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江西省人民政府令189號(hào)
（江西省人民政府法制辦公室 翻譯）
Decree of the People’s Government of Jiangxi Province
No.189
Measures of Jiangxi Province for Implementation of Work Safety License for Non-coal Mining Enterprises, deliberated and adopted at the 46th Executive Meeting of the People’s Government of Jiangxi Province on January 24, 2011, is hereby promulgated and shall come into effect as of March 1, 2011.
Governor: Wu Xinxiong
January 31, 2011
Measures of Jiangxi Province for Implementation of Work Safety License for Non-coal Mining Enterprises
Chapter 1 General Provisions
Article 1
In order to strictly regulate the work safety conditions of non-coal mining enterprises, implement sound administration on the issuance of work safety license for non-coal mining enterprises, the Measures is enacted pursuant to the realities of the province and fully in accordance with the Regulations on Work Safety License (hereinafter referred to as the Regulations) issued by the State Council and other laws and administrative rules.
Article 2
The non-coal mining enterprises within the administrative region of the province shall acquire the work safety license according to law, and they shall not engage in the production if without work safety license.
The non-coal mining enterprises mentioned in the Measures refer to metal and non-metal mining enterprises and their tailings ponds, geological exploration units, mining construction enterprises and oil and gas enterprises as well.
Article 3
It is the responsibility of provincial administration of work safety to issue and administer the work safety license for the following non-coal mining enterprises:
（1） The non-coal mining enterprises managed by the Central Government within the boundary of the province, which have not been included in the scope of work safety license issued by the State Administration of Work Safety;
（2） The opencast non-coal mining enterprises and their tailings ponds directly under the provincial government and across the cities with districts;
（3） The underground non-coal mining enterprises and their tailings ponds;
（4） The brine mining enterprises directly under the provincial government;
（5） The underground non-coal mining construction enterprises and opencast non-coal mining construction enterprises directly under the provincial government;
（6） The geological exploration units directly under the provincial government;
（7） Other tailings ponds of grade 4 or above.
Article 4
As authorized by the provincial administration of work safety, the administration of work safety of the city with districts shall issue and administer the work safety license for the following non-coal mining enterprises:
（1） The opencast non-coal mining enterprises and their tailings ponds of grade 5 directly under the government below the provincial level;
（2） The opencast non-coal mining construction enterprises directly under the government below the provincial level;
（3） The geological exploration units directly under the government below the provincial level;
（4） The brine mining enterprises directly under the government below the provincial level;
（5） Other non-coal mining enterprises with tailings ponds of grade 5.
Article 5
As authorized by the provincial administration of work safety, the administration of work safety of the county (city or district) shall issue and administer the work safety license for the following non-coal mining enterprises:
（1） The brick and tile clay pits;
（2） The sandpits;
（3） The geothermal water, hot spring water and mineral water mining enterprises directly under the government below the provincial level.
Article 6
The provincial administration of work safety shall announce to the public the administration of work safety of the authorized cities with districts, counties (cities or districts) (hereinafter referred to as the authorized issuing authorities) and the information about work safety licensing system as authorized to implement.
The provincial administration of work safety shall be responsible for supervision over the acts of authorized issuing authorities during their implementation of work safety licensing system. The authorized issuing authorities shall implement the work safety licensing system within their scope of authority and in the name of provincial administration of work safety, and shall not reauthorize other organizations or individuals in this regard.
Article 7
Any unit or individual shall have the right to report the activities in violation of the Measures to the administration of work safety or supervisory organs and other departments.
Chapter 2 Application and Acceptance
Article 8
The non-coal mining enterprises who apply for work safety license shall comply with the Regulations and the conditions prescribed by administration of work safety under the State Council, and shall apply to the relevant administration of work safety in accordance with the following provisions:
（1） The non-coal mining enterprises as prescribed in Article 3 of the Measures shall apply to the provincial administration of work safety;
（2） The non-coal mining enterprises as prescribed in Article 4 of the Measures shall apply to the administration of work safety of the city with districts where the enterprises are;
（3） The non-coal mining enterprises as prescribed in Article 5 of the Measures shall apply to the administration of work safety of the county (city or district) where the enterprises are.
