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(Part 2: Chapter IV, Chapter V, Chapter VI, Chapter VII)

Chapter IV Supervision

Article 57 The department in charge of special equipment safety supervision and management pursuant to this law shall be responsible for supervision and inspection on units manufacturing, operating and using special equipment and special equipment inspection and testing agencies.
The department in charge of special equipment safety supervision and management shall conduct safety supervision and inspection with a focus on the special equipment used at public gathering places such as schools, kindergartens and hospitals, railway stations, ferry terminals, shopping malls, stadiums, exhibition halls and parks.
Article 58 The department in charge of special equipment safety supervision and management is responsible for the implementation of licensing work according to this law and shall make reviews in accordance with the conditions and procedures of this law and other relevant laws and administrative regulations as well as safety technical code; no permit shall be made for non- compliance.
Article 59 When handling the licensing work pursuant to this law, the department in charge of special equipment safety supervision and management must make public the acceptance, examination and licensing procedures and should make a decision for approval or disapproval within thirty days from the date of receipt of the application; for disapproval, a written statement for the reasons shall be made to the applicant.
Article 60 The department in charge of special equipment safety supervision and management shall establish complete regulatory files and information inquiry system for special equipment registered for use according to law; for special equipment reaching retirement conditions, the department in charge of special equipment safety supervision and management shall promptly supervise the units using special equipment to carry out its retirement obligations.
Article 61 When the department in charge of special equipment safety supervision and management in accordance with the law fulfills its duties of supervision and inspection; it may exercise the following powers:
(1) Enter the site for inspection and make investigations and enquiries from the principal and other relevant personnel of the special equipment production, operation and using units and inspection and testing agencies;
(2) Make inspection and copies of relevant contracts, invoices, account books and other relevant documents of the special equipment production, operation and using units according to a report or evidence of alleged illegal violations obtained;
(3) Seizure, detention of the special equipment with evidence showing non-compliance with safety technical code or having serious accident risk;
(4) Seizure, detention of the special equipment reaching retirement conditions or has already been scrapped which flowed into market;
(5) Decisions for administrative punishment shall be made for acts in violation of this law.
Article 62 When finding acts in violation of this law and safety technical code or special equipment having accident risk in the course of its duties according to law, the department in charge of special equipment safety supervision and management shall issue in writing a directive of special equipment safety supervision ordering the relevant units to take prompt measures to correct or eliminate the risks. In case of emergency requesting the relevant units to take emergency measures, a directive of special equipment safety supervision shall be issued subsequently.
Article 63 When finding major violations or special equipment having serious accident risk in the course of its duties according to law, the department in charge of special equipment safety supervision and management shall order the relevant units to immediately stop the illegal acts and take measures to eliminate the risks and shall promptly report to the department in charge of special equipment safety supervision and management of higher level. Upon receipt of the report, the department in charge of special equipment safety supervision and management shall take the necessary measures to address it promptly.
When dealing with violations or serious accident risk requiring support and assistance from local people’s government and relevant authorities, the department in charge of special equipment safety supervision and management shall report to the local people’s government and notify other relevant departments. Local people’s government and other relevant departments shall take necessary measures to deal with it promptly.
Article 64 The department in charge of special equipment safety supervision and management of local people’s governments shall not request special equipment manufacturers which have obtained licensing pursuant to this law at other places to repeatedly obtain permit and shall not request repeated inspection on special equipment which has passed inspection in accordance with this law at other places.
Article 65 Safety inspection personnel of the department in charge of safety supervision and management shall familiar with relevant laws and regulations, have the appropriate expertise and experience and have obtained special equipment safety administrative law enforcement certificate. Special equipment safety inspection personnel shall be dedicated, adhere to the principles and enforce the law impartially.
When the department in charge of special equipment safety supervision and management carries out safety inspection, more than two special equipment safety inspection staff should be present and shall present valid special equipment safety administrative law enforcement certificate.
Article 66 When carrying out a inspection on special equipment production, operation and using units and inspection and testing agencies, the department in charge of special equipment safety supervision and management shall make records of the contents of each inspection, problems found and treatment and shall be signed by special equipment safety inspection personnel attending the inspection and relevant person in charge of the inspected units before filing. If relevant person in charge of the inspected unit refuses to sign, special equipment safety inspection personnel shall record it.
