Measures for the Safety Inspection and Supervision of Special Equipment

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(Issued by Order No. 57 of the State Administration for Market Regulation on May 26, 2022; effective as of July 1, 2022) Chapter I General Provisions Article 1 These Measures are formulated in order to standardize the supervision and inspection of special equipment safety, and to ensure that the entities responsible for the production, operation, and use of special equipment, as well as the inspection and testing institutions, fulfill their safety responsibilities, in accordance with laws and administrative regulations such as the Special Equipment Safety Law of the People’s Republic of China and the Regulations on Special Equipment Safety Supervision. Article 2 These Provisions shall apply to the supervision and inspection conducted by the market supervision and administration departments over entities engaged in the production (including design, manufacturing, installation, modification, and repair) and operation (including filling, the same hereinafter) of special equipment, as well as over inspection and testing institutions. Article 3 **The State Administration for Market Regulation is responsible for supervising and guiding the work related to the safety inspection and supervision of special equipment across the country, and may organize such inspections and supervision as necessary. Local market supervision and administration departments at the county level or above are responsible for carrying out inspections and supervision regarding the safety of special equipment within their respective administrative regions; they organize such inspections and supervision in accordance with the directives of higher-level market supervision and administration departments or as required by actual work needs. The Market Supervision and Administration Office carries out supervision and inspection tasks related to the safety of special equipment in accordance with the relevant laws, regulations, and rules on market supervision, as well as the authorities assigned by higher-level market supervision and administration departments. Article 4: The supervision and inspection of the safety of special equipment shall adhere to the principles of risk prevention and control, hierarchical responsibility, differentiated implementation, and fulfillment of duties in accordance with regulations. Chapter 2 Classification of Supervision and Inspection Article 5 Supervision and inspection for the safety of special equipment are divided into regular supervision and inspection, special supervision and inspection, inspection after certification, and other forms of supervision and inspection. Article 6 The market supervision and administration department shall conduct regular inspections on entities that produce and use special equipment in accordance with the annual regular inspection plan. The items and contents of routine supervision and inspections shall be carried out in accordance with the relevant regulations of the **State Administration for Market Regulation. Article 7: The municipal market supervision and management departments are responsible for formulating annual regular supervision and inspection plans, determining the division of tasks among the market supervision and management departments within their jurisdiction, and overseeing the implementation at corresponding levels. The annual regular supervision and inspection plan shall be reported to the people’s ** at the same level. The annual regular supervision and inspection plan carried out on special equipment manufacturing units shall also be reported to the provincial market supervision and administration department. Article 8 Regular supervision and inspection shall adopt the approach of \"random selection and public disclosure\": inspected entities and personnel responsible for the safety supervision and inspection of special equipment (hereinafter referred to as inspectors) shall be selected randomly, and the results of such supervision and inspection shall be made publicly available on a regular basis. The database of entities subject to regular supervision and inspection should include all special equipment manufacturing units that have obtained the necessary licensing and are located within the jurisdiction, as well as those units that carry out registration for the use of special equipment within the same jurisdiction. If the manufacturing location of a special equipment manufacturer is in a different jurisdiction from its registered address, the municipal market supervision and administration department at the manufacturing location shall include it in the database of entities subject to regular inspections. Article 9 The municipal market supervision and management department shall, based on the safety conditions of special equipment, determine a list of key units for regular supervision and inspection, and increase the proportion of such units selected for inspection. Units that fall under any of the following circumstances shall be included in the list of key units: (1) Units that use special equipment in public gathering places such as schools, kindergartens, hospitals, stations, passenger terminals, airports, shopping malls, sports venues, exhibition halls, parks, and tourist attractions ； (II) Special equipment used in the past two years that has been involved in an accident and for which responsibility exists ； (III) There are a large number of complaints and reports related to the safety of special equipment, and these prove to be true upon investigation ； (IV) Other circumstances that the market supervision and administration department deems appropriate to include. Article 10: To prevent regional and systemic risks, ensure safety during major events, key projects, and holidays, or in accordance with the unified directives of people’s governments at all levels and higher-level market supervision and administration departments, the market supervision and administration departments shall conduct special inspections and supervision on units engaged in the production, operation, and use of special equipment, as well as inspection and testing institutions, in specific areas