Article 9
The non-coal mining enterprises who apply for work safety license shall provide the following documents or materials:
（1） Application for work safety license;
（2） Copy of Business License or copy of Certificate of Pre-approval for Enterprise’s Name;
（3） Copy of mining license, and copy of Approval for Gold Mining in terms of gold mining enterprise;
（4） Copies of various work safety responsibility systems;
（5） Directory listing of work safety rules and regulations and operating procedures;
（6） Copies of the documents for establishment of work safety department and arrangement of work safety managerial staff;
（7） Copies of certificates of safety qualifications of principal persons in charge and work safety managerial staff;
（8） Copies of certificates of operating qualifications for special operators;
（9） Supporting materials for work safety funds already withdrawn in full amount;
（10） Supporting materials of payment for employees’ industrial injury insurance or liability insurance of work safety;
（11） Report of conformity issued by the competent inspection or test agency for the equipments or facilities at a higher risk of danger;
（12） Plan for emergency rescue, document for establishment of emergency rescue organization or agreement with mine rescue team and other emergency rescue organizations;
（13） Supporting materials of final acceptance by administration of work safety over the safety facilities of mining construction projects.
Article 10
Where the head office of non-coal mining enterprise (inclusive of group, corporation and listed company, hereinafter similarly) applies for work safety license, no documents or materials prescribed in paragraphs (3), (8), (9), (10), (11), (12) and (13) of Article 9 of the Measures shall be provided.
Where a tailings pond applies for work safety license, no documents or materials prescribed in 3) of Article 9 of the Measures shall be provided.
Where a geological exploration unit applies for work safety license, no documents or materials prescribed in paragraphs (3), (9) and (13) of Article 9 of the Measures shall be provided, but the copy of certificate of qualifications for drilling (or pitting) geological survey issued by the corresponding department of land and resources shall be provided.
Where a mining construction enterprise applies for work safety license, no documents or materials prescribed in paragraphs (3), (9) and (13) of Article 9 of the Measures shall be provided, but the copy of certificate of qualifications for mining construction issued by the corresponding department of construction shall be provided.
Where an oil and gas exploration unit applies for work safety license, no documents or materials prescribed in paragraphs (3) and (13) of Article 9 of the Measures shall be provided.
Article 11
The non-coal mining enterprises shall be responsible for the truthfulness of the relevant documents or materials provided thereby.
The intermediary agencies undertaking the safety assessment, certification, design, inspection, test, supervision and so on shall be responsible for the reports of assessment and inspection and test issued thereby and their acts of certification, design, supervision and consequences thereof.
Article 12
The administration of work safety shall handle the applications, documents or materials from non-coal mining enterprises respectively in accordance with the following provisions:
（1） Where the matters as applied for are beyond the scope of its functions and powers, the said administration shall decide not to accept the application immediately and issue the Notice of Not Accepting the Application for Work Safety License from Non-coal Mining Enterprises, and inform the applicant to apply to the other authority concerned;
（2） Where any errors are found in the application and can be corrected on the spot, the said administration shall allow or ask the applicant to correct them on the spot, and issue the Notice of Accepting the Application for Work Safety License from Non-coal Mining Enterprises until the correction is completed;
（3） Where the application materials are incompletely provided or not in a legal form, the said administration shall issue the Notification of Supplements or Corrections to the Application Materials for Work Safety License from Non-coal Mining Enterprises then and there or within five working days to notify the applicant of all necessary supplements and corrections at one time off. Where the said administration fails to notify within a prescribed time-limit, such application materials shall be deemed to be accepted from the day of receipt;
（4） Where the application materials are provided completely or in a legal form or have already been supplemented or corrected to meet the requirements, the application materials or all materials that have been supplemented or corrected shall be deemed to be accepted from the day of receipt.
Chapter 3 Examination, Approval and Issuance
Article 13
The administration of work safety of the province and city with districts shall, after accepting the application, solicit the opinions in writing from administration of work safety of a lower level or relevant departments of the corresponding level in the locality of non-coal mining enterprise. The administration of work safety of the county (city or district) shall, after accepting the application, solicit the opinions in writing from the people’s government of town or township, sub-district office or relevant departments of the corresponding level in the locality of non-coal mining enterprise.
The departments and units that have been asked for opinions shall produce opinions in writing within five working days after receiving the Letter of Soliciting Opinions Over Work Safety License of Non-coal Mining Enterprises. Where they fail to produce opinions in writing within a prescribed time-limit, they shall be considered as having no opinions.
After accepting the application, the provincial administration of work safety or its authorized issuing authorities shall assign two or more functionaries for examination on the application materials received. Where it is necessary to verify on the spot, two or more functionaries shall be sent to the site for verification, and the applicant shall assist in work.
