Regulations on the Safety Administration of Explosives for Civilian Use (2014 Revision)

Regulations on the Safety Administration of Explosives for Civilian Use (2014 Revision) Regulations on the Safety Administration of Explosives for Civilian Use (Promulgated by the Order No. 466 of the State Council of the People's Republic of China on May 10, 2006; and revised in accordance with the Decision of the State Council on Amending Some Administrative Regulations on July 29, 2014) 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" as 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 explosives for civil uses 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 explosives for civil uses 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 explosives for civil uses, 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 as 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 as 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 explosives for civil uses under the State Council. The administrative department of explosives for civil uses 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. 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 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. 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 as 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 explosives for civil uses 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 explosives for civil uses under the State Council. The administrative department of explosives for civil uses 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 fo......