Regulation on the Supervision and Management of Civil Nuclear Safety Equipment (2019 Revision)

Regulation on the Supervision and Management of Civil Nuclear Safety Equipment (2019 Revision) Regulation on the Supervision and Management of Civil Nuclear Safety Equipment (Promulgated by Order No. 500 of the State Council of the People's Republic of China on July 11, 2007; revised in accordance with the Decision of the State Council on Amending Some Administrative Regulations on February 6, 2016, and amended in accordance with the Decision of the State Council to Amend Certain Administrative Regulations on March 2, 2019) Chapter I General Provisions Article 1 This Regulation is made to strengthen the supervision and management of civil nuclear safety equipment, guarantee the safe operation of civil nuclear facilities, prevent nuclear accidents, protect the health of working staff and the general public, protect the environment, and promote the smooth development of the nuclear power cause. Article 2 The civil nuclear safety equipment as mentioned in this Regulation shall refer to the equipment performing the nuclear safety functions, which is used in the civil nuclear facilities, including the nuclear safety machinery equipment and nuclear safety electrical equipment. The catalogue of civil nuclear safety equipment shall be made and issued by the nuclear safety regulatory authority of the State Council in consultation with the relevant authorities of the State Council. Article 3 The design, manufacturing, installation and nondestructive inspection of civil nuclear safety equipment shall be subject to this Regulation. The maintenance of civil nuclear safety equipment carried away from the sites of civil nuclear facilities shall be subject to the relevant provisions on the manufacturing of civil nuclear safety equipment. Article 4 The nuclear safety regulatory authority of the State Council shall conduct the supervision and management of the design, manufacturing, installation and nondestructive inspection of civil nuclear safety equipment. The competent nuclear industry authority and other relevant authorities of the State Council shall be responsible for the relevant work according to the division of responsibilities as provided for by this Regulation and the State Council. Article 5 The entities engaging in the design, manufacturing, installation and nondestructive inspection of civil nuclear safety equipment shall establish and enhance a responsibility system, strengthen the quality control, and assume the full responsibility for such design, manufacturing, installation and nondestructive inspection of civil nuclear safety equipment. The entities operating the civil nuclear facilities shall examine, test, inspect and maintain the civil nuclear safety equipment in service, and assume the full responsibility for the use and operating safety of civil nuclear safety equipment. Article 6 The design, manufacturing, installation and nondestructive inspection of civil nuclear safety equipment shall be in conformity with the relevant industrial policies of the state. The state shall encourage the science and technology research on the design, manufacturing, installation and nondestructive inspection of civil nuclear safety equipment to improve the safety level. Article 7 Any entity or individual shall have the right to inform the nuclear safety regulatory authority of the State Council of any violation of the provisions of this Regulation. After receiving such information, the nuclear safety regulatory authority of the State Council shall timely investigate and dispose of it, and keep the informer confidential. Chapter II Standards Article 8 The standards for civil nuclear safety equipment shall be the technical basis for the design, manufacturing, installation and nondestructive inspection of civil nuclear safety equipment. Article 9 The state shall establish and enhance a system of standards for civil nuclear safety equipment. In the making of the standards for civil nuclear safety equipment, full consideration shall be given to the technological development and use requirements of civil nuclear safety equipment, in combination with the industrial basis and technological level of our country, so as to make it safe and reliable, technologically mature and economically reasonable. The standards for civil nuclear safety equipment shall include the national standards, industrial standards and enterprise standards. Article 10 The nuclear safety regulatory authority of the State Council shall organize the drafting of the national standards for civil nuclear safety equipment involving the basic principles and technical requirements for nuclear safety, which shall be jointly issued by the competent standardization authority and the nuclear safety regulatory authority of the State Council. The competent nuclear industry authority of the State Council shall organize the drafting of other national standards for civil nuclear safety equipment, which shall be issued by the competent standardization authority of the State Council after being accepted by the nuclear safety regulatory authority of the State Council. The competent nuclear industry authority of the State Council shall organize the drafting of the industrial standards for civil nuclear safety equipment, which shall be issued by the competent nuclear industry authority of the State Council after being