and sectors for designated periods of time. Article 11: The market supervision and administration department that organizes special supervision and inspection shall formulate a work plan for such supervision and inspection, specifying requirements regarding the scope of the inspection, task allocation, schedule, and other aspects. The work plan for special supervision and inspection should require special equipment manufacturers, operators, users, as well as inspection and testing institutions to carry out self-inspections and self-corrections, and it should specify the particular items and aspects of supervision and inspection, or these can be carried out in accordance with the items and aspects of regular supervision and inspection. Article 12 The market supervision and administration department shall conduct post-licensing supervision and inspection to determine whether the special equipment production and filling units, as well as the inspection and testing institutions for which it has issued licenses, continue to meet the licensing requirements and carry out their licensed activities in accordance with the law. Article 13: Post-licensing supervision and inspection shall be organized and carried out by the market supervision and administration department that granted the administrative license, or it may delegate such tasks to a lower-level market supervision and administration department. Article 14 The market supervision and administration department responsible for organizing post-certification supervision and inspection shall formulate an annual plan and work plan for such supervision and inspection. The annual plan for post-certification supervision and inspection should specify requirements such as the entities to be inspected and the schedule, while the work plan should outline requirements such as the methods of inspection and the contents to be checked. Article 15: When conducting post-licensing supervision and inspection, the market supervision and administration department shall adopt the \"double random, one public\" approach, randomly selecting the entities to be inspected and the inspectors, and promptly publishing the results of such supervision and inspection. The database of objects subject to post-certification supervision and inspection shall include all special equipment manufacturing, filling units, and inspection and testing institutions permitted by this authority. Article 16 The market supervision and administration department shall, based on the quality and safety conditions of special equipment production and filling, or the quality of inspections and tests on such equipment, determine a list of key units subject to post-certification supervision and inspection, and increase the proportion of samples taken from these key units. Units that meet any of the following criteria shall be included in the list of key units: (1) Those that made a self-declaration and committed to renewing their certificates in the previous year ； (II) Special equipment manufactured, filled, inspected, or tested in the previous year was involved in an accident for which responsibility was assumed, or administrative penalties were imposed due to issues related to the manufacturing, filling, inspection, or testing of such special equipment ； (III) Ordered to conduct a recall in the previous year for failing to fulfill the obligation of voluntary recall due to product defects ； (IV) There are a large number of complaints and reports related to the safety of special equipment, and these prove to be true upon investigation ； (5) Other circumstances that the market supervision and administration department deems appropriate to include. Article 17: Within the same fiscal year, routine supervision and inspection shall not be carried out on the same entity if it has already undergone post-certification supervision and inspection. Article 18: The market regulation and supervision authorities may, as needed, conduct supervision and inspections on entities engaged in the production, operation, or use of special equipment, as well as inspection and testing institutions, regarding any clues of illegal acts related to special equipment or potential safety hazards discovered through various means such as referrals from other departments, instructions from higher authorities, complaints, reports, or through inspection, testing, and monitoring activities. Before carrying out supervision and inspection, it is necessary to determine the specific items and contents of such supervision and inspection. Chapter 3 Supervision and Inspection Procedures Article 19 When carrying out supervision and inspection, the market supervision and administration department shall have at least two inspectors present, who must present valid administrative law enforcement certificates for special equipment safety, and shall explain the source, basis, content, and requirements of the inspection. The market supervision and administration department may, as needed, entrust relevant special equipment inspection agencies that possess the legal status of public welfare institutions to provide technical support and services for supervision and inspection, or invite relevant professional technicians to participate in such supervision and inspection. Article 20 Production, operation, and use units of special equipment, as well as inspection and testing institutions and their personnel, shall actively cooperate with the market supervision and administration departments in the safety inspections and supervision of special equipment carried out in accordance with the law. Units engaged in the production, operation, and use of special equipment, as well as inspection and testing institutions, shall carry out self-inspections and self-corrections in accordance with the requirements of the special supervision and inspection work plan. Article 21: Inspectors shall make records of the basic circumstances of the supervision and inspection, the problems identified, and the corrective measures taken, and both the inspectors and the relevant responsible persons of the inspected entity shall sign to confirm such records. Article 22: Inspectors may require the inspected entity to provide relevant materials