Article 67 The department in charge of special equipment safety supervision and management and its staff shall not recommend or supervise production, sale of special equipment; and shall keep confidential of trade secrets learned in the course of their duties.
Article 68 The department in charge of special equipment safety supervision and management of the State Council and the department in charge of special equipment safety supervision and management of provincial, autonomous region and municipality people’s government shall regularly disclose special equipment safety overall situations to the public.

Chapter V Accident Emergency Rescue and Investigation and Handling

Article 69 The department in charge of special equipment safety supervision and management of the State Council shall be responsible for developing contingency plans for serious accidents of special equipment and the plans will be included in the emergency plan system of national emergency after getting approval from the State Council.
People’s governments above county level and its department in charge of special equipment safety supervision and management shall be responsible for developing contingency plans for serious accidents of special equipment of the administrative area according to law and the plans will be included corresponding emergency and rescue system. Units using special equipment shall develop special equipment accident emergency plans and shall carry out regular emergency drills.
Article 70 After special equipment accident, the entity with the accident shall take measures for rescue in accordance with the emergency plans to prevent expansion of the accident, reduce casualties and property losses, take protection of the scene and the evidence and promptly report to the department in charge of special equipment, safety, supervision and management above county level of the area of the accident and relevant departments.
Upon receipt of the report for the accident, the department in charge of special equipment safety supervision and management above county level people’s government shall promptly verify the situation, immediately report to the people’s government of the same level and report to authorities of higher levels as required. When necessary, the department in charge of special equipment safety supervision and management can directly report to authorities of higher levels for the accident. For extraordinary major accidents and major accidents, the department in charge of special equipment safety supervision and management of the State Council shall immediately report to the State Council and circulate a notice to the production safety supervision and management department of the State Council and relevant departments.
The entities and their staff related to the accident shall not make late reporting, misrepresentation or concealment of the accident and shall not conceal, destruct relevant evidence or intentionally destroy the accident site.
Article 71 Upon receipt of the report for the accident, the people’s government of the area of the accident occurred shall in accordance with law activate contingency plans, take emergency measures and organize emergency rescue.
Article 72 For extraordinary major accidents of special equipment, the State Council or the relevant departments authorized by the State Council shall set up an accident investigation team to carry out the investigation. For major accidents, the department in charge of special equipment safety supervision and management of the State Council together with relevant departments shall set up an accident investigation team to carry out the investigation. For larger accidents, the department in charge of special equipment safety supervision and management of provincial, autonomous region and municipality people’s government together with relevant departments shall set up an accident investigation team to carry out the investigation. For ordinary accidents, the department in charge of special equipment safety supervision and management of city level people’s government together with relevant departments shall set up an accident investigation team to carry out the investigation.
The accident investigation team shall according to law carry out an investigation independently and impartially and shall present an accident investigation report.
Article 73 The department in charge of accident investigation shall submit the accident investigation report to people’s government of the same level and repot to the department in charge of special equipment safety supervision and management of people’s government of higher level for the record. Relevant departments and units shall in accordance with laws and administration regulations investigate and deal with the units and personnel held responsible for the accident.
Units held responsible for the accident shall according to law implement improvement measures to prevent similar accidents. In case of any loss arising from the accident, the units held responsible for the accident shall be liable for compensation according to law.

Chapter VI Legal Liability

Article 74 Violation of the provisions hereof, engaging in special equipment production activities unauthorized shall be ordered to stop production, with the illegal special equipment manufactured confiscated and a fine of RMB100,000 to 500,000  if there is any illegal income gained, the illegal income shall be confiscated; for installation, alteration or repair already done, it shall be ordered to restore or it shall be ordered to have re- installation, alteration or repair at a limited time by a unit which has obtained licensing.
Article 75 Violation of the provisions hereof, special equipment design documents which have not been appraised are used in the production unauthorized, it shall be ordered to make corrections, with illegally manufactured special equipment confiscated and a fine of RMB50, 000 to 500,000.
Article 76 Violation of the provisions hereof, failing to carry out a type test, it shall be ordered to make corrections within a time limit; if failed to make corrections within the time limit, there will be a fine of RMB30,000 to 300,000 .
Article 77 Violation of the provisions hereof, special equipment delivered from factory without accompanying relevant technical information and documents as required by safety technical code, it shall be ordered to make corrections; failing to make corrections within the time limit, it shall be ordered to stop production and sale and a fine of RMB20, 000 to 200,000; and if there is any illegal income gained, the income shall be confiscated.
