures shall be dealt with according to law, and the original issuing authority shall be informed in a timely manner.

Article 26 Where the issuing authority finds that an enterprise obtains a business license by fraud or bribery or other improper means, it shall cancel the business license already issued.

Article 27 Where an enterprise that has obtained a business license has one of the following circumstances, the issuing authority shall cancel its business license:

(1) The extension of the business license has not been approved after the expiry of the validity period;

(2) Terminating the operation of dangerous chemicals;

(3) The business license was revoked according to law;

(4) The business license is revoked according to law.

After the license issuing authority cancels its business license, it shall publish an announcement on the main local news media or its own website, and shall notify the local government of the enterprise and the safety production supervision and management department at or above the county level.

Article 28 The county-level issuing authority shall report the examination and approval, issuance, and supervision of the previous year's business license within its administrative area to the municipal-level issuing authority.

The municipal level issuing authority shall report on the examination, approval, issuance, and supervision and management of the previous year's business license in its own administrative area to the safety production supervision and administration department of the people's government of the province, autonomous region or municipality directly under the central government.

The production safety supervision and administration departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall, in accordance with relevant statistical regulations, report the examination, approval, issuance, and supervision and management of the previous year's operating licenses within their respective administrative regions to the State Administration of Work Safety.

Chapter V Legal Liability

Article 29 Whoever engages in the operation of dangerous chemicals without obtaining a business license shall be concurrently punished by a fine in accordance with the provisions of the "Safe Production Law of the People's Republic of China" concerning the legal responsibility for the unauthorized production, operation and storage of dangerous goods without lawful approval; , investigate criminal responsibility according to law.

If an enterprise still engages in the operation of dangerous chemicals after the expiration of the validity period of the business license, it shall be punished in accordance with the provisions of the preceding paragraph.

Article 30 Enterprises with storage facilities that violate the "Regulations on the Safety Management of Hazardous Chemicals" in one of the following circumstances shall be ordered to make corrections and shall be fined between 50,000 yuan and 100,000 yuan; if they refuse to correct, they shall be ordered to stop production. Retired from business; after the suspension of business, rectification and rectification still does not meet the requirements for safe production as stipulated by laws, regulations, rules, national standards, and industry standards, its business license shall be revoked:

(1) Do not inspect the reusable hazardous chemical packages and containers before repeated use;

(2) failing to provide relevant safety facilities and equipment at the workplace according to the types and hazardous characteristics of the hazardous chemicals it has stored, or failing to perform regular maintenance and maintenance of safety facilities and equipment in accordance with national standards, industry standards, or relevant state regulations. of;

(3) The hazardous chemicals are not stored in a dedicated warehouse, or toxic chemicals and other dangerous chemicals that constitute a major hazard source are not stored in a dedicated warehouse;

(4) failing to conduct regular safety assessments of its safety production conditions;

(5) The storage methods, methods or storage quantities of dangerous chemicals do not conform to the national standards or the relevant national regulations;

(6) The special warehouse for hazardous chemicals does not meet the requirements of national standards and industry standards;

(7) Failure to regularly inspect and inspect the safety facilities and equipment of special warehouses for hazardous chemicals.

Article 31 Whoever falsifies or alters or leases out, lends or transfers business licenses or uses forged or altered business licenses shall be fined not less than 100,000 yuan but not more than 200,000 yuan, and shall be liable to confiscate the illegal proceeds. Income; constitute a violation of public security management practices, according to the law to give public security management punishment; constitute a crime, shall be investigated for criminal responsibility according to law.

Article 32 If an enterprise that has obtained a business license no longer possesses the safe production conditions as stipulated by laws, regulations and these Measures, it shall be ordered to make corrections; if it is not corrected after the time limit, it shall be ordered to suspend production for rectification; In the case of safe production conditions as stipulated by laws, regulations, national standards and industry standards, their business licenses shall be revoked.

Article 33 If any enterprise that has obtained a business license appears in any of the circumstances provided for in Articles 14 and 16 of these Measures and fails to apply for a change in accordance with the provisions of these Measures, it shall be ordered to make correction within a time limit of no more than 10,000 yuan. fine; fails again to apply the change, a fine of 10,000