Concealing accidents, attaching qualifications... In the future, these actions will put you on the list of dishonest

Ministry of Emergency Management on public solicitation

Measures for the Management of the List of The Untrustworthy in Serious Violations of Production Safety

(Draft for Solicitation of Comments)" Notice of Comments

In order to further standardize the management of the list of the untrustworthy in serious violations of production safety and build a new type of supervision mechanism based on credit, our ministry has organized the drafting of the "Measures for the Management of the List of The Untrustworthy in Serious Violations of Production Safety (Draft for Solicitation of Comments)", which is now open to the public for comments. The public can provide feedback through the following channels and methods:

1. Log on to the Chinese Government Legal Information Network of the Ministry of Justice of the People's Republic of China (www.moj.gov.cn, www.chinalaw.gov.cn) and enter the "Solicitation of Legislative Opinions" column in the main menu of the homepage to submit comments.

2. Email: [email protected].

3. Mailing address: Department of Policies and Regulations of the Ministry of Emergency Management, No. 70 Guang'anmen South Street, Xicheng District, Beijing (postal code: 100054), and please indicate the words "Measures for the Management of the List of The Illegal and Untrustworthy" on the envelope, Tel: [phone].

The deadline for comments and feedback is February 11, 2022.

annex:

1. Measures for the Administration of the List of the Untrustworthy for Serious Violations of Production Safety (Draft for Solicitation of Comments)

2. Drafting instructions on the "Measures for the Administration of the List of The Untrustworthy in Serious Violations of Work Safety (Draft for Solicitation of Comments)"

Ministry of Emergency Management

January 12, 2022

Measures for the Management of the List of the Untrustworthy in Serious Violations of Production Safety

(Draft for Solicitation of Comments)

Chapter I. General Provisions

Article 1: These Measures are formulated on the basis of the "Work Safety Law of the People's Republic of China" and other relevant provisions, so as to strengthen the establishment of a credit system in the field of production safety, standardize the management of the list of the untrustworthy in serious violations of production safety, and promote production and business units to implement the main responsibility for safe production.

Article 2: These Measures apply to mining, chemical (including petrochemical), pharmaceutical, hazardous chemicals, fireworks, petroleum exploitation, metallurgy, nonferrous metals, building materials, machinery, light industry, textiles, tobacco, commerce and trade, and other industries, as well as to the management of the list of serious violations of the law and untrustworthiness by relevant production and business units undertaking safety assessments, certification, inspection, and testing, and their personnel.

Article 3: "Serious violations of the law and untrustworthiness in production safety" (hereinafter referred to as "serious violations of the law and untrustworthiness") as used in these Measures refers to conduct that has occurred in production safety accidents or that have received administrative punishments for violations of laws and regulations on production safety, and are of a heinous nature and have serious circumstances.

Management of the list of the seriously illegal and untrustworthy refers to activities such as emergency management departments including or removing production and business units and relevant personnel from the list of the seriously illegal and untrustworthy, carrying out punishments and credit restoration, and recording, sharing, and disclosing relevant information.

Article 4: The emergency management department under the State Council is responsible for organizing and guiding the nationwide management of the list of the seriously illegal and untrustworthy; the emergency management departments of local people's governments at the county level or above are responsible for the management of the list of the seriously illegal and untrustworthy within that administrative region.

In accordance with the principle of "who decides, who is responsible", the emergency management department that made the administrative punishment decision is responsible for the management of the list of the seriously illegal and untrustworthy.

Article 5: All levels of emergency management department shall establish and complete information management systems for the list of the seriously illegal and untrustworthy, increasing the force of information protection. Advance information sharing and sharing with other departments, complete mechanisms for inquiries, applications, and feedback on information on the list of the seriously illegal and untrustworthy, and carry out joint disciplinary action in accordance with laws and regulations.

Chapter II includes conditions and management measures

Article 6: When a production safety accident occurs, the following production and business units and relevant personnel are entered into the list of serious violations of the law and untrustworthiness:

(1) Production and business units and their principal responsible persons who have had serious and extraordinarily large production safety accidents, and other units and personnel that, upon investigation, are determined to be responsible for the occurrence of the accident and should be included in the list;

(2) Production and business units and their principal responsible persons that have accumulated 2 or more major production safety accidents within 12 months;

(3) Production and business units and their principal responsible persons who have a production safety accident, the circumstances are particularly serious, and the impact is particularly bad, and they are fined not less than 2 times but not more than 5 times the amount of the fine in accordance with article 114 of the "Work Safety Law";

(4) Production and business units and relevant personnel who conceal or falsely report production safety accidents;

(5) The principal responsible person of a production and business unit does not immediately organize rescue after a production safety accident occurs, or leaves his post or flees without authorization during the investigation and handling of the accident.

Article 7: The following production and business units and relevant personnel who have not had production safety accidents but have received administrative punishments for violating laws and regulations on production safety are to be included in the list of the seriously illegal and untrustworthy:

(1) Production and business units engaged in relevant production and business activities and their principal responsible persons during the period when the license has been suspended or revoked without lawfully obtaining a production safety permit or being revoked;

(2) Production and business units and their principal responsible persons who have obtained relevant administrative licenses for production safety by fraudulent or bribery or other improper means, or leased or lent relevant licenses or qualifications;

(3) Institutions undertaking safety assessment, certification, testing, or inspection duties, and their directly responsible personnel leasing qualifications, affiliations, or issuing false reports;

(4) Production and business units and their principal responsible persons who have the ability to enforce but refuse to carry out or evade enforcement after the emergency management department has issued an administrative punishment;

(5) Other violations of production safety laws and regulations have received administrative punishments, and the nature is heinous and the circumstances are serious.

Article 8: Emergency management departments shall make public the information on production and business units and personnel included in the list of the seriously illegal and untrustworthy on the relevant national credit information platform.

