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[Interpretation of the Special Equipment Safety Law] Article 77

2022-02-19View Original

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Article 77: If, in violation of the provisions of this Law, relevant technical materials and documents are not provided with special equipment at the time of its departure from the factory in accordance with the requirements of safety technical specifications, the offender shall be ordered to make corrections within a specified time limit; If the violation is not corrected within the prescribed time, the party shall be ordered to cease manufacturing and selling, and shall be fined not less than 20,000 yuan but not more than 200,000 yuan ; If there are illegal gains, such gains shall be confiscated. Interpretation of the provision: This article stipulates the legal responsibilities in cases where special equipment is delivered without the relevant technical materials and documents required by safety technical specifications. The technical materials and documents accompanying special equipment at the time of departure from the factory include design documents, product quality certification, instructions for installation, use, and maintenance, as well as certificates of supervision and inspection and other relevant technical materials and documents. These technical materials and documents serve as an important basis for users and safety supervision authorities to determine whether the design and manufacturing quality of special equipment meets safety requirements and possesses the necessary performance characteristics. They also provide essential guidance to ensure that such equipment is installed, modified, repaired, and used properly, thereby safeguarding its safety. Therefore, Article 21 of this Law stipulates that, when special equipment leaves the factory, it shall be accompanied by relevant technical materials and documents. Providing relevant technical materials and documents is an obligation imposed on manufacturing units by this law. As the main actors in market economic activities, producers must prove to consumers and relevant regulatory authorities that the products they manufacture meet the requirements of relevant safety technical specifications and standards in terms of safety, reliability, and cost-effectiveness ; To ensure safe use, manufacturers are also obligated to inform consumers of the methods and requirements for using and maintaining the product. Some of the above technical materials and documents are prepared by the design unit, but the manufacturing company must obtain the design documents before starting production and manufacture in accordance with them; others are prepared by the manufacturing unit. Therefore, the manufacturers of special equipment are in a position to provide the aforementioned documents. The manufacturing unit should provide the aforementioned documents with the product at the time of shipment. For those that fail to provide the aforementioned documents, the department responsible for the safety supervision and management of special equipment shall refuse to process the registration for the use of such equipment at the time of registration, and shall handle the matter in accordance with the provisions of this article. I. Illegal acts for which legal liability shall be borne The illegal acts for which legal liability is required under this provision refer to the act of failing to include, at the time of manufacture of special equipment, documents such as design documents, product quality certification, instructions for installation and operation/maintenance, and inspection certificates, in accordance with the requirements of safety technical specifications. It should be noted that if the manufacturing unit fails to provide one of the aforementioned materials and documents, it constitutes a violation of the law. The specific technical documents and materials that must be attached to special equipment at the time of manufacture shall be determined in accordance with the requirements of safety technical specifications and the provisions of this article. Design documents typically include design drawings, calculation sheets, instructions, etc ; A product quality certification refers to documents signed by responsible personnel such as the quality assurance engineer and the inspection engineer from the manufacturing unit, and includes product qualification certificates, product data reports, material quality certifications, as well as various inspection, testing, and experiment reports ; The installation, operation, and maintenance instructions consist of three parts: installation instructions, operation instructions, and maintenance instructions. It is not required that all of these parts be present; rather, their presence is determined by the safety technical specifications depending on the complexity of the equipment ; A supervision inspection certificate refers to a certificate or report of successful supervision inspection issued by an inspection agency approved by the department responsible for the safety supervision and management of special equipment, after conducting supervision inspections of the manufacturing process, installation process, modification process, and major repair processes. II. Forms of liability 1. Order to make corrections within a specified time limit. If the law enforcement authorities discover that the offender failed to include the relevant technical materials and documents required by safety technical specifications at the time of production (for the meaning of the term “include”, see the definition in Article 21), they shall first order the offender to make corrections within a specified time limit and provide the missing technical materials and documents. The requirement to make corrections within a specified time period, as stipulated in this article, is a preliminary procedure for administrative penalties; if the person who committed the illegal act fails to make the corrections by the deadline, then the administrative penalty procedure will be initiated. Ordering corrections within a specified time frame means that, on the one hand, corrections must be made as soon as possible; on the other hand, the party concerned should be given a reasonable amount of time depending on the actual circumstances. The law does not specify exactly how long this time frame should be. According to Article 30 of the Provisions on Administrative Penalties for Quality and Technical Supervision, it generally should not exceed 30 days. 2. Order to cease manufacturing and selling, and impose a fine. For those who fail to make corrections despite the deadline, in accordance with the provisions of this article, the offender shall be ordered to cease the manufacture and sale of special equipment that does not come accompanied by the relevant technical materials and documents as required by safety technical standards; simultaneously, a fine of not less than 20,000 yuan but not more than 200,000 yuan shall be imposed depending on the circumstances. 3. Confiscate the illegal gains. The illegal gains referred to here are the unlawful income obtained by special equipment manufacturing units from producing products without the accompanying relevant technical materials and documents; such unlawful income shall be confiscated and turned over to the state treasury. It should be noted that, generally speaking, the confiscation of illegal gains is imposed on those who fail to correct their illegal acts within the prescribed time limit; if the offender rectifies such illegal acts within the timeframe set by the authorities responsible for supervising the safety of special equipment, then no administrative penalty in the form of confiscation of illegal gains should be imposed. It should be noted that this provision does not determine the amount of the penalty based on the value of the goods. The imposition of a fine is not contingent on the severity of the circumstances; rather, the condition for imposing a fine is \"failure to make corrections by the deadline\", which makes it easier to apply in practice. The value of the goods may be taken into account as a factor in determining the amount of the fine under this provision.

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