Regulation on Work Safety Licenses
Order of the State Council [2004] No. 397
January 13, 2004
The Regulation on Work Safety Licenses, which has been adopted at the 34th executive meeting of the State Council on January 7th 2004, is hereby promulgated and shall come into force as of the day of promulgation.
Wen Jiabao, Premier of the State Council
Appendix: Regulation on Work Safety Licenses
Article 1 With a view to strictly regulating work safety conditions, further enhancing work safety supervision and administration, thus preventing and reducing work accidents, this Regulation is hereby formulated in accordance with the Work Safety Law of the People's Republic of China.
Article 2 The State applies a work safety licensing system to enterprises engaged in mining, construction, and the production of dangerous chemicals, fireworks and crackers, and blasting equipment for civil use (hereinafter referred to as enterprises).
No such enterprises may engage in production activities without work safety licenses.
Article 3 The department of work safety supervision and administration under the State Council shall be in charge of issuance and administration of work safety licenses for enterprises subject to the central authority which are engaged in non-coal mining, and the production of dangerous chemicals and fireworks and crackers.
The departments of work safety supervision and administration under the People's Governments of the provinces, autonomous regions, and municipalities directly under the Central Government, shall be in charge of the issuance and administration of work safety licenses for enterprises outside the scope of the preceding paragraph which are engaged in non-coal mining, and the production of dangerous chemicals and fireworks and crackers, and be subject to the guidance and supervision of the department of work safety supervision and administration under the State Council.
The State authority over coal mine safety inspections shall be in charge of issuance and administration of work safety licenses for coal mining enterprises which are subject to the management of the central authorities.
The authorities over coal mine safety inspections under the People's Governments of the provinces, autonomous regions, and municipalities directly under the Central Government, shall be in charge of the issuance and administration of work safety licenses for coal mining enterprises outside the scope of the preceding paragraph, and be subject to the guidance and administration of the State authority over coal mine safety inspections.
Article 4 The administrative department of construction under the State Council shall be in charge of issuance and administration of work safety licenses for construction enterprises which are subject to the central authority.
The administrative departments of construction under the People's Governments of provinces, autonomous regions, and municipalities directly under the Central Government, shall be in charge of the issuance and administration of work safety licenses for construction enterprises outside the scope of the preceding paragraph, and be subject to the guidance and supervision from the administrative department of construction under the State Council.
Article 5 The administrative department of science, technology and industry for national defense under the State Council shall be in charge of the issuance and administration of work safety licenses for enterprises engaged in the production of blasting equipment for civil use.
Article 6 To obtain a work safety license, an enterprise shall satisfy the following work safety conditions:
1.
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