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Jiangsu Province has issued regulations on the management of assessment and evaluation for administrative permits related to special equipment, requiring local authorities to send personnel to supervise these assessments and evaluations on-site

2025-01-01View Original

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Chapter 1 General Provisions Article 1 These Measures are formulated in accordance with laws, regulations, rules and safety technical specifications such as the Administrative License Law of the People’s Republic of China, the Special Equipment Safety Law of the People’s Republic of China, the Regulations on the Safety Supervision of Special Equipment of the People’s Republic of China, the Rules for Licensing Special Equipment Production and Filling Units, the Rules for Approving Special Equipment Inspection Institutions, and the Rules for Approving Special Equipment Testing Institutions, in order to strengthen the management of administrative license assessment work for special equipment, standardize such assessment work, and improve its quality. Article 2: The term \"administrative license assessment for special equipment\" as used in these measures refers to the on-site technical review and condition verification carried out by relevant technical service institutions, commissioned by the Jiangsu Provincial Market Regulation Bureau (hereinafter referred to as the Provincial Market Regulation Bureau), to determine whether the applicants for administrative licenses such as those for special equipment production and filling units, as well as for inspection and testing agencies, meet the corresponding licensing requirements. The production of special equipment includes design, manufacturing, installation, modification, and repair. Article 3 These Measures shall apply to the administrative licensing, appraisal, and evaluation of special equipment within the administrative region of Jiangsu Province. Article 4: The assessment and evaluation work related to administrative permits for special equipment shall adhere to the principles of openness, fairness, impartiality, as well as convenience and efficiency. Such assessments and evaluations must be carried out in strict compliance with the requirements of laws, regulations, rules, safety technical specifications, and relevant standards. The appraisal and evaluation agency assumes legal responsibility for its appraisal and evaluation activities as well as the conclusions resulting therefrom. Article 5: The appraisal and evaluation institutions for administrative licenses related to special equipment shall be determined by the Provincial Market Regulation Administration through government procurement of services. Article 6: Appraisal and evaluation agencies shall not charge any fees to entities submitting applications for administrative permits in violation of relevant regulations.  Chapter 2 Requirements for Appraisal and Evaluation Institutions and Personnel Article 7 Appraisal and evaluation institutions shall meet the following requirements: (1) They must be legal person organizations established in accordance with the law, and possess the resource conditions and technical capabilities necessary to carry out appraisal and evaluation tasks ; (II) Having the necessary working premises, facilities for work, and facilities for storing documents and other materials as part of the working conditions ; (III) Possess appraisal and review work systems as well as operational guidelines that meet the relevant requirements. The work system should include regulations on the establishment of review management departments, personnel responsibilities, training and assessment management for review personnel, review quality control, and document management ; The work instruction document should specify requirements such as the appraisal and review procedures, review timelines, and work standards ; (IV) The persons who approve and review the evaluation report must possess a bachelor’s degree or higher in a field related to special equipment, at least 10 years of work experience in areas related to special equipment, a senior engineer title (or qualifications as a special equipment inspector), and must be no older than 65 years of age ; (5) Provide laws, regulations, rules, safety technical specifications, and relevant standards that meet the requirements for appraisal and evaluation work ; (6) Other conditions stipulated by laws, regulations, rules, and the Provincial Market Regulation Administration. Article 8 Personnel engaged in appraisal and evaluation shall meet the following requirements: (1) They must have an employment relationship with the evaluation agency, be covered by social insurance or accidental injury insurance, and be no older than 65 years of age. The head of the review team should be a full-time employee who has signed a formal employment contract and whose pension insurance is paid by the reviewing organization ; (II) Possess a bachelor’s degree or higher in a field related to special equipment, as well as an intermediate or higher professional title in such a field; have at least 5 years of work experience in the production, inspection, testing, or safety management of special equipment related to the assessment and evaluation tasks they carry out ; (III) The head of the evaluation team shall hold a professional title of senior engineer or above, have more than 8 years of work experience in special equipment-related fields, and have conducted more than 12 evaluation tasks related to such licensing projects ; (IV) Proficient in the skills and techniques required for the assessment and evaluation related to administrative permits for special equipment; familiar with relevant laws, regulations, rules, safety technical specifications, standards, as well as the policy provisions issued by the provincial market supervision authority; possess strong communication and coordination abilities; able to complete the assessment tasks on time and ensure the quality of such assessments ; (5) Each assessment and evaluation specialist may be employed by only one such