Article 14
The provincial administration of work safety or its authorized issuing authorities shall decide whether to issue work safety license or not within twenty-one working days after the application is accepted. In case of site verification, the period of verification shall not be included.
Where a decision has been made to issue work safety license, the applicant shall be served a notice or informed to acquire work safety license within ten working days after the decision is made. Where a decision has been made not to issue work safety license, it’s required to send a notice of not issuing work safety license for non-coal mining enterprise within ten working days to notify the applicant in writing, give reasons therefor and inform the applicant that it has the right to apply for administrative reconsideration or bring an administrative suit according to law.
Article 15
The provincial administration of work safety or its authorized issuing authorities shall issue work safety license for non-coal mining enterprises in accordance with the following provisions:
（1） In respect of the head office of metal and non-metal mining enterprises, issue work safety license to the head office;
（2） In respect of the metal and non-metal mining enterprises, issue work safety license respectively to enterprises and independent production systems affiliated to them;
（3） In respect of the metal and non-metal mining enterprise that has only one independent production system, issue work safety license to the enterprise only;
（4） In respect of the geological exploration units, issue work safety license to the unit with corporate capacity at the lowest level;
（5） In respect of the mining construction enterprises, issue work safety license to the enterprises;
（6） In respect of the tailings ponds, issue work safety license to the tailings ponds separately.
Article 16
No work safety license shall be issued, provided that one of the following hidden dangers to cause major production accidents has been found in the non-coal mining enterprises after the provincial administration of work safety or its authorized issuing authorities have arranged for examination on the application received or sent functionaries for site verification.
（1） Where the emergency exits of underground mine fail to comply with the requirements prescribed by laws, administrative rules, standards and procedures;
（2） Where no safety assessment has been made on the new construction, reconstruction or extension of non-coal mining projects according to law, and their safety facilities have not passed the final acceptance by the administration of work safety;
（3） Where the slice height of small-scale and opencast quarry exceeds the height prescribed by the State;
（4） Where the safe boundary distance of small-scale and opencast quarry is less than 300 meters;
（5） Other circumstances as prescribed by laws and administrative rules.
Article 17
No unit or individual shall transfer, fraudulently use, buy, sell, rent out, lend or use the counterfeited work safety license for non-coal mining enterprise.
Chapter 4 Extension and Alteration
Article 18
The work safety license is valid for three years. Where it is necessary to extend the term of validity at the expiry, the non-coal mining enterprises shall apply to the provincial administration of work safety or its originally authorized issuing authorities for extension and go through the formalities for extension three months prior to the expiry.
The independent production systems and tailings ponds affiliated to the metal and non-metal mines, independent oil and gas production systems and their operating units shall submit the report of assessment on the present conditions of safety issued by the competent intermediary agency and drawings of actual measurement in the latest six months.
The provincial administration of work safety or its originally authorized issuing authorities shall review, in accordance with provisions of Article 12 and Article 13 of the Measures, the documents and materials that have been provided by non-coal mining enterprises for the purpose of applying for extension, and shall determine whether to approve the extension or not. Where a decision has been made to approve the extension, it’s required to take back the original work safety license and issue a new one, and where a decision has been made to disapprove the extension, it’s required to notify the applicant in writing and give reasons therefor.
Article 19
The non-coal mining enterprises, who have met the following conditions and applied for extension at the expiry of work safety license, may go through the formalities for extension directly without review after being approved by the provincial administration of work safety or its originally authorized issuing authorities.
（1） The said enterprises having intensified daily management of work safety, no illegal records about work safety, no lowering of conditions for work safety and up to grade-2 or above at the safety standardization rating since the work safety license is acquired;
（2） Subject to the work safety supervision and inspection by the administration of work safety of the province and local people’s government;
（3） No fatal accidents.
Article 20
In case of occurrence of one of the following circumstances, the non-coal mining enterprises shall, within the term of validity of work safety license, apply to the provincial administration of work safety or its authorized issuing authorities for alteration of work safety license within thirty working days of registering the changes of business license with the administration of industry & commerce.
（1） Change of enterprise name;
（2） Change of principal person in charge;
（3） Change of economic type;
（4） Change of address;
（5） Change of licensed scope.
