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[Interpretation of the Special Equipment Safety Law] Article 96

2022-04-22View Original

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Article 96: Those whose licenses are revoked in accordance with the provisions of this Law shall not have their new license applications accepted by the department responsible for the safety supervision and management of special equipment for three years from the date of license revocation. Interpretation of the provision: This article stipulates the legal consequences that shall be borne by those responsible for violations, once their licenses are revoked in accordance with the law due to breaches of the provisions of this law. Revoking a license refers to the use of coercive measures by administrative authorities to deprive the licensee of their right to operate or of their qualifications, and it constitutes a severe form of administrative penalty imposed by such authorities on the licensee. Generally, it is the licensee who engages in fraud, uses deception or bribery to obtain administrative permits illegally, or violates relevant laws and regulations in serious ways. According to the provisions of this law, licenses may be revoked in accordance with the law for the following main illegal acts: 1. As stipulated in Article 79, in cases where the manufacturing, installation, modification, major repair of special equipment, or the cleaning of boilers is carried out without undergoing supervision and inspection, and the circumstances are serious, the production license shall be revoked. 2. As stipulated in Article 81, if a special equipment manufacturing unit no longer meets the production requirements, its production license has expired or it is producing beyond the scope permitted by the license, or if it is aware of existing defects in the special equipment yet fails to cease production and recall the affected products immediately, and the circumstances are serious, its production license shall be revoked. If a special equipment manufacturing unit alters, resells, leases, or lends its manufacturing license, and the circumstances are serious, its manufacturing license shall be revoked. 3. As stipulated in Article 82, if a special equipment manufacturing unit sells or delivers special equipment that has not been inspected or has failed the inspection, and the circumstances are serious, its manufacturing license shall be revoked. 4. As stipulated in Article 85, if a cylinder filling unit for mobile pressure vessels fails to implement the inspection and recording systems before and after filling as required, or fills mobile pressure vessels and cylinders that do not meet the requirements of safety technical specifications, and the circumstances are serious, its filling license shall be revoked ; 5. As stipulated in Article 95, if a unit responsible for the production, operation, or use of special equipment misappropriates, exchanges, transfers, or damages such equipment or its key components that have been sealed up or seized, and the circumstances are serious, its production license shall be revoked and its registration certificate for the use of special equipment shall be cancelled. What constitutes “serious circumstances” should be assessed comprehensively based on the nature of the illegal act, its degree of harm, the number of times it has been committed, as well as its consequences and impacts. This article further stipulates the enhanced legal penalties that apply to those responsible for violations, once their licenses are revoked in accordance with the law: for three years from the date of license revocation, the authorities responsible for overseeing the safety of special equipment will not accept any new application for a license from such individuals. Such provisions are in place to impose stricter penalties on those who violate the law in terms of integrity and qualifications, thereby upholding the authority and seriousness of administrative approvals related to special equipment. Regarding the provision set forth in the relevant administrative regulations of the State Council, which states that if an applicant engages in activities related to special equipment without permission during the period in which they are applying for permission or approval, or if they forge such permission or approval certificates, their application will not be accepted, nor will permission or approval be granted; furthermore, their new applications for permission or approval will not be considered for one year, this provision was established in accordance with Article 78 of the Administrative License Law of the People’s Republic of China, and it can still be applied in line with the provisions of Article 78 of said law.

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