organization, and shall not simultaneously serve as an assessor for pressure-related items and those related to mechanical and electrical systems ; (VI) Have good moral character and integrity, abide by the code of conduct for assessment and evaluation personnel, and have no record of violations of laws or regulations ; (7) Other conditions stipulated by laws, regulations, rules, and the Provincial Market Supervision Bureau. Article 9: The appraisal and evaluation institution shall have the appraisal and evaluation personnel and relevant staff sign statements of integrity and confidentiality. Chapter 3 Procedures and Requirements for Appraisal and Evaluation Article 10 Upon receiving a commission from the administrative licensing authority, the appraisal and evaluation agency shall, within 10 working days, agree on the date for the appraisal and evaluation with the applying entity, in order to meet the latter’s time requirements as much as possible; however, the evaluation must be carried out within 3 months from the date of receipt of the commission from the administrative licensing authority. Before the appraisal review, the review date, procedures, and requirements shall be communicated in writing to the applicant entity. Article 11: For the approval and evaluation conducted by inspection and testing agencies, such agencies shall complete said evaluation within 60 working days as of the date of issuance of the \"Decision on Accepting Applications for Administrative Licenses for Special Equipment (Letter of Entrustment for Evaluation)\」 (see attachment). For the assessment and evaluation of the installation permit for Class A boilers, the assessment and evaluation agency shall complete it within 2 years. For the appraisal and evaluation of other licensing items, the appraisal and evaluation agency shall complete it within 1 year. The above completion deadline includes the time for rectification. Article 12: The appraisal and evaluation agency shall dispatch an appraisal and evaluation team on the agreed-upon evaluation date to conduct an on-site appraisal and evaluation. In principle, the appraisal and evaluation team consists of 2 to 3 appraisal and evaluation members (including the team leader); if there are more than 2 evaluation items, manufacturing locations, or filling locations, the number of appraisal and evaluation members can be increased accordingly. The chairperson of the review panel is the primary person responsible for the appraisal and review work, and is accountable for the standardization of the review process and the authenticity of the review conclusions.   Article 13 The procedures for on-site appraisal and evaluation generally include holding an opening meeting, conducting on-site inspections, carrying out group reviews, summarizing the findings, exchanging opinions, and holding a closing meeting. On-site appraisal and evaluation are generally completed within 2 to 3 days; in special cases, this period can be extended by 1 to 2 days. Article 14: Appraisal and evaluation agencies and personnel shall adhere to the principle of recusal. Appraisal and evaluation agencies shall not have any interest ties with the applying entity in terms of assets, business, management, etc., nor shall there be any relationships that could affect the independence and fairness of the evaluation. Appraisal reviewers shall not conduct appraisal reviews for the following applicant entities: (1) Entities in which they have previously worked (including those in which they are currently working) ;     (II) Entities that have provided consulting services for the appraisal and evaluation of special equipment ; (III) Having a close familial relationship with the relevant responsible person of the applying entity ; (4) Those who participated in the most recent appraisal and evaluation work of the applying entity ;     (5) Having an interest relationship with the applicant that may affect the fairness of the evaluation. Article 15: During on-site evaluation and assessment, the evaluation team shall examine and confirm each item in accordance with the licensing rules, review the original relevant supporting documents, and verify the authenticity of such documents through official online platforms. The review records shall truthfully reflect the actual situation, describing the name, number, content, parameters, etc., of the witnessed materials to ensure their traceability. Each item under review shall be evaluated based on three possible outcomes: “compliant”, “non-compliant”, or “not applicable”. For items deemed “non-compliant”, the reasons therefor must be specified. Article 16: During the assessment and evaluation process, if it is found that the actual resource capabilities of the applying entity or its products do not meet the requirements corresponding to the scope of license granted, upon a written request from the applying entity and confirmation by the assessment and evaluation team, the team may conduct the assessment and evaluation within a reduced scope of license sub-items or at a lower license level, and shall state this in the assessment and evaluation report. Article 17: During the evaluation process, if it is discovered that there have been changes to key information provided by the applying entity, that the actual situation does not match the information submitted in the application, or if the entity requests to add additional license sub-items, to increase the level of license parameters, or if other circumstances arise that fall outside the scope of authority of the administrative licensing authority, the evaluation shall be terminated. At the same time, the accreditation and evaluation body shall submit written materials regarding the termination of the evaluation to the administrative licensing authority. Article 18 The appraisal and evaluation team shall, based on the results of the appraisal and evaluation, put forward preliminary evaluation opinions and conduct thorough communication with the applying entity. The conclusions of on-site assessment and evaluation are classified into “Meets requirements”, “Fails to meet requirements” and “Requires