Article 78 Violation of the provisions hereof, construction units for special equipment installation, alteration and repair fail to inform in writing to the department in charge of special equipment safety supervision and management before starting construction or fail to transfer relevant technical information and documentation to the special equipment user within thirty days after acceptance inspection, it shall be ordered to make corrections; if failed to make corrections within the time limit, there will be a fine of RMB10,000 up to 100,000 .
Article 79 Violation of the provisions hereof, special equipment installation, alteration, major repairs and boiler cleaning without supervision and inspection shall be ordered to make corrections at a time limit; if failed to make corrections within the time limit, there will be a fine of RMB50, 000 to 200,000; if there is any illegal income gained, the income will be confiscated; in serious cases, production license shall be revoked.
Article 80 Violation of the provisions hereof, if an elevator manufacturer is under one of the following circumstances, it shall be ordered to make corrections; if failed to make corrections within the time limit, there will be a fine of RMB 10,000 up to 100,000:
(1) Failing to carry out verification and debugging of elevators according to safety technical code.
(2) When finding any serious hidden danger during follow up enquiries of safe operation of elevators, failing to inform elevator using unit and report to the department in charge of special equipment safety supervision and management.
Article 81 Violation of the provisions hereof, if a special equipment manufacturer has one of the following acts, it shall be ordered to make corrections; if failing to make corrections within the time limit, it shall be ordered to stop production and a fine of RMB 50,000 to 500,000; in case of serious cases, production license shall be revoked:
(1) Engaging in production no longer having the production conditions, production license is expired or beyond the approved scope;
(2) Fully aware of similar defects of special equipment but fail to stop production immediately and make recalls.
Violation of the provisions hereof, where a special equipment manufacturer manufactures, sells and delivers special equipment weeded out explicitly by the state, shall be ordered to stop production and sale, with illegally produced, sold and delivered special equipment confiscated and RMB30,000 to 300,000 fine; if there is any illegal income gained, the income shall be confiscated. Where a special equipment manufacturer alters, sells, rents, loans production license, it shall be ordered to stop production with RMB 50,000 to 500,000 fines; in case of serious cases, production license shall be revoked.
Article 82 Violation of the provisions hereof, if a special equipment operator has one of the following acts, it shall be ordered to cease operations, with special equipment of illegal business confiscated and RMB 30,000 to 300,000 fine; if there is any illegal gains, the illegal income shall be confiscated:
(1) Sale and lease of any special equipment without obtaining production license, untested or failing to pass test;
(2) Sale and lease of any special equipment weeded out explicitly by the state and obsolete special equipment or any special equipment without carrying out maintenance according to safety technical code.
Violation of provisions hereof, where a special equipment sales unit fails to establish an inspection and sales record-keeping system or importing special equipment failing to fulfill advance notification obligation shall be ordered to make corrections and there will be a fine of RMB10, 000 to 100,000. Where a special equipment manufacturer sells, delivers untested or unqualified special equipment, it shall be punished in accordance with the first paragraph of this provision; in case of serious cases, production license shall be revoked.
Article 83 Violation of the provisions hereof, if a unit using special equipment has one of the following acts, it shall be ordered to make corrections; if failing to make corrections within the time limit, it shall be ordered to stop the use of the relevant special equipment with RMB 10,000 to 100,000 fine:
(1) Using special equipment without applying for registration for the use according to regulations;
(2) Failing to establish special equipment safety technical files or safety technical files not meeting requirements or failing to place registration mark, periodic inspection mark;
(3) Failing to carry out regular maintenance and periodic self-inspection for the special equipment used or failing to carry out periodic calibration, maintenance and make records;
(4) Failing to promptly apply and get inspection according to safety technical code;
(5) Failing to carry out boiler water (medium) treatment according to safety technical code;
(6) Failing to formulate special equipment accident contingency plans.
Article 84 Violation of the provisions hereof, if a unit using special equipment has one of the following acts, it shall be ordered to stop the use of the relevant special equipment and RMB 30,000 to 300,000 fine:
(1) Use of special equipment without obtaining production license, untested or unqualified or special equipment weeded out explicitly by the state and obsolete special equipment;
(2)  In case of special equipment with failure or abnormal conditions, failing to carry out comprehensive check to eliminate hidden risk before use;
(3) Failing to carry out retirement obligations and apply for cancellation of registration of use for the special equipment with serious accidence risk unworthy of transformation and repair or reaching other obsolete conditions according to safety technical code.