accepted by the nuclear safety regulatory authority of the State Council and shall be submitted to the competent standardization authority of the State Council for archival purposes. In the making of the national and industrial standards for civil nuclear safety equipment, the opinions of the relevant authorities and experts shall be fully heeded. Article 11 In the absence of the relevant national and industrial standards, the entities engaging in the design, manufacturing, installation and nondestructive inspection shall adopt the standards as accepted by the nuclear safety regulatory authority of the State Council. Chapter III Licenses Article 12 The entities engaging in the design, manufacturing, installation and nondestructive inspection of civil nuclear safety equipment shall apply for the licenses as provided for in this Regulation. Article 13 An entity applying for a license for the design, manufacturing, installation or nondestructive inspection of civil nuclear safety equipment shall meet the following conditions: 1. Having a legal person status; 2. Having work performance related or similar to the proposed activity for at least five years; 3. Having the specialized technical staff who are qualified after examination and suitable for the proposed activity, of whom those engaging in the weld and nondestructive inspection of civil nuclear safety equipment shall have obtained the relevant certificates of qualification; 4. Having the work places, facilities and equipment suitable for the proposed activity; and 5. Having a complete management system, a sound quality assurance system, and a quality assurance program consistent with the nuclear safety regulatory rules. An entity applying for a license for manufacturing or a license for installation of civil nuclear safety equipment shall also make a representative simulation. Article 14 An entity applying for a license for the design, manufacturing, installation or nondestructive inspection of civil nuclear safety equipment shall file a written application with the nuclear safety regulatory authority of the State Council, and submit the evidential materials that it meets the conditions as set forth in Article 13 of this Regulation. Article 15 The nuclear safety regulatory authority of the State Council shall finish the examination of an application within 45 working days as of the date of acceptance of the application, issue a license and make an announcement, if the conditions are met; or notify in writing the applicant of reasons for denial, if the conditions are not met. In the examination, the nuclear safety regulatory authority of the State Council shall organize experts to conduct technical review, and solicit opinions from the competent nuclear industry authority and other relevant authorities of the State Council. The time necessary for a technical review shall not be counted in the time limit as set forth in the preceding paragraph. Article 16 A license for the design, manufacturing, installation or nondestructive inspection of civil nuclear safety equipment shall expressly state the following contents: 1. Name, address and legal representative of an entity; 2. Types and extent of activities as approved; 3. Term of validity; and 4. Issuing authority, issuing date and license number. Article 17 An entity engaging in the design, manufacturing, installation or nondestructive inspection of civil nuclear safety equipment, which modifies its name, address or legal representative, shall apply to the nuclear safety regulatory authority of the State Council for conducting the license modification formalities within 20 days as of the date of modification registration with the industrial and commercial authority. An entity engaging in the design, manufacturing, installation or nondestructive inspection of civil nuclear safety equipment, which intends to modify the types or extent of activities as stated in a license, shall reapply for a license to the nuclear safety regulatory authority of the State Council according to the original application procedures. Article 18 The term of validity of a license for the design, manufacturing, installation or nondestructive inspection of civil nuclear safety equipment shall be five years. An entity engaging in the design, manufacturing, installation or nondestructive inspection of civil nuclear safety equipment, which needs to continue the relevant activities at the expiration of the term of validity of a license, shall file an extension application with the nuclear safety regulatory authority of the State Council six months before the expiration of the term of validity of a license. The nuclear safety regulatory authority shall make a decision on whether or not to approve the extension before the expiration of the term of validity of a license; and shall be deemed as having approved the extension, if it fails to make a decision within the time limit. Article 19 It shall be prohibited to engage in any activities of the design, manufacturing, installation or nondestructive inspection of civil nuclear safety equipment without a license or not in conformity with the types and extent of activities as stated in a license. It shall be prohibited to delegate the design, manufacturing, installation or nondestructive inspection of civil nuclear safety equipment to an entity having not obtained the relevant license. It shall be prohibited to forge, alter or tra......