rectification” in accordance with the following criteria: (1) If all licensing requirements are satisfied or all such requirements are met after on-site rectification, the conclusion of the on-site assessment is “Meets requirements”” ; (II) Some of the conditions required for approval are not met, and rectification cannot be carried out on site; however, the rectification can be completed within the specified time frame, thereby meeting the approval requirements. The on-site assessment conclusion is “rectification required”” ; (III) Except as provided in Items 1 and 2 of this article, the on-site evaluation conclusion is “does not meet the requirements”. Article 19: If the on-site evaluation concludes that corrective actions are required, the appraisal and evaluation team shall inform the applying entity of the issues identified during the appraisal and the reasons behind them, specify the issues that need to be corrected, the requirements for making those corrections, the methods for verification, and the deadline for completion of the corrections. A memorandum regarding the appraisal and evaluation of special equipment shall then be signed with the applying entity. The time for making corrections shall not exceed 6 months. Article 20: The applying entity shall submit a rectification report and supporting documentation to the appraisal and evaluation body within the prescribed rectification period. Upon receiving the aforementioned materials, the appraisal and evaluation agency shall promptly complete the verification of the corrections; if written documentation is insufficient for such verification, an on-site inspection shall be organized. Article 21: The conclusions of the appraisal and evaluation report are divided into “meets the requirements”, “meets the requirements after rectification”, and “does not meet the requirements”. (1) All licensing conditions are met, and the evaluation conclusion is “meets the requirements”” ; (II) After rectification, all conditions for permission are met; the assessment conclusion is “Conditions are met after rectification”” ; (III) If the requirements for approval cannot be fully met even after corrective actions, or if the period of such corrections exceeds 6 months, the assessment conclusion will be “does not meet the requirements”” ; (IV) If, during the evaluation process, it is discovered that the applying entity has engaged in deceptive practices such as concealing the truth or submitting false documents, the evaluation shall be terminated, relevant evidence shall be preserved, and an evaluation report stating that the entity does not meet the requirements shall be issued. Article 22: The appraisal and evaluation report shall comply with the requirements of laws, regulations, rules, safety technical specifications, and relevant standards. It shall be prepared by the members of the evaluation team, who must all sign their names on the conclusion page; the signatures shall be neat, clear, and legible. The evaluation report shall be reviewed and approved by the evaluating agency, and stamped with the seal of the appraisal and evaluation agency. In cases where the assessment report is returned for rectification, the assessment body shall complete the necessary corrections within 5 working days and resubmit it (except when delays are caused by reasons attributable to the applying entity). Article 23: If the conclusion of the on-site appraisal and evaluation is “qualified” or “unqualified”, the appraisal and evaluation agency shall issue an appraisal and evaluation report within 10 working days after the completion of the on-site appraisal and evaluation work ; If the on-site assessment conclusion is that “rectification is required,” the assessment agency shall issue an assessment report within 10 working days from the date when it confirms that the rectification has been completed. Article 24: Upon completion of the appraisal and evaluation work, the appraisal and evaluation team shall promptly submit to the appraisal and evaluation agency the appraisal and evaluation report, evaluation records, rectification report, and relevant supporting documents. The appraisal and evaluation agency shall file and preserve the evaluation materials in accordance with the archive management regulations, with the retention period for such archives being no less than 10 years. Article 25: The appraisal and evaluation agency submits the evaluation report, evaluation records, and rectification report to the administrative licensing authority through the approved information system. Article 26 The administrative licensing authority shall examine the assessment materials submitted by the assessment and evaluation institution within the statutory time limit. Review reports that meet the formal requirements and have clear assessment conclusions are accepted. In cases where corrections are requested for withdrawal, such requests may, depending on the circumstances, be rejected and a re-evaluation arranged: (1) Incomplete documents or incorrect entry of basic information ; (II) The evaluation conclusion is clearly illogical ; (3) There are obvious errors in the content of the review report, or it clearly fails to meet the requirements of the licensing rules. If the appraisal and evaluation report exhibits the circumstances specified in paragraphs (ii) and (iii) above, the administrative licensing authority shall conduct an assessment of those appraisers and evaluators who are unsuitable to continue performing such work. If the appraisal and review report is returned for revision, the time spent on revisions is not included in the licensing review period. Article 27: Eligible special equipment manufacturing units may apply for exemption from inspection, evaluation, and certificate renewal by submitting materials such as a self-declaration commitment letter confirming continuous compliance with the licensing requirements. Licensed entities shall not apply for a self-declaration-based renewal of their license twice in a row.  Chapter 4: Discipline in Appraisal and Evaluation