Article 85 Violation of the provisions hereof, if a transportable pressure vessel, gas cylinder filling operator has one of the following acts, it shall be ordered to make corrections with RMB 20,000 to 200,000 fine: in case of serious cases, filling business license shall be revoked:
(1) Failing to implement inspection before and after filling or record keeping system;
(2) Filling a transportable pressure vessel and gas cylinder which does not meet safety technical code.
Violation of provisions hereof, engaging in transportable pressure vessel and gas cylinder filling activities without authorization shall be banned, with illegal filled gas cylinders confiscated and RMB 100,000 to 500,000 fine; if there is any illegal income gained, the income shall be confiscated.
Article 86 Violation of the provisions hereof, if a special equipment manufacturer, operator and user is under one of the following circumstances, it shall be ordered to make corrections; if failed to make corrections within the time limit, it shall be ordered to stop the use of relevant special equipment or business suspended for rectification and RMB 10,000 to 50,000 fine:
(1) Not having corresponding qualified special equipment safety management staff, testing staff and operating staff;
(2) Employ unqualified staff to engage in special equipment safety management, testing and operations;
(3) Failing to carry out safety education and skills training for special equipment management staff, testing staff and operating staff.
Article 87 Violation of the provisions hereof, an elevator, passenger ropeway and large-scale recreation facility operator is under one of the following conditions, it shall be ordered to make corrections; if failing to make corrections within the time limit, it shall be ordered to stop the use of relevant special equipment or suspend business for rectification and RMB 20,000 to 100,000 fine:
(1) Failing to set up special equipment safety administrative unit or having dedicated special equipment safety management staff;
(2) Failing to carry out trial run and routine safety check for passenger ropeways and large scale amusement facilities and failing to conduct check and inspection for safety accessory and safety devices before daily use;
(3) Failing to place elevator, passenger ropeway and large scale recreation facility safe use instructions, safety precautions and warning mark in a prominent position easily noticed by passengers.
Article 88 Violation of the provisions hereof, engaging in elevator maintenance services without authorization, shall be ordered to stop violations with RMB10, 000 to 100,000 fines; if there is any illegal gain, the illegal income shall be confiscated.
Elevator maintenance units failing to carry out elevator maintenance pursuant to this law and safety technical code shall be punished in accordance with the preceding paragraph
Article 89 In case of special equipment accidents occurred, if is under one of the following conditions, there will be RMB50, 000 to 200,000 fine for the units responsible for the accident; there will be RMB10, 000 to 50,000 fine for the principal of the unit; and if the principal is a government worker he/she shall be punished in accordance with law:
(1) When a special equipment accident is occurred, failing to organize rescue immediately or absence of duty without permit or escape during the accident investigation process;
(2) Late reporting, misrepresentation or concealment of special equipment accidents.
Article 90 If a special equipment accident is occurred, apart from bearing corresponding compensation responsibility according to law, the units responsible for the accident shall be fined in accordance with the following provisions:
(1) In case of ordinary accidents occurred, there shall be RMB100,000 to 200,000 fine;
(2) In case of larger accidents occurred, there shall be RMB200,000 to 500,000 fine;
(3) In case of major accidents occurred, there shall be RMB500,000 to 2,000,000 fine.
Article 91 Where the principal of the unit responsible for the accident occurred fails to perform its duty according to law or accountable for leadership responsibility he/she shall be fined in accordance with the following provisions; and if they are government workers, they shall be punished according to law:
(1) In case of ordinary accidents occurred, there shall be a fine of 30% of previous year annual income;
(2) In case of larger accidents occurred, there shall be a fine of 40% of previous year annual income;
(3) In case of major accidents occurred, there shall be a fine of 60% of previous year annual income;
Article 92 Violation of provisions hereof, special equipment safety management staff, testing staff and operating staff failing to fulfill their duties, violation of operating procedures and relevant safety rules and regulations resulting in accidents, qualifications of relevant personnel shall be revoked.