In case of change of subordination and occurrence of one of such circumstances as reconstructed, expanded or integrated projects, the non-coal mining enterprises shall, within the term of validity of work safety license, apply to the provincial administration of work safety or its authorized issuing authorities for alteration of work safety license within ten working days of changing the subordination and passing the final acceptance.
Article 21
To apply for alteration of work safety license, the non-coal mining enterprises shall submit the following documents or materials:
（1） Application for alteration;
（2） Original and copy of work safety license;
In case of change of business license, the non-coal mining enterprises shall also submit the copy of business license changed, and in case of change of principal person in charge, the certificate of safety qualifications of principal person in charge shall be submitted as well.
In case of change of enterprise name and licensed scope, the metal and non-metal mining enterprises shall also submit the copy of mining license changed.
In case of change of subordination, the non-coal mining enterprises shall also submit the supporting materials for the change of subordination, and in case of reconstructed, expanded or integrated projects, the supporting materials for passing the final acceptance shall be submitted as well.
Article 22
Where the application for alteration has been accepted, the provincial administration of work safety or its authorized issuing authorities shall complete the procedures for alteration of work safety within ten working days of examining and verifying the relevant documents and materials from the applicant.
Chapter 5 Supervision and Administration
Article 23
After acquiring the work safety license, the non-coal mining enterprises shall intensify the daily management of work safety, shall not lower the conditions for work safety, and shall be subject to the supervision and inspection by administration of work safety.
Article 24
A geological exploration unit or mining construction enterprise registered outside the province shall submit its work safety license, certificate of qualifications of the relevant managerial staff and other materials to file with the provincial administration of work safety before its operations and carry the filing form to register with local administration of work safety of the county (city or district).
Article 25
The provincial administration of work safety may cancel its authorization under one of the following circumstances on the part of its authorized issuing authorities:
（1） Seriously abusing their powers and neglecting their duties during the process of issuing work safety license;
（2） Issuing work safety license beyond the limit of authority;
（3） Issuing work safety license in violation of the procedures prescribed in the Measures;
（4） Issuing work safety license to the non-coal mining enterprises failing to meet the conditions of work safety.
Article 26
Under one of the circumstances, the administration of work safety or its administrative department of a higher level which has decided to grant work safety license may revoke the work safety license issued to non-coal mining enterprises pursuant to the request of interested party or its functions and powers.
（1） A decision to grant work safety license is made by the working staff who have abused their powers and neglected their duties;
（2） A decision to grant work safety license is made beyond the statutory functions and powers;
（3） A decision to grant work safety license is made in violation of the procedures prescribed in the Measures;
（4） Granting work safety license to the non-coal mining enterprises failing to meet the statutory conditions of work safety.
The work safety license shall be revoked, provided that non-coal mining enterprises have acquired the license by fraud, bribery or by other illegal means.
The work safety license shall not be revoked, provided that such revocation made in accordance with the two preceding paragraphs will possibly cause serious damage on the public interests.
Where the work safety license has been revoked in accordance with the provisions in the first paragraph of this Article and the licensee’s legitimate rights and interests have been damaged, the provincial administration of work safety or its authorized issuing authorities shall compensate for the damage thus caused according to law. Where the work safety license is revoked in accordance with the provisions in the second paragraph of this Article, the benefits thus obtained by non-coal mining enterprises for the work safety license shall not be protected.
Article 27
Where the work safety license is still within the term of validity, but the mining license is about to expire, the non-coal mining enterprises shall, within fifteen days prior to the expiry of mining license, hand back the original and copy of work safety license to the provincial administration of work safety or its originally authorized issuing authorities.
Where the department of land and resources seizes temporarily the mining license of a non-coal mining enterprise, it shall notify the relevant administration of work safety, and the administration of work safety shall take back promptly the work safety license and shall not return until the expiration of temporary seizure of mining license.
Where the mining license is revoked, withdrawn or nullified within the term of validity of work safety license, the provincial administration of work safety or its authorized issuing authorities shall take back the work safety license promptly.
Where a non-coal mining enterprise is terminated, the provincial administration of work safety or its authorized issuing authorities shall nullify the work safety license according to law.
Article 28
The administrations of work safety at or above the county level shall strengthen, according to their respective functions and duties, the routine supervision and inspection over non-coal mining enterprises that have acquired the work safety licenses within their administrative regions. During the supervision and inspection, they shall record the particulars of supervision and inspection and results of disposal, and the records shall be kept on file after being signed by two or more supervisors and inspectors.
The public shall have the right to review the records of supervision and inspection.