based on the results of the supervision and inspection. The entity under inspection shall provide the information truthfully and sign or seal the submitted materials. If the materials cannot be provided on the spot, they shall be provided within the period specified by the inspectors. Article 23: During supervision and inspection, if the market supervision and administration department discovers any violations of laws, regulations, and safety technical standards related to the safety of special equipment, or if there are potential accident hazards associated with such equipment, it shall issue a safety inspection order for special equipment in accordance with the law; or it may delegate this task to the local market supervision and administration department, which shall then issue the corresponding safety inspection order, ordering the inspected entity to take measures within a specified time frame to rectify the issues or eliminate the potential accident hazards. If the market supervision and administration department discovers serious illegal activities or significant potential hazards for accidents related to special equipment, it shall order the inspected entity to immediately cease such illegal activities and take measures to eliminate those hazards. Article 24 The serious illegal acts referred to in these measures include the following circumstances: (1) Engaging in the production of special equipment, the maintenance of elevators, the filling of mobile pressure vessels, or the filling of gas cylinders without permission ； (II) Engaging in the inspection and testing of special equipment without approval ； (III) Special equipment manufacturing units that produce, sell, or deliver special equipment that has been explicitly ordered to be phased out, or that alter, resell, lease, or lend out their manufacturing licenses ； (IV) Special equipment business entities that sell or lease special equipment that was produced without a permit, has not been inspected or failed inspection, **has been explicitly designated for phase-out, or has already been scrapped ； (5) Falsely reporting or concealing special equipment accidents ； (6) Inspection and testing institutions and personnel issue false or grossly inaccurate inspection, testing results, and appraisal conclusions ； (7) The inspected entity fails to rectify or eliminate serious accident hazards ； (8) Other major illegal acts stipulated by laws, administrative regulations, and departmental rules. Article 25 Serious accident hazards existing in special equipment include the following situations: (1) Special equipment is used for production without a permit, has been explicitly ordered to be phased out, has already been scrapped or meets the conditions for scrapping, yet continues to be used ； (II) Continued use of special equipment that has not undergone supervised inspection, or that has failed such inspection or testing ； (III) Continued use of special equipment when its safety accessories and safety protection devices are missing or malfunctioning ； (IV) Special equipment that has experienced an accident or has obvious faults, yet is still in use without undergoing a comprehensive inspection to eliminate potential hazards ； (5) Special equipment being used beyond the specified parameters or scope of use ； (6) Other circumstances that the market regulation and supervision authorities deem to be serious potential hazards. Article 26 During supervision and inspection, the market supervision and administration department shall, where there is evidence indicating that special equipment fails to meet the requirements of safety technical specifications, poses serious accident hazards, or has reached the conditions for scrapping or has already been scrapped, seal up or seize such equipment in accordance with the law. If rectification can be carried out on the spot, seizure or confiscation may not be imposed. Article 27 During supervision and inspection, if the relevant responsible persons of the inspected unit refuse to sign on the records of special equipment safety supervision and inspection or related documents, or to confirm it in any other way, the inspectors shall note this fact in the records or documents, and take photographs, recordings, videos, etc. as evidence; if necessary, they may invite relevant persons to serve as witnesses. If the inspected entity refuses to accept the safety supervision orders for special equipment, the relevant provisions regarding the service of administrative law enforcement documents by the market supervision and administration authorities shall be applied; in cases of serious circumstances, it will be dealt with as a refusal to comply with the safety supervision orders for special equipment. Article 28: In cases where the entity being inspected suspends production or business operations, or there are other circumstances that make it impossible to carry out supervision and inspection, the inspectors may terminate the supervision and inspection and document the relevant circumstances. Article 29 The inspected entity shall, in accordance with the safety supervision instructions for special equipment, make corrections within the specified time frame to eliminate potential accident hazards, and submit a report on the rectification efforts. The market supervision and administration department shall, within ten working days after the inspected entity submits a rectification report, conduct a re-inspection of the rectification efforts. The re-examination can be carried out through on-site inspections, verification of materials, etc. Where a re-inspection is conducted through on-site inspection, the re-inspection procedures set out in these measures shall apply. Article 30 In cases where major illegal acts or serious potential safety hazards are discovered, the market supervision and administration department conducting the inspection shall promptly report to the market supervision and administration department at the next higher level. Upon receiving the report, the market supervision and administration department shall take necessary measures to handle it promptly. Article 31: In cases where, during supervision and inspections, handling situations involving refusal to undergo