Article 93 Violation of provisions hereof, special equipment safety management staff, testing staff and operating staff have one of the following acts shall be ordered to make corrections, there will be a fine of RMB 50,000 to 200,000 for the entity and RMB5, 000 to 50,000 fine for direct responsible executive officer and other direct responsible personnel; in case of serious cases, qualifications of the entity and relevant personnel shall be revoked:
(1) Employ unqualified personnel to engage inspection and testing without approval or beyond the approved scope;
(2) Carrying out inspection and test not according to safety technical code;
(3) Issuing false inspection and test results and conclusions or serious misrepresentations of inspection, test results and conclusions;
(4) Failing to inform relevant units and immediately report to the department in charge of special equipment safety supervision and management when finding serious hidden risk of special equipment;
(5) Leaking trade secrets learned in the process of inspection and test;
(6) Engaging in special equipment related production and business activities;
(7) Recommend or supervise the production and sales of special equipment;
(8) Taking advantage of inspection duty to deliberately create difficulties for relevant units. Violation of provisions hereof, inspection and testing personnel of special equipment inspection, testing agencies simultaneously serve at more than two inspection and testing agencies shall be fined RMB5000 to 50,000 in serious cases, there shall be a revocation of qualifications
Article 94 Violation of provisions hereof, the department in charge of special equipment safety supervision and management and its staff having one of the following acts shall be ordered by its higher authority to make corrections; directly responsible executive staff and other directly responsible personnel shall be punished in accordance with law:
(1) Carrying out licensing work not in accordance with conditions and procedures of laws, administrative regulations;
(2) Unauthorized engagement of special equipment production, use or inspection, testing activities are not banned or dealt with according to law when they are found;
(3) Failing to revoke the license when finding a special equipment manufacturer is no longer qualified for the conditions pursuant to this law or it is not dealt with when finding illegal production, operation and use of special equipment;
(4) Failing to revoke the permit when finding a special equipment inspection, testing agency is no longer qualified for the conditions stipulated in this law or failing to investigate for false Inspection, test results and conclusions or serious misrepresentations of inspection, test results and conclusions;
(5) Failing to deal with immediately when finding acts in violations of this law and safety technical code or special equipment with hidden danger;
(6) Failing to promptly report to the department in charge of special equipment supervision and management when finding major violations or special equipment having serious accident risk or Upon receipt of the report the department in charge of special equipment supervision and management does not deal with it immediately;
(7) Requesting special equipment manufacturer which has obtained license according to this law to repeatedly obtain license or requesting repeated inspection for special equipment which has passed inspection in accordance with this law at other places;
(8) Recommend or supervise the production, sales of special equipment;
(9) Leaking trade secrets learned during performing their duties;
(10) Upon receipt of report for special equipment accident, failing to report to people’s government of the same level and report to higher authorities in accordance with regulations;
(11)  Late reporting, omission, misrepresentation or concealment of accidents;
(12)  Interfere with accident rescue or accident investigation and handling;
(13)  Other abuse of power, neglect of duty and favoritism behaviors.
Article 95 Violation of provisions hereof, special equipment manufacturer, operator and user or inspection and testing agencies refusing to get inspection from the department in charge of special equipment supervision and management shall be ordered to make corrections; failing to make corrections within the limited time, it shall be ordered to stop production and suspend business for rectification and RMB20, 000 to 200,000 fine.
In case of special equipment production, operation and using units utilizing, exchanging, transferring, damaging seized, detained special equipment or its major components, it shall be ordered to make corrections with RMB50,000 to 250,000 fine; in serious cases, production license shall be revoked and special equipment registration for use shall be cancelled.
Article 96 Violation of provisions hereof with license revoked according to law, the department in charge of special equipment supervision and management will reject its application for a new license within three years since revocation of the license.
Article 97 Violation of provisions hereof, resulting in personal and property damage shall bear civil liability. Violation of provisions hereof, in case of its property not sufficient to pay civil liability for compensation and payment of fines, penalties simultaneously, civil liability for compensation shall be prioritized.
Article 98 Violation of provisions hereof, constituting an act in violation of public order, it shall be given public security administrative penalties; and if constituting a crime, it shall be prosecuted for its criminal liability.

Chapter VII Supplementary

Article 99 Special equipment administrative licensing and inspection charge shall be implemented in accordance with laws and administrative regulations.
Article 100 This law does not apply to the safety supervision and management for special equipment used for military equipment, nuclear facilities and aerospace.
Safety supervision and management of special equipment for locomotives, offshore facilities, underground mines, civil airport or hoisting machinery and powered vehicles for housing construction site or civil engineering site shall be implemented by relevant departments in accordance with this law and other relevant laws and regulations.
Article 101 This law shall come into force since January 1, 2014.