Article 28: Appraisal and evaluation agencies shall abide by the following provisions: (1) They shall not subcontract or reassign the appraisal and evaluation work to other agencies ; (II) Persons who do not meet the requirements of Article 8 shall not be employed to conduct appraisal and evaluation ; (III) Shall not engage in paid consulting activities related to appraisal and evaluation ; (IV) It is prohibited to use the opportunity of evaluation and assessment to illegally obtain or disclose the trade secrets of the applying entity ; (5) Shall not participate in the operational activities such as production, filling, and sales of special equipment by the applying entity ; (6) It is prohibited to violate relevant safety technical specifications and the requirements of these Measures by arbitrarily adding or removing contents of the appraisal and evaluation, or by arbitrarily raising or lowering the requirements for such appraisal and evaluation. Article 29: When carrying out appraisal and evaluation tasks, appraisal and evaluation personnel shall strictly abide by the following provisions: (1) They shall not accept any securities, gifts, or cash ; (II) It is prohibited to require the applying entity to reimburse expenses related to accommodation, transportation, or other costs that should be paid by the appraisal and evaluation entity or individuals ; (III) One shall not participate in any form of banquets or recreational activities that may influence the appraisal and evaluation process or its outcomes ; (IV) No paid consultation shall be provided to the applying entity in the name of an individual or relatives and friends ; (5) It is prohibited to disclose any **secrets, trade secrets, or personal information** learned during the appraisal and evaluation process ; (VI) Shall not engage in or participate in operational activities such as the production, filling, and sales of special equipment by the applying entity ; (7) It is prohibited to use the opportunity of appraisal and evaluation to promote products or services ; (8) No opinions shall be expressed to the applicant regarding whether the administrative licensing authority will grant the administrative license after the evaluation ; (IX) There shall be no other behaviors that may cause adverse effects.  Chapter 5 Management and Supervision Article 30 If an assessment and evaluation officer violates the provisions of Article 29, the assessment and evaluation agency shall revoke his or her qualification for conducting evaluations, and any evidence of illegal or disciplinary violations shall be transferred to the relevant authorities for handling in accordance with the law. If the administrative licensing authority determines that an appraisal reviewer is no longer suitable for performing appraisal tasks, it shall notify the relevant appraisal agency in writing, and such agency shall not assign them to carry out appraisal work any longer. Article 31: Appraisal and evaluation agencies shall strengthen the quality management of their appraisal and evaluation activities and conduct self-inspections thereof. The appraisal and evaluation agencies shall submit a summary of their work for the previous year to the provincial market supervision bureau in the first quarter of each year, and shall voluntarily accept supervision from market supervision departments at all levels. Article 32 The appraisal and evaluation agency shall send a copy of the evaluation notice to the market supervision department in the jurisdiction of the applying entity. The market supervision department in the jurisdiction of the applying entity shall assign administrative law enforcement officers to serve as observers to supervise the appraisal and evaluation process on site. Article 33: The Provincial Market Regulation Bureau conducts evaluations and inspections of the quality of appraisal and evaluation work, generally no less than once a year. Article 34: If an appraisal and evaluation institution commits any of the following acts, the administrative licensing authority shall, depending on the severity of the situation, order a discussion with the institution, suspend or terminate the delegation of appraisal and evaluation tasks to it: (1) Failing to carry out appraisal and evaluation work in accordance with the prescribed procedures and time limits ; (II) The quality of the appraisal and evaluation work is poor, resulting in serious consequences ; (III) Those who issue false appraisal and evaluation reports through fraud ; (IV) Those whose appraisal and review reports have been returned for correction on multiple occasions ; (5) Those that fail to submit a summary of the annual evaluation and assessment work in accordance with the provisions of these measures ; (6) Failing to meet the requirements as an appraisal and evaluation institution, failing to report this to the administrative licensing authority, and continuing to carry out appraisal and evaluation work ; (7) Those that fail the supervision and inspection ; (8) Engaging in activities that affect the fairness of appraisal and evaluation work ; (IX) Circumstances that violate laws, regulations, rules, safety technical specifications, relevant standards, and the provisions of Article 28 of these Measures.  Chapter 6 Supplementary Provisions Article 35 In the event of any discrepancy between these provisions and the relevant regulations issued by the **State Administration for Market Regulation, the regulations of the Administration shall prevail. If the evaluation body encounters matters not specified in these measures during the evaluation process, it shall promptly report to the administrative licensing authority and explain the situation in the evaluation report. Article 36 These Provisions shall come into force as of January 1, 2025, and remain in effect until December 31, 2029. The former \"Measures for the Assessment and Evaluation of Administrative Licenses for Special Equipment by the Jiangsu Provincial Market Regulation Bureau\" (Su Shi Jian Gui [2020] No. 12) is hereby repealed simultaneously.
Reply #22025-01-02
Having non-professionals supervise professionals is equivalent to having no supervision at all.

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