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Article 93: If a special equipment inspection or testing institution, or its inspectors or testers, violates the provisions of this Law by engaging in any of the following acts, they shall be ordered to make corrections; the institution shall be fined not less than 50,000 yuan but not more than 200,000 yuan, while the directly responsible supervisors and other directly responsible persons shall be fined not less than 5,000 yuan but not more than 50,000 yuan； In serious cases, the qualifications of the institution and those of relevant personnel shall be revoked: (1) Using personnel who have not obtained the requisite qualifications to conduct inspections and tests, without approval or beyond the scope of approval ； (II) Failure to conduct inspections and tests in accordance with the requirements of safety technical specifications ； (III) Issuing false inspection, testing results and appraisal conclusions, or such results and conclusions being seriously inaccurate ； (IV) Failing to promptly inform the relevant entities upon discovering serious accident hazards in special equipment, and failing to report them immediately to the department responsible for the supervision and management of special equipment safety ； (5) Disclosing trade secrets learned during the inspection and testing process ； (6) Those engaged in the production and business activities related to special equipment ； (7) Recommending, producing, or supervising the marketing of special equipment ； (8) Intentionally making things difficult for relevant units by taking advantage of inspection work. Those who, in violation of the provisions of this law, are inspection and testing personnel from special equipment inspection and testing institutions and work for two or more such institutions at the same time, shall be fined not less than 5,000 yuan but not more than 50,000 yuan ； In serious cases, their qualifications shall be revoked. Interpretation of the provision: This article deals with the legal responsibilities for illegal acts committed by special equipment inspection and testing agencies, as well as their inspectors and testers. I. Entities liable under the law Special equipment inspection and testing institutions refer to those that, in accordance with Article 50 of this Law, are engaged in the supervision inspections and periodic inspections specified in this Law, as well as those that provide testing services for the production, operation, and use of special equipment. Special equipment inspection and testing institutions, as well as their inspectors and testers, play an important role in maintaining and ensuring the safety of special equipment; they serve as the technical backbone for efforts to ensure such equipment’s safety. To this end, inspection and testing agencies and their personnel shall strictly abide by the provisions of this Law and earnestly fulfill all the obligations stipulated therein. Chapter 3 of this Law, “Inspection and Testing,” lays out clear and specific provisions regarding the qualifications of inspection and testing agencies, the qualifications of inspection and testing personnel, as well as their professional standards and requirements. The provisions of this article set forth the legal liabilities for violations of the aforementioned provisions. II. Illegal acts subject to legal liability The illegal acts subject to the legal liability stipulated in this article mainly include the following: 1. Employing personnel without the required qualifications to conduct inspections and tests, without approval or beyond the scope of approval granted. (1) Not approved. This pertains to the legal liability stipulated in Article 50 of this law. In accordance with Article 50 of this Law, inspection and testing institutions must meet the statutory requirements and be approved by the department responsible for the supervision and management of special equipment before they may carry out inspection and testing activities. Therefore, those who carry out inspection and testing work without approval shall bear liability in accordance with the provisions of this article. (2) “Exceeding the approved scope” refers to the situation where the scope of business carried out by inspection and testing agencies goes beyond the range of projects approved by the department responsible for the safety supervision and management of special equipment. Currently, in accordance with regulations such as the \"Management Provisions for Special Equipment Inspection and Testing Institutions\" and the \"Approval Rules for Special Equipment Inspection and Testing Institutions\" and other safety technical standards, there are 66 items for inspection and approval, and 6 items for testing and approval. For example, boiler inspections include 8 approved items: supervision inspection (G1) and periodic inspection (GD1) for steam boilers with a rated steam pressure greater than 22 MPa; supervision inspection (G2) and periodic inspection (GD2) for such boilers; supervision inspection (GJ3) and periodic inspection (GD3) for steam boilers with a rated power of 982 MPa or less; and supervision inspection (G4) and periodic inspection (GD4) for hot water boilers, organic heat carrier boilers, and steam boilers with a rated power of 2.45 MPa or less. When conducting boiler inspections, inspection agencies must operate within the scope of inspection items approved by the quality supervision department and shall not go beyond such scope. (3) Employing personnel without the requisite qualifications to perform inspection and testing. Inspection and testing personnel for special equipment include special equipment inspectors, type test personnel, and non-destructive testing personnel. Inspectors of special equipment are further divided into inspectors and senior inspectors. Currently, in accordance with the \"Rules for Assessing Special Equipment Inspectors\" issued by the General Administration of Quality Supervision, Inspection and Quarantine, special equipment inspectors are divided into inspectors and senior inspectors, comprising two levels and 17 assessment items. **The \"Rules for the Assessment of Personnel Specializing in Non-Destructive Testing of Special Equipment\" issued by the General Administration of Quality Supervision, Inspection and Quarantine stipulate that non-destructive testing personnel are classified into senior (Level III), intermediate (Level II) and junior (Level 1) categories; there are a total of 7 testing methods and 12 assessment items. The relevant safety technical specifications clearly define the scope of inspections and tests that various inspection and testing personnel are permitted to perform. Inspection and testing agencies shall assign inspection and testing personnel with the appropriate qualifications to perform corresponding tasks. For example, elevator inspectors must not be assigned to inspect lifting machinery, and medical oxygen chamber inspectors must not be assigned to inspect ordinary pressure vessels. 