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[Interpretation of the Special Equipment Safety Law] Article 64

2021-07-14View Original

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Article 64 The departments responsible for the supervision and management of the safety of special equipment at local people’s governments at all levels shall not require special equipment manufacturing units that have already obtained permits in other places in accordance with the provisions of this Law to obtain permits again, nor shall they require special equipment that has already passed inspections in other places in accordance with the provisions of this Law to undergo repeated inspections. Interpretation of the provision: This article deals with the prohibition on reissuing administrative permits and inspections. The purpose of formulating this article is mainly to eliminate local protectionism, prevent the use of administrative power for monopolization, and avoid undermining the market economy. In recent years, the departments under the State Council responsible for the supervision and management of special equipment have implemented the central government’s overall plans to advance reforms in the administrative approval system by significantly reducing bureaucratic constraints; they have delegated a large number of licensing powers related to the production of special equipment to the local departments in charge of such supervision and management. In practice, in some places, in an effort to protect local special equipment manufacturing enterprises or to collect higher inspection fees, such enterprises that have already obtained administrative permits legally in other provinces are required to secure permits issued by that province as well before their products can be sold there. This is a typical case of redundant licensing, which violates the principles of a market economy as well as the spirit of the Administrative Permit Law. Therefore, this law makes specific provisions in this regard: first, special equipment manufacturing units that have already obtained permits elsewhere in accordance with the provisions of this law shall not be required to obtain permits again. Second, if it has passed inspection in another place in accordance with the provisions of this law, no repeated inspection shall be required.

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