inspection, serious illegal acts, or grave potential safety hazards requires the support and cooperation of local people’s governments and relevant departments, the market regulation authorities shall promptly submit a written report to the local people’s government or notify the relevant departments, while also putting forward suggestions regarding safety regulation. When the people’s ** and other relevant departments, upon receiving reports or notifications, take necessary measures in accordance with the law to handle the situation promptly, the market supervision and administration authorities shall actively cooperate. Article 32 Administrative penalties for violations related to special equipment safety shall be imposed by market regulation departments at or above the county level in the place where the violation occurred. Where the market supervision and administration department at or above the county level where the illegal act occurred revokes, in accordance with the law, the administrative licenses of special equipment inspection and testing personnel, as well as safety management and operation personnel, it shall send a copy of the administrative penalty decision to the licensing authority, which shall then handle the cancellation procedures. During the handling of cases by the market supervision and administration departments at or above the county level where the illegal act took place, if it is found that it is necessary, in accordance with the law, to revoke the administrative licenses of special equipment production and filling units as well as special equipment inspection and testing institutions, then, after making the relevant administrative penalty decisions, the evidence related to the illegal acts that warrant license revocation shall be submitted to the authority that issued those licenses, which will then revoke them in accordance with the law. Where an illegal act is discovered that warrants the revocation of a license in accordance with the law, the market supervision and administration department conducting the inspection shall promptly inform the licensing authority, attaching the relevant evidence materials, so that the licensing authority may revoke it in accordance with the law. Chapter 4 Legal Liability Article 33 In case of violations of the provisions of these measures, where relevant laws and regulations on special equipment already stipulate legal liability, such violations shall be dealt with in accordance with those relevant provisions ； Where laws, regulations, and other provisions of these Measures do not stipulate any legal liabilities, an order shall be issued to rectify the situation within a specified time limit ； If it is suspected of constituting a crime and criminal liability needs to be pursued in accordance with the law, it shall be transferred to the public security organs or supervision organs in line with relevant regulations. Article 34: If the entity under inspection refuses, without legitimate reasons, to allow inspectors access to the premises where special equipment is produced, operated, used, inspected, or tested, or if it fails to cooperate or delays and hinders the proper conduct of supervision and inspection, it shall be dealt with in accordance with Article 95 of the Safety Law of the People’s Republic of China on Special Equipment. If it constitutes an act in violation of public order management, it shall be referred to the public security authorities, which shall impose penalties for public order management in accordance with the law. Article 35: If the entity under inspection fails to conduct self-inspection and self-correction as required, it shall be ordered to make corrections within a specified time limit ； If the violation is not corrected by the deadline, a fine of not less than 5,000 yuan but not more than 30,000 yuan shall be imposed. If the entity under inspection conceals evidence, provides false documents, or fails to submit the relevant materials within the specified time frame, it shall be ordered to make corrections within a set time limit ； If the violation is not corrected within the prescribed time, a fine of not less than 10,000 yuan but not more than 100,000 yuan shall be imposed. Article 36: If entities engaged in the production, operation, or use of special equipment, as well as inspection and testing institutions, violate Paragraph 1 of Article 29 of these Provisions by refusing to comply with orders issued by the special equipment safety supervision authorities, they shall be fined not less than 5,000 yuan but not more than 100,000 yuan ； In cases of serious circumstances, a fine of not less than 100,000 yuan but not more than 200,000 yuan shall be imposed. Article 37: If personnel responsible for the safety supervision and inspection of special equipment fail to fulfill their duties in accordance with the law during such inspections and are held accountable for administrative law enforcement errors, the relevant provisions of applicable laws and regulations as well as the Provisions on the Administrative Law Enforcement Responsibility System for Market Supervision and Administration shall apply. If the market supervision and administration authorities and their staff are found to have violated discipline or laws during inspections and supervision of special equipment safety, they shall be referred to the disciplinary inspection and supervision authorities for imposition of party discipline and administrative sanctions in accordance with the law ； Those suspected of committing crimes shall be transferred to the supervisory authorities or judicial organs for handling in accordance with the law. Chapter 5 Supplementary Provisions Article 38 The equipment required for special equipment safety supervision and inspection personnel to perform their duties shall be provided in accordance with the relevant requirements for equipping grassroots law enforcement agencies under the market supervision and administration authority. Article 39: The format for documents related to the safety supervision and inspection of special equipment shall be established by the **State Administration for Market Regulation. Article 40 These Provisions shall come into force as of July 1, 2022.