2. Failure to conduct inspections and tests in accordance with the requirements of safety technical specifications. In addition to complying with the provisions of this Law and other relevant laws, administrative regulations, etc., inspection and testing activities shall also conform to the requirements of relevant safety technical specifications. Article 52, Paragraph 1 of this Law provides clear provisions to this effect, and this provision specifies the legal responsibilities for violating the aforementioned regulations. Currently, various safety technical regulations pertaining to special equipment set forth clear and specific requirements regarding the supervision and inspection during the equipment manufacturing process, periodic inspections during its use, as well as the inspection procedures themselves. Inspection and testing agencies must strictly adhere to these regulations when carrying out their inspection and testing activities. For example, the “Regulations on Safety Technical Supervision of Boilers” sets out clear and specific requirements regarding boiler inspection agencies and personnel, supervision and inspection during manufacturing, as well as supervision and inspection during installation, renovation, and major repairs (including basic requirements, contents of supervision and inspection, and issuance of supervision and inspection certificates). It also specifies requirements for periodic inspections (including basic requirements, inspection intervals, sequence of inspection items, technical preparations prior to inspection, inspection contents, and appropriate timing for inspections). Inspection agencies conducting supervisory inspections during the boiler manufacturing process and periodic inspections during its service life must strictly comply with the requirements stipulated in relevant safety technical specifications. Those who violate these basic requirements and provisions shall bear legal responsibilities in accordance with the provisions of this article. 3. Issuing false inspection, testing results and appraisal conclusions, or such results and conclusions being seriously inaccurate. Objectivity and fairness are the lifeblood of inspection, testing results, and appraisal conclusions. Article 53 of this Law stipulates that special equipment inspection and testing institutions and their inspectors shall issue inspection and testing reports objectively, impartially, and in a timely manner, and shall be responsible for the inspection and testing results as well as the appraisal conclusions. This section pertains to the legal liabilities for violations of the aforementioned provisions. The illegal acts stipulated in this provision include the following two types: (1) Issuing false inspection, testing results, and appraisal conclusions. By “false,” it is meant something that is invented out of thin air with no objective basis. For example, if the inspection and testing agency does not actually carry out any inspection or testing activities, and instead fabricates an inspection and testing report, then the results of such inspections and tests as well as the conclusions drawn therefrom are inevitably false. (2) The inspection, testing results, and appraisal conclusions are grossly inaccurate. ““Grossly inaccurate” is different from “false”; “grossly inaccurate” does not mean there is absolutely no objective basis for it. It refers to situations where the results of inspections, tests, and appraisal conclusions deviate significantly from objective facts. The reason for such deviations is often the extreme lack of responsibility on the part of the testing and inspection agencies and their personnel. The requirements we set forth are specifically reflected in the fact that the inspection and testing agencies we require, as well as their inspectors and testers, must ensure the validity, authenticity, and reliability of the conclusions and opinions they issue. 4. Failing to promptly inform relevant entities upon discovering serious potential hazards related to special equipment, and failing to immediately report such findings to the department responsible for the safety supervision and management of special equipment. When inspection and testing agencies for special equipment, as well as their inspectors and testers, discover any serious potential hazards in special equipment during inspections or tests, they shall promptly inform the relevant entities and immediately report to the department responsible for the safety supervision and management of special equipment. This is a legal obligation stipulated in Paragraph 2, Article 53 of this Law. This provision pertains to the legal liabilities stipulated in the aforementioned articles. In understanding the illegal acts stipulated in this article, the following two points should be noted: (1) The detection of potential hazards related to special equipment is limited to serious hazards. A “serious hazard” refers to a hazard that has a significant impact on the safety of special equipment; if not eliminated in a timely manner, it is very likely to lead to an accident involving such equipment. (2) The parties to be notified as stipulated in this article are the relevant entities and the departments responsible for the safety supervision and management of special equipment. When inspection and testing agencies and their personnel discover any serious potential safety hazards, they must notify both parties simultaneously. Notifying only one of them also constitutes a violation of this provision. 