Provisions of the State Council on Investigation for Administrative Responsibility for Extraordinarily Serious Safety Accidents
Provisions of the State Council on Investigation for Administrative Responsibility for Extraordinarily Serious Safety Accidents
Provisions of the State Council on Investigation for Administrative Responsibility for Extraordinarily Serious Safety Accidents
Order of the State Council of the People's Republic of China [2001] No. 302
April 21, 2001
The Provisions of the State Council on Investigation for Administrative Responsibility for Extraordinarily Serious Safety Accidents is released hereby and shall take effect as of the date of promulgation.
Premier Zhu Rongji
Appendix: Provisions of the State Council on Investigation for Administrative Responsibility for Extraordinarily Serious Safety Accidents
Article 1 These Provisions are formulated for the purposes of effectively preventing occurrence of extraordinarily serious safety accidents, earnestly investigating for administrative responsibility for extraordinarily serious safety accidents and safeguarding the safety of life and property of the people.
Article 2 Where, according to the provisions of laws, administrative regulations and these Provisions, the principal leader of a local people's government or the highest responsible person of a relevant government department commits an act of default or negligence of his duty or shall assume the leading responsibility for prevention or occurrence of the following extraordinarily serious safety accidents, he shall be given administrative sanctions according to these Provisions; where he commits a crime of dereliction of duty or any other crime, he shall be investigated for criminal responsibility according to law.
1. extraordinarily serious fire accidents;
2. extraordinarily serious traffic safety accidents;
3. extraordinarily serious construction quality safety accidents;
4. extraordinarily serious safety accidents in civil explosives or dangerous chemicals;
5. extraordinarily serious safety accidents in coal mines or other mines;
6. extraordinarily serious safety accidents in boilers, pressure containers, pressure pipes or lines or special equipment; or
7. other extraordinarily serious safety accidents.
The persons who are directly in charge and the other persons who are directly responsible of the local people's governments or relevant government departments for prevention or occurrence of extraordinarily serious safety accidents shall be given administrative sanctions by applying mutatis mutandis these Provisions; where they commit crimes of dereliction of duty or other crimes, they shall be investigated for criminal responsibility according to law.
Criminal penalties, administrative penalties and civil responsibilities imposed on the units and individuals that cause extraordinarily serious safety accidents shall be governed by the provisions of relevant laws, regulations and rules.
Article 3 Specific criteria for extraordinarily serious safety accidents shall be implemented in accordance with the relevant provisions of the State.
Article 4 The local people's governments at various levels and relevant government departments shall, in accordance with the provisions of relevant laws, regulations and rules, take administrative measures to conduct safety supervision and control within their respective areas and to safeguard the safety of life and property of the people within their respective areas, and be responsible for preventing occurrence of extraordinarily serious safety accidents, and for rapid and correct treatment after occurrence of the accidents within their respective areas or the scope of their duties.
Article 5 A local people's government shall hold at least one meeting each quarter for guarding against extraordinarily serious safety accidents. The principal leader of the government or his authorized leader of the government who is in charge shall summon the highest responsible persons of relevant departments to attend the meeting for analyzing, arranging, urging and inspecting the work of guarding against extraordinarily serious safety accidents within its area.
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