In accordance with the provisions of the National Basic List of Punitive Measures for Untrustworthiness, emergency management departments and other such departments and institutions employ punitive measures such as increasing the frequency of law enforcement inspections, suspending project approvals, raising relevant insurance rates, and implementing industry or occupational bans on units and personnel included in the list of the seriously illegal and untrustworthy.

Chapter III: Procedures for Inclusion and Removal

Article 9: Before emergency management departments make a written decision to be included in the list of the seriously illegal and untrustworthy, they shall inform the production and business units and relevant personnel. The content of the notice shall include matters such as the time of inclusion, the reasons for inclusion, the basis for inclusion, the reminder of disciplinary measures, and the rights enjoyed in accordance with law.

Article 10: A written decision shall be issued for inclusion in the list of the seriously illegal and untrustworthy. The content of a written decision shall include matters such as the name of the industrial and commercial registration, the uniform social credit code, the person's name and valid identity document number, the time of inclusion, the reason for inclusion, the basis for inclusion, disciplinary measures, the conditions and procedures for credit restoration, and remedies channels.

Procedures such as notification, service, and handling of objections are to be carried out with reference to administrative punishment procedures.

Article 11: Within 10 working days of making a decision on inclusion, the emergency management departments shall enter relevant information into the production safety credit information management system.

Article 12: Within 20 working days of making a decision to be included, all levels of emergency management departments shall publicize information on the list of the seriously illegal and untrustworthy through departmental websites and other designated websites.

Publicity information includes matters such as the registered name of the industry and commerce, the registered address of the registration, the unified social credit code, the name and ID number of the relevant person, the start and end dates of inclusion in the list, and the department that made the decision. List information used for public announcement shall be strengthened for information security and privacy protection, and non-essential information may not be disclosed.

Article 13: The period for managing the list of the untrustworthy with serious violations is 3 years. After the management period expires, the emergency management department that made the decision to make the decision is to move out, and make a public announcement to lift the punitive measures; production and business units and relevant personnel may move out in advance upon application after 12 months from the date of inclusion in the list of the seriously illegal and untrustworthy.

Article 14: Within 5 working days of a decision to remove from the list, the emergency management department that made the decision shall revise the relevant information in the production safety credit information management system; within 10 working days, all levels of emergency management department shall stop publicizing it through departmental websites or other designated websites.

Article 15: Where production and business units or relevant personnel have objections to being included in or removed from the list of the seriously illegal and untrustworthy, they may apply for an administrative reconsideration or raise an administrative lawsuit in accordance with law.

Chapter IV: Credit Restoration

Article 16: Production and business units and relevant personnel entered into the list of the seriously illegal and untrustworthy are encouraged to carry out credit restoration, correct untrustworthy conduct, and eliminate negative impacts. Where the conditions for restoration are met, the emergency management departments shall follow relevant provisions to remove them from the list of the seriously illegal and untrustworthy.

Article 17: Where production and business units and relevant personnel have been on the list of the seriously illegal and untrustworthy for 12 months and meet the following conditions, they may submit an application for early removal to the emergency management department that made the decision to be included.

(1) Have consciously performed the obligations provided for in the administrative punishment decision;

(2) Have taken the initiative to eliminate harmful consequences and adverse effects;

(3) There are no more serious illegal and untrustworthy conduct provided for in articles 6 and 7 of these Measures;

(4) Credit commitments have been made and made public as required.

Article 18: Emergency management departments shall make a decision on whether to accept an application for early removal within 5 working days of receiving it, and where the application materials are complete and meet the requirements, they shall accept it.

Application materials shall include an application, a letter of commitment to production safety and trustworthiness, and relevant supporting materials provided for in items 1 and 2 of Article 17 of these Measures.

Article 19: Emergency management departments are to conduct verification within 20 working days of accepting an application for early removal, and make a decision on whether to remove them early.

The emergency management departments of districted city-level or county-level people's governments making a decision to approve early removal shall report it to the emergency management department of the people's government at the level above for the record.

Article 20: Emergency management departments that make decisions to approve removals shall follow the relevant provisions of Articles 13 and 14 of these Measures to remove them from the list, stop information disclosure, and lift relevant punitive measures.

Article 21: Where emergency management departments discover that production and business units and relevant personnel apply for early removal, concealing the true situation or committing fraud, they shall revoke the decision to move out early and restore the status of inclusion. The management period of the list is recalculated from the date of reinstatement of the listed status.

Article 22: Those who follow laws and regulations or the party Central Committee or State Council policy documents to implement corresponding punitive measures have not yet expired, are not to be removed in advance.

Where emergency management departments make a decision not to move out in advance, they shall explain the reasons.

Article 23: Where production and business units or relevant personnel have objections to the decision not to remove them in advance, they may apply for administrative reconsideration or raise administrative lawsuits in accordance with law.

Chapter V Supplementary Provisions

Article 24: Where laws and regulations or party Central Committee or State Council policy documents have other provisions on the list of the seriously illegal and untrustworthy, follow those provisions.

Article 25: Mine safety supervision institutions and fire rescue agencies may refer to these Measures for the management of the list of the untrustworthy in serious violations of the law.

Article 26: These Measures take effect in January 2022. The Notice of the State Administration of State Security on Printing and Distributing the Implementation Measures for Joint Disciplinary Action against Untrustworthy Conduct in the Field of Work Safety (General Office of Work Safety Supervision [2017] No. 49) and the Notice of the General Office of the State Administration of State Security on Further Strengthening the Information Management of Untrustworthy Conduct in the Field of Work Safety (General Department of Work Safety [2017] No. 59) shall be abolished at the same time.

Transferred from the Department of Emergency Management website

Source: China Safety Production Network