Article 29
The authorized issuing authorities shall, prior to the first ten days of every month, report to the provincial administration of work safety about their issue of work safety license over the previous month.
The provincial administration of work safety shall publish to the society on its website the list of non-coal mining enterprises that have acquired the work safety license once every six months.
Article 30
The departments of administration of work safety, land & resources, administration of industry & commerce, public security and others shall establish the information exchange system. Every department shall handle and recheck the licenses relevant to non-coal mining enterprises according to law and inform the departments concerned by letter. Where any problem of work safety has been found in the law-enforcement inspection over non-coal mining enterprise, the department concerned shall immediately inform the administration of work safety by letter, and the administration of work safety shall revoke, withdraw or nullify the work safety license of that non-coal mining enterprise according to law. Where unlicensed production is found therein, it shall immediately inform the departments concerned by letter, and such departments shall take the relevant measures according to law.
Chapter 6 Legal Responsibility
Article 31
Where there are special provisions on legal responsibility for violation of the Measures in other laws, administrative rules and regulations concerned, such provisions shall prevail. Where the case constitutes a crime, it shall be investigated for criminal responsibility according to law.
Article 32
Where the staff for administration of work safety have committed one of the following acts, they shall be given administrative sanctions of demotion or dismissal, and if constituting a crime, they shall be investigated for criminal responsibility according to law.
（1） Issue a work safety license to a non-coal mining enterprise that has not met the statutory conditions for work safety;
（2） Fail to lawfully deal with the non-coal mining enterprise that has been found to engage arbitrarily in the production even without the work safety license required by law;
（3） Fail to lawfully deal with the non-coal mining enterprise that has acquired the work safety license, but is found not to meet the statutory conditions for work safety;
（4） Fail to promptly deal with the report on the act of violating the Measures after receiving it;
（5） Ask for or receive money and goods or seek other personal gains from non-coal mining enterprise during the process of issuing, administrating, supervising or inspecting the work safety license.
Article 33
Where a non-coal mining enterprise conceals any relevant information or provides false materials in applying for work safety license, the provincial administration of work safety or its authorized issuing authorities shall not accept the application or grant the license, but give a warning, and the enterprise involved shall not be allowed to apply for work safety license again within one year.
Where a non-coal mining enterprise has acquired the work safety license by deception, bribery or by other improper means, it shall be given a warning by the provincial administration of work safety or its authorized issuing authorities, and may be imposed a fine of more than RMB10,000.00 yuan, but less than RMB 30,000.00 yuan. Additionally, the enterprise involved shall not be allowed to apply for work safety license again within three years.
Article 34
Where the intermediary agencies for safety assessment, certification, design, inspection, test and supervision of non-coal mining enterprises have offered the falsified report or certificate, but not constituted a criminal offense yet, they shall be imposed a fine of more than RMB5,000.00 yuan, but less than RMB 20,000.00 yuan, and their staff directly in charge and other persons directly responsible for shall be imposed a fine of more than RMB5,000.00 yuan, but less than RMB 30,000.00 yuan.
Chapter 7 Supplementary Provisions
Article 35
The metal and non-metal mining enterprises herein refer to the following units for the mining of metal and non-metal mineral resources.
（1） Production units for the professional mining of mineral resources, excluding those for sand excavation in the river courses;
（2） Joint production enterprises or mining production units for the mining and processing of mineral resources;
（3） Other units for mining production within the non-mining enterprises
The tailings pond herein refers to a storage space constructed by damming a river or blocking up a mouth of valley or enclosing a land area just for the storage of tailings out of metal and non-metal ore dressing process, which includes the red mud reservoir of alumina plant, but excludes the tailings pond of nuclear industry and coal ash pond of power plant.
The geological exploration units herein refer to the units for exploration of metal and non-metal mineral resources by means of drilling or pitting geological survey.
The mining construction enterprises herein refer to the units for mining construction of metal and non-metal mines, which include the enterprises to contract for rock drilling, explosion, withdrawal of ore and supporting operations in the mining construction of non-coal mine.
The oil and gas enterprises herein refer to the units for exploration, development, production, warehousing and transportation of petroleum oil and natural gas.
Article 36
The Measures shall come into effect as of March 1, 2011, and the Measures of Jiangxi Province for Work Safety License of Non-coal Mining Enterprises promulgated by the People’s Government of Jiangxi Province on January 10, 2005 shall be annulled simultaneously.
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