Legality of leasing hazardous chemical production facilities
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Party A leases its legitimate hazardous chemicals production facilities to Party B, which lacks the necessary qualifications, for use in production. It is agreed that until Party B obtains the required qualifications, Party A shall be responsible for the safety and environmental protection aspects related to the operation of these facilities, while Party B shall be responsible for everything else. However, according to the Work Safety Law, production and business operations entities are not allowed to assign or lease their production projects, facilities, or equipment to entities or individuals that do not meet the work safety requirements or possess the necessary qualifications. Is it legal for Party A to do this?
Based on the information you provided, Party A leases the hazardous chemicals production facilities to Party B, which lacks the necessary qualifications, for production; Party A is responsible for safety and environmental protection management until Party B obtains the required qualifications. In accordance with the Work Safety Law of the People’s Republic of China, production and business operation entities shall not subcontract or lease their production and business operations, premises, or equipment to entities or individuals that do not possess the corresponding work safety conditions or qualifications. Therefore, under these circumstances, Party A’s actions are illegal. The equipment leased to Party B for the production of hazardous chemicals was not equipped with the necessary qualifications by Party B, in violation of the provisions of the Work Safety Law. Party A shall ensure that the equipment is leased to units with the appropriate qualifications for production, in order to guarantee safe production. In the event of any illegal activities, Party A may have to bear corresponding legal responsibilities. .
It is obvious that the actions of both Party A and Party B are illegal.