The rivalry among regulatory bodies for special equipment
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Is the department responsible for the supervision and management of special equipment the Emergency Management Bureau or the Market Regulation Bureau? Firstly, in my personal opinion: neither. The authorities responsible for the supervision and management of special equipment should be the State Council and the people’s governments at or above the county level. Secondly, the actual implementation is generally carried out by the Market Administration Bureau, rather than the Emergency Management Bureau. Unless the people’s government designates it to the Emergency Management Bureau, in most cases it is the Market Regulation Bureau that is responsible for oversight; currently, only in some instances is it under the supervision of the Emergency Management Bureau, and there are even situations where different bureaus are each in charge of a specific area. Third, from a legal standpoint, the Special Equipment Law contains explicit provisions to this effect; although there are significant misunderstandings regarding the provisions of the Work Safety Law, Article 2 of the Work Safety Law clearly states that where separate regulations exist for the safety of special equipment, those regulations shall apply. Finally, regarding the welder’s certificates issued by the Emergency Management Bureau and the Market Regulation Bureau, the certificates issued by the Emergency Management Bureau are 【Special Operations Permits】, which are cards similar to identity cards and are primarily used to assess compliance with safety standards for welding operations ； The Market Bureau issues the [Special Equipment Operator Certificate]; it is currently in a green booklet format, and it focuses on assessing welding skills. All of them require a 【Special Operations Permit】 issued by the Emergency Management Bureau, but the 【Special Equipment Operator Certificate】 issued by the Market Regulation Bureau is needed only for working on special equipment. It’s a bit similar to a driver’s license and vehicle registration. Although the term ‘special’ is used frequently by emergency management agencies and market regulatory bodies, it is also employed by other government departments. There are relevant regulations in place, but it often happens that experts and officials at the national, provincial, and municipal levels cannot tell the difference. Even when they manage to figure it out, they still tend to get the names mixed up. As for those at the county level and the general public, they usually have no idea at all; the chances of them understanding the situation clearly are practically zero. It is recommended that proper distinctions be made between such specialized terms in order to ensure the effective implementation of laws and regulations.
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The Special Inspection Agency is an institution directly under the **State Administration for Market Regulation. A special inspection institute is short for a supervision and inspection institute for special equipment, and it is the statutory inspection and testing agency for such equipment. The main tasks involve carrying out quality supervision and inspection, periodic inspections, quality supervision and inspection during installation, as well as quality supervision and inspection for repairs and modifications of special equipment such as boilers, pressure vessels, medical oxygen chambers, pressure pipelines, gas cylinders, passenger cable cars, amusement rides, elevators, lifting machinery, and industrial vehicles. The department of the State Council responsible for the supervision and management of the safety of special equipment is in charge of overseeing the safety of such equipment across the country. The departments responsible for the supervision and management of special equipment safety in the local people’s governments at all levels above the county level are tasked with overseeing the safety of special equipment within their respective administrative areas. Article 58 The department responsible for the safety supervision and management of special equipment shall, when carrying out the licensing tasks stipulated in this Law, conduct examinations in accordance with the conditions and procedures set forth in this Law and other relevant laws and administrative regulations, as well as the requirements of safety technical specifications ； Those that do not meet the requirements shall not be approved. Article 59: When handling the permits stipulated in this Law, the departments responsible for the safety supervision and management of special equipment must make their procedures for acceptance, examination, and granting of permits transparent. They shall issue a decision on whether to grant or deny the permit within 30 days from the date of receiving the application ； If permission is not granted, the reasons shall be stated in writing to the applicant. From Baidu
The responsibility for the supervision and management of special equipment lies with the Market Regulation Bureau, rather than the Emergency Management Bureau. The Market Regulation Bureau is responsible for overseeing and monitoring the safety of special equipment. This includes regulating and supervising the design, manufacturing, installation, modification, maintenance, operation, and use of such equipment, as well as inspection and testing institutions. It also involves overseeing the examination bodies for personnel who work with special equipment. The Emergency Management Bureau is primarily responsible for emergency management tasks, providing overall guidance on responding to emergencies related to work safety and natural disasters, as well as on comprehensive disaster prevention, mitigation, and relief efforts. It is also in charge of the comprehensive supervision and management of work safety, as well as the supervision and management of work safety in industries such as manufacturing, mining, and commerce. In the event of an emergency involving special equipment, the emergency management department may get involved in coordinating emergency rescue efforts, but the daily responsibilities for monitoring and overseeing the safety of such equipment remain with the Market Regulation Bureau.
When the gods fight, mortals suffer. A welder’s certificate can kill many people
Rescue should be carried out by certified professionals from the Market Bureau; the rescue efforts carried out by the Emergency Management Bureau involve violent demolition, which is extremely dangerous.
An inspection agency generally refers to a third-party testing organization under the government, not an administrative agency; you’ve strayed from the topic.
Aren’t all the catalogs of special equipment issued by the State Council?