5. Disclosing trade secrets learned during inspection and testing processes. Inspection and testing agencies and their inspectors and testers have a duty to keep confidential the trade secrets of the entities being inspected or tested during the inspection and testing process; this is a legal obligation stipulated in Paragraph 1, Article 55 of this Law. This provision pertains to the legal liabilities stipulated in the aforementioned articles. The “trade secrets” referred to in this provision mean technical and business information that is not known to the public, can bring economic benefits to the unit being inspected or tested, is practical in nature, and for which the unit being inspected or tested has taken confidentiality measures. 6. Engage in production and business activities related to special equipment. In accordance with the provisions of Paragraph 2, Article 55 of this Law, special equipment inspection and testing institutions and their inspectors shall not engage in any production or business activities related to special equipment. This provision pertains to the legal liabilities stipulated in the aforementioned articles. The provision “shall not engage in any production or business activities related to special equipment” means that inspection and testing institutions for special equipment are not permitted to establish entities engaged in the production or operation of special equipment. Nor may they form any economic partnership with such production or operating entities, become shareholders thereof, participate in their sales activities, or act as agents for certain enterprises. However, this does not include the specific testing activities carried out by institutions providing testing services for production and their personnel in the course of their production activities. 7. Recommend or supervise the production and sale of special equipment. As professional institutions, inspection and testing agencies must maintain a certain degree of independence. To this end, Paragraph 2 of Article 55 of this Law explicitly stipulates that special equipment inspection and testing agencies and their inspectors and testers shall not recommend, supervise the manufacture, or oversee the sale of special equipment. This provision pertains to the legal liabilities stipulated in the aforementioned articles. 8. Deliberately making things difficult for relevant entities through inspection work. Article 56 of this Law stipulates that where special equipment inspection agencies and their inspectors deliberately make things difficult for units engaged in the production, operation, or use of special equipment by taking advantage of their inspection duties, such units have the right to file a complaint with the department responsible for the safety supervision and administration of special equipment. The department receiving the complaint shall promptly conduct an investigation and take appropriate measures. On the basis of the aforementioned provisions, this provision further stipulates the legal liabilities for the said illegal acts. In understanding this provision, the following two points should be noted: (1) The subjects of violations are limited to inspection agencies and their inspectors, and do not include testing agencies and their testers. (2) The “relevant entities” stipulated here include entities engaged in the production, operation, and use of special equipment. 9. Inspection and testing personnel from special equipment inspection and testing agencies practice at two or more inspection and testing agencies simultaneously. This pertains to the legal liabilities for violating the provisions of Paragraph 2, Article 51 of this Law. In accordance with the provisions of the aforementioned articles, inspection and testing personnel at special equipment inspection and testing agencies shall not practice at more than two such agencies simultaneously ； In cases of changing the practice institution, the relevant change procedures must be carried out in accordance with the law. III. Forms of legal liability The legal liabilities stipulated in Paragraph 1 of this Article (including the acts specified in Items 1 through 8 above) take the following forms: 1. Order to make corrections. Ordering corrections means requiring the perpetrator of an illegal act to immediately rectify the mistake. 2. Impose a fine. The specific range of penalties is as follows: “A fine of not less than 50,000 yuan but not more than 200,000 yuan shall be imposed on the institution; a fine of not less than 5,000 yuan but not more than 50,000 yuan shall be imposed on the directly responsible supervisors and other directly responsible personnel.” The specific amount of the penalty may be determined within the statutory range of minimum and maximum limits, depending on the severity of the illegal act and its degree of social harm. The determination of “the directly responsible supervisors and other directly responsible persons” may refer to the relevant provisions in Chapter 4, “Determination of administrative law enforcement misconduct and responsible persons,” of the “Measures for the Supervision of Administrative Law Enforcement in Quality Supervision, Inspection and Quarantine and for Holding Responsible Persons Accountable for Administrative Law Enforcement Misconduct.” 3. Revoke the qualifications of the institution and the relevant personnel. This is a form of legal liability specifically applicable to serious illegal acts. Compared to the provisions of the first paragraph of this article, the form of legal liability stipulated in the second paragraph (regarding the acts specified in item 9 above, namely when inspection and testing personnel practice in two or more institutions simultaneously) is basically consistent with the provisions in the first paragraph concerning direct responsibility. However, there is no provision mandating rectification.